Broadcasting Telecasting (Oct-Dec 1957)

GOVERNMENT continued LEGAL QUESTION If the FCC approves an action, can the Justice Dept. properly attempt to have it put aside? That was the question argued last week before a federal judge in Philadelphia when RCA-NBC moved for dismissal of the government's antitrust suit against the network. Involved is NBC's 1955 acquisition of the Westinghouse stations in Philadelphia in exchange for NBC's stations in Cleveland. RCA-NBC attorney Bernard Segal charged that the FCC and the Justice Dept. differ in their views on what constitutes an antitrust violation. Justice Dept. lawyer Bernard M. Hollander claimed that it is up to the courts to enforce the Sherman Act and that the FCC does not have the power to do so. Judge William H. Kirkpatrick reserved decision. Political Controversy Raised In Hearing on WGAV Grant The issue of whether a pre-recorded political broadcast was improperly edited became a main factor in an FCC hearing last week on the protested grant to Walter T. Gaines of a new am station (WGAV) in Amsterdam, N. Y. WCSS Amsterdam protested the grant, questioning among other things the financial and personal qualifications of Mr. Gaines, formerly general manager of WCSS. WCSS also charged that Mr. Gaines violated various FCC rules while he was general manager of the station. In support of this contention, Donald Campbell, state assemblyman, testified that while seeking re-election he pre-recorded a speech at the station in October 1954. The tape was to be used for two broadcasts. During the second broadcast "When it came to a portion to which I knew Gaines objected, there was no sound," Mr. Campbell stated. "Finally the sound came back on. About 40 words were left out." Mr. Campbell said he immediately called WCSS and attempted to buy the tape but was told that he would have to see Mr. Gaines. The following week, he said, Mr. Gaines told him the tape had been erased. Earlier in the hearing, Mr. Gaines had testified that he knew nothing of what happened to the tape and denied censoring it or instructing any WCSS employe to do so. Last Sept. 18, the Commission stayed the effective date of its grant to Mr. Gaines. After a hearing last Monday-Wednesday, Hearing Examiner Elizabeth Smith ordered the record closed in the case. ASP Asks WLBT (TV) Tower Okay The Air Space Panel of the Air Coordinating Committee has recommended FCC approval of the WLBT (TV) Jackson, Miss., request to build a new tower 1,529 feet above ground, southwest of Hawkins Field Page 60 • December 2, 1957 there; this would replace the station's old tower northeast of Jackson. Lamar Life Broadcasting Co., WLBT licensee, was asked by ASP as part of its approval of the tower request, to meet certain safety stipulations, including demolition of the old WLBT tower so as not to interfere with a new airport to be built in the vicinity. KCOP Tv Amends Program Plans Pending Purchase of KCOP (TV) KCOP Tv Inc., which is seeking FCC approval to purchase KCOP (TV) Los Angeles from the Copley Press, last week amended its proposed programming schedule to reflect changes it plans to make in the station's present schedule. The Commission had asked for this additional information following a protest by the National Assn. for Better Radio and Tv, which claimed the present KCOP programming is not in the public interest [Government, Nov. 25]. Kenyon Brown, who will own 25% of the station and become president if the transfer is approved, told the FCC the following changes will be made in the KCOP programming: "(1) Change the ratio between commercial and sustaining time by decreasing the amount of time devoted to commercial programs and increasing the amount devoted to sustaining programs; (2) increasing the amount of time devoted to programs of a purely public service nature; (3) increasing the percentage of broadcast time in what KCOP Tv Inc. considers the critical program categories, i.e., religious, educational, discussion and news categories, and (4) increasing the ratio of non-commercial to commercial spot announcements." Mr. Brown said he will reside in California and will be active in the day-to-day operation of KCOP. (Mr. Brown and his partners, Bing Crosby, George Coleman and Joseph Thomas sold KFEQ-AM-TV St. Joseph, Mo., so Mr. Brown's time could be spent in the operation of KCOP [At Deadline, Aug. 26].) He also said that Alvin G. Flanagan, currently assistant general manager of KCOP, would become general manager upon Commission approval of the sale and that the present general manager no longer would be associated with the station. FCC Reaffirms KGHL-TV Grant, Denies Protests of KOOK-TV The FCC reaffirmed a November 1955 grant to KGHL-TV Billings, Mont. (ch. 8), and at the same time denied (for the second time) protests of resident KOOK-TV Billings (ch. 2), which has maintained that city could not support two outlets. Last spring the Commission affirmed the original grant to KGHL-TV, saying that it is "entirely inappropriate" for FCC to consider "the effect of a competitive service" because of limitations imposed in the Communications Act [At Deadline, April 22]. Last week it repeated this position. ONE DAY STAND American communications scientists shot an ion layer into the sky last week in a test designed to determine whether long distance skip-wave radio communications can be established during the daytime. An Air Force AerobeeHi-Hi rocket was sent more than 80 miles above the earth to discharge a cloud of sodium vapor, which was used to bounce radio signals over long distances. Hundreds of amateur radio hams participated in the test. Skip transmissions whereby radio waves are reflected off the ionosphere for long distances occur only at night; scientists believe sunlight dissipates the ionized layer during daylight. Black Ceases Operation of KTHE Pending Resolution of License William S. Black, charged by the FCC with illegally operating KTHE Thermopolis, Wyo., which he acquired without FCC approval following his purchase of the station's equipment for $5,000 at a July 5 bankruptcy sale, has complied with Commission orders [Government, Nov. 25] and taken the station off the air. According to the FCC last week, Mr. Black had requested that he be informed of the requirements necessary for him to resume broadcasting activity with KTHE. The Commission wired Mr. Black in reply that he has no authorization for direct or indirect operation of the station pending a decision on his application for assignment of the license. The Commission noted it would send a letter indicating the deficiencies in Mr. Black's application for the license. Satellite Can Broadcast Tv From Space, Says Navy's Hagen Dr. John P. Hagen, director of the Navy Vanguard satellite project, last Tuesday predicted in testimony before the Senate Preparedness Subcommittee that an artificial satellite whizzing around several hundred miles in space one day will broadcast tv programs covering the whole U. S. The subcommittee is holding hearings on the nation's satellite program. Such a satellite will have "very great military implications," Dr. Hagen added, and "is an obvious thing that will be done some day." Several proposals have been put forth in the past for a system of tv transmitters which would relay signals from outer space [Government, Oct. 14]. FCC Deletes Two Tvs FCC has announced the deletion of ch. 69 WPKN (TV) Pekin, 111., and ch. 10 KABL-TV Helena, Mont., because both permittees have failed to file for extensions of construction permits or show any evidence of intention to build. The two deletions raises the totals to 152 uhf and 40 vhf stations canceled. Broadcasting