NAEB Newsletter (Aug 1952)

Two Commissioners Dissent Commissioners Hyde and Jones dissented to the Kansas State College grant. In a dis¬ senting opinion Commissioner Hyde said: ”In my /pinion, applicants for permits to establish noncommercial educational stations should be given every reasonable consideration possible looking toward constructive action. However, rather than granting the application of Kansas State College of Agriculture and Applied Science, Manhattan, Kansas, for a noncommercial educational TV station on the basis of the present showing, the Commission should notify the ap¬ plicant of certain basic defects and give opportunity for reply as contenplated by Section 309(b) of the Act as recently amended, '•Examination of the present application indicates that the applicant’s own governing ooard, the State Board of Regents, has not approved construction of the proposed station, although it did authorize the applicant to apply to the Commission for the assignment of Channel 8 to Manhattan, Kansas, to Kansas State College for an educa¬ tional television broadcasting station and to file an application. In the same meet¬ ing, it authorized the appointment of a commottee to discuss with the tkiiversity of Kansas and Kansas State College the proposal to establish a television station or stations. Exhibit II of the application,) No information has been made available to the Commission as to the results of the committee discussions or as to any further action by the board, ’’The application gives the estimates cost of construction as $362,6214, and the cost of operation the first year as $332,800, But it does not appear from the application that any steps whatsoever have been taken toward establishment of a budget for the purpose of construction. On the contrary, it appears that funds for construction will require further board approval even before the request is submitted to the legislature,, ^’Section 1.382 of the Commission Regulations requires a showing that an applicant is legally, technically, and financially qualified as a condition precedent to a grant without hearing. '’I question whether granting applications under the conditions presented in this case would be consistent with the Commission’s own responsibilities, I doubt -fohether granting applications without a showing of authority; without a firm showing or in¬ tention to construct within the foreseeable future; and without at least some showing as to a financial plan, will encourage actual construction.” Commissioner Jones also stated that, in his opinion, the financial qualifications of the Kansas State College of Agriculture and Applied Science, to build and operate this station should be shown before a grant of its application is made. Other Grants to New York State The other five grants were to the University of the State of New York for stations at Albany, Buffalo, Binghamton, New York City and Rochester. On July 2h the Commission issued construction permits for stations at Albany, Buffalo, and Rochester. The Al- oany station will operate on Channel 17 (plus) with antenna height l,lfL0 feet above average terrain (BPET-3). The Buffalo station will operate on Channel 23 with antenna height 630 feet above average terrain (BPET-U). The Rochester station will operate on Channel 21 with antenna height 700 feet above average terrain (BPET-6). Each station x-dll have effective radiated power of 23*1 dbk (205 kw) visual and 20,3 dbk (110 kw for Albany; 105 kw for Buffalo and Rochester) aural. These grants are like¬ wise subject to engineering conditions. Commissioners Hyde and Jones also dissented to the New York grants. PLAN TO ATTEND THE NAE3 ANNUAL CONVENTION IN MINNEAPOLIS, NOVEMBER 6-7-8