Broadcasting (Oct - Dec 1950)

Color TV Parts (Contbiued from page 63) wholesaler of electrical products, is vice chairman of the advisory group. He was also named as civilian chairman of a task group to formulate policies of the committee. Mr. Simon heads a company which handles such products as Motorola television and radio, General Electric traffic appliances, Hotpoint items, and other lines. Group plans to hold its next meeting in Chicago Jan. 9. The task force will make recommendations to NPA on problems relating to (1) equitable distribution of scarce appliances; (2) provision for furnishing appliances to "disaster" areas; (3) ^'immediate stop" on production of color TV equipment. The committee expressed concern over possibility that manufacturers might tend to concentrate future output in high-priced lines, thus eliminating low-cost appliances. Electrical manufacturers are already simplifying designs and developing substitute materials, as well as cutting down on use of scarce copper and aluminum, NPA said. Text of committee's resolution: WHEREAS, the President has declared a national emergency for the purpose of mobilizing production and manpower as a major objective in the defense effort, and, WHEREAS electronic devices constitute critical and vital component parts in most military equipment calling for the utmost efforts and time of expert electronic engineers, whereby design and production development becomes a prime essential immediately for the early commencement of the manufacturer of military electronic devices, and. WHEREAS, such expert scientific and engineering manpower is already in scarce supply, together with adequate laboratory facilities, testing, equipment and personnel, and WHEREAS the facilities of the electronic manufacturing industry will be required at a rapidly increasing rate to fulfill the urgent need of production for the maintaining of balanced output with military equipment, using such electronic devices, it is recommended that since there is, under these emergency conditions no likelihood whatever for the usage of electronic equipment by the public for the reception of color television broadcasting, and since components and vital raw materials, both of present types and others that will have to be developed, are in serious short supply and, further, since color television receivers will require the use of at least double the number of tubes than used in ordinary blackand-white television sets, as well as probable development of new types of tubes and other components calling for the absorption of seriouslj^ vital raw materials, that all consideration of production of components or devices intended for the receiving equipment to be used for color television reception be postponed until such time as materials and components shall be in safe, adequate supply to meet the requirements of the present emergency. Court Upholds FCC (Continued from page 61) nothing but smiles under our umbrella! HOLUKD KALAMAZOO NOW 92,972 SETS UlliiU-TU CHANNEL 7 GRAND RAPIDS LIVE INTERCONNECTED Represented by John Pearson system." The opinion also held: While the findings of the Commission are severely criticized, it is not contended in the main that they are not supported by substantial evidence. It is pertinently pointed out, however, that a number of critical findings are based upon evidence which was taken in the earlier stage of the proceeding which is not representative of the situation as it existed at the time the findings were adopted. Admittedly, much progress was made during the latter portion of the hearings, and, as claimed, after the hearings closed, in the development of a compatible system of color television. Particularly was such progress made by RCA, and as we view the situation the most plausible contention made by plaintiffs is that the Commission abused its discretion in refusing to extend the effective date of its order so that it might further consider the situation, and particularly the improvement which it is claimed had been made by RCA and others. On the merits of the case, however . . . much of plaintiff's argument — in fact a major portion of it — is predicated upon matters outside the record made before the Commission, and without going into too much detail we think it relevant to refer to some of such matters. W^hile many affidavits oflfered by the plaintiffs as well as the intervening plaintiffs are proper, no doubt, to show damage in support of their asserted right to an injunction, many of tTiem go far beyond this purpose and contain a recitation of alleged facts directly in conflict with the findings made by the Commission. Typical of such affidavits is that of Dr. C. B. Jolliffe, executive vice president in charge of the RCA Labs. His affidavit, in addition to showing damages which will be sustained by RCA as a result of the order, goes extensively into the alleged merits of the RCA system, the alleged demerits of the CBS system, and the alleged errors committed by the Commission. . . . And much of plaintiff's argument is predicated upon matters brought before the court in this fashion. In our view, such asserted facts are not properly before the court. A consideration of such matters would in affect amount to a trial de novo, which we are without power to grant. Thus, much of plaintiff's argument, predicated upon such immaterial matter, appealing as it is, must be discarded. Both the majority and Judge LaBuy cited Comr. George E. Ster TWA SIGNS Sei-s NBC Series Contract FIRST major airline to adopt network radio as a primary medium is Trans World Airline, which will sponsor the new Gary Grant comedy series Mr. Blandings on NBC. Series will start Jan. 21, 5:30-6 p.m. Series is based on novel, Mr. Blandings Builds His Dream House. It is understood the TWA series carries a half-million dollar budget. Mrs. Grant (Betsy Drake) will take part. Agency is BBDO, New York. ling's dissent from FCC's final decision, in which he noted manufacturers' problems of production, procurement, and manpower as well as fast-breaking developments in the TV field. Judge LaBuy also quoted from Comr. Frieda B. Hennock's dissent in which she proposed to defer final decision until June 30, 1951. He pointed out that RCA asked FCC on Oct. 4 to review RCA's progress before issuing a final decision, and noted that FCC replied that delay ''would not be conducive to the orderly and expeditious dispatch of the Commission's business." But, Judge LaBuy argued, "the Commission recognized and the record before the Commission is replete with evidence that rapid strides are being made toward the perfection of a fully compatible system. . . ." He continued: ... If hope and speculation may lawfullj be substituted for evidence as a foundation for an important part of its decision, it was an abuse of discretion not to have indulged this speculation and hope in the public interest. The Commission chose a speedy determination on an issue of great public interest in preference to the more patient consideration which the magnitude of the question warranted. To prohibit the broadcast of color in completely compatible systems, whether it is RCA or any other fully compatible system, is a bar to competition between compatible and incompatible color and is unreasonable and arbitrary. It is my opinion the Commission's precipitous action in entering the order, the impact of which will require owners of televiaiion sets to install equipment at a cost of many hundreds of millions of dollars, and its refusal to hear additional evidence clearly indicates an abuse of discretion and constituted action which was arbitrary and capricious. Radio-TV Signals (Continued from page 20) by Marx Leva, Office of the Secretary of Defense, would impose a maximum $10,000 fine or five years imprisonment on any individual who "knowingly" uses transmitting devices in violation of U. S. security. A $50,000 fine could be levied on coi-porations found guilty. The bill, which would amend the U. S. Code to impose such penalties, also would empower the President to compensate the owners of equipment which transmit "electromagnetic radiation" or radio waves. If the owner were unwilling to settle for an amount set by the President, he would be paid 759c of the sum and be entitled to sue the government in the Court of Claims, or in a district court, within three years after the amount of compensation had been determined. The Defense Dept., in submitting the draft, said that the bill had been coordinated among departments and boards in accordance with procedures proscribed by the Secretary of Defense. Page 66 • December 25, 1950 Telecasting • BROADCASTING