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60 (GOVERNMENT)
interpretation was in the form of a public notice which, in legal minds, raised the question of whether it can be appealed or not, since it is an opinion and not an order.
The lawyers' indignation with the procedure followed in issuing the notice boiled over early in the week, with FCC Chairman Frederick W. Ford its target. An FCBA committee on expediting FCC processing had met with Mr. Ford to discuss this subject. Before the meeting ended, lawyers voiced their complaints that the FCC had aborted the procedural protection of the Administrative Procedures Act in issuing the interpretation in the form it did.
Broadcasters' questions to their attorneys and to the FCC took many forms.
The most prevalent was the question of free records and the need to identify them on the air as such. A major plaint was how must the identification be made? In what form? In what words?
Other queries and complaints ran the gamut. Some of them:
• How to handle network feeds, or syndication film. Must an affadavit be required from the network and the syndicator that no consideration or services have been received by the program originator? Will this be acceptable to the FCC as holding the licensee blameless in case some hanky-panky is involved?
• Why is the FCC trying to put radio and tv news reporters at a disadvantage with their newspaper competitors? Why single out radio-tv newsmen as having to pay their own way into everything or refusing to accept a handout on penalty of having to announce these facts as consideration? Why must radio-tv critics or commentators have to pay their own way into movies, theatres or state fairs, when newspaper and magazine colleagues are not so required?
• How about a record hop for charity? Must the station make announcements that it stands to benefit from the publicity?
• If there must be a commercial spot for each free record played, won't that overload the station's composite week log on spot announcements? The station will then open itself for citation by the FCC for overcommercialization.
• If a station buys records at a discount— through bulk buying — must that be counted as a free record?
• When a station covers a state fair, must this remote be classified as commercial because the station stands to accrue some commercial business from exhibiting farm implement companies, fertilizer plants or seed suppliers?
• Government agencies flood stations with press releases, invitations to junkets, and special events. Must these all
BROADCASTING, March 28, 1960