Broadcasting Telecasting (Jan-Mar 1956)

PROGRAM SERVICES disaffiliation from BMI, the suit continues, the uses of Life Music's works totaled "at least 10%" of the uses of all musical works in the BMI catalog. When Life Music split with BMI, the complaint asserts, LM's works were deleted from the BMI repertory and LM undertook to license stations directly — first for its approximately 195 original works and subsequently including also an offer of clearance for approximately 50,000 other musical works, the latter "being for the most part in the public domain." LM continues: "The response to both these aforesaid offers was de minimis. The offerees and prospective users represented to plaintiff (Life Music) that they would perform plaintiff's musical works and compositions but were unable to do so because of the blanket license agreements they were obliged to purchase from defendants BMI, ASCAP, and SESAC; that the economic burden occasioned by the aforesaid rendered it economically impossible to purchase additional performance rights licenses." Life Music says that it offered to sell performance rights licenses to its original works to NBC and to CBS but that these network companies refused to purchase "except upon unreasonable, unjust, and wholly inadequate terms and conditions." BMI also rejected a Life Music attempt to reaffiliate, the complaint asserts. Asserting that stations spend the equivalent of about 25% of their net income on blanket license agreements with BMI, ASCAP and SESAC even though they actually use only a small percentage of the numbers in these catalogs, the complaint charges the three organizations "resort to the use of the blanket license agreements . . . for the sole purpose and with the design of dominating and controlling the available and normal channels of musical use and exploitation in the U. S., and to create, establish and perpetuate a monopoly, and to obstruct, limit and restrict trade and commerce therein." BMI, ASCAP, and SESAC "as a general operational policy" do not offer or sell peruse-per-selection licenses "and, in rare instances, where a per-program agreement is requested ... it is tendered by said defendants on onerous terms . . . and at economically prohibitive rates," the suit charges. Life Music claims that, while affiliated with BMI, it entered into independent agreements with some 600 radio stations, all licensees of BMI, and that the logging reports furnished by these stations regarding uses of LM music "indicated a gross inaccuracy in the logging reports which defendant BMI employed as a basis for its payment of compensation to plaintiff." FOR THE RECORD Station Authorizations, Applications (As Compiled by B • T) January 5 through January 1 1 Includes data on new stations, changes in existing stations, ownership changes, hearing cases, rules & standards changes and routine roundup. Abbreviations: Cp — construction permit. DA — directional antenna. ERP — effective radiated power. vhf — very high frequency, uhf — ultra high frequency, ant/ — antenna, aur. — aural, vis. — visual, kw — kilowatts, w — watts, mc — megacycles. D — day. N — night. LS — local sunset, mod. — modification, trans. — transmitter, unl. — unlimited hours, kc — kilocycles. SCA — subsidiary communications authorization. SSA — special service authorization. STA — special temporary authorization. Am and Fm Summary Through Jan. 1 1 On Air Am 2,814 Fm 536 Licensed 2,809 526 Licensed (all on air) Cps on air Cps not on air Total on air Total authorized Applications in hearing New Station requests New station bids in hearing Facilities change requests Total applications pending Licenses deleted in Dec. Cps deleted in Dec. Appls. In Pend Hear Cps ing ing 207 228 152 52 18 1 on A uthorizations 31, 1955* Am Fm Tv 2,804 521 147 20 19 335 111 17 108 2,824 540 482 2,935 557 590 152 1 166 217 4 28 97 Oi 112 140 5 41 750 80 289 0 0 0 2 0 0 Tv Summary Through Jan. 11 Total Operating Stations in U. S.: Commercial on air Noncom. Educ. on air Vhf 342 13 Uhf Total 100 442 5 18 Grants since July II, 7952; (When FCC began processing application! after tv freeze) Vhf Uhf Total Commercial 