The Fifth Estate R A D I O T E L E V I S I O N C A B L E S A T E L L I T E Broadcasting Aug10

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He could be sleeping. Bob is younc, enthusiastic, Or playing tennis. knowledgeable, with a But Bob Madigan loves world of experience as an to talk. NBC News Correspondent. Bob is the host of a new, lively weekend show Young people are already familia- with his daily on Talknet that focuses on finance and other feature on NBC's Source called The Money Memo. everyday problems. And his popular book, The First Time Investor, He joins a great Talknet line -up that already is due out in paperback this Fall. includes Jessy Raphael and Bruce Williams on weeknights, Neil Myers overnight, and Dr. Listen. Then call us at (212) 664 -2577 today. Harvey Ruben on weekends. Before another weekend goes by. jktqOçQT FROM NBC RADIO © 1981, NBC Subsidiary (Taknet), Inc. All Rights Reserved Vol. 113 No. (Broadcasting mAug 10

Decline and Fall of the Fairness Doctrine

Chapter Two: The FCC Acts... page 27.

White House to nominate Holmes to FCC seat... page 88. Commission moves to curb petition -to -deny abuses... page 57. Tony Cox named to head Showtime... page 54. Compulsory license comments pour into FCC... page 88.

HISTORICAL VOTE FCC votes unanimously to doctrine theme PAGE 56. eliminate fairness doctrine, vacating 1984 order citing Meredith's wrvH(TV) for fairness violation. FISCAL RESTRAINT FCC acts to check monetary PAGE 27. Commission, Hill at odds over propriety of payments stemming from challenges in timing of fairness doctrine decision and comparative renewal proceedings. PAGE 57. alternatives report. PAGE 28. Complete text of the FCC discussion leading up to the vote. PAGES 29- CLOSING TIME Faced with only modest 34. The text of the FCC's Memorandum Opinion resistance, House bill that would set uniform poll and in Order Meredith decision. PAGES 39 -39K. closing times continues on fast track. PAGE 58. Reactions to abolition of fairness doctrine range widely PAGES 59 -62. INTEREST CHECK Broadcasters favor elimination of FCC's rules governing cross -interest. PAGE 58. PRESS TOURS O CBS's Tsch, Grant, Poltrack and Stringer face at TV PAGE 52. critics press tour. SPANISH FLAVOR Telemundo Group aims to ABC and NBC announce fall prime time debut expand programing and buy more television dates. PAGE 54. stations in extending its reach into the Hispanic market. PAGE 67. IN CHARGE Time's Tony Cox named to head Showtime/The Movie Showtime Channel. plans GOOD MARKS First press pool organized under revised weekend programing schedule. PAGE 54- new media -Pentagon guidelines given good 55. report card. Second regional pool gets poor grades for radio omission. PAGE 69. MOVING ON OVER Late Night with David Letterman producer Barry Sand moves to Fox Television's Two HATS CNN's Mary Alice Williams wanted to Late Show. PAGE 55. write the great American novel. Instead she has found her voice in front of the cameras and behind OPTION PACKAGE FCC sends Congress 85 -page the scenes as both anchor and executive at the report detailing possible variations on fairness veteran cable news network. PAGE 87.

INDEX TO DEPARTMENTS

Business 67 Fates & Fortunes 83 Journalism 69 Programing 52 Changing Hands 65 Fifth Estater 87 Law & Regulation 56 Riding Gain 50 Closed Circuit 10 For the Record 71 Monday Memo 24 Stock Index 70 Datebook 20 In Brief 88 Open Mike 22 Where Things Stand 12 Editorials 90

INDEX TO ADVERTISERS: Accu- Weather 14 O Amencom 66 D Blackburn & Co.. Inc. 64 c Blair Television Front Cover c CARE Third Cover c CBN Radio Fourth Cover c Classified Ads 74 -82 D Coca -Cola Telecommunications Second Cover /3 D Columbia /Embassy Television 13, 15, 17. 19. 21, 23, 25. 43, 44 -45 0 Continental Electronics 50 c Fuji Professional Videotape 40 -41 o Clifton Gardner & Associates. Inc. 69 0 Jesup & Lamont Securities Co., Inc. 53 o Mark Kassof & Co. 51 D H.B. La Rue 67 0 Major Market Radio 26 o R.A. Marshall & Co. 68 c MCATV 11 c NBC Radio 4 o The Newsfeed Network 38 o New World Television Group 6 -7 o Paramount Pictures Corp. 35, 36 -37 C Peregrine Film Distribution, Inc. 47, 490 Price Waterhouse 71 D Professional Cards 730 Cecil L. Richards. Inc. 65 0 Services Directory 72 o Howard E. Stark 22 o warner Bros. Television Distribution 8 -9 c World Wide Bingo, Inc. 16 1,

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security analyst at roughly $950 million. debt resulting from recent merger. Sale of Unmended fences Such theoretical purchase would bring Cosby to owned station, Viacom limit. would provide legal Following historic Meredith decision last CBS almost to coverage management feels, at least several hundred million ammunition, justified or not, for plaintiff week, FCC Chairman Dennis Patrick, With purchase, how was dealing" and whose leadership on fairness doctrine dollars left over after to claim Viacom "self would be added by CBS /Records not getting best price. On other hand, issue has gotten him in deep and hot water much security analyst wants to put opening those markets for bids without with Congress, sought to stem part of sale? No estimate post -tax proceeds, but permitting stations to compete might tide with personal visits to Senator Fritz name on of own $1.6 billion price, 34% at competitive disadvantage. Hollings and Representatives John assuming put them gain plus "recapture" tax Whole issue could be mooted if, as one Dingell and Ed Markey. Overtures corporate rate on CBS keep $1.1 billion. Viacom executive suggested, new rebuffed, no meetings were held. might let Following through with hypothetical company management is more conciliatory scenario, CBS could, after station than old and disposed to resolve case. Inside track purchase and records sale, pay off existing Attorney for Carsey -Warner declined to billion -dollar long -term debt and still say whether out -of-court discussions were Making cut for final round of bidding on have $500 million. If company neither taking place. Forward Communications TV stations buys stations nor pays off debt, it would (BROADCASTING, July 27) are said to be have about $2.6 billion cash, or $110 per Meredith Corp., Adams Communications, share, raising many other interesting Bird songs Beam Communications and Outlet possibilities. More specifics on company's Communications. Last company could exact financial position should be known Satellite Music Network (SMN), - have edge. According to latest SEC this week, when it is expected to file based network radio company offering 24- filing, 35% of Outlet stock was owned by second- quarter statement with Securities hour, satellite -delivered format services, executives of Wesray Capital Corp., and Exchange Commission. is said to be close to launching "new age" which also owns seller, Forward. format. Sources said project would likely involve co- venture with new age /jazz Talking shop KTWV(FM) . Reports have Back to earth circulated that station is considering Home shopping phenomenon is coming national distribution of format. SMN Apparently attractive alternative to radio, due to deal between Public presently distributes seven full -time broadcasters' satellite interconnection Interest Affiliates (PIA), Chicago -based formats to approximately 700 stations. systems-digital broadcast networks radio program supplier, and Hanover using dedicated fiber optics landlines -is Companies, subsidiary of Horn & publicly held direct marketing being actively explored by Bell Hardart, Late arrivals Communications Research. Bellcore is firm. Program, which will be offered as examining feasibility of interconnecting overnight service, will include talk FCC is still receiving minority ownership networks and affiliates with fiber links, elements, such as celebrity interviews. questionnaires (see Minority preference, standardizing digital transmission rate to "Where Things Stand ") -several hundred used by ABC -TV in experimental fiber in past week -although due date for that Kelly girl system tying New York and Washington. returning forms was July 31. Commission to be Eight -city trial of technology is reportedly Sarah Purcell, former co -host of source said forms will continue in planning by Bellcore, with possible Paramount's America, much -vaunted one- processed, although latecomers- participation of ABC and Fox hour that failed to make it in technically all those filing after due date- Broadcasting. Details are to be syndication in 1985, is set to reappear in still face possibility of penalty for announced at Los Angeles conference on weekly one -hour talk show to be sold for tardiness. subject next month. fall 1988 by Kelly Entertainment, syndication division of Kelly Broadcasting, owner of two TV stations. Early bird What if... Purcell's show will be first for recently News of fairness doctrine's demise was of formed Kelly Entertainment. former White Question asked by some is not whether particular interest to one ago, Clay CBS will sell CBS /Records, but rather House staffer. Over 15 years (Tom) Whitehead, then director of Nixon what would company want with Out of bounds additional cash? To accomplish stated goal administration's Office of recommended of buying more TV, CBS could As of last week Viacom had yet to offer Telecommunications Policy, is now comfortably take current $1.5 billion in Cosby show in any markets where abolition of doctrine. (Whitehead business cash/liquid assets -including $475 company itself owns stations. Those still president of National Exchange, His suggestion million post -tax proceeds from pending waiting for chance to bid on show include communications network.) many in CBS magazines sale-and purchase stations in St. Louis (18th largest "brought down the wrath" of would not stations up to limit of FCC's 25% TV market); Hartford -New Haven, Conn. White House. Whitehead they were household coverage. Currently with (24), and Albany, N.Y. (51). Reason for identify his critics, but said perception 19.5% coverage, CBS could hypothetically delay is lawsuit filed by Cosby producer, "angry" because it was their as "club" to get add, for instance, A.H. Belo's three Carsey -Warner (see "In Brief," March fairness could be used person largest stations, in Dallas, Houston and 16), claiming that producer's split of better media coverage. Only then President Sacramento -two of which are CBS syndication money may become hostage favoring his proposal was affiliates -at price estimated by one to banks holding heavily leveraged Viacom Richard Nixon.

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A weekly status report on major issues in the Fifth Estate

has public interest; court said commission had of- Copyright 1987 Broadcasting Publications Inc. May be quoted Hill action on any broadcast legislation with credit been put on hold until fate of fairness doctrine is fered neither facts nor analysis to support that settled (see "Fairness doctrine," below), signs position. National Association of AM -FM allocations. indicate antitrafficking could move on its own Association of Independent Television Sta- filed comments two weeks ago it is in Broadcasters (BROADCASTING, June 29). There has been some tions, concerned about what says decline proposal to allow most day - supporting FCC's speculation that trafficking provision could be TV viewing by children, has authorized life- 1,800 and 1,900) to timers (1,600 of between attached to FCC authorization that Congress is styles study by M/E Marketing and Research, nighttime at full power. However, provide service expected to move before end of year. House , to find out where younger viewers have authorize new nighttime NAB said FCC should measure (H.R. 1187), offered by Representative gone, and, by extension, how to get them back. on interim basis until it completes com- service Al Swift (D- Wash.), was focus of Telecommuni- Results will be announced at INN convention in prehensive review of AM interference standards cations Subcommittee hearing last month. In Los Angeles in January. in proceeding launched last month. separate Senate, broadcast renewal bill (S. 1277) con- University of , Santa Barbara, study FCC should defer any action until Others said tains provision that would reimpose rule (see released in July. asserted that commission's ar- and new interference stan- review is completed "License renewal," below). Issue was raised gument that marketplace would take care of Reply comments are due dards are adopted. during Senate hearings on bill July 17 and 20, commercialism in children's programing was 10. FCC hopes to have final order by fall. Aug. where there was strong indication broadcasters faulty (see story, page 66). has extended comment and re- Commission are divided. NAB said it opposed reimposition ply deadlines to Aug. 31 and Sept. 15, comment of rule as stand -alone legislation, but takes no its notice of inquiry on proposed respectively, on position on matter when it is part of "otherwise FM directional anten- rules change to authorize acceptable license renewal reform bill." Other Compulsory license. FCC received comments which would allow for reducing dis- na systems, witnesses from broadcast industry also re- last week in inquiry into whether compulsory li- between FM's. In commis- tance separations frained from taking stand on trafficking, another cense should be preserved. Cable operators announcement of that extension, sion's sign industry can't reach consensus. argued for preservation, while most broadcast- it narrow focus of proceeding, however, tried to ers and program producers argued against it. to consider saying that it would be "premature Inquiry could form basis for legislative recom- of antennas to extension of the use directional mendation to Congress. Replies are due Sept. the channel allotment process," and defining implementation of Ca- 21. "immediate" scope of inquiry as providing exist- Cable regulation. FCC's 1984, and Meanwhile, cable and motion picture indus- ing licensees with "greater flexibility in the selec- ble Communications Policy Act of basic cable rates tries have discussed possibilities for reaching tion of transmitter sites, some of which may be particularly its deregulation of received report card accommodation on compulsory copyright li- short- spaced." effective Dec. 19, 1986, in Wash- cense. But new wrinkle has developed due to 29 of about 80 windows from panel of the U.S. Court of Appeals FCC has processed efforts on part of Association of Independent docket 80 -90 ington several weeks ago. Panel upheld FCC for new FM allocations created by Television Stations to use those discussions as is have standard for "effective competition" -where proceeding. Commission's goal to pro- must carry (BROAD- three off -air broadcast signals were available in forum to reopen debate on cessed 40 windows by year's end. Commission National Televi- cable community -calling it "for the most part CASTING, June 29, July 20). Cable has also received about 800 petitions for new resistant neither arbitrary, capricious nor otherwise con- sion Association is said to be staunchly allotments and facility upgrades. as violation of trary to law" Court also agreed to FCC's determi- to effort and views INN's initiative must -carry agreement that broadcast (INN is O nation of when it would intervene in disputes reached last under Cable Act's franchise fee provision, which signatory) and cable industries year. If discussions are fruitful, talks could lead AM stereo. Following five -month inquiry, Nation- was when those disputes "directly impinge" on to legislation overhauling license. Reform would al Telecommunications and Information Admin- national policy involving cable and implicate the likely include simplified "flat -fee" formula (so istration concluded last February that AM stereo agency's expertise. Among the commission much per subscriber per distant signal) for cal- marketplace has "stagnated" and that multisys- rules overturned: FCC's redefinition of basic ca- culating license fees, replacing existing compli- tem radios are only way to get marketplace mov- ble service; automatic pass- through of certain cated formula (varying percentages of gross ba- ing and insure AM stereo's future. Multisystem identifiable costs of providing basic service, sic revenues per signal). Some cable operators radios receive signals generated by two incom- and FCC's signal availability standard. have also indicated willingness to give up li- patible systems battling to be de facto Stan- On Capitol Hill, the House Telecommunica- cense under certain conditions after transitional dard- Motorola's C -Quam and Kahn Communi- tions Subcommittee plans to convene oversight period of five or 10 years, but all feel it's impor- cations' single -sideband. To confirm its faith in hearings in fall on status of cable industry three tant to preserve license for carriage of local sig- technology, NTIAs laboratories in Boulder, Colo., years after deregulation. nals and for distant signals by cable systems in tested multisystem radios and integrated cir- "underserved markets." cuits. NTIA final report is due this week. O Motorola has wide support among broadcast- O ers and receiver manufacturers. About 500 AM Children's television. On Capitol Hill, Senator stations broadcast in stereo with Motorola's sys- Frank Lautenberg (D -N.J.) introduced children's Crossownership. FCC has opened inquiry into tem as compared to fewer than 100 with Kahn's. programing bill that would require each com- telco -cable crossownership that could lead to But Kahn Communications backed by several mercial television network to air seven hours per recommendation that Congress drop Cable major group broadcasters, has proved tena- week of educational programing designed for Act's prohibition (BROADCASTING, July 20). cious. Since no one is making radio to receive children, and would require FCC to hold inquir- On telco -cable front, as part of first triennial Kahn signal only, Kahn is counting on prolifera- ies into "program- length commercials" and pro- reassessment of modified final judgment that tion of multisystem radios. grams featuring interactive toys. Also House Telecommunications Subcommittee will hold resulted in breakup of AT &T, District Court hearing this fall on children's TV Judge Harold Greene is considering whether to U.S. Court of Appeals in Washington has re- lift prohibitions against Bell operating compan- Antitrafficking. Congressional interest in rein- manded FCC action eliminating commercial ies' providing "information services," which in- stating FCC's antitrafficking rule is building. Leg- guidelines for children's programing on grounds clude everything from electronic mail to video- islation is pending in House and Senate that commission had failed to justify its deregulatory tex to cable television. would restore rules requiring broadcast stations action. Commission had maintained market- Even if Greene decides to lift prohibitions, the to be owned three years before sale. Although place regulation would be sufficient to serve BOC's still wouldn't be free to provide cable ser-

c.,.enraer"n e,,,, in 10117 There's only one «Boss" in New York... today's standard NTSC (525 scanning vice wherever they wanted. The Cable Commu- but FCC said review will focus more on EEO ble with line) television receivers. Most advanced HDTV nications Act of 1984 codified FCC rules ban- efforts than numbers (BROADCASTING, April 27). system, Japan's Hi -Vision (with 1,125 scanning ning all local telcos. except those serving strictly For cable, FCC has adopted rules implement- not compatible with NTSC, is defined "rural areas." from operating cable sys- ing EEO aspects of Cable Communications Poli- lines), although gaining experimental use for high -end tems within their service areas. cy Act of 1984 (BROADCASTING, Sept. 23, 1985). already video production, while bandwidth -reduced TV receivers and other home video gear are ex- O pected to reach market in time for launching of High DBS. Japan's HDTV direct -broadcasting satellite sys- Direct broadcast satellites. -power Fairness doctrine. On Aug. 4, FCC, unani- tem in 1990. which would use Ku -band spectrum set aside mously declared fairness doctrine "unconstitu- for it, has foundered because of high start-up tonal," vacating 1984 order determining that low C- O costs and programing dearth, but -power Meredith Corp.'s wrvH(TV) Syracuse. N.Y., had resulting from scrambling of cable band variety violated doctrine. Satellite programing on C -band satellites has emerged International Telecommunications FCC said it will no longer enforce 46- year -old In end to investigation from home satellite market. Organization. dramatic doctrine (see "Top of the Week "). Action, howev- attorney for District of Columbia, former Latter got started in January 1986. when by U.S. er, created uproar in Congress, which most ob- general, Richard Colino, and Home Box Office scrambled feeds of HBO and Intelsat director servers predict will retaliate (BROADCASTING. pleaded guilty in U.S. dis- Cinemax and began selling subscriptions to business associates Aug. 3). Senate Commerce Committee Chair- court last month to criminal fraud and con- owners of backyard earth stations (TVRO's). trict man Ernest Hollings (D -S.C.) and House Energy out of $4.8 million said which now number more than 1.7 million. Num- spiracy charges growing and Commerce Committee Chairman John Din- have been siphoned from Intelsat during con- ber of NRO homes subscribing to cable pro- to gell (D- Mich.) have vowed to codify doctrine its headquarters building. Colino, graming has grown as more cable programers struction of and are expected to attach fairness bill to first with Deputy Director General Jose L. Ale - have scrambled feeds and begun selling sub- along "veto proof" measure Congress considers when grett, was fired by board in December after out- scriptions directly or as packages through other it returns in September from August recess. lawyers submitted report indi- programers or cable operators. side and auditors President Reagan vetoed bill codifying fairness involvement in financial HBO now wants other major cable pro- cating their possible doctrine last June, and doctrine proponents Intelsat in May filed civil suit gramers to join it in stepping up from C -band to irregularities. lacked votes to override. Colino, his activities resulted in medium -power Ku -band satellites that can against claiming Same day it tossed out fairness doctrine, FCC to of up to $11.5 million beam signals to much smaller dishes. damage organization adopted report containing several "less objec- (BROADCASTING, May 25). His attorneys filed re- tionable" variations of doctrine including apply- O sponse contending that court lacks jurisdiction ing doctrine to television only or to small markets over suit. only imposing an experimental moratorium on Equal employment opportunity. FCC has Intelsat's members, meeting in Extraordinary enforcement of doctrine or eliminating such as- amended its broadcast equal employment op- Assembly of Parties April 1 -3, confirmed Board pect of the doctrine as Cullman doctrine or per- portunity rules and reporting requirements. Sta- of Governors selection of Dean Burch as direc- sonal attack rule. Congress ordered the report tions with four or more employes are covered tor general, succeeding Colino. in October 1986. under rules and part-time and full -time em- ployes must be reported separately. Every sta- O tion's EEO program will be subject to review at Association of Broad- renewal time regardless of employment profile, Land- mobile. National Federal Trade Commission. FTC has begun casters and Association of Maximum Service antitrust investigation of National Football Telecasters are optimistic that FCC, in response League television rights contracts, issuing sub- to their petition, will delay decision on realloca- poenas to ABC, CBS, NBC, Fox Broadcasting tion of UHF channels to land- mobile radio ser- and NFL. Under investigation is possible net- vice until completion of its study on advanced work collusion in pressuring NFL to retain basic television systems and local broadcasting (see TV rights structure in recently negotiated three - "High- definition television). Broadcasters be- year, $1.4- billion package or otherwise blocking lieve UHF spectrum that would be lost in reallo- Because FBC, HBO and other cable entities from gaining cation may be important to their being able to television rights. As part of NFL deal, some implement AN systems. Accurate forecasts games will be shown for first time on cable by can be your ESPN, cable channel 80% owned by ABC. FY O competitive edge. 1988 -90 authorization of FTC cleared Senate in Accu- Weather gives March (BROADCASTING, March 16). House Com- License renewal reform. Bills to reform com- them to you - merce Committee adopted its own version of parative renewal process are pending in House exclusively. FTC authorization on July 14. Both bills autho- and Senate, but fate of proposed measures is rize FTC at $69.85 million for FY '88, $71.9 mil- unclear. Hearings were held July 17 and July 20, lion in 1989 and $72.9 million in 1990. Senate by Senate Communications Subcommittee on version calls for permanent prohibition against license renewal reform (BROADCASTING, July 20), FTC regulating ad industry based on "unfair- where FCC Chairman Dennis Patrick and Com- ness" standard, controversial provision that is missioner James Quello stated reservations not included in House bill. about bill's renewal standard. National Associ- ation of Broadcasters stated strong opposition to measure while public interest, minority and women's groups backed certain aspects of High- definition television. On July 16, FCC measure. However, Hill leadership has indicat- launched inquiry into what it has dubbed ad- ed that no broadcast legislation (at least any vanced television (AN) systems and their im- measure the industry wants) will move until out- pact on current television services, and ordered come of fairness doctrine is determined. Most of O formation of AN industry- government advisory broadcast industry's attention has been focused committee (BROADCASTING, July 20). Standards on draft of bill in House, where Representative Al 619 W. College Ave. body, Advanced Television Systems Committee, Swift (D- Wash.) has been working with NAB and State College, PA at July 28 meeting, planned tests, to begin be- public interest groups to devise compromise 16801 fore end of year, for possible ghosting and fad- package that would eliminate comparative re- -resolution, in exchange for public service obliga- 814- 234 -9601 ing problems while transmitting high newal wide -screen signal on terrestrial TV bands. Ma- tions. Draft of bill, however, was rejected by NAB jor testing effort will begin in early 1988. board last month and association says it wants Ge National Association of Broadcasters has an- to renegotiate (BROADCASTING, June 29). Swift nounced it will finance two -year HDTV project has since said he will introduce bill with or with- The Leading Weather Sei;` (costs are estimated at $700,000) to help deter- out broadcaster support (BROADCASTING, July mine feasibility of HDTV broadcasting compati- 13). Swift has been trying to iron out differences

R.naMactinn pun In 10137

$320- rule for broadcast ownership (BROADCASTING, with Representative Tom Tauke (R- ), author pending before commission is proposed license June 22). Reply comments in proceeding (Dock- of H.R. 1140, broadcast bill that NAB is backing. million settlement of Kr0(TVl Los Angeles Co. would end et 87 -7) were due July 15. Comments were due Last week Swift indicated he and Tauke were challenge, in which Walt Disney O is initial July 31, and reply comments Aug. 31, in FCC close to final decision on whether they would go up owning station. Almost complete branch proceeding re-examining cross-interest policy forward together. review before FCC's television transfer sale of wrvu(Tvt Miami (Docket 87 -154), dealing with elimination of pro- In Senate, S. 1277 would set up two -step pro- of proposed $270- million venture of hibitions on "key" employes holding "nonattribu- cess, but there are number of other provisions by Wometco Broadcasting to joint table" ownership interests in competing stations broadcasters find objectionable. NBC and General Electric Property Manage- ment. o Mass Media Bureau is expected to rule (see page 58). O soon on sale to Gillett Holdings for approximate- ly $650 million of 50.1% holding in six TV sta- D Low -power television. Next lottery to deter- tions currently owned and run by SCI Holdings. Must carry. Group of cable operators, including mine "tentative winners" among LPTV appli- Sale is contingent on commission's approving United Cable and Daniels & Associates, have cants was scheduled for July 31 in Washington. long -form application to transfer five other Gillett asked U.S. court of appeals in Washington to FCC's freeze on low -power applications and Group stations to trust whose beneficiaries are find FCC's new must -carry rules unconstitution- major changes -in effect since 1983-thawed, children of George Gillett. No petitions to deny violation of cable operators' First Amend- with new window opened June 22 -July 2. Esti- latter sale have been filed. al- ment rights as it did old rules in summer of mated 1,200 applications were received, far -just 1985. New rules, which are less onerous for op- fewer than FCC officials had expected, giving erators than were old rules, are product of corn - hope applications will be processed well before deadline for return- promise between cable and broadcasting in- year's end. Keith Larson, chief of FCC's LPTV Minority preference. FCC questionnaires was July dustries. Not appealing rules was Turner branch, would go no further than to say "pre- ing minority ownership Broadcasting whose First Amendment processing"- placement of applications on 31. At last count -some two weeks ago -about System, question- suit was one of two that led to court outlawing public notice and input of their data into comput- 70% of broadcasters had returned with "steady" old must -carry rules two years ago. In light of ers -would be completed in few weeks. naires, according to commission, limited scope and duration of new rules Important new buyer may soon emerge in syn- stream of responses since then. - licensees they're set to expire after five years -TBS said it dicated programing marketplace. Community OMB had ruled that broadcast tar- was "unnecessary" to pursue further judicial Broadcasters Association, which represents need not return special FCC questionnaire for its reexamin- challenge. budding LPTV industry, is considering forming geted to generate data pending of pref- In House, Representative Edward Markey (D- cooperative to buy and distribute syndicated ation of constitutionality and advisability and women Mass.) has introduced bill to repeal five -year programing for 160 or so LPTV stations that are erences for minorities 13), but FCC overruled sunset provision of rules that set guidelines for now originating programing. CBA is awaiting (BROADCASTING, April is mandatory. cable carriage of broadcast stations. But mea- go -ahead from antitrust lawyers before pro- veto and held that participation respond to sure is on hold, and won't move until Congress ceeding further with plans. (FCC rules require that broadcasters written requests for statement of fact from corn- deals with fairness doctrine. mission.) Although no decision has been made, FCC source says commission plans to take Mergers. Cablevision Systems has proposed to some enforcement action against those who do People meters. NBC became first network to purchase Adams -Russell for roughly $301 mil- not comply. FCC received comments on pro- announce it would sign three -year contract with lion cash and assumption of $174 million in liabi- ceeding in June (BROADCASTING, June 8). Reply A.C. Nielsen for people meter service. Both lities. By time purchase is expected to close, comment deadline has been extended to Aug. ABC and CBS have formally indicated to Niel- sometime before Jan. 15, Adams -Russell will 20. sen their intention not to renew three -year con- have roughly 230,000 subscribers. O SCI Hold- In Congress, interest in legislative action on tracts with ratings service this September, when ings has retained three investment banking minority issues appears to be gaining ground. A.C. Nielsen and AGB Television Research Co. firms to explore sale of Storer cable systems, Legislation is pending in Senate that would codi- are scheduled to launch people meter TV view- serving 1.4 million basic subscribers. No offer- fy FCC's women and minority preferences and ing First on -line people for at least four tax certificate and distress sale policies. In measurement services. ' ing documents are expected meter-launched in late April in Denver -was weeks. O Taft Broadcasting Co.'s $157 per share House, draft of broadcast bill includes same Arbitron and SAMI -Burke's ScanAmerica. Arbi- buyout by joint venture composed of leading provisions. Telecommunications Subcommittee tron announced several weeks ago it was post- shareholders was approved by Taft board June Chairman Ed Markey (D- Mass.) plans to hold poning national launch of service, previously 5 and will be voted on at special meeting of hearings on subject and is commited to action scheduled for September of 1988, and is buying shareholders scheduled for Sept. 29 in Cincin- on matter either as part of omnibus broadcast out SAMI -Burke, lime Inc. subsidiary. Another nati. Buyout filing with FCC is subject of two bill or as separate legislation (BROADCASTING, local service is being launched in New York in protests seeking to block transfer. O At least July 27). September by Seattle -based R.D. Percy & Co., three applications have been filed seeking re- which will monitor both program and commer- view of Spanish International Communications cial ratings. Corp. sale of five television stations to joint ven- FCC received comments Nielsen has not signed any broadcast clients ture of Hallmark Cards and First Chicago Invest- Multiple ownership. to relax its duopoly rules for radio exclusively for its people meter service. CBS ment Corp. for $301.5 million. Sale had pre- on proposals its one -to-a- market and NBC claim services sample base is unrelia- viously been approved by commission. Still and to loosen strictures of ble and have requested conventional (NTI) rat- ings service for another season. Nielsen vice 11 president, John Dimling, has confirmed that Nielsen has not ruled out retaining current NTI RADIO -TV audimeter household panel next season (at least through fourth quarter) to cross check peo- ple meter ratings. Complete "Ready to Air" Package Tremendous Sponsor Foot Tiaffic ABC wants Nielsen to proceed with people Proves the effectiveness of your station meter, but has asked for sampling performance $595 radio $1995 tv tangible sponsor results. guarantees. Nielsen has agreed and is negotiat- Continuous Renewals ing money it will pay networks if it falls short of - Oldest Promotion In The Industry Sponsors and listeners demand it. guarantees. 33 years...1400 Glus stations. OUR BUSINESS IS IMPROVING YOURS. As of July 1, 1987, according to Nielsen, peo- CopS'1ç'c 1986. World Wde Bingo. Inc. Gets Double Rate Card Rate ple meters had been installed in 2,000 house- A complete promotional package :r .:mg WORLD WIDE holds, with 4,000 anticipated by September sponsors the 'oar=s :ha: command r-- 1988. ScanAmerica has signed one station in BINGO, INC. i far: KDVR -TV All extra dollars Denver market so advertising aIncrease Ratings PO Box 2311 agencies that buy in Denver on Arbitron are be- A proven leader in PI Littleton, CO 80161 ing supplied ScanAmerica numbers. Percy all markets. IN_4U (303) 795-3288 now has about 400 homes installed in New York (out of 1,200) and has signed three stations

Broadcasting Aug 10 1987 16 sajauv soq ui SSofl auo 110 sataqj there: wCBS-TV WNBC.TV and WNYW-TV ing cable systems to black out syndicated programing on distant signals if it appears on The Fifth Estate local stations. The cable industry argued that FCC lacks ju- Broadcastingm . American Public Radio risdiction to reimpose syndex, that absence of President Al Hulsen will leave his post in Sep- rules has not harmed broadcasting and motion Founder and Editor Sot Taishoff (1904 -198 2,, tember to return to Hawaii, where he will "pursue picture industries and that rules would violate 1705 DeSales Street. N W. Washington 20036 a variety of personal, family and professional cable operators' First Amendment rights. Phone. 202- 659 -2340 activities" (BROADCASTING. July 20) House sub- Most broadcasters and program producers committee marked up Corporation for Public contended that the rules are needed to protect Lawrence B. Taishoff, publisher Broadcasting's FY 1990 appropriation on July sanctity of their "exclusive" programing con- Editorial 14, sending bill to full committee, but would not tracts. And, contrary to what cable industry Donald V. West, managing editor Mark K. Miller (operations). Harry Jesse!! (Washington), release figure it adopted. CPB had been asking says, they have been harmed economically by Penny Pagano (national news). for $254 million. Donald Ledwig was unanimous- cable importation of distant signals with pro- assistant managing editors of CPB after of local stations. Leonard Zeidenberg, chief correspondent. ly elected permanent president grams that duplicate those Kira Greene, senior news editor serving as acting president for seven months Reply comments are due Sept. 8. Matt Stump, Kim McAvoy, John S. Eggetton, (BROADCASTING, July 6). Size of CPB board in- associate editors. Susan Dillon, Adam Glenn (technology). creased to eight with addition of three new mem- assistant editors. bers- Archie Purvis, Marshall Turner and Sheila O Scott Fitzpatrick, Jeanne Omohundro, chairman, William Randall M. Sukow, staff writers Tate -and return of former manager TV Maintaining lead in transmission of Anthony Sanders, systems Lee Hanley (BROADCASTING, June 29). At his re- stereo. Peter D. Lambert, Kasey Vanni n, editorial assistants. quest, nomination of former board member Har- stereo programing is NBC -N which will broad- Todd F. Bowie, Ed Kautz, production. ry O'Connor for second term was withdrawn. cast majority of its new prime time schedule in Senior Editorial Consultant Confirmation of Charles Lichenstein for one of stereo. Five of network's fall additions to prime Edwin H. James (Washington) totals Editorial Consultant two remaining openings has been controversial: time lineup will be in stereo, bringing to 22 Rocco Famighetti (New York) 16'/2 hours. With hours Lichenstein has been faulted by noncommercial programs representing Broadcasting Cablecasting system for reputedly believing that funding to from late -night shows, NBC will broadcast 291/2 Yearbook CPB should be cut, but Senate source expects hours in stereo weekly. Nearest competitor is David Seyler, manager nomination to go through ( "Closed Circuit," PBS, which carries 35 to 45 hours in stereo per Joseph A. Esser, associate editor month. By of 1987, NBC projects that 152 Lucia E. Cobo, assistant manager June 29). end Thomas D. Monroe, Bruce E. Jones affiliates will have stereo capability, representing Book Division O 92% coverage of U.S. David Dietz, manager Stereo sound television receivers sold to deal- Advertising home Scrambling. Congressional debate over ers for year to date, as of July 24, total Washington satellite marketplace is heating up. Bills are 1,760,628, up 25.5% from 1,402,420 sold in Robert (Skip) Tash, Southern sales manager sales manager in and that would regu- same period in 1986. Seven percent of U.S. TV Doris Kelly, service pending House Senate Meg Robertie, classified advertising. marketplace. Senate Com- households have multichannel sound TV's, al- late home satellite New Work munications Subcommittee took up issue at though vast majority of homes are within reach David Berlyn, senior sales manager hearing two weeks ago (BROADCASTING, Aug. 3) of broadcast stereo station. Receiver penetra- Charles Mohr, David Frankel, sales managers. which Chairman Ernest Holl- tion is expected to increase, with 37% of all TV Hollywood at Subcommittee Tim Thometz, sales manager ings (D -S.C.) joined other subcommittee mem- sets and 22% of all VCR's sold to dealers and Circulation bers in sponsoring legislation that would require distributors this year featuring stereo, according Kwentin K. Keenan, circulation manager cable programers to allow qualified third parties to Electronic Industries Association. In 1988, Patricia Waldron, data entry manager to distribute programing to 1.7 million owners of stereo TV's will represent 43% of color sets sold, Sandra Jenkins, Debra De Zarn, backyard earth stations. Following hearing, and 24% of VCR's will have stereo, EIA projects. Joseph Kolthoff Commerce's ranking Republican John Danforth Some 400 stations will be broadcasting TV ste- Production Missouri, he too would back bill. reo by year's end. Harry Stevens, production manager of announced Rick Higgs, production assistant. There has also been realignment of industry Administration groups interested in NRO legislation, with Mo- David N. Whitcombe, vice president/operations. tion Picture Association of America expressing Philippe E. Boucher, controller its support for Senate dish bill, S.889 (BROAD- Tracy Henry, assistant controller Unions. Negotiators for 2,800 technicians and Albert Anderson, office manager CASTING, July 27, Aug. 3). House Telecommuni- others now in seventh week of strike against Irving C. Miller, financial consultant. Subcommittee hearing on scrambling cations NBC last week confirmed decision not to bring Corporate Relations last month (BROADCASTING, July 6) also indicated network contract offer before union membership Patricia A. Vance, director that congressional concern over home satellite Newburn for vote. Decision by leadership of National As- Jessie marketplace is building. Many members of sociation of Broadcast Employes and Techni- Bureaus House subcommittee expressed skepticism 10017 cians (NABET) followed vote by union members New York: 630 Third Avenue, over conclusions by FCC, NTIA and Justice De- Phone: 212-599-2830 in Burbank and Chicago to bring NBC offer be- editor partment that NRO marketplace is competitive, Stephen McClellan, associate fore full membership, presumably to voice clear- Vincent M. Ditingo, senior editor radio when dish industry continues to Geoff Foisie, assistant editor particularly ly rejection of pact. Last set of talks between complain about access to programing and pric- Scott Barrett, staff writer NABET and NBC broke off on July 23 with both June Butler, advertising assistant. ing. sides still far apart. No new talks are scheduled. Hollywood: 1680 North Vire Street, 90020 Dispute centers on network's proposed in- Phone: 213-463-3148 Jim Benson, Hest Coast editor crease in use of temporary employes and term Tim Thometz, Western sales manager Sandra Klausner, editorial-advertising assistant. Space WARC. U.S. expressed qualified opti- of new contract. Directors Guild of America members have International Advertising Representatives mism in September 1985, following first session International. overwhelmingly approved new freelance con- Europe und t'n ited Kingdom: Lucassen of two-session conference to develop plan for John J Lucassen. Kamerlingh Onneslann 67 1171 AC 2,005 to 65, representing 97% Netherlands Phone. use of space services. However, controversy tract by vote of Badhoevedorp/Amsterdam, approval margin. Results of mail -in ratification 31(2968)6226 Telex: 18406 harke nt Japan: between developed and developing countries Masayuki Nathan, Mari Media Inc.. 17-2 Chitosedai vote were released two weeks ago. Meanwhile, in first session prevented delegates from com- ichome, setagaya ku. lbkkya 157 Japan. Phone: (03) to resume staff talks with ABC 484 -2847 Tales' 02423928. pleting work in orderly way, with result that coun- DGA is scheduled within next two weeks. tries are concerned about planning for second and CBS Five strike by Screen Actors Guild Broadcasting Publications Inc. session, in 1988. -week against Disney, Marvel, Filmation and DIC ani- A Times Mirror Business Publication mation studios has been settled. New three - Lawrence B. Talshoa, president. Donald V. West, vice president. year pact gives voice -over actors 10% pay David N. Whitcombe, vibe president. from eight Syndex. In comments to FCC last month, cable raise, reduction in recording sessions Founded 1931 Broadcasting- Trleraating introduced hours in most cases and 10% bonus in 1946. Television acquired in 1961. Cablecasting operators expressed opposition, while broad- to four introduced in 1972 0 Reg. U.S. Patent Office. 0 casters and program producers expressed sup- when they must provide voices for three charac- Copyright 1987 by Broadcasting Publications Inc. port for FCC's proposal to reimpose rules requir- ters in one session.

