Television digest with electronic reports (Jan-Dec 1959)

6 AUGUST 3, 1959 cast day be denied to networks 6 days weekly. The hour may be 60 consecutive minutes or 2 half-hour periods. FCC could cut reserved time to 30 minutes in 2-station markets, none in single-station markets, “upon a showing that effective network competition would be adversely affected.” Also, stations would be permitted to let networks run into reserved time with unusually long programs of “national importance.” SRA also endorsed FCC’s proposals on straddle programs, option-time notice period and program rejection, stating that they’re “designed to strengthen licensee responsibility.” Turning to option time on radio, SRA urged its elimination because “there is no longer any basis for assuming that option time in radio is even reasonably necessary as a business convenience.” KTTV Los Angeles asserted that FCC must throw option time out because Justice Dept, says it’s illegal and the Commission is required to enforce the anti-trust laws. The station quoted the 1954 U.S. Supreme Court decision on broadcast lotteries: “There cannot be one construction for the FCC and another for the Dept, of Justice.” FCC shouldn’t encourage the industry to violate the law, KTTV said. “The industry might well decide,” it stated, “that the short-term gains from illegal option time, in effect licensed by the Commission, outweigh the distant retribution threatened by the Dept, of Justice opinion.” The station suggested that the Commission adopt a rule prohibiting option time but keep the rule on ice while networks litigate; this, it said, would be fair to networks. It also asserted that FCC is “duty bound to recheck” its current option time proposals with Justice Dept, if it has any doubt about their legality. Orlando Ch. 9 “influence” case, remanded to FCC by the Court of Appeals (Vol. 15:21), was reopened last week for an evidentiary hearing “at a date to be subsequently announced,” FCC giving all parties until Aug. 10 to request participation. Following terms of the court order, which called for a special hearing examiner, FCC said these questions in the Ch. 9 grant to WLOF-TV will be explored: (1) Should any Commissioner be disqualified from the reopened proceedings? (2) Did anybody influence or attempt to influence any FCC member in the award? (3) Did “misconduct or improprieties” figure in the grant? (4) Should WLOF-TV or any other applicant be disqualified ? Actor Bob Hope, in the formal form of “Leslie Towns Hope,” turns up as a stockholder in WIP Bcstg. Inc., the 4th applicant for Wilmington’s Ch. 12. He will hold 33.9% of Class A stock, which votes for 3 directors. Pres. Benedict Gimbel (radio WIP Philadelphia) remains the major stockholder, with 51% of Class B, which elects 4 directors. The other principal Class B holders are Ralph S. Brent, v.p., 21.25%; Clifford C. Harris, treas., 3.4%; A. Arthur Miller, secy., 2.125%. Another substantial Class A holder is director John P. Crisconi. It was the only application filed last week, brings the total pending to 108 (15 uhf). Sale of WNBC (Ch. 30) Hartford by NBC to Conn. TV Inc. (Vol. 15:26) has been held up by FCC which last week sent the parties a MacFarland letter indicating that a hearing is necessary to examine “overlap of interest and concentration of control.” The company buying the station is owned by WWLP (Ch. 22) Springfield, Ma.ss. and WICS (Ch. 20) Springfield, 111. Bakersfield, Cal. uhf grants — KICU (Ch. 17) & KFBL (Ch. 39) — were affirmed by the FCC, which denied protests filed by KBAK-TV (Ch. 29). More about LAR DALY REVERSAL: The Senate voted last week to add language to equal-time Sec. 315 of the Communications Act so that it means approximately what it did for 25 years prior to last Feb. 19, when FCC decided that newscast appearances by candidates — like campaign speeches — are political “use” of broadcasting stations. Approving by voice vote an amended Commerce Committee bill (S-2424) to exclude most TV & radio news shows from FCC-imposed Sec. 315 requirements (Vol. 15: 29-30), the Senators used such words as “stupid” and “silly” to describe the Commission’s Lar Daly dictum. But in moi’e than 2 hours of wide-swinging debate on equaltime issues they also said, over & over again: “You can’t trust broadcasters” (see p. 2). No defense of the Lar Daly newscast decision was offered on the Senate floor — but the nullifying measure sponsored & floor-managed by Sen. Pastore (D-R.I.) didn’t have clear sailing either. The Senate had to beat down an amendment by Sen. Long (D-La.) to cancel the Sec. 315 news program exemptions on June 30, 1960, and another proposal by Sen. McCarthy (D-Minn.) & others making documentary shows subject to equal-time demands by candidates. In final actions, the Senate: (1) Eliminated panel news shows from exemptions specified by the Pastore bill. (2) Inserted a clause sternly warning broadcasters to watch “the public interest” in news programming. (3) Wrapped up the altei’ed measure and sent it along to the House with a hope for quick concurrence in its major provisions. No immediate floor action on Lar Daly was in sight in the House, however. A similar Sec. 315 bill (HR-7985) by Rep. Harris (D-Ark.) was approved by his Commerce Committee a week earlier (Vol. 15:30). But the slow-moving House commitee will have to meet again— possibly early this week — to go over its formal report on the Harris measure, a draft of which was written last week by its communications counsel Kurt Borchardt. After the House committee adopts a report, the bill must be cleared to the floor by the Rules Committee headed by Rep. Smith (D-Va.) — and that may take several weeks or longer. In no hurry, Harris himself said he agreed with other House leaders that a “normal course” should be followed in processing his bill through the Rules Committee. In its revised form, the Senate bill exempts “any newscast, news interview, news documentary, on-the-spot coverage of news events” from equal-time requirements. The pending House bill gives exemptions to any “bona fide newscast (including news interviews) or on-the-spot coverage of news events (including political conventions & activities incidental thereto).” A Senate floor amendment offered by Sen. Engle (DCal.) and accepted without much argument by Pastore struck “panel discussion” from the news show category approved by the Senate committee. Engle & others pointed out that subject matter of panel programs can stray far away from spot news, giving a politician-participant a field day on the air. A move by Sen. McCarthy to remove documentaries from the list on similar grounds was defeated, although he had vocal floor support. The Senate’s watch-your-step admonition to broadcasters was written into Sec. 315 in an amendment by Sen. Proxmire (D-Wis.). It was described by Pastore as “surplusage” in view of the intent of the language of the rest of the law, but carried easily.