Broadcasting Telecasting (Oct-Dec 1957)

GOVERNMENT continued stations to be 10 miles or more from the site of a ch. 4 or 5 broadcast transmitter, but also say that not enough data is known regarding siting closer than that. Allocated for fixed stations, 72-76 mc is between chs. 4 and 5 in the spectrum. Hennings Recuperates in N. Y. Following Mild Cerebral Spasm Sen. Thomas Hennings (D-Mo.), sponsor and co-author of the "clean elections bill" (S 426), collapsed at a Senate subcommittee hearing on juvenile delinquency in New York last Wednesday with what a hospital official described as a "mild cerebral spasm." The senator was taken to BeekmanDowntown Hospital, and his office announced Thursday that he planned to remain in the hospital for "rest and quiet for a few days." His doctor, describing the senator's condition as "excellent," said the attack was brought on by "excessive fatigue and a virus infection." The Senate Rules Committee, of which Sen. Hennings is chairman, favorably reported out the election bill last summer [Government, July 8]. Among other things, the bill would provide broadcasters relief from libel in political broadcasts, revise the current equal-time rules and increase the amount of money candidates may spend in election campaigns. Supreme Court Review Sought In California Union Dispute Machinery was set in motion last week to obtain a review by the U. S. Supreme Court of the California Supreme Court decision that state courts have the authority to enjoin employers of musicians in California from sending money out of the state for payments to the music performance trust fund of the American Federation of Musicians [Personnel Relations, Nov. 11]. The California decision favored efforts of members of AFM Local 47 in Hollywood to upset the union requirement that makers of films and recordings may not employ AFM members without making payments to the trust funds. In seeking a further review, the decision is being contested by the AFM and O'Melveny & Myers, attorneys for CBS, NBC, RCA, California National Productions, Paramount Productions and Capitol Records. Lee Criticizes Three Stations Three radio stations received license renewals from the FCC last week but got a verbal spanking from FCC Comr. Robert E. Lee. Mr. Lee, who voted to send each of the three stations McFarland letters to indicate the necessity of a hearing, said that in one case he figured the station was broadcasting 17 spots an hour on a 24-hour basis, or 22.5 spots per hour on a more normal 18hour day. In another case, Mr. Lee said he noticed that the station programming indicated some 15 minute segments with four minutes of "sell." "That's going too far," Mr. Lee said. The three stations are WCAW Charleston, W. Va., WEBB Dundalk, Md., and WQOK Greenville, S. C. NATRFD Forum Hears Lee's Plea For NARBA Hopes that daytime stations will follow the lead of clear channel outlets and withdraw opposition to pending NARBA and U. S.-Mexico radio agreements and that multiplexed fm can be used for civil defense communications were expressed by FCC Comr. Robert E. Lee in an address to the National Assn. of Tv & Radio Farm Directors Dec. 1 in Chicago (see page 50). Comr. Lee noted the North American Regional Broadcasting Agreement and U. S.Mexico treaty are before the Senate for ratification and said he feels both agreements "provide better opportunities for many daytime stations." He also declared that "the entire standard broadcast spectrum is endangered by our delays in ratification and implementation." Comr. Lee cited the need for a good technical grade of service to farmers, claiming, "It is apparent that the farmer will continue to devote more time to listening than to viewing." He expressed a personal interest in fm and termed the resurgence of interest in the aural service "heartening." "I feel that a national net of multiplexed fm stations may some day provide an ideal civil defense communications network, whereby civil defense information not intended for broadcast can be multiplexed on fm carriers and sent from station to station across the country, completely without the use of wire lines and congested central telephone terminals," Comr. Lee predicted. "When the day arrives that fm receivers are as common as automobiles, they will be of invaluable assistance in times of emergency." Meanwhile, he pointed out, the Conelrad emergency alert system is in readiness in the event of enemy attack and "will make at least one fairly good grade of service available day or night to almost all areas of this country." Comr. Lee felt large-city broadcasters can make the science of farming more attractive to urban youths. Another service radio and tv provide both city dwellers and farmers is protection from unscrupulous businesses. He cited a cooperative program between the St. Louis Better Business Bureau and local radio-tv stations as an example of such public service. Comr. Lee also suggested broadly that "big city stations can expand their public service programming to encompass farm programming directed to the weekend farmer." FCC Prepares Answers on Miami The FCC announced last week that it has instructed its staff to prepare orders denying the petitions of South Florida Television Corp. and East Coast Television Corp. for reconsideration and rehearing of its June 21 revised decision upholding its 1956 grant of Miami, Fla., ch. 7 to Biscayne Television Corp. (now WCKT [TV]). Both petitioners were unsuccessful applicants for the Miami vhf channel. The Commission also instructed its staff to deny a petition by ch. 17 WITV (TV) Fort Lauderdale, Fla., for re consideration of the Commission's June 21 order denying the Fort Lauderdale uhf's request that WCKT be forced to suspend operation and to reopen the ch. 7 hearing with WITV as an intervenor. WHEC-TV, WVET-TV Application For Ch. 27 Rochester Dismissed A joint application by WHEC-TV and WVET-TV, both Rochester, N. Y., for ch. 27 there was dismissed last week — almost two years to the day after the application was filed — at the request of the stations. The Rochester outlets, sharetime operators on ch. 10, filed the uhf request Dec. 8, 1955. This action came after the courts, acting on the protest of WSAY Rochester, had remanded the ch. 10 decision back to the Commission for further study. At that time, Sec. 309 (c) of the Communications Act required that when a protest against an operating station was granted, the Commission had no choice but to order the station off the air. However, in 1956, Congress amended the rules and left the decision of forcing a station off the air in such a case up to the FCC's discretion. The Commission, in turn, did not order WHEC-TV and WVET-TV to cease operating and has since issued a second decision reaffirming its original grant, made in 1953. Disqualification of Competitor For Ch. 2 Asked by KTVI (TV) KTVI (TV) St. Louis (ch. 2, temporary) has asked the FCC to dismiss the competing application of Louisiana Purchase Co. because almost 10% of the latter firm is owned by St. Louis Amusement Co. which, according to KTVI, is still after ch. 11, same city, in another proceeding. [Government, Dec. 2, Oct. 28.] St. Louis Amusement, which once withdrew from the struggle for ch. 11, later unsuccessfully protested when winning applicant CBS simultaneously relinquished ch. 1 1 to 220 Television Inc. and bought KWKTV on ch. 4. Because of this, KTVI claims that St. Louis Amusement is involved in multiple applications which are against Commission rules. Louisiana Purchase says, however, that it has not been demonstrated that its stockholder, St. Louis Amusement, has actual standing as an applicant, and is expected to dispute the charge at either a Jan. 10 pre-hearing conference or at the actual hearing Feb. 28. Jefferson Seeks Channel Shifts Jefferson Standard Broadcasting Co. last week asked the FCC to allot it an additional vhf tv channel (8) at Greensboro, N. C, by taking ch. 8 from Florence, S. C, and moving ch. 13 to Florence from Charleston, S. C. Charleston, in turn, would get ch. 8, but for educational use. Jefferson Standard is a wholly owned subsidiary of Jefferson Standard Life Insurance Co. and is the licensee of WBTV (TV) Charlotte, N. C, WBTW (TV) Florence, WBIG Greensboro, and owns a minority interest amounting to almost 17% of WFMYTV Greensboro. Page 72 • December 9, 1957 Broadcasting