Broadcasting Aug 10 1987 18

PBS, New York. Information: (212) 765- Indicates new entry tional Academy of Television Arts and Sciences, New York chapter. York chapter. CBS, New York. Information: (212) 765- 2450. 2450. Sept. 4- Deadline for entries in Midwest Radio The- This week Aug. 18- 23- National Association of Black Journal- ater Workshop. Information: Julie Youmans, MRTW di- Theme: Pictures rector. KOPN (FM), 915 East Broadway Columbia, Mo., Aug. 9-11 -Arks n.sa.s Bmadeaste1 s Asxræiat ion meet- ists 12th annual convention. "Words. ing. Royale Vista hotel. Hot Springs. Ark. and Sound: Paving the Road to Parity" Intercontinental 65201. hotel. Miami. Information: (703) 648 -1270. Sept. 4-Ohio Association of Broadcasters small mar- Aug. 9- 14-National Association of Broadcasters ket radio exchange. Westbrook. Mansfield. Ohio. management development seminar for television. Uni- Aug. 19 -Ohio Association of Broadcasters news di- versity of Notre Dame, Notre Dame, Ind. Information: rectors workshop. Holiday Inn, Columbus, Ohio. Sept. 5- Florida AP Broadcasters 39th annual meet- ing and awards luncheon. The Peabody Orlando, Fla. (202) 429-5366. Aug. 20 -Reply comments due in FCC proceeding Aug. 12-Fall program preview for ABC, sponsored by (Docket 86-484) reexamining constitutionality and ad- Sept. 7- 9-Satellite Broadcasting and Communica- National Academy of Telerision Arts and Sciences, visability of its practice of granting preferences to fe- tion Association- Satellite Telerision Technology In- New York chapter. Host: Stephen Nenno, director. pro- males and minorities in broadcast licensing and its ternational trade show Opryland hotel. Nashville. In- gram administration. ABC Entertainment. Magno distress sales and tax certificate policies. FCC. Wash- formation: Margaret Parone. (703) 549 -6990 ington. screening room. 1600 Broadway. New York. Informa- Sept. 8- Deadline for reply comments due in FCC lion: (212) 765 -2450. Aug. 20-22-West Virginia Broadcasters Association proceeding (Gen. Docket 87 -24) considering reinstitu- Aug. 13- Deadline for reply comments in FCC pro- 41st annual fall meeting. Greenbrier, White Sulphur tion of syndicated exclusivity rules. Springs. W. Va. ceeding (MM 87 -9) requiring noncommercial FM sta- Sept. 9- Virginia Public Radio Association meeting. use tions to provide radio reading services of subcar- Aug. 26 -NBC fall program preview sponsored by Na- James Madison University, Harrisonburg. Va. Informa- rier capacity ((one/ Academy of Television Arts and Sciences, New tion: (703) 568 -6221. York. Information: (212) 765- Aug. 13- 14- Alaska Broadcasters Association annual York chapter. NBC. New Sept. 9-12 -Radio 57 Management, Programing, convention, engineering conference and awards ban- 2450. Sales and Engineering Convention. sponsored by Na- quet. Hotel Captain Cook. Anchorage. Information: Aug. 26 -Ohio Association of Broadcasters news di- tional Association of Broadcasters. Anaheim Conven- (907) 258-2424. rectors workshop. Embassy Suites hotel, Columbus. tion Center, Anaheim, Calif. Aug. 13- 16- Tennessee Association of Broadcasters Ohio. Sept. 10-TV Guide-American Women in Radio annual convention. Hyatt Regency, Knoxville, Tenn. Aug. 28- Deadline for entries in CAPE Awards (Cable and Telerision fall preview gala. Filmland Corporate Center, City, Calif. Information: Nancy Logan, Aug. 14-15--Utah Broadcasters Association conven- Awards for Programing Excellence), sponsored by Ca- Culver (213) 276-0676. tion. Prospector Square, Park City, Utah. ble Television Network of New Jersey. Information: CTN. 128 Nest State Street, Trenton, N.J. 08608. Sept. 10-11-Third annual Rocky Mountain Film Aug. 15-Deadline for nominations for Women at Nbrk & Video Expo. Regency hotel, Denver. Information: (303) Broadcast Awards. sponsored by National Commis- Aug. 30-Sept. 1-Eastern Show, sponsored by South- 691 -4600. sion on Working Women. Information: (202) 737 -5764. ern Cable Television Association. Merchandise Mart. . Information: (404) 252 -2454. Sept. 11 -13 -Maine Association of Broadcasters an- for in Media Awards, for Aug. 15- Deadline entries nual convention and election of officers. Sugarloaf of Aug. 31 -Reply comments due on FCC proposal (MM "accurate, realistic and meaningful" portrayal critical USA, Kingfield. Maine. care nursing. sponsored by American Association of Docket 87 -154) to eliminate cross -interest policy Critical Ce Nurses. Information: (213) 385 -5271. Sept. 11 -13 -Radio Advertising Bureau's Radio Sales University Portland. Ore. Information: 1 -800- 232 -3131.

t t September Sept. 12-39th annual prime time (non- in Also August Sept. 1- 4- Radio -Television News Directors Associ- televised), primarily for creative arts categories. spon- Aug. 16.19 -Cable Telerision Administration and ation international conference. Orange County Con- sored by Academy of Television Arts and Sciences. Marketing Society 14th annual meeting. Fairmont ho- vention Center. Orlando. Fla. Pasadena Civic Auditorium, Pasadena, Calif. tel. San Francisco. Information: (202) 371 -0800. Sept. 2 -PBS fall program preview sponsored by Na- Sept. 13-15-Nebraska Association of Broadcasters Aug. 18 -CBS fall program preview sponsored by Na- tional Academy of Television Arts and Sciences, New annual convention. Kearney, Neb.

Aug. 16-19 -Cable Television Administration (tentative). 1993. and Marketing Society 14th annual meeting. Fair- NsDonaiegó ngs April 10-12, 1988-Cabletelevision Advertising mont hotel, San Francisco. Bureau seventh annual conference. Waldorf-As- Show, sponsored toria. New York. Aug. 30 -Sept. 1- Eastern Cable Convention Center, Anaheim, Calif. by Southern Cable Television Association. Mer- April 17. 20,1988- Broadcast Financial Manage- Independent Tele- chandise Mart, Atlanta. Future meeting: Sept. 7 -9. Jan. 6. 10,1988-Association of ment Association annual meeting. Hyatt Regency. Plaza. 1988. vision Stations annual convention. Century New Orleans. Future meeting: April 9 -12, 1989, Los Angeles. Future convention: Jan. 4 -8, 1989, Directors As- Loews Anatole, Dallas. Sept. 1- 4-- Radio-Television News Century Plaza, Los Angeles. sociation international conference. Orange County April 28-May 3, 1988 -24th annual MIP -TV, 1988 Advertising Bureau's Convention Center, Orlando. Fla. Jan. 23-25, -Radio Marches des International Programes des Teten7- Managing Sales Conference. Hyatt Regency, Atlan- Radio by the National sion, international television program market. Pa- Sept. 9- 12- '87, sponsored ta. Association of Broadcasters. Anaheim Convention lais des Festivals, Cannes, France. Jan. 29-30, 1988- Society of Motion Picture and Center. Anaheim, Calif. Future meetings: Sept. 14- Television Engineers 22d annual television confer- Television 17. 1988, Washington: Sept. 13 -16, 1989, New Or- April 30-May 3, 1988-National Cable ence. Opryland hotel, Nashville. Future meeting: Los Angeles Con- leans: Sept. 12 -15, 1990, Boston, and Sept. 11 -14 Association annual convention. Feb. 3 -4, 1989, St. Francis hotel, San Francisco. (tentative), 1991, San Francisco. vention Center. Jan. 30 -Feb. 3, 1988-National Religions Broad- of Ad- Oct. Atlantic Cable Show. Atlantic City Con- May 18-21, 1988 - American Association 6.8- casters 44th annual convention. Sheraton Washing- Green- vention Center, Atlantic City, N.J. Information: (609) vertising Agencies 70th annual convention. ton and Omni Shoreham hotels, Washington. Fu- 848 -1000. brier, White Sulphur Springs, W Va. ture meetings: Jan. 28 -Feb. 1, 1989. and Jan. 27- June 8-11, 1988-American Women in Radio and Oct. 18- 21-Association of National Advertisers 1990, Washington and Omni 31, both Sheraton Television 37th annual convention. Westin William 78th annual convention. Hotel del Coronado, Coro- Shoreham. Washington. nado, Calif. Penn, . Feb. 17-19, 1988-Texas Cable Show sponsored Broadcast Promotion and Mar- Oct. 31 -Noy. Society of Motion Picture and by Texas Cable Television Association. Conven- June 8- 12,1988- 4- Associ- Television Engineers 129th technical conference tion Center, San Antonio, Tex. keting Executives/Broadcast Designers ation 32nd annual seminar. Bonaventure, Los An- and equipment exhibit. Los Angeles Convention Feb. 28-29, 1988-NATPE International 25th an- geles. Future meeting: June 21 -25, 1989, Center, Los Angeles. Future conferences: Oct. 14- nual convention. George Brown Convention Cen- Renaissance Center, Detroit. 19, 1988. Jacob K. Javits Convention Center, New ter, Houston. Angeles Conven- Broadcasting k, and Oct. 22 -27, 1989, Los April 9-12, 1988- National Association of Broad- Sept. 23-27, 1988-International Conference and Exhibition enter. casters 66th annual convention. Las Vegas Con- Convention. Metropole Center. Grand hotel and Brighton Center, Brighton, Telerision Bureau of Advertising 33d vention Center, Las Vegas. Future conventions: Las England. Atlanta Marriott. Vegas, April 29 -May 2, 1989; Atlanta, March 31- Television em Cable Show, sponsored by April 3, 1990; Las Vegas, April 13 -16, 1991; Las June 17-23, 1989-16th International le Television Association. Anaheim \kgas, April 11 -14, 1992, and Las Vegas, May 1-4 Symposium. Montreux, Switzerland.

Broadcasting Aug 10 1987 20 There's only one «Boss" in Chicago... Ope_ rfi V i

Other side of the music coin brokering a product we could easily get di- PTAR proponents rectly from the studio /syndicator. EDITOR: BROADCASTING'S Aug 3 "Monday Last year stations paid nearly $3 billion to EDITOR: In BROADCASTING's July 27 issue Memo" contained a commentary from Mr. Hollywood for syndicated shows. These ( "In Brief') I note that your writers are quick W. Robert Thompson, a former SESAC fees generated ample revenue to pay for cre- and thorough to list all of the opponents of president, in which he criticized broadcast- ative talent such as directors, actors and mu- our petition to repeal the "off- network" pro- ers for seeking reform of the current system sicians. Surely the same marketplace could vision of the prime time access rule. of blanket licensing for music used by local produce ample reward for composers and There are some proponents of this issue, TV stations. their copyright interests in shows. namely Capitol Broadcasting Co.; WRAL -TV Contrary to the assertions of Mr. Thomp- Unfortunately, ASCAP, BMI, and, yes, Raleigh, N.C.; Bonneville International WIVB(TV) son, I know of no broadcaster who opposes SESAC, have a vested interest in keeping Corp.; wCPx -TV Orlando, Fla.; Rock, "composers' rights." I know of no broad- local broadcasters tied to an archaic blanket Buffalo, N.Y., and KARK(TV) Little caster who opposes the idea of copyright. license system developed originally for the Ark. Some of the above have filed with the The current effort to achieve meaningful live music era of dance halls and vaudeville FCC. In addition there is mounting support reform in Congress and the courts of an out- shows. from other stations and groups that have not dated system is being fueled not by any Local television owners and operators filed as of this date. -Jerry P. Colvin, ex- "evangelical fervor" on the part of any single lately have become aware of the unjustified ecutive vice president, general manager, group of broadcasters, as Mr. Thompson nature of fees charged by ASCAP, BMI and WUXQ -n. Battle Creek, Mich. suggests -but by the unfairness of the cur- SESAC and of the inability of existing legis- rent system. Under that system, payment for lation to prevent this unfairness. music has no relationship to the value of The volunteer broadcasters involved in Marino man music in a syndicated TV show. the fight for reform are committed to secur- Under the current system we pay music ing legislation that will bring about payment EDITOR: A word of appreciation for your license fees based on revenues from shows for music performance rights based on the "Fifth Estater" of FCC Review Board Chair- that don't even use music -our news, real value of music in a program, not as an man Joseph Marino in the July 20 BROAD- weather, sports and talk shows. artificial formula that perpetuates a long- CASTING. Under the current system composers don't standing inequity. -M.N. (Buddy) Bostick, It is abdut time. This splendid gentleman even receive most of the money we pay for president and general manager, tn+rx -TV of great common sense and judicial acumen music. Composers who write for TV receive Waco, Tex. merits the respect of the entire industry - only 40 cents of every dollar we pay to the Cecil Lynch, radio engineering consultant, American Society of Composers, Authors Modesto, Calif. and Publishers and Broadcast Music Inc. Happy returns These two middlemen, however, take 20 cents of every dollar we pay for so- called EDITOR: This organization is very grateful to "administrative fees." Imagine the public you for bringing back your excellent section, EfP[Pstari outcry if the IRS charged a 20% fee for ad- "Where Things Stand," on a more frequent ministering the income tax system. basis. Robert Kipperman is vice president The real outrage, however, is that the Hol- The Caucus has a committee dealing with and general manager of CBS Radio lywood studios that sell us syndicated shows Washington matters and you save them a Networks, not president, as stated in in the first place and who own the music in great deal of research by keeping them July 27 radio special story on networks. nearly all cases, take 40 cents on every dol- abreast. Also, CBS dropped three-hour, not lar we pay ASCAP and BMI for so- called I'm sure that that section is one that is two -hour, weekly top 40 series in past "publishing" fees. useful to many of your professional readers year. In programing story. CBS's new Source licensing reform would do no as well as to members of academia, and even age" series is called The New Era and more than require studios to justify these to members of Congress. is aired over CBS RadioRadio, not the "publishing" fees in face -to -face negotia- We appreciate your publishing it. David CBS Radio Network. tions when we buy a show. Source licensing Levy, executive director, The Caucus ,for o would also eliminate the ridiculous 20% Producers, Writers & Directors, Los Ange- charge by ASCAP /BMI bureaucracies for les. July 13 story on presidential debate schedule for 1988 referred to three Kennedy -Nixon debates in 1960 that were not sponsored by League of bm- en Voters. There were four such de- bates A Constructive Service to Broadcasters Koo(Aful) San Francisco holds rights and the Broadcasting Industry to San Francisco 49ers games, not KCBS(AM) as printed in NFL chart on page 53 in Aug. 3 issue. Koo distributes to regional network of 30. Also, in chart of local radio coverage, KABC(AM) Los Angeles was listed as lead station for HOWARD E. STARK Los Angeles Raiders. As correctly Media Brokrr,-Brokers- ConnulfanfaI:un.ulinnia stated in story, lead station is KRLA(AM) Los Angeles with network of 38 sta- 355-0405 n Avenue New York,Vwk. N.Y. 100210022 (212) tions in 14 states.

Broaticasting Aug 10 1987 22

Yod ayoVe=

A commentary on network television coverage of West Beirut from Joann Lee, , New York stops you at gunpoint. If they like what they Beirut coverage see, they might let you through. So travel by remote control time is a factor of how many groups stop you, and how ornery they are about letting Since the kidnapping of Terry Anderson you through." ABC has also sent tapes by more than two years ago, the number of for- ferry to Cyprus, a one -hour trip. eign journalists based in West Beirut has CNN's executive vice president, Ed Turn- dwindled from 50 to six. No American is er, was in West Beirut to negotiate for the permanently left on the scene. It is not the release of Jerry Levin. "It's cowboys, rene- violence or anarchy in that city but the fear gades, outlaws, gunmen... anarchy and of kidnapping that has driven many news chaos," Turner recalled. "There is no way organizations to pull their journalists out. for the Western mind to comprehend what is Despite the growing dangers, American going on there." television news organizations have managed CNN was warned through several phone to cover the breaking stories in Lebanon calls right after Levin's escape in 1985 "not with the use of correspondents and crews of to show up in West Beirut again," said Túrn- other nationalities. The snatching of a for- er. To this day, he said, CNN is still not sure mer ABC News correspondent, Charles whether Levin was released or allowed to Glass, in Lebanon in June once again under- escape. No direct demands were ever made scored for American television news organi- to CNN, even up to the day of Levin's reap- zations the danger that comes with the West Joann Lee is an assistant professor at pearance. No money was ever paid for his Beirut beat. Columbia University's graduate school of freedom. CNN never knew who the kidnap- There have been other such incidents- journalism in New York. Before joining pers were, because all the negotiations took the kidnapping of Cable News Network's Columbia in 1982, she was a reporter at the place through second and third parties. Cable News Network, WNEW -TV New York (now Jerry Levin fo r I t months, in 1985, and the A news executive at one of the networks explosion in February at CBS's West Beirut WNYW), WCAU-TV , wLs -ry Chicago said his organization had received a call ad- office, when a rocket- propelled grenade and Kxrvtrv) Sacramento, Calif. vising it to "be very, very careful. They want crashed through the window, destroying to kidnap an American crew, and the bait much of the office. whether the various groups within Lebanon will be an interview with the hostages. CBS News's foreign editor at the time, want to get rid of all foreigners, or just cer- When you get a call like that, you have to Sam Roberts, believes the bureau was not tain people from certain countries. evaluate the source. Do you want to risk a the target of attack and that the incident was ABC and CNN are without bureaus in crew being chained to a radiator in the Bekka random. "Rubble in Beirut is like cock- West Beirut, but they say they cover break- valley for the next three years ?" roaches in New York," says Roberts. "It is ing stories there by using stringers and have Even for the Lebanese, being linked with all over the place." working arrangements with Worldwide Tele- American television news operations has its Even with the risks, CBS has no plans to vision News (WTN) to shoot video. risks. Last year (while the bureau was still leave West Beirut. Since the incident, it has ABC still has a correspondent in neigh- operational), ABC's office manager in West repaired the bureau and replaced damaged boring Damascus. Its last correspondent in Beirut, a Lebanese national, was kidnapped equipment. The office is in operation with West Beirut was Charles Glass. for several days. He was freed after ABC several local crews continuing to freelance CNN's closest Mideast bureau is in Cairo. appealed to the leaders of various factions for CBS. It has even survived the cutbacks "When we left West Beirut," said von Essen, and held for help. "One of the local leaders that have ripped through other parts of the "we thought we would be back soon. But it took it upon himself to help us, because he CBS News division. has been nearly two years, and we've had to knew the individual," said Murphy. ABC NBC also maintains a bureau in the city. learn to manage coverage of the area without now has a stringer who lives in the region, ABC shut down its bureau this spring be- a bureau there." doing mostly radio reports. cause of budget cutbacks, and CNN's office How much news tape comes out of the NBC's reporter in West Beirut -a Leban- is also closed. city often depends on how safe it is for crews ese who worked as a researcher for 10 years All three television networks and CNN to go out into the streets to shoot; or the in the bureau-chooses to keep a low pro- pulled their American personnel out of West conditions of the moment, such as whether file. She does not want her picture used on Beirut over a year ago because of the grow- or not the airport has been shut down be- the screen during phone beepers in the even- ing sense of risk. "It's a place where we feel cause of bomb threats. ing news which can be seen on Armed under definite threat," said CNN's vice When shipping a tape by air is not possi- Forces TV in parts of Lebanon. president of foreign news, Jeanne von Es- ble, it may be taken by car to a feed point in Another problem in covering West Beirut sen. Damascus. This involves a three -hour drive is not knowing whom to trust, who speaks CBS's bureau chief in West Beirut is a in good weather, 10 in poor weather, over for what factions, and who controls what Bolivian journalist who previously worked mountains, along a road heavily patrolled by groups. "There are no certainties," said in Lebanon for the . As a different groups. "It is not unusual to be Duncan. "There is the Syrian influence, the Bolivian citizen, Juan Carlos Gumucio said, stopped by the Druse, Amahls or Syrians," Christian Lebanese influence, the various he feels he is not a target for kidnappers. "I said former NBC News foreign assignment Shiite influences. You don't know the play- probably would have been kidnapped a long editor, Bob Duncan. ers unless you have a program, and the pro- time ago if they wanted me. I move about Jerry Lamprecht, NBC's vice president of gram changes every day. How do you cover freely, but am more careful since the Glass news coverage, put it this way: "Every time anarchy ?" incident. they leave Beirut, there's a 50 -50 chance the Posters plastered all over the city by the Of the six foreign journalists remaining in tape will be delayed or won't get to Damas- Board of Foreign Investment in Lebanon West Beirut, two are British, one Swedish, cus in time for our show." show an aerial view of Beirut, with the slo- one Swiss, one Spanish and himself, said According to ABC's vice president of gan: "The City That Won't Surrender." Nei- Gumucio. What is unclear, he said, is news coverage, Bob Murphy, "Someone ther so far has journalism given up.

Broadcasting Aug 10 1987 711 The smart money is on "Who's The Boss ?"

COLUMBIA /EMBASSY TELEVISION A unit of 6W TEEEvIsioN SEE you LATER ALLIGATOR!

The strength and quality of our relationship with broadcasters is a direct result of sensitiv- ity to our clients' needs. Together, we reject the unjust and discriminatory advertising tax recently approved by the State of Florida. Our 9th Annual Information Sharing "Fly -In;' featuring keynote speaker Dr. Henry Kissinger and 3 days of workshops, panels and spouse programs, was scheduled for Orlando, Florida. At great expense, we have relocated the "Fly-In" to La Costa in San Diego, California, February 17-20. It's our way of saying NO! to legislation that will hurt all broadcasters.

We urge all stations and reps alike to let the Governor's office know how you feel on this crucial issue by sending a letter or telegram today to Governor Robert Martinez at The Capitol, Tallahassee, Florida, 32301.

J. Warner Rush President, Major Market Radio

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1 1 TOP OF I THE WEEK I

"Our action today should be cause for celebration, because by it we introduce the First Amendment into the 20th century. Because we believe it will serve the public interest, we seek to extend to the electronic press the same First Amendment guarantees that the print media have enjoyed since our country's inception .... the First Amendment does not guarantee a fair press, only a free press.... the record in this proceeding leads one inescapably to conclude that the fairness doctrine chills free speech, is not narrowly tailored to achieve any substantial government interest, and therefore contravenes the First Amendment and the public interest. As a consequence, we can no longer impose fairness doctrine obligations on broadcasters and simultaneously honor our oath of office. By this action, we honor that oath, and, we believe, we promote the public interest."

-Chairman Dennis Patrick

DECLINE AND FALL OF THE FAIRNESS DOCTRINE Fairness held unfair

The FCC shattered last week the sym- the doctrine would ultimately be resolved by tention, there is no way for government to bol of broadcasting's second -class the Supreme Court. restrict of the press and First Amendment status, declaring "Our action today should be cause for foster a robust and unfettered exchange of unconstitutional its 38- year -old fairness doc- celebration because, by it, we introduce the ideas." trine requiring broadcasters to air all sides of First Amendment into the 20th century," said Despite the prospects of reimposition by controversial public issues. FCC Chairman Dennis Patrick during the Congress or the courts, broadcasters The end of the doctrine came quickly. The open meeting that was witnessed by a stand- throughout the country lauded the action. 76 -page order abolishing the doctrine, ing -room -only crowd and an array of televi- CBS Chairman William S. Paley saw the adopted by unanimous vote on Tuesday and sion cameras. "Because we believe it will action as a victory in a battle he has been released on Thursday, went into effect on serve the public interest, we seek to extend waging for decades. Any government regu- Friday (Aug. 7). to the electronic press the same First lation of programing is "dangerous," he But broadcasters' freedom from the obli- Amendment guarantees that the print media said. "I didn't ever want the government in gations of the doctrine may be short- lived. have enjoyed since our country's inception." any way to be a last resort or final voice on Defenders of the doctrine in Congress have "What the commission now concludes is anything that went on the air." vowed to write it into law this fall, and they that the framers lof the First Amendment] Paley's longtime ally in asserting broad- seem to have the votes to do it. The federal had it right," said FCC General Counsel casters' First Amendment rights, former courts could overturn the FCC action. All Diane Killory, who presented the fairness CBS President Frank Stanton, said, "It is a agreed that, one way or another, the fate of doctrine item. "No matter how good the in- welcome turn in the long road toward free-

Broadcasting Aug 10 1987 27 I 1 THE WEEK t I TOP OF would to do so dom for broadcast journalism and our rights with real courage," he said. "They met the versial issues and continue journalists, under the First Amendment." The doctrine, issue head -on...The commission's action re- with or without the rules. "As we have always felt we shouldn't be regulat- he said, has "cast a shadow over the freedom moves an unconstitutional millsone from of journalists to do their job." around the neck of broadcasters. ed as a matter of principle," said ABC News as a practical "We are now much closer to enjoying the "If the decision holds, it will be a great President Roone Arledge. "But same freedom to serve the American public's thing for broadcasting and the American matter, it's never been a problem." (ABC, news and information needs as the printed public," McReynolds said. "It's a matter of along with Westinghouse Broadcasting, has press," said the National Association of principle," he said. "It strikes at the very generally supported the fairness doctrine.) Broadcasters president, Eddie Fritts in a pre- heart of what broadcasting is about, at the Arledge's counterpart at NBC News, Larry pared statement. very heart of what journalism is about." Grossman, concurred. "In all my years at Bill McReynolds, president of Meredith What impact the absence of the rules PBS and NBC, I don't know one circum- Corp.'s broadcasting group, whose appeal of would have on the day -to -day operations of stance where we have felt restricted or inhib- But a 1984 fairness doctrine finding against its stations is still unclear. Some broadcasters ited by the fairness doctrine.... small wrvH(TV) Syracuse, N.Y., led to last week's contacted last week indicated that it would stations do tend to shy away from controver- action, said Meredith is "extremely plea- have little practical effect; they believe they coverage contro- Story continues on page 62 sed ....1 think the commission. . .acted have presented balanced of

A question of priorities that the Critics of the FCC action scrapping the fairness doctrine say the court said. "To enforce a commission -generated policy timing of last Tuesdays decision raises a serious question of commission itself believes is unconstitutional may well consti- propriety: Did the FCC violate an understanding that it would tute a violation of that oath, but in any event, the commission report to Congress before taking any action on Meredith? must discharge its constitutional obligations by explicitly consid- Among those quick to challenge the commission's proce- ering Meredith's claim that the FCC's enforcement of the fair- dures was Representative John Dingell (D- Mich.). ness doctrine against Meredith deprives it of its constitutional "Last year, Congress required the FCC to study alternative rights. very para- ways of enforcing the fairness doctrine. In February of this year "The commission's failure to do so seems to us the the commission promised Congress it would not act on the digm of arbitrary and capricious administrative action," the ap- Meredith case before issuing the report to Congress," he said. peals court concluded. not "By acting on the Meredith case now and issuing the fairness With this mandate, the FCC insists that it could delay doctrine enforcement report at the same time, the FCC has acting on the constitutional challenge. The commission felt the when the failed to keep its word. It is hard to see how Congress or the only proper course of action was to take up Meredith public can have confidence in any future assurances the com- issue was ready for commission consideration -and that hap- mission might make," he said. pened to be last Tuesday's meeting. Members of Congress insist that former FCC Chairman Mark The commission has also cited other legal precedents requir- actions. S. Fowler promised on Feb. 18, at a Senate appropriations sub- ing independent agency the committee hearing, that the commission would not act on the One is the so- called Pillsbury doctrine, which concerns fairness doctrine before submitting its report by the Sept. 30 relationship of Congress to commissioners and heads of agen- deadline. However, the FCC maintains that it had no choice but cies who wear two hats -as policymakers who respond to ques- to proceed in tandem because of the January decision of the tions from Congress and who also act as adjudicators. U.S. Court of Appeals in Washington. The court had remanded In 1966, in the case of Pillsbury Co. vs. the Federal Trade vacated an Meredith to the commission to consider the constitutional argu- Commission, the Fifth Circuit U.S. Appeals Court ments raised in the case. Without any specific statutory lan- FTC order on the grounds that Senate Judiciary Subcommitee guage ordering the FCC to delay action (the Congress tried to hearings deprived Pillsbury of procedural due process. The commission- pass such a law, but it was vetoed by President Reagan; [BROAD- court cited subcommittee hearings at which FTC in divestiture policies CASTING. June 29]), the FCC says it was legally bound to move ers and staff were extensively questioned ahead with the adjudicatory proceeding. (The verdict might while a divestiture case against Pillsbury was pending before have been different in a rulemaking action, in which no litigant's the FTC. adjudicatory specific interest is at issue.) In effect, the court held that the commission's The FCC believes the congressional report language urging role had been compromised by the congressional hearing. commission delay did not amount to a statutory directive. And In April 1978, the U.S. Appeals Court for the District of Colum- interference in a FCC officials say the only statutory requirement from Congress bia addressed a related issue of congressional a finding by was the alternatives report and its Sept. 30 deadline. case (the so-called Koniag decision) challenging were The FCC's decision on the fairness doctrine last Tuesday was the Secretary of Interior that certain native Alaskan villages Alaska native fully supported by Fowler, who told BROADCASTING he saw no ineligible to take land and revenues under the referred to a incongruity in the FCC's action and his past statements to Con- claims settlement act. The court's written decision letter that Representative Dingell gress. "I don't see any conflict," Fowler said. "I think what they "serious matter" that involved a two days before the agency head did was consistent with the representation I made to Congress sent to the interior secretary that we would not act on Meredith before we issued our report to determined that several of these villages were ineligible. Dingell Congress." had requested the secretary to delay his decision pending a At the FCC, officials maintain that the appeals court, in its review by the comptroller general. "The letter did not specify any January ruling, rejected earlier commission arguments to delay particular villages, but we think it compromised the appearance Pillsbury. action on fairness because of congressional concern, citing the of the secretary's impartiality" the court held, citing forward its alternatives court's admonition that (a) the commission was bound only by Technically speaking, the FCC did if by minutes statute and (b) that it was "aware of no precedent that permits a report to Congress before acting on Meredith, only act on both the federal agency to ignore a constitutional challenge to the appli- (and Fowler had said the commission might felt debate cation of its own policy merely because the resolution would be same day). And most observers the procedural the merits. But politically awkward." would sooner or later give way to a discussion of hairs was "Federal officials are not only bound by the Constitution, they at both the FCC and on Capitol Hill last week, splitting must also take a specific oath to support and defend it," the the order of the day.

Broadcasting Aug 10 1987 914 TOP OF THE WEEK "What this commission now concludes is that the framers had it right. No matter how good the intention, there is no way for government to restrict freedom of speech or the press and foster a robust and unfettered exchange of ideas.... If we must choose whether editorial decisions are to be made in the free judgment of individual broadcasters or imposed by bureaucratic fiat, the choice must be for freedom." -General Counsel Diane Killory The morning had begun inauspicious - our acting chief, Bill Johnson, as well as ourgener- ly enough, with Commissioner Patri- al counsel, Diane Killory. cia Diaz Dennis bidding a "fond and Johnson: Diane Killory, I believe, is going to pre- sad farewell" to a departing legal intern and sent. saying happy birthday to a trade re- press Klllory: Thank you. Before I start this, Mr. Chair- porter *. The eighth floor meeting room at man and commissioners, I'd like to recognize FCC headquarters was unusually full and some of the people who have worked on this item the dais was flanked by two rows of televi- because it's probably fair to say that this was writ- sion cameras, in anticipation of the journal- ten by committee. It was a joint effort between the Mass Media Bureau, first of istic history that was to be made that day. all, and the General Counsel's Office, and the Mass Media Bureau un- Many in the crowd were there because of a der the direction of Bill Johnson and Renee Licht, major common carrier item in that, any other Laurel Bergold. We also borrowed some of the week, would probably have attracted the greatest atten- externs from the eighth floor, and I want to thank Peter Vestal and tion. Paul Feldman for putting in some hard work before leaving the Chairman Dennis Patrick began the proceedings with a commission this Friday [Aug 7). I'd also like to recognize Richard Bozzelli quip. "l didn't realize there was this much interest in this on my right, my special assistant, who has spent a lot of hours on this item, [private radio] item," he said as the commission took up and has contribut- ed greatly to it. Finally, I'd like to thank each of the commissioner's amendment of Part 90 of the rules concerning eligibility of offices because each of you has contributed to this item with the edits commercial enterprises to be licensed in the Special Emer- and input that you've given us. gency Radio Service. That took three minutes. Then he The decision before you today is indeed a historic one. Because of called up a notice of proposed rulemaking to examine alter- its importance, let me start by giving you some background of how natives to rate -of- return regulation for dominant carriers, an we got to where we are today. Starting in the 1940's, the commission item whose resolution could affect billions of dollars in tele- adopted-through a series of adjudications and policy statements-a policy it named the fair- phone company profits and consumer phone bills. That ness doctrine. The doctrine, you see, requires that took another 33 minutes. broadcasters cover contrasting viewpoints on controversial issues of public im- The room emptied noticeably after that. Finally, the Mass portance. The commission thus thought it was insuring "fairness," Media team took over, with three items to present. First and thereby furthering the purpose of the First Amendment by assur- came consideration of a congressionally ordered report ing the widest possible dissemination of information from diverse examining alternatives to enforcement of the fairness doc- and antagonistic sources. Administering the doctrine trine (story page 56). Because of a procedural concern requires the commission to second - guess the editorial judgment of broadcasters. First, as to whether (see box, page 28), it was important that this item a be dealt controversial issue of public importance was involved, with before and second, the pièce de résistance that most had come to as to whether the broadcaster reasonably aired contrasting views. witness -repeal of the fairness doctrine itself. That took 11 Failure to comply can result in an order to the broadcaster to air the minutes more. contrasting viewpoint or, under some circumstances, to provide free The crowd had long since grown fidgety, but there was air time -as well as a range of sanctions, with the most severe being license more to sit through. Next up was Mass Media Item Number revocation. In 1969, the Supreme Court upheld the constitutionality of the Two -still another matter of important concern to broad- doctrine in the Red Lion decision. I will discuss this and subsequent casters- beginning an NPRM intended to deter abuses of Supreme Court cases in a moment, but first I want to focus the on the petition to deny and allocation counterproposal pro- commission's actions with respect to the doctrine. cesses (story page 57). Another 17 minutes passed. The commission has reexamined the doctrine from time to time Finally, at approximately 10:45, Chairman Patrick called over the years; the most recent and the most extensive inquiry began up Mass Media Item Number Three, the fairness complaint in 1983. One of the specific questions asked in that inquiry was whether the doctrine has chilled speech, and therefore, not served against Meredith Broadcasting's WTVH(TV) Syracuse, N. Y., its intended purpose. on remand from the U. S. Court of Appeals for the District of After receiving over 100 written comments and holding two days Columbia Circuit. Forty-one minutes later, 38 years after it of hearings, the commission issued a lengthy, comprehensive report had been woven into the fabric of the Fifth Estate, the in 1985. That report concluded that the doctrine did not serve the fairness doctrine was no more. This is how it went: public interest because the doctrine did in fact chill broadcasters. o The report also found that there were now a multiplicity of broad- cast voices available to Patrick: Next on the agenda-and last -is Mass Media Item Number the public. Accordingly, it found that the doctrine was not Three in the matter of Syracuse Peace Council against television necessary to assure the public's access to diverse station viewpoints. It therefore found the wTVH Syracuse, N.Y. And for this item we call again upon scarcity rationale no longer valid. For the same reasons, it questioned the constitutionality of the doc- Respectively, Lacey Bobbish (returning tu the American University law school), trine, but did not resolve that issue. and Dawson B. Nail of Television Digest, who had just turned 59. The commission did not take action to eliminate the doctrine in

Broadcasting Aug 10 1987 90 i J TOP OF THE WEEK

1985, however. Instead, because of intense congressional interest in which they have shied away from covering controversial issues in the doctrine and some uncertainty as to whether the doctrine was news, documentaries and editorial advertisements. codified, the commission merely certified the record to Congress It can easily be seen that policies like these completely frustrate and terminated the proceeding. In doing so, the commission stated the goal of the doctrine to foster robust debate and diversity of views. that we would continue to enforce the doctrine, and we were true to It thus results in a net loss -not an enhancement -of speech. our word. What this means is that the so- called fairness doctrine is a misno- During the pendency of the inquiry, the commission found a mer. Although its goal is to achieve fairness, it has in fact resulted in violation of the doctrine by the Meredith Corp., licensee of televi- blandness and nothingness, by chilling the very speech it was de- sion station WTVH in Syracuse, N.Y. In response to a complaint filed signed to foster. by the Syracuse Peace Council, the commission concluded that the The public interest has therefore been frustrated, not furthered, by airing of a series of editorial advertisements advocating the construc- the doctrine. What this also means is that, consistent with existing tion of a nuclear power plant as a sound investment for New York Supreme Court law, the doctrine is unconstitutional. That is the presented a controversial issue of public importance. It further found holding of this decision. that, because contrastng viewpoints had not been aired, Meredith This holding is also based on the fact that the doctrine results in had violated the doctrine. excessive and unnecessary government intervention into the editori- Shortly after issuing the 1985 report, the commission denied Mer- al process of broadcast journalists. This intrusion violates the consti- edith's petition for reconsideration. The commission concluded that tutional standard announced in , that the it had, at the time, properly found a violation, even though newly regulation of broadcasters' speech be narrowly tailored to achieve a submitted evidence showed that Meredith had met its obligations by substantial governmental interest. In determining whether an issue is giving free ad time to Syracuse Peace Council. The commission indeed controversial, whether it is of public importance, and wheth- refused to consider Meredith's argument that the doctrine was uncon- er contrasting viewpoints have been balanced, the government must stitutional, citing its finding in the '85 report [that] this question was necessarily intrude into and second -guess the broadcasters' editorial better left to the courts and Congress. discretion. Meredith appealed to the D.C. Circuit. At oral argument, the But the commission determined in the fairness report that due to commission defended its avoidance of the constitutional issue by the explosive growth in the number of outlets, the doctrine is no pointing to congressional intent that we not act, as evidenced in longer necessary to achieve diversity of viewpoint. Hence any gov- committee report language and other legislative history. The court ernment intrusion into the editorial process to achieve diversity was, in a word, unimpressed. could not be narrowly tailored. Therefore, the item before you also In January 1987, the court issued its decision, finding the commis- finds the doctrine unconstitutional under this test. sion's refusal to consider the constitutional argument to be reversible Let me add what the decision does not do. error. First, it noted the intervening TRAC court decision that defini- It does not extend beyond the doctrine to codified laws like equal tively resolved the codification issue, by finding that the doctrine time. It does not rule on the commission's other content rules such as had not been codified by Congress. Second, the court made clear that issue responsive programing and prime time access. And it leaves anything less than codification could not prevent the commission intact the commission's ability to license and regulate in the public from reaching the constitutional issue. To the contrary, the court interest. found that the commission must reach that issue. The court found The item does go on, however, to respond to the Supreme Court's that avoiding the issue may well constitute a violation of the oath to recent suggestion in League that perhaps it's time for the court to support the Constitution that every federal official takes. Further, it revisit the Red Lion scarcity rationale. It has been used to justify a found the commission's failure to consider the constitutional argu- different First Amendment analysis for broadcasters. We agree that it ment to constitute the very paradigm of arbitrary and capricious is time to revisit and revise that standard, and the item urges the administrative action. Supreme Court to do so. We believe that a traditional First Amend- The court remanded the case to the commission with explicit ment analysis should apply to broadcasters, and we explain why in instructions to consider the constitutional argument. It stated that the the remainder of the item. only way to avoid that issue would be for the commission to con- I will very briefly summarize: clude that the doctrine would no longer be enforced because it was First, we reaffirm our finding in the 1985 report that scarcity is not found to be contrary to the public interest. That was in January. a valid distinguishing justification. There would seem to be three Subsequently, the commission invited comments from all interested different kinds of scarcity. First, there is numerical scarcity in the parties and Congress tried to codify the doctrine, but was unsuccess- number of outlets available to listeners and viewers. This is what the ful. court referred to in League. But there are now over 1,300 television That being the case, it is time to heed the court's remand order and stations and more than 10,000 radio stations. By contrast, there are turn to the merits of this case. We can no longer duck it. approximately only 1,700 daily newspapers in the country. Ninety - The item before you addresses head -on the constitutional argu- five percent of viewers receive five or more television signals, listen- ment raised by petitioner. We find that we are unable to analyze the ers in the top 25 markets receive an average of 59 radio signals, doctrine from a pure policy perspective, because the very purpose of while those in even the smallest market have access to an average of the doctrine in the first place was to promote First Amendment six radio stations. By contrast, only 125 cities in this country have values. We find, therefore, that any policy justifications are so inter- two or more newspapers published locally. The one -newspaper town twined with constitutional implications that we cannot separate the is becoming increasingly common. two. In short, the public has access to many more broadcast outlets than Accordingly, the issue we address is whether the doctrine is con- daily newspapers, so numerical scarcity simply cannot justify differ- stitutional. The answer is no. We conclude that under the principles ent First Amendment treatment. established by the Supreme Court. the doctrine fails to meet the test Furthermore, we would question whether numerical scarcity for constitutionality. should diminish First Amendment rights, even if it did exist; after In the Red Lion case and subsequently in League of Women Vot- all, at the time of the Constitution there were only eight daily news- ers, the Supreme Court stated that a finding that the doctrine chills papers in America. speech, and therefore defeats its intended purpose, would cause it to The First Amendment, however, is unequivocal in guaranteeing revisit its finding of constitutionality. freedom of the press. The commission has found that just such a chilling has resulted. Second, there's allocational scarcity; the notion that there are Over 60 specific examples of chilling were presented in our recent often more people who would like a than there are inquiry, in contrast to only two broadcasters' claims that they were available licenses. This is what the Red Lion decision seems to focus not chilled by the doctrine. Many of the examples go beyond individ- on. ual instances of chill, and set forth broadcasters' policies under But the question here is not whether allocational scarcity exists;

