Broadcasting Telecasting (Jan-Mar 1956)

GOVERNMENT In looking over the BViOUS on't overlook the POSITIVE! It's this simple! In only 114 days of commercial operation WNDU-TV has achieved the Number 2 position* of audience dominance in the South Bend-Elkhart market. This impressive showing expresses eloquently the acceptance of WNDU-TV by the more than 200,000 families it serves and the confidence shown this station by its advertisers both local and national. We are proud and thankful for this auspicious beginning. In only 114 days, we couldn't ask for more. * Total "Firsts" by quarter-hour segments according to ARB Nov. 6-12. Represented Nationally by MEEKER TV WNDUTV CHANNEL 46 Page 56 • January 30, 1956 GOP, Democrats Trade Blows, Claim 'Foul' on Fund Plan THE CHAIRMAN of the Democratic National Committee and the chairman of the Republican National Committee took turns last week in charging each other with wrecking a bipartisan plan to raise campaign funds under the sponsorship of The Advertising Council. Democratic Chairman Paul M. Butler on Tuesday (Jan. 24) accused his GOP counterpart Leonard Hall with "sabotaging" the suggested $10 million campaign, which would have been financed jointly by both parties. The following day Mr. Hall charged Mr. Butler with a "breach of faith" in "scuttling" the campaign, which was first put forth by Philip L. Graham, president and publisher of The Washington (D. C.) Post and Times Herald (WTOP-AM-FM-TV). Under his plan, The Advertising Council would have arranged to exhort people over radio and television, in newspapers and on billboards, to give money to the party of their choice. Chairman Butler said that the Republicans, having found they could raise $5 million at "Salute-to-Eisenhower" dinners for GOP "fat cats," decided to "duck" a plan that might help the Democrats to raise money they otherwise might not have been able to raise. Chairman Hall replied that Mr. Butler has "scuttled" the whole project in a speech made on Dec. 9 in Los Angeles. He said the Democratic chairman did this in two ways: by making public the funds-raising plan as agreed to, and then by attacking the Republican Party "gratuitously and unfairly," for excessive spending in past campaigns. Political Broadcast Bills Up for Hearing on Tuesday THE HOUSE Interstate & Foreign Commerce Committee's Transportation & Communciations Subcommittee, headed by Rep. Oren Harris (D-Ark.), begins hearings at 10 a.m. tomorrow (Tuesday) on three bills affecting political broadcasts and two measures on newspaper ownership of radio-tv stations. The bills, all introduced during the first session of the 84th Congress, are: HR 3789 — Withdraws from persons convicted of subversive activities and members of subversive organizations equal rights extended by the Communications Act for political broadcasts. HR 4814 — Relieves stations from liability for defamatory statements made in political broadcasts by candidates. HR 6810 — Implements proposal by CBS President Frank Stanton to authorize stations and networks to allow candidates of major political parties to appear on news, interview, forum, debate and similar programs without being required to give "equal time" to candidates of minority parties. HR 6968 — Forbids FCC discrimination against newspaper ownership of radio-tv facilities. HR 6977— (Similar to HR 6968). Court to Review Legality Of FCC Monitoring Evidence WHEN is wiretapping not wiretapping? That's the question which the U. S. Supreme Court agreed to review last week. Involved is an Arizona federal court interpretation that evidence unearthed through wiretapping is inadmissible — even though the evi dence was secured through FCC monitoring of an unlicensed broadcast station. The case involves allegations that Mr. and Mrs. Robert V. H. Sugden of Yuma, Ariz., violated immigration laws by employing Mexican "wetbacks." The federal government charges that the Sugdens used their two-way farm radio to warn workers that immigration inspectors were enroute. These warnings were overheard by an FCC monitor, whose testimony was given in court. The federal district court threw out the charges on the basis they were based on wiretap evidence. The Ninth Circuit Court of Appeals reversed this decision. It held that the wiretap rule did not apply in this case because the Sugdens did not have a license for their radio. The appeal was taken to the Supreme Court by the Sugdens. Boxer Wins New Trial In Tv Fight Film Case FORMER heavyweight boxer Al Ettore has won a new trial in his suit for damages against Philco Corp., Chesebrough Manufacturing Corp. and Clayton Inc., Chesebrough's advertising agency. Federal appeals court in Philadelphia on Jan. 17 reversed a lower court ruling that the former pugilist had no cause for action. Involved are the 1949 and 1950 telecasts of the 1936 Joe Louis-AI Ettore fight via Greatest Fights of the Century film program over NBC and carried on WPTZ (TV) Philadelphia, then owned by Philco. Chesebrough sponsored the program for Vaseline hair tonic. Aside from his claim that the films were shown without his authority, Mr. Ettore claimed that his best round, the third, was deleted. The boxer claimed this demeaned him in the eyes of his Philadelphia friends. Joe Louis knocked out Mr. Ettore in the fifth round. Mr. Ettore received $500 for the motion picture rights in 1936. A Philadelphia federal court held that Mr. Ettore's rights had not suffered infringement. The appeals court held, on a two to one decision, that the motion picture rights did not include television, which it termed a relatively new medium and not known when the fight took place. Court Hears Argument To Dismiss 'Marko' Suit MOTION to dismiss a suit brought by The Caples Co., Chicago advertising agency and syndicator of Play Marko, against FCC [B«T, Oct. 10, 1955] was argued last Thursday before U. S. District Judge Joseph C. Garraghy in Washington. The Caples Co. is seeking to restrain the FCC from issuing show cause orders to tv stations declaring Play Marko a lottery. It also seeks a court ruling that the program does not violate the lottery laws. Play Marko, a bingo type game, was dropped by KTLA (TV) Los Angeles and WGN-TV Chicago after the FCC declared its belief that the program violated the lottery laws. House Probe to Hear FCC FCC will testify Feb. 3 before House Government Information Subcommittee on Commission's practices and policies in releasing information to public and Congress. Rep. John E. Moss (D. Calif.), chairman, said FCC is one of six federal regulatory agencies currently being heard. The subcommittee was formed last year to investigate allegations that federal agencies and departments are withholding information on their activities from public. Broadcasting Telecasting