Broadcasting Telecasting (Oct-Dec 1963)

erating at 1963 spending rates, but prevents them from initiating new programs or increasing their personnel. Lawmakers in both houses commented on Congress's failure to act, but held out no hope that another continuing resolution wouldn't be needed at the end of November, the limit of last week's measure. House Approval ■ The House already has passed the FCC's appropriation, setting it at $15.8 million. A Senate subcommittee has completed taking testimony on it, but since it hasn't finished with other agencies under its jurisdiction, chances were it wouldn't begin to take final action on the appropriation until the middle of this month. Then the Senate still must approve the bill and name conferees to meet with House conferees to discuss differences between the two versions, if any — and there usually are. The FCC already is on record favoring the House version (Broadcasting, Oct 14), but a few senators have shown interest in making further cuts. The $15.8 million House figure for the FCC is still $849,000 more than the 1963 appropriation. Cox to accept invitation Only one of the FCC commissioners — Kenneth A. Cox — is planning to accept the Georgia Association of Broadcasters' invitation to attend its annual Georgia Radio-TV Institute for informal debate. GAB co-sponsors the institute with the Henry Grady School of Journalism The FCC's proposed revision of the clear channels was upheld by the United States Court of Appeals in Washington last week. In a unanimous decision, a threejudge panel affirmed the FCC's right to break down 13 of the 25 Class 1-A channels, and also to hold up for further consideration the question of permitting the Class 1-A stations power greater than 50 kw. The commission in 1961 issued its final order in the clear channel case proposing the duplication of 13 1-A frequencies. In 1962 it affirmed this decision. The FCC also stated in both orders that it was not deciding requests for higher power for the time being (Broadcasting, Nov. 26, 1962). These orders were challenged in the appeals court by wjr Detroit, and wgn Chicago, both Class 1-A stations. They claimed that the commission's action modified their licenses without No respite for Congress The majority leaders of the House and Senate last week assured their colleagues that while they expect the current session of Congress to run right through Jan. 3, 1964, there'll be 22 days of holiday between now and then. Senator Mike Mansfield (DMont.), Senate majority leader, said there would be recesses for Veterans Day (Nov. 11), Thanksgiving and Christmas. "Outside of these dates," Senator Mansfield said, "expect no respite." This plan would see the present legislative session of the 88th Congress run until noon Jan. 3, when there would be a one-minute pause before the second session would begin. Among items clogging the legislative machinery are appropriations for many government agencies, including the FCC, presently required to operate on fiscal 1963 authorizations (see page 80). at the University of Georgia in Athens, where, the meeting will be held on Jan. 23, 1964. When the invitation was extended to the commission. GAB said "It is our belief that the FCC can make a far-reaching and positive contribution to broadcasting" by talking with small broadcasters (Broadcasting, Oct. 21). the required adjudicatory hearing. They also complained that the commission's refusal to authorize higher power was against the public interest. Circuit Judge Charles Fahy, writing for himself and Judges Warren E. Burger and J. Skelly Wright, said that wjr and wgn had no case because their licenses expired in 1961 and the commission's rulemaking results were not to go into effect until Jan. 30, 1962. subsequently postponed to July 2, 1963. "The operation of neither wjr nor wgn was subject to any interference or other difference during the life of the licenses of those stations prior to their renewals," the court said. Both stations had their licenses renewed by the FCC conditioned on duplication of their frequencies, although protection was afforded to their 0.5 mv/m 50% skywave contours. The court also turned down the argument that the stations had applied 38 ex-LBJ Co. employes suing for damages The LBJ Co., group broadcast owner, was sued by a group of former employes last week over their rights in a profit sharing and incentive plan. Mrs. Lyndon Johnson, wife of the Vice President, who is the principal owner of LBJ Co., was not named as a defendant. Thirty-eight employes, at one time workers for krgv-am-tv Weslaco, Tex., said that when LBJ Co. sold the stations two years ago they were "involuntarily" terminated. They asked for $49,932 in the aggregate. Krgv stations were bought by Bruce Lee and John A. Kennedy in 1961 for $1.4 million. The Kennedys are selling the stations to Douglas L. and Charles P. Manship for $1,375,000 (Broadcasting, Oct. 28). Other LBJ stations are ktbc-am-tv Austin and 29% of kwtx-am-tv Waco, both Texas. Sarnoff gets award NBC Board Chairman Robert Sarnoff was honored Nov. 3 at Emerson College in Boston by Phi Alpha Tau fraternity. Mr. Sarnoff received the 1963 Joseph E. Connor memorial award — presented annually in recognition of excellence in the field of communications. Previous recipients of the award include Edward R. Murrow, General Carlos P. Romulo, Elia Kazan, Red Skelton and the late Robert Frost. for license renewals before the effectiveness of the new rules. Applications are not licenses, it said. Power Boosts Pend ■ On the power increase issue, the court said that it should not deny the commission the opportunity for further consideration. The FCC had stated that its lack of action on the request for higher power was based on unanswered questions involving social and economic implications, and possible monopolistic tendencies which might result. This and other factors, Judge Fahy said, "cannot be said by this court to be so insignificant as to require a different result at the hands of the court." The court noted that "a sufficient" number of Class 1-A channels (12 of them) are reserved without duplication "for possible future improvement of skywave service." The court did not attempt to mediate the issue between the FCC and Congress, other than to note it. Last year the House adopted a resolution expressing its sense that the FCC was free to authorize power for any clear channel EQUIPMENT & ENGINEERING COURT GIVES CLEAR CHANNEL VERDICT FCC's right to break down 13 class 1-A channels upheld 82 BROADCASTING, November 4, 1963