Broadcasting Aug 10 1987 -in I I TOP OF THE WEEK i

the question is whether it can justify an altered First Amendment Patrick: Commissioners? analysis. It is our opinion that it cannot. Principally, because all Dawson: Gosh, that was wonderful. Its exactly what I think most of us goods are scarce. Indeed. it would appear that the fact the govern- up here were thinking about. Over my six years at the commission. I ment grants and renews licenses is all the more reason to stay out of can think of few issues that I would consider watershed content regulation. issues, and issues that one takes enormous pride in. and this is one of them. Finally, because something like 70% of all radio licenses and 50% I think as you began to read this document. you became more and of all television licenses have now been obtained through purchase more proud of what we are doing today. It is not an easy decision. It and transfer, not from the commission itself, the real barrier to entry is not a decision that is going to cause us great comfort. as I find us in appears to be economic scarcity. But as Judge [ Robert] Bork [of U.S. an awkward position, but I think it has been pointed out to us that our Court of Appeals in the District of Columbia] pointed out. economic charter and our warrant signed by the President suggests that we are scarcity is universal. All goods are ultimately scarce. So this cannot here to do what we believe is justify different treatment. appropriate. and to uphold the Consti- tution. And I think were doing that today, and we ought to be very In short, the item reiterates the finding in the report '85 that the proud of that. scarcity rationale is no longer valid. I think that there are some watersheds in this decision. First and Perhaps the most troubling aspect of all under the Red Lion ap- foremost among the old notions that we're laying to rest is that the proach is that the stated purpose for diminishing First Amendment fairness doctrine promotes diversity of viewpoint. It does not. The rights of broadcasters is the exact same purpose behind the First comments in this proceeding I think support the finding in the com- Amendment's guarantee of free speech itself. That is. to preserve an mission's '85 fairness report. as you pointed out. The fairness doc- uninhibited marketplace of ideas in which truth will ultimately pre- trine chills speech. and its unconstitutional. even under a Red Lion vail. That is what our democracy is based on. But the mechanism relied on by earlier commissions to achieve this goal was the exact opposite of that relied on by the First Amendment and the framers of the Constitution. The founding fathers sought to insure vigorous debate by guaran- teeing free speech and free press, and by restraining the government from interfering. They had faith that the people could distinguish truth from fiction. that the peoples' interest would best be served by the unrestricted debate that would follow. The commission. by con- trast, in adopting a policy to regulate fairness, evidently assumed that the people's interests would better be served by a restricted debate in which the government served as referee. What this commission now concludes is that the framers had it right. No matter how good the intention. there is no way for govern- ment to restrict freedom of speech or the press and foster a robust and unfettered exchange of ideas. In short. government restrictions on speakers' rights injures the public's interest. Our mandate under the Communications Act is to further the public interest. The FCC has tried over history to achieve that goal by limiting the First Amendment rights of broadcasters. Our experience and the evidence before us now demonstrate that the means chosen were counterproductive. What we have come to realize is that the First Amendment was, to quote Justice [Potter] Stewart [of the Supreme Court]. founded on a belief that "fairness was far too fragile to be left for a government Dawson bureaucracy to accomplish." If we must choose whether editorial test. Our record clearly shows the potential for chill exists any time decisions are to be made in the free judgment of indivival broadcast- government can intrude upon the who. what. where. when and how ers or imposed by bureaucratic fiat. the choice must be for freedom. of content. In the item before you, the commission expresses its opinion that. I once quoted Lord Devlin [as saying] that "freedom of the press, should the Supreme Court revisit the if it dies, will not die a issue-and we hope it will - quick but a lingering death. caused by a series the commission's vote is for freedom. so that we can further the of debilitating measures. each of which if examined singly. would public interest. have a great deal to be said for it." Under a traditional First Amendment analysis, the so-called fair- I think that is what we are dealing with today. ness doctrine would clearly be unconstitutional. But the holding of Another notion that I think we've laid to rest is that numeric or today's decision is that even under existing Supreme Court principles allocational scarcity justifies lesser First Amendment rights for of First Amendment analysis, the so-called fairness doctrine is un- broadcast speakers. and makes paramount First Amendment rights constitutional. Accordingly. the item before you reconsiders our for listeners. To the extent that there are rights for listeners. it seems prior decision against Meredith. and holds that the Constitution bars to me that the greatest First Amendment protection that can be us from enforcing the doctrine. We urge you to adopt this item. afforded to them is that they receive their information unfettered by Thank you. government -and I think we have put that forward squarely today. Perhaps most important. however, is that this Patrick: Thank you, Diane. Commissioners, I know that we each item conclusively demonstrates that the chill that results from the have a written statement that we would like to read, but first, are fairness doctrine proves the correctness of traditional First there any questions or comments with respect to the presentation of Amendment analysis. that rights the item that we might take at this point? of listeners are furthered again by letting the government keep its nose out of that exchange. Quello: I think you answered what I had in mind for a question. I As my colleague has mentioned. there may be some future issues think she answered everything; it was a very good presentation. The that are raised. But I think those are issues for the future; I think the public interest concept remains intact. and the issue -responsive pro- convergence of print and electronic technologies will raise further graming obligation remains intact? and further questions in this area. And believe me, I think those are Killory: Absolutely. questions left for another day. I would like to suggest that one hates to be overly Quello: All right. Thank you. dramatic at a time like this, but I did feel that I began to feel the "Battle Hymn of

Broadcaseng Aug 10 1987 I TOP OF THE WEEK I the Republic" as I read through this item, into a chorus at the end. vent broadcasters from abusing their freedom and slanting their a But in conclusion, if I could say, in answer to the question-"Are coverage. Of course, the First Amendment does not guarantee fair radio and television somehow more than toasters with sound and press, only a free press. We would also expect principles of sound video ? " -we say clearly, yes they are. But in answer to the ques- journalism to preclude the abuse of freedom in the vast majority of tion -"Are radio and television speakers somehow less than print cases. With over 11,000 broadcasters, the chance of bias not being speakers because they communicate with sound and video ? " -we countered is small, especially in comparison to the risk in 1791. In say the answer is no. that year, when our founding fathers gambled the future of the news- And I think that's the most important thing we will accomplish in a republic on the First Amendment, there were only eight daily long time at this commission. So to all of us, I say: Well done. papers being published in the . But the larger point is that every freedom caries with it a potential you, commissioner. I have a statement I'd like to Patrick: Thank for abuse. A potential for misuse. The founding fathers, neverthe- read. less, placed their faith in freedom. They understood that fairness and today should be cause for celebration, because by it we Our action balance and truth were concepts too subjective and too important to First Amendment into the 20th century. Because we introduce the be defined by government. They therefore crafted a First Amend- it will serve the public interest, we seek to extend to the believe ment which protected the people and their press against government press the same First Amendment guarantees that the print electronic interference. They placed their faith in the people, upon the assump- have enjoyed since our country's inception. That is a step of media tion that free men and women would be able to distinguish truth from significance, and it's long overdue. Americans have fundamental falsehood, the authentic from the fraudulent, the statesman from the come to rely upon the electronic media as a primary long since charlatan. source of news and information. As Justice Learned Hand [of the U.S. Court of Appeals for the As we celebrate the bicentennial of our Constitution, it is especial- Second Circuit] observed, `The First Amendment presupposes that fitting that we reaffirm one of the Constitution's most fundamental ly right conclusions are more likely to be gathered out of a multitude of freedom of speech. Freedom of speech is democracy's principles- tongues than through any kind of authoritative selection. To many, this is and always will be folly; but we have staked upon it our all." Faith in democracy entails a belief that political wisdom and virtue will sustain themselves in the free marketplace of ideas, without government intervention. As Jefferson put it: "It is error which needs the support of government. Truth can stand alone." Today, we reaffirm our faith in the American people-our faith in their ability to distinguish between fact and fiction without any help from government. Yes, there are risks, but we as a people have elected to bear the risks of freedom rather than the greater risks which attend government control of the press. Today we reaffirm that election. And finally, let me respond to those who suggest that the commis- sion should continue to defer to Congress on this matter. To these, I answer: We have. We deferred when we issued our fairness report almost two years ago, and we deferred when the commission's petitioner first raised his constitutional challenge. But there comes a point at which one must engage the issue, no matter how politically awkward. Well, that day has arrived. Each member of the commission has taken an oath to support and defend the Constitution of the United States. We believe that the evidence presented in our fairness inquiry and the record in this proceeding leads one inescapably to conclude that the fairness doc- trine chills free speech, is not narrowly tailored to achieve any interest, and therefore contravenes the First Patrick substantial government Amendment and the public interest. As a consequence, we can no crown Without it, government ceases to be a faithful instru- jewel. longer impose fairness doctrine obligations on broadcasters and si- people's will and, all too often, becomes an instrument of ment of the multaneously honor our oath of office. By this action, we honor that oppression. As Justice [Benjamin Nathan] Cardozo [of the Supreme oath and, we believe, we promote the public interest. observed, "freedom of thought and speech is the indispens- Court] Commissioner? able condition to nearly every other form of freedom." Freedom of speech, unfettered by government oversight, is that Quello: Avery good statement, Mr. Chairman. Congratulations. I'm single freedom which most clearly distinguishes our system of gov- going to treat a practical matter here, and try to diffuse some of the ernment from other systems of government around the world. We political controversy that has been very evident lately on our actions are. therefore, justifiably vigilant in its defense. Freedom is rarely here. lost in a single stroke; the danger lies in losing it-bit by bit. And I have to go back to history. Since 1974 when I was first There are those who argue that our founding fathers did not intend appointed to the commission, I have been advocating full First the First Amendment's guarantees to attach to the electronic press. Amendment rights for broadcast journalists. And in April of 1978 I This argument flies in the face of the First Amendment itself, which made an appearance before both the Van Deerlin subcommittee -he plainly states that Congress shall make no law which abridges free- was then chairman of the communications subcommittee in the dom of speech or the press. House-and before the Senate committee. This argument would also deny the very characteristic of our Chairman [Lionel] Van Deerlin, a 20 -year congressman, a liberal Constitution that has insured its survival for 200 years. I refer of congressman, the chairman of the subcommittee, endorsed the re- course to its capacity to adapt to changing conditions. Our Constitu- peal of the fairness doctrine. He happened to have been a former tion remains a living document, as relevant today as it was 200 years journalist, a Democrat. Senator Eugene McCarthy, a man that I ago, precisely because it focuses attention on fundamental principles respect and have a certain amount of personal affection for, was a of freedom, and not upon detailed proscriptions bounded by histori- witness. and we had him slated for the opposite side, and he was cal circumstance. good enough to say that he was very glad that I went first because he Some claim that the so- called fairness doctrine is needed to pre- now believed that freedom, true liberalism, will always err on the

Broadcasting Aug 10 1987 32 1 TOP OF THE WEEK

part of freedom. And he went on to say that he, too, favored full regulation. I see no reason to assume broadcast journalists or execu- journalistic rights and First Amendment rights. So, I'm going to go tives are any less responsible or diligent. Broadcast journalists have ahead and mention what I stated at that time. This was April 5,1978. earned, and rightfully deserve, all constitutional freedoms. I stated: "I believe that removing the government restraints of the fairness "As a former newsman, I've always hoped that some day broad- doctrine would free broadcast journalism, foster more comprehen- casting would be treated the same as other journalistic and advertis- sive and independent reporting and better serve the American peo- ing media. With a continuing debate in various court interpretations, ple." I'm afraid it continues to be an ideal to be strived for, rather than a April 5,1978. I just want to say that it's more true today than it was reality that can be achieved. then. But I have to admit that my attitude recently has been, let the "However, in my opinion, the time has finally come to grant full Congress and the courts decide it. And the courts did decide it; they constitutional rights of freedom of the press and freedom of speech to decided it wasn't statutory and they decided that we should decide broadcasters. This would end years of discriminatory treatment whether or not it was constitutional. I've been making these arguments for a long time. As I say, it's more true today than it was then, and I believe our actions today to get rid of a government -imposed fairness that shouldn't be there in a country dedicated to freedom of the press and freedom of speech, and broadcast journalists around the country have reason to celebrate and support their new-found freedom. Concomitant with this freedom is an increased responsibility: I would remind all licensees that our obligation to serve the public interest through programing remains. For me, local service obliga- tions which still allow broadcasters full editorial discretion in pro- graming remain the cornerstone of public interest standards. This decision did not remove the bedrock trustee obligation: in fact. it's implicitly stated in our document. And I'm glad to see this. I didn't think I'd ever see this come about, and when it did, I supported it wholeheartedly -I had to with my background -and I just wanted to try to diffuse, and maybe it's a futile attempt, some of the political division that I saw in this thing, because in '78 we certainly had a good deal of Democratic support for our actions. I think we still do in some areas. Patrick: Thank you, commissioner. Commissioner Dennis? Dennis: It's difficult to go last, Mr. Chairman, especially since there are those who are exercising their First Amendment rights even as Quello we speak (referring to demonstrators who had gathered at the back of which is no longer justifiable in today's technological, economic and the room holding up a sign saying "Save the Fairness Doctrine"). journalistic climate." I'm talking 1978, Mr. Chairman. Today's decision has been hailed by those who thought they were "There are many more TV and radio stations today than newspa- omniscient as the most important vote in the agency's history. (I must pers in every sizable market. The growth of cable, translators, UHF, say. I don't have a written speech, I'm reading from some notes that I FM and the development of satellites has provided more media got up this morning very early and wrote down because inspiration availability than ever before. hit then.) "Future potential is practically unlimited. Then, too, broadcast But I realized that today is no more significant to this commission- journalism today is as mature, professional and objective as any er than it was in my first meeting where I voted on something called other media. Regulatory restraints are no longer justified in today's must carry a year ago. What we decided a year ago was that the First era of competitiveness, numerous outlets and professional journal- Amendment means the First Amendment -notwithstanding what ism. technology we may be talking about. The First Amendment isn't "The fairness doctrine is the codification of good journalistic limited just to broadcasting, not just to the press, not just to cable, practice. Its goals are laudatory. However, I no longer believe gov- not just to MDS. The technology should not be the basis for which ernment is the proper source for mandating good journalistic or we decide whether full First Amendment guarantees attach to that program practice. I believe the practice of journalism is better gov- particular form of expression that gets news, entertainment and erned by professional journalists, editors and news directors. Pro- information programing into the American home. We are not focus- graming is best done by professional program directors, producers ing on that particular device any longer, and I'm glad to see that day. and talent. Even with programing deficiencies, a government "cure" We should not use technology to determine the level of First with censorship overtones is much worse than an unproven industry Amendment protection that that particular technology receives. disease. As has been stated earlier, the core of the First Amendment is "There is little doubt that if TV and radio had existed in 1776, our grounded on political speech; that is what we are freeing today. And founding fathers would have included them as prime recipients of the it shouldn't matter whether that political speech comes over cable, constitutional guarantees of freedom of the press and freedom of whether it comes over the air, et cetera, et cetera. So I think that what speech. After all, they were guaranteeing citizen freedoms so that a we've done today is to take, yes. an important step big step, a well informed -a public and electorate could vote on issues and candi- fundamental step, however you want to frame it-but we're going dates free of any semblance of government interference or control. down a path that we began a year ago, when we decided that the First Today, and up to this time, we did have an America free of govern- Amendment meant the First Amendment for cable. ment control, but not totally free of government interference. Today, fortunately, I'm here so that we can extend it to broadcast- "But remember that, after all, the constitutional freedoms were ing, as well. We are no longer going to attach the First Amendment instituted for the benefit of the citizenry-the total public -not for differences in treatment based on what kind of technology delivers the media. It is the public that stands to gain from an all -media the information, the news, the entertainment to the American home. freedom of the press. I have said repeatedly over the last year that, as decision -makers, I "Somehow, print journalism, with this guaranteed freedom of the think we need to have neutral principles, overarching principles press, has risen to the task of informing the electorate in uncovering which are our lodestars, to which we adhere in a consistent and even- illegal or unethical practices without government interference or handed fashion. That is what we are doing today. We are saying that

Broadcasting Aug 10 1987 1 1 TOP OF THE WEEK I the First Amendment means what it says. We said it back in must rights of the listeners. carry, we're saying it today in the fairness doctrine item, in Mer- So, one of the things that, in reading through this document, kept edith. making me surer and surer as I approach this issue -for the first There are a couple of other points that I'd like to make, one of time, really, because I've not had to address it since I've been at the which the general counsel has pointed out and which Commissioner commission until this particular meeting -was that diversity of Quello has focused on. That is, the public interest. viewpoint is something that I have come to believe in very, very The actual decision that we are reaching today must be understood strongly. It is a significant and it is a fundamental bedrock principle. to be a narrow one. If we were writing on a clean slate, we'd start And how best do we achieve that? We achieve it by ending the reign afresh and apply the print model on all fronts. But we are not writing of the fairness doctrine. on a clean slate; this is an area where the FCC is going to have to Now I recognize we're cutting through some choppy constitution- work with Congress, and work out accommodations. al waters. I thought that the National Labor Relations Act was We're not flouting Congress. What we are bending to is the superi- frought with a lot of difficulties, and then we dealt with must carry, or call of the First Amendment in this instance. We have to have a and I started to realize there are a lot of difficulties in the First consistent analytical framework to apply the Constitution, and that is Amendment analysis, as well. And then we had preferences and we what we are adopting today in our item. We are going to have to had [other] issues [concerning which] we don't have a consistent, make accommodations because there are going to be new technol- clear cut analytical framework given to us by the courts, and I find ogies that develop, and there will be other issues ahead of us, where yet again we are in an area where there are choppy waters because we have no clear, consistent guiding light through the courts as to exact- ly what the First Amendment means. But I do fundamentally believe that the obligations of the broad- caster to serve the public interest will be met by ending the fairness doctrine, because after all, the First Amendment is in the public interest. And I have a quote, too, since we're having quotes, and this is something that I think makes a lot of sense, and it's from Walter Lippman. He said: "Responsible journalism is journalism responsible in the last anal- ysis to the editor's own conviction of what, whether interesting or only important, is in the public interest." And that, fundamentally, is the question that we've answered today. The second point is on indecency. I thought about where will we be criticized for being fundamentally inconsistent? Because if we are great believers in the First Amendment, be it for broadcasters, for cablecasters, or for those who use other sources to convey their messages to the American public, where will we have the most exposure in terms of consistency? And consistency and an even- handed approach of doctrine are very important for decision -mak- ing. And there is nothing inconsistent with our treatment of indecency in broadcasting. The core of the First Amendment is to protect political speech. That is what we are protecting today. The Supreme Dennis Court has made carve -outs for other kinds of speech -commercial is we will, if the print model is adopted, ultimately by the court, be speech, defamation and libel, incitement to riot-and indecency a different confronted squarely with the print model, hopefully; that question is one of those. Sexually explicit material has always had even with the print media. Now, not in our hands, or the resolution of that issue is not. status under the First Amendment, course, there are different considerations in that the print media But what I think most important, and that is what the second part of in different ways than of this item does -we are holding up the print model as our lodestar, can be channeled, if you will, can be restricted the nature of the medium. Therefore, as something we should strive for. I once heard Eddie Fritts [presi- broadcasting can be because of you can refuse to allow dent of the National Association of Broadcasters] in a different you can put brown wrappers over magazines, context quote Casey Stengel. the great western philosopher, that minors to come into bookstores. and therefore, what we have "you've got to know where you're going. or you might end up We can't do that with broadcasting, do so at someplace else." And what we've said is, we know where we're said [is that] those who wish to listen to indecent material can going. we're headed toward the print model. That is what we're a time of day when there is not a reasonable likelihood of children interest in decency is the giving as our lodestar, but were only going so far. We're going as far being in the audience. Because our federal as the statute allows. protection of minors. So, I think we have done the right thing; I feel very comfortable As I said, we are in no way turning our back on the public interest obligations imposed by the act, and upon which we have to make our with this decision. I'm glad I was here for the ride. I appreciate all I was wrestling with this very licensing decisions and many other decisions under the act. The the discussions with my colleagues as and issue. And, again, thank public interest standard is still vital, and I believe that there will be fundamentally significant important further action by the lawmakers, the courts and the Congress, as to you very, very much, Mr. Chairman. whether or not the decision to apply the print model is one that is best Patrick: Thank you, commissioner. for the public and this country. We have said that it is. If there are no other questions, comments or statements, we will What we are really doing is returning to a fundamental First vote the item. Amendment analysis -that is, placing paramount the rights of the All those in favor of this item say "aye." speaker. the right of the cable operator, broadcaster. the right of the All: Aye. the right of the satellite broadcaster, so as to enhance what it is that the American public hears, and in that manner we are enhancing the Patrick: All those opposed, nay. The ayes have it. So ordered. Text of the 'Meredith' decision appears on pages 39 -39K. Additional coverage of last week's fairness doctrine action and reaction begins on page 59.

Broadcasting Aug 10 1987

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TIME PERIOD RANK MARKET STATION 18-49 WOMEN 25 -54 BEAT #1 San Francisco KRON #1 HOLLYWOODSQUARES -Ns1, ARB

Dallas W FAA #1 #1 TONIGHT SHOW, MASH -NSI, ARB Atlanta WSB #1 #1 WHEEL OF FORTUNE -Nsi Miami WSVN #1 #1 JEOPARDY-NSI, ARB

Phoenix KTSP #1 #1 TONIGHT SHOW, NIGHTLINE-ARB

Hartford WFSB #1 # 1 TONIGHT SHOW, NIGHTLINE -ARB o Oklahoma City KTVY #1 #1 NICHTEINE- NSI,ARB 1 Grand Rapids WWMT #1 1 NEWLYWED GAME -NSI

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Dayton WHIO #1 #1 JEOPARDY -Ns1

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Jacksonville WJXT #1 #1 TONIGHT SHOW -NsI TIME PERIOD RANK MARKET STATION 18-49 25-54 BEAT Boston WNEV #2 #2 CHRONICLE -ARB

WHEEL OF FORTUNE, Washington D.C. WJLA #2 #2 1

Tampa WTVT #2 #2 HOLLYWOOD SQUARES- NsI,ARB

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Sacramento KCRA #2 #2 NEWLYWED GAME -NSI

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Orlando WESH #2 #2 NEW DATING GAME -NSI

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Charlotte WSOC #2 #2 NEWLYWED GAME -NSI, ARB

New Orleans WDSU #2 #2 NEWLYWED GAME-ARB Greenville -Ashville Spartanburg WSPA #2 #2 N BC NIGHTLY NEWS -ARB

Buffalo WGRZ #2 #2 NEWLYWED GAME -NSI

Memphis WREG #2 #2 NEWLYWED GAME -Nsi

San Antonio KENS #2 #2 HOLLYWOOD SQUARES -ARB

Mobile WKRG #2 #2 NEWLYWED GAME -NSI

Toledo WTVG #2 #2 NEWLYWED GAME -NsI

Syracuse WTVH #2 #2 NEWLYWED GAME -ARB Source: Rating See. ice as indicated. Ma. 198' `S atrce: Nil Ma. 198' a. Ma. 1986 except Holl. woad Squarce ... Oct. 1986

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Editor's Note This is the complete text of the Meredith decision, by which the FCC, after 38 years, repealed the so- called fairness doctrine. Because of space limitations, all but two of the 249 footnotes have been omitted in this version; those two (numbers 46 and 206 in the original, numbers one and two here) remain because they are essential to understanding the text. BROADCASTING will publish a full -text version of the decision this week. For information, call 202 -659 -2340.

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In re Complaint of

Syracuse Peace Council

against ) ) Television Station WTVH ) Syracuse, New York ) Memorandum Opinion and Order

Adopted: August 4, 1987 Released: August 6, 1987 By the Commission:

Table of Contents

Paragraph Paragraph

I. INTRODUCTION I. Red Lion Broadcasting v. FCC 37 II. BACKGROUND 3 2. Application of the Red Lion Standard 39 A. 1985 Fairness Report 3 (a) Chilling Effect of the Doctrine 42 B. History of this Proceeding 7 (b) The Extent and Necessity of Government 1. Syracuse Peace Council v Television Intervention into Editorial Discretion 52 Station WTVH 7 (c) Conclusion 58 2. Meredith Corp. v. FCC 1 C. Preferred Constitutional Approach 62 3. Comments on Remand 13 1. Basis for Reconsidering Red Lion 66 2. The Scarcity Rationale III. DISCUSSION 17 73 3. Divergence of Red Lion from Traditional A. Scope of this Proceeding - Procedural Issues 17 First Amendment I. Discussion of Policy and Constitutional Precepts 83 4. First Amendment Standard Applicable Issues 17 to the Press 2. Consideration of the Doctrine on its Face 27 95 B. Constitutional Considerations Under Red Lion 36 IV. CONCLUSION 98

order to consider the constitutional and public interest issues raised by I. Introduction WTVH. In light of "the general importance of the issues in this particular case," we published a notice in the Federal Register inviting comment 1. In Meredith Corp. v FCC, the United States Court of Appeals from interested members of the public as well as from the parties to remanded this case to the Commission for further consideration of our this adjudication. As explained more fully below, based upon this record, experience in decision, in this adjudication, to enforce the fairness doctrine against our administering the fairness doc- trine, fundamental constitutional station WTVH. The court found that the Commission, on the basis of principles, and the findings con- tained in the evidence of record, had properly concluded that the station failed our comprehensive 1985 Fairness Report, we conclude that the fairness to satisfy the requirements of the fairness doctrine. It determined, doctrine, on its face, violates the First Amendment and contravenes however, that the Commission had acted arbitrarily and capriciously the public interest. Accordingly, we shall grant reconsi- deration of our earlier in not considering WTVH's contentions that the enforcement of the determinations in this proceeding, and our doctrine deprived the station of its constitutional rights. previous orders in this proceeding are hereby vacated. Any formal determination that WTVH failed to comply with the requirements of 2. Pursuant to the court's Order, we reopened this proceeding in the fairness doctrine can no longer be used against WTVH in any

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FUJI VIDEOTAPE MEREDITH DECISION subsequent renewal proceedings or in any other context. were broadcast. It also argued that the agency had acted incorrectly in framing the controversial issue of public importance. In addition, it asserted that the agency had improperly distinguished an earlier ad- II. Background ministrative decision -- Yes to Stop Calloway Committee -- which, in its view, was "controlling" in this case. Finally. providing new evi- A. 1985 FAIRNESS REPORT dence of additional programming, Meredith asserted that it had in fact case. 3. As the Court noted in Meredith Corp. v. FCC, the Commission aired balanced programming on the issue involved in this the public recently conducted "a comprehensive reexamination of 9. In a supplement attached to its Reply, Meredith advanced a num- policy and constitutional implications of the fairness doctrine." Dur- ber of legal arguments asserting that the fairness doctrine, as applied ing the course of that proceeding, the Commission considered more to the specific facts of the case sub judice and on its face, was than one hundred formal comments and reply comments, hundreds of unconstitutional. First, it contended that the Commission, by failing informal submissions. and oral arguments presented in two full days to follow the appropriate procedures governing the administration of of hearings. The inquiry culminated in the 1985 Fairness Report re- the doctrine, applied the fairness doctrine in a manner which violated leased by the Commission on August 23, 1985. Because we believe its constitutional rights. Second, proferring quantitative data relating that the determinations made in the 1985 Fairness Report are directly to the availability of broadcast stations, cable systems and newer relevant to the issues on remand, in this section we shall briefly technologies in Syracuse, New York, Meredith asserted that the as- summarize the major conclusions of that Report before describing the sumptions of scarcity underlying the Red Lion decision are not present history of this proceeding. in the specific market in which WTVH operates. Thus, while noting that "there may exist situations today wherein sufficient media outlets 4. Based upon compelling evidence of record, the Commission, in do not exist to ensure a multiplicity of both voices and viewpoints," its 1985 Fairness Report, concluded that the fairness doctrine disserved Meredith asserted that the number and types of information sources in the public interest. Evaluating the explosive growth in the number and Syracuse, New York, demonstrate that the fairness doctrine is not types of information sources available in the marketplace, the Corn- constitutionally permissible in that market. Third, Meredith stated mission found that the public has "access to a multitude of viewpoints that "the application of the fairness doctrine to WTVH's editorial without the need or danger of regulatory intervention." The Commis- decision to air the commercials [in this case] has had a distinct and sion also determined that the fairness doctrine "chills" speech, finding chilling effect on its freedom of speech." Fourth, Meredith contended that "in stark contravention of its purpose, [the doctrine] operates as a that there was sufficient evidence in the Commission's pending fair- pervasive and significant impediment to the broadcasting of contro- ness doctrine inquiry demonstrating that "the scarcity rationale of Red versial issues of public importance." In addition, the agency found that Lion no longer exists" for the agency "to reach the conclusion that, as a its enforcement of the doctrine acts to inhibit the expression of unpop- general matter, the Fairness Doctrine contravenes the First Amend- ular opinion; it places the government in the intrusive role of scrutiniz- ment rights of broadcasters." Thus. apparently questioning the legal ing program content; it creates the opportunity for abuse for partisan and factual basis upon which the constitutionality of the fairness political purposes; and it imposes unnecessary costs upon both broad- doctrine was upheld in Red Lion, Meredith asserted that "the Fairness casters and the Commission. Doctrine as a whole lacks constitutional validity today." any intention to "definitively resolve whether 5. While disclaiming 10. In a Memorandum Opinion and Order, the Commission denied the Commission ques- or not the fairness doctrine is constitutional," Meredith's petition for reconsideration. Addressing in detail the non - with the guarantees of the tioned whether the doctrine is consistent constitutional contentions raised by Meredith, the Commission con- "were the balance ours alone to strike, First Amendment. It stated that cluded that it had correctly found on the basis of the evidence before it would fall short of promoting those interests the fairness doctrine thus that WTVH had violated the fairness doctrine. The agency, however, The Commission recognized necessary to uphold its constitutionality." did not reach the merits of Meredith's constitutional arguments. Citing 1969 had upheld the doctrine in Red Lion that the Supreme Court in the 1985 Fairness Report, it stated that it had determined to continue to v. ( Lion "), but determined that the factual Broadcasting Co. FCC "Red enforce the doctrine "irrespective of [its] view concerning the constitu- decision had been eroded. predicates underlying that tionality of the Fairness Doctrine, [because] the question of its repeal is best to Congress and the courts." 6. In the 1985 Fairness Report, the Commission did not reach a or its constitutionality left definitive conclusion as to whether the doctrine was codified. In light 2. Meredith Corp. v FCC of the "intense Congressional interest in the fairness doctrine ... the pendency of legislative proposals," as well as the uncertainty as to 11. Meredith sought judicial review of the Commission's order in the whether the doctrine was in fact codified, the Commission concluded United States Court of Appeals for the District of Columbia Circuit. that "it would be inappropriate at this time...to either eliminate or The Court on review rejected Meredith's contention that the Commis- significantly restrict the scope of the doctrine." Expressing its inten- sion had misconstrued administrative precedent or erred in determin- tion to continue to enforce the fairness doctrine, the Commission ing that WTVH's actions did not satisfy the requirements of the fair- forwarded its Report to Congress so that the legislature would have "an ness doctrine. It asserted, however, that the Commission had acted opportunity to review the fairness doctrine in light of the evidence [in improperly in holding that Meredith violated the doctrine without that Report]." responding to the broadcaster's constitutional arguments. While not- ing that "[a]n agency is not required to reconsider the merits of a rule B. HISTORY OF THIS PROCEEDING each time it seeks to apply it," the court stated that the Commission, in its 1985 Fairness Report: I. Syracuse Peace Council v. Television Station WTVH has already largely undermined the legitimacy of its own 7. While the general inquiry on the fairness doctrine was still pend- rule. The FCC has issued a formal report that eviscerates the ing before the agency, the Commission in this adjudication held that rationale for its existing regulations. The agency has deliberate- television station WTVH in Syracuse, New York, had violated the ly cast grave legal doubt on the fairness doctrine...[in] a formal doctrine. The Commission determined that WTVH, by broadcasting a fashion. series of editorial advertisements advocating the construction of the Nine Mile Point II nuclear plant as a sound investment for New York, 12. In remanding the case to the Commission for further consider- presented a controversial issue of public importance. Finding at that time that the station had failed to air any contrasting viewpoints on the remand, avoiding the constitutional issue concluded that WTVH had not met its obliga- The Court of Appeals concluded that. on issue, the Commission in this case "appears clearly no longer available" to the agency Meredith Corp. v tions under the fairness doctrine. FCC. 809 F.2d at 873 n.11. The Court pointed out that it had recently determined. in TRAC v. FCC, supra note 2, that the fairness doctrine was not codified. In addition. 8. The , the licensee of station WTVH, peti- the Court discussed the fact that Congress, subsequent to TRAC v FCC, had en- tioned the Commission to reconsider its decision. Addressing the acted appropriations legislation which referred explicitly to the fairness doctrine both v FCC. F.2d agency's administration of the doctrine, Meredith argued that the in the body of that statute and in its legislative history. Meredith Corp. 809 at 873 n.11. See Making Continuing Appropriations for Fiscal Year 1987. supra note had misapplied administrative precedent and had erred in Commission 4. and H.R. Rep. No. 99-1005. 99th Cong., 2d Sess. 70-71 (1986). The court asserted determining that the station violated the fairness doctrine. Specifical- that the actual language of the appropriations legislation -does not appear to man- ly. Meredith contended that the Commission had erred in determining date the fairness doctrine." Meredith Corp. v FCC. 809 F.2d at 873 n.11. The court that the issue was controversial at the time that the advertisements probed counsel for the Commission. at oral argument, as to whether the Commission

