Weekly television digest (Jan-Dec 1960)

VOL. 16: No. 7 9 Congress North American Regional Broadcasting Agreement and the U.S.-Mexican AM treaty (Vol. 16:5 p7) will get quick Senate ratification, it was indicated last week. A Senate Foreign Relations Subcommittee headed by Sen. Morse (D-Ore.) voted unanimously after hearings on the long-pending pacts to recommend ratification — without reservations. The full Committee headed by Sen. Fulbright (D-Ark.) concurred. NARBA terms, negotiated by the State Dept. 9 years ago, cover radio allocations in Canada, Cuba, Dominican Republic, Jamaica and the Bahamas. The Mexican pact has been snagged since 1957. Both have been opposed by U.S. radio daytimers despite pleas for ratification by spokesmen for the State Dept., FCC and other segments of the broadcasting industry who argued that the agreements were needed to prevent international channel jumping. Federal probe of agencies by the Senate Judiciary Administrative Practice & Procedure Subcommittee (which got almost nowhere last session — Vol. 16:4 pl2) has won another go-ahead — but only after a spirited Senate floor debate on its merits. Chmn. Carroll (D-Colo.) was granted a $115,000 appropriation for 1960 work by his subcommittee & 9 staffers (including an economist & accountant) in trying to overhaul laws & regulations covering FCC & 100 other agencies. It took some fast floor work by Can’oll, however, to overcome tart objections by Sens. Ellender (D-La.) & Curtis (R-Neb.). Ellender argued that it was time to halt soaring Senate expenditures for investigations of “everything from juvenile delinquency to world health.” Curtis said inquiries such as Carroll’s threatened “legislation by staff rather than by elected Senators.” “Lewdness & debauchery” are promoted by TV when such movies as 1948 French-made “The Devil in the Flesh” are shown on the air, according to Sen. Lausche (D-0.) He first lashed out at the film (shown at 11 p.m. Jan. 30 by WMAL-TV Washington) during Senate Commerce Communications Subcommittee allocations hearings, then went on the Senate floor to say that it’s “a mockery of decency” for TV to present the film, “which openly portrayed the illicit relations of a young married woman and her teenage lover.” He also assailed TV showing of “I Am a Camera” as an example of “programs which cannot have any other impact than to debauch & contaminate [nation’s] youth.” Transistor radios donated by Admiral, RCA & Zenith are being sent around the world to 15 Voice of America listeners who participated in an audience survey to determine effectiveness of overseas English-language programs. Winners of the shortwave sets were drawn in Washington by USIA dir. George V. Allen from 65,000 replies from listeners who were asked to send in names, ages, addresses and occupations and identify programs they heard. Communications Act changes complying with FCC requests, are proposed in bills by House Commerce Committee Chmn. Harris (D-Ark.) to relieve the Commission of the duty of filing annual personnel reports to Congress (HR-10261) and apply painting & lighting standards to unused as well as in-use towers (HR-10259). Similar legislation had been introduced by Senate Commerce Committee Chmn. Magnuson (D-Wash.) earlier (Vol. 16:6 pll). Radio daytimer hours would be changed to 6 a.m.-to6 p.m. from sunrise-to-sunset under a bill (HR-10275) by Rep. Felly (R-Wash.). It’s similar to a measure (HR-9627) proposed earlier by Rep. Abernathy (D-Miss.) (Vol. 16:3). The FCC Use of Ch. 9 in Baton Rouge temporarily by WAFBTV (Ch. 28) was denied by the Court of Appeals last week as it vacated FCC’s Special Temporary Authority (STA) which had authorized the shift. The Commission had granted the STA over the objections of radio WIBR, a competitor for Ch. 9. The Court (Judges Burger & Miller, with Danaher dissenting) stated that the Commission didn’t show it gave attention to the objections raised, including the fact that there is common ownership & overlap in coverage between WAFB-TV & WDSU-TV New Orleans. The Court said that the Commission should have made “comprehensive findings on all relevant factors, including, but not limited to, the basis of the ‘public need,’ and, where appropriate, the question of concentration of mass media, in situations where (a) the public already has some service, or (b) where the ‘temporary’ operation may well last 2 or 3 years, or (c) where the investment of the ‘temporary’ operator is so large as to make his failure to prevail in the comparative hearing oppressive on him.” The Court showed skepticism about FCC’s assertion that WAFB-TV’s temporary operation wouldn’t influence its final comparative decision, saying: “It is suggested that to question this involves a challenge to the good faith of the Commission. But this is not a matter only of good faith. Ordinary human experience tells us that these factors have a force which cannot always be set aside by the triers no matter how sincere their effort or intent . . . they are mortal men.” Third station for Providence will come much quicker if Ch. 6 is left in New Bedford area instead of being shifted to Providence as FCC proposes, according to Eastern States Bcstg. Co. This organization and Wilson Bcstg. Co. — competitors for Ch. 6 with WNBH New Bedford — had agreed to a deal leaving WNBH unopposed for the CP. FCC’s channel-shift proposal appears to have made the arrangement fruitless. Eastern last week asked the Commission for a special conference, en banc, hoping to dissuade it from the shift. It stated; “A prompt grant of the [WNBH] application offers the best & simplest method of securing additional service to the ProvidenceFall River-New Bedford area at the earliest possible moment. Any other attempted method of obtaining such service would involve prolonged rule-making proceedings, show-cause proceedings, comparative proceedings and probably court litigation.” Retrial of ex-FCC Comr. Richard A. Mack & Thurman A Whiteside on, Miami Ch. 10 conspiracy charges (Vol. 16:6 pll) was set last week for April 25 in U.S. District Court, Washington. In scheduling the second trial. Judge Alexander Holtzoff said Whiteside would be tried separately if Mack — now in a Miami hospital for mental examination^— is unable to appear. Govt, attorneys were authorized to hire one or more psychiatrists to check on Mack’s condition and submit a report to the Court. Meanwhile, Mrs. Susan S. Mack sued him for divorce in Miami, alleging that Mack engaged in “habitual” drinking which made him “disgusting & intolerable.” Mack’s drinking habits also were noted in a hospital report read to Judge Holtzoff by Justice Dept, attorney Oliver Dibble. It said emotional & mental disturbances brought on by Mack’s trial troubles led him into consuming from one to 1^ pints of liquor a day, that he is tense, nervous & depressed. WESH-TV Daytona Beach, Fla. has requested a waiver of FCC rules to identify itself also with Orlando.