Broadcasting Telecasting (Jul-Sep 1960)

JUST ANOTHER PART OF TV Video tape not motion picture, court says A New York State Supreme Court justice has ruled that under United Scenic Artists' contracts with the three tv networlcs, video tape is just another part of television broadcasting and does not involve work entitled to extra pay. Justice Samuel M. Gold made the ruling in staying arbitration proceedings sought by the Scenic Artists" New York Local 829 against NBC, CBS and ABC. The union had claimed that video tape productions are in the same category as motion picture productions and therefore should be governed by motion pictures' higher pay rates. In denying this claim Justice Gold noted that the union contracts with the networks, signed in November 1958, deal with employment "in connection with [the networks'] operations in tele FCC error claimed in Rochester grant A long time controversy centering on the late Frieda Hennock. former FCC Commissioner, and her participation in the 1953 FCC sharetime grant of ch. 10 in Rochester, N.Y., has once again been brought before the commission. Federal Broadcasting System, licensee of 'WSAY Rochester, losing applicant in the 1953 grant, last week protested the license renewals of sharetimers WVET-TV and WHEC-TV on the basis of the Hennock affair. Minutes of the FCC meeting at the time the grant was made showed the vote to be 3-3 but a final decision was granted on a 3-2 vote with Miss Hennock abstaining. Miss Hennock later told the House Legislative Oversight Subcommittee that a legal quorum was not present. Although not voting, she issued a strong dissenting opinion saying that the grant was "the worst thing that ever came out of the commission." Broadcasting, April 7, 1958). vision broadcasting in New York City," and that video tape at that time was already a part of the networks' television operations. On the union's claim that video tape and film productions are closely akin, Justice Gold had this to say: "It is to be noted . . . that motion picture film is produced in motion picture studios and that the use of motion picture cameras and equipment is required, whereas video tape recordings are produced in television studios with television cameras and equipment." The decision denied, too, the union's contention that the contracts were limited to live broadcasting. The union had advanced this claim as another argument for exempting vtr from the contract provisions. Federal told the commission it had received a letter from Rep. John E. Moss (D-Calif.), member of the oversight subcommittee, which "shows that the renewals were improperly issued and . . . not in the public interest." Federal said Rep. Moss received a letter from FCC Chairman Frederick W. Ford on May 4, "which shows Miss Hennock to have been present during the vote . . . when in fact she had been absent." Federal quoted the following excerpt from Mr. Ford's letter: "Following the March 11th meeting, it was the understanding of the Minute Clerk . . . that Commissioner Hennock was not participating in consideration of the Rochester ch. 10 applications . . . Notations listing [her] as not participating were prepared . . . but Miss Hennock's legal assistant called the clerk and informed her . . . that the entry was to show Commissioner Hennock as abstaining from voting ... It appears however that during consideration of the Rochester ch. 10 applica tions Commissioner Hennock was absent from the meeting room intermittently and hence, under the standard terminology used to describe such a status, was not participating." Federal told the commission the court of appeals had treated Miss Hennock as being physically absent from the meeting room. If, as it now develops, she was both present and absent intermittently, the affirmative vote of three members of the FCC was not the affirmative vote of the majority present, Federal asserted. New temporary grant for ch. 9 Baton Rouge Ch. 28 WAFB-TV Baton Rouge, La., last week received its second special temporary authorization from the FCC to operate on ch. 9 pending a final grant for regular operation. The special authority is for 90 days, or until a regular grant is made for operation on ch. 9. Modern Broadcasting Co., which owns WAFB-TV, is the sole remaining applicant for the vhf channel and holds a favorable initial decision (Broadcasting, June 20). The U.S. Court of Appeals in Washington had upset an earlier FCC temporary authorization for operation on ch. 9 by WAFB-TV pending the outcome of a comparative hearing (Broadcasting, Feb. 15). The channel was reallocated to Baton Rouge following its removal from Hattiesburg, Miss. A second applicant for ch. 9 Baton Rouge, Community Broadcasting Co. (WIBR), had its application dismissed, receiving out-of-pocket expenses and an option to purchase 20% of Modern. On policy group The two most important senators to broadcasting — Sens. Warren G. Magnuson (D-Wash.) and John O. Pastore (D-R.I.) — have been appointed to the Democratic Policy Committee by Senate Majority Leader Lyndon B. Johnson (D-Tex.). Sen. Magnuson is chairman of the Senate Commerce Committee and Sen. Pastore heads the committee's Communications Subcommittee. The policy group clears legislation for Senate consideration. Broadcasters oppose FCC Conelrad plans Broadcasters don't like the FCC's proposal which would require them to install standardized Conelrad alert signal equipment (Broadcasting, May 2, March 21). This was the indication from over 30 new comments on the proposals which have been filed with the commission. In general, all broadcasters were IN THE HILL HOPPER Here are capsulated versions of new legislation of interest to broadcasters and advertisers: HR 12625. Rep. Joseph E. Karth (D-Minn.) — outlaw practice of advertising or offering a product for sale at less than its delivered cost (for purpose of inducing customers to come to a place of business). Provides for recovery of triple damages to competitors injured by such "loss leader" or "bait advertising" practices and for injunctive relief through the courts. Penalty, $5,000 and a year's imprisonmnt. June 14. Judiciary Committee, HR 12655. Rep. John Brademas (D-Ind.)— repeal the manufacturer's excise tax on radio and tv sets. June 15. Ways & Means Committee. HR 12662. Rep. Joseph E. Karth (D-Minn.) — prohibits advertising claims falsely representing that a product is being offered at Vi(holesale price. June 15. Commerce Committee. HR 12758. Rep. Philip J. Philbin (D-Mass.) — permit tax-exempt organizations to engage in propaganda or in influencing legislation if the purpose of such practices is relevant to the purposes w/hich qualify such organizations for tax-exempt status. June 21. Ways & Means Committee. HR 12831. Rep. John Dingell (D-Mich.)— term as "misleading" the advertising of prescribed drugs by brand name if the brand name is not also accompanied by the generic name of the drug. June 27. Commerce Committee. 62 (GOVERNMENT) BROADCASTING, July 4, 1960