Broadcasting Telecasting (Oct-Dec 1962)

THROUGH A LOOKING GLASS Lawyers look at Commissioner Henry's philosophies and recognize an old, familiar image: Newton Minow The newest and youngest FCC commissioner, E. William Henry, stood up before a Federal Communications Bar Assn. luncheon last Thursday and told how he thinks the FCC ought to deal with some of broadcasting's knottiest problems. His views, in a nutshell, caused no surprise; they were very similar to those of the man considered his mentor — FCC Chairman Newton N. Minow. A rundown of Mr. Henry's views: ■ He is in favor of local hearings and believes city-wide hearings on programming are beneficial. ■ He feels that community antenna systems should be directly regulated by the FCC. ■ Networks must continue to exist, but he isn't sure whether option time is a necessity. ■ He has neither accepted nor rejected the Ashbrook Bryant proposals to regulate networks' programming policies and practices (Broadcasting, Dec. 3), but he feels something must be done to install more creativity in network programming. ■ He is a staunch advocate of keeping licensees strictly to account to promises made in applications for new stations or in renewals. ■ He feels that the am radio population problem is acute, but he thinks it is due to engineering laxity and would revise the standards. ■ In the economic injury area, he feels the FCC has no choice but to designate for hearing those applications for new stations protested by existing stations — and, he added, he would like to see consideration given to a policy which would require comparative hearings where such protests are made. ■ He believes that the future growth of fm should be on an allocation table basis, rather than on a protected contour basis. Second Vast Wasteland? ■ Perhaps Commissioner Henry's sharpest words were in the element of programming: "I think we could all agree that television programs today exhibit a discouraging degree of sameness, particularly in prime time. Similarity of programming of necessity breeds dullness, and I do not think boredom can be justified by calling it 'relaxation.' This similarity is in part due to necessary competition for the advertiser's dollar. However, the idol of majority approval must not be worshipped by the networks to the complete exclusion of the public's need for variety and the creative artist's need for an outlet for his talents. Networks must satisfy the majority, but only part of the time; and they must accurately determine what the majority really wants, not what it accepts merely because nothing else is offered." In speaking of the Omaha city-wide tv hearing, in which he will sit as hearing officer, Mr. Henry expressed his view that this kind of an activity is beneficial: "... I think it is potentially a very effective tool for determining the manner in which television broadcasters are meeting their responsibility to conduct locally originated programming and to impress on them the importance of this responsibility. I think it is also extremely important for the commission to publicize its work in an appropriate manner. Inquiries of the Chicago and Omaha type are, in my opinion, appropriate to this end in that they stimulate a considerable amount of local interest in the FCC's role. Speaking from a few years of lay experience, I can assure you that the majority of the public is not as aware as it should be of either its own responsibilities, the broadcasters' responsibilities or the commission's responsibilities. I am confident that if it is made aware of them it will respond more effectively and intelligently for the good of all concerned." Space unit organizers hold working session The 13 men named to do the job by President Kennedy reported progress last week in setting up the corporation which will own and operate the U. S. portion of the proposed international communications satellite system. The incorporators, meeting in New York on Monday, worked on drafts of the corporation's articles of incorporation and bylaws, and considered the qualifications of individuals mentioned for top management posts in the company. The meeting was the first real working session of the incorporators since their appointment by the President in October. Two previous sessions were devoted mainly to briefings by government and industry representatives. A spokesman said the draft of the articles of incorporation would be discussed with Justice Dept. attorneys and then reconsidered by the board before they are finally submitted to President Kennedy. The President's approval is required by the statute authorizing creation of the private corporation. The board hopes to file the articles "sometime in February." The spokesman said no final decision had been made on the "more than 50" individuals who have been suggested by incorporators "and others" for appointment to top management posts. He said the board wants to name "a small nucleus of high caliber people" to help in launching the corporation. The spokesman also said no thought has yet been given to the initial stock issue to be sold by the corporation. This issue, which by law must be sold to communications common carriers and the general public on a 50-50 basis, probably won't be offered until next spring. The board has scheduled two more meetings, for Dec. 21 and Jan. 4. Bureau asks denial for Enright, Barry The FCC's Broadcast Bureau told the commission last week that in view of involvement of Daniel Enright and Jack Barry, equal owners of WGMA Hollywood, Fla., in the tv quiz program scandal the bureau felt that the station's license should not be renewed. WGMA maintained that the station's record "establishes that WGMA does an outstanding job of meeting the varied and voluminous needs and interests of the community" in supporting its arguments for renewal. The WGMA renewal hearings, which began well over a year ago (Broadcasting, Nov. 20, 1961), resulted in a new airing of the scandal of the dishonest and now defunct quiz shows TwentyOne and Tic Tac Dough (Broadcasting, July 23), in which Messrs. Barry and Enright were equal partners. The bureau said that Mr. Enright personally fixed (provided questions and answers) some of the contestants himself, and that Mr. Barry, who played master of ceremonies, knew that some were fixed. The applicants "perpetrated a gross deceit on the viewing public, on the sponsors and the network (NBC) over which they (the programs) were carried ... a patent fraud," charged the Broadcast Bureau. The bureau said that Messrs. Barry and Enright reflected "an abysmal level of moral corruption" and that they had undermined the integrity of television broadcasts. "For this fraud on the viewing public, Messrs. Barry and Enright must completely and unreservedly be found disqualified as licensees," the Bureau concluded. What price programming ■ WGMA that it was the policies of Messrs. Barry and Enright, who "have used their unique and extensive background and experience," to form the station's programming. The Broadcast Bureau did 62 (GOVERNMENT) BROADCASTING, December 17, 1962