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QUIP COLUMBIA /EMBASSY TELEVISION A unit of (46--X TELEVISION MEREDITH DECISION ation of Meredith's constitutional claims, the Court provided the Com- eration to the narrow facts presented in this adjudication. Arguing that mission with several options. It indicated that the Commission could the factsof this case are different from the typical fairness doctrine address the constitutional issue broadly or "choose to decide the issue case because, inter alia, the controversial issue was presented in the narrowly, resting on the particular circumstances of Meredith's case." context of an editorial advertisement, SPC and others contend that this As a further alternative, the Court stated that the Commission could adjudication is an inappropriate vehicle for the Commission to under- determine, "in an adjudicatory context, that the doctrine cannot be take a comprehensive evaluation of the doctrine on its face. In addi- enforced because it is contrary to the public interest and thereby avoid tion, a number of fairness doctrine proponents assert, as a general the constitutional issue." In any event, the court admonished the matter, that the doctrine is necessary to assure access by the public to members of this Commission that the failure to consider Meredith's diverse viewpoints on controversial issues. On the constitutional is- constitutional arguments in its defense was not only the "very para- sue, they contend that because there are more persons who wish to digm of arbitrary and capricious administrative action," but may also broadcast than there are frequencies available, the "scarcity rationale" have constituted a breach of the oath that each Commissioner took to underlying the Red Lion decision still exists. Relying upon Red Lion, support and defend the Constitution. This case was therefore remand- they argue that the fairness doctrine is constitutional. we it, in light that admoni- ed for rectification, and now consider of 16. In contrast, many parties opposing the fairness doctrine, includ- tion. ing the American Advertising Federation, the National Broadcasting 3. Comments on Remand Co., Inc. ( "NBC), and the National Association of Broadcasters in this adjudication, to decide expedi- 13. In view of the importance and potentially far- ranging impact of ( "NAB "), urge the Commission, the public interest and comports our decision on remand, we invited interested persons, through publi- tiously whether the doctrine furthers Amendment. Relying upon the findings contained in the cation of a notice in the Federal Register, to submit comments on with the First Association of Advertising Agen- "whether, in light of the 1985 Fairness Report, enforcement of the 1985 Fairness Report, the American Freedom Expression fairness doctrine is constitutional and whether enforcement of the cies, the Landmark Legal Foundation, the of has been a substantial doctrine is contrary to the public interest." On remand, approximately Foundation and others note that that there information services. They con- fifty comments were filed by individuals, broadcasters, advertisers, increase in the number and types of sources gov- public interest groups, trade associations, governmental entities and clude that there is no scarcity of information justifying NBC and others others. The comments were approximately equally divided between ernmental intervention into the content of speech. requires the government to those who support and those who oppose the fairness doctrine. contend that fairness doctrine enforcement make decisions concerning the content of programming that are 14. A number of fairness doctrine advocates argue that the Commis- fraught with judgmental uncertainty. Asserting that the effect of the sion should not consider either the propriety or the constitutionality of doctrine is to inhibit the expression of views on controversial issues of the doctrine in this adjudication. For example, certain proponents, public importance, a number of commenters state that there is no including the New York State Consumer Protection Board ( "New justification for the doctrine as a matter of policy. In addition, many York ") and the Office of the United Church of Christ et al. ( "UCC "), commenters for the same reasons conclude that the doctrine violates argue that the agency lacks the authority to abolish the fairness doc- the First Amendment rights of broadcasters. As a consequence, they trine in an adjudicatory proceeding because, in their view, it is an state that it would be improper for the Commission to continue to agency rule which cannot be altered except through notice and com- enforce the doctrine and urge the agency to take whatever action is ment rulemaking procedures. The Syracuse Peace Council ( "SPC ") necessary to eliminate it. contends that the agency, on remand, should find, as a factual matter, that Meredith Corporation did not violate the fairness doctrine, and thus the Commission could avoid resolution of any general policy or constitutional issues. In addition, certain commenters suggest alterna- III. Discussion tive proceedings or approaches to the consideration of the issues on remand. For example, a number of parties request the Commission A. SCOPE OF THIS PROCEEDING - variously to institute a rulemaking on the fairness doctrine, to combine PROCEDURAL ISSUES this adjudication with the proceeding addressing alternative enforce- ment policies for the fairness doctrine, or to defer consideration of this 1. Discussion of Policy and Constitutional Issues proceeding until after the alternatives proceeding is concluded or until 17. SPC asserts that the Commission should avoid considering the the Supreme Court has disposed of the petitions for certiorari in TRAC policy or constitutional issues on remand entirely by resolving this v FCC. case on the narrow factual issue concerning whether Meredith had 15. If the agency decides the case on the merits, some fairness violated the fairness doctrine. Specifically, SPC urges us to grant doctrine proponents state that the Commission should limit its consid- Meredith's Petition for Reconsideration and to vacate our earlier deci- sion upholding the validity of SPC's own complaint on the grounds Meredith had in fact complied with the fairness doctrine by providing could be bound by legislative intent, as expressed in report language and other legislative history, but not in actual legislation. In its decision, the court noted that responsive programming. history not legally binding. Despite the fact that counsel admitted that legislative was 18. We reject SPC's request. The argument that Meredith had in fact it legislative history indicating that at least some members of the court had before obligations by presenting both sides of Congress did not want the Commission to act on the fairness doctrine, see id., the satisfied its fairness doctrine court nevertheless remanded the proceedings and directed the Commission to the controversial issue in question was presented to the court in Mer- consider the constitutional and public interest challenges to the fairness doctrine, edith Corp. v. FCC. Nonetheless, the court expressly affirmed our demonstrating its determination that the various expressions of congressional intent earlier finding that station WTVH had violated the doctrine. The did not codify the doctrine nor justify continued delay in resolving petitioners claim. this aspect the case is final, and we have no power to Subsequent to the court's decision in Meredith Corp. v FCC, efforts have been affirmance of of made to codify the fairness doctrine. S. 742, 100th Cong., 1st Sess. (1987); H.R. revisit this determination. It is well -established that: 1934 (1987). See S. Rep. 100 -34. 100th Cong., 1st Sess. (1987); H.R. Rep. No. 100- a federal appellate court establishes the law 108, 100th Cong. 1st Sess. (1987). S. 742 was passed by the Senate on April 21, [t]he decision of 1987, and H.R. 1934 was passed by the House of Representatives on June 3, 1987. binding further action in the litigation by another body subject The legislation, however, was vetoed by the President on June 19, 1987, 23 Weekly to its authority. The latter 'is without power to do anything voted Comp. Pres. Doc. 715 (June 29, 1987), and on June 23, 1987, the Senate to which is contrary to either the letter or spirit of the mandate without attempting to override the veto. 133 Cong. Rec. return the bill to committee construed in the light of the opinion of [the] court deciding the S8438 (daily ed. June 23. 1987). Thus. to date, these efforts have not resulted in codification. and thus the fairness doctrine is not mandated by statute. Hence, this case...' involve of the Commission to question the constitutional- case does not the authority "The prior appellate review and determination of [a fairness doctrine ity of a statute. issue[]." Nearly seven months have passed since the Court of Appeals decided Meredith violation]... foreclose the opportunity to redetermine that] Corp. v FCC, and the Commission has had adequate time to assess comments and SPC would have the Commission on remand revisit issues definitively to analyze the constitutional and public interest challenges thoroughly. In light of decided by the Court of Appeals for the apparent purpose of avoiding the court's clear directions in remanding this case, we these facts, and in light of the policy and constitutional issues which the court specifically direct- believe that we can no longer justifiably delay our response to WTVH's claims. Any an approach would contravene the court's further delay in deference to Congress' continuing interest in fairness legislation ed us to consider. Such would be inconsistent with our adjudicatory responsibilities, Meredith Corp. v FCC, decision in Meredith Corp. v. FCC, and we decline to adopt it. administrative procedure, see Koniag, Inc. v Village 809 F2d at 873 -74, and proper and Order, we consider of Uyak, 580 F2d 601 (D.C. Cir. 1978); Pillsbury v FTC. 354 F2d 952 (5th Cir. 1966). 19. Therefore, in this Memorandum Opinion

Broadcasting Aug 10 1987 39-B MEREDITH DECISION whether the fairness doctrine is consistent with the guarantees of the permit the Commission to reassess administrative precedent in adjudi- First Amendment and whether it comports with the public interest. As cations even where the regulatory policy is of long standing and has noted above. the court ordered the Commission to consider Meredith's far reaching effect. In any event. the agency reopened this proceeding constitutional arguments unless it decided, on policy grounds, not to pursuant to an express judicial directive to consider the lawfulness of enforce the fairness doctrine. As we began to examine the policy enforcing the fairness doctrine against station WTVH, provided ex- issues, however, it became evident to us that the policy and constitu- plicit notice of the matters at issue. and solicited comment from all tional considerations in this matter are inextricably intertwined and interested parties. It can hardly be an abuse of discretion for an agency that it would be difficult, if not impossible, to isolate the policy to comply with an order of the Court of Appeals by addressing considerations from on the constitutional aspects underlying the doctrine. remand the precise issues contemplated by that court. We believe, as a result, that it is appropriate and necessary to address 25. We also reject the contention we the policy and constitutional issues together for a number of reasons. that are barred from considering the propriety of the fairness doctrine because it is an agency rule which 20. First, in an analysis of any Commission regulation, it is well - can not be modified or eliminated except through the notice and established that First Amendment considerations are an integral com- comment procedures prescribed in Section 4 of the Administrative ponent of the public interest standard. For example. in FCC v. Nation- Procedure Act ( "APA "). The fairness doctrine was never promulgated al Citizens Committee for Broadcasting, the Supreme Court stated as an agency regulation pursuant to a notice and comment that rulemaking process. Rather, it was developed over a period of time through state- the "'public interest' standard necessarily invites reference to ments of policy (without notice and comment) and case-by -case adju- First Amendment principles, - Columbia Broadcasting Sys- dications. The first fairness doctrine obligations were imposed by the tem, Inc. v. Democratic National Committee, 412 U.S. 94, 122 FCC and its predecessor, the Federal Radio Commission, in early (1973), and. in particular, to the First Admendment goal of adjudicatory proceedings. The policy was clarified and further devel- achieving "the widest possible dissemination of information oped in subsequent adjudications and in reports issued by the Com- from diverse and antagonistic sources," Associated Press v. mission in 1949 and 1974. The fairness doctrine was established, United States, 326 U.S. I, 20 (1945). without notice and comment, and there is no requirement that it now A meaningful assessment of the propriety of the doctrine, therefore, be modified or eliminated through notice and comment rulemaking. necessarily includes an evaluation of its constitutionality. If the doc- 26. Contrary to the contentions of parties such as the trine impedes the realization of First Amendment objectives -and, as Office of Com- munications of the United Church of explained more fully below, we believe that it does -a fortiori it Christ, the fact that the fairness disserves the public interest. doctrine is referred to in Section 73.1910 of our rules does not mean that it can be altered or eliminated only by means of a notice and 21. A second, but related, reason that the policy and constitutional comment rulemaking. The reference to the fairness doctrine was in- issues are inextricably intertwined is that the promotion of First corporated in the Code of Federal Regulations in 1978. The Commis- Amendment values was the Commission's core policy objective in sion, without extensive analysis, had concluded at that time that the establishing and maintaining the doctrine. The parameters defining doctrine was codified by Section 315 of the Communications Act. the need and desirability of government intervention under the fair- Section 73.1910, which was adopted without notice and comment as ness doctrine are coextensive with those of the First Amendment. part of an omnibus procedural restructuring of the broadcast rules, is a Therefore, if the doctrine fails to further First Amendment principles, simple statement setting forth what the Commission erroneously per- or if it strays from those parameters established by the Constitution, it ceived to be required by Section 315. Specifically, in adopting Section necessarily follows that the doctrine does not achieve the specific 73.1910, the Commission stated that: purpose for which it was intended and can no longer be sustained. The new rule simply states that the Fairness Doctrine is in 22. Third, this Commission was established by Congress as the expert Section 3I5(a) of the Communications Act, directs the rule user agency in broadcast matters and possesses more than fifty years of to the FCC public notice, "Fairness Doctrine and the Public experience with the day -to -day implementation of communications Interest Standard, "...and includes information on obtaining regulation. As a consequence, the courts, when considering the con- copies of this document from the FCC. stitutionality of broadcast regulation, have found our perspective in- Its adoption did not effectuate any change in broadcasters' formative. For example. the Supreme Court has stated that "in eva- obligations under the fairness doctrine. The Court of Appeals luating... First Amendment claims... we must afford great weight to decision in TRAC v. FCC that the fairness doctrine is not the decisions of Congress and the experience of the Commission." codified in Section 315 renders Section 73.1910 of our rules meaningless, and it Further, the Court of Appeals, in remanding this case to the Commis- consequently has no relevance to the issues addressed in this proceeding. sion, affirmatively stated that it "may well benefit-in the event of further review-from the Commission's analysis [of the constitutional issue]." Accordingly, we consider the constitutional and policy issues 2. Consideration of the Doctrine on its Face raised in this proceeding as being derived from the same set of princi- ples. 27. After reviewing Meredith's several arguments in its defense, we are persuaded by its argument that the fairness doctrine is unconstitu- 23. We reject the contention of those parties who argue that we cannot tional on its face. We, therefore, do not -and, as explained below, address the broad policy and constitutional issues involving the fair- cannot-confine our determination of the issues involved here to the ness doctrine in this proceeding, but must issue an additional rulemak- specific facts of this adjudication. We do not believe that the constitu- ing notice to do so. In Meredith Corp. v. FCC, the Court explicitly tionality or the propriety of our holding that WTVH violated the stated that the Commission could decide this case on broad policy and fairness doctrine turns narrowly upon either the specific manner in constitutional grounds. The contention, then, that the Commission which we have enforced the doctrine in this instance or upon any lacks authority to consider these issues in this adjudication is directly unique circumstances in the particular geographic market in which we at odds with the directive of the Court of Appeals in remanding this have applied it. Rather, we believe, as more case to the agency. fully discussed below, that the doctrine's infirmity of impermissibly chilling and reducing the 24. h is well -established, moreover, that "administrative agencies discussion of controversial issues of public importance is not an infir- have wide leeway in choosing to announce rules and intepretations in mity resulting from the enforcement of the doctrine in this particular the course of adjudications." The courts have duly recognized that "the case or in particular markets, but is an infirmity that goes to the very choice whether to proceed by rulemaking or adjudication is primarily heart of the enforcement of the fairness doctrine as a general matter. one for the agency regardless of whether the decision may affect We believe that the relevant issue in this proceeding is whether the agency policy and have general prospective application." While ac- doctrine itself complies with the strictures of the First Amendment and knowledging this long established rule of administrative law, certain thereby comports with sound public policy.Therefore, in order to parties nonetheless contend that the Commission's discretion in select- resolve the issues that the Court directed us to consider, we conclude ing the type of proceeding in which to consider its policies would be that we have no choice but to consider Meredith's challenge to the abused were the Commission to address the broad constitutional and facial validity of the fairness doctrine itself. policy issues in this adjudication. We disagree. Even if this case only 28. We also believe that there are cogent reasons why we must consid- involved a situation in which the agency decided on its own motion to er the broad policy and constitutional issues in this adjudication. The reevaluate in an adjudication the propriety and the constitutionality of particular broadcast at issue in this adjudication involved the broad- the fairness doctrine, this course of action would be lawful. The courts cast of an editorial advertisement, which triggered our enforcement of

Broadcasting Aug 10 1987 39-C MEREDITH DECISION consisting of two parts, is a the fairness doctrine as expressed more particularly through the Cull- this case. The fairness doctrine, although loses its identity. The man doctrine. Although, at first blush, it appears that our decision unified doctrine; without both parts, the doctrine Red Lion case have all could be limited to such announcements and to the continued vitality litigants and courts in this and, indeed, the not two of the Cullman doctrine. closer scrutiny reveals that the policies in- considered the validity of the doctrine as a whole, and as volved cannot be segregated on any principled basis, so that such an separate policies. They have considered the doctrine as such because fair- approach is untenable. neither part of the doctrine, standing separately, constitutes the of the doctrine are interdependent and of ness doctrine, for both parts 29. The Cullman doctrine developed from a particular application overall regulatory scheme. Consequently, if the consti- case integral to the the fairness doctrine in Cullman Broadcasting Co. The Cullman tutional infirmity of the doctrine arises from the enforcement of one of applies to a broadcaster's airing of clarified that the fairness doctrine its parts, we do not believe it appropriate to sever that part of the first time one side of a an editorial advertisement that presents for the doctrine and to continue enforcing only the other part. controversial issue of public importance, thereby requiring the broad- caster to afford a reasonable presentation of contrasting viewpoints on 34. Yet even if we were to sever the two prongs of the doctrine and violated this that issue. Under the Cullman doctrine, if a broadcaster does not consider and invalidate only that prong which was in intend to present contrasting viewpoints through its own programming case, we would be left with something very different from the fairness itself, although and cannot obtain paid sponsorship for the presentation of such view- doctrine. The first part of the fairness doctrine, by mechanism, points, then it cannot refuse to broadcast a presentation of those subject to a different regulatory focus and enforcement to viewpoints (otherwise suitable to the licensee) on the ground that it may be compared to the already existing obligation of broadcasters cannot obtain paid sponsorship for that presentation. The Cullman cover issues of importance to their communities. Accordingly, retain- thus no need to doctrine is, in reality, no more than a statement that the fairness ing both obligations would be duplicative. There is doctrine must be complied with regardless of the availability of paying sever the two parts of the existing fairness doctrine in order to retain program sponsors, and, as explained more fully below, its infirmity the obligation imposed by the first part. threat stems from the very heart of the fairness doctrine -- i.e., its of 35. In remanding this case to us, the Court of Appeals did not indicate government intrusion into the editorial process to ensure that broad- that we were obligated to consider, or even that we should consider, airing casters provide balanced programming in connection with their the two parts of the doctrine separately, and, as stated above, we do not such of editorial advertisements inhibits broadcasters from accepting believe that we are otherwise obligated to do so. Our directive from advertisements. Thus, the Cullman doctrine can neither be logically the court was to consider the constitutionality and propriety of the doctrine nor materially distinguished from the core of the fairness fairness doctrine as it is currently administered. That doctrine, both on itself. its face and as administered, contains two parts that, together, consti- 30. For example, the fact that the Cullman doctrine requires the broad- tute the fairness doctrine. Accordingly, we consider the entire doctrine caster to broadcast unsponsored presentations of contrasting view- in this proceeding and decline to sever its parts from one another. points if it cannot obtain sponsored presentations of such viewpoints does not distinguish it from its parent fairness doctrine. The presenta- importance is tion of one side of any controversial issue of public B. CONSTITUTIONAL CONSIDERATIONS generally financed either directly by the actual speaker, through an editorial advertisement (a Cullman scenario), or by the broadcaster. UNDER RED LION (a general through the station's commercial advertisement revenues 36. As more fully discussed below, the extraordinary technological for the fairness scenario). If the broadcaster cannot obtain financing advances that have been made in the electronic media since the 1969 from the presentation of contrasting viewpoints on a particular issue Red Lion decision, together with a consideration of fundamental First sale of another editorial advertisement to another speaker, then the Amendment principles, provide an ample basis for the Supreme Court using its broadcaster must finance the presentation of such viewpoints to reconsider the premise or approach of its decision in Red Lion. own commercial advertisement revenues. In either event, the regula- Nevertheless, while we believe that the Court, after reexamining the same; and tory and economic burdens on the broadcaster are the issue, may well be persuaded that the transformation in the communi- doctrine nothing distinguishes the Cullman doctrine from the fairness cations marketplace justifies alteration of the Red Lion approach to in this context. broadcast regulation, we recognize that to date the Court has deter- 31. Finally, Cullman obligations arise, just as general fairness obliga- mined that governmental regulation of broadcast speech is subject to a tions arise, only when the editorial advertisement involves a contro- standard of review under the First Amendment that is more lenient versial issue of public importance. Hence, just like other program- than the standard generally applicable to the print media. Until the ming that does not involve such issues, an editorial advertisement that Supreme Court reevaluates that determination, therefore, we shall does not involve a controversial issue of public importance does not evaluate the constitutionality of the fairness doctrine under the stan- give rise to any obligation to present contrasting viewpoints. Conse- dard enunciated in Red Lion and its progeny. quently, it becomes clear that the Cullman doctrine derives its life Co. v. FCC blood from the fairness doctrine, and its continued vitality cannot be 1. Red Lion Broadcasting considered without a concomitant assessment of the underlying fair- 37. Eighteen years ago, the Supreme Court, in Red Lion Broadcasting ness doctrine. Therefore, we believe that, because the constitutional Co. v FCC, upheld the constitutionality of the fairness doctrine be- and public interest infirmity of the Cullman doctrine derives from the cause it believed, at that time, that the doctrine promoted "the para- underlying fairness doctrine, it would be arbitrary and capricious for mount [F]irst [A]mendment rights of viewers and listeners to receive us to consider the Cullman doctrine in this proceeding, without also 'suitable access to...ideas and experiences. " In that decision, the addressing the fairness doctrine that stands as its base. Court clearly articulated a First Amendment standard for evaluating provided less protection to the speech of 32. In short, broadcasters are faced daily with editorial decisions broadcast regulation which that to journalists in other media. concerning what types of commercial or noncommercial material on broadcast journalists than accorded scarcity of broadcast frequen- controversial public issues to present to their listeners and viewers. The Court held that, "[i]n view of the role in allocating those frequencies, and the The fundamental issue embodied in this fairness doctrine litigation is cies, the Government's unable without government assistance to the same as that presented in all other fairness doctrine cases: whether legitimate claims of those to those frequencies for expression of their views," the it is constitutional and thereby sound public policy for a government gain access who were granted a license to agency to oversee editorial decisions of broadcast journalists concern- government could require persons fiduciary with obligations to present those views ing the broadcast of controversial issues of public importance. Be- operate "as a proxy or which of his community." The Court thus cause the case before us is a product of the fairness doctrine itself, and and voices are representative characterized as "an unusual order of because it raises important policy and constitutional issues common to described what it subsequently values;" it determined that governmental restrictions all fairness doctrine litigation, we do not believe that the resolution of First Amendment of broadcasters could be justified if they furthered the this proceeding turns on any specific facts that are unique to this on the speech viewers. adjudication. interests of listeners and the Court in Red Lion articulated this standard for broad- 33. Nor do we believe that it would be appropriate, in passing on the 38. Although respects its holding was narrow in scope. constitutional and policy issues raised by our enforcement of the cast regulation, in several terms, disclaimed an intention of "approv- fairness doctrine, to limit our consideration of such issues to the one First, the Court, in explicit aspect of the fairness doctrine." Second, as the Court in part of the fairness doctrine that we determined had been violated in [ing] every

Broadcasting Aug 10 1987 39-D MEREDITH DECISION Meredith v. FCC noted, the Red Lion decision "was expressly pre- obligation to cover controversial issues of vital importance to the mised on the scarcity of broadcast frequencies 'in the present state of community), a licensee is able to lessen the substantial burdens associ- commercially available technology' as of 1969." Third, and most ated with the second prong of the doctrine (i.e., its obligation to importantly, the Court, in determining that the doctrine satisfied the present contrasting viewpoints) while conforming to the strict letter of requirements of the First Amendment, relied upon the Commission's its regulatory obligations. The licensee, consistent with its fairness express representation that there was no evidence that the doctrine doctrine obligations, may forego coverage of other issues that, al- "chills speech." The Court emphasized that if the fairness doctrine though important, do not rise to the level of being vital. were found to inhibit broadcasters from covering controversial issues 44. As the Commission demonstrated, the incentives involved in limit- of public importance: ing the amount of controversial issue programming are substantial. A Such a result would indeed be a serious matter for... the broadcaster may seek to lessen the possibility that an opponent may purposes of the of the doctrine would be stifled. At this point, challenge the method in which it provided "balance" in a renewal however, as the Federal Communications Commission has indi- proceeding. If it provides one side of a controversial issue, it may wish cated, that possibility is at best speculative ...The fairness doc- to avoid either a formal Commission determination that it violated trine in the past has had no such overall effect. agency policy or the financial costs of providing responsive program- ming. More important, however, even it intends to The Court in Red Lion expressly stated that it would reconsider its if or believes that it has presented balanced coverage of a controversial issue, holding "if experience with the administration of [the fairness doc- it may be inhibited by the expenses of being second-guessed by the trine] indicates that [it] ha[s] the net effect of reducing rather than government in defending a fairness doctrine complaint at the enhancing the volume and quality of coverage [of controversial issues Commission, and if the case is litigated in court, the costs of public importance]." of an appeal. Further, in view of its dependence upon the goodwill of its audience, a licensee may seek to avoid the possible tarnish to its reputation that even an allegation 2. of that it violated the governmental policy of "balanced" programming Application the Red Lion Standard could entail. 39. Under the standard enunciated by the Supreme Court for assessing 45. Furthermore, the Commission determined that the doctrine inher- the constitutionality of broadcast regulation, "it is the right of the ently provides incentives that are more favorable to the expression of viewers and listeners and not the broadcasters which are paramount." orthodox and well -established opinion with respect to controversial This standard permits the government to regulate the speech of broad- issues than to less established viewpoints. The Commission pointed casters in order to promote the interest of the public in obtaining out that a number of broadcasters who were denied access to diverse viewpoints. or threatened with the denial of renewal of their licenses on fairness grounds had pro- 40. In subsequent cases applying the Red Lion standard, the Supreme vided controversial issue programming far in excess of the typical Court also recognized expressly that broadcasters have substantial broadcaster. Yet these broadcasters espoused provocative opinions rights under the First Amendment. Indeed, the Court specified that in that many found to be abhorrent and extreme, thereby increasing the furthering the public's interest in viewpoint diversity, it "must neces- probability that these broadcasters would be subject to fairness doc- sarily rely in large part upon the editorial initiative and judgment of the trine challenges. The Commission consequently expressed concern broadcasters...." The Court has emphasized that "broadcasters are that the doctrine, in operation, may have penalized or impeded the 'entitled under the First Amendment to exercise "the widest journalis- expression of unorthodox or unpopular opinion, depriving the public tic freedom consistent with their public [duties)".'" In addition, it has of debates on issues of public opinion that are "uninhibited, robust, held that governmental restrictions on broadcasters' speech are per- and wide-open." The doctrine's encouragement to cover only major or missible under the First Amendment only in situations in which those significant viewpoints, with which much of the public will be familiar, restrictions are "narrowly tailored to further a substantial governmen- inhibits First Amendment goals of ensuring that the public has access tal interest, such as ensuring adequate and balanced coverage of public to innovative and less popular viewpoints. issues." 46. As noted above, these various incentives are not merely specula- 41. An assessment of the constitutionality of the fairness doctrine tive. The record compiled in the fairness inquiry revealed over 60 under the standard established by Red Lion and its progeny, therefore, reported instances in which the fairness doctrine inhibited broadcast- "requires a critical examination of the interests of the public and ers' coverage of controversial issues. Although some have sought to broadcasters." We shall thus consider the constitutionality of the fair- disparage or discount the significance of some of the specific exam- ness doctrine from the perspective both of the public and the broadcast ples cited, we have carefully reviewed these criticisms and continue to licensees. In so doing, we shall examine the record developed in this believe that those specific instances of broadcasters' conduct were case and in the 1985 Fairness Report to determine, in accordance with broadly illustrative of a prevalent reaction to the doctrine and that the existing Supreme Court precedent, whether the enforcement of the record from the inquiry overwhelmingly demonstrated that broadcast- fairness doctrine (1) chills speech and results in the net reduction of ers act upon those incentives and limit the amount of controversial the presentation of controversial issues of public concern and (2) issue programming presented on the airwaves. excessively infringes on the editorial discretion of broadcast journal- 47. The Commission demonstrated in the 1985 Fairness Report ists and involves unnecessary government intervention to the extent that broadcasters -- from network television anchors to those in the that it is no longer narrowly tailored to meet its objective. small- est radio stations -- recounted that the fear of governmental sanction (a) Chilling Effect of the Doctrine resulting from the doctrine creates a climate of timidity and fear, which deters the coverage of controversial issue programming. The 42. In the 1985 Fairness Report, the Commission evaluated the effica- record contained numerous instances in which the broadcasters decid- cy of the fairness doctrine in achieving its regulatory objective. Based ed that it was "safer" to avoid broadcasting specific controversial issue upon the compelling evidence of record, the Commission determined programming, such as series prepared for local news programs, than that the fairness doctrine, in operation, thwarts the purpose that it is to incur the potentially burdensome administrative, legal, personnel, designed to promote. Instead of enhancing the discussion of contro- and reputational costs of either complying with the doctrine or defend- versial issues of public importance, the Commission found that the ing their editorial decisions to governmental authorities. Indeed, in the fairness doctrine, in operation, "chills" speech. 1985 Fairness Report, the Commission gave specific examples of 43. The Commission documented that the fairness doctrine provides instances in which broadcasters declined to air programming on such broadcasters with a powerful incentive not to air controversial issue important controversial issues such as the nuclear arms race, religious programming above that minimal amount required by the first part of cults, municipal salaries, and other significant matters of public con- the doctrine. Each time a broadcaster presents what may be construed cern. In each instance, the broadcaster identified the fairness doctrine as the as a controversial issue of public importance, it runs the risk of a cause for its decision. complaint being filed, resulting in litigation and penalties, including 48. The record in the fairness inquiry demonstrated that this self- loss of license. This risk still exists even if a broadcaster has met its censorship is not limited to individual programs. In order to avoid obligations by airing contrasting viewpoints, because the process nec- fairness doctrine burdens, the Commission found that stations have essarily involves a vague standard, the application and meaning of adopted company "policies" which have the direct effect of diminish- which is hard to predict. Therefore, by limiting the amount of contro- ing the amount of controversial material that is presented to the public versial issue programming to that required by the first prong (i.e., its on broadcast stations. For example, some stations refuse to present

Broadcasting Aug 10 1987 39-E MEREDITH DECISION editorials; other stations will not accept political advertisements: still had an affirmative obligation. derived from the First Amendment, to others decline to air public issue (or editorial) advertising; and others oversee the content of programming through enforcement of the fair- have policies to decline acceptance of nationally produced program- ness doctrine in order to ensure the availability of diverse viewpoints ming that discusses controversial subjects or to have their news staffs to the public. After careful reflection. however, the Commission, with avoid controversial issues as a matter of routine. The Commission respect to the fairness doctrine, repudiated the notion that it was concluded, therefore. that the doctrine "inhibits the presentation of proper for a governmental agency to intervene actively in the market- controversial issues of public importance to the detriment of the public place of ideas. The Commission found that the enforcement of the and in degradation of the editorial prerogatives of broadcast journal- doctrine requires the "minute and subjective scrutiny of program con- ists." tent," which perilously treads upon the editorial prerogatives of broad- cast journalists. The Commission further found that in administering 49. Further. we believe that enforcement actions such as the one in this the doctrine it is forced to undertake the dangerous task of evaluating substantial disincentives to broadcasters to cover proceeding provide particular viewpoints. The fairness doctrine thus indisputably repre- controversial issues of importance in their community. As a direct sents an intrusion into a broadcaster's editorial discretion, both in its result the Commission second- guessing the editorial discretion of of enforcement and in the threat of enforcement. It requires the govern- station WTVH in its coverage of an important, controver- Meredith's ment to second -guess broadcasters' judgment on the issues they cover, sial issue, Station WTVH became embroiled in a burdensome, regula- as well as on the manner and balance of coverage. The penalties for though it has, under today's decision, ultimately tory quagmire. Even noncompliance range from being required to provide free air time, in adjudication. the station has incurred substantial prevailed this under some circumstances, to providing contrasting viewpoints, in associated with the initial adjudication, the recon- litigation expenses others, to loss of license, in extreme cases. Even though an individual the case on appeal and the subsequent remand. sideration proceeding, violation might not lead to license revocation, the court in Meredith Its reputation has been tarnished for nearly three years by a formal noted that the mere finding of a violation "has its own coercive was unfair in its programming adjudication by this Commission that it impact." and somehow did not live up to professional journalistic standards. In addition, its editorial judgment as a broadcast journalist has been 53. In this regard, the Commission noted that, under the fairness subject to question by government authorities. Based upon this exper- doctrine, a broadcaster is only required to air "major viewpoints and ience, we believe that, if we were to continue to impose the doctrine, shades of opinion" to fulfill its balanced programming obligation some broadcasters would continue to seek to avoid the substantial under the second part of the doctrine. In administering the fairness burdens associated with the doctrine by limiting their coverage of doctrine, therefore, the Commission is obliged to differentiate be- controversial issues of public importance. tween "significant" viewpoints which warrant presentation to fulfill the balanced programming obligation and those viewpoints that are 50. Several commenters in this adjudication challenge the Commis- not deemed "major" and thus need not be presented. The doctrine sion's determination in 1985 that the fairness doctrine in operation forces the government to make subjective and vague value judgments controversial issues of public importance. inhibits the expression of among various opinions on controversial issues to determine whether The arguments presented by these parties, however, are the same a licensee has complied with its regulatory obligations. contentions which already have been carefully considered and reject- ed by the Commission in its 1985 Fairness Report. Therefore, for the 54. In addition, the Commission expressed concern that the fairness reasons set forth in that Report, we do not find them persuasive, and doctrine provides a dangerous vehicle -- which had been exercised in we reaffirm the fundamental determinations contained in the 1985 the past by unscrupulous officials -- for the intimidation of broadcast- Fairness Report. ers who criticize governmental policy. It concluded that the inherently subjective evaluation of program content by the Commission in ad- Inc. was the sole broadcaster in this proceed- 51. Fisher Broadcasting ministering the doctrine contravenes fundamental First Amendment assert to us that the fairness doctrine has not inhibited its ing to principles. We reaffirm these determinations and find that enforce- controversial issues of public importance. In the stations' coverage of ment of the fairness doctrine necessarily injects the government into Westinghouse Broadcasting & Cable Co. was the sole 1985 inquiry, the editorial process of broadcast journalists. broadcaster to make a similar claim. We do not believe, however, that statements by these or other licensees demonstrate generally an ab- 55. In further analyzing whether the fairness doctrine is narrowly sence of a "chilling effect" in the broadcasting industry. As we stated in tailored to achieve a substantial government interest, we look again to the 1985 Fairness our evaluation in the 1985 Fairness Report of whether this type of Report: government regulation is in fact necessary to ensure the availability of diverse sources of information and viewpoints to the public. In that [W]e do not believe that the isolated representations of some Report, the Commission undertook a comprehensive review of the broadcasters to the effect that the doctrine does not have any information outlets currently available to the public. This review, as effect on the type, frequency or duration of the controversial discussed in more detail below, revealed an explosive growth in both viewpoints they air are probative of an absence of chilling effect the number and types of such outlets in every market since the 1969 within the industry as a whole; the fact that some broadcasters Red Lion decision. And this trend has continued unabated since 1985. may not be inhibited in the presentation of controversial isssues For example, 96% of the public now has access to five or more does not prove that broadcasters in general of public importance television stations. Currently, listeners in the top 25 markets have are similarly uninhibited. access to an average of 59 radio stations, while those in even the The record in that Report demonstrates that many broadcasters are in smallest markets have access to an average of six radio stations. In fact inhibited by fairness doctrine burdens from covering controver- contrast to that, only 125 cities have two or more daily newspapers sial issues of public importance. No broadcaster indicated to us that its published locally. Nationwide, there are 1,315 television and 10,128 coverage of controversial issues has increased as a result of the fair- radio stations, while recent evidence indicates that there are 1,657 ness doctrine, and absent such evidence to offset the numerous in- daily newspapers. The number of television stations represents a 54% stances of chill that we have identified, we can only conclude that the increase since the Red Lion decision, while the number of radio overall net effect of the doctrine is to reduce the coverage of controver- stations represents a 57% increase. Not only has the number of televi- sial issues of public importance, in contravention of the standard sion and radio stations increased the public's access to a multiplicity of announced in Red Lion. media outlets since 1969, but the advent and increased availability of such other technologies as cable and satellite television services have (b) The Extent and Necessity of Government Intervention dramatically enhanced that access. As a result of its 1985 review, the into Editorial Discretion Commission determined that "the interest of the public in viewpoint diversity is fully served by the multiplicity of voices in the market- 52. As explained above, the Supreme Court has held that restrictions place today" and that the growth in both radio and television broad- on the content of broadcasters' speech must be narrowly tailored to casting alone provided "a reasonable assurance that a sufficient diver- achieve a substantial government interest in order to pass constitution- sity of opinion on controversial issues of public importance [would] be al muster. As part of an analysis of such a requirement, we look to the provided in each broadcast market." It concluded, therefore, and we 1985 Fairness Report, in which the Commission examined the appro- continue to believe, that government regulation such as the fairness priate role of government in regulating the expression of opinion. doctrine is not necessary to ensure that the public has access to the Historically, the Commission has taken the position that the agency marketplace of ideas.

