Television digest with electronic reports (Jan-Dec 1956)

8 First final decision in months emerged from FCC this week, when Commission reversed examiner and awarded Ch. 6, Paducah, Ky., to WKYB {Sun-Democrat), denying Columbia Amusement Co. (theatres). Commission also issued 2 uncontested CPs, plus grants for 2 translators. Ch. 10, Augusta, Me., was granted to Pine Tree Telecasting, owned by Richard S. Robie (auto & truck rentals, storage, moving) ; Ch. 34, Port Huron, Mich, to WHLS; Ch. 70 & 76 translators to Ochoco Telecasters, Prineville, Ore., which proposes to rebroadcast KOIN-TV & KLOR, Portland. Paducah decision was a close one, so close that new Comr. T. A. M. Craven participated in the 4-3 vote. Dissenters were Comrs. McConnaughey, Hyde & Mack — who rarely line up together in such cases. WKYB was given the nod because of broadcast experience, ownership-management integration, superior civic participation. Commission said theatre organization had edge in “diversification,” but not enough to swing the decision. Commission also frowned on Columbia’s business practices. Paxton family controls WKYB, and Edwin J. Paxton Jr. is to be TV station manager. Leo F. Keiler and family own Columbia Amusement. First “economic injury” question about translators arose, meanwhile, when Commission questioned Orchards Community TV Assn, about its plans for 2 units in Ida. Commission noted objections by KLEW-TV, Lewiston (Ch. 3), which said it couldn’t hope to keep going if the translators are added to existing community antenna systems there. Commission asked Orchards how it would supply service now rendered by KLEW-TV if latter were driven out of business. * * ♦ * FCC upped its batting average in Court of Appeals this week, after series of strike-outs, by getting sustained in its decision to keep share-time WVET-TV & WHEC-TV, Rochester, N. Y. (Ch. 10) on air pending hearing on pro New system of publishing texts of major decisions will be inaugurated by FCC Jan. 11, limiting mimeographed copies to parties involved in specific decisions and the press — but making printed copies available through Govt. Printing Office after about a week’s delay. Commission will continue to announce decisions as at present, but only one copy of full text will be posted for inspection by those other than parties and press. GPO service will be weekly, available at $6.75 annually from Supt. of Documents, GPO, 710 N. Capitol St. Individual copies of weekly pamphlets, entitled “Federal Communications Commission Reports,” will be available from GPO on limited basis at average of 15^ each. Pamphlets will contain about same material heretofore contained in FCC’s annual bound volumes. So far, 14 annual volumes have been printed, covering years up to July 1, 1950. Volumes 15-21, covering period from then until Dec. 31, 1956, will be printed as funds become available. Material covered in weekly service will include major decisions in docket cases, initial decisions which become final, memorandum opinions and orders, etc. Pamphlets will be issued on Fridays, covering material announced during preceding, not current, week. Reason for change, FCC said, is to improve quality of copies available and to make the information available directly from Govt, to those outside Washington. Amendment of NAKTB by-laws to re-establish offices of director-at-large on radio and joint boards of NARTB was approved by 735 to 290 vote this week. Terms of jjresent 8 directors-at-large — 2 each for large, medium, small & FM stations — will expire in April 1967. test brought by radio WSAY. Originally, FCC had dismissed WSAY’s protest “for lack of specificity.” WSAY then won court decision forcing Commission to hold hearing on the protest. Meanwhile, Congress amended protest law and Senate Commerce Committee specifically stated it intended that Commission be permitted to keep existing stations operating in such cases if it felt that public interest so dictated. Contending FCC delayed while waiting for amendment to law, WSAY went back to court demanding stations be taken off air pending hearing. Judges Prettyman, Fahy & Washington, in unanimous decision written this week by Judge Fahy, noted: “The Commission says operations were not required automatically to discontinue upon a finding that the protest was valid and called for a hearing. We think this construction of the statute is a reasonable one which we should accept.” Court also stated it didn’t believe WSAY had been deprived of “due process” when FCC applied amended protest law to keep the TV stations operating. * ie Allocations front was relatively quiet. There were reports that an FCC crew was surveying Peoria-Springfield-Decatur area, studying field strengths, market data, etc. — but Commission sources said this is only part of continuing project of collecting propagation data, not a “deintermixture study.” One channel change was finalized — shift of Ch. 15 from Angola to Ft. Wayne, replacing it with Ch. 77. Since WINT now uses Ch. 15, with studio designated as W^aterloo, it is now free to apply for Ft. Wayne identification. With some attorneys bitterly opposed to certain provisions of FCC’s proposed changes in Part I of its rules, covering procedures. Federal Communications Bar Assn, has scheduled seminar in Dept, of Commerce auditorium evening of Nov. 30. Participants will include FCC staff members and FCBA committee under chairmanship of ex-FCC gen. counsel Benedict P. Cottone. TV sales and transfers reported this week: (1) WRGPTV, Chattanooga (Ch. 3) will have Ramon G. Patterson as sole owner, following his acquisition of additional 50% interest from Judge Will Cummings, who plans to place his funds in foundation for home for elderly. Patterson is paying $95,800 for Cummings’ interest, also paying off $32,000 in notes due him. WRGP-TV Sept. 30 balance sheet filed with application shows deficit of $90,339. Tangible property is listed at $553,927 out of total $681,483 assets. (2) CP for WINR-TV, Binghamton, N. Y. (Ch. 40) is included in $165,000 sale of 10-year-old radio WINR by group headed by Mayor Donald W. Cramer. Buyer Binghamton Press plans to build TV “as soon as practicable,” according to newspaper’s gen. mgr. Albert B. Engelbert. Previously reported sale of properties to Peter Bordes and Joseph L. Rosenmiller last summer (Vol. 12:36) has been cancelled. (3) KSHO-TV, Las Vegas (Ch. 13) and KBMI, Henderson, Nev. are being sold for some $303,000 by Moritz Zenoff to Albert Zugsmith interests (Vol. 12:38), according to application filed with FCC this week. KSHO-TV sale is for $26,000, with buyer assuming $195,000 in obligations, including $45,000 advanced by Wilbur Clark, owner of Las Vegas’ Desert Inn. Radio KBMI sale is for $65,000 with new owners assuming $17,500 in obligations. (4) KEROTV, Bakersfield, Cal. (Ch. 10) is being sold by Albert E. DeYoung interests, details undisclosed. James L. Knight, exec. v.p. of Knight Newspapers Inc. (WAKR-TV & WAKR, Akron; part ownership of WCKT & WCKR, Miami), elected pres, of Southern Newspaper Publishers Assn.