Broadcasting Telecasting (Jul-Sep 1954)

GOVERNMENT FCC Anti-Red Rule Draws Mixed Comment Measure will bar from licenses communists or those 'not of good moral character.' MIXED reaction was evidenced last week in the handful of comments filed on FCC's notices on proposed rule making to declare ineligible for commercial and amateur operator licenses anyone who is a communist or "not of good moral character" [B«T, June 21, 14]. The proposals represent an effort by the Commission to tighten communication security in cooperation with Sen. Alexander Wiley (R-Wis.), chairman of the Senate Foreign Relations Committee and its subcommittee on espionage, sabotage and subversion. Involving modification of Parts 12 and 13 of the Commission rules, the proposed changes would make ineligible to hold a license "any person who is a member of the Communist Party or any organization which has been required to register as a Communist-action or Communist-front organization under provisions of the Internal Security Act of 1950, or any organization which advocates or teaches the overthrow of the U. S. Government or the government of any political subdivision thereof by force or violence." FCC also would license only those of "good moral character" and would not license any person convicted of a felony. Support for the proposals was indicated by National Assn. of Broadcast Engineers & Technicians (CIO), Cecil E. Smith, manager-chief TN the only two cases which have been decided X by the U. S. Court of Appeals in the last 18 months involving the right of the FCC to deny petitions or protests without a hearing — the Commission has had its knuckles rapped. The appellate court ruled in both the Zenith and Camden, Ark., cases that the Commission must give protestants a hearing if there is any possible chance they might be hurt — or, the court implied, the FCC must give much more serious consideration to the reasons for turning down such requests than it has in the past. In the Zenith case — involving ch. 2 in Chicago— the FCC dismissed that company's application on the ground it had not participated in the allocation proceeding or in the renewal and transfer hearings regarding the then WBKB (TV) on ch. 4. Zenith appealed to the court, based its case on the law which forbids the Commission to deny an application without a hearing. The court held that Zenith was right. Zenith is now engaged in a hearing with CBS (whose WBBM-TV is operating on ch. 2 in Chicago) for that frequency. The court refused to give Zenith a stay against WBBM-TV's move from ch. 4 to ch. 2, but permitted CBS to move its Chicago tv outlet to the lower channel temporarily pending the outcome of the Zenith litigation. In the Camden, Ark., case, the Commission had granted the sale of KPLN in that city and denied a protest by KAMD, also operating in that city. KAMD appealed, and the court in a decision two weeks ago said it was obvious that both stations were competitive and that KAMD engineer of KUOA Siloam Springs, Ark., RCA Communications Inc., Lake Carriers Assn., American Merchant Marine Institute and a number of amateurs and "ham" clubs. Other amateurs, however, questioned the proposals in part or in whole. Friends Committee on National Legislation (Quaker group) urged FCC not to adopt the rules without a full scale hearing as the rules may constitute a "stringent and unnecessary curb on the freedom of expression." Conference of American Maritime Unions noted extensive security provisions already are in force bv other agencies covering seamen and urged withdrawal of the proposals or an order for public hearing. American Communication Assn. attacked the proposals as applying for the first time a "political test" to the 800,009 persons who hold licenses. ACA contended "serious questions of statutory and constitutional authority are raised." American Civil Liberties Union pointed out the "lovalty oath" would not deter espionage agents from using radio facilities and "the minimal contributions the oath would make to security must be weighed along with its infringements on civil liberties." The risks to civil liberties are so great, ACLU said, that the proposals should not be adopted. Pacifica Foundation, operator of KPFA (FM) Berkeley, Calif., "the listener sponsored station," rejected the proposals as "unconstitutional an:! an unwarranted extension of regulatory power." KPFA held the proposals violate the Communications Act's ban on FCC's power to censor or interfere with free speech in radio. Pointin?; to the fact that in America "the right to control one's own business and prop had claimed economic injury which "was sufficient to identify it as a party in interest." A hearing on KAMD's protest is required, the