cerned about a single customer -in this subscriptión basis in movie theaters. At will be appealed, a Times -Mirror official case, HBO- taking over a major block of present several of the 13 shows are being said. MDS time as it was when it issued its offered in movie houses on general order in January 1974 creating the MDS. release. "Favorable commission action on this ap- The movie package includes: Simon Cox buys S.C. systems plication should not be interpreted as Grey's "Butley," with Alan Bates, Jessica lessening our concern over the sale of Tandy and Susan Engel; Edward Albee's Cox Cable Communications Inc., Atlanta - block time" as expressed in that order, the "A Delicate Balance," with Katherine based multiple system operator, has commission said. Hepburn, Paul Scofield and Lee Remick; agreed in principle to acquire Television Bertolt Brecht's "Galileo," with Topol in Cable Co., which operates CATV systems the title role; 's "The Home- serving Myrtle Beach, Conway, Myrtle coming"; Eugene O'Neill's "The Iceman Beach Air Force Base and Horry county; Cometh," with Lee Marvin and Fredric Kahn still all South Carolina. March; David Storey's "In Celebration," The letter of intent calls for a $3- puts his recounting one night in the lives of a million payment in cash and notes with family in an English mining town; "Jac- 29% due at closing. The balance is to be fi- chips on cable ques Brel is Alive and Well and Living in nanced by the selling stockholders over a Paris "; "Lost in the Stars," by Maxwell period extending to 1983. Sellers include Anderson based on Alan Paton's "Cry, This time its as supplier - promoter Richard Shafto, board chairman (and the Beloved Country. "; 's retired head of Cosmos Broadcasting), of AFI film- package to HBO, "," with Stacey Keach; Jean with an eye for other pay customers Clyde Sisson and other South Carolina Genet's "The Maids," with Glenda businessmen. York and Vivien time of Jackson, Susannah The acquisition brings the total number Irving Kahn, one president Merchant; "The Man in the Glass will re -enter the ca- of subscribers in Cox's 36 owned -and- Teleprompter Corp., Booth," with Maximillian Schell; Eugene ble television industry as a supplier and operated systems to over 360,000. The Ionesco's "Rhinoceros," with Zero Myrtle Beach area system serves 7,000 promoter of first -run films for pay-cable Mostell, and Anton Chekhov's "Three use. subscribers in addition to motel and hotel Sisters," with , Joan hook -ups which contribute about 10,000 Mr. Kahn has acquired the television Plowright and Alan Bates. rights to a 13 -movie package more subscribers. exhibition The films will be made available on a produced by the American Film Theatre, one -per -month basis starting next March and has agreed to sell those New York, and HBO plans to run them in a multiple to Home Box Office Inc. for in "ex- New Mass. cable overseer films performance format as it does its other cess of $1 million." The deal not only in- feature films. Although HBO reaches 55 Anthony G. Ottinger, a Harvard Univer- cludes the 13 films but also Mr. Kahn's markets at present, Mr. Kahn's promo- services to direct marketing and promo- sity professor, has been sworn in as the tional campaigns are not expected to hit new Massachusetts Cable Commission tion of the film in various markets. The every single market involved. publicity efforts will be carried out by chairman. He succeeds Morton H. Aron- HBO does not have exclusive rights to son, who resigned at the end of May Broadband Communications Inc., Mr. the AFT package and Mr. Kahn will pro- Kahn's New York -based company. The (BROADCASTING, May 26). Charles J. bably look for other pay -cable services as Beard, a Boston attorney, and Hyman exact form of the promotion and the order customers. in which the films will be supplied to HBO Goldin, a Boston University professor and John Barrington, HBO's director of former economist with the FCC, have has not yet been worked out. public relations, said that the purchase of of been reappointed to the commission. New The AF1 movie package consists the AFI film package exemplified HBO's well to the commission are Annalee Bundy, a motion -picture adaptations of -known not to follow in the path of determination Sommerville librarian; Winston Healy, a plays that have never been shown on the networks by using only mass audience television before. Until recently, the films former state legislator; Robert D. Klein, a appeal shows. professor at Northeastern University; and were exhibited only on an advance at the National Mr. Kahn had remarked Linda C. Teagan, a Manomet attorney. Cable Television Association convention First formal meeting of the new that commis- last Spring (BROADCASTING, April 21) sion is scheduled for July 17. Deep reef. Irving B. Kahn, a cable TV "there's nothing to say you couldn't have pioneer now moving into pay TV pro- first -run cable, second -run theaters, third - graming (story this page), was shopping run TV." At that time, Mr. Kahn had just Turned down twice for a new boat last week. His old one, a recently completed a 30 -month prison deluxe 50 -foot Daytona Sportsfisher- sentence for bribery and perjury in con- The FCC has denied a request by U.S. man, was 1,100 feet down in Cuban nection with a franchise award. Cablevision waters. He'd had it off the Yucatan coast Corp. for reconsideration of for the international billfish tourna- the commission's earlier action that dis- ment-in which he won third prize -and missed the firm's request for reimburse- left it to be returned to New York by its San Clemente council backed ment of all tariffs paid to the New York captain and mate, after he and Mrs. Telephone Co. from June 1967 to June Kahn decided to fly back. About five California superior court judge has ruled 1972. weeks ago, at night in Cuban territorial that the San Clemente, Calif., council did U.S. Cablevision had contended that waters, the navigational system ap- not exceed its authority by refusing to the telco had not obtained a certificate parently failed, Mr. Kahn said, and the grant a rate increase to the CATV system authorizing it to provide channel distribu- boat struck a reef formation. He said serving 5,500 subscribers in that city. tion services for CATV during those Cubans took the crew off by helicopter Orange County Cable Communications, years, and therefore had violated the and detained them in Havana until the subsidiary of Times -Mirror Inc., had Communications Act in collecting Swiss embassy there, at his instigation, asked for a fee increase from $5.50 to monthly and termination charges. The secured their freedom and return to the $6.50 per month, city commission ruled that the telco had in fact U.S. But he was advised that when the but the council Cubans undertook to pull the boat off refused in 1973 and again in 1974. The been authorized to provide the service. the reef it broke up and sank. Last week, CATV said it had lost more than $750,000 In seeking reconsideration, U.S. assured of getting his insurance money operating the San Clemente system Cablevision held that the phone company (he wouldn't say how much, but boat - through last year; the 10 -year franchise had made no charge for services termi- wise observers place the Daytona in the expires Aug. 1, 1976, and the firm is pre- nated on FCC request and should not be quarter -million- and -up class), he went paring to negotiate a new franchise. allowed to charge for just those termi- looking at new ones. Meanwhile, however, the court decision nated by the cable system. The commis-

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