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340 McCoy AND WARNER October
main questions: (1) Will theater television rely on radio, coaxial cable, or wire for intercity and intracity distribution of programs? (2) If radio frequencies are to be used by theater television, does it desire the FCC to allocate frequencies for the use of theater television or does theater television expect to use the frequencies allocated to "Common-Carrier Fixed Circuits," relying on the existing common carriers to provide service to theater television? (3) If radio frequencies are needed, and theater television is not content to rely on the services of established common carriers, what steps should it take to obtain the use of such frequencies? (4) If theater television is to use common-carrier radio coaxial cable and wire lines, what steps should it take to obtain the use of such facilities?
If theater television groups decide to apply to the FCC for allocation of radio frequencies to theater television, or for authorization as a television common carrier, they must sustain the burden of convincing the FCC that a grant of their requests will serve the public interest, convenience, or necessity. In meeting this burden, theater television must establish to the satisfaction of the FCC :
1. That the service requires the use of radio frequencies, and that coaxial cable and wire lines will not provide a practical substitute.
2. That the frequencies requested are not more urgently needed by other radio services, particularly those services necessary for safety of life and property.
3. That there is a substantial public need for the service, and a strong likelihood that the service will be established on a practical working basis.
In prior appearances before the FCC, theater television has not met the burden of proof in these matters. It seems clear that another attempt to secure FCC authorization of the service and allocation of frequencies should be preceded by active steps by the motion picture industry to obtain quantitative data on the public acceptance of theater television, and to obtain definite commitments from qualified theater television groups in as many areas as possible to the effect that they have positive plans to institute the service at an early date. Data obtained by actual experimentation with a multiple-addressee theater television system would be advisable. A clear indication of how theater television could serve the public interest is essential. In the latter connection, it is suggested that a multiple-addressee system, serving not only privately owned theaters, but rendering service on a public-service basis to local, religious, educational, and governmental