Broadcasting Aug 10 1987 39-F MEREDITH DECISION

56. None of the commenters in this proceeding has challenged the fairness doctrine imposes substantial burdens upon the editorial dis- underlying data contained in the 1985 Fairness Repon demonstrating cretion of broadcast journalists and, because technological develop- the significant increase in the number and types of information ser- ments have rendered the doctrine unnecessary to ensure the public's vices. In its Comments, however. the ACLU attempts to discount the access to viewpoint diversity, it is no longer narrowly tailored to meet importance of the Commission's findings. For example, disputing the a substantial government interest and therefore violates the standard significance of the substantial growth in the number of television set forth in League of Women Voters. The doctrine requires the gov- stations, the ACLU argues that most of this increase has been in UHF ernment to second -guess broadcasters' judgment on such sensitive independent stations which, it speculates. may not contribute to the and subjective matters as the "controversiality" and "public impor- diversity of viewpoints. We disagree. The ACLU has provided no tance" of a particular issue, whether a particular viewpoint is "major," meaningful basis for us to reconsider our conclusion that independent and the "balance" of a particular presentation. The resultant over - stations can contribute -- and do contribute -- significantly to the breadth of the government's inquiry into these matters is demonstrated marketplace of ideas. Therefore, we continue to believe that the con- by the chill in speech that we have identified. The doctrine exacts a tributions of UHF stations must be considered in any meaningful penalty, both from broadcasters and, ultimately, from the public, for assessment of the information services marketplace. the expression of opinion in the electronic press. As a result, broad- casters are denied the editorial 57. In its Comments. the ACLU also attempts to downplay the discretion accorded to other journalists, and the public is a more importance of our finding that the number of signals received by deprived of vigorous marketplace of ideas, unencumbered by individual television viewers has increased substantially. In making its governmental regulation. argument, the ACLU does not question the existence of the substantial 61. In sum, the fairness doctrine in operation disserves both the growth in the number of signals available to individual television public's right to diverse sources of information and the broadcaster's households. Rather, it argues that not all of the signals of these stations interest in free expression. Its chilling effect thwarts its intended originate in the viewers' community of license. However, as we stated purpose, and it results in excessive and unnecessary government inter- in our 1985 Fairness Report, in assessing viewpoint diversity in the vention into the editorial processes of broadcast journalists. We hold, context of the fairness doctrine, "the relevant inquiry is not what therefore, that under the constitutional standard established by Red stations are licensed to a community, but rather what broadcast signals Lion and its progeny, the fairness doctrine contravenes the First [an individual] can actually receive." Viewers can obtain information Amendment and its enforcement is no longer in the public interest. on controversial issues of public importance from stations which they can receive whether or not the signal happens to originate in their C. PREFERRED CONSTITUTIONAL community. Similarly, citing the 1985 Fairness Report, the ACLU APPROACH acknowledges that the number of radio stations has increased dramati- cally. It speculates, however, that "despite the dramatic growth of 62. Our review of the Supreme Court precedent in the application of radio over the past three decades, viewpoint diversity on controversial First Amendment principles to the electronic media leads to an ines- issues of public importance may not have changed...." Specifically, it capable conclusion: throughout the development of these principles, argues that most of the increase is in FM stations which, in its view, the Supreme Court has repeatedly emphasized that its constitutional carry less controversial issue programming than their AM counter- determinations in this area of the law are closely related to the techno- parts, and that public affairs programming on radio generally has logical changes in the telecommunications marketplace. For example, decreased. We are not persuaded by these speculative contentions. To in the Red Lion decision itself, the Court indicated that advances in the contrary, we remain convinced that the dramatic growth in the technology could have an effect on its analysis of the constitutional number of both radio stations and television stations has in fact in- principles applicable to the electronic media. The Court of Appeals creased the amount of information, as well as the diversity of view- noted this in Meredith v. FCC, when it said that the Red points, available to the public in both large and small broadcast mar- "was expressly premised on the scarcity of broadcast frequencies 'in kets. We therefore reaffirm our determination in the 1985 Fairness the present state of commercially available technology' as of 1969." Report that the fairness doctrine is not necessary in any market to And in Columbia Broadcasting System, Inc. v. Democratic National ensure that the public has access to diverse viewpoints from today's Committee, the Supreme Court stated that: media outlets. Its intrusive means of interfering with broadcasters' Balancing the various editorial discretion, therefore, can no longer be characterized as nar- First Amendment interests involved in the media rowly tailored to meet a substantial government interest. broadcast and determining what best serves the pub- lic's right to be informed is a task of great delicacy and diffrcul- ty....The problems of regulation are rendered more difficult (c) Conclusion because the broadcast industry is dynamic in terms of techno- logical change; solutions adequate a decade ago are not neces- 58. As noted above, under the standard of review set forth in Red sarily so now, and those acceptable today may well be out- Lion, a governmental regulation such as the fairness doctrine is consti- moded ten years hence. tutional if it furthers the paramount interest of the public in receiving 63. The Court's most recent statement on this diverse and antagonistic sources of information. Under Red Lion, issue came in its decision in FCC v. League of Women Voters however, the constitutionality of the fairness doctrine becomes ques- of California. Acknowl- edging that certain persons, including tionable if the chilling effect resulting from the doctrine thwarts its former Chairman Mark Fowler, "charge that with the advent of cable and satellite intended purpose. Applying this precedent, we conclude that the doc- television technol- ogy, trine can no longer be sustained. communities now have access to such a wide variey of stations that the scarcity doctrine is obsolete," the Court indicated that it may 59. In the 1985 Fairness Report, we evaluated whether the fairness be willing to reassess its traditional reliance upon spectrum scarcity doctrine achieved its purpose of promoting access to diverse view- upon a "signal" from the Congress or this Commission "that techno- points. After compiling a comprehensive record. we concluded that, logical developments have advanced so far that some revision of the in operation, the fairness doctrine actually thwarts the purpose which system of broadcast regulation may be required." it is designed to achieve. We found that the doctrine inhibits broad- 64. That principles applicable to casters, on balance, from covering controversial issues of public im- the government's regulation of a rapidly changing industry such portance. As a result, instead of promoting access to diverse opinions as telecommunications should be re- visited and revised in light of technological advances is on controversial issues of public importance, the actual effect of the not an unusual proposition. Indeed, the Commission, in its task doctrine is to "overall lessen[] the flow of diverse viewpoints to the of managing an ever - changing technological and economic marketplace, has public." Because the net effect of the fairness doctrine is to reduce the responsi- bility to consider new developments rather than enhance the public's access to viewpoint diversity, it affir- in reviewing existing, and in applying new, rationales in that matively disserves the First Amendment interests of the public. This marketplace. With respect to the fairness doctrine itself, a policy that fact alone demonstrates that the fairness doctrine is unconstitutional the Commission defended before the Supreme Court in 1969, our under the standard of review established in Red Lion. comprehensive study of the telecom- munications market in the 1985 Fairness Report has convinced us that 60. Furthermore, almost two decades of Commission experience in a rationale that supported the doctrine in years past is no longer enforcing the fairness doctrine since Red Lion convince us that the sustainable in the vastly transformed, diverse market that exists today. is also doctrine constitutionally infirm because it is not narrowly Consequently, we find ourselves today compelled to reach a conclu- tailored to achieve a substantial government interest. Because the sion regarding the constitutionality of the fairness doctrine that is very

Broaocasnng Aug 10 1987 39-G MEREDITH DECISION different from the one we reached in 1969. cable systems had the capability of carrying more than 12 channels; by 1987 69 percent of all cable systems (and 92% of cable subscribers) 65. We believe that the 1985 Fairness Report, as reaffirmed and Thus, in addition to the substantial increases in the elaborated on in today's action, provides the Supreme Court had this capacity. further and in the percentage of cable referred to in League of Women Voters. It also provides absolute number of cable systems with the signal concluded that the amount of informa- the basis on which to reconsider its application of constitutional prin- subscribers, the Commission individual viewer on a single cable system had ciples that were developed for a telecommunications market that is tion available to an data contained in ACLU's comments actual- markedly different from today's market. We further believe that the increased. The statistical of this determination. Characterizing cable scarcity rationale developed in the Red Lion decision and successive ly support a reaffirmation video medium today," the ACLU states that cases no longer justifies a different standard of First Amendment as "the most dynamic million television households -- 74.7 percent of review for the electronic press. Therefore, in response to the question "iaipproximately 71 -- have access to cable television service." It raised by the Supreme Court in League of Women Voters, we believe all television households percent of all television households are actual that the standard applied in Red Lion should be reconsidered and that also notes that 47 service. It asserts further that both the availability the constitutional principles applicable to the printed press should be subscribers of that to cable television will continue to in- equally applicable to the electronic press. and number of subscribers crease. Specifically, in three years it predicts that almost 90 percent of to cable and that 54 percent 1. Basis for Reconsidering Red Lion television households will have access will subscribe to it. 66. In the 1985 Fairness Report, the Commission examined, in a the contributions of a comprehensive manner, the number and types of outlets currently 70. In addition, the Commission evaluated technologies unavailable at the time of the providing information to the public, including the traditional broad- number of new electronic low power television, MMDS, video cast services, the new electronic sources, and the print media. The Red Lion decision, including ( "VCRs "), and satellite master antenna systems Commission found in recent years that there had been an explosive cassette recorders ( "). It found that each of these new services also were con- growth in both the number and types of outlets providing information "SMATV to the diversity of information available to the to the public. Hence, the Supreme Court's apparent concern that tributing significantly of a number of additional information listeners and viewers have access to diverse sources of information has public. Noting the development determined that there were a number of now been allayed. technologies, the Commission other electronic services, such as direct home to satellite services, 67. With respect to the number of radio stations, the Commission satellite news gathering, subscription television, FM radio subcar- demonstrated that in 1985 there were 9,766 radio stations nationwide, riers, teletext, videotext and home computers "have the potential of a 48 percent increase in radio stations overall since the date of the becoming substitute information sources in the marketplace of ideas." Supreme Court's decision in Red Lion and a 30 percent increase in the Some of these technologies, such as teletext and videotext, are begin- number of radio stations since the 1974 Fairness Report. As stated ning to merge characteristics of the electronic media with those of the above, that number now stands at 10,128 a 54% increase since the print media, further complicating the choice of an appropriate consti- 1969 Red Lion decision. The Commission also concluded in the 1985 tutional standard to be applied to their regulation. Fairness Report that the growth in FM stations, in particular, had been none of the commenters in this proceeding has dramatic. Specifically, the Commission found that this service had 71. As noted above, data contained in the 1985 Fairness Report increased by 113 percent since the Red Lion decision and by 60 challenged the underlying dramatic increase in the number and types of percent since the 1974 Fairness Report. Further, the Commission with respect to the to the public. For instance, ACLU's found "of particular significance" the fact that the number of radio alternative technologies available data demonstrate the soundness of our determination that the voices in each local market had grown. With continuing technological own outlets has exploded and that cable television has advances in spectrum efficiency, the Commission predicted that the number of broadcast information source. In its Comments, the number of radio outlets would continue to increase. evolved into a significant ACLU also asserts that in the short period of time since the 1985 68. With respect to television stations, the Commission documented Fairness Report, the number of low power television stations has that in 1985 the number of television stations overall was 1,208, an increased by 12 percent from 341 stations to 383 stations. increase of 44.3 percent since the Red Lion decision and 28 percent the dramatic changes in the electronic media, since the 1974 Fairness Report. And that number has increased to 72. We believe that chilling effect resulting from the imple- 1,315 today, a 57% increase since the 1969 Red Lion decision. The together with the unacceptable the fairness doctrine, form a compel- Commission also found in the 1985 Fairness Report the growth in mentation of such regulations as basis on which to reconsider First Amendment UHF stations in particular to have been even more dramatic than the ling and convincing for another market. Today's telecom- overall growth in television stations: the number of UHF stations principles that were developed offers individuals a plethora of information out- increased by 113 percent since the Red Lion decison and 66.4 percent munications market access on a daily basis. Indeed, this market is since the 1974 Fairness Report. The Commission found further that lets to which they have from even that offered by the daily print media. the growth in has directly resulted in a signifi- strikingly different broadcast stations nationwide, recent evidence cant increase in the number of signals available to individual viewers While there are 11,443 there are only 1,657 daily newspapers overall. On a in both the larger and smaller markets. Specifically, without the en- indicates that has access to five or more television hancing capability of cable television. the Commission determined local level, 96% of the public cities have two or more local newspapers. that 96 percent of the television households receive five or more stations, while only 125 town is becoming an increasing phenomenon. television signals. In 1964, only 59 percent of these households were The one -newspaper Supreme Court's statements on the relationship able to receive five or more stations. With the growth of UHF televi- Our review of the principles and technological developments sion, the increase in the importance of independent television and the between constitutional it would now be appropriate for the Supreme development of new program distribution systems among group own- leads us to conclude that ers, the Commission also found that the structure of the medium had Court to reassess its Red Lion decision. become more competitive. 2. The Scarcity Rationale 69. Although the Commission found that the number of radio and 73. Certain parties, taking the position that the basis underlying the television outlets alone ensured that the public had access to diverse scarcity rationale in Red Lion is either illogical or anachronistic, assert sources of information in each broadcast market (large and small), it that the appropriate constitutional test to assess content -based regula- also found that cable television, which had increased exponentially tions of the electronic media is the one enunciated for the print media. during the period from 1969 to 1985, had enhanced significantly the These commenters point to the explosive growth in the number and amount of information available to the public. Since the 1974 Fairness types of information sources in support of their assertion that the Report, the Commission demonstrated that the number of persons scarcity doctrine is no longer viable. Other commenters, in contrast, subscribing to cable television had increased by 345 percent and the state that the general standards of First Amendment jurisprudence number of cable systems had increased by Ill percent. Based upon its applied by the Court in cases not involving broadcast regulation are assessment of the marketplace, the Commission predicted that cable irrelevant in determining whether the fairness doctrine and other con- television would continue to expand in the future. It determined fur- tent -based regulations are constitutional. They assert that the increase ther that there had been a significant change in the nature of cable in the number and types of information sources has nothing to do with service, as the number of channels available to individual subscribers the existence of scarcity in the constitutional sense, and emphasize is in had increased dramatically. For example, in 1969 only 1 percent of all that the appropriate standard of review that applied by the Court

Broadcasting Aug 10 1987 39-H MEREDITH DECISION

Red Lion and its progeny specifically relating to broadcast regulation. afforded to the uses of that good. These parties describe two different notions of scarcity -- numerical scarcity and spectrum (or allocational) scarcity. We do not believe that 79. In the allocation of broadcast frequencies, the government has any scarcity rationale justifies differential First Amendment treatment relied, for the most part, on a licensing scheme based on administra- of the print and broadcast media. tive hearings to promote the most effective use of this resource. Congress has also authorized the allocation of frequencies through the 74. As stated above, we no longer believe that there is scarcity in the use of lotteries. Moreover, although the government allocates broad- number of broadcast outlets available to the public. Regardless of this cast frequencies to particular broadcast speakers in the initial licensing conclusion, however, we fail to see how the constitutional rights of stage, approximately 71% of today's radio stations and 54% of today's broadcasters -- and indeed the rights of the public to receive informa- television stations have been acquired by the current licensees on the tion unencumbered by government intrusion -- can depend on the open market. Hence, in the vast majority of cases, broadcast frequen- number of information outlets in particular markets. Surely, a require- cies are "allocated" -- as are the resources necessary to disseminate ment of multiple media outlets could not have formed the basis for the printed speech -- through a functioning economic market. Therefore, framers of the First Amendment to proscribe government interference after initial licensing, the only relevant barrier to acquiring a broadcast with the editorial process. At the time the First Amendment was station is not governmental, but -- like the acquisition of a newspaper - adopted, there were only eight daily newspapers, seventy weekly - is economic. newspapers, ten semi- weekly newspapers and three tri- weekly news- papers published in America. 80. Additionally, there is nothing inherent in the utilization of the licensing method of allocation that justifies the government acting in a 75. Because there is no longer a scarcity in the number of broadcast manner that would be proscribed under a traditional First Amendment outlets, proponents of a scarcity rationale for the justification of di- analysis. In contexts other than broadcasting, for example, the courts minished First Amendment rights applicable to the broadcast medium have indicated that, where licensing is permissible, the First Amend- must rely on the concept of spectrum (or allocational) scarcity. This ment proscribes the government from regulating the content of fully concept is based upon the physical limitations of the electromagnetic protected speech. There are those who argue that the acceptance by spectrum. Because only a limited number of persons can utilize broad- broadcasters of government's ability to regulate the content of their cast frequencies at any particular point in time, spectrum scarcity is speech is simply a fair exchange for their ability to use the airwaves said to be present when the number of persons desiring to disseminate free of charge. To the extent, however, that such an exchange allows information on broadcast frequencies exceeds the number of available the government to engage in activity that would be proscribed by a frequencies. Consequently, these frequencies, like all scarce re- traditional First Amendment analysis, we reject that argument. It is sources, must be allocated among those who wish to use them. well -established that government may not condition the receipt of a 76. In fact, spectrum scarcity was one of the bases articulated by the public benefit on the relinquishment of a constitutional right. The evil Court in Red Lion for the disparate treatment of the broadcast and the of government intervention into the editorial process of the press print media. Reliance on spectrum scarcity, however, "has come under (whether print or electronic) and the right of individuals to receive increasing criticism in recent years." For example, the Court of Ap- political viewpoints unfettered by government interference are not peals has recently questioned the rationality of spectrum scarcity as changed because the electromagnetic spectrum (or any other resource the basis for differentiating between the print and broadcast media. In necessary to convey expression) is scarce or because the government TRAC v FCC, the Court asserted that: (in conjunction with the marketplace) allocates that scarce resource. Indeed, the fact that government is involved in licensing is all the [T]he line drawn between the print media and the broadcast more reason why the First Amendment protects against government media, resting as it does on the physical scarcity of the latter, is control of content. a distinction without a difference. Employing the scarcity con- cept as an analytic[al] tool...inevitably leads to strained reason- 81. On the other hand, the fact that government may not impose ing and artificial results. unconstitutional conditions on the receipt of a public benefit does not It is certainly true that broadcast frequencies are scarce but it preclude the Commission's ability, and obligation, to license broad- is unclear why that fact justifies content regulation of broad- casters in the public interest, convenience and necessity. The Commis- casting in a way that would be intolerable if applied to the sion may still impose certain conditions on licensees in furtherance of editorial process of the print media. All economic goods are this public interest obligation. Nothing in this decision, therefore, is scarce, not least the newsprint. ink, delivery trucks, computers, intended to call into question the validity of the public interest stan- and other resources that go into the production and dissemina- dard under the Communications Act. tion of print journalism....Since scarcity is a universal fact, it 82. Rather, we simply believe that, in analyzing the appropriate First can hardly explain regulation in one context and not another. Amendment standard to be applied to the electronic press, the concept The attempt to use a universal fact as a distinguishing principle of scarcity -- be it spectrum or numerical -- is irrelevant. As Judge necessarily leads to analytical confusion. Bork stated in TRAC v FCC, "Since scarcity is a universal fact, it can We agree with the court's analysis of the spectrum scarcity ratio- hardly explain regulation in one context and not another. The attempt nale, and we believe that it would be desirable for the Supreme Court to use a universal fact as a distinguishing principle necessarily leads to to reconsider its use of a constitutional standard based upon spectrum analytical confusion." Consequently, we believe that an evaluation of scarcity in evaluating the intrusive type of content -based regulation at First Amendment standards should not focus on the physical differ- issue in this proceeding. ences between the electronic press and the printed press, but on the functional similarities between these two media and upon the underly- 77. At the outset, we note that the limits on the number of persons ing values and goals of the First Amendment. We believe that the who can use frequencies at any given time is not absolute, but is, in function of the electronic press in a free society is identical to part, economic: greater that of expenditures on equipment and/or advances in the printed press and that, therefore, the constitutional analysis of technology could make it possible to utilize the spectrum more effi- government control of content should be no different. 2 With this in ciently in order to permit a number greater of licensees. So the number mind, we return to the Red Lion decision and consider its divergence of outlets in a market is potentially expandable, like the quantities of from traditional First Amendment precepts protecting the role most of the other resources. press in a democratic society. 78. Nevertheless, we recognize that technological advancements 3. Divergence of Red Lion from Traditional and the transformation of the telecommunications market described above have not eliminated spectrum scarcity. All goods, however, are First Amendment Precepts ultimately scarce, and there must be a system through which to allo- 83. We believe that the articulation of lesser First Amendment rights cate their use. Although a free enterprise system relies heavily on a system of property rights and voluntary exchange to allocate most of 2 There are those who argue these goods, that the content of broadcasters' speech may be other methods of allocation, including first-come-first- regulated by the government because of the impact that broadcasters can have on served, administrative hearings, lotteries, and auctions, are or have listeners and viewers. These proponents contend that broadcasting is a tar more been relied on for certain other goods. Whatever the method of alloca- powerful means of communication than the printed press, and, therefore, the public tion, there is not any logical should be protected from those who use the broadcast medium. VVé will assume for connection between the method of alloca- the sake of argument that broadcasters have tion for a particular good and greater "impact" than their counter- the level of constitutional protection parts in the print media, but we nevertheless reject the impact argument. We do not

Broadcasting Aug 10 1987 39-1 MEREDITH DECISION for broadcasters on the basis of the existence of scarcity, the licensing mission explained that: of broadcasters, and the paramount rights of listeners departs from th[e] [doctrine's] affirmative use of government power to traditional First Amendment jurisprudence in a number of respects. expand broadcast debate would seem to raise a striking para- Specifically, the Court's decision that the listeners' rights justifies dox, for freedom of speech has traditionally implied an absence government intrusion appears to conflict with several fundamental of governmental supervision or control. Throughout most of principles underlying the constitutional guarantee of free speech. our history, the principal function of the First Amendment has 84. First, this line of decisions diverges from Supreme Court pro- been to protect the free marketplace of ideas by precluding nouncements that "the First Amendment 'was fashioned to assure governmental intrusion. and unfettered interchange of ideas for the bringing about of political 88. The Red Lion decision also is at odds with the well- established social changes desired by the people. " The framers of that Amend- precept that First Amendment protections are especially elevated for the free ment determined that the best means by which to protect speech relating to matters of public concern, such as political speech exchange of ideas is to prohibit any governmental regulation which and other matters of public importance. Indeed, the Supreme Court, in "abridg[es] the freedom of speech or of the press." They believed that the context of broadcast regulation, recently stated that the expression the marketplace of ideas is too delicate and too fragile to be entrusted of opinion on matters of public concern is "entitled to the most exact- to governmental authorities. ing degree of First Amendment protection." The Court has recognized 85. In this regard, Justice Potter Stewart once stated that "[t]hose that this type of speech is " indispensible to decisionmaking in a de- who wrote our First Amendment put their faith in the proposition that mocracy." As the Court has stated, "speech concerning public affairs is is Be- a free press is indispensable to a free society. They believed that more than self-expression; it the essence of self-government." 'fairness' was far too fragile to be left for a government bureaucracy to cause it is the people in a democratic system who "are entrusted with accomplish." In the same vein, Justice has stated that: the responsibility for judging and evaluating the relative merits of conflicting arguments," the "[ g]ovemment is forbidden to assume the or even responsi- Of course, the press is not always accurate, task of ultimate judgment, lest the people lose their ability to govern on important public ble, and may not present full and fair debate themselves." issues. But the balance struck by the First Amendment with respect to the press is that society must take the risk that occa- 89. The type of speech regulated by the fairness doctrine involves sionally debate on vital matters will not be comprehensive and opinions on controversial issues of public importance. This type of that all viewpoints may not be expressed....Any other accom- expression is "precisely that...which the Framers of the Bill of Rights modation -- any other system that would supplant private con- were most anxious to protect -- speech that is 'indispensible to the trol of the press with the heavy hand of government intrusion -- discovery and spread of political truth'...." Yet, instead of safeguard- would make the government the censor of what the people may ing this type of speech from regulatory intervention, the doctrine read and know. anomalously singles it out for governmental scrutiny. that: Indeed, the Supreme Court has often emphasized 90. Further, the Red Lion decision cannot be reconciled with well - The freedom of speech and of the press guaranteed by the established constitutional precedent that governmental regulations di- Constitution embraces at the least the liberty to discuss publicly rectly affecting the content of speech are subjected to particularly strict and truthfully all matters of public concern without previous scrutiny. The Supreme Court has emphasized that "[i]f the marketplace restraint or fear of subsequent punishment. of ideas is to remain free and open, governments must not be allowed to choose 'which issues are worth discussing or debating.... "' As First Amendment is that gov- Consequently, a cardinal tenet of the noted above, enforcement of the fairness doctrine not only forces the the marketplace of ideas of the sort involved ernmental intervention in government to decide whether an issue is of "public importance," but the fairness doctrine is not acceptable and in the enforcement of also whether the broadcaster has presented "significant" contrasting should not be tolerated. viewpoints. Unorthodox minority viewpoints do not receive favored 86. The fairness doctrine is at odds with this fundamental constitu- treatment as do their "significant" counterparts. As the Court recently tional precept. While the objective underlying the fairness doctrine is asserted, "[r]egulations which permit the Government to discriminate that of the First Amendment itself -- the promotion of debate on on the basis of the content of the message cannot be tolerated under the important controversial issues -- the means employed to achieve this First Amendment." is the very one which the First objective, government coercion, 91. The difference in the Red Lion approach becomes apparent when As the Supreme Court has noted, Amendment is designed to prevent. considering the validity of the fairness doctrine. The fairness doctrine to enter the marketplace of ideas from "By protecting those who wish indisputably regulates the content of speech. Like the statute invali- attack, the First Amendment protects the public's inter- governmental dated in FCC v. League of Women Voters of California, "enforcement Yet the fairness doctrine uses govern- est in receiving information." authorities must necessarily examine the content of the message that is diversity of viewpoints, while the ment intervention in order to foster conveyed to determine whether the views expressed concern 'contro- the framers of our Constitution forbids govern- scheme established by versial issues of public importance." Yet even in the League case, the for fear that it will stifle robust debate. In this sense, ment intervention Court applied a standard that the regulation be narrowly tailored to rationale of the fairness doctrine turns the First Amend- the underlying achieve a substantial government interest, a standard traditionally ment on its head. reserved for content -neutral regulations. In contrast, a traditiònal First 87. Indeed, even when approving the doctrine in the 1974 Fairness Amendment analysis would require a content -based regulation, such Report, the Commission recognized the anomaly of a policy which as the fairness doctrine, to be a "precisely drawn means of serving a purports to further First Amendment values by the very mechanism compelling state interest." Even under a traditional approach, there- proscribed by that constitutional provision. In that Report, the Corn- fore, content -based regulations are not necessarily invalid, but they are subject to a much higher standard of review than the one applicable believe that the expression of speech may be regulated by government. consistent to the broadcast media. with the First Amendment, on the basis of the effectiveness of that expression. Cf. First National Bank of Boston v Bellotti, 435 U.S. 765 (1978): Buckley v Valeo, 424, 92. Because the dissemination of a particular viewpoint by a broad- Amendment counsels the exact U.S. 1 (1975). In fact, the rationale of the First caster can trigger the burdens associated with broadcasting responsive the greater the effectiveness of certain speech, the more rea- opposite conclusion: penalizes -- through the prospect son, given the First Amendments presumption against government control of the programming, the doctrine directly press, why government should be prohibited from interfering with the ideas con- or reality of government intrusion -- the speaker for expressing his or veyed by such speech. her opinion on a matter of public concern. For even if the broadcaster This conclusion was supported by Justice William O. Douglas. who aptly stated in has, in fact, presented contrasting viewpoints, the government, at the Columbia Broadcasting System, Inc. v Democratic National Committee. 412 U.S. at request a complainant, may nevertheless question the broadcaster's 152 n.3: of presentation, which in and of itself is a penalty for simply covering an the country-except the proponents of the The implication that the people of issue of public importance. theory-are mere unthinking automatons manipulated by the media, without interests, conflicts. or prejudices is an assumption which I find quite madden- 93. In this regard, we note that sound journalistic practice already ing. The development of constitutional doctrine should not be based on such a hysterical overestimation of media power and underestimation of the good encourages broadcasters to cover contrasting viewpoints on topic of sense of the American public. controversy. The problem is not with the goal of the fairness doctrine, it is with the use of government intrusion as the means to achieve that See also 1985 Fairness Doctrine. 102 FCC 2d at 221 -25.

Broadcasting Aug 10 1987 39-J

MEREDITH DECISION goal. With the existence of a fairness doctrine, broadcasters who tially hostile views burdens the expression of views...and risks forc- intend to, and who do in fact, present contrasting viewpoints on ing [the utility] to speak where it would prefer to remain silent" controversial issues of public importance are nevertheless exposed to irrespective of who is deemed to own this extra space. over the exercise their potential entanglement with the government of 97. We believe that the role of the electronic press in our society is editorial discretion. Consequently, these broadcasters may shy away the same as that of the printed press. Both are sources of information from extensive coverage of these issues. We believe that, in the and viewpoint. Accordingly, the reasons for proscribing government absence of the doctrine, broadcasters will more readily cover contro- intrusion into the editorial discretion of print journalists provide the versial issues, which, when combined with sound journalistic prac- same basis for proscribing such interference into the editorial discre- tices, will result in more coverage and more diversity of viewpoint in tion of broadcast journalists. The First Amendment was adopted to the electronic media; that is, the goals of the First Amendment will be protect the people not from journalists, but from government. It gives enhanced by employing the very means of the First Amendment: the people the right to receive ideas that are unfettered by government government restraint. interference. We fail to see how that right changes when individuals the electronic media instead of the print 94. Finally, we believe that under the First Amendment, the right of choose to receive ideas from media is powerful and that viewers and listeners to receive diverse viewpoints is achieved by media. There is no doubt that the electronic speech. But the framers of the guaranteeing them the right to receive speech unencumbered by gov- broadcasters can abuse their freedom of private freedoms ernment intervention. The Red Lion decision, however, apparently Constitution believed that the potential for abuse of the potential for abuse by a views the notion that broadcasters should come within the free press posed far less a threat to democracy than the press. We concur. We and free speech protections of the First Amendment as antagonistic to government given the power to control protections against con- the interest of the public in obtaining access to the marketplace of therefore believe that full First Amendment apply equally to the electronic and the printed ideas. As a result, it is squarely at odds with the general philosophy tent regulation should underlying the First Amendment, i.e., that the individual's interest in press. free expression and the societal interest in access to viewpoint diversi- ty are both furthered by proscribing governmental regulation of Iv. Conclusion speech. The special broadcast standard applied by the Court in Red v. "remand[ed) the case to the Lion, which sanctions restrictions on speakers in order to promote the 98. The court in Meredith Corp. FCC constitutional argu- interest of the viewers and listeners, contradicts this fundamental FCC with instructions to consider [Meredith's] directive, we find that the fairness constitutional principle. ments." In response to the court's doctrine chills speech and is not narrowly tailored to achieve a sub- stantial government interest. We therefore conclude, under existing 4. First Amendment Standard Supreme Court precedent, as set forth in Red Lion and its progeny, that Applicable to the Press the fairness doctrine contravenes the First Amendment and thereby interest. We have reached these determinations 95. Under a traditional First Amendment analysis, the type of gov- disserves the public and searching deliberation. We believe, ernmental intrusion inherent in the fairness doctrine would not be only after the most careful presented in the recent fairness inquiry and tolerated if it were applied to the print media. Indeed, in however, that the evidence the in this proceeding leads inescapably to these conclusions. Publishing Co. v. Tornillo, the Supreme Court struck down, on First record taken an oath to support and Amendment grounds, a Florida statute that compelled a newspaper to Each member of this Commission has as the court in Meredith v print the response of a political candidate that it had criticized. Invok- defend the United States Constitution and, policy that the Corn- ing a purpose strikingly similar to the fairness doctrine, FCC stated, "to enforce a Commission -generated may well constitute a viola- attempted to justify the statute on the grounds that the "government mission itself believes is unconstitutional we determine that the editorial has an obligation to ensure that a wide variety of views reach the tion of that oath." As a consequence, the editorial advertisements at public." The Court reasoned that the mechanism employed by the state decision of station WTVH to broadcast is an action protected by the First Amend- in implementing this objective, however, was "governmental coer- issue in this adjudication Accordingly, we reconsider our cion," and thus contravened "the express provisions of the First ment from government interference. and conclude that the Constitution Amendment and the judicial gloss on that Amendment developed over prior determinations in this matter doctrine against station WTVH. the years." The Court also found that a governmentally imposed right bars us from enforcing the fairness of reply impermissibly "intrud[ed] into the function of editors." In 99. We further believe, as the Supreme Court indicated in FCC v addition, the Court stated that the inevitable result of compelling the League of Women Voters of California, that the dramatic transforma- press "to print that which it would not otherwise print" would be to tion in the telecommunications marketplace provides a basis for the reduce the amount of debate on governmental affairs: Court to reconsider its application of diminished First Amendment Despite the physical differences Faced with the penalties that would accrue to any newspaper protection to the electronic media. their roles in .our society are that published news or commentary arguably within the reach between the electronic and print media, First Amendment principles of the right -of- access statute, editors might well conclude that identical, and we believe that the same This is the method set forth in the safe course is to avoid controversy. Therefore, under the should be equally applicable to both. interest; and furthering the operation of the Florida statute, political and electoral coverage our Constitution for maximizing the public under the Communications would be blunted or reduced. Government -enforced right of public interest is likewise our mandate interest that we advocate access inescapably "'dampens the vigor and limits the variety of Act. It is, therefore, to advance the public public debate. ' these rights for broadcasters. Also, the fact that a newspaper could simply add to its length did not 100. ACCORDINGLY, IT IS ORDERED, that the Motion for Leave dissuade the Court from concluding that the access requirement would to File Comments Out -of -Time of the American Civil Liberities Union improperly intrude into the editorial discretion of the newspaper. and the Motion to Submit Late -Filed Comments filed by the Safe GRANTED. 96. Relying on Tornillo, the Court, in Pacific Gas & Electric Co. v. Energy Communication Council ARE Public Utilities Commission of California, recently determined that a 101. IT IS FURTHER ORDERED, that the Motion for Leave to File state administrative order requiring a utility to place the newsletter of Supplement of Meredith Corporation IS GRANTED and the supple- its opponents in its billing envelopes contravened the First Amend- ment IS ACCEPTED. ment. "[B]ecause access was awarded only to those who disagreed IT IS FURTHER ORDERED, that the Petition for Reconsider- with [the utility's] views and who are hostile to [the utility's] inter- 102. filed by Meredith Corporation IS GRANTED to the extent ests," Justice Lewis Powell, in the plurality opinion, expressed con- ation herein, and the Order adopted October 26, 1984 IS VACAT- cern that "whenever [the utility] speaks out on a given issue, it may be indicated forced...to help disseminate hostile views." As a consequence, the ED. regulation had the effect of reducing the free flow of information and 103. IT IS FURTHER ORDERED, that the complaint of the Syra- ideas that the First Amendment seeks to promote. In evaluating the cuse Peace Council IS DENIED. First Amendment rights to be free from governmentally-co- utility's 104. IT IS FURTHER ORDERED, that this proceeding IS TERMI- the plurality expressly stated that it was irrelevant that erced speech, NATED. the ratepayers, rather than the utility, owned the extra space in the billing envelopes. It asserted that the "forced association with poten- FEDERAL COMMUNICATIONS COMMISSION

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Suit over false start The short of it generate an enormous quantity of business news from around the world every CBS Records has filed a lawsuit in Superior Financial News Network (FNN), New York hour.... We can easily repackage that Court of Hudson County, N.J., against Mal - and Los Angeles, is planning a short-form, news material for radio," he said. rite's top- rated, contemporary hit WHTZ(FM) national business radio network to comple- Weaver told BROADCASTING that some ad- New York (licensed to Newark, N.J.), after ment its existing cable channel, Michael ditional staffers will be added to FNN for its the station aired singer Michael Jackson's Weaver, FNN senior vice president and gen- new radio service. However, he said a deter- new single, "I Can't Stop Loving You," two eral manager, said last week. Weaver added mination on whether to use existing FNN days before its official release date. Accord- that FNN is considering proposals from oth- anchors or new anchors for radio had not yet ing to CBS Records, WHTZ played the Jack- er radio networks as partners in the new been made. The FNN radio service would son song on July 20 when it was distributed venture, but he declined to name the net- compete with the already- established Wall to stations for airing on July 22. CBS is seek- works. The proposals primarily involved pro- Street Journal Report produced by Dow ing compensatory and punitive damages gram distribution and station clearance ar- Jones & Co. from WHTZ (no amount was cited), claiming rangements. that, among other things, the station's move Called FNN's Business Headline News, the Taken to task proposed satellite- delivered radio network could hinder relations between the record WGST(AM) Atlanta has come under two- minute business News /talk company and other radio stations. (The service would deliver for Fairness in Media and financial news updates every hour from fire from the Coalition Jackson single is on the Epic label, which is over controversial midday (1 -4 drive time on the East Coast through the station's part of the CBS Records Group.) a.m. p.m.) talk host, Ed Tyll. The group said p.m. drive time on the West Coast (about 16 show "We feel we are being singled out be- it was formed to protest "shock radio" pro- cause of our visibility in the industry," said hours). It is being targeted for AM stations. "The network could be launched by the graming. WHTZ Vice President and General Manager when Tyll referred beginning of 1988, once FNN's radio pro- The controversy began Dean Thacker. "WHIZ is not the first station (D as a graming distribution is assured in most of to Representative John Lewis -Ga.) to play a record early or the only one to play air last month after the con- this record [the new Jackson early," the top 50 markets," Weaver said. "As the "moron" on the single) by Ty ll. After he said. only business television network, we can gressman was interviewed interviewing Senator Wyche Fowler (D -Ga.) the following day, and reportedly not letting him finish his comments, Tyll said: "I can't stand illiterates. I am not going to stand here Class A FM and talk to a moron like John Lewis. I am not going to stand here and have Wyche Fowler Power or or John Lauer [the sta- New tion's vice president and general manager] or anybody tell me how to do the show." Tyll later added that Lewis, who is black, sound- Filament voltage regulator ed like "Buckwheat out of the Little Rascals." Automatic SWR circuit protection The talk show host was suspended without SWR output power foldback pay for 10 days (seven working days). He True RMS filament voltage metering resumed his broadcast schedule after pri- 2/4-shot automatic overload recycle vately apologizing to CFM and publicly Automatic RF power output control apologizing over the air. AC power failure recycle The coalition, which includes the Ameri- Remote control interface can Jewish Committee, the Atlanta SCR power control Black/Jewish Coalition, the NAACP, and Christian Leadership Confer- Internal diagnostics 40 9arsi the Southern 1,6 ence, issued a statement that said in part: Solid -state IPA in 9(7 L%,0drom. "While we acknowledge the apology, it does not in and of itself absolve WGST's decision to return Tyll to the air almost immediately. 5,000 watts FM By this act, what message is WGST sending is out to the community? This style of broad- Continental's NEW 815A FM signal. The harmonic filter casting breeds racism, polarization and transmitter is totally solid- state, contained in the 815A for easy serves no positive community good....We except for a 40(3500A in the final installation. Call your local hold WGST, its management and staff re- amplifier. An 802A exciter is on Continental Sales Manager for sponsible for this diverse form of program- WGST with this coali- a clean, crisp complete information. ing and invite to join board to deliver tion and all people of good will to help build a 'city too busy to hate." Said WGST's Lauer: "We felt our suspen- w sion [of Tyll] was the proper punishment for LLa.L E[.ec o i the deed. We look forward to working with Po Boa 270879 Dallas. Texas 75227 Ph: 12141381 -7161 Telex: 73-398 varian 4 IMision d Varian Associates. Inc. the coalition...I think something very posi- tive can come out of this situation." Lauer studio & RF equipment 01987 Continental Electronics/6388 Transmitters: 1 to 50 kW AM and to 70 kW FM FM antennas, said that thus far, he has met with various Continental: For a Sound Investment members of the coalition on three occa- sions.

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,527 E. Liberty, Suite 201 Ann Arbor Michigan 48104 313 -662 -5700 CBS and ABC on tour in L.A. Networks spell out news and programing plans for press

CBS President Laurence Tisch last week de- fended the layoffs of 215 CBS News staffers in March, saying "nobody was hurt in the process. That's the most important thing to understand, that people were treated very, very well in the process." The network's chief executive officer, ap- pearing at the press tour, said the layoffs were "overblown" by the press since the head count included "a lot of part time peo- ple." He noted CBS's pension plan and sev- erance pay "are the finest in the country." Both Tisch and Gene E. Jankowski, presi- dent of the CBS /Broadcast Group, pro- Poltrack says NBC will get run for ject to negotiation. He said he did not want claimed the massive layoffs at the network to Thursday nights; says Fox numbers to tip off the competition since "television is be over. "I am satisfied with the level of are 'unusually low' the highest form of imitation." personnel at CBS News," Tisch said, adding NBC's Thursday night lineup will suffer a The network's news chief dismissed ru- the cuts had nothing to do with the CBS 20% drop -off in viewership this fall. said mors that he is searching for a co- anchor to Evening News ratings problems. David Poltrack, vice president of research work with Dan Rather, and denied specula- Jankowski labeled as unfair the heat Tisch for CBS -TV, in remarks last week before the tion that negotiations are under way for 60 took for the layoffs. The plan to trim $30 nation's television press. Minutes correspondent Diane Sawyer to million from the news budget had been in the Poltrack stopped short of saying CBS have some role on the Evening News. works since before Tisch's arrival and was would overtake the number-one rated NBC, He said he is considering using New York due to the massive growth in the news bud- but predicted NBC's numbers would be Times columnist Bill Geist, who was hired get-from $78 million in 1978 to $300 mil- down "considerably this season making for a last week as a commentator for the Sunday lion in 1986. "Larry came in and gave us much closer network race." Morning program, some muscle to get something done," he The CBS research chief also took on the commentary for the CBS Evening News. said. Fox Broadcasting Co., saying its season -to- The CBS News brass reportedly want to see Tisch said Dan Rather's editorial in the date averages are unusually low -3.7 on how Geist performs in his new role first. New York Times lamenting the cuts "should Saturdays and 3.6 on Sundays. "They do not Stringer likened the format changes to be taken with a grain of salt" because Rather have one single program showing any real giving the program "a fresh coat of paint." was referring to what he thought might hap- growth, despite network rerun competi- He noted, however, that "we're not going to pen. tion." he said. do anything silly .... You're not going to The executives also revealed that two "They have been selling a six rating guar- see a weatherman on the Evening News." writers is studies should be completed in the next three antee for supposedly $40,000 for 30- second Stringer told the television there months-one on the impact of audience ero- announcements," he said. "I don't believe it. no "quick fix" to improve the newscast's rat- sion and another on the future of the CBS If they are, they are significantly mortgaging ings. "We're somewhat confused by the rat- Broadcast Center in New York, which could their future. They will probably have to keep ings picture," he said. Nielsen's people me- in lose two Procter & Gamble daytime serials. The Late Show on just to pay off advertiser ter sample data shows CBS first place, according to Stringer. In addition, Nielsen's Tisch addressed the network's plans to make -goods." Responding to the criticism, a Fox offi- May sweeps book gives CBS News anchor buy stations, saying CBS can buy three sta- Dan Rather a one -million -home lead over tions in top -20 markets and stay within the cial, who asked not to be identified. said, You would be hard pressed to find an affili- NBC, he added. FCC's 25% coverage limit. Tisch said top -20 In the prime time daypart, Stringer said station prices are too high, but added that ate or advertiser who is unhappy with Fox's competitive prospects for the future." West 57th (which recently won a permanent since there are no pending deals "that's usu- spot on the fall schedule at 10 p.m. Satur- ally a forerunner of a drop in prices." Stringer says fall facelift planned for days) has consistently improved on its lead - CBS, along with ABC, came under criti- 'CBS Evening News' but dismisses .n. "As long as it demonstrates growth, I cism recently from NBC Entertainment rumors of co- anchor for Rather hink it will be fine," Stringer said. "It's an President Brandon Tartikoff for putting on inexpensive show [and] has enormous profit failed pilots in the summer months that have The CBS Evening News, which has been received less than a 10 rating. The practice, struggling in the ratings, will have a differ- he said, could spill over into the fall and ent look next month when the new fall sea- cause further audience erosion. son begins, CBS News President Howard But CBS Entertainment President Bud Stringer said during last week's press tour. Grant cited figures in an effort to show that "I'm damned if I'm going to roll over and NBC is not faultless in the audience erosion play dead and say, 'Yes, it's all over,' " equation. For the summer season from April Stringer said. If he followed that thinking, 20 to Aug. 2, he said CBS dropped from an he said, "it will be a self-fulfilling proph- 11.7 average last year to an 11.5 this year; ecy." CBS made no movement, with a 13.4 aver- Stringer was reluctant to discuss any age both last summer and this summer, and changes, other than to call some "substan- ABC dropped from an 11.9 to a 10.2. tial," others "cosmetic" and some still sub- Stringer

Broadcasting Aug 10 1987 52 WM Holdings, Inc. Sky Broadcasting Corporation an affiliate of has acquired Gillett Group, Inc. has acquired WCZY AM /FM Detroit. Michigan WTVT-TV, the CBS Affiliate from Tampa, Florida from Gannett Broadcasting Group Gaylord Broadcasting Co. Division of Gannett Co. Inc. for for approximately $365,000,000 $16,000,000 The undersigned initiated the transaction and acted as exclusive agent to Gillett Group, Inc. The undersigned assisted in the negotiations and acted as financial to a principal shareholder of WTVT Holdings, Inc. advisor Sky Broadcasting Corporation in this transaction.

