Weekly television digest (Jan-Dec 1960)

VOL. 16: No. 49 5 More about HOW THEY’D REFORM THE AGENCIES: Last week’s Senate hearings (see p. 2) brought out, among others, these thoughts from witnesses who wished to aid in improving operation of federal regulatory agencies : Separate administrative courts to take over some judicial functions of the agencies were advocated by American Bar Assn, spokesman Donald C. Beelar, who was backed up by a panel of 4 other ABA leaders. “We have witnessed in one generation a gradual shifting of legislative power from the Congress to the agencies, and a grant of judicial powers to the agencies rather than the court,” Beelar protested. He complained that for 25 years “committees, commissions and conferences” have probed problems & accomplished little. An over-all Office of Administrative Procedure should be set up to police agencies much as the Inspector-General now reviews actions of the Armed Forces, Columbia U. Prof. Walter Gellhorn told the Judiciary Administrative Practice & Procedure Committee. With “deference & diffidence” he also suggested that Congress could spend its time better than by headline-hunting for instances of misbehavior by govt, regulators. Super Commission Termed Impractical “Almost impossible task” was FPC’s retort to suggestions that a super commission should provide “guidance over the vast array of administrative agencies in order to force conformity.” Regulatory bodies “operate under such diverse statutes that wide-scale procedural uniformity is a practical impossibility,” said FPC Chmn. J. K. Kuykendall in a statement read by FPC gen. counsel John C. Mason. “More freedom of action” is required by agencies to cope with “delays & backlogs” of cases, said Budget Bureau’s deputy dir. Elmer B. Staats. “There is evidence,” he reported, “that formal hearing processes are used when modern fact-finding & data-processing techniques could provide better information more quickly & at less cost.” “Radical reorganization” must be undertaken, insisted ex-CAB member Louis J. Hector. To start with, he proposed that at least 4 of the Big 6 agencies — FCC, CAB, FPC, ICC — should be removed from “independent” status and placed directly under White House control. In any event. Hector said, it’s long past time for action. “The basic soundness of the regulatory system” has been proven by “time & experience,” countered CAB Chmn. Whitney Gillilland. He argued that what’s needed most of all is a stiff law providing criminal penalties for agency litigants who try to subvert the system through backdoor influences. Subcommittee member Dirksen (R-Ill.), Senate Minority Leader, disagreed on the need for legislation on ethics. “It just won’t work,” he said. AEC Comr. Loren K. Olsen testified that his agency requii-ed no such law. “It is popular to slug our govt, right & left,” Civil Service Commission Chmn. Roger W. Jones observed. But he said agency employes — particularly lawyers — should be spared unfair ci'iticism. One way to improve agencies, Jones s.iid, would be to give legal staffs Civil Service protection from the constant danger 6f dismissal. Note: For once, much-battered FCC came in for little specific criticism at Senate hearings. Stressing that he wasn’t trying to run a Legislative-Oversight-type investigation (such as won FCC headlines for House Commerce Committee), (Ibmii. Cari'oll called no FCC witnesses. He was just trying “to come to grips with the fundamental pfoblems,” he said. KWK ‘Fraud’ Conference Set: Milwaukee Bcstg. Co. management will go into pre-hearing conference Dec. 8 with FCC hearing examiner Forest L. McClenning on Commission’s move to revoke the license of radio KWK St. Louis on fraud charges (Vol. 16:45 p2). In setting the date for the conference, McClenning ordered a scheduled Dec. 1 hearing for the station continued. KWK meanwhile demanded a bill of particulars from FCC, protesting that Commission’s complaints against the station weren’t explicit enough for preparation of a defense. The KWK revocation proceedings were based on allegations that the public was defrauded by treasure-hunt & “bonus club” contests conducted by the station. The case against Milwaukee Bcstg. Co. (which also operates radio WEMP Milwaukee) was developed by FCC’s new Complaints & Compliance Div. “Sanctions may be invoked,” FCC warned 37 stations which have failed to respond to the Dec.-1959 questionnaire on payola. The Commission said that these are the laggards: KASL Newcastle, Wyo.; KCKC San Bernardino, Cal.; KDIX-TV Dickinson, N.D.; KEYT Santa Barbara, Cal.; KFUO-FM Clayton, Mo.; KFML Denver, Colo.; KHAM Albuquerque, N.M.; KIHN Hugo, Okla.; KHPCFM Brownwood, Tex.; KKAS Silsbee, Tex.; KMEO Omaha, Neb.; KORK Las Vegas, Nev.; KROC-TV & KROC Rochester, Minn.; KTER Terrell, Tex.; KTRY Bastrop, La.; KUEQ Phoenix, Ariz.; KWNA Winnemucca, Nev.; KZEY Tyler, Tex.; WAIM-TV & WAIM Anderson, S.C.; WAND Canton, 0.; WCBQ Whitehall, Mich.; WDIX Orangeburg, S.C.; WDLT Indianola, Miss.; WDXR Paducah, Ky.; WFPR Hammond, La.; WGIR Manchester, N.H.; WLAQ Rome, Ga.; WLSB Copperhill, Tenn.; WMAB Munising, Mich.; WMRP Flint, Mich.; WMDD Fajardo, P.R.; WORX-FM Madison, Ind.; WQMM Memphis, Tenn.; WVNA Tuscumbia, Ala.; WNCO-FM Ashland, 0. Defense of Conelrad and praise of industry for its cooperation was offered by FCC Comr. Lee Nov. 30 in an address before the National Assn, of Railroad & Utilities Commissioners meeting in Las Vegas. “There are those who feel,” he said, “that Conelrad is obsolete in this day of the guided missile & high-speed jet aircraft. However, let me say that only last March the Dept, of Defense re-evaluated Conelrad, and has concluded without qualification that it is a military must for the foreseeable future, perhaps 10 years. We are obliged to accept these expert opinions, and to do our best to provide the best type of emergency backup for existing communications.” Westinghouse’s multiple-ownership petition, long on file with FCC, appears likely to get favorable action. WBC argued that minor stockholdings shouldn’t be counted against a widely-held corporation when the Commission tallies station holdings. It’s understood that the Commission is inclined to discount holdings up to 5% — provided the holder is neither an officer nor director and has no substantial voice in management. If the Commission’s inclination persists, it will start rule-making proceedings to put the changes into effect. Conelrad tieup with AP & UPI is fine. Gale Mix, pres, of the Ida. Bcstrs. Assn., decided after learning more about it (Vol. 16:48 pl3). He wired Defense Dept., withdrawing his protest, after getting details from FCC Conelrad chief Kenneth Miller, . :