Broadcasting Telecasting (Jul-Sep 1960)

HARTKE SEEKS STUDY OF FCC Charges 'chaos' in spectrum allocations Supreme Court. In addition, he has gained state renown as the author of several legal articles published in law periodicals. In 1946, he received wide recognition for an article on Michigan law during the war years, designed to bring returning servicemen-lawyers up to date on state legal developments. GOP Activities ■ Mr. King has been an active Republican in state circles and in 1952 headed the Michigan Robert A. Taft for President Club. That same year, he also was an unsuccessful candidate for the state supreme court. "I was highly unsuccessful," he remembers. He has never been a candidate for nor held any other elective or appointive political office. A neophyte to the broadcasting industry, Mr. King freely admits that his only experience with radio and tv has been an occasion stint in front of the camera or microphone on panel or news shows. He also disclaimed any particular knowledge of the unique problems of the FCC and the industry it regulates. The commission's annual summer hiatus was well received by the new commissioner as a chance to give him time to "bone up" on commission activities. "The August recess certainly will give me a long period during which I can acclimate myself, get my feet on the ground and learn what the FCC is all about," Mr. King said. "Fm sure the problems before the commission are going to be new to me and will require a great deal of homework on my part to act intelligently." Mr. King, who is taking a leave from the college to serve on the FCC, tentatively plans to come to Washington about July 15 although the date he will be eligible to be sworn in is still indefinite. When asked if he would be susceptible to a full seven-year appointment to the FCC if the Republicans win in November, Mr. King said only "That's a bridge I am going to have to cross when I come to it." His present plans, he pointed out, are to return to Detroit College of Law when the Doerfer-Mills-King term expires a year from now. Dominoes, Golf Are Hobbies ■ Ts there anybody in Washington who plays dominoes?" Mr. King asked while being interviewed about his new job. He confessed that a friendly game just about every day with his lunch will be one of the things he will miss the most upon leaving Detroit. Mr. and Mrs. King (the former Ouida Tolls of Detroit, whom he married in 1933) enjoy a round of golf together as often as possible. He shoots in the high 80's, about 1 0 strokes better than Mrs. King's usual score, and is on the board of directors of the Colony Gowanie Golf Club. There is "chaos" in many parts of the telecommunications field and "serious overlapping" by government agencies. Sen. Vance Hartke (D-Ind.) said in introducing last week a resolution (SJ Res 211) calling for a five-man Commission on Organization of the FCC & Telecommunications Management to study: ■ The organization and method of operation of the FCC and the laws applicable to that agency; ■ The allocation, management and control of the radio spectrum under the Communications Act to determine how the frequencies may be used to the maximum degree; ■ The role of the federal government in management of U. S. telecommunications resources; ■ The organizational setup for carrying out government responsibility, particularly the "division of responsibility" under the Communications Act to determine whether changes should be made in existing organizations and/ or the law to improve management of such resources. ■ Present FCC methods and procedures used in carrying out its broadcast and non-broadcast functions to determine if any changes should be made to insure "efficient and orderly administration." Two members of the five-man group would be appointed by the President, one by the FCC, one by the president of the Senate and one by the speaker of the House, and would make a report and recommendations to the President within six months on any changes it feels are needed in the FCC or other government agencies. An identical report, leaving out classified data, would be made to Congress. Sen. Hartke, a member of the Senate Communications Subcommittee, said the FCC is "hampered by split decisions and by lack of power to function in some fields of communications, sharing authority with a variety of agencies." Radio transmissions to and from outer space are overcrowding an alreadyovercrowded field, he said, adding that "no single individual or group of individuals knows what parts of the broadcast band are being used and on whose authority." He said he planned to offer "some kind of legislation" next year to try to "straighten out" communications problems, but that, meanwhile, a study is "essential." Sen. Hartke said the radio communications field has "grown like Topsy," with overlapping of agencies and of civilian and military control. Legislation of "some kind" must come soon, he said, "perhaps centralizing authority and clarifying development." Sen. Hartke's resolution differs from resolutions introduced last year by Sen. Warren G. Magnuson (D-Wash.) and Rep. Oren Harris (D-Ark.), chairman respectively of the Senate and House commerce committees, in that the two resolutions last year (S J Res 76 and H J Res 331) did not call for study of the FCC organization and functions. S J Res 76 and R J Res 331 envisioned possible reallocation as between government and non-government uses. Sen. Hartke's proposal is in more general terms. Magnuson and Harris proposals provided for appointment of a five-man commission by the President, who would appoint only two members under Sen. Hartke's plan. The Hartke resolution also differed substantially from a resolution (H J Res 292) introduced last year by Rep. William Bray (RInd.). No action was taken on any of the proposals of last year. FCC says ch. 10 STA is in public interest The reversal by the U.S. Court of Appeals last February of an FCC special temporary authorization to WABFTV Baton Rouge was a special case involving special circumstances. It has not affected commission policy concerning temporary grants in comparative cases. The FCC made this point last week when it filed opposition in U.S. District Court to a stay against an STA in the Vail Mills ch. 10 case. Requested by co-applicant. Veterans Broadcasting Co., the stay to a temporary grant made in 1957 to Capital Cities Broadcasting Co. for operation on WTEN (TV) charged that continued operation of the station would deprive Veterans of a fair and imparital hearing. The commission told the court that the operation of WTEN on a temporary basis is in the public interest, providing needed service to the Vail Mills area. There is no similarity between Vail Mills and the Baton Rouge case, the FCC affirmed. Baton Rouge, the court was told, involved a different set of legal and factual situations which are not present in this proceeding. The commission again reiterated that "no effect whatsoever will be given to any expenditure of funds by WTEN pursuant to temporary authorization. . . ." The commission said that the grant was made on a tem|)orary basis with the understanding "that such operations must cease as soon as any perma 56 (GOVERNAAENT) BROADCASTING, July 4, 1960