Broadcasting Telecasting (Jan-Mar 1956)

House Antimonopoly Unit Asks Testimony on NCAA REP. PATRICK J. HILLINGS (R-Calif.), who has asked for an investigation of possible monopoly in the National Collegiate Athletic Assn.'s control over televised college football, said last week he has been requested to give his views on the subject before the House Antimonopoly Subcommittee. Rep. Hillings said he has been asked to appear by Rep. Emanuel Celler (D-N. Y.), chairman of the parent House Judiciary Committee and the subcommittee, and by the ranking Republican on the subcommittee, Rep. Kenneth Keating (R-N. Y.). Rep. Hillings is a member of the Judiciary Committee, but not of the subcommittee. The California congressman had asked for the probe in a letter to Rep. Celler. The subcommittee plans to hold exploratory hearings perhaps next month on a number of allegations of monopoly within industries regulated by federal agencies, among them the FCC. Rep. Hillings said he had received complaints from football fans who said they could not see the best games. He said he realized he was dealing with "a delicate subject — we don't want people to think we are trying to control college football." But, he added, "tv is a regulated industry — the NCAA decides what football will be carried. It seems to me there is a question here that can be explored." Rep. Hillings said some colleges as well as football fans have complained about NCAA's control over televised college football, and that sponsors, too, must take what is offered. "If there is no violation of the law, the committee may well wish to consider the possibility of legislation in this regard," Rep. Hillings said. Allocations Deadline Now Postponed to Feb. 8 SECOND postponement of the deadline (to Feb. 8) for reply comments in the FCC's television allocation proceedings was ordered last week. The original deadline for comments was Dec. 15, 1955, and for counter-comments Jan. 6. Late in December the FCC moved this latter date to Jan. 20. The additional time was requested two weeks ago by WHIZ-TV Zanesville, Ohio, and WTAP-TV Parkersburg, W. Va. They actually asked for a 30-day extension, but the Commission agreed to 18 days. WHIZ-TV said it was preparing a detailed analysis of the more than 200 comments. The extension drew dissents from Comrs. John C. Doerfer and Robert E. Lee. FCC Indicates Hearing For KVAR (TV) Move PROPOSAL to move its main studio to Phoenix may have to undergo a hearing, the FCC has told KVAR (TV) Mesa, Ariz. The station, which occupies the same building as KTYLAM-FM Mesa, has complained of signal interference from those stations. KVAR, on ch. 12, asked the FCC for permission to move its studio to an office owned by the station in Phoenix (11% miles from the present site). In announcing that the proposed move may require a hearing, the FCC cited objections from two of the three Phoenix tv stations (KTVK [TV] and KOOL-TV). The Phoenix stations argued that the move would make KVAR a Phoenix outlet in violation of the FCC Table of Assignments. Furthermore, the protestants charged, the move would deprive Mesa of its only tv outlet for local expression. KVAR could eliminate its interference problem by building a new main studio in Mesa, the stations said. The FCC pointed out that a station must show good cause for locating its main studios outside the principal city it is licensed to serve. There is a direct relation, the Commission stated, between the location of a station's main studio and the manner in which the station fulfills is obligation to serve the needs and interests of its community. Examiner Recommends Denial Of Paducah, Ky., Am Bid INITIAL DECISION recommending denial of an application of E. Weaks McKinney-Smith for 1560 kc, 1 kw unlimited at Paducah, Ky., was issued by FCC Hearing Examiner Herbert Sharfman last week. Mr. Sharfman's decision was not based on the protest of WQXR New York (1560 kc, 10 kw; cp for 50 kw), party to the hearing, which claimed the Paducah grant would cause interference. The fatal factor, Examiner Sharfman found, was the applicant's failure to comply with the Commission's so-called "10% Rule" (Sec. 328 [c]), which provides a grant may be made if interference received does not affect more than 10% of the people within the proposed station's primary service area. Mr. Sharfman found that co-channel interference would deprive service to 17% of the population within the applicant's normally-protected nighttime contour. Although the 10% requirement can be waived if a proposed station will provide a community with a first nighttime service or if 25% or more of the people in the proposed nighttime service area are