The Broadcast/Media Group of The Broadcast/Media Group of lir - I. -

VIII IJ ',II =- ill U =------A JESUP & LAMONT '1' JESI P it LAMONT Securities Co., Inc. S curitics Co.. Inc.

$40,700,000 Sky Broadcasting Corporation We are pleased to announce that the following professionals have joined $32,700,000 Senior Notes due 1994 The Broadcast /Media Group

$8,000,000 James E. III Subordinated Notes and Doyle, Preferred Stock due 1997 Senior Vice President

The undersigned arranged the private placement of these securities. Evan D. Ladouceur Vice President The Broadcast/Media Group of 1 IrIllprIP' A ul = r JESUP & LAMONT Ii JESUP it LAMONT Securities Co.; Inc. Securities Co., Inc. August 10, 1987

The above transactions were arranged by the Broadcast /Media Group of Jesup & Lamont, headed by John E. Palmer, Managing Director. The Broadcast /Media Group services the financial and merger and acquisition needs exclusively of television, radio, cable and media clients. I. JESUP & LAMONT Securities Co., Inc. Est. 1877 360 Madison Avenue, NewYork, N.Y. 10017 (212) 907 -0100 potential." 8 -9 p.m. (special hour debut in its new time staff, the national economy and a cost -cut- At an earlier session with critics, 60 Min- slot against Murder, She Wrote); Private ting internal reorganization for improving utes executive producer Don Hewitt criti- Eye, 9-11 p.m. (two -hour movie premiere). the division's financial performance. cized NBC for not sticking with a prime time On Sept. 20, My Two Dads debuts at 8:30 -9 But 1988 could prove tougher, Swanson news magazine show. "I never understood p.m. admitted. ABC will have the baseball play- how they could go to the well so many times On Wednesday, Sept. 16, NBC will debut offs but no World Series, and the winter and not come back with water," he said. Highway to Heaven, 8 p.m.; Year in the Life, Olympics in Calgary - each of which is For , which celebrates its 20th 9 p.m., and St. Elsewhere, 10 p.m. expected to run at a loss. Baseball has been a anniversary next September, Hewitt said he The network's regular Thursday night traditional money loser for ABC, and the would "seriously consider" having four cor- lineup will be unveiled over several weeks. winter Olympics is expected to fall flat even respondents if one of the current five retires. On Sept. 17, Night Court debuts at 9:30 if the network can sell off the entire inven- Harry Reasoner, who had a portion of a lung p.m. (first of two parts). Then, on Sept. 24, tory. ABC's coverage will generate "signifi- removed for a benign tumor, returns to work The Cosby Show debuts at 8 p.m.; A Differ- cantly" higher production costs than the net- today, Hewitt said. ent World, 8:30 p.m.; Cheers, 9 p.m.; and work had with the last winter Olympics in the Bronx Zoo, 10 p.m. (the first in NBC's Sarajevo, Swanson said, adding the 1988 "designated hitter" block). The new season Calgary games will run 97 hours, about 30 of L.A. Law premieres at 10 p.m. Oct. 15 hours longer than those in Sarajevo. Midseason shows, fall schedules and Beverly Hills Buntz, another "designat- Despite the less than rosy outlook for next spelled out by ABC -TV and NBC -TV ed hitter," at 9:30 p.m. Oct. 29. year, Swanson appeared upbeat about the On Friday, Sept. 18, Rags to Riches has its overall prospects for network sports, saying ABC has committed to four midseason re- two -hour premiere at 8 -10 p.m., and Private "the future of our business is very good." while NBC has placements so far orders for Eye debuts in its regular time period at 10 Having spent much of his time during his two. Both of the networks have also broken p.m. The following Friday, Miami Vice de- first 18 months as the network's sports presi- the rollout with tradition and announced of buts at 9 p.m. dent dealing with administrative matters, the sum- their prime time schedules during Saturday, Sept. 19, The Golden Girls en- Swanson said he can now focus more on Association press mer Television Critics ters the fall schedule at 9 p.m. and Mama's improving the production values of both col- tour. Boy (a "designated hitter ") debuts at 9:30 lege and pro football games. The division Entertainment President Last week, ABC p.m. On Sept. 26, it's Facts of Life, 8 p.m.; intends to add new graphic equipment to its said the network has giv- Brandon Stoddard 127, 8:30 p.m., and J.J. Starbuck, 9:30-11 mobile units. "And now with being in a sell- The from Lorimar, en commitments to Clinic p.m. (a 90- minute preview). The rollout of out position and knowing exactly what rev- a about the staff of a mental black comedy the Saturday schedule concludes on Oct. 3 enue we're dealing with, we also look to add is from Jay Presson Al- hospital. The Clinic with Amen at 9:30 p.m. and Hunter, 10-11 to some of our advertising and promotion," len, the creator of Family. The second series p. m. Swanson said. which is Jon Sable from Taft Entertainment, Monday, Sept. 21, will see the premieres Swanson also announced the network will is book. based on a comic of ALF at 8 p.m. and Valerie at 8:30 p.m. extend by a half -hour its Sept. 14 Monday The network is negotiating for a third The Tuesday schedule begins Sept. 22 night match -up between the New York Gi- prime time dramatic midseason replacement with the rollout of Matlock at 8 -10 p.m. (a ants and Chicago Bears, beginning with a series and plans to produce two or three oth- special two-hour premiere) and Crime Story season- preview show at 8:30 p.m. pilots. er at 10 p.m. On Sept. 29, J.J. Starbuck debuts orders for two sitcoms, ABC has backup at 9 p.m. in its regular time period. It Had to be You, produced by Warner Bros. and starring Tim Matheson, and The Pursuit of Happiness from 20th Century Fox Televi- ABC says number of World Series Tony Cox tapped sion. games will decide its sports success The first new ABC program of the season this year but adds 1988 is dicey for Showtime post to debut will be Hotel at 10 p.m., Saturday, Sept. 12. It will be followed by Spencer: For ABC Sports, which accumulated a deficit of Biondi, new Viacom president CEO. to Hire, 8 p.m., Sept. 13; MacGyver, 8 p.m., more than $60 million in 1986, could re- picks former HBO executive Monday, Sept. 21; Perfect Strangers, 8 bound this year and turn a profit, according be chairman CEO of pay services p.m., Sept. 23 (followed the same night by to division president Dennis Swanson. first major announce- the rollout of Head of the Class, 8:30 p.m.; Speaking to television writers Aug. 1 in Frank Biondi, in his Hooperman, 9 p.m.; Slap Maxwell, 9:30 Redondo Beach, Calif., Swanson said ABC ment as president and chief executive officer at p.m., and Dynasty, IO p.m.) Sports could wind up in the black this year if of Viacom, named a former colleague On Sept. 24, the network will kick off its the World Series goes at least six games. HBO and Time Inc., Winston (Tony) Cox, to Thursday night movie at 9 p.m. with The encouraging forecast follows a disap- be chairman and chief executive officer of "Ghostbusters." The Disney Sunday Movie pointing year in which the sports division Showtime/The Movie Channel ( "In Brief," debuts at 7 p.m., Sept. 27, with the first of a had only four profitable events. Swanson Aug. 3). two -part episode titled "Shaggy Dog." That said 1986 was so bad that even the Pro Bowl- "Throughout my career in cable televi- same night, ABC will unveil its new Sunday ers Tour, a stronghold for 25 years, operated sion, I have always had a healthy respect for lineup, with Spencer at 8 p.m., Dolly (Par- at a deficit. Showtime /The Movie Channel and admired ton) at 9 p.m. and Buck James at IO p.m. This coming season, however, the net- the company's competitiveness and drive," Stoddard said the remainder of the sched- work has sold out its college football inven- Cox said. "In speaking of Viacom's future, ule remains to be ironed out. tory, and expects to turn a profit on it as well [Viacom chairman] Sumner Redstone re- NBC, meanwhile, has given 13- series as its Monday Night Football package, cently said that the company was 'on the commitment orders to The Days and Nights which is nearly sold out, he said. threshold of greatness.' I would just like to will of Molly Dodd, which had a trial run this But the length of the World Series will be add that Showtime/The Movie Channel that summer, and Day by Day, a half -hour com- the deciding factor. "We've had two seven - play more than its part in crossing edy from Family Ties creators Gary David game series back to back, and that's not like- threshold," Cox said. Goldberg and Andy Borowitz. Day by Day is ly [again this year]," Swanson said. "But if Cox, who had been vice president, corpo- initial about a couple operating a day care center in we got a normal -range World Series [six rate planning, at Time Inc., said his their home. NBC Entertainment President games] ... ABC Sports would be in black ink priorities will be "to meet the people," find and the Brandon Tartikoff called it a reversal of the by the end of the year." out "what are our problems" "what He Family Ties plot. Swanson attributed the upturn to a health- heartbeat is over here [at Showtime]." NBC became the first to announce the ier sports marketplace, saying the strong was bullish on the prospects for Showtime/ the much - roll -out its schedule two weeks ago. It prime time upfront sales season filtered The Movie Channel, suggesting of were looks like this: Sunday, Sept. 13, Our House down to other segments of the schedule. He talked- about troubles in pay television is very healthy," (first of a two -parer), 7 p.m.; Family Ties, also credited an aggressive network sales not that severe. "Showtime

Broadcasting Aug 10 1987 54 Showtime plans Friday comedy lineup; p.m., respectively. exclusive and original programing The pay service is building Saturday night on weekend to be built around around its "Exclusive Movie of the Week," American experiences at 8 p.m. At 10 p.m., Showtime plans a variety of exclusive programs, including Showtime is conducting a major overhaul of The Messiest of Gallagher, Don Rickles on its weekend programing, with exclusive pro- the Loose and Showtime Coast to Coast. graming dotting Friday night's new comedy Saturday programing will also be part of lineup and Saturday's and Sunday's movie the pay service's "White Hot Weekends" se- schedules. ries, a special batch of original weekend pro- The moves are a culmination of two years graming planned around certain themes. The of research into subscriber viewing habits first will be this weekend (Aug. I4 -16), with and preferences, and were set into motion, Paris by Night with George Burns, a concert Showtime said, once there were enough by the Pointer Sisters in Paris and two boxing theatricals under contract to run an exclusive matches (cruiserweight and heavyweight movie each week for the next three years. championship bouts) from St. Tropez, high- Showtime's research led it to concentrate lighting the programs. The "White Hot on creating a weekend package of program- Weekends" will also involve sweepstakes, ing, setting it apart from other video ser- contests and other audience promotions for vices. Showtime will offer a combination of subscribers and cable systems. Cox exclusive movies and original programing Sunday will feature Showtime's double reflecting shared experiences in American feature, with the pay service running "two Cox said, and has added about 500,000 sub- culture. Fred Schneier, Showtime's execu- top -ranked movies" beginning at 8 p.m. The scribers in the last IO months. "All the pay tive vice president of programing, said that last Sunday in each month, Showtime will services seem to be bouncing back a little movies continue to be "the single most sig- run 10 exclusive features back to back that bit." Cox acknowledged that The Movie nificant reason" customers subscribe to pay were aired throughout the month. Channel "has been slipping" and from his TV, but "original programing has a lot to do The weekday schedule remains unaltered, preliminary analysis he wasn't sure why. "I with retention." Schneier said that many ma- but will include exclusive and original pro- suspect the cable industry is not giving it the jor newspapers have special weekend sec- graming that will also be seen on the week- support it's giving other services," he said. tions geared to readers' leisure hours, but ends, traditionally nights of television's hea- Cox had first been contacted about the there is no such focus in video entertain- viest viewing. Showtime position late last year by Viacom's ment, a role Showtime aims to fulfill. Showtime also will roll out new anima- then top executives to fill the position of the Showtime will begin Friday evening with tion, promotion and interstitial programing departed Neil Austrian. Discussions were a movie comedy at 8 p.m. and will air its to support its weekend progaming changes. placed on the back burner when the battle for original comedy series, Brothers and It's The programing changes will be rolled out control of Viacom was joined. The winner, Garry Shandling's Show, at 10 p.m. and 11 throughout August. Redstone, chairman of National Amuse- ments, named Biondi to head Viacom three weeks ago (BROADCASTING, July 27), a `Late Show' gets `Late Night's' move that Cox said "was the clincher" in his Sand decision to join Showtime. After six months of negotiations, Fox Broad- with FBC President Jamie Kellner and Fox Cox said exclusivity will remain a corner- casting Co. has signed an agreement with Chairman Barry Diller since last March stone of Showtime's programing and mar- Barry Sand, producer of NBC -TV's Late about joining FBC to rework The Late Show. keting strategy. (Indeed, the company is roll- Night with David Letterman, to FBC to re- "I didn't want to do another ing out a new weekend schedule for shape the service's foundering The Late show or more of the same," Sand said last Showtime this month, see story at right). Show. As part of the agreement, the program week. "1 had the show Letterman. You And he sees benefits from Showtime's foray - will be produced as a co- venture between aren't going to do better than that." Thus, the into pay per view, with its Viewer's Choice FBC (the majority partner) and Sand's pro- initial approach by FBC evolved into a long service. At Time and HBO, Cox said, there duction company, HBS Productions. In ad- series of discussions, and Sand had to think was "a lot of genuine and legitimate skepti- dition to joint ownership of the program, long and hard about leaving Letterman, cism about PPV," with questions surround- Sand will receive a salary substantially high- which he helped to create and which he has ing the expense of addressability and ade- er than at Late Night, as well as bonuses produced since the program debuted on quate revenue streams. But to Cox, the time based on ratings performance of The Late NBC's daytime schedule in 1980. may now be ripe. "I think," Cox said, "if Show. He will move from New York to Los But the challenge of turning around The you're going to get into PPV, now is the right Angles, where FBC is based, and take over Late Show, coupled with the deal FBC was time. Finally, the cable industry is beginning The Late Show reins in about two weeks. offering, convinced Sand to take the offer. to take a serious look at it. I'm delighted we Sand replaces Kevin Wendle, who will move After a while, he said, a program like Letter- have a very, very solid position in it and can to an executive advertising and promotion man "starts to run itself." Also, at Letter- build on it." position. man, Sand was an NBC employe, while in Cox said he would be involved in the day - Although it will be an "evolutionary pro- the deal with FBC he has an ownership posi- to -day operations of the services, and didn't cess," Sand said last week that by the time tion in the program as well as creative con- foresee naming a president of Showtime/ he's finished, the show will have a complete- trol. "That's really what everybody in this TMC. "I tend to be a shirt- sleeve kind of ly different format. The present format has business wants," he said. "That's a hard manager anyway." deal failed to deliver the audience FBC had to turn down." He said that he just signed a He described the morale at the company hoped for, although the company claims to new three -year contract with NBC to contin- as good: "One thing I like about Showtime/ be pleased with the younger demographics it ue producing Letterman but that NBC let TMC," Cox said, "is the real positive atti- has attracted. Rivers drew an average 2.0 him out of the pact when he informed the tude that exists in this company and the ... rating, and the show has dropped into the network two weeks ago of the opportunity enormous amount of pride." one's since her departure in mid -May. that had arisen at FBC. Cox will report to Biondi. The MTV Net- Robert Morton, segment producer of the Sand declined to discuss in detail his plans works Group (MTV, VH -1, Nickelodeon/ Letterman show, was named last week by for The Late Show, except to indicate that the Nick at Nite), Viewer's Choice, plus the NBC as Sand's successor. Wendle, a pro- host -with -band -and -guests format would be TVRO and hotel/motel marketing of Show - gramer by background, is stepping into a discarded in favor of something less tradi- time/The Movie Channel will report to Jules new role at FBC as senior vice president of tional. "The biggest mistake Haimovitz, president Viacom would be to of Networks advertising, publicity and promotion. clone what's Group. already being done very well by Sand confirmed that he had been talking Carson and Letterman," he said.

Broadcasting Aug 10 1987 cc FCC poses some fairness options

In report ordered by Congress. an environment in which the doctrine in our oversight could not be fashioned in such FCC suggests ways to modify way its impact on broadcast- there's some form continues to exist and seeks im- a as to reduce fairness enforcement -if proved formulation of it or the way it is ers." a doctrine to enforce enforced," Bailey told the FCC at the 'ILes- Under the marketwide approach, broad- If Congress resurrects the fairness doctrine, day meeting. "While none of the alternatives casters would be permitted to cite coverage which the FCC declared unconstitutional -a successfully addresses all of the problems of an issue by other media in their market in of an issue had violation of broadcasters' First Amendment . [of the doctrine], it does appear that demonstrating that both sides rights -last week (see "Top of the Week "), there are a number of measures that would been addressed. Although no commenters the FCC hopes it will be one of the several constitute an improvement over the present favored the approach, the report said, "we "less objectionable" variations contained in administration." believe that it may be theoretically a prefer- an FCC staff report adopted and released by According to the report, the idea of limit- able alternative to current enforcement... . the commission last week. ing application of the fairness doctrine to It would take into account a more realistic The 85 -page report, which was ordered by small markets is nothing new. In 1973, the view of today's diverse and ever expanding Congress in October 1986 and is based on late Senator Sam Ervin (D -N.C.) suggested communications marketplace. [It] would be comments received in an FCC inquiry, sug- legislation to restrict the doctrine to commu- consistent with the fact that the listener or gested several ways the doctrine could be nities with a scarcity of broadcast signals. viewer does have access to views on other modified to make it "less objectionable than And a year later, then FCC Chairman Rich- broadcast stations as well." the present scheme when measured against ard Wiley suggested an experimental sus- The report said that it is unclear how the public interest and constitutional require- pension of the doctrine for radio in large personal attack rule, which gives individuals ments." markets. Neither of the suggestions went the right to respond to personal attacks Just before the unanimous FCC vote to anywhere. against their character, furthers the discus- adopt the report at last Tuesday's open meet- Among the problems with the small -mar- sion of controversial issues. "As com- ing, FCC Chairman Dennis Patrick said the ket concept is defining a small market. menters have pointed out ... experience in- FCC has made clear that it believes the doc- NBC, which advocated the approach in its dicates that a reply spokesperson's energies trine disserves the public interest and in- comments, said it should include any market in personal attack cases are more often fo- fringes on broadcasters' First Amendment that receives 20 or fewer television and radio cused on vindicating his or her personal rights. "We have nonetheless produced ...a signals. "As noted by NBC, a signal avail- reputation than on elucidating the public is- fair and thorough assessment of the alterna- ability standard does not take into account sue," it said. The personal attack rule "adds tives," he said. "Where we believe a certain the full diversity of other media outlets," the regulatory protection of persons' reputations change could improve on the ... application report said. "The standard, therefore, can to the other interests sought to be protected of the doctrine, we say so. Where we believe only approximate the real nature of the mar- by the doctrine and, in so doing, raises an the alternative would make matters worse, ket. However, it has the advantage of being additional barrier that broadcast journalists we indicate that as well." ... administratively manageable." must face in attempting to present controver- The report suggests limiting the applica- The report cites the large increase in radio sial issues." tion of the doctrine to TV or to small markets stations that has put several signals in the As to the Cullman doctrine, the report with few newspapers and broadcast stations. smallest markets in suggesting that the doc- said: "Because any imposition of the Cull- Such limits, said Steve Bailey, the principal trine be applied to TVonly. "There is clearly man obligations on broadcasters gives the author of the report, "could reduce the nega- no justification for government intervention government the opportunity to require that a tive consequences of the doctrine signifi- into the content of radio broadcasting," it schedule of free advertisements be aired, it cantly." said. "Eliminating the fairness doctrine as it gives government the opportunity to second - It also suggested narrowing the scope of applies to radio licensees, while a limited guess the journalistic decisions of licensees. the doctrine by eliminating such ancillary step, would nonetheless represent signifi- The threat of governmentally imposed sanc- rules as the personal attack rule and the Cull- cant progress in removing intrusive and un- tions together with coercion tactics that are man doctrine which requires broadcasters to warranted governmental intervention in the utilized by some groups to extract free ad- provide free time for responses to paid ad- editorial functions of broadcasters." vertising under the doctrine operate to pro- vertisers if fairness is not achieved by other According to the report, a moratorium on duce a chilling effect that generally dimin- means. Other acceptable alternatives identi- the enforcement of the doctrine would gen- ishes rather than enhances the amount of fied by the report: use of a "marketwide ap- erate information that the FCC could use to issue programing aired by broadcasters. proach" in evaluating whether a station vio- "evaluate the efficacy and necessity of the Elimination of the Cullman application of lated the doctrine and a moratorium on doctrine, specifically, information as to what the fairness doctrine may result in imbal- enforcement of the doctrine (partial or com- will occur without the doctrine and whether anced coverage of an issue on a single sta- plete) to determine once and for all whether, the public is better served, as the doctrine's tion; we believe its elimination, given the as the FCC contends, the goals of the doc- opponents contend, or less well served, as multiplicity of media voices today, will actu- trine- public access to diverse ideas and the the doctrine's proponents assert." ally result in a greater diversity of opinion on coverage of controversial issues-can be The report said there are "no serious detri- specific issues in the marketplace as a achieved more readily without it. ments" to imposing a partial or total morato- whole." But the report makes clear that the best rium. "The suggestion that overseeing the In lieu of eliminating the Cullman doc- fairness requirements are no fairness re- experiment would subject broadcasters to trine, the report said, Congress has two op- quirements. "In sum, our analysis of these close, and potentially stifling, scrutiny by tions. Broadcasters who sell time to one par- alternatives strengthens our belief that the the government reflects a legitimate con- ty to express a particular viewpoint would fairness doctrine disserves the public interest cern," it said. "Nonetheless, we do not be- have to sell to another expressing an oppos- and contravenes fundamental principles of lieve that unavoidable government involve- ing viewpoint or certain types of advertising free speech," it said. ment in overseeing a moratorium such as that by independent political corn - The suggestions to Congress were framed experiment either rises in the same level of mittees or groups favoring or opposing ballot as alternatives to elimination of the doctrine intrusion that the alternative- continued ap- propositions would be exempt from Cullman altogether. "This report generally assumes plication of the doctrine itself -poses or that obligations.

Broadcasting Aug 10 1987 cri The report rejected some alternatives pro- broadcasters and "citizens groups" in which drawing them until it has an agreement to posed in inquiry, namely the that the FCC broadcasters make commitments to air cer- find black employes for the affected broad- review doctrine complaints at license renew- tain types of programing in exchange for the cast stations. al time rather than as they are received and groups' cooperation come renewal time. Although FCC officials shied away from that the FCC require broadcasters to set Under current policy, the FCC reviews such saying the petition -to -deny rules were aimed aside "access time" for the airing of contro- agreements to make sure the broadcaster primarily at the NBMC, NBMC head Pluria versial public issues. isn't abdicating its responsibility for or con- Marshall didn't hesitate. "This is the NBMC "The effects under a chilling renewal -only trol over the station's programing. Just how item," he said. It was adopted because FCC approach would be significantly heightened, the proposal to eliminate review of the com- Chairman Dennis Patrick feels "that broad- rather than decreased because... in many mitments would stem abuse of the renewal casters shouldn't have to answer to us." broadcasters' stakes a eyes, the for violation process is unclear. "There is no abuse of process," Marshall of the rules would be greatly raised -i.e. "It is important that our processes not be said. If NBMC challenges a license renewal potential loss of license, or conceivably, a abused and that the perception that such or transfer on the ground that the station has short-term renewal or substantial demerit in abuses will be tolerated not be allowed to go failed to hire a sufficient number of blacks, a comparative renewal proceeding, and at unchallenged," said acting Mass Media Bu- he said, "what's wrong with us serving as one the of most critical periods of licensee reau Chief Bill Johnson. [paid] consultants to help them find black operation." "The issue here is how we can avoid abuse people....We are not going to withdraw our According to the report, access re- -time of our processes which we know are taking petition if they don't have a solution to the quirements do nothing but one substitute place without precluding or hampering in problem we have identified for them. We are form of "government broad- scrutiny" over any way the legitimate use of these vehi- talking about a pure service." casters for another. Because they de- would cles," said FCC Chairman Dennis Patrick. If the FCC were doing its job and enforc- prive broadcasters of their discretion over "Making that discrimination is an enormous- ing its own equal employment opportunity the use of certain time, it said, they are "an- ly difficult task because it involves questions standards, he said, the NBMC would not tithetical" to Congress's vision of broadcast- of intent and questions of good faith," he exist. "Why doesn't [Patrick] get off his little ing. "Not would only acceptance of these said. narrow butt and make his EEO unit work alternatives be a drastic step away from Con- FCC Commissioner Jim Quello said effectively," said Marshall. gress's prohibitions in [the Communica- abuse of the petition -to -deny process has Marshall said that in the late 1970's an tions] Act against treating as broadcasters been a subject of his speeches since 1975. "I NBMC employe on the West Coast was common carriers, a further but step removed think there has been a lot of this abuse," he guilty of extorting money and favors from from according broadcasters the same jour- said. "This [rulemaking] is a long time corn- broadcasters. "But we kicked this guy out of nalistic freedoms under the First Amend- ing." our organization," he said. ment that are enjoyed by private other com- "We seek neither to denigrate the impor- Andrew Schwartzman, of the Media Ac- munications media." tance of petitions to deny to the commis- cess Project, a public interest group that has sion's overall regulatory structure nor to cast filed its share of petitions to deny, said he has a chilling effect on the filing of legitimate "no problem" with the commission propo- FCC proposes petitions to deny," said FCC staffer Mark sal."My position is that reimbursement of Solberg, who presented the proposed rules at expenses legitimately incurred should be rules limit the FCC meeting. "We are concerned about proved. I'm not at all sure that money need the potential of abuse of the...process....A to change hands and I think there should be payments for petition to deny a renewal application could full disclosure in any kind of arrangement." result in the loss of most or all of a licensee's Like the petition -to-deny process, the withdrawal of substantial investment. With regard to as- channel allocation process can be used to signment of license applications, even a extort money from legitimate broadcasters petitions to deny brief delay may doom the transaction. Since or would -be broadcasters, Solberg said. By there is no rule that limits the nature or proposing facilities to which the FCC would Commission launches rulemaking amount of payments a petitioner may receive give preferences, competing applicants can that's intended to foreclose in exchange for agreeing to withdraw a peti- block the original applicant from receiving a opportunities for shakedowns tion...individuals or groups may file or grant of a channel, he said. To withdraw its threaten to file a petition not for the proper applications, the competing applicant can Concerned about the abuse of its petition -to- purpose of bringing factual information then demand some payment from the origi- deny process, the FCC last week proposed about the applicants' qualification to the nal applicant, he said. new rules limiting the money groups that file commision's attention, but instead to extract Although the competing applicants would petitions to deny applications for the sale or some financial consideration from the appli- be restricted to receiving only the "prudent license renewals of broadcast stations may cants. Applicants may well decide that it is and legitimate" costs of filing their applica- receive to withdraw their petitions. The new easier to cede to a petitioner's frivolous de- tions under the proposed rules, Solberg said, rules would also prohibit any group from mand for payment than to oppose the peti- the FCC recognizes that such a rule might using the threat of such petitions to demand tion." deter "good faith" competing applicants as money from broadcasters. According to Solberg, the FCC has no well as the "coercive" ones. As a result, he Under the proposal, sale and license -re- specific examples of groups using petitions said, the rulemaking invites suggestions for newal applicants would be allowed to pay to deny to exact payments from broadcast- some alternative. petitioners no more than their "prudent and ers, but it has plenty of general complaints "When we look at the comments," said legitimate" costs in preparing and prosecut- about what is going on. Solberg said the Johnson, "we are going to have to take a ing their petitions. The petitioners would FCC hopes that the rulemaking will elicit careful look to make sure we are not elimi- also be required to make full, detailed dis- from broadcasters "concrete examples" of nating a dispute reconciliation mechanism closures of payments they receive from ap- abuses to which they were a party. "The where we shouldn't be." The rulemaking plicants. more concrete examples, the stronger the also seeks comment on whether its current In the rulemaking proceeding, which was case" for the rules, he said. But, he said, "I rules prohibiting "misrepresentation" in launched by a unanimous vote at last Thes- think the commissioners may feel they have FCC proceedings could be invoked to pre- day's open meeting, the FCC also proposed enough already." vent parties from using the allocation pro- limiting the money applicants for channels The petition -to -deny rules seemed aimed cess to extort money from legitimate appli- may receive from competing applicants to at the National Black Media Coalition, a cants. If the FCC can prove that the real withdraw their applications. They, too, Washington -based group dedicated to in- intent of a party of the allocation proceeding would be restricted to recovering only their creasing employment of blacks by the broad- is to extort money from the other applicant "prudent and legitimate" costs. casting industry that makes no secret of its and not to build and operate a broadcast sta- In addition, the FCC also proposed to practice of filing petition to deny sale and tion, Solberg said, the FCC may be able to eliminate its review of agreements between license renewal appplications and not with- impose fines for misrepresentation.

Broadcasting Aug 10 1987 57 9 p.m. standard time in Eastern, central, It feels the bulk of the prohibited "meaning- mountain and Pacific time zones. (Alaska ful" relationships are now proscribed by the Poll closing and Hawaii would be exempt from the mea- attribution and other provisions of the own- sure.) Daylight saving time would be ex- ership rules. The availability of other legal bill moves tended during a presidential election year for remedies such as anti -trust laws, it feels, an additional two weeks in the Pacific time insures adequate competitive restraints. along in House zone, so that the polls would close there at 7 The cross -interest policy was developed p.m. instead of 6 p.m. on a case -by -case basis as an adjunct to the Some stumbling blocks remain for The bill passed the House Administration duopoly rules, which originally only prohib- legislation that would lengthen Committee last May, but instead of moving ited ownership of more than 50% of two daylight saving time in West, to the floor it was referred to the transporta- competing stations or actual working con- but bill enjoys strong support tion subcommittee, which has jurisdiction trol. The cross -interest policy has been ap- and is expected to move easily over matters affecting daylight saving time. plied most forcefully to individuals who through subcommittee: ABC's Watson A transportation department witness testi- have controlling interest in one station and a testifies in support of measure fied that a temporary readjustment of day- minority interest in another station in the light saving time might have "possible ad- same market or where a principal has at- Despite some resistance, a House bill (H.R. verse consequences." tempted to become an officer in another 435) that would set a uniform poll closing The department argued that the change competing station in the same market. The time for presidential elections is still on a would create confusion. "If the bill were en- commission asked for a notice of inquiry fast track. Designed to counter the perceived acted, schedule publication, such as the Of- because it felt the policy was uncertain and effects of early election projections by the ficial Airline Guide, would have to deal with unpredictable. The ad hoc nature of the rule television networks in the East while the one time change affecting most of the coun- produced anomalous results, such as going polls are still open elsewhere, the measure try at the end of October, and another affect- beyond the reach of local ownership rules, was the focus of a hearing by the House ing the Pacific states one or two weeks later. permitting ownership of AM -FM combina- Subcommittee on Transportation, Tourism Since the change would be in effect only tions, but denying cross interest between and Hazardous Materials last week. Its im- every four years, many people are likely to separately owned AM and FM stations. pact on transportation industries, however, be confused and inconvenienced in their The NAB commented that the policy has raised some concern since the legislation travel plans and business dealings," stated lacks the clarity provided in the multiple would extend daylight saving time for an transportation's testimony. ownership rules. Group W concurred, say- additional two weeks in the Pacific time Further confusion would result for agri- ing affected parties are entitled to know in zone. culture and the construction industries be- advance the basic ground rules and should Regardless of those concerns, the bill en- cause of a "disparity between 'clock time' not be subject to ad hoc determinations joys considerable support and is expected to and the actual period of daylight," the agen- based upon "ill defined policies." sail through the subcommittee shortly after cy contended. Plus, the department fears the The FCC also felt the vagueness of the Congress returns from its August recess. proposed change will cause saftey problems rules may prevent transactions that would The subcommittee's chairman, Thomas A. in those Pacific time zone states for children raise any real concern with the commission Luken (D-Ohio), backs it. "This bill, in con- traveling to school on "dark mornings." and that concern creates unneccesary finan- junction with the networks' commitment not Defending the bill against such criticisms cial burden both on the commission and li- to broadcast poll results until the polls in a were its chief sponsors, Al Swift (D-Wash.) censees. state have closed, will go a long way to and Bill Thomas (R- Calif.), who appeared Morgan Stanley's comments that the poli- restoring full and equal voting opportunity to before the subcommittee. The bill originated cy creates an uncertainty about the viability our citizens on the West Coast," said Luken in the House Election Subcommittee, of of certain transactions with the probability of in an opening statement. Last year Luken which Swift is chairman and on which delay and possibility of prohibition. It felt expressed some reservations with the mea- Thomas is ranking minority member. "This that uncertainty deters investment in the in- sure. is not the network's fault. The fault is in the dustry. NAB pointed out that many transac- During the 1986 midterm congressional geography [of this country]. It's up to us to tions are time sensitive and the delays election, all three networks (ABC, CBS and deal with that part of the problem." Swift caused by examination of compliance with NBC) refrained from making early projec- said. the policy could preclude stations from at- tions of election results (based on exit polls) tracting equity investment capital. until all the polls had closed in each state. Cox Enterprises felt the policy disserves That policy arose out of increasing pressure the public interest because it produces regu- from Congress to quit releasing early results Broadcasters favor latory costs which are borne by the public. because the lawmakers feel such a practice Joint Board Chairman, Wally Jorgenson contributes to a decline in voter turnout. elimination of FCC's said, "the policy, in its current form, does The networks supported the poll- closing not further the public interest and is not justi- bill in the last Congress because they felt it cross -interest rules fied in today's marketplace." The FCC also was the best solution to the problem. Fur- felt the policy may prevent qualified person- thermore, the networks' policy is based on NAB joined by Cox Enterprises. nel with cross interest from employment that the assumption that eventually the poll -clos- Group W and Morgan Stanley in could be of real aid at other stations. ing measure will become law. supporting policy's elimination; Originally intended to insure against Our policy restricting the use of exit CFA and TRAC strongly opposed threats to economic competition, the policy polls will remain in effect at least through the has more recently been expanded to include election of 1988; if Congress succeeds in The National Association of Broadcasters, instances where a cross interest may affect establishing a uniform closing time, our Cox Enterprises, Group Wand Morgan Stan- diversity of viewpoint. policy at that time will become permanently ley & Co. urged the FCC to eliminate its CFA and TRAC generally oppose the pro- fixed," testified George Watson, vice presi- cross -interest policy in response to a notice posal, because it finds the dependence on dent and Washington bureau chief of ABC of inquiry. attribution rules and ownership rules suspect News. Watson told the subcommittee it The Consumer Federation of America and and disingenuous. It contends that the repeal could count on ABC's "cooperation in the the Telecommunications Research and Ac- or relaxation of the ownership rules is immi- renewed effort to secure final passage and a tion Center, however, vehemently opposed nent and says "this is not reasoned policy lasting solution to this problem." CBS and the proposal and questioned the FCC's rea- making; it is a cynical shell game." It con- NBC are also sticking with their decision not soning and motives for eliminating the rules. tends the proposal to abandon the policy to make any projections. The commission is trying to determine "defies logic" and may well reduce the num- Under the legislation -it is virtually iden- whether the policy, which prohibits cross in- ber and kind of program options available to tical to the bill adopted by the House in the terests between key employes and principals the public." previous Congress -the polls would close at at competing stations, should be eliminated. Reply comments are due August 31.

Broadcasting Aug 10 1987 c0 Fairness doctrine coverage continues from page 39K.

