Broadcasting Telecasting (Jul-Sep 1960)

HARRIS ON 315 Warns of opposition in House tosuspension S. J. Res. 207, which would suspend Sec. 315 for the 1960 presidential campaign, faces the opposition of "a number of members of the House," Rep. Oren Harris (D-Ark.) warned last Saturday (Aug. 13). Speaking before the Arkansas Broadcasters Assn. in Little Rock, the chairman of the House Commerce Committee said that many of his colleagues had . . expressed their misgivings to me with respect to this resolution." However, he said in his prepared text, that because of the "difficult problems" involved in writing permanent legislation, "it might be best" for the equal time provisions of the Communications Act to be suspended for the present presidential campaign. "Then," Rep. Harris said, "we could see how things work out and try again during a later Congress to write permanent legislation." He did not explain the type of "permanent legislation" he had in mind. "Admittedly, the present Sec. 315 still produces some undesirable results, as was demonstrated by the recent Lar Daly appearance which constitutes a clear abuse of the equal time requirement," he stated. "I believe, even under the present law it should be possible for the FCC to call into question the good-faith character of the candidacy of those permanent candidates for any office at all who indulge in the habit of becoming candidates for the thrill of getting free time on radio and tv." Rep. Harris' committee is scheduled to meet informally on S. J. Res. 207 this week, with the House resuming its session today (Monday) following the convention recess. It is scheduled to go to the floor for action next week. The resolution passed the Senate in late June. Suspension and Revocation ■ The Arkansas Democrat also discussed several other communications bills pending before Congress, with emphasis on S. 1898. Although this measure bears a Senate designation, most of its provisions were drafted by Rep. Harris as a result of the investigations of the Legislative Oversight Subcommittee, which he also heads. The most controversial of its provisions authorizes the FCC to suspend and fine broadcast licensees (see story, page 80). Rep Harris said that the threat of suspension and forfeitures is desirable because it may serve to bring about better industry-wide observance of codes of good conduct. "Broadcasting in the public interest requires . . . voluntary adherence to industry codes of good practices worked out by responsible members and organizations of the industry on a voluntary, cooperative basis," he said. "The threat of revocation has proven ineffectual to secure voluntary cooperation by (recalcitrant) members in the broadcasting industry because the threat of revocation has not been very real." On other matters. Rep. Harris said that his committee may hold more hearings on pay tv next year and that action may be taken by the next Congress on spectrum control legislation ". . . if the incoming President helps us to knock some departmental heads together." He said that the FCC would be called to testify on bills pending to extend the hours of daytime stations and that he would make a "sincere effort" to solve this problem. Socialists 315 bid vetoed by Comr. Lee The Socialist Labor Party is not entitled to "equal time" for its presidential candidate, an FCC board composed of one commissioner — Robert E. Lee — ruled last week. Commissioner Lee wrote Arnold Peterson, national secretary of the party, that the radio-tv networks and WNEW New York were within their rights in refusing to grant the party free time because they had carried the acceptance speeches of the Democratic presidential and vice presidential candidates. The broadcasters had denied the Socialist Labor request for time on the grounds their broadcasts from the Democratic convention were coverage of a "newsworthy event," which were exempted by Sec. 3 1 5 of the Communications Act. The fair presentation provision of the act relates to issues. Commissioner Lee said, and without passing on whether "issues" had been given equal treatment he stated that no showing has been made that the networks and WNEW failed to comply with Sec. 315. Committees readied for N.Y. uhf study Members of the General Advisory Committee, composed of members of the television industry engaged to help in the FCC New York uhf study, met with the commission's Chief Engineer Edward Allen last week to set up industry committees in specific research areas. The committees — receiver, transmitter, analysis, observation and measurement— will contain an approximate to tal of 80 industry members and will be headed by FCC personnel. No industry names have been disclosed, but an FCC spokesman said that "invitations have already been sent out as the result of agreement reached between the chief engineer and industry advisory over who shall participate." The spokesman said that the names of industry representatives who will serve on the various committees will not be disclosed "until all invitations have been acknowledged." The commission has, however, announced the members of its staff assigned to head the committees. Arnold Skrivseth, assistant chief, technical research division, will head project activity under the direction of Mr. Allen. Jules Deitz and George Waldo, both of the technical research division, will head the receiver and analysis committees respectively. Dan Hutton, FCC engineer, will head the observation and measurement committee. A meeting of the transmitter committee, which will discuss problems inherent in installing the antenna atop the Empire State Building, has been scheduled for next week. A main stumbling block has been the possibility of interfering with existing tv signals atop the building by installing the uhf antenna. Proxmire follows up on Capitol incident Sen. William Proxmire (D-Wis.) last week introduced legislation which would prohibit the FCC from giving a civic participation preference to any applicant because one or more of its principals are members of Congress. He offered an amendment to S 1734, which deals with hearing cases before the commission and currendy is pending on the Senate calendar. The senator became incensed six weeks ago when it was disclosed that a hearing examiner had awarded a preference for civic participation to Capital Cities Television Corp (WTEN [TV]) in a comparative hearing for ch. 10 Albany (Broadcasting, June 27). In detailing this preference, the examiner said that "it cannot be ignored" that five Capital Cities minority stockholders are members of congress. Sen. Proxmire would add the following sentence to Sec. 308(b) of the Communications Act: "In considering the application made by any person for any construction permit or station license, the commission may not consider as a factor favoring the granting of that application the fact that such applicant is a member of Congress or the fact that any member of Congress has any direct or pecuniary interest in the applicant." 88 (GOVERNMENT) BROADCASTING, August 15, 1960