court said. IN the only other case, which has moved through the court, the Commission itself backed out of defeating its position in turning down a protest. WGRD Grand Rapids protested the grant of Muskegon, Mich., ch. 35 to WTVM (TV). After the Commission denied its protest, WGRD appealed and asked for a stay. The stay was denied, but immediately thereafter, after the Justice Department refused to accept the Commission's reasoning that WGRD was not a party in interest, the Commission asked the court to remand the case for a hearing. In seeking a stay order from the courts, appellants must convince the judges that they will suffer real harm if the action they are contesting is allowed to go into effect immediately, that the public will not suffer if a stay is granted, and that there is a good possibility they may win their case. Although the granting of a stay does not indicate the outcome of the final decision on a case, it does mean that there may be some merit to it. Therefore, the court's actions in requests for stays might be considered a straw in the wind. In the St. Louis ch. 11 case, KSTM-TV, an existing uhf station on ch. 36 in that market, applied for that vhf wavelength. The Commission refused to accept the application on the ground that it could not file for a new facility in the same city in which it held a grant. The court granted the request for a stay, but gave the FCC alternatives which permitted the ch. 1 1 erty and the right to hold one's own religious and political opinions" have always been fundamental, KPFA concluded that "subject to the professional and technical standards of the Commission, Pacifica Foundation . . . stands by its right to select and employ engineers and operators of its own choice, based solely on their professional competence, and not subject to discriminatory and irrelevant tests of opinion." First Tall Tower Report To Be Submitted Aug. 16 DRAFT of a report recommending the improvement of existing tall tower lighting and marking standards, now being written by a subcommittee of the special study group of the Washington Air Coordinating Committee [B«T, July 5], will be submitted to the members of the working committee Aug. 16, it was learned last week. If approved then, it was explained, the report will be submitted to members and associate members of the full committee Aug. 23. The report, which is considered as winding up the first phase of the study, is based on consideration of the hazards to air navigation of tall towers, particularly tv structures, and supporting guy wires. It calls for the working group to take up methods of improving present lighting and marking standards, including means of identifying guy wires. At a public hearing last month, only two witnesses appeared, both seeking more stringent standards for tall structures. These were Frank B. Brady, representing the Air Transport Assn., and Col. A. B. McMullen, National Assn. of State Aviation Officials. hearing to commence with one of the issues the right of KSTM-TV to have its application accepted. In the Spartanburg, S. C, case, the Commission granted WSPA-TV on ch. 7 there the right to move its transmitter location to a site nearer Greenville, S. C. The first authorization was temporary. This was protested by uhf stations WAIM-TV Anderson, S. C, and WGVL (TV) Greenville. The court granted the stay. The Commission then granted the Spartanburg station a permanent modification of its CP to locate its transmitter near Greenville. Again the uhf stations protested, and again the court granted the stay. ON the other hand, and just to ensure that nobody gets any idea that any and all requests for stays will be granted, the court has denied stays to (1) ch. 54 WTVI (TV) Belleville, 111. (St. Louis) whose application to change to ch. 4 was refused by the Commission on the ground that it was filed after the 30-day "umbrella" provision; (2) to uhf WCAN-TV Milwaukee against the Commission's allocation of ch. 6 to Whitefish Bay, Wis.; (3) to KOA Denver which is battling the FCC's grant of frequency change and power boost to KOAT Albuquerque, and (4) to WSAY Rochester, N. Y., which sought an impounding of profits of share time tv stations WHEC-TV and WVET-TV in that city. The 30-day rule is an FCC regulation which prohibits the filing of a competing application less than 30 days before the hearing begins. It is designed to serve as a cutoff date so that applicants can go to hearing with certain knowl ' edge of who their competitors are. This "umbrella" was extended to 60 days in the Commission's new hearing procedures issued two weeks ago [B*T, July 19]. Hearing Rights Safeguarded by Appellate Court Page 54 • July 26, 1954 Broadcasting • Telecasting