Broadcasting Telecasting (Jan-Mar 1963)

AM OVERPOPULATION TALKS START NAB's Collins opens testimony on radio problems NAB President LeRoy Collins will be the starting witness today (Monday) when the long-awaited industry-FCC "shirtsleeves working conference" on the troubles of radio gets under way. The two-day conference will be held before the full FCC. Other NAB witnesses are scheduled today, and six other "interested parties" are scheduled to present their views tomorrow. The conference grew out of public statements nine months ago at the NAB convention by Gov. Collins and FCC Chairman Newton N. Minow (Broadcasting, April 9, 1962). The central theme of the conference is whether there are too many am stations operating in the U. S. Pending an overall study of am broadcasting and its covering rules, the FCC has instituted a freeze on applications for new radio stations and for major engineering changes in existing stations. Several court appeals against this action have been filed by prospective applicants for new stations. Other NAB witnesses will include George Hatch, president of KALL Salt Lake City and chairman of the NAB Radio Development Committee formed to plan the association's participation in the conference; Carl E. Lee, executive vice president-general manager of WKZO Kalmazoo, Mich., and chairman of the NAB engineering subcommittee; George C. Davis, Washington consulting engineer; George W. Bartlett, NAB manager of engineering, and Merrill Lindsay, WSOY Decatur, 111., vice president and chairman of the NAB's special non-engineering subcommittee. Two members of the NAB's engineering subcommittee — William S. Duttera, NBC, and Jules Cohen, Washington consulting engineer, also will testify but not as official NAB participants. Tuesday witnesses include Robert M. Booth, Washington attorney and past president of the Federal Communications Bar Assn.; Everett Dillard, general manager of Commercial Radio Equipment Co.; Rogan Jones, president, International Good Music Inc.; Lazar Emanuel, president, Communications Industries Corp.; Lauren A. Colby, Washington attorney on behalf of six clients, and Joseph Kessler, Washington attorney who has attempted to apply for a new am station in Fairfax County, Va. NEW TRY FOR CH. 10 Beachview asks FCC to look again at grant to WAVY-TV Beachview Broadcasting Corp. renewed its 10-year fight before the FCC last week against the present licensee of WAVY-TV (ch. 10) Norfolk-Portsmouth, Va. Beachview, which lost a 1957 grant for ch. 10 to Tidewater Teleradio Inc. on a 3-2 vote, asked the FCC for "reconsideration, rescission, renewal, reinstatement, comparative consideration and other or further relief." A month ago, the FCC questioned the promise vs. performance of WAVY-TV in ordering a hearing on the application then pending for approval of the sale of the station to Gannett Inc. for $4.5 million (Broadcasting, Dec. 3). That sale application has since been dismissed (Broadcasting, Dec. 24). In ordering the hearing, the FCC dismissed Beachview protests against the planned transfer but scheduled a public airing of many of the charges made by Beachview. The commission also refused to approve an agreement where by WAVY-TV would reimburse Beachview $98,750 for expenses incurred by the latter in prosecuting its long fight for ch. 10. (Beachview, in turn had agreed not to appeal to the courts if the transfer received approval but did not withdraw its charges against the past operations of WAVY-TV.) Beachview said last week that the fundamental issue is "whether a licensee charged with deception, willful misrepresentation, sham gamesmanship to secure a competitive tactical advantage and deliberate concealment of material facts . . . shall be permitted to retain the fruits of its alleged willful misconduct by receiving a grace period of 10 months to upgrade its performance for renewal purposes." WAVY-TV's existing license expires next Oct. 1 and, if it is given until then, the FCC's reasons for ordering the transfer hearing will have been "effectively washed out," Beachview declared. The petition last week asked the FCC to (a) rescind, revoke and set aside the WAVY-TV license and reinstate for hearing the Beachview application with that of Tidewater, or, (b) in the alternative order Tidewater to file a renewal application, permit Beachview to file a competing application and designate both for comparative hearing. Several affidavits of former WAVYTV employes were submitted by Beachview which, the protestant said, raise questions whether Tidewater representations during the earlier comparative hearing were made in good faith "or were instead calculated to deceive." Beachview said that its agreement with Tidewater for reimbursement of expenses, denied by the FCC, was instituted by Gannett Inc. Three "responsible and experienced members of the commission's bar" participated in formulation of the agreement and "Beachview expressly declared that it was not withdrawing the charges. Beachview gives every assurance to the commission of its good motives, purposes, intentions and good faith in entering into the agreement and urges that the execution of the agreement — now defunct— not be construed to give rise to any adverse reflections" against Beachview. FCC drops label proposal The FCC last week decided to drop the rulemaking proposal it had designed to standardize wording, appearance and location of manufacturers' seals on receivers in the 30-890 mc range. The seals note compliance with radiation limitation requirements. At the same time, however, the commission once again warned purchasers against buying fm and tv sets which lack the certificates. SUBSCRIPTION APPLICATION' BROADCASTING The Businessweekly of Television and Radio 1735 DeSales Street, N.W., Washington 6, D. C. Please start my subscription immediately for — J □ 52 weekly issues $7.00 □ 104 weekly issues $12.00 □ Payment attached ST □ 52 issues & 1963 Yearbook $12.00 □ Please bill * o ■ a name title /position* }} . O company name * address city zone state Send to home aiiiest — 68 (GOVERNMENT) BROADCASTING, January 7, 1963