Broadcasting Telecasting (Jul-Sep 1953)

. GOVERNMENT BROADCAST BUREAU HITS TAMPA BID FCC's Broadcast Bureau and the two unsuccessful applicants for vhf Ch. 8 in Tampa-St. Petersburg say the hearing examiner's reasons for selecting WFLA as the best applicant for the channel were unsound. STIFF exceptions to the examiner's initial decision favoring WFI^A-Tampa Tribune for Tampa-St. Petersburg's vhf Ch. 8 [B»T, July 20] were filed last week by competing applicants WTSP-5f. Petersburg Times (Nelson Poynter) and Tampa Bay Area Telecasting Corp. and the Broadcast Bureau of FCC. At issue by all three of the objecting parties were the reasons given by FCC Hearing Examiner Basil P. Cooper for proposing to grant the WFLA application and to deny the other two applications. All ask for oral argument. WTSP termed the examiner's conclusions as having been determined by "undue weight and importance ... to minor factors [while] accepted and long-standing precedents of the Commission [were] ignored." Tampa Bay declared that "the foots were found by the Examiner (or not found) in such a manner as to justify a denial of the application of Tampa Bay through a preference for the Tribune Co., and not on an impartial, objective basis. ; . ." The Broadcast Bureau objected to the initial decision "because the grounds of preference therein are based on insubstantial, immaterial and unsupported differences among the applicants." WTSP's exception also chided the examiner for not finding that WFLA is controlled by "absentee" owners, and has no strong "integration" of local ownership with management. Tampa Bay stressed that one of the points the examiner should have found in its favor was that the other two applicants were owned by newspapers and owned radio stations, while it has no connection with any newspaper. Broadcast Bureau called attention to the alleged failure of the examiner to consider the question of absentee ownership versus local ownership and integration, and also to diversification of ownership. WFLA is 52% owned by David Tennant Bryan, John Stewart Bryan Jr. and other members of the Bryan family, 31% owned by James A. Griffin Jr. and family, and 10% by Tampa residents and 7% by non-Tampa residents. The Bryans live in Richmond, Va., where they own WRNL-Richmorid Times-Dispatch and News Leader, and in New York. The Griffins live in Chicago. Nelson Poynter and his wife own WTSP. Mr. Poynter has given his employes an option to purchase stock in the corporation which would reduce his control to 60%, with E. Joseph Kelly having 10%, and other employes up to 2% stock ownership. Tampa Bay stockholders include a group of New York advertising and radio-TV men and a group of Tampa-St. Petersburg residents. Among them are Robert A. James, Tampa businessman; Hal James, vice president in charge of radio-TV of the Ellington Co., New York agency; John Trevor Adams Jr., former manager of WJZ-TV (now WABC-TV) New York; Harry W. Bennett Jr., Sherman & Marquette vice president; John S. Houseknecht, William Esty & Co., TV executive, and Robert W. Evans, business associate of Robert A. James in Tampa. WKMI-TV Returns CP to FCC; TV Permits Dropped Total 11 WITH return by WKMI-TV Kalamazoo, Mich., to FCC last week of its construction permit for uhf Ch. 36, a total of 11 post-thaw TV grantees have given up their authorizations, chiefly for economic reasons. WKMI-TV surrendered its CP after the Commission questioned its delay in construction (see story page 58). The other permittees to give up their grants were: KGKL-TV San Angelo, Tex., vhf Ch. 3; WTVS (TV) Gadsden, Ala., uhf Ch. 21; KTVA (TV) Austin, Tex., uhf Ch. 24; KMID-TV Midland, Tex., vhf Ch. 2, Permian Basin TV Co. (Ch. 2 subsequently has been reauthorized to Midessa TV Co. under same call); WROVTV Roanoke, Va., uhf Ch. 27 (the only operating grantee to drop out); KRIO-TV McAllen, Tex., uhf Ch. 20; KCTV (TV) Austin. Tex., uhf Ch. 18; WHHH-TV Warren, Ohio, uhf Ch. 67; WWOD-TV Lynchburg. Va., uhf 16; KTVW (TV) Wichita Falls, Tex., uhf Ch. 22. KWEM West Memphis, Ark., which holds permit for move to Memphis, Tenn., fortnight ago dismissed its application for uhf Ch. 46 at Memphis. It was incorrectly reported that the applicant had returned