298 310 60S1 Noncom. Educational 19 17 36* Applications filed since April 14, 7952: (When FCC ended Sept 28, 1948-April 14, 1952 freeze on tv processing) New Amend. Vhf Uhf Total Commercial 966 337 780 543 1,303» Noncom. Educ. 59 32 27 • Based on official FCC monthly reports. These are not always exactly current since the FCC must await formal notifications of stations going on the air, ceasing operations, surrendering licenses or grants, etc. These figures do not Include noncommercial, educational fm and tv stations. For current status of am and fm stations see "Am and Fm Summary," above, and for tv stations see "Tv Summary," next column. Total 1,025 337 792 570 1,362» 1 161 Cps (32 vhf, 129 uhf) have been deleted. 2 One educational uhf has been deleted, s One applicant did not specify channel. 4 Includes 34 already granted. 5 Includes 642 already granted. FCC ANNOUNCEMENTS New Tv Stations . . . ACTION BY FCC Bishop, Calif. — Inyo Bcstg. Co. application for new tv station returned to applicant for nonconformance with rules re proposed frequency assignment. Action of Jan. 10. APPLICATION Elmira, N. Y. — Elmira Star-Gazette Inc., vhf ch. 9 (186-192 mc); ERP 316 kw vis., 189.5 kw aur.; ant. height above average terrain 1,000 ft., above ground 515 ft. Estimated construction cost $501,850, first year operating cost $480,000, revenue $635,000. Post office address 201 Baldwin St., Elmira. Studio location Elmira. Trans, location Southport. N. Y. Geographic coordinates 42° 00' 26" N. Lat., 76° 49' 18" W. Long. Trans, and ant. RCA. Legal counsel Dow, Lohnes & Albertson, Washington. Consulting engineer Richard K. Blackburn, Rochester, N. Y. Elmira Star-Gazette is owned by Gannett Co. which owns WHECAM-TV Rochester, N. Y., WENY Elmira, WDANAM-TV Danville, 111., and WHDL-AM-FM Olean, N. Y. Gannett Co. owns or controls 17 newspapers. Filed Jan. 9. APPLICATIONS AMENDED Coos Bay, Ore. — KOOS Inc. amends application for new tv station to change officers and directors, stock and stockholders and studio location to northwest corner of 3rd and Commercial Sts., Coos Bay. Amended Jan. 9. Coos Bay, Ore. — Pacific Television Inc. amends application to correct coordinates and change studio location to "none proposed." Amended Jan. 9. Lead, S. D.— Black Hills Bcstg. Co. of Rapid City amends application for new tv to furnish additional financial data, to show change in construction cost, programming, hours of operation, furnish amended articles of incorporation, change ERP to 9.5 kw vis., 4.75 kw aur., change studio location to trans, site at Terry Peak, Lead, and request waiver of sec. 3.613 of FCC rules, change ant. height above average terrain to 1,607 ft. and make equipment changes. Amended Jan. 9. Port Arthur, Tex. — Jefferson Amusement Co. application for new tv amended to change officers, directors, stockholders, programming, hours of operation, construction and financing, change description of trans, location (not move), change studio location from 2912-30 17th St., Port Arthur, to 17th and Woodworth Blvd., Port Arthur, change trans, and ant. system and other equipment and ant. height above average terrain from 682 ft. to 702 ft. Amended Jan. 6. Existing Tv Stations . . . APPLICATIONS WBZ-TV Boston, Mass. — Seeks cp to change ERP to 56.24 kw vis., 28.12 kw aur., change trans, location to 101 St. Mary St., Needham, Mass., and make equipment changes. Filed Jan. 9. WROW-TV Albany, N. Y.— Seeks mod. of cp (which authorized new tv station) to change ERP to 515 kw vis., 256 kw aur. and make equipment changes. Filed Jan. 6. WTVE (TV) Elmira, N. Y.— Seeks mod. of cp to change to ch. 9, change ERP to 190.5 kw vis., 95.5 kw aur. and make equipment changes. Ant. height above average terrain 1,168 ft. Filed Jan. 10. WKBT (TV) La Crosse, Wis.— Seeks cp to change ERP to 250 kw vis., 125 kw aur. and make equipment changes. Ant. height above average terrain 808 ft. Filed Jan. 6. PETITION Albert J. Balusek — Petitions FCC to amend rules so that sec. 3.630 will read: "All tv station NEGOTIATOR FOR THE PURCHASE AND SALE OF RADIO AND TELEVISION STATIONS Page 96 • January 16, 1956 Broadcasting • Telecasting