Broadcasting Telecasting (Jul-Sep 1954)

Tv Veterans to Testify TWO of the main causes of all the furor about congressional committee procedures— Sen. Joseph R. McCarthy (RWis.), chairman, and Roy M. Cohn, recently resigned chief counsel of the Senate Permanent Investigations Subcommittee— will take their turn before the Jenner Rules subcommittee tomorrow (Tuesday). It was largely the tactics of the Senator and his aide during McCarthy Subcommittee hearings which stirred to a boiling point in Congress such questions as radio-tv coverage, protection of witnesses and the number of committee members who must be present at a committee hearing. Operations Committee on radio and tv be changed. The Michigan Republican, a member of the subcommittee, cited his July 16 letter to Rep. Riehlman in which he suggested the changes which were made by that committee Thursday allowing a subcommittee majority to control radio-tv coverage of hearings. Rep. Meader's letter was placed both in the record of the Jenner Subcommittee hearing and that of the House. House Government Operations Committee Chairman Clare E. Hoffman (R-Mich.), during discussion on the House floor, said he agreed with his Michigan colleague that television will expose the "ham" as well as promote good qualities, so that "in the end," radio-tv gives an "accurate picture of just exactly what is going on." Rep. Kenneth B. Keating (R-N. Y.), in testimony Wednesday before the Jenner Senate group, said he felt witnesses should not be required against their will to testify in front of cameras and microphones. Rep. Keating is chairman of a special House Judiciary Subcommittee investigating the Justice Dept. The subject of televising and broadcasting all congressional activities was discussed July 18 by three Washington, D. C, attorneys in a forum program on WWDC Washington, Ellsworth on Coverage RADIO AND TV ought not be permitted to cover sessions of Congress. They should be welcome at committee hearings if individual committee chairmen beckon, but a witness should not be subjected to camera and microphone if he objects. This is what Rep. Harris Ellsworth (R-Ore.) told B«T after taking an independent look at committee procedures. Rep. Ellsworth, a member of the House Rules Committee, returned about two weeks ago from a trip to England and West Germany. While in England, he visited the Parliament, primarily with an eye to how investigations are conducted there. Asked by B*T to comment how the British feel about radio-tv access to legislative proceedings, the Congressman noted broadcasts of chamber or committee proceedings in Britain "just are not done." Rep. Ellsworth is a broadcaster-publisher with interests in KRNR Roseburg, KFLW Klamath Falls and KYJC Medford, all in Oregon. under auspices of the Junior Bar Conference of the D. C. Bar Assn. John B. Kenkel of the law firm of Miller & Schroeder said broadcasters and telecasters are not asking Congress to stage "a dramatic presentation," but are asking only to be admitted on the same basis as other media "to promote an informed citizenry and give the public a true picture of Congress at work." He said costs would preclude extensive coverage unless sponsorship is permitted, adding his belief that the integrity and responsibility of broadcasters could be depended on in controlling the commercial content of such programs and that the dignity of proceedings would not be affected. John E. Hartshorn, of Cummings, Stanley, Truitt & Cross, took the opposing view. He said the melodramatic atmosphere some feel has been present at televised proceedings in the past may be strong enough to weigh against the admitted interest and widened attention gained by television. He said he opposed commercial sponsorship. Attorney Robert J. Annis, who was moderator, explained the problem is not limited to investigating committee hearings but includes the entire legislative process. Lamb Hearing Postponed By FCC Examiner Case is delayed until Sept. 15 as the Senate Interstate & Foreign Commerce Committee indicates Ohio broadcaster is entitled to a 'bill of particulars' on FCC charges. THE SENATE Interstate & Foreign Commerce Committee stepped into the fringes of the Edward Lamb controversy before the FCC last week and sent the Commission a letter which indicated that members of the Senate group are "unanimous" in feeling Mr. Lamb is entitled to a "bill of particulars" on the FCC charges [Closed Circuit, July 19, 5]. The FCC case, originally set for July 28, has