Weekly television digest (Jan-Dec 1963)

4-TELEVISION DIGEST OCTOBER 28, 1963 TV WINS A ROUND VS. ASCAP: A substantial break for TV stations, first in long time in fight with ASCAP, came last week when U. S. Supreme Court sent case back to N. Y. Court of Appeals. High court ordered Appeals Court to hear All-Industry TV Station Music License Committee' s argument on its merits. Earlier, Judge Ryan, of N. Y. District Court, had ruled that he didn't have power, under ASCAP consent decree, to order ASCAP to give Committee what it sought— music "clearance at the source." Committee then went to Appeals Court which said it didn't have jurisdiction in case. Last week. Supreme Court disagreed, thus giving industry best opportunity so far to present its case. Hamilton Shea, WSVA-TV Harrisonburg, Va. , chmn. of All-Industry Committee, said: "We feel that our request for a music license which would result in competitive clearance at the source is fair to aU concerned and is available to us under the ASCAP Consent Decree. We look forward confidently to the chance to prove this in the Circuit Court of Appeals.” NBC came back briskly in response to FCC Broadcast Bureau's recommendation that WRCV-TV Philadelphia be taken from network (Vol. 3:39 p5). Bureau had asserted that NBC employed "naked use of network power" and "bald coercion" on Westinghouse, regarding Pittsburgh affiliation, forcing latter to swap its Philadelphia station for NBC's Cleveland outlets. Last week, NBC listed host of coimter-arguments, including: (1) FCC had all facts of Pittsburgh case before it when it approved swap in 1955. (2) Bureau must assume that both Westinghouse & NBC lied in 1955. (3) Westinghouse had superior bargaining power in Pittsburgh, owning the only vhf in town at the time. Further, said NBC: "Under the Bureau's view, Westinghouse' s contributions can overcome the worst kind of anti-trust conduct, whereas in the case of NBC, contributions unparalleled in our nation's history must be looked at askance because they 'are not always without self-serving objectives.'" FCC 8 primer on "fairness doctrine" is expected about end of year. There's some movement at Commission, meanwhile, to expand & train staff for handling increased political broadcasting problems next year. Congressional campaign committees are hearing from grass roots, getting concerned. Senate Democratic group held meeting & asked for clarification from Nicholas Zapple, Commerce Committee communications specialist. Copies of doctrine were supplied by FCC. Many letters are also being received on Hill, as Dr. Carl McIntyre & "Life Line" supporters are being aroused. Canada's CATV association— National Community Antenna TV Assn.— tiny compared with U. S. NCTA, is turning administration over to professional management firm. Plan is to reduce dues from 4? to 2 3/4^ per subscriber per month, because of savings expected. Annual budget is $19, 950. Big activity at FCC this week— possibly— with foUowir^ subjects up for discussion: network program practices, program forms, CATV, vhf drop-ins. Chmn. Henry is in from Geneva space allocation conferences, may head back there evening of Oct. 31. RATDJGS POTPOURRI: RAB & NAB seem to be almost there— in agreement on radio methodology study— after week's confabs. Differences are reportedly minor, & handshake is again considered imminent. Among other rating activities: (1) Nielsen has replaced about 1/^ of national TV sample— about 200 homes— responding to criticism of its permanent sample, voiced at Harris hearings. Replacement of rest of sample, plus other changes— such as increasing sample and including Mountain Zone homes— await reaction from Nielsen clients. (2) Reports of Nielsen' s possible abandonment of national radio ratings are "premature," according to Nielsen. Firm has already dropped local radio. (3) NAB Research Committee is sending final version of standards & criteria to Rating Council members. Top Census expert Morris Hansen likes them, as prepared by NAB Research Vp Melvin Goldberg. (4) Local TV methodology study will examine problems of small samples, non-cooperators & reliability of various diary techniques. ’’TAME" group of manufacturers, out to restrain CATV (Vol. 3:41 pi), met in Chicago Oct. 24-25, reported progress & enthusiasm. Acting chmn. is Morton Leslie, JFD Electronics sales mgr., who reported that all original members were represented, except that componentsmaker CorneU DubUier had to withdraw because of conflicts between its divisions. TAME will incorporate in N. Y. , select exec. secy, soon, has voted "substantial 5-figure" fvmd for fight. Promotional PR kit, being sent to distributors in "critical areas," was prepared by Nelson Stem, Cleveland ad agency. Leslie reports that Ga. Assn, of Bcstrs. has invited him to speak at Oct. 30 Atlanta meeting, thatKVTV & KTIV Sioux City, la., are eager to join in fight against proposed CATV system for Norfolk, Neb. "Norfolk," Leslie said, "is typical of the communities we're concernedabout. It has received TV for years. We're not going to fight CATV where it brings TV to people who can't get TV." Motion picture theater can become community "communications center" of the future. Theatre Network TV Pres. Nathan L. Halpern told last week's convention of Allied States Assn, of Motion Picture Exhibitors in N. Y. He urged theater men to create merger of communications & entertainment, with big screen TV bringing to movie theaters special entertainment events, sports, business & industry meetings, political meetings and scientific & educational sessions. Another Broadway production wiU be video taped for TV, only this time it'll be for FJKO General's pay -TV experiment in Hartford. Show is the well-received "Spoon River" which opened on Broadway Sept. 29. Viewers will be charged about $2. Two weeks ago, Group W performed similar feat on free TV with "The Advocate," which closed almost immediately but received praise from TV critics (Vol. 3:42 p2). "Horse manure"— and other words to similar fetid effect— is ABC spokesman's description of rumor that McGraw-Hill might buy AB-PT. Progress report on pay-TV in Hartford is sought by FCC in long series of questions (not made public) directed at experimenter RKO General.