Broadcasting Telecasting (Jan-Mar 1957)

PEOPLE Hyde, Bartley Dissent on FCC's Dropping Economic Criterion FLAT CONTRADICTION to majority opinion that FCC has no power to consider economic impact of new station on existing station was basic premise of dissents by Comrs. Hyde and Bartley in Cleveland, Tenn., protest case (see page 42). Decision also carried concurring statement by FCC Chairman McConnaughey. who added to majority opinion view that if the Commission had jurisdiction to consider competetive and economic situations, it would have to adopt rule defining public interest guide posts. Mr. Hyde, holding that Commission should not decide economic impact of new station on existing outlet as matter of policy, stated he believes Commission has authority to consider economic impact. Commission majority reached decision, Mr Hyde said, by calling portions of 1940 Supreme Court decision in Sanders case as obiter dicta and treating it as erroneous. Mr. Bartley said he cannot join majority in "disavowal" of Commission's jurisdiction "solely upon the basis of a chosen interpretation of certain language used by the Supreme Court in the Sanders case, upon which even the legal profession is divided." He added he found it difficult to believe that Supreme Court would use " 'superflous language' " in important decision. He called questioned language "pointed and meaningful." Majority's viewpoint that Congress has not seen fit to clarify economic injury scope, Mr. Bartley said, is not significant; Congress has been aware for many years of Sanders case and Commission's practices in this area. Craven Defends His Plan, Poses 'Answers7 to Critics FCC COMR. T. A. M. Craven defended principles of so-called Craven plan before capacity luncheon meeting of Washington radio-tv lawyers Friday. In speech to Federal Communications Bar Assn., engineering commissioner ticked off three "answers" to objections which have been voiced to his suggestion Commission delete table of allocations: (1) Mileage separations will not be compromised, must be maintained at least until propagation characteristics being researched by Television Allocations Studv Organization are totted up and submitted to FCC. (2) Tv will not go way of am; standard broadcasting separations based on contour protection; tv on mileage separations. There is no kinship between two services. (3) Protection against encroachments on existing stations' coverage, now aided by rulemaking requirements, can still be continued; abolition of rule-making provisions can result in speeding up application processing, grants, etc. He also called for the retention of present reservations for educational tv through "declarations of intent" for specific communities. Mr. Craven emphasized his ideas were not concrete proposals, merely suggestions to be considered in establishing new, broad television allocation policy. Objectives, he said, are (a) maximum spectrum utilization; (b) take government out of planning; free television of government regulatory inhibitions; (c) better technical knowledge and usage. Table of allocations. Mr. Craven declared, at deadline has served its purpose; it now impedes free use of facilities. It fosters monopoly in many locations and hampers free competition in many others. Uhf, Mr. Craven stated, must be developed and stimulated. He said his feeling is that uhf markets must be protected against "infiltration" of vhf signals. Uhf can be encouraged, he said, by permitting dual operation by same broadcaster on uhf and vhf in same city. Since Craven plan is under consideration by FCC. no questions were permitted from floor. Time Inc. Gains 'Notable' In 1956, Annual Report Says TIME Inc. stations last year "reflected notable gains" and "improved profits" from higher revenues and "cost control measures," the company is reporting to stockholders today (Mon.). In annual report. Time President Roy E. Larsen and Board Chairman Maurice T. Moore noted that company's broadcasting gains preceded its more than $15.7 million purchase last month of Consolidated Television & Radio Broadcasters Inc. properties in Indianapolis, Minneapolis-St. Paul and Grand Rapids (Bitner stations). Report takes in KLZ-AM-TV Denver and 80% of KDLY-AM-FM and KTVT (TV) Salt Lake City as well as KOB-AM-TV Albuquerque, latter to be sold by Time Inc. and Wayne Coy to KSTP Inc. for $1.5 million. Last year was Time Inc.'s greatest in growth in both business