Television digest with electronics reports (Jan-Dec 1954)

2 v/ere unfair both as to allocations of time and commentaries — and he wants editorializing on TV and radio stopped. He was so scornful of the Potter subcommittee's recent proposal to set up -an ad hoc committee on uhf that he scuttled it, calling it "buck passing" (Vol. 10:32). Nick Zapple, Senate committee communications counsel, will work with Jones, and Bricker said results of staff study will be presented to full committee at next session of Congress. Then, if GOP is still in power and he's still chairman, he intends to hold hearings. Meanwhile, the network executives and most of the station owners, facing a boom TV commercial & programming season and prodigious job of keeping radio on even keel, make no bones about disrelish of tasks the Jones committee, with its subpoena powers, will doubtless set before them during next few months. Networks recall Jones as an implacable enemy of "bigness" during his FCC tenure — and only a few weeks ago, arguing before FCC in the AM skywave hearings, he contemptuously referred to CBS chairman Wm. Paley and NBC chairman David Sarnoff as "sultans of squat" who are becoming "maharajahs" by "sitting on their frequencies". He's the man who started the whole long color controversy, which held up TV for at least 2 of the 3 freeze years. It led to FCC adoption of the non-compatible system which the industry completely rejected and which was later dropped. His 80-p opinion in color decision literally excoriated the electronic industry for allegedly conspiring for 10 years to hold back color TV — never once mentioning that 6 were war years when civilian production was frozen stiff and all TV-radio productive effort was concentrated on what proved to be a distinguished wartime record. FAR-REACHING COURT RULING ON FCC HEARINGS: Extremely significant decision by U.S. Court of Appeals for the District of Coliombia this week has net effect of increasing power of examiners, making FCC much more hesitant about reversing examiners' decisions — and probably encouraging more applicants defeated in hearings to appeal. It has FCC so disturbed that it very likely will seek appeal to U.S. Supreme Court. Decision was in an AM case — but it's equally applicable to TV. It was a 2-1 ruling by Judges Bazelon & Miller, with Judge Prettyman dissenting, in 9-year fight between Allentown Bcstg. Corp. (Kirkland, Fleming, Green, Martin & Ellis, coun sel) and Easton Publishing Co. (Eliot C. Lovett, counsel) for 1230 kc. Allentown won the original hearing, put WHOL on air with 250 watts, CBS affiliation. Easton Publishing appealed, court sent case back to FCC which then reversed itself and gave grant to Easton, now holding CP for 1230 kc. Allentown Bcstg. there upon appealed, bringing this week's decision which again sends case back to FCC. Significance, of decision is that court injects itself further into FCC decisions than it has heretofore. Court said FCC erred in ignoring Easton's "(1) uncertainty as to programming plans, (2) reluctance, evasiveness and lack of candor, and (3) monopoly and concentration of communications media." Majority said examiner had given these proper weight in awarding grant to Allentown, and that FCC was remiss in not giving those factors considerable importance. Dissenting Judge Prettyman warned: "I fear that the opinion advances some unwise new law in the administrative field." He contended that the record failed to show that Easton witnesses were uncertain about program plans or that they lacked candor. As for fact Easton owns a newspaper (the Express), he stated: "The permissible amount of concentration of mass communications, involving broadcast stations and newspapers, is peculiarly a problem for the Commission. Here, indeed, is a regulatory problem. Ownership of a station by a newspaper can hardly be denounced per se. In the District of Columbia 2 of the 4 radio-TV stations are owned by newspapers. In the instant case the Commission weighed many factors in this connection and produced a judgment on the point. I think the court should let it alone." He buttoned up his opinion with these words: "It seems to me that the court is merely substituting its judgment for the judgment of the Commission as to which of these applicants should have the license. It has no power to do that." Note : In the intervening years, Easton Publishing Co. has acquired TV station WGLV (Ch. 57) and WEEX-FM.