Broadcasting Telecasting (Jan-Mar 1956)

what he said were ten cases where newspapers have been denied tv licenses (except the Tampa and Miami cases) since April 1952. Mr. Baker told the Massachusetts Republican there are about 30 cases pending which involve newspaper applicants. Rep. Oren Harris (D-Ark.), chairman of the subcommittee, asked that the FCC report whether it ever had tried to adopt rules which would act as a bar to newspaper applicants for broadcast facilities prior to 1951, when the American Newspaper Publishers Assn. submitted a proposed anti-discrimination amendment to the McFarland Act. Mr. Baker said implementation of the FCC's diversification policy has another purpose than preventing control of several of the media of mass communications. It is a guard to keep from growing toward monopolistic conditions, he said. Answering a hypothetical question from Rep. Walter Rogers (D-Tex.), he said that in the case of a non-newspaper applicant with no other media interests and a newspaper applicant being perfectly balanced in all qualifications except diversification, the FCC would favor the nonnewspaper applicant. He said the FCC has never denied a newspaper applicant a license in non-comparative proceedings except once in the Mansfield (Ohio) Journal case, where the FCC alleged the newspaper was engaging in antitrust practices. A court later found such violations, vindicating the FCC, he said. Rep. Harris said Rep. Francis Walter (D-Pa.) has written a letter to the FCC on its decisions in the Allentown-Easton (Pa.) case which has been in litigation several years. Mr. Baker said the Supreme Court has remanded the case to the U. S. Court of Appeals, sustaining the FCC's decision. He said there now is pending a request for stay of the Supreme Court mandate, so Allentown can decide whether it wishes to try to take the case back to the Supreme Court. In Mr. McConnaughey's statement, he said the FCC always has recognized the relative benefits to be derived from diversification of mass media, such as encouragement of competition between the various media, avoidance of concentration of control over the avenues of communicating fact and opinion to the public and making available to the public a more varied approach to questions of interest. This policy of encouraging diversification has been specifically approved by the courts, he said. Diversification, however, is only one of the numerous factors the FCC must evaluate in any comparative proceeding, he said, and diversification is not necessarily the controlling factor. It may or may not be depending on the facts of the particular case, he said, adding that a preference for diversification may be slight or substantial. He said a newspaper may prevail despite this factor because of its superiority in program plans, integration of ownership and management, local ownership or past broadcast experience. He cited the newspaper grants in Tampa and Miami to show that "such applicants, because of superiority in other factors, can win out over non-newspaper opponents." He said newspaper ownership may prove an asset in that the applicant may be able to demonstrate its ability to perform outstanding public service in that community and respond to the community's particular needs. He said enaction of the proposed legislation may keep the FCC from considering local newspaper ownership as one of the "many factors" to be evaluated. He said it is difficult to determine what the legislation would or would not do because some of its terms are ambiguous. The term "discrimination" isn't defined, he said, and the FCC is unable to tell the precise meaning of the clause prohibiting denial of an application "solely" because of an applicant's interest in "any medium primarily engaged in the gathering and dissemination of information." He questioned whether the legislation would prevent use of the diversification factor against newspaper applicants but permit its use against those controlling other mass media. If it is meant to preclude consideration of all other mass media interests, it would mean the FCC could not even take into consideration the number of other radio or tv interests an applicant might have, he said. Three New Am Grants Made by Commission THREE GRANTS for new am stations were made by the FCC last week. These were: Thomasville, Ala. — J. Dige Bishop, 630 kc, 1 kw day. Mr. Bishop owns 20% of WCTAAM-FM Andalusia, Ala., and 40% of WDOB Canton, Miss. Fort Lupton, Colo. — Harry Laurence Hill, 800 kc, 500 w day. Mr. Hill is a dairy farmer and orchestra leader. Ithaca, N. Y. — Thompson K. Cassel Co., 1470 kc, 1 kw day. Mr. Cassel has interests in WCHA-AM-FM-TV Chambersburg, Pa., WATS Sayre, Pa., WTVE (TV) Elmira, N. Y., WOND Pleasantville, N. J., and WDBF Delray Beach, Fla. V A r A mi mm mm Mm mm mm mm mm mm MM mm mm mm mm mm mm mm mm mm mm mm mm \m\ mm mm mm mm mm mm mm mm \m\ If*;.*! for greater coverage with a perfect picture Eiffel Tower . . . 926 feet high WISN-TV Tower . ..1105 feet high WISN-TV Power . . . 31 6,000 watts Here is the tallest structure in Wisconsin . . . taller than the giant Eiffel Tower in Paris! That means top coverage for TV advertisers! So, put your sales messages on WISN-TV. You'll blanket Milwaukee County and 23 rich surrounding counties. WIS CHANNEL c V MILWAUKEE BASIC ABC AFFILIATE Represented Nationally by Edward PETRY & Company, Inc. Page 52 • February 6, 1956 Broadcasting • Telecasting