Broadcasting Telecasting (Jan-Mar 1955)

GOVERNMENT FCC INTENDS TO CALL LAMB AS WITNESS Broadcast Bureau indicates it may call others before resting its case on WICU (TV) renewal. It says request for immediate decision is premature. INTENTION of the FCC Broadcast Bureau to call Edward Lamb and "possibly several additional witnesses" before concluding its case in the license renewal hearing involving Mr. Lamb's WICU (TV) Erie, Pa., was made known by the bureau last week in its formal opposition to the plea for prompt decision made by WICU [B«T, March 7]. The petition for immediate ruling is prema ture, the bureau advised Hearing Examiner Herbert Sharfman, who has scheduled oral argument on the motion Wednesday. The Broadcast Bureau also opposed WICU's petition to FCC to delete from the renewal hearing Issue No. 2 dealing with charges by WICU that Commission personnel caused at least one bribe to be offered to obtain false testimony against Mr. Lamb. The bureau said the bribe allegation, made by WICU in its court suit last summer to stop the FCC hearing, "is false in its entirety." The bureau added, "For clearly, whether such a representation formally made in a judicial proceeding was responsibly or irresponsibly made may well have a bearing upon the qualifications of the applicant to continue to hold a broadcast authorization." In a collateral action last week, a federal grand jury in Washington indicted Mrs. Marie Natvig of Miami Beach on nine counts of perjury involving her testimony in the WICU renewal hearing. The chief charge was that Mrs. Natvig falsely accused ex-FCC attorney Walter R. Powell Jr. with coercing her to give untruthful testimony against Mr. Lamb. She made the accusation against Mr. Powell when she recanted her original testimony linking Mr. Lamb with communist activities [B«T, Feb. 14]. The grand jury also charged Mrs. Natvig with falsely testifying that she never told the Broadcast Bureau she was a member of the Communist Party in Cleveland in the mid1930s. The indictment listed six counts charging that Mrs. Natvig testified falsely about statements or matters involving Broadcast Bureau counsel and three counts alleging she testified falsely about statements to the FBI at Miami. Mrs. Natvig was expected to be arraigned Friday morning in Washington before District Court Judge David A. Pine. Mr. Powell, formerly chief of the Broadcast Bureau's Renewal and Transfer Div. and principal bureau counsel in the Lamb case, resigned from FCC in January to join the legal staff of NARTB. He presently is at home recovering from a heart attack. Mrs. Natvig was the first of two key witnesses in the WICU renewal hearing to recant. The second was ex-communist Lowell Watson, who said he testified falsely last fall when he related Mr. Lamb had given him money in the early 1930s for Communist Party causes [B«T, Feb. 28]. He claimed he had been coached, conditioned and misled by FCC counsel. His testimony also has been sent to Justice Dept. WICU Says 'No Evidence' In its petition to Examiner Sharfman for immediate decision, WICU contended the Broadcast Bureau failed to produce any evidence which would disqualify Mr. Lamb as a licensee. WICU said nothing had been disclosed which merited reply and requested that its renewal license be granted. The Broadcast Bureau opposition contended the examiner "is without authority to grant the relief sought in the pending motion." Rather, the motion should be made to FCC itself, the reply said. It pointed out that pursuant to FCC rules the Commission directed the examiner to receive evidence on specific issues and on the basis of such evidence to prepare an initial decision. "The motion before the examiner provides a substantial departure from this procedure." the reply contended. Assuming the examiner did have authority, the Broadcast Bureau continued, the WICU motion "would be premature." The reply explained that "upon careful review of the record, it is the position of counsel for the Broadcast Bureau that the present state of the record raises a substantial question respecting Issue No. 1 [whether Mr. Lamb lied when he said he never had communist ties] concerning which Mr. Lamb would appear to have personal knowledge and concerning which Mr. Lamb should be called to testify." The reply continued, "In view of this posture of the record, and in order that the ultimate decision with respect to this issue may be based upon a record containing definitive testimony by Mr. Lamb upon the matters involved, it is necessary that Mr. Lamb be called as a witness with respect to Issue No. 1. It may well be that the testimony by Mr. Lamb will serve to dispel presently outstanding questions but , r^ftlffifokW'1 MR. CIGARETTE MANUFACTURER— Just two cartons of your cigarettes sold to the homes reached by WGN alone would mean 53,092,400 packs— nearly $11,000,000 at $2.00 per carton! * WGN reaches more homes than any other advertising medium in Chicago, and our Complete Market Saturation Plan has proven it can sell your products to these homes. * Nielsen Coverage Service — Monthly Daytime Audience A Clear Channel Station Serving the Middle West MBS Chicago 1 1 Illinois 50,000 Watts 720 On Your Dial Chicago Office: 441 N. Michigan Ave., Chicago II Eastern Sales Office: 220 E. 42nd Street. New York 17. N. Y. tor New York City, Philadelphia and Boston Representative: Geo. P. Holllngbery Co. Loi Angeles — 411 W. 5th Street • New York— 500 5th Avenue . Atlanta— 223 Peachtree Street Chicago— 307 N. Michigan Avenue • San Francisco — 625 Market Street Page 76 • March 14, 1955 Broadcasting Telecasting