Broadcasting Telecasting (Oct-Dec 1962)

Bryant report gets a big boost from Bartley A powerful FCC voice lined up last week behind recommendations now before the commission that tv networks be limited in their programming ownership and prohibited from participating in syndication. And, Commissioner Robert T. Bartley told the Southern California Broadcasters Assn. a proposed national code authority under government jurisdiction would provide the vehicle for effective industry self-regulation, which he said now is lacking. All "shackles must be removed" which hamper tv station licensees in fulfilling their obligation to control and select their own programming, he said, Quoting liberally from recent recommendations of FCC Network Office Chief Ashbrook Bryant (Broadcasting, Dec. 3), Commissioner Bartley said the market place for programs must be kept open to competition. "It must not fall into the hands of a few and thus restrict the licensee's selection." Commissioner Bartley called "significant" the recommendation three weeks ago by the Network Study Staff that networks be limited in the per centage of programs they may own (50% of entertainment shows in prime time) and a prohibition against network syndication ownership. He said tv stations have only two sources of national programming— network and syndication — and that they should be competitive in fact as well as name. Another staff recommendation which would "strengthen the licensee in the gigantic struggle for programming" calls for a national code' authority composed of all stations, and created under federal law, the commissioner said. Under such an arrangement, stations could collectively exert pressures on those groups which provide them with programming, he pointed out. "Here then would be the authority, now lacking, for effective self-regulation by the industry itself which we all embrace," Commissioner Bartley said. "For, when self-regulation fails, our experience tells us that statutory regulation fills the void." He urged broadcasters to set their programming sights high — above the printed page of the ledger. "Too many broadcasters have their eyes glued to the dollars and cents entries in the ledger," he charged. "Thus, we find iedgership' instead of leadership." Magna Carta ■ CoTrrrrrissioner Bartley quoted at length from the Bryant report and from the FCCs 1960 program policy statement. He termed the latter a "Magna Carta" for licensees but expressed "serious, doubt" whether the objectives of that statement are obtainable under the present economic structure of broadcasting. On that point, the Texas Democrat said: "We must never lose sight of the fact that the licensee is the onepossessed of the ultimate power over programming. ... He must be jealous of . . . must exercise this right. . . . . To the extent that he delegates it or contracts it away, he is breaking faith with the public whose frequencies he is authorized to use." Commissioner Bartley quoted from a speech he had made trr the same group of California broadcasters, six years ago in exhorting licensees to become statesmen and' leaders in their communities. FCC MOVES TOWARD CATV CONTROL Microwave rulemaking would assist local tv stations Direct federal regulation of community antenna tv systems is coming, the FCC feels, and the agency moved toward indirect control last week pending its acquisition of authority to apply the frontal method it seeks. The commission, which has made control of catv its major legislative goal for 1963, announced rulemaking last week intended to regulate catv systems which must be served by microwave relay stations. This would be accomplished by withholding the grant of such microwave facilities unless the catv systems to be served agree (1) not to duplicate the programs of a local tv station by bringing in an outside station, and (2) to carry the programs of a local station if requested to do so. If the city to be served by a proposed microwave relay has no local tv station, microwave grants to serve the catv system would be conditioned on future acceptance of a local station's signal if one is ever established. Pending applications would not be acted upon while the new rulemaking is under consideration unless the microwave aspirants agree voluntarily to accept the foregoing conditions. In announcing the rulemaking, the FCC said competition from non-regulated catv systems to local tv stations "has been of concern to the commission for some time." Many stations have fought outside duplication of their programming by catv in the past and voluntary agreements have been reached in many cities. Last year, an FCC bill before Congress for catv regulation failed to pass the Senate by one vote. Comments are due by Feb. 15, 1963, and replies by March 1. FCC supports ABC for Nixon program ABC received full support from the FCC last week after complaints about the network's Nov. 12 presentation of a tv documentary, "The Political Obituary of Richard Nixon," on commentator Howard K. Smith's program. The regulatory agency said ABC was "well within its discretion" and that "no further action" will be taken about some 2,000 complaints (Broadcasting, Nov. 19) to the FCC after the program. The FCC last week mailed each complainant a copy of the agency's letter supporting ABC and quoting ABC's statement in its own defense: "We deny emphatically any charge that the program was biased and distorted. It was carefully balanced' with interviews by two Nixon foes and by two Nixon friends. . . ." It is illegal for the FCC to exercise any censorship over programming, the commission argued, and hence it cannot order a station either to carry or refrain from carrying a particular program. The selection of program material is the responsibility of licensees, the FCC said, though when a station applies for renewal of license the commission investigates to determine whether or not the station's duties to the public interest have been properly discharged. The FCC said it was guided in its evaluation of controversial programs by its "fairness doctrine," which directs licensees to afford reasonable opportunities for the presentation of differing views. ABC's defense of the "Obituary" show, the FCC said, indicated that the fairness doctrine was satisfied. Much of the controversy was about the appearance of Alger Hiss, a convicted perjurer, to speak against Mr. Nixon. The FCCs letter contended, however, that a balance was reached and that "the network's decision to broadcast the subject program was a matter well within its discretion ... no further action by the commission in this matter is contemplated." 68 (GOVERNMENT) BROADCASTING. December 17, 1962