NAB reports (Jan-Dec 1945)

J. H. Ryan, President C. E. Arney, Jr., Secretary-Treasurer Lewis H. Avery, Director of Broadcast Advertising ; Robert T. Bartley, Director of Government Relations ; Helen A. Cornelius, Asst. Director of Broadcast Advertising ; John Morgan Davis, General Counsel; Wil¬ lard D. Egolf. Director of Public Relations ; Howard S. Frazier, Director of Engineering ; Dorothy Lewis, Coordinator of Listener Ac¬ tivity; Paul F. Peter, Director of Research; Harlan Bruce Starkey, Chief, News Bureau; Arthur C. Stringer, Director of Promotion. “(a) It will be the future policy of Station WHKC to consider each request for time solely on its indi¬ vidual merits without discriminations and without prejudice because of the identity of the personality of the individual, corporation, or organization desiring such time. “(b) With respect to public issues of a controversial nature, the station’s policy will be one of open-minded¬ ness and impartiality. Requests of all individuals, groups, or organizations will of necessity have to be considered in the light of the contribution which their use of time would make toward a well-balanced pro¬ gram schedule, which the station will try at all times to maintain in the interest of the people it serves. “(c) Station WHKC will make time available, pri¬ marily on a sustaining basis, but also on a commercial basis, for the full and free discussion of issues of public importance, including controversial issues, and dramatizations thereof, in order that broadcasting may achieve its full possibilities as a significant me¬ dium for the dissemination of news, ideas, and opin¬ ions. And, in doing so, there will be no discrimination between business concerns and non-profit organiza¬ tions either in making time available or restricting the use of such time. Non-profit organizations will have the right to purchase time for solicitation of memberships. “(d) Station WHKC will, if it refuses time for public discussion, do so in writing showing reasons for such denial to the extent that requests for time are made in writing. “(e) The censorship of scripts is an evil repugnant to the American tradition of free speech and a free press, whether enforced by a government agency or by a private radio station licensee. Broadcasts by candidates for public office may not be censored under the law. But as to all other broadcasts, Station WHKC will not censor scripts, or delete any matter contained in them, except for reasons which it believes to be in accordance with the law and existing regula¬ tions as set forth in its Statement of Policy and as explained and interpreted in the record testimony. ( See Editor’s Note.) In the light of future experience this policy may be changed through action by the courts, the legislature or by rules of government bodies having jurisdiction over particular subject mat¬ ter. It will be the policy of the station to adjust its practices to such changes, reflecting at all times the tolerance which the interest of the public renders es¬ sential. “(f) The station will see that its broadcasts on controversial issues, considered on an overall basis, maintain a fair balance among the various points of view, i.e., over the weeks and months it will maintain such a balance with respect to local and network pro¬ grams, both sustaining and commercial alike. “The parties believe that the above statement of policy properly sets forth the duties of a licensee under the Communications Act of 1934 with respect to the avail¬ ability of time for discussion of issues of public impor¬ tance, the censoring of scripts by licensees, and the main¬ tenance of an overall program balance.” 5. As indicated in paragraph 2 hereof, the present pro¬ ceeding puts in issue the duties of a licensee, under the statutory mandate, to operate in the public interest, con¬ venience. and necessity, to maintain an overall program balance by providing time on a non-diScriminatory basis for discussion of public controversial issues and for the solicitation of memberships for non-profit organizations. It is recognized, of course, that the physical limitations on the amount of spectrum space available for radio broad¬ casting and the large demands upon radio stations for use of time make it impossible for every person desiring to use the facilities of a station to be granted this privilege. Under Section 3(h) of the Act, broadcast stations are expressly declared not to be common carriers. These facts, however, in no way impinge upon the duty of each station licensee to be sensitive to the problems of public concern in the community and to make sufficient time available, on a non-discriminatory basis, for full discussion thereof, without any type of censorship which would undertake to impose the views of the licensee upon the material to be broadcast. The spirit of the Communications Act of 1934 requires radio to be an instrument of free speech, subject only to the general statutory provisions imposing upon the licensee the responsibility of operating its station in the public interest. 6. No single or exact rule of thumb for providing time, on a non-discriminatory basis, can be stated for application to all situations which may arise in the operation of all stations. The Commission, however, is of the opinion that the operation of any station under the extreme principles that no time shall be sold for the discussion of controversial public issues and that only charitable organizations and certain commercial interests may solicit memberships is inconsistent with the concept of public interest established by the Communications Act as the criterion of radio regu¬ lation (CF in re the Mayflower Broadcasting Company, 8 FCC 338). The Commission recognizes that good pro¬ gram balance may not permit the sale or donation of time to all who may seek it for such purposes and that difficult problems calling for careful judgment on the part of sta¬ tion management may be involved in deciding among applicants for time when all cannot be accommodated. However, competent management should be able to meet such problems in the public interest and with fairness to all concerned. The fact that it places an arduous task on management should not be made a reason for evading the issue by a strict rule against the sale of time for any programs of the type mentioned. 7. The agreed Statement of Policy submitted by the parties herein appears to set forth generally a fair and non-discriminatory policy which WHKC, the licensee, has undertaken to apply to the presentation of controversial public issues and to the solicitation of memberships by non-profit organizations in the maintenance of overall program balance. On the basis of this undertaking, we are of the opinion that the joint motion should be granted and the proceeding dismissed, and IT IS SO ORDERED THIS 26th DAY OF JUNE, 1945. Federal Communications Commission. T. J. Slowie, Secretary. Editor’s Note: The first two paragraphs of the State¬ ment of Policy given by Carl M. Everson, WHKC manager in his record testimony, were identical to paragraphs (a) and (b) of the agreed statement as set forth in the Com¬ mission’s decision. The remaining portions of his State¬ ment of Policy, which seemingly clarify the meaning of paragraph (e) of the agreed statement reads as follows: “Where controversial questions materially affect the life, interest or welfare of any substantial group of the com¬ munity, the station will endeavor to make the time avail¬ able on a sustaining basis to opposing sides and with only such program supervision as is required by the law. “With the exception of broadcasts by candidates for political office, which may not be censored under the (Continued on page 258) June 29, 1945—256