Television digest with electronic reports (Jan-Dec 1954)

(Vol.8;35). This proposal was vetoed by military members. Air Force representative moved to recommend high-tower ban to top ACC. CAA amended proposal to include the govt. -industry study group, but the military opposed this move. Because of lack of unanimity, technical div. took no action on any proposal, and whole business automatically is referred to top ACC. FCC and State Dept, abstained on votes. Unanimity is also required for action by top ACC, which is expected to consider high-tower question next month. Because such unanimity seems \inlikely, the govt . -industry study plan now appears best bet. l:jc :jc ^ Legality of proposed ban was questioned by FCC's John Evans at this week's meeting. He said that regardless of any ACC tower ban, the FCC probably would be legally required to take action on high-tower applications, and that those who object could express their opposition individually at FCC hearings. TV industry spokesmen appearing at the meeting to oppose proposal were NARTB chief attorney Vincent Wasilewski, Robert Kennedy for Assn, of FCC Consulting Engineers, aeronautical consultant Lowell Wright, attorney Neville Miller for WHAS-TV, Louisville ; Frank Fletcher for WBEN-TV, Buffalo ; Eugene F. Mullin Jr. for WSLA, Selma, Ala. (CP). Their principal arguments: Proposal violates mandate of Congress to FCC, would require freeze and new allocation, and runs directly counter to 1952 TV-aviat ion-govt . agreement. They argued that aviation, as one user of airspace, should not be permitted to "dictate" to TV, another user; that real fault may lie in antiquated air traffic rules. NEWSPAPERS JOIN APPEAL ON DIVERSIFICATION': Publishers' mounting anger at the FCC's steadfast discrimination against newspapers in TV hearing decisions boiled over this week, when American Newspaper Publishers Assn, voted to join court appeal against Commission's "diversification" policy. ANPA chose as prime test case the decision which granted Ch. 10, Sacramento, to Sacramento Telecasters, over McClatchy newspapers (KFBK) . ^.McClatchy had appealed, and ANPA will file amicus curiae brief, through Washington counsel Elisha Hanson, probably some time in February. ANPA has picked a good case, because examiner Thomas Donahue had recommended grant to McClatchy in his initial decision, saying its record of civic contribution was so great that it outweighed fact McClatchy already had newspaper and broadcasting interests, and because FCC itself conceded McClatchy' s exemplary record even while awarding the CP to opponent (Vol. 10:41). Attacking FCC policy, ANPA gen. mgr. Cranston Williams asserted: "By a distorted construction of its authority under existing law, the Commission has been and is now discriminating against persons associated with newspapers solely because [they] are associated, with newspapers." (For other actions involving FCC, see p. 6). SPADEWORK FOR TV-RADIO MONOPOLY PRORE: covering the entire waterfront of TV-radio broadcasting practices — including programming — Sen. Kilgore (D-W.Va. ) this week made first annotmcement of his proposed monopoly investigation (Vol. 10:49). Some conflict with current Senate Commerce Committee investigation of uhf and networks is inevitable if Judiciary Committee inquiry goes into all angles mentioned in Kilgore's statement — particularly in this paragraph of his press release: "The Senator also expressed interest in the practice of one station tying up 2 networks, thus denying network programs to another station in the same market, and [the] proposed subscription TV, in an effort to determine how it could aid small station operators, and whether the American public would be willing to pay for entertainment which has historically been given to it free of charge." Issues of jurisdiction in the 2 simultaneous probes will be ironed out between representatives of Judiciary and Commerce groups, Kilgore aides say. Broadcaster Howard Chernoff, principal owner of WTAP, Parkersburg, W. Va. , and 5% owner of TV application for Oakland, Cal., will serve as consultant on the probe, and plans to begin work soon after first of year when Kilgore assumes chair