Broadcasting Telecasting (Jan-Mar 1955)

GOVERNMENT INVESTIGATION OF NETWORKS, UHF-VHF WILL CONTINUE UNDER 84TH CONGRESS Congressional investigation that was started during 83rd Congress will be carried on by Senate Commerce Committee under Magnuson. Report is awaited from Jones, majority counsel under original Bricker probe. It is expected to criticize the tv allocation system that broke the tv freeze, which he voted against as FCC commissioner. THE CONGRESSIONAL investigation of networks and uhf-vhf problems — initiated during the 83d Congress by the Senate Commerce Committee under a GOP regime — will continue in the 84th, but apparently without benefit of the probe's present Democratic and Republican counsel. This was indicated last week after Sen. Warren G. Magnuson (D-Wash.), new chairman of the committee, notified both Harry M. Plotkin, Democratic counsel, and Robert F. Jones, GOP counsel, that funds for the current phase of the investigation no longer will be available after Jan. 31. Neither Mr. Plotkin nor Mr. Jones have committed themselves officially concerning whether they will continue as majority and minority counsel, respectively, for the investigation. At the same time. Sen. Magnuson's office last week reiterated that the investigation — described as a "study" — will be continued by the full committee. Sen. Magnuson already has asked for funds to continue the committee's investigative work in several fields, including communications [B»T, Jan. 10]. The letters sent out by Chairman Magnuson notified Messrs. Plotkin and Jones and the clerical staff for the investigation, all considered as temporary personnel being paid under a Senate resolution authorizing funds for the special investigations for the period Feb. 1, 1954, to Jan. 31, 1955. that funds no longer would be available after that date. Although the notices were sent as a matter of form, they were interpreted to mean that the committee would consider itself free to engage other counsel and clerical help beginning Feb. 1 . Nicholas Zapple, communications counsel on the committee's professional staff, was not affected by the notices, which apply only to temporary personnel engaged for the investigation. Mr. Zapple has been coordinating the investigation staff's work. Mr. Plotkin, former assistant general counsel of the FCC and partner in the Washington law firm of Arnold, Fortas & Porter, has been working on the investigation as minority counsel while Sen. John W. Bricker (R-Ohio), who initiated the probe, was chairman of the Senate Commerce Committee under the Republicans. He was named to the post at the request of former Sen. Edwin C. Johnson (D-Colo.), then ranking committee Democrat. His formal report to the committee a fortnight ago [B»T, Jan. 10] was made to Sen. Magnuson. Mr. Plotkin's report and recommendations were expected to be adopted — at least in part — as the committee's majority report. Mr. Plotkin, it was understood, recommended that the investigation not be discontinued, but that the committee, before going ahead with the investigation, first determine if the FCC and the Justice Dept. are exercising their full authority in solving uhf-vhf network affiliation and other difficulties. Although it was not believed Mr. Plotkin will stay with the investigation staff, it was felt he will remain for a short time to complete his ' ork in the investigation — perhaps even after Jan. 31. Mr. Jones presumably will return to the Washington law firm, Scharfeld, Jones and Baron, in which he is a partner. Although it was believed Mr. Jones, if he desires, could continue as minority counsel if such a request is put to the committee by Sen. Bricker, the group's ranking Republican, it is not felt that he wishes to stay as minority counsel. He headed the probe as majority counsel under Sen. Bricker's chairmanship of the committee. Mr. Jones late last week still had not submitted his report on the probe which began last summer. He was not available for comment regarding when his report will go to Sen. Bricker. Mr. Jones' report is expected to be in large part a criticism of the FCC's Sixth Report & Order of April 14, 1952, allocating a nationwide tv system and breaking a four-year freeze on tv channel grants. A former Ohio congressman and FCC commissioner, Mr. Jones was one of two dissenting members of the FCC when that body issued the 1952 document. In his dissent he charged that the allocations plan favored vhf stations in large markets to the detriment of small market outlets. Since the investigation, when it was begun, was expected to be finished under Republican control of the Senate, Mr. Jones' report presumably also will go into matters in which he intended to probe until his power was cut short by the Nov. 2 Democratic election victories The last part of December saw an extraordinar . spurt in the pace of the investigation under the prodding of Mr. Jones. The investigation staff had mailed questionnaires to the FCC and the tv networks before the elections. At Mr. Jones' prompting, a supplemental questionnaire was sent last month to the FCC asking for individual financial data on tv outlets — information the FCC was reluctant to supply because the data was secured on a confidential basis [B«T, Dec. 27. 1954]. Another questionnaire went to AT&T asking about coaxial cable and microwave rela\ charges. The tv network query had asked about station affiliation details and policies and the original FCC questionnaire had asked among other things for station coverage data, the latter necessitating an FCC canvass of licensees. Meanwhile, a spokesman for Sen. Magnuson said last week that the Senate Commerce Committee chairman will confer personally with Sen. HarleyM. Kilgore (D-W. Va.) who as chairman of the Senate Judiciary Committee will investigate what he has described as "monopoly practices" in the communications field (see story, page 80). Although the two Democratic committee chairmen apparently have not discussed the details with each other, it is known that through their representatives they have roughed out. fields in which each committee will investigate to prevent overlap or duplication [Closed Circuit, Jan. 3]. Democrats Add 4 Senators to I FCC Committee Sen. John O. Pastore to be chairman of Communications Subcommittee. FOUR new Democratic members were added last week to the Senate Interstate & Foreign Commerce Committee, giving the group a Democratic majority of 8-7. The committee membership of seven Republicans remains unchanged. New Democratic members of the 15-man committee, which has jurisdiction over most matters in the broadcasting industry, are: Sens. Price Daniel (Tex.), Samuel J. Ervin Jr. (N. C), Alan Bible (Nev.) and Strom Thurmond (S. C). Meanwhile, it was made definite last week that the chairmanship of the Commerce Committee's Communications Subcommittee will go to Sen. John O. Pastore (D-R. I.), second ranking Democrat to Chairman Warren G. Magnuson (D-Wash.). The current network investigation, however, will continue under the full committee (see story, this page). The committee holds its organizational meeting at 3 p.m. today (Monday) and it is expected that Sen. Magnuson will confer with Sen. Pastore and others, including Sen. John W. Bricker (R-Ohio), former chairman and ranking Republican, on preferences and interests of Senators for subcommitee assignments. Sen. Daniel, first elected to the Senate in 1952, changes his membership on the Senate SEN. THURMOND SEN. DANIEL SEN. PASTORE Interior & Insular Affairs and Post Office & Civil Service committees, for spots on the Commerce and Judiciary committees. Sen. Ervin was appointed June 11, 1954, to serve the unexpired term of the late Clyde R. Hoey (D-N. C). and was elected to fill the unexpired term (which ends Jan. 3, 1957) last Nov. 2. He also will serve on the Senate Armed Services and Government Operations committees. Sen. Bible, elected last Nov. 2 to serve the unexpired term of the late Pat McCarran Page 78 January 17, 1955 Broadcasting Telecasting