Broadcasting Telecasting (Oct-Dec 1957)

GOVERNMENT continued THINKING AHEAD? Rep. John E. Moss (D-Calif.), member of the Committee on Legislative Oversight, must be "loaded for bear" as far as FCC Chairman John C. Doerfer is concerned. At least three times during the early stages of last Thursday's Moulder Committee hearing he addressed CAB Chairman James R. Durfee as "Mr. Doerfer." He apologized when the error was brought to his attention. ment read by Mr. Durfee which justified the procedures established at the CAB for handling requests for information from committee investigators. Key to the controversy, Mr. Durfee stated, was Dr. Schwartz' demand for "unlimited access to all files, documents or communications." Mr. Durfee also alleged Mr. Schwartz threatened him personally. In reciting what the CAB finally decided to produce for the subcommittee, Mr. Durfee said this accounted for "99 and 44/100%" of all its data. Mr. Durfee's earlier position regarding the sanctity of much of the CAB files was rebutted by Dr. Schwartz, who submitted a "memorandum of law" upholding the right of congressional committees to virtually anything they desire from other agencies of the government. He referred to "historic" rulings going back to early English law. He suggested that congressional committees are in the same class as grand juries or earlier "grand inquests." Dr. Schwartz is a professor of comparative law at New York U. and a reputed expert on administrative law. Taking up the cudgels for Dr. Schwartz' position were Rep. Moss and Rep. Moulder. Siding with Mr. Durfee were the Republican members of the committee, Reps. O'Hara, Hale and Heselton. FCC Requests Conference On Moulder Committee Letter The FCC has asked the Moulder subcommittee for a conference regarding the committee's letter to commissioners seeking information on "honorariums, gifts, fees" and other benefits they may have received from companies or individuals in the industries they are supposed to regulate [Government, Oct. 14]. This was disclosed last week by Rep. Morgan E. Moulder (D-Mo.), chairman of the House Commerce subcommittee. The FCC, Mr. Moulder said, has written a joint letter over the signature of Chairman John C. Doerfer, stating that it was impossible to make meaningful and complete answers to the questions raised in the letters. Not only present commissioners were asked for this information, but similar letters were sent to networks, it was ascertained. The House subcommittee has received full and detailed information from the Civil Aeronautics Board, it was announced by CAB Chairman James R. Durfee last Thursday. He made the announcement during the committee's hearing on its right to request and receive virtually all information in the agency's files. Rep. John W. Heselton (R-Mass.), a member of the subcommittee, reported that all committee members were not apprised of the decision to send out the letter. He at first insisted that the letter and the answers be made a part of the public record, but withdrew the second part of the motion when he was reminded that the committee that morning had decided to hold the replies in confidence. The ire of Republican members was especially aroused at the questionnaire technique. At one point in last Thursday's hearing, Rep. Heselton demanded that Dr. Bernard Schwartz, the subcommittee's own counsel, be placed on the witness stand under oath. At another point, Rep. Joseph P. O'Hara (R-Minn.) exclaimed that this was "a lousy thing to do. Never before has any congressional investigating group started out by assuming that everybody is crooked." Sen. Allott Says He Opposes ASCAP 'Monopoly' in Music Sen. Gordon Allott (R-Colo.) flatly opposes "the monopoly that ASCAP (American Society of Composers, Authors & Publishers) seeks in the field of music licensing," he told the NARTB Region 7 meeting at Denver Thursday evening (see NARTB regional story, page 94). "Composers, authors and publishers should be free to choose which licensing organization will represent them just as broadcasters should be free from the dictates of a music monopoly and the exorbitant terms that such a monopoly would dictate," he said. Sen. Allott voiced hope the duties of broadcasters will be spelled out more clearly in the matter of equal time and favored a waiver of the libel laws in matters of political broadcasts "over which you exercise no control." He favored amendment of present laws to relieve small radio and tv stations from overtime provisions of the Fair Labor Standards Act on a par with small-market newspapers. If you are a radio-astronomer (student of astral and planetary radio signals) and want to conduct your celestial studies under the most peaceful and serene circumstances, Green Bank, W. Va., is the place, according to the National Science Foundation, which says the area is almost noiseless and practically free of man-made radiation. The foundation has been looking all over the country for the most suitable place for radio-astronomists to practice their scientific arts. Last week NSF held ground breaking ceremonies at Green Bank for the installation of a $4 million observatory. There, under the auspices of Associated Universities Inc., which is under contract to the National Science Foundation, observers one day will be able to study radio waves emanating from outer space. Initial Decisions Favor Grants Of Tvs in Puerto Rico, Oklahoma FCC Hearing Examiner Hugh B. Hutchison issued two initial decisions last week looking toward grants to the Department of Education of Puerto Rico for a new tv station on commercial ch. 3 in Mayaguez and to Southwest Broadcasting Co. for a new tv station on ch. 8 in Elk City, Okla. In the former case there was a denial of the competing application of Sucesion Luis PiralloCastellanos. Mr. Hutchison noted in the Puerto Rican case that "... the Department (of Education) made a full evidentiary showing respecting its operation of WIPR (San Juan, P. R.) over a period of six years [which] clearly . . . has been meritorious and in the public interest." In the Elk City case, the competing application of Video Independent Theatres Inc. was dismissed without prejudice on Sept. 9; Video received $900 as reimbursement for its out-of-pocket expenses. Examiner Herbert Sharfman last week issued an initial decision looking toward granting North American Broadcasting Co. a new am station (WMNI) on 920 kc with 500 w, in Columbus, Ohio. This decision sets aside an Aug. 29 Memorandum Opinion and Order which postponed the effective date of the previous June 27 grant to North American Broadcasting following a protest by WBAA West Lafayette, Ind. This protest subsequently was dismissed. Tv Delays Evoke FCC Action Further signs of FCC impatience with broadcaster delays in building their tv stations were indicated last week when the Commission wrote KBTM-TV Jonesboro (satellite of KATV [TV] Pine Bluff, Arkansas) asking that outlet to explain why it should not lose its construction permit. The permit was granted Jan. 12, 1955. If KBTM-TV fails to apply for a formal hearing on the matter within 20 days, it will lose the permit. KSLM-TV Salem, Ore., which secured its construction permit Sept. 30, 1953, had its extension request designated for a hearing. To maintain the almost utter absence of man-made noise and radiation at Green Bank, AU has asked the FCC to bar operation of any broadcast stations, except mobile, within a 50-mile radius of the site. AU also has asked the FCC to prevent any tv operation on chs. 14, 53 and 54 within a 150-mile radius of the radio-star gazing. The use of these channels would interfere with maximum reception of all-important hydrogen waves which are transmitted to Earth by "natural forces" in the stars and planets themselves. It appears that these hydrogen waves radiate only on the space between 1,400-1,427 mc. This phenomena makes the band uniquely reserved by nature for the scholars, and they have asked the FCC for an exclusive frequency assignment. WHEREVER YOU GO THERE'S RADIO? Page 92 • October 21, 1957 Broadcasting