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TALK-NOT ACTION-ON TV-RADIO BILLS: Many TV -Radio Bills, Much Talk, No Legislation

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TALK-NOT ACTION-ON TV-RADIO BILLS: Many TV -Radio Bills, Much Talk, No Legislation WEEKLY Television ' est NA LI JUNE 1, 1959 1959 TRIANGLE PUBLICATIONS, INC. VOL. 15: No. 22 The authoritative service for executives engaged in all branches of the television arts & industries SUMMARY -INDEX OF WEEK'S NEWS Congress Manufacturing & Distribution TV is the as TALK-NOT ACTION-on -radio bills situation EXCITEMENT IN NEW TV LINES: Philco shows cordless port- of first session with many TV -radio 86th congress nears end able; Admiral plans full line of color sets, 23 -in. b&w models; laws proposed, none passed (p. 1). RCA promises historic "innovations" (p. 20). IN LINE OF FIRE of fight House subcommittee FCC political as 1959 TV SALES AT 5.5 -MILLION pace, based on past years' Democrats challenge Justice Dept. roles in equal -time case performance, indicating 7% greater sales this year than last. (p. and AT&T anti-trust decree 4). Acceptance of new models could push sales up (p. 20). Networks $9.35 -BILLION YEAR predicted in Navy survey of 578 elec- TOP LEVEL RESIGNATIONS at CBS stir rumors of more to tronics firms. Although figure is well above 1958, it's below follow (pp. 2 & 6). total industry capacity of $12.6 billion (p. 21). FCC EVERYONE WANTS SPECTRUM SPACE in FCC's 25 -890 -mc hearing, but commission is making claimants offer full jus- WHEN CAN YOU TALK TO A COMMISSIONER? FCC Chair - tification for demands (p. 21). main Doerfer outlines his philosophy (p. 2). Auxiliary Services HYDE NOMINATION-quick & easy-with only brief ques- tioning on equal time, and other subjects (p. 3). EIDOPHOR LARGE -SCREEN TV for closed-circuit use now ready. New TV subsidiary of Ciba chemical combine has 40 BIG -CITY UHF VS. VHF compared by FCC chief engineer, Swiss projector units on order (p. 14). leading FCC uhf proponents to claim that uhf is just as good as vhf for N.Y., Chicago, etc. (p. 5). Programming Stations PREPARING FOR 1960, Hollywood producers are off to an early start in planning to meet the market (p. 15). RATINGS NEED A BETTER "IMAGE," are being lambasted by consumer press that finds research firms docile whipping Film â Tape boys, uncertain as to PR moves (pp. 3, 8, 12 & 13). TV STANDARDS CONVERTER developed by Britain's Educational TV Granada TV Network offered to all TV programmers; con- verts British or European pictures to U.S. tapes (p. 17). NEW GOVT. ETV GRANTS for research go to 28 institutions in Defense Education Act program. Total cost of project awards Other Departments reaches $3 million (p. 11). ADVERTISING (p. 17). FINANCE (p. 23). TALK-NOT ACTION-ON TV-RADIO BILLS: Many TV -radio bills, much talk, no legislation. That's record of 5 months of 86th Congress. And as first session heads toward its final -quarter stretch & late summer recess, chances grow that its tally of broadcasting industry laws enacted will be nearly nil. You name it, Congress has a bill on it-none passed. For broadcasters & FCC: Equal time, pay TV, FCC ethics, baseball TV blackouts, federal aid to educational TV, FCC control of networks, boosters, CATV systems, protection of newscasters' sources. For admen: Bans on liquor commercials & subliminal techniques. For manufacturers: Fair trade, exemption of uhf sets & co-op ads from excise taxes. Only signs of real legislative life so far have come from ETV proposals, approved by Senate & passed along to uncertain House fate. House Commerce Committee, whose legislative oversight sensa- tions set Capitol Hill fires last year, has fanned no new ones. It will barely get under way again this month with renewed FCC hearings (Vol. 15:20) and spectrum study (see p. 4). Usually counted on for exhaus- tive work in TV-radio fields, Senate Commerce Committee also is late starter with mid -June equal -time hear- ings (see p. 4) and June -July look-see at boosters, CATV, FCC housekeeping, etc. (Vol. 15:21). Promised-or threatened-investigations in other TV -radio areas to see if more new legislation ought to be drawn up have been equally unproductive. They range all the way from exposes of rating systems by Sen. Moroney (D -Okla.) and probes of time -selling practices by Rep. Brown (D -Mo.) to sweeping over- haul of all regulatory agencies by Sen. Carroll (D -Colo.). None has got off ground. www.americanradiohistory.com 2 JUNE 1, 1959 In fact, biggest broadcasting -area achievements of 86th Congress may turn out to be those ac- complished by threat instead of law. House Commerce Committee Chairman Harris (D -Ark.) brought FCC around to his rigidly -restricted pay -TV test plan (Vol. 15:16) by proposing to prohibit all toll TV. House brought FCC capitulation on home -district issue