Television digest with electronic reports (Jan-Dec 1959)

— 13 — FAST START FOR BUFFALO ETV: WNED-TV (Ch. 17) Buffalo begins March 30, having been given special temporary authorization by FCC March 25 for permission to operate until May 29, carrying 2 hours of inschool programming in the afternoon, 2 hours of adult education in the evening. It’s the 42nd non-commercial outlet and boosts the on-air total to 553 (87 uhf ) . WNED-TV, operated by non-profit Western N.Y. Educational TV Assn., is using the transmitter of off-air WBUF (Ch. 17) donated by NBC. It also is being given use of WBUF’s former tower by current owner WBEN-TV (Ch. 4), which doesn’t plan to move studios to that site until later in the year. After WGE-TV (Ch. 2) moves to its new transmitter site, that station is turning over its tower on Lafayette Hotel, along with a 5-year lease on space, to WNED-TV which plans to start again in the fall after the move. Frank Harms, ex-WBUF, is gen. mgr.; Leslie Martin ex-WTHS-TV Miami, program mgr.; Mike Collins, ex-Mich. State TV-radio dept., promotion mgr.; Gordon Knaier, ex-WBUF, chief engineer. Splitting their operations after a 15-year association, J. Elroy McCaw and John D. Keating last week revealed terms of the division. McCaw receives Keating’s 25% interest in Gotham Bcstg. Corp. (WINS N.Y.) and Keating takes over McCaw’s 50% interest in Island Bcstg. Co. (50% owner of KONA Honolulu) and 100% interest in KDAY Santa Monica, Cal. Keating also gets $355,000 in notes from sale of KYA San Francisco to the Kartell group last year for approximately $1 million. After the deal is approved by the FCC, McCaw will own all of WINS N.Y., KTVW (Ch. 13) Tacoma-Seattle, 50% of KELA Centralia, Wash. He will also own all of KTVR (Ch. ,2) Denver, FCC this week having approved the sale of 50% held by Radio Hawaii to Gotham Bcstg. Corp. Also revealed this week was sale of McCaw’s 33%% interest in KALE Richland, Wash., to Gen. Mgr. L. G. Dix and Harold Deutsch for $150,000. Keating will own 50% of KONA (Ch. 2) Honolulu and 100% of KDAY Santa Monica. Loew’s Theatres Inc. is the latest film organization planning to expand into multi-station ownership, following the same path planned by Screen Gems (Vol. 15:12) and already explored by NTA. The theater circuit, now divorced officially from Loew’s Inc. (MGM), intends to buy radio stations, primarily independents, up to the FCC limit, and may acquire TV outlets in the process. Loew’s Theatres already owns 36-year-old WMGM N.Y., which grossed over $2,500,000 last year. Movie-producing Loew’s Inc. owns 25% of KTTV Los Angeles, once held 25% of KMGMTV Minneapolis (now KMSP-TV, owned by National Theatres’ NTA) and 25% option on KTVR Denver. Fred W. Miller, Jr., a dir. of Headley-Reed rep firm of which his father is chairman, this week bought radio WRVM Rochester, N.Y. from Harry Trenner for $358,750. The sale was handled by Allen Kander & Co., whose first radio station sale, in 1944, was to Frank W. Miller Sr. (WSAR Fall River, Mass.). CBS is selling WXIX (Ch. 18) Milwaukee, which goes off air April 1 (Vol. 15:9), to newly formed WXIX Inc., headed by Gene Posner, pres. & principal owner of radio WMIL — which held CP for Milwaukee’s Ch. 31 in 1953. Storer Bcstg. Co. is selling WAG A Atlanta, to remain within the 7-station limit after buying KPOP Los Angeles for $900,000, (Vol. 15-11). Status of influence’ Cases: The trial of ex-FCC Comr. Richard A. Mack and friend Thurman A. Whiteside on charges of “conspiracy” in the Miami Ch. 10 case (Vol. 15:8) will start as scheduled on April 7, Federal District Court Judge F. Dickinson Letts ruled in Washington. Judge Letts rejected defense attorney’s claims that they won’t be able to subpoena certain Representatives & Senators for the trial while Congress is in session, saying that he had never had any difficulty obtaining Congressmen’s testimony — in session or out. He also declined to postpone the trial on the grounds that Mack is still in no physical or mental condition to stand trial. Said the judge: “It is my belief that Mack is emotionally concerned and that this will not be relieved as long as these charges hang over his head.” Deferring to Judge Letts’ desires, meanwhile, FCC postponed its own oral argument on the Ch. 10 case from April 23 to May 21. The judge had expressed fear that publicity over the Commission’s proceedings might prejudice the criminal trial. In the Orlando Ch. 9 case (Vol. 15:44), FCC this week decided that it will conduct an evidentiary hearing similar to those of the Miami Ch. 10 & Boston Ch. 5 cases but that it won’t start until the court of appeals acts in the case — which was sent back to it by the U.S. Supreme Court. The Orlando case involves allegations that representations in favor of Ch. 9 winner WLOF-TV had been made to Comr. Mack by Orlando attorney William H. Dial, who had once done some work in Florida for WLOF-TV. In the Orlando Ch. 9 case (Vol. 14:44), FCC this week closed the records & set April 20 as the deadline for the filing of briefs. May 1 for oral argument. Courtroom camera bans under the American Bar Assn.’s Canon 35 should be reviewed & revised by a joint committee of lawyers & newsmen, National Press Photographers Assn, chairman Joseph Costa said this week. Participating in a Ford Foundation-financed Northwestern U course for reporters of crime news, he said: “The reason the Bar Assn, is so insistent about keeping photographers & broadcasters out is because the Assn, is prejudiced against all the media. They can’t keep out the word reporters in general, so they take it out on photographers.” A CP for Ch, 12 Aguadilla, P.R. should be gx’anted to Western Bcstg. Corp. of P.R., FCC examiner Millard F. French recommended in an initial decision this week, following the merger of Western and its competitor — a partnership comprising Jose A. Bechara Jr., A. GimenezAguayo & Reynaldo Barletta. Western is headed by Hector Reichard, operator of WABA Aguadilla; v.p.-treas. is John G. Johnson, part owner of WAPA-TV (Ch. 4) San Juan. Cancellation of CP for KDSJ-TV (Ch. 5) Deadwood, S.D. was threatened by the FCC this week, unless the grantee requests a hearing and proves that conditions beyond its control have prevented it from starting construction for the last 2 years. The Commission also raises a question about the CP-holder’s financial qualifications. Single application filed this week for a new TV station was for Ch. 13, Panama City, Fla. by a local group headed by contractor C. H. Chapman Jr. This brings the total number of applications pending to 90 (17 uhf). Portland Ch. 2 hearing is now 2-way — KPOJ withdrawing, leaving as contestants, Fisher Bcstg. Co, (KOMO-TV Seattle) and Tribune Publishing Co. (KTNT-TV Tacoma).