Broadcasting Telecasting (Oct-Dec 1963)

modification of the nonduplication clause for previously authorized systems will become effective 30 days from Dec. 12, and that local stations should request the protection provided by the proposed rules within the 30-day period. There has been a great deal of contest over the commission's legal authority to control CATV systems — in particular, the nonduplication provision. However, the commission was uoheld in its right to protect local television stations from CATV competition, by the District of Columbia Court of Appeals in the much discussed Carter Mountain Transmission Corp. case (Broadcasting, May 27). In a three-judge, unanimous decision. Judge George T. Washington wrote that the commission "cannot let its decision in the radio carrier field interfere with its responsibilities in the television broadcasting field." A step further is the opinion of the FCC staff that the commission possesses the authority to directly control CATV systems, rather than through the microwave licensee servicing the system. This direct control of CATV has been the subject of unsuccessful negotiations, between the commission and the National Community Television Association, to draft proposed legislation to present to Congress. The commission staff feels that off-the-air CATV systems also fall under the agency's regulatory authority. FCC's Open Hand ■ The commission said its goal "is not, as some apparently believe, to adopt rules 'tantamount to an absolute prohibition of private microwave service to CATV systems.' " The FCC styled its goal as giving "adequate protection to local television service, without inhibiting the growth of community antenna service (with its provision of multiple television services). Our proposals are designed to achieve that goal." The agency said it wished to "stress" that the rulemakings are just proposals and that it is interested in hearing comments on how the rules may fall short of their aims. Comments are due Jan. 22, 1964. "We believe that our goal can best be achieved through rules which would require the CATV system to carry the programing of a local station without material degradation and not to duplicate for a reasonable period the programing carried over any local station," the commission said, hoping to placate both broadcasters and CATV operators. This is the solution of the present conflict between the two services the commission argued. The FCC pointed out that "The proposed rules would not automatically impose requirements upon the CATV system; a request would have to be made by a station entitled to claim protection under the rules." Yet more important, the commission said, is the recognition that in many cases the local stations and CATV system have worked out their own agreement to the satisfaction of all. And the commission does not plan to "upset or replace" the friendly balance of interest. "In short, an agreement, fairly arrived at between the parties and designed to fit the particular needs of the area, is entitled to great weight; we do not mean to inhibit or impair the good faith worked out, by the broadcaster and the CATV, of the problems" considered by the proposed rules. CTSC sets September for ETV target date Community Television of Southern California has leased the studio and office space formerly occupied by knxt (tv) Los Angeles at 1313 North Vine Street for its new ETV station, to operate on UHF channel 28. James Robertson, vice president and general manager of CTSC, plans to move into the new quarters on Jan. 6, is aiming for an on-air test pattern by May 15 and full schedule of programing to start with the beginning of the new school year in September. Approximately 17,000 square feet of space will be occupied by the ETV in its new home. This includes three studios: an audience studio of 8,700 square feet, a smaller studio for regular dayto-day programing and a third which will be converted to a scenic design shop. The 1964 agenda calls for the renovation of studios to be completed by late spring, when the installation of the transmitter and antenna on Mount Wilson should be finished. By midsummer, CTSC is to be fully staffed and totally operational, well in advance of the September air date. Al Crocker, CTSC director of engineering, is in charge of the engineering, construction and installation. Action near on FOI bill A freedom of information bill on which hearings were completed Oct. 31 can be ready for full committee action "early in the next session," according to Senator Edward V. Long (DMo.), chairman of the Senate Administrative Practice and Procedure Subcommittee. Backed by a bipartisan group of 20 senators, the bill was supported by the National Association of Broadcasters. The NAB asked for an exemption from public inspection for confidential income information broadcasters are required to furnish the FCC. BROADCASTING, December 16, 1963 55 "■■lis!'*' fP $~ -kr~-if » r. "C / &>^3&? 0m-. I -In—' — , % HOUSTON'S $25,000,000 YEAR 'ROUND AIR-CONDITIONED DOMED STADIUM First of its kind in the nation! Scheduled for completion in 1964, this all-weather center for big league baseball, professional football, and a wide variety of amateur athletic and sporting events will have a seating capacity of 55,000. A monument to Houstonians' enthusiasm for sports! ■ Houston's Award Winning News Station CREATES THE PERFECT SALES CLIMATE FOR YOUR MESSAGE! THE KATZ AGENCY, INC. JfNUZ NATIONAL REPRESENTATIVE SOLD IN COMBINATION WITH KAY-C, BEAUMONT IN HOUSTON, CALL DAVE MORRIS • JACKSON 3-2581 7 72 (THE MEDIA)