volume and net income in 34year history, said report, which showed net income of $13,850,000 or $7.10 per share of common stock last year compared with $9,196.000 or $4.72 per share year before. Revenues totaled $229,374,000, up 15% from 1955. Dividends paid last year were $3.50 per share or $6,824,000 total compared with $2.75 per share and $5,261,000 in 1955. WRAK-AM-FM-TV Transferred FORMAL TRANSFER of WRAK-AM-FMTV Williamsport, Pa., from WRAK Inc. to Steinman Stations was effected last Friday. Clair McCullough, president of Steinman Stations, said plan to activate cp for ch. 36 WRAK-TV would be undertaken promptly. Tv station has never been on air. Purchase price was $125,000 [B«T, Feb. 11]. Liveright Gets Three Months HERMAN LIVERIGHT, 45, former program director of WDSU-TV New Orleans, was sentenced Friday by U. S. District Court (D.C.) to three months in jail and fined $500 for contempt of Congress. Mr. Liveright had failed to answer questions about alleged Communist party ties. Mr. Liveright lost job at WDSUTV after refusing to answer Senate Internal Security Subcommittee questions year ago. UPCOMING March 24, 26: Bureau of Broadcast Measurement, Quebec City, Que. March 25: Canadian Assn. of Radio & Television Broadcasters, Chateau Fror.tenac Hotel, Quebec City, Que. March 30: Florida United Press Broadcasters-Telecasters Assn., Langford Hotel, Winter Park, Fla. For other Upcomings see page 106 LOU JACOBSON, formerly supervisor of creative broadcast activities at Leo Burnett Co. and previously manager and co-owner of WEHL Bradenton, Fla., appointed head of radio-tv production at Ruthrauff & Ryan Inc., Chicago. WILLIAM CRUMLEY promoted to vice president in charge of research and director of Young Television Corp. and JAMES F. O'GRADY, assistant sales manager, elected to board of directors. Mr. Crumley has been research director of Young Tv since 1955 and earlier had been with Pulse Inc. TERRENCE McGUIRK, sales manager in special unit of CBS-TV's Extended Market Plan, named account executive for CBS Television Spot Sales, N. Y., replacing RICHARD HOGUE, named general sales manager of CBSowned WXIX (TV) Milwaukee. NBC-TV Names New Executives In Day, Night Programming SEVERAL executive promotions and appointments in NBC-TV program department announced late Friday by Robert F. Lewine, vice president for tv nighttime programs, and Mort Werner, vice president for tv daytime programs. New assignments in nighttime programming: John N. Calley, general program executive, named manager, program services: Alvin Cooperman, Perry Cross and Joseph Cunneff named directors, tv network nighttime programs; William Hammerstein, producer, named director, program submissions. In addition, Ross Donaldson, former manager of writing services, was named manager of program submissions; Leroy Passman continues as manager, program administration: David W. Tebet, former general program executive, named manager, special programs. In daytime programming Mr. Werner announced these appointments: Carl Lindemann Jr., formerly program supervisor, to be director, daytime programs, tv network, and William V. Sargent, former director of administration for tv network, to be director of Today-HomeTonight programs. Daytime Radio Subcommittee Formed; Hearings in Late April APPOINTMENT of Special Daytime Radio Broadcasting Subcommittee of Senate Small Business Committee, with Sen. Wayne Morse (D-Ore.) as chairman, being announced today by chairman of parent committee, Sen. John Sparkman (D-Ala.). Other two members are Sens. Alan Bible (D-Nev.) and Andrew F. Schoeppel (R-Kan.). Probe is based on complaints by Daytime Broadcasters Assn. that FCC has failed to take action on DBA petition and other daytime complaints. KTVI (TV) Files for Ch. 2 KTVI (TV) St. Louis Friday filed formal application with FCC for ch. 2 that city. Station's ch. 36 was shifted to Springfield, 111., in exchange for ch. 2 and KTVI was given temporary authority to operate on vhf that channel [B»T, March 18. et seq.]. Louisiana Purchase Co. filed earlier in week for same facility (see story, page 48). KODY Sold for $210,000 KODY North Platte, Wyo. (250 w on 1240 k'c. NBC affiliated) sold Friday by John Alexander. George B. Dent Jr. and Townsend E. Dent to Hartley Samuels, former ABC executive and owner, WDLB Marshfield, Wis., for $210,000. Transaction handled by Allen Kander & Co. Broadcasting • Telecasting March 25, 1957 • Page 9