Broadcasting Telecasting (Jan - Mar 1951)

SIGNAL CONTROL study plqn M°dificqti°ns SUGGESTED modifications of a proposed amendment to the Communications Act — some offered by NAB for the industry, and others indicated by the Senate Interstate & Foreign Commerce Committee — marked developments on the Defense Dept.'s emergency radio-TV control plan last week. On Capitol Hill the Senate group was weighing — though it had not yet drafted — a plan which would limit the inclusion of electro-magnetic devices to those throwing out radiations over a certain distance — possibly in excess of five miles. Senate Group Views The proposal is being studied by Chairman Ed C. Johnson (D-Col.) and members of the Senate Commerce Committee, which earlier held two-day hearings on the Defense Dept.'s request, embodied in a bill introduced by Sen. Johnson, for authority to curb radio and television broadcasting and other radiations capable of "homing" enemy aircraft and missiles [Broadcasting • Telecasting, Feb. 26]. The committee is marking time until it receives reactions from such groups as Radio-Television Mfrs. Assn., the Air Force, FCC and others. At deadline Thursday, only NAB had filed comments on the committee staff proposal, which hopes to give the military sufficient authority within the framework of Sec. 606 (c) of the Communications Act. Letter to Johnson In a letter to Sen. Johnson, NAB President Justin Miller said he felt that, with "slight modifications," the staff amendment "fully effectuates the purposes of the Dept. of Defense." Judge Miller suggested: (1) Clarification of phraseology setting the President's authority to control communications, specifically that a "proclamation of the threat to neutrality is required before an exercise of the executive powers ... is authorized"; (2) an additional section spelling out compensation to owners whose equipment is not only "controlled or used" but also "closed"; (3) a definition of "radio" in Sec. 301 of the Communications Act to cover incidental radiations of devices not intended primarily for communication; (4) an amendment of the penalty provision of the act to bring any violation of Sec. 606 (c) within FCC jurisdiction. The Commerce Committee officially took no action last week, nor did it discuss the whole radiations problem in executive session. The next executive session is set for March 14. Whether the committee will take up the military proposal before that date depends on the tenor of reactions from other agencies and groups. Sen. Johnson already has indicated that, if the comments are favorable to the staff amendment, further hearings will not be necessary. The possibility of modifying the amendment still further to restrict the devices which the amended Communications Act would embrace was held likely at week's end. It probably would have little effect on radio-TV signals, but would eliminate those devices whose radiations would be ascertained to extend within an established radius — possibly five, ten or even 50 miles. This prospect had been broached during hearings by David Smith, Philco Corp., representing RTMA. He had suggested limiting devices to those with over a half-mile radiation, and opposed giving FCC any more authority over interference problems in normal peacetime operation, lest it would "control everything you do." The committee obviously was impressed with Mr. Smith's testimony that the Institute of Radio Engineers has spent two years evolving methods of radiation measurement relating to TV receivers. Such a method, he suggested, might be in terms of distance rather than cycles. Part text of Judge Miller's letter: With . . . modifications . . . my suggestion for an amendment is as follows : "Sec. 606 (c). Upon proclamation by the President that there exists war or a threat of war. or a threat to the neutrality of the United States, or a state of public peril or disaster or other national emergency, the President, if he deems it necessary in the interest of national security or defense, may suspend or amend, for such time as he may see fit, the rules and regulations applicable to any or all stations or devices capable of emitting electromagnetic radiations within the jurisdiction of the United States as prescribed by the Commission, and cause the closing of any station for radio communication, or any device capable of emitting electromagnetic radiations between 10 kilocycles and 100,000 megacycles, and the removal therefrom of its apparatus and equipment, or he may authorize the use or control of any such station or device and/or its apparatus and equipment, by any department of the government under such regulations as he may prescribe upon just compensation to the owners for such AGENCY LISTS New 11 -Point Service DORRANCE WADDELL Inc., New York advertising agency, has announced a new 11-point service to advertisers in the package products field. Described in a brochure entitled, "Sales at More Profits," the 11 services include several not normally associated with agency