been postponed to Sept. 15, at the request of Mr. Lamb's counsel. FCC ordered hearing on the license renewal of Mr. Lamb's WICU (TV) Erie, Pa., to determine if Mr. Lamb earlier made false representations to the Commission that he never had communist associations, which he continues firmly to deny. Mr. Lamb appeared before the Senate committee to protest the confirmation of Comr. John C. Doerfer for another term on the FCC on the ground Mr. Doerfer was the "key" to Mr. Lamb's problems. Mr. Doerfer denied the allegations and was unanimously confirmed [B»T, July 5, June 28]. Signed by Chairman John W. Bricker, the Senate committee letter noted Mr. Lamb testified he did not expect the Commission to grant him a bill of particulars in advance of the WICU hearing originally scheduled to begin this Wednesday. The letter continued: This Committee does not hear appeals from the FCC nor does it try, in advance, to tell it what to do. Nevertheless, the Committee members are unanimous in feeling that counsel for WICU is entitled to receive reasonably in advance of July 28, the equivalent of a "bill of particulars," specifying the charges to be presented and naming the witnesses to be called. The Committee anticipates that the Commission's action will be in harmony with this view. FCC Examiner Herbert Sharfman, designated by the Commission to preside over the WICU renewal hearing, on Tuesday granted postponement of the case until Sept. 15. The delay will permit handling of procedural and other preliminary arguments, as well as allow time for FCC to consider issuance of a bill of particulars as a result of the Bricker letter. A few days earlier, the U. S. Court of Appeals in Washington turned down Mr. Lamb in his request that the temporary stay against the Commission holding a hearing on the communist charge be continued until a court decision on his appeal. Mr. Lamb appealed from Federal Judge Edward A. Tamm's denial of his request for an injunction to prohibit the FCC from holding its hearing [B*T, July 19, June 21]. Judge Tamm, however, issued a temporary stay against the FCC until Mr. Lamb "perfected" his appeal. This was done two weeks ago when he filed the required papers in the Appeals Court. Kennedy Bill Would Exempt Radio-Tv From Lobbying Act THE FEDERAL Lobbying Act would be rewritten with radio-tv exempted from its provisions in the same manner that newspapers and other publications are free from registration penalties under a bill (S 3775) introduced by Sen. John F. Kennedy (D-Mass.). Sen. Kennedy offered his measure last Monday. The Lobbying Act as written now is not | specific about radio-tv although there is little chance that radio-tv operators would be held to be "lobbying" because of opinion on Congressional measures expressed on the air. The section proposed by Sen. Kennedy: Registration would not apply to "a newspaper, a regularly published periodical or a radio or television station (including an owner, editor, publisher or employe thereof) which in the ordinary course of business publishes, broadcasts or telecasts news items, editorials or other comments, or paid advertisements, which urge the passage or defeat of any legislation, if it, its owner, publisher, editor or employe, engages in no activities in connection with the passage or defeat of such legislation other than appearing before a committee of either House of Congress or any joint committee thereof. . . ." The bill was referred to the Senate Judiciary Committee. Sen. Kennedy admitted the bill had little chance during this fast-ending session of Congress but said he was offering the bill now to permit study and possible action next year. Bills to Protect FBI Name LEGISLATION has been introduced in both Houses of Congress to protect the name of the Federal Bureau of Investigation from commercial exploitation by broadcasts, telecasts, motion pictures, plays and the like. Sen. Pat McCarran (D-Nev.) last week introduced his S 3769 and Rep. Chauncey W. Reed (R-Ul.) on July 15 his HR 9921 to that effect. Both proposals, to amend Sec. 709 of Title 18 of the U. S. Code, have been referred to each chamber's respective judiciary committee. FCC Revises Forms REVISION of application forms for use in the experimental tv, international, experimental facsimile and developmental broadcast services were announced last week by FCC, effective Sept. 1. Forms 309, 310 and 311 are simplified, FCC said, while Forms 312 and 318 are deleted. Page 52 • July 26, 1954 Broadcasting • Telecasting