Broadcasting Telecasting (Oct-Dec 1957)

GOVERNMENT continued Judge Issues 'Show Cause' To Radio-Tv Columnist Federal District Judge Sylvester Ryan of New York last week signed an order returnable tomorrow (Tuesday), calling on Marie Torre, New York Herald-Tribune radio-tv columnist, to show cause why she should not be held in contempt of court. Judge Ryan's action followed a refusal by Miss Torre in pre-trial examination to reveal the source of an item printed in her column last January concerning actresssinger Judy Garland. Before signing the order, Judge Ryan indicated the question of privilege for newsmen should be reviewed by higher federal courts, and counsel for Miss Torre said he plans to "get the most final and most adequate test of this question by the highest court possible." Miss Torre faces a sentence of 30 days in prison if she is held in contempt of court tomorrow. Last January, Miss Torre wrote an item, quoting an unidentified CBS executive in allegedly derogatory remarks about Miss Garland. The latter sued CBS in U. S. District Court last March, asking $1,393,000 alleging breach of contract and libel and citing Miss Torre's column as part of her evidence. In pre-trial examination, Miss Torre has declined to name the "unidentified CBS executive" she quoted, claiming the constitutional right of freedom of the press gives a reporter the privilege to protect his confidential sources of information. Charity Ads Not Deductible For Tax Purposes, IRS Says Advertising space donated to a charitable organization cannot be deducted from income taxes as a contribution, the U. S. Internal Revenue Service says in a ruling made for a newspaper but applicable to all media. To come within the deduction allowance of the revenue code, IRS says, a contribution must be a gift of property. By publishing free ads, a newspaper is not donating property but "merely rendering a service," the government says in a ruling requested two years ago and published last week. Keystone Printing Service Inc. (Waukegan [111.] News-Sun and WKRS Waukegan) asked for the official guidance. Advertisements for charitable institutions customarily are accounted for under operating expenses on income tax returns, IRS says. This also applies to broadcast pre-emptions. Half-Hour Conelrad Tests Set In 16 Air Defense Divisions A 30-minute Conelrad test will be conducted in each of the 16 air divisions of the Air Defense Command, the FCC announced last week. The first test, from 1-1:30 a.m. local time (all 16 tests are scheduled at this same time), will be held Nov. 4 in the 29th Air Div. (Montana, Wyoming and the western parts of North Dakota, South Dakota and Nebraska). The final test, Jan. 13, will cover the 30th Air Div. (southeastern Great Lakes area). Each participating station will be contacted prior to the tests by the Federal Civil BOXSCORE STATUS of comparative hearing cases for new tv stations before FCC: AWAITING FINAL DECISION: 1 Beaumont, Tex., ch. 6 (9-30-57). AWAITING ORAL ARGUMENT: 8 (Figures in parentheses indicate dates initial decisions were issued.) Coos Bay, Ore., ch. 16 (7-20-56); Hatfield, Ind.-Owensboro, Ky., ch. 9 (2-18-57); Onondaga-Parma, Mich., ch. 10 (3-7-57); Toledo, Ohio, ch. 11 (3-21-57); Cheboygan, Mich., ch. 4 (6-21-57); Buffalo, N. Y., ch. 7 (9-13-57); Lubbock, Tex., ch. 5 (9-9-57); Mayaguez, P. R., ch. 3. IN HEARING: 7 Alliance, Neb., ch. 13 (6-6-57); Greenwood, Miss., ch. 6; Elk City, Okla., ch. 8; Ogden, Utah, ch. 9 (7-3-57); Baton Rouge, La., ch. 18 (7-11-57); Elko, Nev., ch. 10 (7-1157); Beaumont-Port Arthur, Tex., ch. 12. IN COURT: 10 (Appeals from tv grants in U. S. Court of Appeals, Washington.) Portsmouth, Va., ch. 10; Miami, ch. 10; Knoxville, Tenn., ch. 10; Boston, ch. 5; Springfield, 111., ch. 2; Charlotte, N. C, ch. 9; Biloxi, Miss., ch. 13; New Orleans, La., ch. 4; Orlando, Fla., ch. 9; Indianapolis, Ind., ch. 13. Defense Administration. They are designed to provide a training exercise for station personnel, test equipment and give civil defense personnel programming experience. Doerfer Makes Strong Attack On Protest Rule, Cites Abuses FCC Chairman John