OFFICIAL REACTION TO FAIRNESS DOCTRINE REPEAL The good, the bad and the ugly

They took sides quickly after man of the Senate Communications sued, we can anticipate the demise of candi- FCC's action eliminating fairness Subcommittee, also was disappointed with date access to the airwaves and equal time restraints; Congress wants Patrick's the agency. "I am deeply troubled by the requirements, as well," Dingell warned. scalp; even industry falls short of commission's willingness to ignore clear But the doctrine's congressional defend- unanimity on issue; nine FCC ex's congressional intent and disregard a stan- ers weren't the only ones expressing indig- oppose repeal; yet agency is on dard that has served the public for 40 years," nation. "Quite a few of us are appalled by side of the angels for many he said. such a stupid thing," said former FCC Com- NAB is gearing up for a fight on . missioner Abbott Washburn. Washburn was The FCC's abolition of the fairness doctrine Fritts reported the association was laying the one of several previous FCC commissioners unleashed a torrent of reaction in Washing- groundwork fora major grass -roots lobbying (both Democratic and Republican appoin- ton last week. Public interest groups and the initiative. Broadcasters across the nation, tees) who wrote the two committee chairmen doctrine's Capitol Hill supporters were out- Fritts said, would work with local newspa- stating their view that "striking down the raged by the agency's action. A group of pers to keep the doctrine from becoming law. fairness doctrine undermines the very foun- nine former FCC commissioners (four of They would be calling on legislators during dation of the Communications Act of whom served as chairman) also felt the com- the recess. 1934 -the public trusteeship concept." mission had gone too far. But the Fifth Es- (Fritts was not in Washington when the Dingell attached their correspondence to tate, for the most part, thought the FCC's FCC acted. He was speaking at a national his "Dear Colleague" letter. (Hollings also decision was cause for celebration. leadership conference of a national fraterni- was said to be planning a "Dear Colleague" "We applaud the FCC for erasing this ty, Sigma Alpha Epsilon. However, he and letter.) Besides Washburn, the signatories in- blight on the First Amendment and we con- NAB's joint board chairman, Wallace Jor- cluded former Commissioners Tyrone gratulate the commissioners for the seren- genson of Jefferson Pilot Broadcasting, later Brown, Kenneth Cox, Joseph Fogarty and dipity of their timing during the 200th anni- called on FCC Chairman Dennis Patrick to Nicholas Johnson, as well as former Chair- versary of the U.S. Constitution," said "congratulate him for his courage and con- men Robert E. Lee, Charles D. Ferris, Rosel National Association of Broadcasters Presi- viction on fairness. ") Hyde and Newton N. Minow. dent Eddie Fritts. An indication that broadcasting can in- "The fairness doctrine has served the pub- Still, broadcasters were not claiming a fi- deed count on its print brethren was evident lic well. It should be kept for as long as nal victory. Rather, they were readying for a from a statement issued by the American monopoly licenses are granted by the gov- major battle in Congress, where Senate Newspaper Publishers Association. The ernment," the letter said. Furthermore, they Commerce Committee Chairman Ernest ANPA "applauds" the FCC's declaration that all endorsed a Washington Post "letter to the Hollings (D-S.C.) and House Energy and the doctrine is unconstitutional, said its editor" authored last month by Lee and Commerce Committee Chairman John Din- chairman and president, George Wilson of Washburn. The pair (it was Washburn who gell (D- Mich.) have vowed to turn the doc- the Concord (N.H.) Monitor. "ANPA be- organized the Hill letter) were responding to trine into law (BROADCASTING, Aug. 3). lieves that the editorial freedom guaranteed a Post editorial that attacked fairness. "Crit- "The FCC's action today was a major vic- by the First Amendment applies to broadcast ics of the doctrine wrap themselves in the tory for free speech and a free and indepen- and print media alike. The FCC's recogni- First Amendment. Yet the doctrine does not dent press. But it was not a final victory," tion of that principle by reconsidering the censor anything. On the contrary, in the said Ernie Schultz, president of the Radio - Meredith -w rvH case, and by affirming its words of the Supreme Court, it adds to 'the Television News Directors Association. 1985 fairness doctrine report, is soundly uninhibited marketplace of ideas ....lt is "There is every reason to believe," Schultz rooted in the First Amendment's prohibition the right of the viewers and listeners, not the said, "that Congress will redouble its efforts of government intrusion into content," Wil- right of the broadcasters, which is para- to codify the fairness doctrine despite the son said. mount,' " the former FCC officials wrote. FCC's 1985 report, today's decision and the The broadcasters' triumph was also noted Some broadcasters were sorry to see the President's carefully reasoned veto of the by the cable industry. "This has primarily doctrine dropped. Westinghouse Broadcast- codification bill in June." been the broadcasters' fight and the victory ing has been a long -time champion of the Congress hoped to recess no later than last belongs to them," said National Cable Tele- doctrine. "I just wonder what the public in- Saturday and will return after Labor Day; at vision Association President James P. Moo- terest standard means without the doctrine," that time Hollings and Dingell will begin ney. And what does the FCC's action mean said John Lane of Wilkes Anis Hedrick & searching for an appropriate legislative vehi- for cable? "We've tended to be preoccupied Lane and Westinghouse's attorney. Lane said cle (an act the President can't veto) to which with Nazis and Ku Kluxers forcing their way Westinghouse will continue to adhere to the they could attach a fairness measure. onto our access channels," said Mooney. principles of fairness. The lawmakers responded to the commis- While the broadcast and print media were One Westinghouse station, KDKA -TV Pitts- sion's action with a vengeance. Dingell, at marshalling their troops, Dingell wasted no burgh, broadcast an editorial supporting the an impromptu press briefing, called the time in shoring up support for a fairness bill. doctrine and suggested viewers write in on commissioners "ignoramuses" and said the He circulated a "Dear Colleague" letter late the subject. The station said it would send agency would "have cause to regret this." last week intended to build the case for codi- the letters on to area congressmen. "We need House Telecommunications Subcommittee fying the doctrine. "The FCC's action threat- a fairness doctrine to insure that we get the Chairman Ed Markey (D- Mass.) said very the ens the foundation of the public trustee whole story about the issues that affect us commission's action was "unconscionable, concept enshrined in the 1934 Communica- all. Unless the FCC reconsiders, it's up to but it will be short- And lived." Representa- tions Act, which has governed broadcasting Congress to make this important policy into tive Al Swift (D- Wash), a key subcommittee from the beginning," wrote the Commerce law," KDKA -TV stated. member, said the FCC was "totally out of Committee chairman. "This FCC has shown To some former FCC chairmen an end to control. we If don't put them back in a box, disdain for the public trustee concept by stat- the doctrine was welcome news. "It's long shame on us." ing it will no longer enforce the rules gov- overdue," said Mark Fowler, now with the Over in the Senate, Hollings said the deci- erning political editorializing and personal Washington law firm of Latham & Watkins. sion was "wrongheaded, misguided and il- attacks. If the trend continues, and the Fowler, who has long favored repeal, called logical." Daniel Inouye (D- Hawaii), chair- FCC's radical constitutional analysis is pur- on broadcasters to "show a little backbone

Broadcasting Aug 10 1987 co Vox pop on the fairness doctrine: a Alabama 0 "[The fairness doctrine] may to invoke it the way it was. But it's real to fairly present all issues. There will have been aimed in great part at the good news because it's unnecessary. continue to be many facets of the issues Southern states and the fact that there was There's so much competition these that come before us, which we now can segregation down here, and I think there s." -Woody Sudbrink, owner, cover without fear of reprisal. " - Lyn P. was some concern that not all views uhrei Broadcasting, West Palm Beach. Stoyer, vice president and general being represented when [the doctrin eorgia ò 'es,oli[;others, have an ethical manager, WLKY -TV Louisville. went into effect. Now I think all me a ar ommitment to prese . ides of every Louisiana 0 "Really I don't see the FCC's more responsive to everyone and all he issue, and we'll be ' st aggietsire, decision...affecting us that much because views. So I really don't think it's go g t tomorrow as we we I week. I don*r"" it:a.pp( something that has much of an impact. " mock, have much -Flank like the fairness do trin- I didn't like it 30 applicahorittre[tr §iem. But we do WBMG(TV) Birmingha n cla. at news director, years ago and I d. 't li it now because occasional programing out WV Alaska 0 "Believe it or not, there ill of the inequity be een int and candidates or local iss u -. and like most communities in America that hav only I . To.< y plura 'ty speaks and businesses, we think of ess regulation as one radio station. In most cases not with the gre ber of o lets and access desirable. We consider urselves First having a fairness doctrine coul cause to cable, even a mall co unity like Amendment speakers a d anything that residents of those communitie to be Macon can rece' e virtual every side of would lessen our rights under the First limited in their access to all des of a the issue. " -T ny Villasana, news Amendment, I would happy to see go particular issue. What wor in New York director, WMA -TV Macon. away."-Mike Huguni might not work in Nome, laska." -Diane Hawaii 0 "I t k's it's an admir evision of Shrevep rt. executive Alaska Public Kaplan, director It's about ti we had an equal footin Maine 0 aine broadcasters Radio Network. with the pa rs. We're the only statio couldn't exist if they ily represented one o "[The decision] affects around that oes editorials, and we o Y side on an issue...it' part of the broadcaster in that it giv us our First ut f e rebuttals a year, and w re `Downeast ethic.' M ne broadcasters have Amendment rights bac.. It inevitably will glad o I don't think it will ge to be fair. The way fairness doctrine make us a little more gressive in dealin anyone else [here ditorials, t ugh, existed was onerous adcasters who with the controversial i':ues. " -Richard because they're not in reste would only present o e side o an issu-. DeAngelis, vice preside t and general they going to do, bitc ab su tan Helen Sloane Dudm x, president and manager, KPHO -TV Ph. nix. oil ? " - Lawrence (Bo Be un r and general manager, w wan )- WWMJ(FM) Arkansas 0 "I greatly mire the coura general manager, K H(AM)- H(F swarth (presiden of the Maine State of the FCC in doing wh it had to do Honolulu. Broadca light of the court action he findings f Idaho o "I didn't fe the fairness doctrine Maryland O "I think it's like lifting of a its staff, and in the face o °T.S- endows was terribly abused y advocacy groups, millstone around the necks o congressional criticism." 4. L. Snider, although it always thered me that it conscientious broadcasters. KARX(:LW- KKYK(FM) Little ock (immediate idn't apply to pri , and I've worked in has inhibited a lot of innova ve reporting past joint board chairman o the National th radio and pri news and broadcasting. I'm delig ed to see it Association of Broadcaster di CLOT, KSKI -FM n Valley. gone." -Harry R. Shiver, esident and California 0 "I have no prob m with the Illin 0 "The br dcasters surely have general manager, WF'BR/AM) altimore. decision because we have al ays striven been 'ven the s rt n ars, [bu 0 "One pro em is with the for balance in our reporting. hink this is on a pr tical 1, it's not going to rase 'fairness.' Wh are we who very good in giving us the lee ay to do news dep n s...because our integri oppose it, pro 9 things without a threat over o heads." - is all we h to offer to the viewer." - weren't fair the marke unish us Cecil Webb, owner and general in I II er, Paul Davis, ws director, WGN -TV Chic I,t o The FCC removed the mit on t e n mber KSUE -AM -FM Susanville. (past preside t, Radio -Television News of commercials we co Id air, yet we Colorado O It begins the process of Directors Ass iation). continue to reduce the number of removing the artificial distinctions bete 0 "I' delighted. I felt the fai SS commercials we have cause the m ket the print and electronic media. "- Richird act was hu ng the process. [The FCC' dictates it." -Woody anger, presidr Holcomb, senior vice president, corporate action] giv the quality radio stations Marlin Ltd. Broadcas ing, Boston. affairs, American Television & ree dtfl over the qualified public Michigan 0 "Nobody ere used to walk Co imunications, Denver. issues betted e issues the public is around quoting from e fairness doctrine. Connecticut "Three cheers for the Patrick interested in he ."-Roy G. Coo I don't mean to be fli , pant...but commission. The idea that the fairness vice president and gehe l manager, presenting balanced ews has always been doctrine is essential to our fiduciary status WIBC(AM) Indiarnapolis. where there is a is far- fetched and r VrA'é polio 1 candidate who will be lucky to get chills. The next j , which NAB no of the le The iss1 is not dead. 10 vot we still do a piece on them." - wJBK -TV at long last, may list. will to d- d Special t s groups wi I pursue this, Chris S news director, this good commi . a n the and we . lieve it will end '^ .k- etroit. Congress. " -Fral g courts."--.Steve Shannon, 7 °nera :We do a half-hour of public manager, WEBE(F manager, WH(NAM) Des Moi nes" affar a ng ea nd I am not Delaware "I ten to straddlftie on Kansas 0t'The FCC has fi Ily given sure Ryy ected ve .much by the issue. While o believe that broadcast s the same right hat print has c will be a biglp to broadcasters, es : ally local ra I have a had for a long time and tha 's exemplary other s ;ally those wi responsibility to sent all side .f fái is a ve bold step. I investig s."-Robert ` I has to - gene? I eY, KITN(TV) issue, don't thi there be '1 dn't t9 lot stations will Fransen, law." -Rob Phill , news director, to . Aid: of the issues, Minneapolis. s ontinue show 0 WN Rio AMI Ne war ;phut now we can en e. didates and Mississippi 0 " we will do; District of Colum 0 "That's s. hold debates on issues ut every anything differe ily as e we have Y That ought to be anner. _ r. sidebar person given e4a ime." -Ron always tried to espors ve to the ' Joe Sitrick, Blac RIrIfI76YIiYGl.Yt!r9nL!U(!LI[./I ' If!r/IIr!9¡9S4' . I . I I I " sinora oursr.vor t equal sides, at Florida 0 "We've never had any big KAKE -TV Wichita. least both sides. But it will eliminate just problems with the fairness doctrine the Kentucky 0 "My personal reaction is it's one more layer of bureaucracy, something way it was. We're still going to honor it about time. I don't think it's going to that people could threaten broadcast a and I think most broadcasters will continue change a serious broadcaster's commitment journalists with when they were doing

Brcadcasung Aug 10 1987 50 -state canvass of the Fifth Estate good job anyway." -David Vincent, vice manager of WGBR(AM) Goldsboro (president Utah o "In terms of cable, I don't think it president and news director, WLOX -TV of the North Carolina Broadcasters will have much impact. If we do any kind Biloxi. Association). of local news programing or local airing of Missouri o "Some people think there may North Dakota o "I've always believed that the issues, I think we're going to cover need to be a fairness doctrine for Congress will never give up the fairness them just as well [as before]. " - Jonathan newspapers. It makes the front page when doctrine. The only way the fairness Ballen, president, The Cable Co., Logan. somebody is accused of sexual abuse. If doctrine will ever be eliminated will be in Vermont o " Led emotions. I think it's the charges are not founded, that doesn't the Supreme Court. "-Thomas G. Barr, thrilling Mite Foment, but I have a make the front page. But I am not general manager, KFYR -TV Bismarck. hedged -bét kind oqf feeling. I can't believe advocating that the government step in; I Ohio o "I'm delighted, obviously. We'll be how fasImembertof Congress, including mss the public has to rec able to be more imaginative with our our own senator atr lking about tacking s n and sources that comes political programing than we were. We the doctrine onto ano r bill. I'm from. joifirrálNip must be careful to be fair, but the market delighte/ with the cou . of this FCC... American Cab a Crt. Louis. would not allow us to be otherwise." - The F. s+t[t Amendm: is a powerful thing Montana o No e has ev- .pproached Steve Olscyk, news director, WOTN(TV) 1 ime broa i esters had an equal

me saying: 'H at st 't co: share n . But m waiting with bated with the fai ne.' But e o" elimination of the To fierce, senior vice talked with ople who :t a trine wi reli pressurereons .. eof eat general manager, WEZF(PM) wasn't rig and if I agreed wi m, we igton the mailer ' ' n seek o es of resident, Vermont would giv hose people an opp ity a sto . But irmly belie h: vast 'ation Broadcasters). respond." - ick Pompa, news d tor, maj it of. ations wi try to a Il sides ao"1 n it's a great step forward. KFRR -7V Gr Falls. of o ,w h or wi e, e aarness on't . à- t irectly, but it will free Nebraska "It ill make us feel litt) doc me. on Willi news director, caste cible news organizations easier because we get a lot of net ork nd KLTE(FM1 tali it s th' untry to report news they progra ing over the tellite Oregon ink it' we're now ve for fear of the fairness over which we do t have control and on the s foot. as print. It won't have -John Evans, president, about which I am so nc roed t at at an et n us and, oCable, Arlington. about balanced views. or our ow nseque y, we di 't give it a lot of ington o "The doctrine has served to affairs programing we ave always elt we ay. But the newspa rs around here sure e people shy away from controversial were doing a good j if we got eq al d -Bruce Benne station niai es and to stifle the expression of complaints from lib als and K v -TV Coos Bay. ergent opinions. Although fairness has tsars Perry, stati rz d no P nsylvania o "I glad "o s et e effect on news at all, in respect to tanager, KIOS -1.11 nzalta. A endment free ms further xtende her programing, when looking at ada a "It woul ppear that the CC's ca Tue irness do e didn't ontroversial issues, whenever any single m e in tossing out t fairness doct ne is m to rode s in taki an aggressive rogram does not represent a perfectly real just a little snub a ongress, d sture [in the asti. We' e never been alanced view-'fairness' isn't really as Con ress is all set to co fy on seful a legisla on accused of not I tin pie come in and word here as 'balance'-because som kind of similar law. in so ys the equal speak their pie . oseph Connoll doctrine, time and other it m y be a moot point. " -Ji zB 'ng, president, B s Cab iuy. ulation, people have ended up saying: vice resident and general nt KT:VV- y is it worth [airing] it ?' " "It he fairness doctrine] -Phil s Vegas. enstrand, news director, KREM -7'V was a reminde at there was a separation New )okane. mg. see of the broa -t and print media. "-John broa asting has achieved rity with West Virginia o "I believe it is a very Sawltill, neral . , r - 7V news apers." -Ron Puler general positive step. I think it will give us more mana er, WNHT(TV) Caaco flexibility in covering issues that affect So h Carolina "[The repeal] does ot our o viewers." Peterson, news New rsey "Addition, freedom c tries cha e the way th we have been -Brian nal director, WOWK -rt Huntington. additi responsibility his is not oper ting. We have a ays tried t, over to do whatever ne wants to o and both -des of an issue, a mos f all, be Wisconsin o "I suppose I'm a little not h standards one ontinues to fair t he viewing public. avid Aiken, disappointed...I kind of liked the fairness uphold lia, general genera manager, WOLO -7V lunzbia. doctrine. It seemed to me that fairness is a manage n'WU(Am) Ha kensack. South akota o "The doct ne has hindered reasonable standard for broadcasting, and I New Me t e co "I think decision long First A endment rights. irness is not a didn't have any difficulty in having that overdue. he FCC di hat the cou s will serious roblem in the sm Iler markets standard as a government- imposed have to d ventually. - Joseph Ca ere, e not likely to standard. I am real sure the broadcast executive v e preside eral rge." -Jim Monk, news irector, media are not going to rush out and nzanager, BIM -7v Roswell. KG).t .I)A.t:n. become unfair.... I think where it did New York "The NAB's re enter matter was in those instances where there , Tennessee o "Whe r there's fairness the s . r a : ith th - rr mmission was a question about coverage of issues. doctrine or not we'll till adhe o the ove -sscenity /indecent ' r .. have In those rare instances the government - a ( oliary effect on the fairness doctrine. rules, but we really t ink that [ ness imposed standard of fairness seems to be a decisions[ r: y prediction is that the Congress is going ought to . ndled b e more reasonable way to run stations. All of us are nning jou istic to respond- unhappily, I feel rightfully - broadcasting. " -Ronald Kuisis, vice because broadcasters and specifically the news operations and I ' r ...there re president, corporate affairs, Warner NAB did not fight obscenity /indecency. enough media outlets for ople to g Cable's WAVE Cable, Milwaukee. Celebration their news from. " Deborah cDern tt, of the disappearance of the - Wyoming o "Giving equal opportunity to fairness doctrine is very station manager, WKRN-TV N 11e. premature."- all candidates is the only right, proper way Jerome Gillman, president and general Texas o "I think it's one of the g . days in the marketplace. I look at it as just the manager, WUST(F.tf Woodstock. in the history of broadcasting. The common sense doctrine. It doesn't bother North Carolina o "Philosophically, I think broadcast industry is almost up to first - me at all that the thing has been abolished it's fine. I just hope it doesn't bring down class citizenship now." -Bev Brown, owner because we'll operate the same with or the wrath of Congress on the industry." - and general manager, KGAS(AM) Carthage without it."-Tom Bauman, president and Vassie Balkcuaz, president and general (former NAB board member). general manager, KRAE(AM) Cheyenne.

Broadcasting Aug 10 1987 Al Continues from page 59. ing issues fairly." were wrong, former California Democratic Despite the general recognition that the Congressman Lionel Van Deerlin was warn- and back the commission on this." Said an- FCC would not have the final word on fair- ing Democrats not to be identified as "those other former chairman, Richard Wiley of ness, there were still those who were encour- trying to take away First Amendment Wiley, Rein & Fielding, "The commission aged. "I think it's a real plus and will contrib- rights." Van Deerlin at one time chaired the bit a very tough bullet. It's done everyone a ute to a great deal of news and public affairs House Communications Subcommittee and service." programing," said the National Telecom- was the author of legislation that would have While there was considerable FCC bash- munications and Information Administra- repealed the doctrine. ing on Capitol Hill, some lawmakers hailed tion's Al Sikes, a former radio broadcaster. He was pleased by the commission's ac- the commission's decision. "Bless their Joel Chaseman, president of Post -News- tion. "People in the newsroom are hurt by heart, they did exactly the right thing week Stations and chairman of the Televi- this and they want parity," he told BROAD-

. It's about time," said Senator William sion Operators Caucus, said: "I think a lot of CASTING. As to the commotion in Washing- Proxmire (D- Wis.), who has introduced leg- us are tired of the presumption of ton, Van Deerlin thought it was interesting islation to overturn fairness for more than a guilt ... that broadcasters will be unfair un- that just when "things were calming down decade. Senator Bob Packwood (R -Ore.), less there's a government regulation requir- [at the FCC], then bingo, up comes the corn - the doctrine's chief opponent in the Senate, ing us to be fair. We deserve an atmosphere mission and spits in the eye of Congress." expressed his delight when learning of what free of regulation in which to function. If we the FCC would do (BROADCASTING, Aug. screw up there will be plenty of opportunity Fairness held unfair 3). And in the House, Representative Tom for reregulation." Tauke (R- Iowa), who fought against the ini- "We welcome the commission's action be- (Continues from page 28) tial codification bill, backed up the agency. cause broadcasters should be free of restric- sy because of it. We think journalism should "Obviously I think the FCC acted appropri- tive government supervision," said John not be the subject of federal regulation." ately. The commission had little choice but Kompas, president of the Community Along with the praise from broadcasting to take this action, given what the court had Broadcasters Association. "But LPTV sta- interests came criticism from congressional to say," said Tauke. tions must be highly responsive to small, leaders and public interest groups of every Public interest groups were especially specific communities. So we will continue stripe. In general, they felt that the FCC had perturbed. "The FCC claims the fairness to present all sides of local issues affecting forsaken its obligation under the Communi- doctrine chills free speech and gives the gov- these communities. cations Act to protect the public interest by ernment a big brother role in broadcasting. Fairness doctrine politics have resulted in failing to preserve access to the public air- Both arguments are without merit. The only unusual alliances. "On this one, I am with waves. "This opens the door for TV to be chill broadcasters experience from the fair- Hollings, Dingell and Ralph Nader," said even more unfair than it already is at this ness doctrine is in the pocketbook," said Dr. conservative columnist and media figure point," said Phyllis Schlafly, the conserva- Beverly Chain, director of the Office of Patrick Buchanan. He thinks the FCC's ac- tive head of the Eagle Forum. Communication for the United Church of tion is an example of the "Republican party Protests started even before the final vote Christ. The Media Access Project's Andrew coming to the rescue of corporate America. I was taken at the decisive FCC meeting. As Schwartzman said his organization would be think it's a mistake for the Republican party." FCC Commissioner Jim Quello set forth his "looking out to see if broadcasters are treat- While Buchanan thought Republicans reasons for abolishing the doctrine, mem-

Fairness decision opens up commercial speech

One freedom afforded the Fifth Estate by last week's fairness plained the CBS policy against accepting paid advertisements doctrine decision was the removal of requirements to balance with viewpoints on controversial issues "was never a question of controversial commercial speech by airing opposing viewpoints the fairness doctrine. It is a question of the purse; that is we in such cases. always felt it was a mistake to accept [the ads] in television Most broadcasters, however, already run or at least consider because it allows the fellow with the biggest pockets" to set the running advocacy ads. And the minority that do not, including political agenda. the three broadcast television networks -ABC, CBS and NBC - ABC's policy, in effect since shortly after its merger last year probably won't reconsider their positions, despite at least one with Capital Cities, is also not to accept advocacy advertising, prediction that issue advertising could ultimately become a the principal reason said to the same as CBS's. NBC -TV's Robert $100- million -a -year business. Blackmore, senior vice president, sales, also confirmed that the According to Television Bureau of Advertising research, more network does not "see anything changing at the moment" in its than 90% of television stations accept such ads or review them policy against airing controversial ads. before making judgments, a tolerance recently exemplified by Local broadcasters, whatever their present policy, are not broadcasters' consensus to air contraceptive advertising. But likely to make immediate changes in it, if only because of the no one really knows the revenue potential of advocacy advertis- concern that Congress will try to legislate new fairness laws ing, said Richard Severance, senior vice president of national soon. sales at the Television Bureau of Advertising. At WJLA -TV Washington, for instance, there has been a long- Revenues from airing such controversial commercials could standing policy to accept issue advertising, according to Jane climb into the neighborhood of $100 million a year if fairness Cohen, vice president of station affairs, and it will be "business doctrine restrictions were lifted, former NB President Roger as usual," despite the FCC ruling. "There are no issues off -limits Rice predicted several years ago, a figure Severance said still as long as [the station] follows the dictates of fairness, balance, remains valid, although he cautioned such growth would take at good taste and reasonable access to all," said Cohen. least a couple of years to develop. Stations that do not accept advocacy ads, such as WCIA(TV) "Even without the fairness doctrine, we will not see a sudden Champaign, Ill., may review their policies only after the fair- surge, but an evolutionary increase in issue advertising," Sever- ness doctrine remains repealed for some time. According to ance said, as broadcasters gradually accept more such materi- Dick Adams, manager of information programing at wCIA and al and advertisers are increasingly encouraged to develop it. also director of research and education for the Midwest Televi- ABC, CBS and NBC said last week they would keep their sion broadcast group, the company will continue its policy not current policies againt carrying ads on controversial issues. to sell time for the presentation of "controversial issues of Each argued that its position rests on factors other than the public importance." Requests for time come "infrequently," he fairness doctrine. David Fuchs, senior vice president of corpo- explained, and the financial impact of turning them away is rate and broadcast affairs for the CBS /Broadcast Group, ex- not substantial.

Broadcasting Aug 10 1987 bers of a group affiliated with Ralph Nader's construction of a nuclear power plant with- Center for Study for Responsive Law lined out airing contrasting viewpoints, Meredith up along one wall of the FCC's meeting appealed to the U.S. Court of Appeals in room and held up placards spelling out Washington. Last January, the court remand- "Save the Fairness Doctrine." ed the case to the FCC with instructions to To the consternation of FCC officials, consider the constitutional arguments that Nader plopped himself down in the middle Meredith had raised but that the agency had of the room as soon as the meeting adjourned said were better left to Congress and the for an impromptu press conference, delay- courts. The court said the commission "need ing the regular press briefing with FCC offi- not confront" the constitutional issue if it cials as he fired verbal salvos at the FCC and decided that, in light of the fairness report it The protesters its action. "What we are seeing here is the issued in 1985, enforcement of the doctrine ultimate transfer of monopoly power to the would not be in the public interest. broadcasters who already have exclusive li- At the meeting, Killory said that "any censes to decide who says what on TV and policy justifications are so intertwined with now don't have to worry about fairness any constitutional implications that we cannot more," Nader told the reporters who pressed separate the two. Accordingly, the issue is in around him. whether the doctrine is constitutional. The Aides of House Communications Sub- answer is no." committee Chairman Edward Markey (D- The FCC based its decision on its finding Mass.) were also on hand at the meeting that the doctrine is counterproductive, dis- with a statement reflecting the thinking of couraging rather than encouraging coverage many of his colleagues. The action, Markey of controversial issues and airing of diverse Ralph Nader said in the statement, reveals the FCC as viewpoints, and that it intrudes excessively "ideologically hide -bound. Their blind ad- and unnecessarily into the decision -making herence to a rigid misconstruction of the of broadcast journalists and editorialists. First Amendment threatens to snuff out de- Killory stressed that the scope of the bate or discussion of important issues over FCC's action is narrow. "It does not extend the public's airwaves." beyond the doctrine to codified laws like Much of the congressional ire rose over equal time. It does not rule on the commis- the FCC's taking the fairness action before it sion's other content rules such as issue -re- had submitted its congressionally mandated sponsive programing and prime time access. report on alternatives -a criticism the com- And it leaves intact the commission's ability mission countered by citing its mandate to license and regulate in the public inter- from the courts in an adjudicatory case (see est." box, page 28). (The fairness doctrine and the equal time The FCC's action, in the face of stiff con- law to which Killory referred are often con- gressional opposition, is likely to have re- fused. The equal time law, contained in Sec- percussions for the FCC on matters having tion 315 of the Communications Act, re- nothing to do with the fairness doctrine. quires broadcasters to provide "equal The political fallout will be tremendous," opportunities" to legally qualified political Markey's aide Larry Irving said one House source. On the Hill, you candidates. Exempt from the requirement azines. You can refuse to allow minors to don't tug at Superman's cape and you don't are candidates who appear on news pro- come into bookstores," she said. "We can't mess around with John Dingell and Fritz grams of various kinds). do that with broadcasting; and, therefore, Hollings," he said. "Whatever Patrick wants At the press briefing following the meet- what we have said [is that] those who wish to from the Hill, he'll have to fight tooth and ing, Killory said the FCC has not determined listen to indecent material can do so at a time nail for," he said. House Commerce and En- whether its ruling encompasses such "corol- of day when there is not a reasonable likeli- ergy Committee Chairman John Dingell (D- laries" of the fairness doctrine as the person- hood of children being in the audience." Mich.) and Senate Commerce Committee al attack and political editorializing rules. To Still smarting from Reagan's veto, con- Chairman Ernest (Fritz) Hollings (D -S.C.) the extent that the rules depend on the doc- gressional proponents of the doctrine said are leading the effort to codify the fairness trine, she said, "they would seem to suffer they will redouble their efforts to codify it. doctrine. from the same constitutional invalidity." She To avoid another veto that they were unable Possible congressional retribution heard said the FCC needs to address the question in to override last June, they plan to attach the last week includes holding up confirmation "the near future." fairness law to a "must" piece of legislation of any fifth FCC commissioner, dragging The FCC believes the Supreme Court, in that the President can't afford to veto. commissioners up to the Hill for weekly deciding First Amendment cases involving O oversight hearings and insisting that the FCC broadcasters, should use the same analysis it In response to a congressional directive, the release orders as quickly after adoption as it uses in deciding cases involving newspa- FCC assembled what it considers to be "less did the fairness doctrine case. pers, Killory said. "That doesn't mean all objectionable" variations of the fairness doc- If, as another congressional source sug- content regulation for broadcasting ... is trine -for example, one that would apply gested, Congress makes "life miserable" for necessarily invalid," she said. "You have to only to television stations (see story, page the FCC, the commissioners can take solace go through the same test as the print media 56). If the Congress feels it must impose in the support of their action by the White would go through. You have to see if there is fairness requirements on broadcasters, the House. President Reagan vetoed a fairness a compelling government interest and you FCC hopes it will opt for one of the alterna- doctrine act passed by Congress last June, have to determine that a ruling is the least tives laid out in the report. later telling BROADCASTING afterward that restrictive means of it." The Syracuse Peace Council, which "we must rely on competition ...to insure At the meeting, FCC Commissioner Patri- brought the fairness doctrine complaint that all reasonable views are presented." cia Diaz Dennis said abolishing the doctrine against wTVH, is preparing to ask the appeals Thomas C. Griscom, assistant to the Presi- is consistent with the FCC's enforcement of court to review the FCC action. Andrew dent for communications and planning, said prohibitions against broadcasters airing "in- Schwartzman, head of the Media Access last week the President "stands firm on his decent" programing. "There are different Project, which has represented the SPC, said views. He supports the FCC and their ac- considerations in that the print media can be the group will argue that the doctrine was tion." channeled, if you will, can be restricted in codified in 1959 and that the FCC lacks au- o different ways than broadcasting can be be- thority to abolish it. Although the appeals After the FCC cited WTVH for violating the cause of the nature of the medium. There- court may not take the argument "very seri- fairness doctrine in airing ads advocating the fore, you can put brown wrappers over mag- ously," he said, SPC needs to preserve it for

Broadcasting Aug 10 1987 63 an appeal to the Supreme Court if Congress 'Are radio and television somehow more fails to resurrect the doctrine. than toasters with sound and video ?' -we John Pelkey, an attorney with Haley, say clearly, 'Yes, they are,' " said FCC Fairness gets big Bader & Potts, which represents Meredith, Commissioner Mimi Dawson. "But in an- expects the appeals court on review to up- swer to the question-'Are radio and televi- play in media hold the FCC action on the constitutional sion speakers somehow less than print question. To do otherwise, he said, the court speakers because they communicate with For both the broadcast and print press, the would have to find that the FCC action is not sound and video ?-we say, 'The answer is commission's ruling on the fairness doctrine supported by the record or, even more un- no.' " was major news. Stories about the contro- constitu- versial ruling appeared on all of the TV net- likely, that there "is some sort of o tional right to the fairness doctrine." Also, work evening newscasts, on radio reports and on the front pages he said, the way the FCC order is written, At the FCC last Friday, things were returning of newspapers. ABC, NBC, the News Net- the court could agree that the doctrine is to normal; the dog days of August were ap- CBS, Cable work which rarely FCC unconstitutional without contradicting the proaching. Commissioner Quello was on va- and C -SPAN, cover to last Tues- Supreme Court scarcity finding in Red Lion. cation and his colleagues would join him meetings, sent camera crews included coverage of Floyd Abrams, the First Amendment at- shortly for the pre -Labor Day recess. One of day's meeting. CNN the FCC action during the afternoon and torney who represented Meredith in its fair- the chairman's legal assistants, Lisa Hook, but no special interviews were ness appeal, hailed last week's decision as "a was working on the order for the abuse of evening, planned because CNN had covered the de- giant step away from government control processes item (story page 57) as the agency bate on several shows in the past month. For over content of what appears on television. 1 got back to "cranking out the regular work." its coverage, taped the FCC meet- think it is the first step in far greater freedom Chairman Patrick was still fielding calls C -SPAN press for broadcasters than they have ever from Congress and elsewhere, but even they ing and subsequent commission con- as well as reaction from Representa- known." had begun to diminish. ference, (D- C -SPAN Henry Geller, director of the Washington But the fairness doctrine action would not tive Edward Markey Mass.). Center for Public Policy Research, Duke for long be out of mind. Other cases would aired the package -which totaled over three hours 9:20 p.m. Tuesday. The program University, said he'll petition the FCC for come up-in the personal attack and equal -at also went II at 1:20 a.m. reconsideration. He doesn't expect to time areas, for example would invite out over C -SPAN -that Wednesday. change any minds, but he, too, wants to application of the same First Amendment National Public Radio's Mara Liasson did preserve arguments for later use in court. brush. Those could come on the commis- a one -minute piece for All Things Consid- and by the sion's own motion, or in response to a peti- As evidenced by the order ered and a four-minute piece for Morning tion for a declaratory ruling, or simply be statements of the FCC commissioners, it's Edition on the decision. handled on a case-by -case basis. clear that the FCC's interest is to do more Mac- The bunker atmosphere that had charac- The Public Broadcasting Service's than just do away with a single rule. On a Neil /Lehrer NewsHour addressed the issue it is trying to ele- terized the FCC since its announcement of more fundamental level, in a 30- second news bulletin Tuesday vate broadcasting to the same First Amend- the fairness decision two weeks ago was dis- radio coverage, Mutual ment status enjoyed by newspapers and appearing. This battle was over, but the war As for network of its hourly and magazines. "In answer to the question- had yet to be won. Broadcasting began several half -hourly Tuesday newscasts with the fair- ness story, according to news editor and pro- ducer Doug Levy. ABC Radio Networks led several of its newscasts with the fairness report, accord- ing to Bob Benson, VP, news, ABC Radio. LOGAN BROADCASTING COMPANY "The first thing we had to do was explain to the public what the fairness doctrine was," has acquired said Benson. "We also had a lot of reaction tape," he said. James Farley, vice president of radio news KBLQ (AM/FM) for NBC, said both the NBC Radio Network Logan, Utah and the Source, NBC's young -adult net- work, had the fairness doctrine story as the for second or third news item in many of their hourly newscasts last Tuesday. $1,130,000 The CBS Radio Network did not lead any of its newscasts with the story, but, accord- from ing to Larry MccCoy, executive editor for CBS News, radio, it was the second or third story, and was the lead in five, two- minute PEOPLES BROADCASTING, INC. newscasts on RadioRadio, CBS' youth -ori- ented network. We are pleased to have served as exclusive As for major newspapers, the New York broker in this transaction. Times devoted the most space last Wednes- day, with a lengthy front -page story, a sepa- rate reaction story and excerpts from an FCC policy statement. The and also gave the story front -page coverage. On Wednesday, the Post also carried a col- BucKBuPN(ìvwANy umn in its Style section by TV critic Tom Shales, who denounced the FCC decision: P R I N C O R O AT ED "The Federal Communications Commission about ob- Media Brokers (f Appraisers Since 1947 proved it does know something scenity after all. It committed one," he said. WASHINGTON, D.C. 20036 ATLANTA, GA 30361 CHICAGO, IL 60601 BEVERLY HILLS, CA 90212 The Post's editorial on Thursday had a far 333 N. Michigan Ave. 9465 Wilshire Blvd. I Ion Connecticut Ave., NW 400 Colony Square different flavor, saying the FCC "has done (202) 331 -9270 (404) 892 -4655 (312) 346 -6460 (213) 274.8151 the right thing."

