Broadcasting Telecasting (Oct-Dec 1957)

ing a very high proportion of the nation's television homes. This consideration underlies, for example, recommendations made with respect to the "right of first call" of network affiliates, to the must-buy policy, and to the network ownership of stations within prescribed limits. In addition, various proposals are made concerning the access of independent stations and of stations in smaller markets to network programs and Commission action on the structure of AT&T rates with the intention of strengthening the financial and programming base of some of the station outlets required for a nationwide television system. Another set of Commission doctrines with respect to the public interest have guided recommendations addressed to the growing problem of multiple ownership of stations. This includes the doctrine that the station, in order to fulfill its role as a local community institution, should be owned by local interests with roots in the community to be served; the doctrine that the public interest is best served by a diversity of opinions and program sources; and the doctrine that a concentration of economic control in the hands of a small number of ownership units is inconsistent with the public interest. Against this background of the "public interest," the following recommendations are made with respect to Commission policies and procedures in the various areas embraced in this study. A. Affiliation 1. Networks should be required by rule to file with the Commission a full and detailed statement of the criteria governing their affiliation policies. 2. Networks should be required by rule to file reports with the Commission setting forth changes in affiliation as they occur and the basis of each change. The networks should also be required to report to the Commission all requests for affiliation and the disposition of such requests, including the specific factors used by the networks in granting or denying the requests. 3. A rule should be drawn specifying that networks may not use as a basis for affiliation the fact that a licensee is a multiple owner of television stations. 4. In connection with the proposed study of radio networking, particular consideration should be given to the effects on competition of the practices of the networks of holding open regular television affiliation until their radio affiliates have obtained competitive television facilities. 5. The practice of one of the networks of requiring certain applicants for affiliation to promise to serve as its primary outlets, to the exclusion of other networks, should be referred to the Commission for appro priate inquiry in the light of Section 3.658(a) of the Commission's rules. Similarly, further inquiry should be made by the Commission as to the policies and practices of the networks with respect to holding discussions with existing affiliates concerning the granting of affiliation to other stations. 6. The Commission should seek comments from all interested parties with respect to a proposal that networks be required to provide affiliated stations in markets not ordered by the advertiser the opportunity to carry the program with commercials deleted, upon reasonable payment by the stations to the network and the advertiser. 7. The Commission should not extend the present two-year maximum affiliation term. 8. The networks should be required by rule to report to the Commission their specific criteria for disaffiliation and should report each disaffiliation action and the bases thereof. 9. Pursuant to Recommendation numbered 3 above, the Commission should require by rule that networks may not use the criterion of multiple ownership as a factor in disaffiliating with a station, in order to affiliate with another station held by a multiple-station owner. 10. The networks should be permitted to continue to grant first call and territorial exclusivity rights in a community to an affiliated station. 1 1 . The Commission should require by rule that if an affiliate is ordered for a network commercial program, but does not provide clearance satisfactory to the sponsor, the network in good faith should undertake to place the program in another station in the community, if the sponsor so chooses. If a clearance suitable to the advertiser can be obtained, the network should not, for a reasonable period of time, be permitted to recapture the program in order to place the program on its regular affiliate. 12. The Commission should require by rule that if an affiliate is carrying a network commercial program, but the advertiser wishes to have the program carried also on a station in another community, the network should undertake to place the program on the other station. 13. The practice of the networks of discussing with affiliated stations the proposed placement of network programs on nonaffiliated stations should be examined by the Commission to determine whether such practice is consonant with Section 3.658(b) of the Commission's rules. B. Option Time 14. The option-time arrangement between networks and affiliated stations should be prohibited by Commission rule. The proscription of option time should not be accompanied with any proposal to ration or otherwise limit the amount of programming that a station licensee may accept from any source. The language of the Commission rule should be phrased so as to preclude similar or more restrictive arrangements which might appear if option time is abolished. Continued ON THE HOUR DAILY wi ith TOM DECKER KEN POWELL WVET RADIO ROCHESTER, N.Y. Represented Nationally by THE BOLLING CO. HOOPER — PULSE — NIELSEN KOSI— St. Forjo. KOBY — See Petry Broadcasting Telecasting October 7, 1957 • Page 101