Broadcasting Telecasting (Jan-Mar 1956)

PEOPLE WSPA-TV Gets Paris Mt. Site After Two-Yea r Controversy TWO-YEAR-LONG fight to locate its transmitter on Paris Mt. was finally won Friday by ch. 7 WSPA-TV Spartanburg, S. C, when FCC issued final decision on protest case. Officially, FCC confirmed 1954 grant allowing WSPA-TV to move transmitter from Hogback Mt. to Paris Mt. Move had been attacked by ch. 23 WGVL (TV) Greenville, S. C, and by ch. 40 WAIM-TV Anderson, S. C. Hogback Mt. is 26 miles from Spartanburg, 23 miles from Greenville and 50.2 miles from Anderson. Paris Mt. is 27 miles from Spartanburg, 5.6 miles from Greenville and 32.2 miles from Anderson. Walter J. Brown, WSPA-TV president, said Friday he plans to have ch. 7 outlet on air sometime in April. Spartanburg studios are complete and closed-circuit telecasting has been underway since last September, he said. Protestants — who had gone to court to secure ruling that FCC must give them hearing and stay disputed grant — claimed misrepresentation, that site was forced on WSPA-TV by CBS, that move changed allocations plan without rule-making proceeding, and that Paris Mt. site would wreak economic ruin on their operations. FCC found (1) protestants failed to prove misrepresentation (in first move, WSPA-TV had asked for Commission approval to operate temporarily from Paris Mt.; after court ordered stay, WSPA-TV sought and received formal Commission authority to make move); (2) that move does not conflict with basic rules (at least 77 dbu signal over principal city, and conformance with mileage separations); (3) that increased coverage in Greenville and Anderson areas "negligible" and decrease in Spartanburg "not appreciable"; (4) that CBS did not "dictate" move, but that WSPA-TV voluntarily took steps in order to secure CBS affiliation (CBS had questioned affiliation possibilities from Hogback Mt. because WSPA-TV would overlap with CBS-affiliated WBTV [TV] Charlotte. N. C), and (5) that claimed economic losses by Greenville and Anderson outlets were "speculative" and anyway Commission could not guarantee profitable operations. Comrs. Rosel H. Hyde and Edward M. Webster issued concurring opinions; Comr. Robert T. Bartley dissented. Mr. Webster said he had "some doubts" whether WSPA-TV had "mental reservations" when it requested authority to operate temporarily from Paris Mt. Mr. Bartley said he questioned whether affirmative showing had been made that move was in public interest. WERC Sale in Negotiation NEGOTIATIONS for purchase of WERC Erie, Pa., by Joseph L. Brechner and Basil Polyzois, both Washington, D. C, reported Friday. Price given as about $130,000. Erie outlet is 5 kw on 1260 kc; ABC affiliation. Mr. Brechner is 30% owner of WGAY Silver Spring, Md. (Washington suburb), 26% of WLOF Orlando, Fla„ and will hold 60% of WERC. Mr. Polyzois. accountant, is minority stockholder in WLOF and will hold 40% of WERC. Sellers are Jacob B. Young and B. Walker Sennett. at deadline Clears Answer Daytimers# Cite 'Ruinous7 Interference "RUINOUS" interference not only to clear channel stations but also to regionals was answer of Clear Channel Broadcasting Service to petition of Daytime Broadcasters Assn. to revise rules to permit daytimers to remain on air from 5 a.m. or sunrise, whichever is earlier, to 7 p.m. or sunset, whichever is later [B»T, Dec. 12, 1955]. Present daytime rules limit daytime stations to local sunrise and sunset. CCBS opposition cites fact there are 1,125 daytime stations operating and authorized. Of these, 5.1% operate on U. S. Class 1-A channels; 5.4% on U. S. Class 1-B clear channels; 32.6% on Mexican or Canadian clear channels, and 56.9% on regional channels, CCBS said. This means, CCBS said, that regional stations would be more seriously affected by daytimers' proposals than clears. CCBS also questioned need for additional service from daytimers (unlimited locals and regionals plus clears furnish local services); said that proposal would cause serious objectionable interference to all classes of stations; and even if merit in Daytimers' position, no action should be taken pending conclusion of Clear Channel case and Daytime Skywave cases. Clear channel document contained engineering study of effect of Daytimers' proposal