Broadcasting Telecasting (Oct-Dec 1957)

GOVERNMENT Post Asks Selma Ch. 8 For Birmingham, Ala. Charging the "total waste of one of the scarce and very important vhf tv channels," the Washington Post Broadcast Div. (WTOP-AM-FM-TV) last Wednesday petitioned the FCC to shift ch. 8 from Selma, Ala. (now held by WSLA [TV]) to Birmingham. The Post charged that "construction has not even been started and probably will never be started" on WSLA by Deep South Broadcasting Co., which holds the grant. The Post pointed out that WSLA has been granted seven extensions of time to construct the station and that, to avoid further delay, its permit should be changed to specify some channel other than ch. 8 if that facility is moved to Birmingham. WSLA first received an authorization in February 1954 to build the station three miles from Selma. Soon after the grant was made, it requested permission to construct its transmitter and a 1,993 ft. tower approximately 50 miles from Selma and 23 miles from Montgomery, Ala. A lengthy hearing ensued (the entire record of the case fills 42 volumes or 4,591 pages) with six parties taking part. On Dec. 12, 1956, FCC Hearing Examiner H. Gifford Irion issued an initial decision recommending that the modification be denied. Oral argument before the FCC en banc is scheduled for this Thursday. "There is immediate need for ch. 8 in Birmingham to assure that the largest city in Alabama and the 27th ranking metropolitan area in the U. S. has three comparable commercial television services," the Post stated and announced plans to apply for the channel if it is reallocated to Birmingham. There currently are two commercial stations operating in Birmingham — ch. 8 WBRC-TV and ch. 13 WABT (TV) — and educational ch. 10 WBIQ (TV). In November 1956, the Post contracted to buy WAGA-AM-FM-TV Atlanta from Storer Broadcasting Co. for $6.5 million. The purchase was conditioned on FCC approval of Storer's buy of WMUR-TV Manchester, N. H., but neither sale was consummated [Government, May 20]. In addition to the Washington outlets, the Post also owns WMBR-AM-TV Jacksonville, Fla. In other allocations actions last week: The FCC invited comments by Jan. 15 on rulemaking to make Walla Walla, Wash., all uhf by deleting chs. 5 and 8, both unassigned. The rulemaking was requested by Cascade Broadcasting Co., which owns ch. 29 KIMA-TV Yakima, ch. 19 KEPR-TV Pasco, ch. 43 KBAS-TV Ephrata, all Washington, and ch. 3 KLEW-TV Lewiston, Idaho. Denied by the Commission were ( 1 ) a petition by ch. 45 WKNE-TV Keene, N. H., to delete educational ch. 11 from Durham, N. H., and assign it to Keene for commercial use and (2) a conflicting proposal by ch. 14 WWOR-TV Worcester, Mass., to shift Durham's ch. 11 to Worcester. Ch. 7 KATV (TV) Pine Bluff, Ark., asked the Commission to shift its facility to Little Rock for use by KATV and reallocate ch. 9 from Hot Springs, Ark., to Pine Bluff. In making the request, KATV pointed out that there are no applications pending for ch. 9. However, Southwestern Publishing Co. (Donald W. Reynolds) last week filed an application for ch. 9 in Hot Springs. Mr. Reynolds owns KFSA-AM-FM-TV Ft. Smith, Ark., plus several other radio and tv stations and newspapers in Arkansas, Oklahoma and Nevada. Video Independent Theatres Inc. formerly held a permit for ch. 9 but turned it in as being economically not feasible. Kohn Suggests Mass Juggling Of Am, Fm, Tv Within Spectrum A total solution to the general spectrum problem was submitted to the FCC last week by an fm broadcaster in Allentown, Pa., who also holds a permit for uhf ch. 67 there. Raymond F. Kohn, president of PennAllen Broadcasting Co. suggested that the FCC— • Move all am broadcasting to fm. • Move all tv to uhf. • Assign present tv chs. 5 and 6 (76-88 mc) to fm to accommodate displaced am stations. • Designate a future date, such as July 1, 1965, as "M-Day" — moving day for am and vhf tv. These moves, Mr. Kohn noted, would also accomplish these solutions to other Commission difficulties: (1) It would abolish duopoly and multiple ownership problems; (2) it would clear away the clear channel and daytime broadcasting cases; (3) it