Broadcasting Telecasting (Jan-Mar 1955)

WEDB (TV) Birmingham. This is the 35th educational tv grant made by the Commission. The new ch. 2 facility will be linked with WEDM and WEDB. Estimated cost of construction was listed as $166,500. The ch. 2 grant specifies 100 kw visual and 60.3 kw aural with antenna height of 670 ft. above average terrain. Grant is subject to condition that no construction commence until FCC approves antenna site and structure with respect to air navigation safety. WFEA Complaint Dismissed FCC denied a complaint of newspaper firm Union Leader Corp., Manchester, N. H., requesting the FCC to institute revocation proceedings against WFEA Manchester. The Union Leader Corp. had alleged that WFEA had violated the FCC rules as to editorializing and was not operated to serve the private interests [B«T, June 21, 1954]. The FCC denial said that no adequate reasons have been advanced for revocation proceeding. DEFINE FCC RIGHT, ANPA ASKS COURT Filed in support of McClatchy Broadcasting Co. appeal against Sacramento tv ch. 10 grant, brief urges that court affirmatively rule that Commission has no authority to discriminate against newspaper applicants in granting licenses. CLEAR-CUT determination that the FCC may not "discriminate" against newspaper owners in granting broadcast licenses was asked by the American Newspaper Publishers Assn. last week. In an amicus curiae brief, filed with the U. S. Court of Appeals in Washington in the Sacramento (Calif.), ch. 10 case, ANPA ranged itself with McClatchy Broadcasting Co. in fight ing the FCC's grant of the Sacramento vh channel to Sacramento Telecasters Inc. [B»l ' Feb. 28]. The FCC last year overruled an examiner initial decision favoring the ch. 10 grant to Mc I Clatchy. It found "determinative" the fact tha I McClatchy is engaged in newspaper publishing I The McClatchy newspapers are the Sacrament I Bee, Fresno Bee and Modesto Bee. McClatch 1 also owns KFBK Sacramento, KMJ-AM-FM 1 TV Fresno, KBEE (FM) Modesto, KER1> Bakersfield and KOH Reno (Nev.). McClatch has purchased KBOX Modesto for $75,00C subject to FCC approval, and has sold KWC Stockton to its program manager and a loca physician for $75,000, the FCC approving las week. This ownership, the Commission ruled, wa counter to its diversification of the media o communications policy, and made it necessar to authorize the Sacramento channel to Sacra mento Telecasters, owned primarily by John H Schacht, president-general manager of KMOE Modesto. ANPA, representing 790 daily and Sunda; , newspapers, asked the court to strike down thi: FCC policy. It asked the court to affirmatively rule that the FCC has no authority to discrimi i nate against newspapers in owning broadcas stations. Only last month, ANPA pointed out, tht Court of Appeals ruled that the FCC could no "freeze into a binding rule" a limitation or multiple ownership. This was the decision ir the Storer Broadcasting Co. appeal against tht Commission's multiple ownership rule whicl saw the court topple the Commission's numer ical limitation rule on single ownership [B«T Feb. 28]. "Yet this is exactly what the Commission ha: done through the application of its diversifica ; tion policy," ANPA said. 'No Power' The ANPA brief, submitted by attorney Elisha Hanson, continued: "The Commission has no power under the [Communications] Act to differentiate betweer applicants for the purpose of arriving at s general policy with respect to a particular class "In announcing the diversification policy, the Commission demonstrated its confusion between public policy and public interest. In doing so, it sought to appropriate the policx making powers of Congress and to erect a policy in substitution of the one written by Congress in the Act — namely equality of righi and opportunity." Referring to the examiner and the Commission's decisions, ANPA pointed out that "Mc Clatchy was found never to have engaged in monopolistic practices; never to have evidenced monopolistic tendencies, and not to have a monopoly of media for mass communications in the area." Arguing that the FCC's decision was arbitrary and capricious and violated due process, ANPA said : ". . . the Commission's decision flowed from its policy of preferring a non-newspaper applicant to a newspaper applicant. To accomplish this result it picked and chose among facts, disregarded the overwhelming weight of evidence in favor of appellant, belittled any evidence that did not service its purpose and finally based its decision on its policy of preference. To reach the decision it reached, it had to resort to that policy. Otherwise, had ii complied with the Act, it could not have reached it." The Commission overstepped its bounds, ANPA declared, when it "attached over-riding importance to its doctrine of diversification despite the fact that the principle stated reason SUPERMARKET SALES 36 MEMPHIS SAN ANTONIO 40 PHOENIX JACKSONVILLE OMAHA Millie $57.6/ $55.5 • $54.8 *SRD Consumer Markets '54 A ^38t>n SUPERMARKET SALES Local Supermarket sales — increasing every year — show that Phoenix families eat well and live well. There is a growing demand for luxury items, as well as for basic-need groceries and allied merchandise handled in Phoenix supermarkets. This area's mushrooming population makes it a receptive market for your product. Tell YOUR sales-story the result-getting way, over KPHO and KPHO-TV — dominarwt first choices of advertisers who seek a "family" market! itn SOLD ^|0u" . recMfe^d most effectively through . . . KPHO-TV KPHO Channel 5 • CBS Basic First in Arizona since '49 Dial 910 • ABC Basic Hi Fidelity Voice of Arizona AFFILIATED WITH BETTER HOMES and GARDENS • REPRESENTED BY KATZ Page 82 • March 14, 1955 Broadcasting • Telecasting