of legitimizing boosters by staging floor revolts (Vol. 15:16). There may be some law -making action on equal time yet. But time at this session is running out. And unless there's some unexpected stirring on Capitol Hill soon, it's likely that 86th Congress otherwise will give no more priority to TV -radio legislation than did 85th, which passed none of more than 150 bills. Few issues are more public-or more popular with legislators-than broadcasting issues. But they seldom seem to be more than talking issues. TOP-LEVEL RESIGNATIONS AT CBS: Sudden rift within CBS had resulted at week's end in resignation of 2 top officials and a flurry of reports and rumors that more would soon follow. These were last week's developments at the network heretofore noted for its stability of personnel: Young, dynamic James Aubrey, ex -ABC, was promoted to high-ranking post of exec v.p. after a year with the network. Then programming exec. v.p. Hubbell Robinson Jr. quit to assume new post as head of own production firm in charge of Ford TV specials (for NBC). This was followed by resignation of CBS program v.p. Harry Ommerle, who will join J. Walter Thompson as program coordinator for the Ford. specials, working with Robinson. Thus top CBS program team takes over an NBC series. Still unsubstantiated but persistent reports indicate possibility that at least 3 more of CBS's top executives are about to resign. Solid CBS, strong in billings, programs & ratings, thus faces operation under a new team-but exactly who will be on team (besides Aubrey) won't be known until dust settles. (See p. 6.) WHEN CAN YOU TALK TO A COMMISSIONER? Congress intended FCC to have free- dom to acquire "experience & expertise" in many matters, rejecting proposals that would limit all the Com- mission's deliberations strictly to a formal record. That's the essence of FCC Chairman Doerfer's views on "ex parte" (off-the-record) discussions, as outlined in speech before FCC Bar Assn. last week. Everyone agrees, he said, that statutes limit FCC to the record in "adjudicatory" matters, such as competitive hearings. "The trouble comes in rule -making," he went on, obviously thinking about such situa- tions as St. Louis Ch. 2 case-the channel -shift rule -making which was overturned by Court of Appeals be- cause of "ex parte" conversations (Vol. 15:19-20). Here's how he'd handle such cases: "When you change rules and affect 2 people competing for a valuable right, then FCC should question whether it's properly rule -making. The Commission should be allowed to declare it adjudicatory. I don't believe that the dein- termixture proceeding was rule -making. Rule -making is nothing more nor less than a declaration of what the future policy will be-a guide to the industry." Elaborating on congressional intent, Doerfer said: "When I was appointed to the FCC, I wasn't an expert. Congress doesn't even require us to be lawyers [he is one] . I had no doubts about discussing anything except adjudicatory matters with anybody, anywhere, anytime. These complex problems require the freedom to explore, freedom to discuss, freedom to go to the Library of Congress, etc.... If we regress to what was once claimed by lawyers-that it was unconstitutional to delegate certain powers to adminis- trative agencies-you may as well abolish the Commission and its staff. You don't need 1200 people. "But if you give it to the courts, you'll be hobbled with long delays & heavy expenses. The courts found that out when they tried to regulate the railroads, gas lines & turnpikes." Doerfer gave as an example of what he wanted to be free to do: "I've heard assertions about the performance of uhf-some of it perfectly ridiculous. I've gone out & seen for myself." In question period after the talk, he was asked: "Why not use the expertise of your staff?" Said he: "If Congress had intended that, it would have said that the staff is your sole adviser. I don't always agree with the staff, and I can't carry it with me wherever I go." At end of his talk, Doerfer added with a grin: "I'm speaking for myself." Fact is, he's probably the most liberal of all FCC members in his measurement of latitude given them by the statutes. This is in keeping with his personality-open, informal. _ www.americanradiohistory.com VOL. 15: No. 22 3 HYDE NOMINATION HEARING-QUICK & EASY: There was no strain at all in FCC Comr. Rosei H. Hyde's hearing before Senate Commerce Committe last week, on his nomination to a new 7 -year term starting July 1, and committee is expected to favor him unanimously when it votes June 2. Chairman Magnuson (D -Wash.) set the stage by noting that whole Commission will meet with Com- mittee within next 2 weeks for big annual policy pow-wow, and then said there was no need to question Hyde about big pending problems.
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