Weekly television digest (Jan-Dec 1961)

2 AUGUST 7. 1961 not, whether the law seems to give FCC power to do something about it or not — the law ultimately will strike down Commission programming actions as "censorship” and, besides, any such FCC activity is repugnant to our way of life. We sensed that there is a growing middle ground, best expressed by NAB Pres. Collins and backed by NAB Chmn. McCollough. It's this: We abandon the charge that anything FCC does is censorship. The law may or may not hold that FCC has power over programming. Much more important — Commission must learn the facts of broadcasting life, base its every action on full knowledge of how industry works. Don't throw out the baby with the bath water. It was apparent, as it always has been throughout FCC's history, that Congress deliberately gave the Commission wide discretion in handling the delicate medium of expression so that it could swing with the major moves of the public-opinion pendulum. Pendulum began its reverse swing last year under Chmn. Ford, after 8 years of McConnaughey-Doerfer leadership. It has been given sharp acceleration by Chmn. Minow. It will be several years before Congress & courts tell us whether it is swinging too far or too fast. Meanwhile, broadcasters being practical businessmen (no John Peter Zengers in sight, though some may emerge), the industry will generally ease along with current tide. Pierson delivered a brilliant & exceptionally sardonic attack on Minow, but it's questionable whether he or others will find clients sufficiently zealous to test the Commission to the ultimate. Symposium was an excellent idea. Participants all said so. In fact, McCollough said that NAB would like to sponsor comparable discussions through TIO. Some observers suggested future participation by articulate Congressional leaders such as Sen. Pastore (D-R.I.). Northwestern plans to publish entire proceedings. Westinghouse Bcstg. Co.'s Donald McGannon, who attended sessions, promptly offered to share costs. ABC's Leonard Goldenson & Oliver Treyz, who video-taped and closed-circuited the entire proceedings, received kudos for their contribution — and "The Untouchables" was the most-mentioned program in discussions. Most attention was directed to papers by Minow, Collins, Pierson and Harvard U. Professor Louis Jaffe — that tortured academician whose mind is preoccupied with the imperfections of men & law. Their addresses are excerpted on p. 5. FCC BILL CLEARED BY HOUSE: Legislation revamping FCC's procedures was nearly wrapped up in Congress last week for President Kennedy's enacting signature, but it took some tugging & hauling by House supporters to keep package from falling apart on floor. Reorganization bill was approved 198-150 by House in unexpectedly tight rollcall vote. It followed flurry of hot debate in which Commerce Chmn. Harris (D-Ark.) had to beat down arguments by Republicans & Southern Democrats that his measure (HR-7856) was little more than a disguised version of the President's rejected FCC reform plan. He helped to save the bill by accepting modifying amendments which brought it into line with revised FCC-drafted bill (S-2034) by Sen. Pastore (D-R.I.), which already had been passed by Senate (Vol. 17:31 p2). Harris bill itself then was shelved by House after its language had been substituted for that in Pastore bill which was sent back to Senate for almost-certain concurrence — possibly this week. Quick signing by President is sure. Two-hour debate on House bill was permitted by Rules Committee, which cleared Harris measure to floor Aug. 2 after holding it up for week. It was called up next day — and Harris needed much of allotted time to defend it against attack which was led by Rep. Rogers (D-Tex.) of his own Committee & joined by Minority Leader Halleck (R-Ind.) "I rise in opposition to this bill & vigorously oppose it," said Rogers at outset of debate, in which he charged that provisions to streamline FCC work rules gave White House too much control over Commission. It would give Commission power to disregard right of litigants in cases, said Halleck. "I think that what we have here is a watered-down version of [President's FCC] Reorganization Plan No. 2, and I am not going to vote for it," said Rep. Gross (R-Ia.). Harris then put through amendments which provided that "3 or more employes" must constitute staff boards to which FCC delegates cases, that employes must be specially qualified to handle cases, and that Commission itself must pass on applications for review of rulings by staff boards which in turn have reviewed examiner's decisions. Latter safeguarding amendment was proposed by Rep. Younger (R Cal.).