functions. Available to clients separately or in various combinations, the 11 points include preliminary market and consumer reports; preparation of complete marketing plans; securing of actual distribution; organization of a selling force; advisory sales supervision; management advisory and consulting service; sales promotion, publicity, advertising, public relations and creation of the "exclusive selling idea." use and/or loss resulting from sue), closing or control." With respect to penalty provi-j sions, FCC Comr. George E. Ster I ling had noted during the hearing I held Feb. 21-22, that the Communi cations Act does not contain ex \ press provision for criminal sane | tions relating to violations of the I Presidential authority as outlined I in the present legislation. Patriotic Motive Sen. Johnson also has said he I felt personally that those proposed ! by the Defense Dept. and incorpo j rated in his bill are stringent, and j compliance should be "a matter of j patriotism." The penalties range | from $50,000 for corporations tc | $10,000 for individuals violating i the bill, with five years' imprison i ment also included. Sen. Johnson also indicated that, from informed conferences with j Maj. Gen. Francis Ankenbrandt, USAF, who represented the Defense Dept. during hearings, the military appears to be amenable to the staff 1 amendment. There had been widespread fears — or at least, understandable caution — lest the military seize far-reaching power over radio-TV broadcasting stations. BEVIS HONORED At KOA Denver Reception CHARLES C. BEVIS Jr., newlyappointed general manager of KOA Denver, was honored at a reception attended by 500 regional civic, business and government leaders held at the Brown Palace Hotel, Denver, Feb. 27. James M. Gaines, vice president in charge of owned and operated stations of NBC, which owns KOA, acted as official host. Assisting him were John K. West, vice president in charge of NBC's Western Division; Lew Frost, assistant to Mr. West; Thomas McCray, director of NBC radio operations in Hollywood, and Lloyd E. Yoder, general manager of KNBC San Francisco, NBC outlet there. Local government officials attending included the newly-elected governor of Colorado, Dan Thornton, and Mayor Quigg Newton of Denver. Executives from Denver civic and business organizations, regional military commanders, presidents of the state's colleges and universities, radio and newspaper officials and advertising executives also were present. Mr. Bevis was Mr. Gaines' executive assistant before his appointment last month to head KOA. Paul Patterson III PAUL PATTERSON, who retired Jan. 31 as president of the A. S. Abell Co., which publishes the Baltimore Sun papers (WMAR-TV) last week was reported critically ill in Johns Hopkins Hospital, Baltimore. Mr. Patterson reportedly became ill Feb. 25 on a flight from Mexico where he had spent a threeweek vacation. AFM NEGOTIATION Meetings Stopped, No New Date Set AFM-network negotiations in New York to replace national and local contracts which expired Jan. 31 were suspended late Wednesday, with no date set for a further meeting and without comment by either side. Network negotiators are understood to regard the cessation of negotiations as a "temporary suspension" . until reaction of New York, Chicago and Los Angeles locals to a network "package proposal," which if accepted would constitute an over-all solution, is known. Union officials, however, are believed to view what occurred as a "breakoff" which could lead to a strike. Strike Possible Since AFM contracts have expired, a short-notice strike, either nationwide or locally in New York, Chicago and Los Angeles, becomes a possibility, depending upon the outcome of meetings of the New York and Los Angeles locals expected this week. The "package proposal" is understood to have been presented to AFM President James C. Petrillo, who represents the Chicago local as well as the national federation, and to officials of New York and Los Angeles locals last week. Union negotiators are believed to consider the proposal unsatisfactory but will present it to their respective executive boards and local memberships for final action. New York Local 802 reportedly has called a meeting for March 7, the earliest date allowing notification of some 33,000 members. A meeting of Los Angeles Local 47, whose representatives are understood to be dissatisfied with the network offer and to consider its acceptance by their membership unlikely, also is repox-tedly planned for this week. Details of the "package" have not been released, but it is understood to include a proposed 10% wage increase for staff musicians, as opposed to a subsequent counterproposal by AFM of a 20% increase. Although the network provision, if any, for increasing musician employment is not known, union negotiators are believed dissatisfied on this score particularly. AFM has sought to ban the playing of recordings over the air between 8 a.m. and midnight. Page 32 • March 5, 1951 BROADCASTING • Telecasting