Broadcasting Telecasting (Oct-Dec 1962)

GOVERNMENT Omaha booked as FCC's second stop SELECTED BECAUSE IT DIFFERS FROM CHICAGO IN PROGRAMMING NEEDS A sharply-divided FCC voted 4-3 last week to take its local television programming road-show to Omaha, Neb., beginning Jan. 28, 1963. The FCC majority consisting of Chairman Newton N. Minow and Commissioners Robert E. Lee, Robert T. Bartley and E. William Henry ordered the three Omaha stations to defend their local programming in a public hearing patterned after earlier sessions held in Chicago (Broadcasting, April 2). Omaha was picked over Buffalo and Baltimore, two other cities considered (Closed Circuit, Nov. 19). the commission said, because: (1) It differs from Chicago in geographical location, population, number of stations and economic and social characteristics. Therefore, Omaha has local programming needs and interests which differ from those in Chicago. (2) There are three vhf stations in Omaha, all network-affiliated with local, newspaper and multiple ownerships. (3) All three stations are financially capable of drawing on agricultural, educational and cultural components to meet their local programming needs. The commission named the following three issues for the Omaha hearing: ■ Efforts made by Omaha tv stations to determine the needs and interests of the area for local, live television programming. ■ Effectiveness with which the stations have met these needs and interests for local, live programs. ■ Extent of public demand and need for additional or different types of local, live tv programs than those now broadcast by the three Omaha stations. Dissenting to the FCC hearing order were Commissioners Rosel H. Hyde, Frederick W. Ford and T. A. M. Craven. The pivotal vote was cast by the newest commissioner — Mr. Henry. His predecessor, John S. Cross, had voted for the Chicago hearing but stated publicly that he would not favor a repeat performance (Broadcasting, Oct. 1). Henry to Sit ■ Commissioner Henry, also at 33 the youngest of the FCC members, will preside at the Omaha hearing. He joined the FCC just seven weeks ago without prior broadcast experience. Strongest advocate for a Chicago repeat (although the Omaha hearing issues are shorter and simpler than those for Chicago) was Commissioner Lee, who conducted the hearing last spring. The earlier inquiry served "good and useful purpose," the FCC majority said, and "in the opinion of the presiding commissioner, the inquiry proved to be of mutual benefit to the public, broadcasters and to the commission." By holding such hearings, the FCC said, it will gain a greater insight into the public interest problems associated with the kind of market under scrutiny. Churches, civic organizations, educational institutions have been invited to testify in Omaha. They must so inform the FCC of their intentions to appear by Dec. 19. Sanction? ■ In dissenting, Commissioner Hyde said that such a hearing operates as a "sanction" against the stations involved. "Such inquiries or hearings are obviously intended to have an impact on programming; otherwise, there would be no interest in undertaking them," he said. Such "intrusions," he said, are not in the public interest and are not provided for by the Communications Act. "I know of no reason why Omahans should require the assistance of the FCC in seeing that what they look at and hear is what they need," Commissioner Hyde said. NAB President LeRoy Collins, who condemned the Chicago hearing as "unfair and unwarranted," said the association will offer assistance to the Omaha broadcasters. He charged last spring that such hearings are not well-advised, serve no useful purpose and should by no means be repeated (Broadcasting, April 9). Gov. Collins said Wednesday that statement still stands but that he did not know what steps the NAB would take in protest to the Omaha hearing. He raised the possibility that the NAB might ask to be made a party to the proceeding if the Omaha stations do not object. The Omaha stations and their owner A majority of one decided that the FCC should journey to commissioner voted with the majority. Other members Omaha, Neb., early next year to investigate publicly the (I to r) and their votes: Frederick W. Ford (no), Robert local programming efforts of the three tv stations there. E. Lee (yes), Rosel H. Hyde (no, with a dissenting state Although he voted first, the voice of Commissioner E. ment), Chairman Newton N. Minow (yes), Robert T. Bartley William Henry (r) was the deciding factor as the newest (yes) and T. A. M. Craven (no). 52 BROADCASTING, November 26, 1962