Broadcasting Telecasting (Oct-Dec 1957)

and Dr. Welf Heinrich begin a series of lectures on space law before law schools throughout the country. It starts Nov. 4 at Princeton U., and culminates Nov. 26 in Washington before the combined law schools of U. of Maryland, American U., Catholic U., Georgetown U. and George Washington U. The 53-year-old lawyer was born in Tacoma, Wash. He took his A.B. at George Washington U., Washington, D.C., and his LL.B. at Georgetown U., also Washington. Before World War II, he was counsel to the FCC. He has attended innumerable international telecommunications conferences, beginning with the 1947 Atlantic City conference, as an industry advisor. He is the senior partner in the Washington law firm of Haley, Wollenberg & Kenehan. FTC Examiner Proposes Stay on Liggett & Myers Claim The Federal Trade Commission reached a new stage in its protracted action against Liggett & Myers Tobacco Co. (Chesterfields), New York, when a hearing examiner last week recommended prohibiting a claim that the cigarettes will have no adverse effect on nose, throat or accessory organs. The first FTC action against the company was taken five years ago in a crackdown against five big cigarette makers on advertising health claims. (Others were American Tobacco [Lucky Strike], R. J. Reynolds Tobacco Co. [Camel], P. J. Lorillard Co. [Old Gold] and Philip Morris Co.) In last week's initial decision on the Chesterfield complaint, Hearing Examiner William L. Pack ruled that smoking cigarettes "will have, or certainly is likely to have, some adverse effect" on a smoker's nosethroat area. In the manufacturer's favor, however, he reaffirmed an earlier initial decision [Government, Aug. 2, 1954] recommending that challenges of "milder," "soothing and relaxing", leaving no "unpleasant after-taste" copy points be dismissed as posing no public interest issue. The Commission earlier had overruled the examiner on this issue and remanded the case for further proceedings. It also is the only cigarette advertising complaint pending before the federal agency. Since publication of the FTC Cigarette Advertising Guides in September 1955, manufacturers generally have shied away from health claims, emphasing instead "taste and flavor," according to Comr. Robert T. Secrest in testimony last July before the House committee headed by Rep. John A. Blatnik (D-Minn.) investigating advertising claims. Craven Plan Officially Shelved The FCC last week officially dismissed the Craven plan until the Television Allocations Study Organization completes its study of possible basic changes in the tv allocations structure. Last month, the Commission announced staff instructions which would dismiss the proposal to allocate tv channels on an individual basis and delete the current fixed table [Government, Sept. 16]. Broadcasting FTC Charges Schick With False Advertising In one part of a five-pronged complaint last week against Schick Inc., Lancaster, Pa., the Federal Trade Commission charged the firm with false advertising on radio, tv and other media. The complaint also deals with alleged price fixing, and three antitrust charges on price discrimination, promotional allowances and demonstrator services. Challenged advertising involved an offer of the Lady Schick razor — "free," says the FTC — with purchase of a Schick 25 man's razor. The "Lucky Lady" campaign ran between January and May, according to the Commission. To support its claim that the offer was misrepresented, the FTC said Schick refused to accept trade-ins, in effect raising the price of the Schick 25 model, and in addition raised the price to wholesalers. The complaint noted that consolidated net sales of Schick and its subsidiaries in 1956 exceeded $27.5 million. The respondent has 30 days to answer the government complaint prior to a hearing Dec. 3, in Lancaster, Pa. In August, Schick signed a consent order with the FTC agreeing not to misrepresent free home trial offers and not to sell used razors as new. This order, not an admission of any violation, followed a complaint last spring citing tv network and other advertising. Nordberg Appointed by FCC To Head Common Carrier Bureau John J. Nordberg, chief of the FCC's telephone division since 1955, last week was promoted to chief of the Commission's Common Carrier Bureau, effective immediately. He succeeds Harold G. Cowgill who became chief of the Broadcast Bureau last spring. Mr. Nordberg. a graduate of George Washington U., has been with the FCC < almost continually since 1935 in var MR NOrdberg ious accounting capacities including that of chief of the accounting systems division. During World War II he was on active duty with the Naval Communications Reserve and advanced to lieutenant commander. Booster Comments Limit Extended At the suggestion of the National Community Television Assn. and the request of Colorado Gov. Stephen McNichols, the FCC has extended its deadline for formal comments on proposed rules which would permit restricted use of low power television repeater stations. Last summer, Gov. McNichols visited the Commission and urged approval for vhf boosters as well as the previously proposed approval for uhf boosters. There are several vhf boosters already operating in Colorado under the governor's "authorization" in spite of FCC protests. Comments now are due Dec. 15 instead of Oct. 1; reply comments are due Jan. 14 instead of Oct. 30. Oral Roberts Answers Charges By NAFBRAT in KCOP (TV) Case The issue of religious freedom was injected into the KCOP (TV) Los Angeles renewal case when the Rev. Oral Roberts, evangelist who had been accused of false faith healing, stoutly defended his ministry. And also KCOP urged the FCC to summarily dismiss NAFBRAT's complaint because it was not duly authorized and is solely a censorship attack on KCOP's programming. Mr. Roberts filed a reply to accusations by the National Assn. for Better Radio & Television, which asked the FCC to set the license renewal application of the Los Angeles ch. 13 independent for hearing on grounds that it had failed to meet program standards established by NARTB [Government, Sept. 16]. Among the charges were what the NAFBRAT group called "undocumented faith healing" and "commercial hypnotism" by Mr. Roberts in his program on the station. KCOP, in its Sept. 27 reply to the complaint, emphasized that only one of the organization's board of directors acknowledged that he had prior knowledge of the complaint or had consented to it. The Los Angeles station termed the complaint "an opinionated attack by a small California organization dedicated to censorship of radio and tv." The Los Angeles independent said that the Rev. Roberts was sponsored by no fewer than 1 5 church groups and that he has been on more than 125 tv stations. In answer to another allegation involving a local automobile dealer, KCOP said the dealer had not been found guilty of misrepresentation, and until he was, he should not be denied the use of tv for advertising purposes. It also denied that its commentators were guilty of bias. The gist of Mr. Roberts' defense was that what healing has occurred on his program has been substantiated. He also included in his reply judgments by ministers and others on his work. He indicated as "loaded" the question propounded by NAFBRAT to medical and religious leaders which refers to "undocumented miracles on tv programs such as the Oral Roberts program . . ." The complaint, as it refers to Mr. Roberts, the minister stated, "presents a prejudiced and one-sided point of view." His program, Mr. Roberts said, is viewed by millions of people throughout the United States. He added: "Certainly it is not within the province of the Commission to attempt to make an evaluation of whether the claims of this particular religious group are justified or not . . . Any federal agency which would venture to judge the validity of those views would, by that act, undermine the religious freedom of all Americans guaranteed by the First Amendment to the Constitution . . ." Also pending FCC approval is an application for the sale of KCOP from its present October 14, 1957 • Page 65