a permit for uhf Ch. 46 [B*T, Aug. 10]. KWEM gave up its application because it was unable to find a site where both AM and TV could be accommodated and it did not wish to delay its AM change. Meanwhile, another TV applicant has withdrawn. KWSO Wasco, Calif., last week dismissed its application for uhf Ch. 33, the only TV bid pending there. Yorty Publicity 'Astounds' Republican Spokesman A REPUBLICAN National Committee spokesman last week said he was "astounded" by the publicity afl'orded to charges leveled by Rep. Samuel W. Yorty (D-Calif.) a fortnight ago. Rep. Yorty produced a TV script he said was being ofl'ered to stations which he characterized as "selling a bill of goods" to the American public on administration-favored Air Force cuts [B»T, Aug. 10]. The GOP spokesman said there was no secret about the making of TV films for congressmen to dub in their own comments. He said the Republicans "have been making them right along." Rep. Yorty said the Democrats ought to demand equal time from TV stations using the films. The Republican committee spokesman, however, said he doubted the seriousness of this demand because, he asked, "What is political?" Rather, he said, such films are carried as public service. Hearing Set on WNDR APPLICATION of WNDR-AM-FM Syracuse, N. Y., for renewal of license has been scheduled by the FCC for hearing Sept. 9 in Syracuse, to determine the circumstances surrounding the discontinuance of FM operation and possible illegal transfer of control. ZENITH SAYS FCC IN 'SHELL GAME' Brief filed with U.S. Court of Appeals in Washington by Zenith Radio Corp. claims FCC | erred in ruling Zenith waived \ its rights to a comparative : hearing on Chicago Ch. 2 FCC is practicing "a shell game" regardin Zenith Radio Corp.'s application for TV Ch. in Chicago, the Chicago radio-TV manufai turer said last week in a brief filed with th U. S. Court of Appeals in Washington. Like the old carnival pitchman, the Commi' sion has switched the pea under the shells an claimed that Zenith has lost the game, th Zenith brief averred. Failed to Take Part The brief was filed in connection wit Zenith's appeal from an FCC ruling that Zenit had waived its right to a comparative hearin on Ch. 2 Chicago because it failed to participat in the allocations proceedings and in the WBKI (TV) Chicago renewal hearings (part of th Paramount proceedings). Zenith filed an application for Ch. 2 in 194JBecause the final allocation order deleted Ch. from Chicago, the Commission ordered WBKI (now WBBM-TV) to move from that frequenc to Ch. 2. At the same time the Commissic by a 4 to 3 vote dismissed Zenith's applicatioi [B»T, April 14, et seq.]. Premise of Zenith's argument is that tb Commission erred in finding that Zenith waivci its rights to a comparative hearing. The brie relates the various moves Zenith made to pro tect its position. It also refers to the Lancastei (Pa.) case, in which the Commission grantee WLAN Lancaster a comparative hearing wit! WGAL-TV, an existing station which also wa: forced to move from Ch. 4 to 8. WLAN's Claim WLAN claimed its pending application foii Ch. 8 required the Commission to give it a comparative hearing. Pending the hearing, the FCC gave WGAL-TV temporary authority tc operate on Ch. 8. This was fought by WLAN, as prejudicial to its hearing status, but two weeks ago the Court of Appeals upheld the : Commission's action as the only "practical solution" to the problem of maintaining existing service [B*T, Aug. 10]. Zenith also fought the FCC's grant for WBBM-TV to move from Ch. 4 to 2 temporarily pending the outcome of the court appeal on the Zenith application dismissal. The court ruled that the Commission had acted in the , best interests of all concerned [B*T, July 13]. ; Briefs by the FCC and CBS (which owns| WBBM-TV) are due Sept. 11. i WEOK-TV Extension WEOK-TV Poughkeepsie, N. Y., uhf Ch. 21 grantee authorized last November, has beau advised by FCC that its application for extension of completion date "cannot be granted at this time on the basis of current information.'" Mid-Hudson Broadcasters Inc., permittee, has estimated that the station will begin operation in December of this year. Page 68 • August 17, 1953 Broadcasting • Telecasting