Broadcasting Telecasting (Apr-Jun 1963)

. PROGRAMMING COURT TO HEAR NEW FEE APPEAL Tv broadcasters still seeking limited ASCAP clearance The question of television broadcasters' right to a limited form of music license will make a new approach to the courts on Wednesday, April 10. On that day proceedings are slated in the U. S. Second Circuit Court of Appeals in New York on an appeal by tv broadcasters in their suit against the American Society of Composers, Authors & Publishers. The suit involves the All-Industry Television Music License Committee's bid for a new kind of tv station license for the use of ASCAP music, which was rejected by a lower court. Hamilton Shea of WSVA-TV Harrisonburg, Va., chairman of the allindustry group, outlined the new court timetable at a meeting of the committee in Chicago last Tuesday, during the NAB convention. The committee reviewed developments in the case to date and voted to continue with the prosecution of its appeal. What the committee is seeking is an ASCAP license under which fees for the use of ASCAP music played in future syndicated programs and feature films would be paid not directly by broadcasters, as now, but "at the source" by producers of these pro grams at the time of production. Appeal Rejected ■ Chief Judge Sylvester J. Ryan of the U. S. Southern District Court in New York, presiding over the case, ruled several months ago that ASCAP could not be compelled to grant such a license. The committee appealed directly to the Supreme Court, which rejected it on jurisdictional grounds but without further explanation. The committee has now transferred its appeal to the Second Circuit Court. Mr. Shea noted last week, however, that ASCAP has moved for dismissal of this appeal on the ground that the committee has no legal right to appeal. ASCAP contends that since the consent decree governing ASCAP operations is involved, an appeal may be taken only by a party to that decree (ASCAP or the U. S. government). The Dept. of Justice, backing the ASCAP argument, has also filed against the appeal. This question has been slated for argument April 10. If it is decided in the committee's favor, arguments on the appeal itself will follow, but if ASCAP's motion to dismiss is granted, the committee presumably will then have a choice of procedures. Technically, these might include a resumption of talks with ASCAP in quest of a negotiated settlement; resumption of litigation before Judge Ryan looking toward some sort of license not involving at-the-source clearance— or possibly some new form of litigation seeking source clearance, or conceivably, even a new appeal to the Supreme Court. The all-industry committee, supported by more than 350 tv stations, consists of 15 broadcasters, of whom 13 were on hand for last week's meeting. Pending determination of new ASCAP license terms, stations are operating under those that expired Dec. 31, 1961, with the provision that any changes will be retroactive to that date. KCTO(TV) postponing Denver pay tv test The inauguration of Denver's pay tv test, slated for last week, has been postponed, possibly for three months. KCTO (TV) (formerly KTVI [TV]) Denver had been scheduled to begin broadcasting its Teleglobe system of subscription tv by April 3, under terms of the FCC authorization granted last fall (Broadcasting, Oct. 8, 1962). But the commission last week granted Film sales . . . Adventure Theater (Walter ReadeSterling): Sold to WXYZ-TV Detroit. Now sold in 30 markets. 87th Precinct (NBC Films) : Sold to WNEW-TV New York; WTTG (TV) Washington; KRON-TV San Francisco; WNAC-TV Boston; WCPO-TV Cincinnati: KOVR (TV) SacramentoStockton, Calif.; WNEP-TV ScrantonWilkes-Barre, Pa.; WBAP-TV Fort Worth-Dallas; WFMJ-TV Youngstown, Ohio: WCSC-TV Charleston, S. C: WTCN-TV Minneapolis St. Paul; WTOK-TV Meridian, Miss.; KGGMTV Albuquerque, N. M.; WBJA-TV Binghamton, N. Y.; WTOC-TV Savannah, Ga., and KCTO (TV) Denver. Now in 16 markets. The Deputy (NBC Films): Sold to Fuller & Smith & Ross, Los Angeles for Scott Motors Inc. (marine equipment manufacturer) to be programmed in 43 markets. 30 post-48 feature films (MGM TV) : Sold to WIIC (TV) Pittsburgh. The New Breed (ABC Films) : Sold to Metropolitan Broadcasting for programming on WNEW-TV New York; WTTG (TV) Washington: KMBO-TV Kansas City, Mo.: KOVR (TV) Sacramento-Stockton. Calif.: WTVP (TV) Decatur, and WTVH (TV) Peoria, both Illinois. The Legend of Rudolph Valentino and Hollywood: The Golden Years (Walter Reade-Sterling) : Sold to WPIX (TV) New York. Sir Francis Drake ( ITC ) : Sold to WDSU-TV New Orleans. Best of the Post (ITC): Sold to WSLA (TV) Selma, Ala. Cannonball (ITC) : Sold to WTVW (TV) Evansville, 111. Magic Moments in Sports (ITC): Sold to KICU-TV Visalia, Calif. Gale Storm Show (ITC): Sold to KTNT-TV Tacoma-Seattle; WAFGTV Huntsville, Ala. and WSLA (TV) Selma, Ala. Hawkeye (ITC): Sold to WTVW (TV) Evansville, 111. Broken Arrow (ITC): Sold to KICU-TV Visalia, Calif. Supercar (ITC): Sold to KLZ-TV Denver; KID-TV Idaho Falls, Idaho; WIS-TV Columbia. S. C: KGNC-TV Amarillo, Tex.; WAVY-TV Portsmouth, Va.: KVIP-TV Redding, Calif., and WBTW (TV) Florence, S. C. Rifleman (Four Star): Sold to KTLA (TV) Los Angeles; KTVI (TV) St. Louis; KPIX (TV) San Francisco; WDAF-TV Kansas City, Mo., and WOC-TV Davenport, Iowa. The Detectives (Four Star) : Sold to WTVR (TV) Richmond, Va.: WBRCTV Birmingham, Ala.; WSUN-TV St. Petersburg. Fla.; WHAS-TV Louisville; KTRK-TV Houston: KOA-TV Denver (starting now) and KCTO (TV) Denver (starting in fall). Now in 36 markets. The Law and Mr. Jones (Four Star) : Sold to WTVR (TV) Richmond, Va.; WSUN-TV St. Petersburg, Fla.: WHAS-TV Louisville, and KAKE-TV Wichita, Kan. Target: The Corruptors (Four Star) : Sold to WTVR (TV) Richmond, Va. Dick Powell's Zane Grey Theatre (Four Star): Sold to KOSA-TV Odessa, Tex.; WHAS-TV Louisville; KIVA (TV) Yuma, Ariz, and KTVI (TV) St. Louis. Now in 49 markets. Stagecoach West (Four Star) : Sold to KCTO (TV) Denver. 48 BROADCASTING, April 8, 1963