Broadcasting Telecasting (Oct-Dec 1957)

GOVERNMENT continued FCC ASKS VIEWS ON DBA PETITION • Daytimers ask longer hours • Move follows Senate 'order' Three months after receiving a Senate "order" to take action, the FCC last week invited comments on a petition by Daytime Broadcasters Assn. for extended hours of operation. Specifically, the DBA proposal asks that daytime stations be permitted to operate from 5 a.m. or local sunrise (whichever is earlier) to 7 p.m. or local sunset (whichever is later). Current rules require them to signon no earlier than sunrise and sign-off no later than sunset. Respondents were given until March 18, 1958, to comment. Last September, a Senate Small Business Subcommittee headed by Sen. Wayne Morse (D-Ore.) severely criticized the Commission for inactivity on the DBA petition, filed Dec. 9, 1955 [Government, Sept. 16]. The subcommittee's report accused the FCC of "unwarranted and inexcusable delay"; favoring "dominant" members of the industry; being unfair to daytime broadcasters, and an "attitude of indifference and negative approach." In its order, the FCC pointed out that the proposal has a definite bearing on two other pending cases — the clear channel and daytime skywave proceedings. At issue in these cases is the utilization of clear channel stations to serve extensive rural and sparsely populated areas at night and whether skywave radiations during the pre-sunset and post-sunrise hours necessitate added restrictions on daytime stations. A third factor to be considered, the Commission said, is the implication of the DBA proposal in relation to North American Regional Broadcasting Agreement. There now are approximately 1,300 daytime stations on the air, 800 assigned to regional channels, 100 to U. S. clear channels and 400 to clear channels on which other North American countries have priority. When the current NARBA came up for Senate ratification last summer, a powerful opposition witness was Ray Livesay, WLBH Mattoon, 111., and DBA board chairman [Government, July 15]. On the strength of Mr. Livesay's testimony, according to Comr. Rosel Hyde, the Senate failed to ratify NARBA [Government, Aug. 19]. The DBA proposal, the Commission said, raises the question whether the public interest would be better served by permitting all daytime stations to broadcast after local sunset and before local sunrise despite resultant interference to unlimited time stations, or whether the public interest would be better served by retaining the present rules forbidding the operation of daytime stations during the nighttime hours. In this respect, the FCC asked that comments include "reasonably complete and accurate data indicating: "(a) The times during which, the areas in which and the populations for which LIBRARIAN of Congress L. Quincy Mumford (r) looks at one of 397 reels of tape being presented him by Arthur Hull Hayes, president of CBS Radio. The tapes represent a complete record of CBS broadcasts May 13-26 and are being added to the library's audiovisual reference collection. Programs during the two weeks included two reports by President Dwight D. Eisenhower, news, documentaries, music from abroad and a Democratic political quiz featuring Adlai Stevenson, Harry Truman and other party leaders. the DBA proposal would result in added primary service. "(b) The extent to which such primary service gains would occur where no other primary service is available (1) from any other station and (2) from any other station located in the same city or town. "(c) The periods during which, the areas in which and the populations for whom primary service available under present rules would be subjected to objectional interference [to the signals of clear channel stations]. "(d) The extent to which the foregoing losses of service would occur in areas and for populations receiving no other primary service. "(e) A showing similar to (c) and (d) with respect to losses of skywave service within the 0.5 mv/m 50% skywave contours of Class I stations. "(f) The extent to which limitations set out in the . . . international agreements would be infringed. "(g) Views of the parties concerning the need for the additional services which would be made possible by extending the hours of operation of daytime stations and the effect on the public interest of the consequent losses of service from other classes of stations." In related DBA petitions regarding the clear channel and daytime skywave proceedings, the Commission (1) granted a DBA request to consolidate that portion of the clear channel case dealing with daytime stations operating on clear channels with the DBA rulemaking; (2) granted a request to defer action on certain proposed restrictions on the daytime skywave radiations toward protected clear channel stations; (3) denied a request to consolidate the DBA and sky wave proceedings; (4) denied a petition to dismiss the clear channel proceedings, and (5) denied a request to terminate the freeze on the assignment of daytime stations on clear channels. Comr. Robert E. Lee dissented to the Commission order instituting rulemaking on the DBA petition. Magnuson Promises Further Tv Probing "Further inquiry into television" is expected to occupy a prominent place in the work of the Senate Interstate & Foreign Commerce Committee during the coming session of Congress, according to Chairman Warren G. Magnuson (D-Wash.). In a statement being released today (Monday), Sen. Magnuson outlined the plans of the committee for 1958. He expressed hope the report on proposed reallocation of the television frequency, prepared by a special committee headed by Dr. Edward L. Bowles of Massachusetts Institute of Technology, would be ready early in the second session of the 85th Congress. Preliminary drafts of this report have been in the hands of committee members several months, with some unofficially expressing disapproval of certain conclusions therein. The question of pay tv will receive "serious attention" from the Commerce Committee, the chairman said. While acknowledging that several members of the committee are opposed to toll tv, Sen. Magnuson said he believes the proposal should be given a fair trial to determine whether it will be approved by viewers. Sen. Strom Thurmond (D-S. C), a committee member, last session introduced a bill (S 2268) which would prohibit pay tv and has announced plans to push for passage of the measure during the congressional term beginning Jan. 7. (Chairman Oren Harris [D-Ark.] already has announced that his House Interstate & Foreign Commerce Committee will hold hearings on pay tv next month.) Sen. George A. Smathers (D-Fla.), of the Senate committee, has pending a bill (S 2834) which would prohibit networks and stations from owning stock in music publishing and recording firms. Sen. Magnuson stated that this bill is due consideration by the committee. At the time it was introduced, he said hearings probably would be held on the matter in January [Government, Aug. 26]. At the present time, however, the committee has no hearings scheduled on proposed legislation affecting the broadcasting industry. Another bill (S 376) mentioned by Sen. Magnuson as due consideration is one by Sen. John Bricker (R-Ohio), ranking minority member of the committee, which would require FCC regulation of the radio and television networks. Ignored completely in the chairman's statement is SJ Res 106, introduced by Sen. Charles Potter (R-Mich.), also a committee member. This measure, plus an identical one introduced in the House by Rep. Page 66 • December 23, 1957 Broadcasting