Broadcasting Telecasting (Jan-Mar 1956)

GOVERNMENT WSAY Contempt Charge Answered by FCC THE FCC has told the U. S. Court of Appeals in Washington that even though the court's "mandate" in the Rochester ch. 10 case was "mislaid" the Commission has not delayed unduly its consideration of the case — and even so the pending revision of Sec. 309(c) made it proper to hold up action until it was seen what Congress would do. This was the FCC's point of view in an opposition filed with the appellate court to the request of WSAY Rochester, N. Y., that the FCC be cited for contempt [B»T, Jan. 23]. The Rochester radio station claimed that the FCC purposely delayed ordering the sharetime ch. 10 telecasters, WHEC-TV and W VETTV Rochester, off the air until Congress acted on the Sec. 309(c) protest revision. Under the old protest rules, where a protest was accepted and a hearing scheduled, the grant under attack must be stayed. The revised protest rule was passed by the Senate (it had been passed by the House last summer) and signed by the President two weeks ago [B»T, Jan. 23]. It permits the FCC to use its discretion in staying the effectiveness of grants attacked by protests. WSAY (Gordon P. Brown) last July won an appeals court ruling that the FCC should have given him a hearing in his protest against the 1952 grant to the two Rochester tv operators. This was appealed to the U. S. Supreme Court but last month the high court refused to review the case. On Dec. 21 the clerk of the appeals court sent the "mandate" to the FCC. It was stamped as received Dec. 22, the FCC declared, but was mislaid and not discovered until Jan. 12. The case was presented to the FCC on Jan. 19, the Commission's pleading stated. No action has yet been taken. Thus, the Commission said, the "oversight has not resulted in delaying the presentation of the case to the Commission for more than one week at the most, if in fact any delay at all has resulted." "The Commission," the document went on, "believes that it would not be appropriate for it to rush to expedite its action so that it comes before the effective date of the new law, in the light of the clear Congressional concern that established television service not be disrupted pending a new hearing required as a lesult of the decision of [the] court." There is no requirement that the Commission act immediately upon a court order, the FCC stated. It pointed out that less than a month had elapsed since the court's order was sent to the Commission and WSAY asked for a contempt citation. This is not an "excessive length of time," the Commission said. Rounsaville, Macri Propose Swap of Southern Stations SWAP of radio stations in Jacksonville, Fla., and Charlotte, N. C, was proposed for FCC approval last week in applications filed by Carmen Macri and Robert W. Rounsaville. According to the applications, Mr. Rounsaville, multiple station owner, will trade WWOK Charlotte for Mr. Macri's WOBS Jacksonville with Mr. Rounsaville chipping in $50,000 con sideration. WWOK is 1480 kc, 1 kw day; WOBS is 1360 kc, 1 kw day. Southern Radio & Equipment Co., of which Mr. Macri is 90.1% owner, also is permittee of WOBS-TV, prospective ch. 30 Jacksonville outlet. Although WOBS-TV is not involved in the sale, its call letters will be released so Mr. Rounsaville can use WOBS if the FCC approves the exchange, the application said. Mr. Macri, applicant for a new am at Palatka, Fla., awaits FCC approval of his bid to purchase WQIK Jacksonville. He also is an officer of WLBS Birmingham, Ala., WABR Winter Park, Fla., and WEAL-TV Orlando, Fla. Mr. Rounsaville owns WQXI Atlanta, Ga.; WBAC Cleveland, Tenn.; WCIN Cincinnati, Ohio; WMBM Miami Beach, Fla.; WLOU Louisville, Ky., and 51% of WBEJ Elizabethton, N. J. (sale pending FCC approval). He also is permittee of WQWI-TV Atlanta, Ga., WQXL-TV Louisville, Ky., and WQXN-TV Cincinnati. Mr. Rounsaville's application for a new Jacksonville am was dismissed last week by the FCC, at his request. Newhouse Buy of Stations Among New FCC Approvals AMONG ownership changes approved by the FCC last week was the purchase by broadcasterpublisher Samuel I. Newhouse of WAPI-WAFM (FM)-WABT (TV) Birmingham, Ala., and WHBS-AM-FM Huntsville, Ala. [B*T, Dec. 5, 19551. The other major approvals involved WTHL-AM-FM-TV Johnson City, Tenn., and WPAY-AM-FM Portsmouth, Ohio. The Newhouse buy, the biggest single newspaper sale ever recorded, was through the Remoc Publishing Co., which bought the stations and the parent companies, the Birmingham News and Huntsville Times, for $16.5 million plus assumption of $2.2 million in notes. The $18 7 million figure was not broken down to indicate the selling price of the stations alone. Mr. Newhouse owns a dozen daily newspapers and WSYR-AM-FM-TV Syracuse, N. Y.: WTPA (TV) Harrisburg, Pa.; 50% of KOINAM-FM-TV Portland, Ore.; 23% of KWK-AMTV St. Louis, and part of WGTO Haines City, Fla. In Johnson City WJHL Inc., the licensee of WJHL-AM-FM-TV, was granted transfer of control through purchase of 45.4% of the outstanding stock which was being held in trust. The sale price was $200,000. Control reverts to the Lancaster family which heretofore also controlled 45.4% of the stock. WPAY-AM-FM was sold to Paul F. Braden for $95,000. The seller was the Scioto Broadcasting Co. Mr. Braden is the owner of WPFB Middletown, Ohio. For othsr ownership changes approved see For the Record beginning on page 126. Court Denies WRLD Appeal U. S. CIRCUIT Court of Appeals in Washington last week denied, by a 3 to 0 vote, a request by WRLD Lanett, Ala.-West Point, Ga., to stay the FCC grant of a new am station at West Point to Confederate Radio Co. WRLD had asked the court to stay the grant pending review of the FCC decision and reconsideration of subsequent Commission action which ruled WRLD's protest to the grant was a late filing because it was received by the FCC after 5 p m. closing time on the last day for exceptions [B»T, Nov. 28]. Turning down the stay request were Judges E. B-rrett Prettyman, Charles Fahy and Walter M. Bastian. The QUINT CITIES 5 CITIES— 2 COUNTIES the Hub of a Major Market WOC covers the market. WOC sells your product. Surveys prove it. Advertisers know it. WOC, the Quint city station, in the heart of this rich, agricultural and industrial area Basic NBC A I filiate WOC 5,000 W 1420 Kc a market with money in its pockets ... a market blanketed by WOC. The Quint city area is ideal for test campaigns. Five cities combined into one metropolis . . . thousands of rural listeners. Select WOC for successful sales and campaigns. Get the facts from your nearest F & P office ... or from WOC direct. Col. B. J. Palmer, President Ernest C. Sanders, Manager WOC Davenport, Iowa AM-FM-TV Free & Peters Inc. Exclusive National Representatives Page 52 • January 30, 1956 Broadcasting • Telecasting