would equalize the facilities of all broadcasters ("Imagine Madison Avenue having only one yardstick— the station with the largest audience because it has the best programming!"). Mr. Kohn submitted these thoughts in a letter to the FCC in response to the comments filed three weeks ago in the 25-890 mc study [Government, Dec. 2]. The Allentown broadcaster acidly termed these comments as "pleas for either maintaining an intolerable status quo or, worse yet, patching badly-patched patches with more patches." Two years ago Mr. Kohn offered the use of his WFMZ-TV Allentown as a test station for pay tv. WFMZ-TV began operating in the East Central Pennsylvania Lehigh River area in December 1954 and ceased six months later. More recently he has been warning broadcasters that if they continue to oppose toll television it will be acquired by motion picture exhibition and other nonbroadcast interests. Celler, Keating Ask Restraint In Sunday Baseball Tv Plans Major league baseball last Wednesday was asked to "exercise individual selfrestraint" in plans to televise Sunday baseball games via CBS-TV into minor league territory next spring and summer. In a joint statement, Rep. Emanuel Celler (D-N. Y.), chairman of the House Judiciary Committee and its Antitrust Subcommittee, and Rep. Kenneth B. Keating (R-N. Y.), ranking minority member of both committees, said: "We intend in January to discuss with the Attorney General and major and minor league officials the antitrust issues involved. We will then determine whether legislation is necessary and appropriate." The congressmen asked that, in the intervening period, no contracts be signed by the majors for Sunday television which will impede consideration of the problem. The Sunday television plans "jeopardize the welfare of the entire sport [of baseball and] . . . will severely undermine minor league baseball in this country," they stated. After CBS-TV and the major leagues had made known their plans to televise Sunday games next year, minor league executives immediately protested to Reps. Celler and Keating [Networks, Dec. 9]. Both CBSTV and NBC-TV have telecast a Saturday major league game in minor league cities for several years, but there has not been a Sunday telecast in the past. WATV (TV) Asks FCC to Ignore New York State Bid for Ch. 13 WATV (TV) Newark last week asked the FCC to disregard the request of the New York State Board of Regents asking that ch. 13 Newark, N. J., be changed into a New York City educational channel. The New York Regents two weeks ago asked the FCC to institute rule-making to switch ch. 13 from its present commercial status to a reserved, non-commercial educational allocation [Government, Dec 9]. WATV, operating on ch. 13 from the Empire State Bldg. in New York City, has been sold, together with its affiliated WAATAM-FM. to National Telefilm Assoc. for $3.5 million. An application for approval of this transfer is pending before the Commission. In a supporting brief, the owners of WATV pointed to "the demonstrated incapacity" of the Regents board to build even one of the seven tv stations for which it now holds permits. New York State has had grants for uhf educational outlets since 1952. There is no money for this construction and little hope of any from the New York legislature, the New Jersey station stated. Furthermore the condition which the Regents board agreed to accept, that it would begin operation of a ch. 13 educational station by Sept. 30, 1958, is "impossible," WATV declared. If the channel is changed, the ch. 13 outlet said, other applications undoubtedly would be submitted. This would require a hearing, which could not be concluded and the station built by that date. WATV added it had disclosed no intention of making its equipment and facilities available to the Regents. This would mean further delay while the Regents, if successful in winning the grant, look for a site and build the station, WATV said. The Newark station added that the Regents appear to have based their petition on the "mistaken" premise that the proposed plan would be accomplished without finan Page 56 • December 16, 1957 Broadcasting