Weekly television digest (Jan-Dec 1960)

14 MAY 16, 1960 Congress Payola Probe Record Closed: Not a single post-hearing statement by any disc jockey, music firm or broadcaster named in the headlined House investigation of payola practices was filed last week to meet the deadline set for closing the voluminous record of the proceedings. Chmn. Harris (D.-Ark.) of the Commerce Legislative Oversight Subcommittee had marked May 10 on his calendar as the cut-off date for rebuttals to or fuller explanations of testimony (Vol. 16:19 p7). The Subcommittee was then scheduled to go over the statements in closed session and decide which were admissible. With no such screening work to do, the Subcommittee put off until at least this week its planned work sessions to draft a report on its hearings & legislative recommendations for payola bans. And the likelihood was that the payola-windup work by the Subcommittee would be further delayed toward the scheduled July adjournment of Congress. The Oversighters took on another full-time job last week when hearings for FPC on alleged ex-parte customs in the agency were resumed — and the FPC proceedings promised to be protracted. Meanwhile, the Subcommittee staff was getting help from NAB & network lawyers in working up proposed language for legal prohibitions against payola. The assistance was pledged by industry witnesses who testified at legislative hearings conducted last month by the Commerce Communications Subcommittee (Vol. 16:16 pi). FCC budget comes before Senate Appropriations Subcommittee May 17, and the Commission is expected to fight for restoration of the $565,000 cut from its $13.5 million budget by the House (Vol. 16:17 p3). Sen. Magnuson (DWash.), who is chmm. of both the Senate Commerce Committee & the Appropriations Subcommittee, has constantly upbraided FCC for not keeping closer tabs on the industry — ^for failing to do something earlier about payola, etc. — insisting that the Commission ask for more money if it needs it for that purpose. It’s expected that FCC will oblige him & request the funds. Sports anti-trust bill (S-3483) by Sen. Kefauver (D-Tenn.), which permits TV blackouts of professional baseball & football games (Vol. 16:19 p8), will undergo hearings by his Judiciary Anti-Trust & Monopoly Subcommittee starting May 19. Kefauver said first witnesses will include baseball Comr. Ford C. Frick, who has denounced the measure. FTC & Justice Dept, have been asked to submit statements. Anti-defamation bill (HR-10605) by Rep. Moss (DCal.), requiring TV & radio stations to identify participants in “interview & discussion programs” and keep tapes of what they say (Vol. 16:9 p4), has been re-introduced. Moss said his new measure (HR-12204) was intended to correct technical errors in the original bill, that its provisions — including one-week suspension penalties against stations — were unchanged. Less-than-revocation sanctions as recommended by FCC against TV & radio stations which violate the Communications Act or Commission rules, are authorized in a bill (S-3528) introduced by Senate Commerce Committee Chmn. Magnuson (D-Wash.). Terms of the measure — including 90-day license suspensions, $1,000 daily forfeitures for continuing infractions, imposition of injunctions — ^follow language suggested by FCC (Vol, 16:17 p2). FCC Comr. Cross sought to clarify his position on political broadcasts in a letter to Senate Commerce Committee Chmn. Magnuson (D-Wash.) last week. At the NAB convention, when asked if a station could limit a political broadcast to 5 minutes if it chose, he said: “On the adage of rushing in where angels fear to tread, I would say it is entirely within the prerogative of the broadcaster to determine what is best for his community, and if he wants to limit the time, he won’t have any trouble from me.” Cross was criticized for the statement during Comr, Lee’s confirmation hearing (Vol. 16:18 p4). Last week. Cross wrote to the committee: “The Commission considers that carrying political broadcasts is a public-seivice criterion to be considered both in the license renewals & in comparative contests, and has repeatedly so held. The Commission also considers the over-all program balance of the station to be significant. The licensee therefore must make the determination as to how much time his station will devote to the various categories of programming, including political broadcasts, and be prepared to justify his actions at licenserenewal time. Since I subscribe to these views, I did not want you or others on the committee to get a wrong impression from a previous partial statement of mine. Accordingly, I trust this letter and the enclosed transcript [of the NAB panel discussion] will clarify the matter.” TV-debate bill hearings this week by Senate Commerce Committee on Magnuson-Monroney proposals (S3171) for free network time for Presidential candidates (Vol. 16:19 p8) will have this witness lineup: May 16 — Adlai Stevenson, who sparked the campaign plan (Vol. 16:11 pl3), GOP National Chmn. Thruston B. Morton, FCC Chmn. Ford, TV-radio dir. Jack Christie of the Democratic National Committee. May 17 — CBS Inc. Pres. Frank Stanton, NBC senior exec, vp David C. Adams, Washington dir. Lawrence Speiser of the American Civil Liberties Union. May 19 — ABC-TV Pres. Oliver Treyz, NAB special counsel Whitney North Seymour, Arnold Petersen of the Socialist Labor Party. Meanwhile, the House actions to require networks to give time for debates by Presidential nominees lost some of their steam. Rep. Udall (D-Ariz.) withdrew his measure (HR-11260), which corresponded to the Senate bill co-sponsored by Sens. Magnuson (D-Wash.) & Monroney (D-Okla.) and a score of other signers. Udall said NBC Chmn. Robert W. Sarnoff’s proposals to schedule 6 Meet the Press appearances for the nominees (Vol. 16:17 p8) made legislation “superfluous.” Govt.-paid time on TV & radio for Presidential & Congressional election candidates is authorized under a campaign-expenditures “reform” bill (HR-12116) introduced by Rep. Porter (D-Ore.). Porter’s bill, similar to a measure (S-2823) which the late Sen. Neuberger (D-Ore.) sponsored (Vol. 16:4 pl2), would provide federal subsidies to equalize big campaign contributions. Candidates could collect half the costs of broadcast time (up to one hour on TV & 30 minutes on radio in general elections, up to 30 minutes on TV & 15 on radio in primaries). TV “libel” of Italians by “stereotyping” them as racketeers & gangsters has been protested in a House floor speech by Rep. Lane (D-Mass.). He said misrepresentations of such characters “as being automatically Italian by name or accent” are an example — like quiz rigging — of TV’s “increasing disrespect for the intelligence & pride of the American people.” Lane quoted a lead editorial in Pilot, organ of the Catholic Archdiocese of Boston, which called on readers to write TV stations & sponsors complaining against such casting.