without a primary service, Mr. Sharfman found that the Paducah applicant failed to properly meet these requirements. Bid to Raise Bay City Tower Opposed by WJIM-TV Lansing A PROTEST was lodged with the FCC last week against an application of WNEM-TV Bay City, Mich., for an increase in tower height from 520 to 1,000 ft. Entering objection to WNEM-TV's proposed increase was WJIM-TV Lansing, which last November was granted FCC authority to increase its own present 440-ft. tower height to 980 ft. WNEM-TV and WJIMTV, both with 100-kw power, are on chs. 5 and 6, respectively. WJIM-TV said that WNEM-TV's proposed operation would cause interference within the Grade B contour of WJIM-TV. Under WJIMTV's present operation this interference would affect an area of 529 sq. miles or 33,580 people; under its planned 980-ft. operation it would involve 849 sq. miles or 156,999 people, the Lansing station maintained. The interference would prejudice advertisers against WJIM-TV, causing it economic injury, the station claimed. ABC-XETV (TV) Pact Stayed LONG-CONTESTED ABC affiliation with ch. 6 XETV (TV) Tijuanna, Mexico — granted last November [B«T, Nov. 28, 1955] — was stayed last week by the FCC following official protests by KFMB-TV and KFSD-TV San Diego, Calif. San Diego is 15 miles from Tijuana and the American vhf stations claimed the Mexican station was in reality programming for the San Diego market. KFMB-TV is NBC and CBS; KFSD-TV is ABC. Both claimed that XETV was broadcasting "low quality" programs and that the ABC affiliation would result in unfair competition with the American broadcasters. The Commission, with Comrs. Edward M. Webster and John C. Doerfer dissenting, set a long list of issues, to be proved by the protestants. They include mainly questions of alleged deception, operations and program content. Hearing was ordered to be held March 19. One Clovis, N. M., Applicant Asks to Withdraw Tv Request ONE of two contestants for ch. 12 at Clovis, N. M., last week asked the FCC for permission to withdraw its application. Video Independent Theatres Inc., whose application for the Clovis facility was set for hearing with KICA there, told the Commission that it foresaw difficulties in competing with KICA because of that station's high standing in the community. Video, which proposed a low-power tv operation, expressed doubt, however, that Clovis could support the high-power, expensive operation contemplated by KICA. Video said that KICA had agreed to make partial reimbursement for out-of-pocket expenses incurred by Video in the prosecution of its application. Payment, $2,000, will be made 10 days following the issuance of a final grant to KICA. Video listed its expenses at $2,758. WEOL Renewal Hearing Ends With Newspapers in Default HEARING on protest against license renewal of WEOL Elyria, Ohio, opposed by Lorain Journal and Mansfield Journal, began and ended same day last week when FCC Hearing Examiner Herbert Sharfman ruled the two newspapers in default. The newspapers had asked the examiner to postpone the hearing until the FCC acted on two petitions against previous rulings by the examiner. The examiner refused, and counsel for the newspapers refused to begin the case when ordered to do so. At issue in the controversy is whether the newspapers have to bear the burden of proof against WEOL's renewal, or whether the station has to defend itself. The examiner ruled that the Commission's order required the newspapers to bear the burden of proof; but the newspapers claimed that the station must accept the burden. Last week the FCC turned down the newspapers' petition seeking to put the burden on the station. Still pending is the newspapers' request to enlarge the issues. FCC Okays WNYC-FM Plan To Multiplex Weather News FIRST FCC authorization to provide cost-free, continuous weather broadcasts on a multiplex basis was granted last week to WNYC-FM New York, municipally-owned station. This is the 45th subsidiary communications authorization issued to date; the other 44 were awarded to background music and storecasting operations. WNYC-FM is authorized to provide, on a cost-free basis, continuous weather broadcasts to any person or group having the necessary receiving equipment. WNYC-FM said the service will provide valuable information to the police department, fire department, transportation companies, maritime interests and other agencies which benefit from comprehensive, upto-the-minute weather information. Under the authorization, the weather broadcasts would be made available, also without cost, for retransmission by any stations in WNYC-FM's service area. Page 68 • January 23, 1956 Broadcasting • Telecasting