C. Doerfer used the ugly word "extortion" last week in referring to the abuses to which the 1952 protest (Sec. 309[c]) rule have been put. "You know and I know," Mr. Doerfer told a jampacked luncheon meeting of the Federal Communications Bar Assn. in Washington, "that money passed hands." In a strong plea to have Sec. 309(c) of the Communications Act repealed— a stand he has maintained for the last several years — Mr. Doerfer stated that the manner in which Sec. 309(c) has worked would be a "fit subject for congressional investigation." The protest rule, Mr. Doerfer said, has involved 72 cases and has cost the government almost $72,000 since Jan. 20, 1956. This has involved 11,395 professional manhours and 5,596 of non-professional manhours on the part of the staff, and 1,300 professional manhours and 252 non-professional manhours by members' staffs. The gist of Mr. Doerfer's speech — his first to the FCBA since he became FCC chairman last July — was that the 1952 amendments, particularly the protest rule, gave precedence to private rights over that of the public. They have also served, he said, to delay service to the public. Michigan Firm Used False Ads, FTC Examiner's Decision Finds Michigan Bulb Co., Grand Rapids, Mich., cited in a 1955 complaint by the Federal Trade Commission for false advertising on radio and in other media, has been ruled against by a hearing examiner. The FTC examiner, whose initial decision is subject to Commission action or appeal, said that Michigan Bulb falsely advertised its nursery stock. Rose plants offered by the firm did not meet ad claims and in some cases were immature and unlikely to survive or were dead, he said. The examiner also called Michigan Bulb's refund offer misleading. The firm, according to the FTC official, does more than $1 million business annually and uses the names, Dutch Bulb Importers, Rapid Specialties Co. and Flower of the Month, as well as Michigan Bulb Co. WLOI Newsman Fined, Jailed For Implying Court 'Collusion1 An Indiana radio newscaster was fined and sentenced to jail by a county circuit court last Wednesday after implying "collusion" in a murder trial. The newscaster, Jean LaGrange of WLOI La Porte, Ind., was cited for contempt of court after presenting a tape recorded interview with Robert L. Johnston, charged with killing a cab driver. Judge Harry Long, La Porte Circuit County Court, fined Mr. LaGrange $250 and sentenced him to 45 days in jail. Then he declared a mistrial. Mr. LaGrange said collusion was suggested involving the defense attorneys, prosecutor and judge, and noted collusion in any instance "is not ethical." In the tape presentation the defendant reported his counsel told him he could get a suspended sentence if he would plead guilty to manslaughter. Federal Agencies Allowed to Buy Advertising to Recruit Personnel The Civil Service Commission last week told federal agencies they may use paid advertising to recruit scientists and engineers. The move relaxes a long-standing CSC prohibition of paid ads and comes as part of a government effort to fill a shortage of scientists and engineers. The new policy will have limited application to general circulation media, however, because the Commission specified that advertisements are to be used in connection with recruiting trips to localities. In addition, use of advertising will be limited by funds available to government agencies under present appropriations. The total amount to be spent to recruit government scientists and engineers is not likely to be large, according to a commission spokesman, who estimated billings would not amount to many thousands of dollars for all agencies together. Guides to the use of advertising will be issued by the government. Electronic engineers fall within the "extreme shortage" category, CSC said. Haggarty Asks FCC for Ch. 2 George Haggarty, owner of KPTV (TV) Portland, Ore., last week asked the FCC for permission to switch from ch. 12 to ch. 2 which recently was assigned to that city. Mr. Haggarty bought KPTV from Storer Broadcasting Co. last April for $1.89 million. Page 72 • October 28, 1957 Broadcasting