on 1210 kc (WCAU Philadelphia). This indicates. CCBS said, that entire skywave service of WCAU would be eliminated. This encompasses, CCBS said, more than 30 million people receiving secondary WCAU service and almost 4.5 million people receiving interference-free primary service. KUAM Seeks Guam Ch. 8 KUAM Agana, Guam, late Friday filed application with FCC asking for ch. 8 Agana. following by one day FCC assignment of chs. 8 and 10 to that city (see story, page 72). Emerson Reports Profit Drop EMERSON Radio & Phonograph Corp., Jersey City, announced Saturday that consolidated net profit of company and subsidiaries for 13-week period ended Jan. 28 amounted to $163,825. after provision for federal income taxes, as against net profit, after taxes, of $499,392 in corresponding period of 1955. UPCOMING March 14-16: Senate Interstate & Foreign Commerce Committee resumes hearings in investigation of tv networks and uhf-vhf problems, U. S. Capitol. March 14-16: Assn. of National Advertisers Spring Meeting, The Homestead, Hot Springs, Va. March 16: Ohio Assn. of Radio & Tv Broadcasters, Hotel Statler, Cleveland. March 16: West Virginia Broadcasters Assn., McLure Hotel, Wheeling. For other Upcomings see page 707. W. BARRY MCCARTHY, account supervisor, BBDO, N. Y., and EDGAR L. WEIBRECHT, account supervisor, BBDO, Cleveland, elected vice presidents. BEN LAITIN, account executive on Tussy cosmetics and Amitone, Grey Adv., N. Y., appointed vice president. Mr. Laitin formerly was vice president of Cecil & Presbrey, now defunct. THEODORE BARASH, formerly with Al Paul Lefton, Philadelphia, to Young & Rubicam, N. Y., as account executive. RONALD A. POST named assistant media director of Ross Roy Inc. JOHN V. L. HOGAN, co-founder of Institute of Radio Engineers and founder and former owner of WQXR New York, will receive IRE's highest technical award, Medal of Honor, at annual banquet March 21 (story page 64). Miami, Houston Stays Denied; Court Keeps Evansville Appeal APPELLATE COURT in Washington Friday turned down request for stay against FCC grant of Miami ch. 7 to Biscayne Television Corp. (Knight-Cox-Trammell interests) and also denied motion to dismiss appeal against FCC grant of Evansville ch. 7 to Evansville Tv Inc. Late Thursday, same court denied stay request against FCC action granting ch. 11 KGUL-TV Galveston to move transmitter nearer Houston. Miami stay had been asked by ch. 23 WGBSTV Miami and ch. 17 WITV (TV) Fort Lauderdale. Case argued before Circuit Judges Henry W. Edgerton, Charles Fahy and Walter M. Bastian. Uhf outlets represented by Vernon K. Wilkinson, Biscayne by Duke M. Patrick and FCC by Richard A. Solomon. Court also dismissed Biscayne and FCC motions to dismiss appeals. Move to dismiss Evansville appeal was made by Evansville Tv Inc. Appeals had been brought by ch. 62 WFIE (TV) Evansville and ch. 50 WEHT (TV) Henderson, Ky. Court panel was same as in Miami case. Arguing for Evansville Tv was Vincent Pepper; uhf stations, J. Roger Wollenberg, and FCC, Henry Geller. Stay in KGUL-TV move had been asked by ch. 13 KTRK (TV) Houston. Argument heard by Circuit Judges E. Barrett Prettyman. Charles A. Danaher and Walter M. Bastian. Arthur Scharfeld represented KGUL-TV; W. Ervin James and Benedict P. Cottone, KTRK, and J. Henley Smith, FCC. Investigators Order Local 47 To Ignore Rebel Meeting AFM International Executive Board committee investigating revolt at Hollywood Local 47 against James Caesar Petrillo Friday ordered halt to special membership meeting called tonight (Mon.) to impeach local's pro-Petrillo President John te Groen (story page 54). AFM panel ordered Mr. te Groen not to answer charges and not to attend meeting and ordered Local 47 members not to attend any meeting for such purpose until investigation is completed and AFM ruling is made and enforced. Anti-Petrillo leader Cecil Read challenged authority of investigators to interfere in Local 47 affairs, citing inalienable American right to assemble and discuss problems. He said tonight's meeting was lawfully called and said "intimidation" by investigators should not be tolerated. Local 47 Secretary Maury Paul said AFM group is empowered under national bylaws to act. Broadcasting • Telecasting March 12, 1956 • Page 9