Broadcasting Telecasting (Jan-Mar 1955)

GOVERNMENT Tampa Times' Appeals Tampa Ch. 13 Grant TAMPA TIMES last week filed an appeal with the U. S. Court of Appeals in Washington against the FCC's grant of Tampa-St. Petersburg ch. 13 to Tampa Television Co. (principally owned by Walter Tison, owner of WALT Tampa). The FCC last September issued its final decision in the ch. 13 case, finding in favor of Tampa Television. In doing this it reversed an examiner's initial decision favoring Tampa Times (WDAE). The Commission affirmed its decision last month [B*T, Jan. 31], with FCC Chairman George C. McConnaughey and Comr. John C. Doerfer dissenting. Tampa Times argued that the FCC was in error in not giving sufficient weight to the findings of the examiner in favor of its application— particularly with respect to his conclusions based on observing the "demeanor and bearing" of the witnesses. The Tampa newspaper said the Commission disregarded evidence that greater reliance could be placed on its promises, on its integration of ownership and management, its superior staff and its past broadcasting record. It also alleged that the FCC erred in holding that its newspaper background was a significant factor in favor of its opponent. The Times called attention to the fact that in the Tampa-St. Petersburg ch. 8 case the Commission held that newspaper ownership was not determinative. In this, the FCC granted ch. 8 to the Tampa Tribune (WFLA) and denied the St. Petersburg Times (WTSP). The appeal also complained that the Commission illegally permitted Mr. Tison to dismiss his initial decision, in his own name, and to substitute therefor the application of Tampa Television Co., in which Mr. Tison is a principal stockholder and general manager. Hearings among the three applicants for Tampa-St. Petersburg's ch. 13 were held between Oct. 15, 1952, and June 11, 1953. Examiner's initial decision was issued in December 1953. After oral argument, the Commission reversed the examiner last September. Tampa Times' petition for reconsideration was denied last month. The third applicant was Orange Television Broadcasting Co., owned by local department store interests. Asks Channel Swap SEEKING the lower uhf channel left "fallow" by suspended WLBR-TV Lebanon, Pa., since mid-October 1954, ch. 61 WHUM-TV Reading, Pa., petitioned FCC last week for rule-making proceeding whereby it would take over WLBRTV's ch. 15 and give the Lebanon station ch. 61 in exchange. Reallocation of multiple uhf channels in the state would be involved, the petition indicated. Pointing out its own record as "the nation's pioneer high powered uhf station," WHUM-TV explained WLBR-TV can't make up its mind whether it wants to resume operation or not. FCC Asks New Decision In WVMI-WLOX Tv Case FCC last week reopened and remanded t< hearing examiner for a new initial decision competitive hearing between WVMI WLOX Biloxi, Miss., for a new tv station ch. 13 there. An initial decision rendered last July j posed to grant the ch. 13 facility to WVMI to deny the application of WLOX [B«T, J 12, 1954]. The Commission noted that Edward Bal 1.5% stockholder of WVMI will receive 5 of the stock as security in return for lenc WVMI money for constructing the proposec station. The FCC remanded the case with structions to obtain additional information a: control of the proposed station. Among the reasons for ruling against WL last July was the admission of J. S. Love president and 44.6% stockholder of WL( that he operates a bar and maintains slot i chines in Biloxi's Hotel Buena Vista, contr to Mississippi laws. The Commission last w ordered 'that WLOX be given an opportui to show Mr. Love's reputation in the c( munity and to permit testimony concerr allegations by WLOX that Mr. Ball, who o< the nearby Edgewater Gulf Hotel, has enga in similar violations of the Mississippi la Inasmuch as former FCC Examiner Har L. Schilz, who rendered the July decision, left the Commission, another examiner conduct the additional hearings. Examiner Recommends FTC Drop Philip Morris Complai A 13-year-old Federal Trade Commission a plaint against the advertising of Philip Mo & Co., claiming its cigarettes are less irrital to the throat than other leading brands, ] recommended for dismissal last week. Examiner Earl J. Kolb said that since challenged advertising, as well as the manuf turing formula that allegedly supported the vertising claims, were discontinued he saw reason to continue the proceeding. He referred to an affidavit by O. Parker 1 Comas, Philip Morris president, that said firm no longer uses in manufacture the hyf scopic agent or moistener on which the " irritating" claim had been based. Philip Mo also has abandoned in its advertising the st; ment that Philip Morris cigarettes do not le an after taste. The complaint was first issued in Auj 1942 and resulted in a cease and desist or by the FCC in December 1952. The case < appealed to the U. S. Court of Appeals for District of Columbia and later remanded the FTC at the latter's request. The F turned it over to Examiner Kolb stating record "did not provide an adequate basis" determining "whether or not Philip Mo cigarettes are less irritating than other lead brands of cigarettes." Examiner Kolb's decision is subject to rev by the Commission. Girardian Challenges FTC Jurisdiction Over Activities THE Federal Trade Commission has no ju diction over its activities, the Girardian surance Co., Dallas, Tex., said last week answering FTC's complaint that its advei ing is false and misleading. Girardian also nies that it made deceptive statements in or to sell policies. In questioning the FTC jurisdiction, Gin Broadcasting • Telecast) Page 78 • February 28, 1955