Broadcasting Telecasting (Apr - June 1951)

"X : • ■s HARTLEY LEADS As Hennock Successor WHO WILL succeed Comr. Frieda B. Hennock on the FCC was the big question in Washington last week following the first woman Commissioner's appointment to a federal district judgeship in New York. While the vacancy will not occur until the Senate's confirmation of Miss Hennock is forthcoming, speculation spontaneously developed on the successorship. Leading candidate, at deadline, was understood to be Robert T. . ,tc Bartley, nephew of Speaker Sam Rayburn of the House, who is well known in broadcast and Congressional circles. He has been with the NAB, the FCC, and the Yankee Network before assuming his present post as administrative assistant to Mr. Rayburn. Speaker Rayburn admits that Mr. Bartley is being considered by the White House. However, he is withholding comment on whether he has contacted the President in the past week. It is conceded in political circles that if Speaker Rayburn decides to make a strong bid for Mr. Bartley, the Chief Ex ecutive will be hard put to deny the request. The strong factor that defies an immediate decision by the White House is that Comr. Hennock must first be confirmed by the Senate. Until she actually makes her curtsy from the Commission, the question of a vacancy on the FCC is academic, the politically sage point out. The appointment probably would be Democratic. Comr. Hennock is a New York Democrat. FCC is composed of three Democrats, a like number of Republicans, and one independent. Opposition was registered against Comr. Hennock's nomination the day after President Truman sent her name to the Senate last Monday for the federal bench in the Southern District of New York to succeed Judge Alfred C. Coxe, who has retired. Whitney Seymour, president of the Assn. of the Bar of the City of New York, and Louis M. Loeb, chairman of the bar's judiciary committee, issued a statement saying, "We are convinced that she is PLOTKIN QUITS Leaves FCC Staff For Law Firm HARRY M. PLOTKIN, around whom many of the FCC's most controversial issues have revolved, last week resigned from the Commission staff. Following a two-week vacation, the former assistant general counsel will join the law firm of Arnold, Fortas & Porter as a partner. ilOf Mr. Plotkin r.-r ! aj ,\4 a Mr. Plotkin is to practice in the t. firm's Washington offices and will devote his attention primarily to litigation and appellate work, but not necessarily specializing in radio matters. In terminating his FCC service of more than a decade, as of last Tuesday, Mr. Plotkin again joins forces with Paul Porter under whom he served when the latter was Commission Chairman from December 1944 to February 1946. Mr. Porter, along with Thurman Arnold and Abe Fortas, are the senior partners in the law firm. Mr. Plotkin, an admittedly brilliant attorney, successfully pointed the way for the Commission on many of its major problems. More irecently, he had assumed a major 'role in the TV allocations proceedings as well as the color TV decision. It is noted that certain phases and lines of thought expressed in the Commission's color ruling were iicked up verbatim by the Supreme Court majority in upholding the ,FCC last month [Broadcasting • Telecasting, June 4]. However, the former assistant 1 general counsel's approach to nuIjffierous Commission's problems I stirred up opposition from many I luarters and led to the charge that I i law faction within the FCC was attempting to mould that agency's policies. The climax to this situation came when the Commission named Curtis B. Plummer to head up the new Broadcast Bureau under the FCC reorganization along functional lines [Broadcasting • Telecasting, May 7]. Up until that time Mr. Plotkin had been regarded as an odds-on favorite for the post. The Commission's vote was 5-2 with Chairman Wayne Coy and Comr. Frieda B. Hennock dissenting. Their candidate had been Mr. Plotkin. Subsequently, when the Commission was considering nominees for the remaining top spots under the Bureau, Mr. Plotkin specifically requested that his name be withheld. In the meantime, he relinquished his duties as assistant general counsel in charge of the Broadcast Division and transferred to the office of the General Counsel. A native of Athol, Mass., Mr. Plotkin was graduated magna cum laude from the Harvard Law School in 1937. From 1937 to January 1940, he was associated with Topliff & Horween, Chicago law firm, leaving to join the law staff of the FCC. From 1942 to May 1948 he was chief of the litigation and administration division. During this time, in December 1943, Mr. Plotkin was named assistant general counsel. In 1948 he became assistant general counsel in charge of the Broadcast Division. totally unqualified to be a United States District Judge and shall vigorously oppose confirmation of her nomination." The bar spokesmen recalled that in 1949 Comr. Hennock's name "was submitted to the association for possible appointment to one of the then existing vacancies in the District Court, and after investigation, we reported that she was not qualified." It was understood that the White House had sought clearance of Comr. Hennock's appointment for more than two months but that the bar repeatedly had tm-ned down requests. Comr. Hennock, first woman to be appointed to the Commission since its formation and first woman to be nominated for the federal bench in the southern district of New York, had not been slated for hearing by the Senate Judiciary Committee as of last Friday. It is customary for the committee to give notice of a hearing by a subcommittee one week in advance. The committee already has scheduled hearings for tomorrow (Tuesday) for two other nominees for New York judgeships, nominations which were submitted to the Senate as a group along with that of Comr. Hennock. There are contenders other than Mr. Bartley, thus indicating a wide choice should Mr. Truman seek elsewhere for his nominee to the FCC. Mentioned is Fanney Neyman Litvin, FCC hearing examiner since 1947. She is said to be favored by Comr. Hennock. If nominated, the selection of a woman would follow the precedent established by President Truman in 1948 when he nominated Miss Hennock. Examiner Litvin was born in Butte, Mont., Feb. 1, 1900, and joined the then newly formed law department of the Federal Radio Commission in December 1928 when Louis G. Caldwell was chief. Another is Theodore Granik, Comr. HENNOCK Mr. BARTLEY ■Y * * Washington attorney and moderator of NBC's American Forum of the Air. It had been reported that at one time Mr. Granik was a candidate for the chairmanship of the FCC when it was believed that position would be vacated [Closed Circuit, June 4]. Contacted last week by Broadcasting • Telecasting, Mr-. Granik said he had not been asked by the White House. He said he was (Continued on page 36) COY OKAYED Wins Confirmation MORE THAN three weeks before his current term would have expired, FCC Chairman Wayne Coy was aproved late Thursday for full seven year reappointment to serve on the Commission. Quick Senate confirmation of his nomination came at the close of upper chamber business. His reappointment becomes effective July 1, expiring June 30, 1958. Nearly as speedily, Chairman Coy's nomination was given the green light by a unanimous vote of approval by the Senate Interstate Commerce Committee, announced Wednesday after an executive session. The committee had held a oneday hearing of question-answer type on the President's nomination of Chairman Coy May 29 [Broadcasting • Telecasting, June 4]. President Truman sent Chairman Coy's nomination to the Senate May 22. Mr. Coy was confirmed for reappointment to the Commission without objection. President Truman had not specified the nominee for the chairmanship because by law, the President may select the chairman from the seven members of the Commission. Mr. Truman is expected to rename him chairman as a matter of course. Chairman Coy has served in that capacity nearly four years, succeeding Charles R. Denny Dec. 29, 1947, under a recess appointment by President Truman. He is listed as a Democrat from Indiana and will be 48 years old this November. BROADCASTING • Telecasting June 18, 1951 • Page 27