Broadcasting Aug 10 1987 64 ests. Buyer is owned by Peter M. Bardach and James E. Normoyle, who also own WSUS(FM) Franklin, N.J. WVBM is on 95.9 Charnahgelanda mhz 3 with kw and antenna 327 feet above I -I PROPOSED I Modell and Alfred Lemer who have no other average terrain. Broker: The Holt Corp. KHAK -AM -FM Cedar Rapids and KSO(AM)- broadcast interests. Modell is owner of KKBH(FM) Victoria, Tex. Sold by Cross- KGGO(FM) Des Moines, both Iowa; Cleveland Browns, professional football roads Broadcasting Inc. to Coastal Wireless WAMX(FM) Ashland, Ky.; WBYU(FM) New Or- team. It bought station for $9.5 million Co. for $630,000. Seller is owned by John leans; WNBF(AM) -WHWK(FM) Binghamton, ( "Changing Hands," March 4, 1985). Buyer Sharp, who has no other broadcast interests. WYRK(FM) Buffalo and WCMF(FM) Roches- is owned by Thomas Embrescia, Larry Pol- Buyer is owned by Dan Cutrer, who also ter, all New York; WDAO(AM) -WWSN(FM) lock and Tom Wilson. It also owns owns KSTE(FM) Corpus Christi, Tex. KKBH is Dayton, Ohio; WIMZ -AM -FM Knoxville, Tenn., wuPW(TV) Toledo, Ohio. WwwE is on 1100 on 93.3 mhz with 100 kw and antenna 750 and WGNT(AM) Huntington, W.Va. khz full time with 50 kw. WDOK is on 102.1 Sold by feet above average terrain. Broker: Norman Stoner Broadcasting System to ML Media mhz with 12 kw and antenna 1,000 feet Fischer & Associates. Partners for $52,700,000 ( "Closed Circuit," above average terrain. Broker: Wertheim July 20). Seller is principally owned by Schroder & Co. WPGO(FM) Shallotte, N.C. Sold by Thomas H. Stoner, who will have no other Ocean- WXDJ -FM Homestead, Fla. Sold by Radio side Broadcasting Co. to Beach Broadcast- broadcast interests. Buyer is principally Intermart Corp. to Family Group Broadcast- ing of N.C. Inc. for $485,000. Seller is owned by M.L. Partners, headed by Martin ing L.P. for $8.1 is Operation million. Seller owned by A. Earl Milliken, who has no oth- Pompadur. It also owns KATC-TV Lafayette, owned by James E. Martin, Clifton G. Moor er broadcast interests. Buyer is owned La., and recently bought WREX -TV Rock- by and William G. Brown. Martin also owns Stewart Freeman and Robert Simpkins, who ford, 111. ( "Changing Hands, "June 22). WQsC(FM) Andrews, S.C. Moor and Brown also own WWBD(AM) -WWLT(FM) Bamberg Pompadur also has interest in Television Sta- own WTIF(AM)- w1YF(FM) and Tifton, Ga., Denmark, S.C., and WPFR -AM -FM Terre tion Partners, New York -based group of four WZKS(FM) Jessup, Ga. Buyer is owned by Ian Haute, Ind. WPGO is on 106.3 mhz with 3 TV's. KHAK is daytimer on 1360 khz with I N. (Sandy) Wheeler and Charles S. Gold - kw and antenna 328 feet above kw. KHAK average ter- -FM is on 98.1 mhz with 100 kw mark. Wheeler heads Family Group Broad- rain. and antenna 485 feet above average terrain. casting, Tampa, Fla. -based group of four Kso is on 1460 khz full time with 5 kw. AM's, four FM's and five TV's. Goldmark is WATP(AM) -WKXS(FM) Marion, S.C. Sold by KGGO is on 94.9 mhz with 100 kw and an- general manager of wHQT FM Miami. WXDJ- Winfas of Inc. to Marion tenna 1,059 feet above average terrain. is and FM on 95.7 mhz with 100 kw antenna Christian Radio Inc. for $450,000. Seller is WAMX is on 93.7 mhz with 100 kw and 982 feet above average terrain. Broker: group of two AM's and four FM's antenna 741 feet above average terrain. principal- Chapman Associates. ly owned by W.S. Foster. Buyer is Norfolk, WBYU is on 95.7 mhz with 100 kw and an- WVBM(FM) Springfield, Fla. Sold by Va. -based group of 14 AM's and tenna 580 feet above average terrain. WNBF five FM's V.B.M. Enterprises Inc. to Royal Palm owned by Levi E. Willis. WATP is daytimer is on 1290 khz full time with 5 kw. WHWK is Communications Inc. for $800,000. Seller is on 1430 khz with 1 kw. WKXS is on 94.3 on 98.1 mhz with 10 kw and antenna 960 owned by Victor Battle and his brother, Mi- mhz with 3 kw and antenna 512 feet above feet above average terrain. WYRK is on chael, who have no other broadcast inter- average terrain. 106.5 mhz with 50 kw and antenna 390 feet above average terrain. WCMF is on 96.5 mhz with 50 kw and antenna 457 feet above aver- age terrain. WDAO is daytimer on 1210 khz MBC COMMUNICATIONS SOUTHWEST, INC. with I kw. WWSN is on 107.7 mhz with 50 Richard C. Dean. President kw and antenna 420 feet above average ter- rain. WIMZ is on 1240 khz full time with I has acquired kw. WIMZ -FM is on 103.5 mhz with 100 kw and antenna 1,723 feet above average ter- KKJYFM rain. WGNT is on 930 khz with 5 kw day and I kw night. Broker: Cecil L. Richards Inc. Albuquerque, KOAM -TV Pittsburg, Kan. -Joplin, Mo. Sold for by Draper Communications to KOAM -TV Acquisition Limited Partnership for $15 mil- $3,300,000 lion. Seller is Salisbury, Md. -based group of three TV's principally owned by Tom Drap- from er. Buyer is company formed by David Croll, principal in TA Associates, Boston - Roughrider Broadcasting Corp. of New Mexico based investment banking firm. KOAM -TV is CBS affiliate on channel 7 with 316 kw visu- The undersigned initiated this transaction and al, 63.1 kw aural and antenna 1,090 feet assisted the parties in negotiations. above average terrain. Broker: Sandler Cap- ital Management. WFLN -FM Philadelphia Sold by Franklin 11 ftofL Broadcasting Co. to Marlin Ltd. Broadcast- ing Inc. for about $15 million. Seller is owned by Raymond F. Green, who will re- RICHARDS INC., main as general manager; his father, Ray- A Confidential Service to Owners d Qualified Buyers mond S. Green, and Eleanor Smith and fam- ily. It has no other broadcast interests. Buyer is owned by Howard P. Tanger and family. It NEGOTIATIONS FINANCING APPRAISALS also owns WTMI -FM Miami and WQRS -FM TV CATV RADIO NEWSPAPERS Detroit. WFLN is on 95.7 mhz with 50 kw and antenna 500 feet above average terrain. Broker: Blackburn & Co. 7700 LEESBURG PIKE 540 FRONTAGE ROAD FALLS CHURCH. VA 22043 NORTHFIELD. WWWE(AM) -WDOK(FM) Cleveland Sold by IL 60093 (703) 821 -2552 (312) 441 -7200 Lake Erie Radio Co. to Erie Radio Co. for $13 -$14 million. Seller is owned by Arthur

Broadcasting Aug 10 1987 65 I CABLE homes with 5,500 subscribers and 210 miles Systems serving Nauvoo. III.; Montrose and Iowa, and Alexandria, Mo. Sold System serving Woburn, Mass. Sold by of plant. Broker: Daniels & Associates. Bonaparte, Cass TV Inc. to Triax Develop- Colony Communications to Continental Ca- by Cable System serving Chambers, Jefferson and Or- Co. for estimated $1.5 -$2.5 million. blevision Inc. for estimated $35 -$45 mil- ment ange, all Texas Sold by N.E.T. Systems and Seller is Virginia, Ill. -based MSO with sys- lion. Seller, headed by Jack C. Clifford, is Peninsula Cable Ltd. to Showcase Commu- in states serving approximately 34th largest cable MSO with 265,000 sub- tems three nications Inc. for estimated $2.8 -$3.7 mil- 14,000 subscribers. It is owned by Gerald scribers. It is owned by Providence Journal lion. Sellers are owned by Dave Wood, who Buyer is also Co., publisher of Providence (R.I.) Journal Gill and Russell Decker. has no other cable interests. Buyer, headed system in Avon, Ill. (see above). and owner of three TV's. Buyer is third larg- buying by Richard Levinson, is Livingston, N.J. - pass 2,935 homes with 1,220 sub- est cable MSO with over 1.5 million sub- Systems based investor with no other cable interests. scribers and 41 miles of plant. Broker: Dan- scribers; it is headed by Timothy P. Neher, System passes 7,500 homes with 2,200 sub- president. Woburn system passes 41,000 iels & Associates. scribers and 147 miles of plant. Broker: Ca- homes with approximately 30,000 subscrib- Systems serving Mont Alto, St. Thomas and ble Investments Inc. ers and 508 miles of plant. Quincy, all Sold by Classic Cable Ltd. to Raystay Co. for estimated System serving Framingham, Mass. Sold System serving Avon, Ill. Sold by Nova -$2 million. Seller is owned by Cable by Community Cablevision of Framingham Communications Inc. to Triax Development $1.5 Com Inc., Littlestown, Pa. -based MSO Associates to Framingham Cable Television Co. for estimated $2.7 -$3.4 million. Seller headed by John Bambach, president. It owns Limited Partnership for $12.8 million. Seller is headed by Robert G. Fischer. It has no eight systems in Maryland and Pennsylva- is headed by Elmer Goldman and has no other cable interests. Buyer is Barrington, nia. It also sold system serving 360 subscrib- other cable interests. Buyer is joint venture I11. -based MSO headed by James DeSor- in Funkstown, Md., to Antietam Cable of Vento & Co. and CMS Investment Re- rento, chairman. It owns systems in Indiana, ers TV. Buyer is owned by George Garder. It sources. Vento is Rosslyn, Va. -based real es- Michigan and Ohio serving approximately owns six other systems in Pennsylvania. tate firm headed by Gerald T. Vento. CMS is 25,000 subscribers. System passes 3,825 also Systems serve 1,350 subscribers with 15 Philadelphia -based investment banking homes with 2,180 subscribers and 62 miles miles of plant. Broker: Conrm u n ications Eq- firm. Framingham system passes 18,200 of plant. Broker: Daniels & Associates. homes with 10,100 subscribers and 207 uity Associates. miles of plant. System serving Faulkner County, Greenbrier For other proposed and approved sales see System serving Hendricks County, Ind. and Perryville, Ark. Sold by Greenbrier Ca- "For the Record," page 71. Sold by Sinclair TeleCable Inc. to American ble TV Inc. and Perryville Cable TV Inc. for Television & Communications Corp. for es- estimated $2 -$3 million. Seller is owned by timated $6.5 -$8.5 million. Seller is owned Roy L. Montgomery, John Hastings and Vir- NABET, NBC remain at odds. Union by John Sinclair, who also owns system in gil Richardson. It has no other cable inter- leaders representing NBC's 2,800 strik- West Yellowstone, Mont. Buyer is second ests. Buyer is headed by Rick Snyder, presi- ing technical workers have reaffirmed largest cable MSO with almost three million dent. It also owns system near Columbia, their decision not to expose the net- subscribers. Based in Englewood, Colo., S.C. System passes 3,200 homes with 1,100 work's new contract offer to a nation- publicly owned ATC is headed by Trygve subscribers and 71 miles of plant. Broker: wide membership vote, despite re- Myhren, chairman. System passes 8.400 Coaxial Capital. quests to that effect by union locals in Burbank and Chicago. Members of the two NBC locals, larg- est outside New York, argued that a Closed: membership vote rejecting the NBC June 30. 1987 package would force the network to re- VT consider what it has characterized as WSYB/WRUT Rutland, its "final offer." But the negotiating team from Simon Goldman to Allan Roberts for for the National Association of Broad- cast Employes and Technicians decid- ed in a conference call last Wednesday cash a $2,700,000 that little could be gained by such national mail tally, which could take sev- eral weeks to conduct. The walkout of 2,800 engineers, newswriters and others began June 29 in disputes over the increased use of temporary employes and other jurisdic- tional issues. In Burbank, NABET negotiator Carrie Biggs -Adams said a "sizable majority" in a voice vote at a meeting July 31, wanted the national membership to vote on the package. A later tally showed that 253 of the members pre- sent would vote to reject the NBC offer, with 80 voting to accept it. According to NABET's Chicago local negotiator Richard Beidel, 92 local Allan Roberts, Dan Gammon. Sv Goidman members agreed in a July 31 meeting to bring the contract to a membership vote, with 61 opposed. Another 51 AMERICOM members were not present at the meet- ing (NBC NABET membership in Chica- go totals about 280 to 300). Beidell said local members were confident the Radio Station Brokerage & Financing package would be rejected by the na- Suite 500 / 1130 Connecticut Ave., N.W. / Washington, DC 20036 / (202) 737-9000 tional membership.

Broadcasting Aug 10 1987 RR Telemundo stakes its future on Hispanic audience Backed by public stock offering, said its executives. The other half is getting Spanish network- station group advertisers interested in reaching the His- is out to buy more stations panic population through television. There are hundreds of national advertisers who The remains of what Reliance Capital Group have not tried to do so, said Silverman, and L.P. acquired when it successfully bid for as a result, Hispanic TV expenditures repre- John Blair & Co. one year ago are now being sented only 0.8% of television's $22- billion taken public again. Blair's two Spanish -lan- total revenue, significantly below Hispanic's guage television stations have since been 8.8% share of population. Telemundo's chief combined with two other Hispanic TV sta- executive officer said: "We have to persuade tions and a growing network operation under the advertisers that our viewers are not just the corporate banner, Telemundo Group Inc. recent arrivals [immigrants] or very old peo- By going public, said Henry Silverman, ple." Telemundo's chief executive officer, the The underdeveloped state of Hispanic stock can be more easily used as consider- television advertising and the start-up phase ation to purchase additional TV stations. By of Telemundo result in half of its advertising the end of 1988, Silverman thinks, Tele- inventory going unsold. And with smaller mundo may own perhaps "four or five," be- coverage and a start -up marketing operation, yond those acquisitions already contemplat- the network's rates are generally half those ed. Among the prospective Hispanic of Univision, Raider said. markets: Phoenix and Tucson, both Arizona, In the individual markets, New York and and Albuquerque, N.M. Silverman San Juan are dominated by Telemundo's The four stations Telemundo owns - WNJU(TV) and WKAQ -TV, respectively, while WNJU -TV Newark, N.J. (New York); officer, Donald G. Raider, the latter speaking in Miami and Los Angeles, Univision- KVEA(TV) Los Angeles; wsCV(TV) Fort Lau- before the New York Academy of Television owned stations are the clear leader. Univi- derdale (Miami), Fla., and WKAQ -TV San Arts and Sciences, indicated it will be hard sion's Mexican- produced programing may Juan, P.R. -cover 47% of the Hispanic pop- for the company to avoid above -ordinary give it a permanent edge in the large Mexi- ulation in the U.S. and Puerto Rico. That revenue growth. can community in Los Angeles, Silverman will rise to 57% when the deal for KSTS(TV) The Hispanic population, which has more said, but Telemundo has a chance of overtak- San Jose, Calif., closes (scheduled for to- than doubled since 1970, will continue to ing the incumbent network in Miami. morrow); with the construction of channel grow rapidly, said Raider. "We believe the The company expects to expand network 48 Galveston (Houston), Tex., a station Te- immigration rates are still quite high." Tele- programing from the current 25 hours per lemundo has an option to purchase, and with mundo pegs the current Spanish -speaking week to 40 hours per week by the end of the coverage given by Chicago affiliate population at 22.3 million, or 8.8% of the 1987. Among its current program offerings WCIU -TV. U.S. population, a percentage Raider said are four hour-long "novellas" (soap operas) Telemundo proposes an $11 to $13 per would rise to 11% to 12% if the census prop- five days a week and, on Sunday evenings, a share price for the two million shares being erly counted Hispanics. half -hour music /variety show, a half -hour offered -through Drexel Burnham Lambert Undermeasurement of the viewing audi- Jacques Cousteau series from Turner Broad- & Co., and Bear Stearns & Co. -for public ence is also a problem, said Raider. Tele- casting System and a network movie. Raider ownership, or roughly 15% of the 13.6 mil- mundo and Univision would be willing to said the company scaled down a planned lion shares outstanding. That would imply a fund a better rating service, he added, and five- day -a -week Hispanic home shopping company value of roughly $320 million- they have "been in constant conversation" show, but was "close to an agreement" on a the $164- million stock market capitalization with the rating services. weekly version. plus long -term debt minus liquid assets. Increasing its coverage of Hispanic view- Programing costs to date have not been a That value is a hefty multiple of 1986 cash ers and getting those viewers properly count- problem. The network pays $5,000 for the flow -40 times the $8 million after corpo- ed are only half of Telemundo's challenge, North American rights to a one -hour "novel- rate expenses and 25 times the $12.9 million before corporate expenses -and suggests that the offering is being sold to investors on growth prospects rather than current earn- "25 YEARS EXPERIENCE GOES INTO EVERY SALE" ings, of which there are none. EAST 580 East 77th Street In the first three months of 1987, revenue Suite 1909 was up 16%, to $14.5 million, and jumped New York NY 10021 36% in the following two -month period, for (212) 288-0737 a five -month total of $29.7 million, up 25%. WEST Furthermore, as Silverman noted at an inves- 9701 Wilshire Boulevard Suite 700 tors presentation last Wednesday in New Beverly Hills CA 90212 York, Telemundo was not operating during (213) 275-9266 the previous upfront selling season for Span- SOUTH ish television, which he said takes place in 11285 Elkins Road zd October. Suite J -8 Advertising dollars are also surging to the Roswell GA 30076 (404) 442-5711 TV RADIO CABLE APPRAISALS benefit of the incumbent Hispanic network. HAL GORE, Vice -pres. Univision, which a source familiar with that company said is experiencing similar gains. Silverman and Telemundo's chief operating

Broadcasting Aug 10 1987 67 Second-quarter television network revenues up slightly

The second -quarter results reported for the three television net- For daytime, the continuing decline eased in the second quarter, works last week can only be said to be encouraging by comparison with the $299.7 million total off 6.6% from last year's second quarter. with the first -quarter numbers. Net revenue for ABC, CBS and NBC The first -half total was $552.3 million, down 9.5 %. A further decline increased in the second quarter by 2.53 %, to $1,745,873,000, com- is widely expected for the third quarter because a significant pared to flat first -quarter results. amount of ABC's inventory, if not of other networks as well, will be That small a percentage increase is not likely to have supported used for advertiser make -goods. gains at all three networks, especially given the likely strength of Sports revenue jumped 21.7% to $199.3 million, bringing the first - NBC's advance. With ABC having also claimed an increase for the half total to $491.6 million, up 16.2 %. News fell behind sports as the quarter, the implication suggests the CBS television network had third largest daypart, with second -quarter revenue of $195 million, declining revenue. The networks' revenue figures, which are unau- down 3 %. First -half results showed news revenue of $342.9 million, dited, are compiled by Arthur Young & Co.. down 6.9 %. Late -night revenue of $82.4 million was flat from a year By dayparts, the trends evident in recent quarters largely repeat- ago, while first -half numbers were up 1 %, to $143.6 million. ed themselves, with gains in prime time and sports offset by a The strong first -quarter gain in revenue from children's program- continuing fall in daytime and children's revenue. Prime time rev- ing was not repeated in the second quarter, with the $36.6 million enue was $932.8 million, up 4.1 %, bringing the first -half total to total off 4.8% from last year. First -half revenue in that daypart was $1.79 billion, up 3.2 %. $57.9 million, up 2.3 %. 1987 versus 1986 (Add 000) Prime Time Late Night Daytime Children Spotts News Total Revenue from client -supplied programing Second quarter '86 $5,486 $0 $0 $0 $0 $0 $5,486 Second quarter '87 12,162 0 315 o 2,598 o 15,075 % increase (decrease) 121.69 0 315 o 2,598 o 174.79 All other gross revenue from time sales' Second quarter '86 1,050,749 98,756 377,324 45,194 192,629 232,428 1.997,080 Second quarter '87 1,084,999 96,983 351,862 42,960 230,874 229,325 2,037,003 % increase (decrease) 3.26 (1.80) (6.75) (4.94) 19.85 (1.34) 2.00 Total gross revenue from time sales Second quarter '86 1,056,235 98,756 377,324 45,194 192,629 232,428 2,002,566 Second quarter '87 1,097,161 96,983 352,177 42,960 233,472 229,325 2,052,078 % increase (decrease) 3.87 (1.80) (6.66) (4.94) 21.20 (1.34) 2.47 Less advertising agency commissions Second quarter '86 160,017 16,318 56,435 6,791 28,875 31,303 299,739 Second quarter '87 164,315 14,548 52,495 6,405 34,159 34,283 306,205 % (decrease) 2.69 (10.85) (6.98) (5.68) 18.30 9.52 2.16 Total net revenue from time sales Second quarter '86 896,218 82,438 320,889 38,403 163,754 201,125 1,702,827 Second quarter '87 932,846 82,435 299,682 36,555 199,313 195.042 1,745,873 % increase (decrease) 4.09 0 (6.61) (4.81) 21.71 (3.02) 2.53

'Includes $18,558,000 in color insertion revenue reported by three networks for 1987 second quarter and $16,814,000 for 1986 second quarter. la," compared to the roughly $800,000 to $1 per newscast), while CBS spent roughly combination of controlled costs and adver- million to produce a prime time soap opera $190 million on "hard news" the previous tising revenue increases into significant on ABC, CBS and NBC. Some of Telemun- year. But currently the company's 30- second gains of cash flow. Specifically the Tele- do's cost savings are not of its choice. Raider spots sell at about the same discount to the mundo chief executive officer thinks that as said the network is not allowed to bid for a three "Anglo" networks -30 seconds in No- measured audience and advertiser familiar- program's dubbed rights in a market where ticiero Telemundo sell for $1,000 compared ity increase, advertising avails will become that same program's English -language ver- to perhaps $60,000 for the same on the CBS more scarce (they are now around 50 %), and sion is already running. Evening News. advertising rates will jump "geometrically, In news, the network's week nightly half- It has been Silverman's bottom -line pitch not just arithmetically." hour Noticiero Telemundo costs roughly to potential investors during the past two That kind of mathematics is causing the S3.4 million a year to produce (or $13,000 weeks that Telemundo can "leverage" the company to project cash flow gains of roughly 60% for this year, according to an informed source. The roughly $20 million in cash flow expected in 1987 would easily 1R.A. Marshall & Co. cover the $12 million in cash interest ex- > pense and other cash fixed charges Tele- \ / Media Investment Analysts ¿ Brokers mundo faces following the public offerings. In addition to the public stock offering, Reliance and other existing shareholders will be putting in close to $60 million of addi- tional capital. The company is also refinanc- Coastal southeastern FM station serving top 200 market. ing some of its debt by issuing zero coupon present value. Five $ 1.75 million notes at $106 million, years from now those interest -deferred notes, depending on their interest rate, would represent a sum of $205 million to $225 million which Telemundo would have next few 508 Pineland Office Center to repay, or refinance. But for the years at least, Telemundo may be able to 29928, 803- 681 -5252 Hilton Head Island, South Carolina wait for the Spanish- language TV business to catch up.

Broadcasting Aug 10 1987 AR Good marks for Gulf press pool Pentagon, media generally pleased; about a half -hour after bringing their cam- accounts, a second pool, arranged at the re- one major snag in getting CNN film: eras out of the air- conditioned cabins to the gional level by the Navy's Middle East com- regional pool for return voyage deck before all the condensation had evapo- mand for the trip of the convoy back through criticized for lack of radio rated. Emissions from the ship's radar sys- the Gulf to Kuwait was said not to have gone tems caused interference to both the video so well. At deadline, those involved were The Pentagon coordinated the first national and audio signals, although that was largely still en route and couldn't be reach for com- press pool for a real military operation since remedied by wrapping the videocassette ment, although access was said to be consid- reaching a 1984 agreement with the media tapes in tinfoil. erably restricted, compared to the national after the press was excluded from the initial The Pentagon seemed equally pleased pool. The regional pool was arranged after stages of the U.S. military operation in with the way things went, if a bit embar- the press asked for it so that they would not Grenada. The pool was organized in secret rassed by the misscheduled courier. "Basi- miss a possible story on the return trip. to facilitate coverage of a U.S. naval escort cally the Pentagon is very satisfied," said One medium was not represented in that of Kuwaiti oil tankers through the Persian Commander Chris Baumann in the Penta- second pool-radio. ABC Radio, responsi- Gulf. Both the media and the Pentagon said gon's public affairs office. "The journalists ble for pool coverage in the current quarter last week that with the exception of one ma- were cooperative. They had the run of the protested loudly, as did others in the indus- jor glitch that delayed for several days deliv- ship and could talk to anybody they wanted try, including Ron Nessen, vice president, ery of CNN film footage of the convoy's to, and did." news, Mutual Radio. Nessen, in a complaint activities, the pool ran smoothly. One way to avoid delays such as the to the Pentagon, wrote to protest "in the There were 10 media representatives in missed courier connection in the future strongest possible terms the exclusion of a the national pool: CNN reporter Carl Ro- would be to have a transportable uplink on radio reporter from the [second] media pool chelle and his two -man camera crew; an As- the ship. The possibility has been discussed covering developments in the Persian Gulf." sociated Press reporter and a UPI still pho- and, according to Baumann, the Pentagon ABC Radio's Robin Sproul said she protest- tographer; reporters from Knight Ridder, would okay its use if the networks wanted to ed vigorously to no avail. The word she re- Tinte magazine and ; bring one along. CNN said last week it was ceived was that "space was crucial; it was a a reporter from ABC Radio, and a reporter exploring the possibility of using one in fu- scaled -down pool that couldn't serve every- for the Navy. ture pools. one." A Pentagon spokesman said the issue The one delay in getting footage out did While the national pool went well by most was being addressed. not affect coverage of the oil tanker Bridge- ton, which hit a mine on its third day at sea. That footage was delivered within hours to the tiny gulf country of Bahrain, where it was uplinked to the U.S. The delay -of footage of the formal trans- fer of the tankers from Kuwaiti to U.S. flags-resulted from a missed connection with a naval courier who was to pick up the film from the U.S.S. Kidd, the guided mis- AVAILABLE sile destroyer where the CNN crew was sta- tioned. Both Rochelle and a Pentagon spokesman confirmed that the Navy inad- MAJOR MARKET INDEPENDENT TV NEW SUNBELT TOP 50 MARKET TV vertently scheduled the courier to pick up the footage a half -hour after the scheduled de- NORTHEAST EXCELLENT FOR RELIGIOUS GROUP parture of the convoy through the Gulf on $ 10MM $3.5MM Wednesday morning (July 22). While that experience proved frustrating, Rochelle gave the Defense Department and SUNBELT CLASS "C" the Navy generally high marks for their co- NEAR MAJOR MILITARY INSTALLATION operation, as well as for the access the CNN $750K crew was given while aboard the Kidd, in- cluding interviews with key officers, and ac- cesss to all aspects of the operation with the DOMINANT ROCKY MOUNTAIN COMBO EXCELLENT VHF INDEPENDENT exception of secure communications. FULL-TIME LOW FREQUENCY AM TOP 75 MARKET The pool concept was designed to afford MOUNTAIN TOP "C" FM MAJORITY CONTROL AVAILABLE the media access to important military oper- ations without compromising the security of $850K $2.5MM such operations. To insure secrecy, reporters were called Saturday night (July 18) and told to be at CLIFTON GARDINER Andrews Air Force Base by midnight. They & A S S O C I A T E S I were flown via Frankfurt to a location in the N C Middle East they were barred from disclos- Communications Brokers ing. "We hit the ground at 3 a.m. and it was 100 degrees," said Rochelle. 433 Park Point Drive Golden, Colorado 80401 (303) 526-1458 In the daylight, the temperature reached 120 degrees with 95% humidity on the deck of the ship. The CNN crew had to wait for

Broadcasting Aug 10 1987 69 MockendeK Market Market Closing Closing Capitali- Closing Closing Capitali- Wed Wed Net Percent PIE zation Wed Wed Net Percent PIE ration Aug 5 Jul 29 Change Change Ratio (000,000) Aug 5 Jul 29 Change Change Ratio (000.000) BROADCASTING PROGRAMING

-9 129 N (CCB) Capital Cities ABC 414 1/8 410 4 1 8 01.00 33 6.695 N (PLA) Playboy Ent. 13 3/4 13 5/8 1/8 00.91 N (CBS) CBS 188 3/8 192 3/4 - 4 3/8 -02.26 10 4,428 O (OVCN) ()VC Network 10 10 3/4 - 3/4 - 06.97 65 O (CLCH) Clear Channel 18 18 00.00 39 58 O (RVCC) Reeves Commun 12 7/8 12 7/8 00.00 1287 161

O (INFTA)Inflnity Broadcasting 23 3/4 22 3/4 1 0439 -182 199 O (RPICA) Republic Plc. 'A' . 9 1/8 9 1/8 00.00 101 39 7 O (JCOR) Jacor Commun 7 3/4 8 - 1/4 -03.12 44 O (RPICB) Republic Pic. 'B' . 9 3/4 9 3/4 00.00 69 O (LINB) LIN 47 3/8 47 3/8 00.79 38 2525 A (RHI) Robert Halmi 3 5/8 3 3/4 - 1/8 -03.33 14 81 O (MALR) Mainte 11 11 1/8 - 1/8 -01.12 -15 150 O (SMNI) Sat. Music Net 4 3/8 4 5/8 - 1/4 -05.40 109 39 18 O (MALRA) Mainte 'A ... , 11 11 00.00 -15 150 O (TRSP) hi -Star Pictures . . 10 3/8 10 3/4 - 3/8 -03.48 319 O (OBCCC)Olympic Broadcast 8 8 00.00 20 N (WCI) Warner 37 3/8 37 7/8 - 1/2 -01.32 29 4.662

O (OCOMA) Outlet Commun. 19 18 1 05.55 -7 120 O (WWTV) Western World TV 1 1/2 1 1/2 0000 9 1

A (PR) Price Commun 16 15 5/8 3/8 02.40 -8 137 O (WONE) Westwood One . . 30 29 1 03.44 69 367 O (SCRP) Scripps Howard 81 81 00.00 152 836 SERVICE O (SUNN) SunGroup Inc 1 314 1 1/2 1/4 16.66 -2 4 N (TFB) Taft 151 1/2 151 1/2 00.00 -23 1.388 O (BSIM) Burnup & Sims . . 6 5/8 6 5/8 00.00 66 105 O (TVXG) TVX Broadcast 9 1/2 9 1/2 00.00 -4 56 O (CVSI) Compact Video 4 3/8 4 5/8 - 1/4 -05.40 -11 28 O (UNI) United Television 31 7/8 32 1/4 3/8 42 - -01.16 349 N (CO) Comsat 31 3/4 30 3/4 1 03.25 10 582 BROADCASTING WITH OTHER MAJOR INTERESTS N (FCB) Foote Cone & 8 59 3/8 59 1/8 1/4 00.42 18 247 O (GREY) Grey Advertising . 114 115 - 1 -00.86 17 138 75 74 1 25 805 N (BLC) A.H. Belo 01.35 O (IDBX)IDB Communications 14 1/4 13 1/2 3/4 05.55 57 57 40 269 A (AAR) Adams Russell 40 3/8 3/8 00.00 807 N (IPG) Interpublic Group 36 7/8 36 7/8 00.00 19 817 79 1/2 75 1/2 4 41 A (AFP) Affiliated Pubs 05.29 2,810 N (JWT) JWT Group 55 1/4 55 1/4 00.00 394 533 Amer. Comm. & TV 1/32 3/32 1/16 -66.66 2 O (ASTV) - A (MOV) Movielab 6 3/4 6 3/4 00.00 11 N (AFL) American Family . . 14 1/4 13 1/4 1 07.54 13 1,145 O (OGIL) Ogilvy Group. . . . 37 1/4 38 1/4 - 1 -02.61 21 513 O (ACCMA) Assoc. Commun. 36 35 1/4 3/4 02.12 343 O (OMCM) Omnicom Group . 24 23 3/8 5/8 02.67 -109 588 0 (BMAC) Bus. Men's Assur. 42 39 3/4 2 114 0666 -17 442 O (SACHY) Saatchi & Saatchi 31 1/8 32 3/8 - 1 1/4 -03.86 18 2.141 1 44 N (CCN) Chris -Craft 29 27 3/8 5/8 05.93 584 O (TLMT) Telemation 3 1/8 2 7/8 1/4 08.69 12 14 . 64 7/8 1/2 -00.76 27 9.862 N (DNB) Dun & Bradstreet. 65 3/8 - A (TPO) TEMPO Enterprises 8 1/2 8 7/8 - 3/8 - 04.22 19 48 O Durham Corp 32 5/8 33 3/8 -01.13 19 278 (DUCO) - A (UNV) Unite! Video 11 11 1/2 - 1/2 -04.34 32 23 N (GdI) Gannett Co 51 1/4 52 3/8 - 1 1/8 - 02.14 29 8,279 N (GY) GenCorp 111 109 1/8 1 7/8 01.71 19 2.479 CABLE

N (GCN) General Cinema . . 60 1/2 61 1/4 - 3/4 -01.22 17 2210 19 3/4 18 3/8 1 3/8 07.48 24 23 O (GLOM) Gray Commun 205 198 7 03.53 35 101 A (ATN) Acton Corp .. A (ACN) American Cable... 26 1/2 25 1/8 1 3/8 05.47 -56 249 N (JP) Jefferson-Pilot . . . . 33 3/4 34 5/8 - 7/8 -02.52 12 1.356 A (CVC) Sys. 'A' 31 3/4 30 3/8 1 3/8 04.52 -54 667 O (JSON) Josephson Intl 14 3/8 14 1/2 - 1/8 -00.86 3 64 Cablevision N (CNT) Centel Corp. 69 3/4 67 5/8 2 1/8 03.14 18 2,014 N (KRI) Knight- Ridder 56 3/4 56 7/8 - 118 -00.21 23 3,242 20 1/2 19 1/4 1 1/4 06.49 2050 592 N (LEE) Lee Enterprises 27 1/2 27 1/8 3/8 01.38 16 684 O (CCCOA) Century Commun. O (CMCSA) Comcast 26 1/8 26 1/2 3/8 -01.41 55 997 N (LC) Liberty 44 5/8 45 - 3/8 -00.83 16 426 - O (ESSXA) Essex Commun 22 7/8 22 3/4 1/8 00.54 -51 81 N (MHP) McGraw -Hill 75 76 112 - 1 12 -01.96 25 3.789 A (FAL)Falcon Cable Systems 19 1/4 19 1/4 00.00 -60 111 A (MEGA) Media General . . 46 48 1/4 - 2 1/4 -04.66 71 1.297 N (HCI) . 33 5/8 33 5/8 00.00 -34 752 N (MDP) Meredith Corp 39 5/8 37 1/4 2 3/8 06.37 21 758 Heritage Commun. O (JOIN) Jones lntercable . . 15 3/4 15 1/2 1/4 01.61 49 200 O (MMEDC) Multimedia 72 3/4 71 1/2 1 1/4 01.74 -66 800 T (MHP.Q) Maclean Hunter 'X' 23 22 1/2 12 02.22 31 847 A (NYTA) New York Tames . . 46 5/8 47 1/2 - 7/8 -01.84 27 3,823 Rogers Cable A 17 3/4 18 5/8 7/8 04.69 91 O (NWS) News Corp. Ltd 28 1/2 28 7/8 - 3/8 -01.29 18 3,612 O (RCCAA) - - O (TCAT) TCA Cable TV 26 1/8 26 3/4 - 5/8 - 02.33 50 282 O (PARC) Park Commun. . . 33 3/4 33 12 1/4 00.74 30 465 O Tele- Commun.. 26 38 12 -31.57 28 2,515 0 (PLTZ) Pulitzer Publishing. 40 1/2 40 1/4 1/4 00.62 35 424 (TCOMA) - Inc. 110 1/2 110 3/8 1/8 00.11 18 6.889 N (REL) Reliance Group Hold. 10 1/8 9 7/8 1/4 02.53 11 759 N (TL) lime O (UACI) United Art. Commun. 29 1/4 29 3/4 1/2 -01.68 162 1,201 O (RTRSY) Reuters Ltd 82 7/8 86 1/4 - 3 3/8 -03.91 47 34405 - N (UCT) United Cable TV . . 38 3/4 38 1/2 1/4 00.64 553 943 T (SKHQ) Selkirk 24 1/2 23 1 1/2 06.52 53 198 N (VIA) Viacom 20 21 1/8 - 1 1/8 -05.32 -76 704 O (STAUF) Stauffer Commun. 162 165 - 3 -01.81 26 162 114 N (WU) Union , . 4 1/4 4 06.25 103 A (TO) Tech/Ops Inc. 35 1/8 35 7/8 - 3/4 -02.09 15 76 Western N Times Mirror 100 3/4 102 1 1/4 -01.22 15 6.497 (TMC) - ELECTRONICS /MANUFACTURING O (TMCI) TM Communications 2 3/4 2 3/4 00.00 12 21 TPC 5/8 7/8 1/4 28.57 6 O (TPCC) Commun - - N (MMM) 3M 73 7/8 72 1/4 1 5/8 02.24 20 16,882 43 3/4 44 3/4 1 -02.23 12 3.463 N (TRB) Tribune - N (ALD) Allied -Signal 46 7/8 44 3/8 2 12 05.63 13 8.176 A (TBS) limner Bcstg 24 7/8 24 1/8 3/4 03.10 -2 542 O (AMCI)AM Communications 1 3/8 1 3/8 00.00 -1 4 A Post. 237 229 8 03.49 30 3,039 (WPOB) Washington N (ARV) Arvin Industries 35 1/4 35 3/4 - 1/2 - 01.39 14 622 PROGRAMING O (CCBL) C -Cor Electronics. 10 1/2 10 7/8 - 3/8 - 03.44 29 21 O (CAN) Cable TV Indus 2 5/8 2 7/8 - 1/4 - 08.69 -8 7 9 1/2 9 1/4 1/4 7 176 O (SP) Aaron Spelling Prod 02.70 A (CEC) Cetec 6 3/8 6 1/4 1/8 02.00 212 12 TV 3 3/4 3 3/4 00.00 4 O (ALLT) All American N (CHY) Chyron 6 1/4 6 1/4 00.00 24 63 O (BRRS) Barris Indus 14 12 14 1/2 00.00 7 128 A (CXC) CMX Corp. 1 1/2 1 5/8 - 1/8 - 07.69 21 8 19 1/4 1 1/4 O (CMCO) C.O.M.B. 20 1/2 06.49 -60 371 A (COH) Cohu 8 3/8 8 1/2 - 1/8 - 01.47 22 15 N 47 3/8 47 3/8 00.00 19 18239 (KO) Coca -Cola N (EK) Eastman Kodak 95 1/4 93 7/8 1 3/8 01.46 42 21,505 A (CLR) Color Systems . 10 1/2 13 2 1/2 19.23 -6 53 - - O (ECIN) Elec Mis & Comm 2 1/8 1 7/8 1/4 13.33 8 A (DEG) De Laurentiis Ent 4 7/8 4 7/8 00.00 54 N (GRL) Gen. Instrument . . 38 1/4 37 1 1/4 03.37 -15 1,245 4 5/8 4 5/8 00.00 11 37 O (dcpi) dick clark prod N (GE) General Electric 59 58 5/8 3/8 00.63 23 53,799 72 1 1/8 01.54 29 9,662 N (DIS) Disney 73 7/8 3/4 O (GETE) Geotel Inc. 2 1/8 2 1/8 00.00 9 7 50 51 3/4 1 3/4 -03.38 25 4,837 N (DJ) Dow Jones á Co - N (HRS) Harris Corp. 36 1/8 34 1/2 1 5/8 04.71 19 1,467 10 9 7/8 1/8 01.26 52 117 O (FNNI) Financial News N (MAI) MIA Com. Inc 15 7/8 15 5/8 1/4 01.60 7 677 7/8 7/8 00.00 16 20 A (FE) Fries Entertain 3 3 O (MCDY) Microdyne 4 3/8 4 1/8 1/4 06.06 -3 19 N (GW) Gulf + Western 86 3/4 86 7/8 1/8 -00.14 20 5,348 - N (MOT) Motorola 58 5/8 56 3/4 1 7/8 03.30 36 7,537 Hal 10 1/8 9 3/4 3/8 03.84 56 O (HRSI) Roach N (NPH) N.A. Philips 42 1/2 43 1/4 - 3/4 -01.73 17 1,232 A (HHH) Heritage Entertain 8 8 3/4 - 3/4 - 08.57 8 36 N (OAK) Oak Industries 1 3/4 1 3/4 0000 2 126 15 05.00 46 1,353 A (HSN) Home Shopping Net. 15 3/4 3/4 A (PPI) Pico Products 6 1/2 6 1/2 08.33 -10 22 N King World 29 1/4 28 1/4 1 03.53 32 901 (KWP) N (SFA) Sci- Atlanta 17 7/8 16 3/4 1 1/8 06.71 -55 415 O 4 1/8 4 3/4 5/8 -13.15 8 10 (LAUR)Laurel Entertainment - N (SNE) Sony Corp 33 1/4 31 1/8 2 1/8 0982 39 7,688 A (LT) Lorimar-Telepictures . 15 3/8 15 1/4 1/8 00.81 703 N (TEK) Tektronix 38 3/4 37 1/2 1 1/4 03.33 25 1,493 N 61 61 5/8 5/8 -01.01 30 4,621 (MCA) MCA - N (VAR) Varian Assoc 37 1/4 34 1/2 2 3/4 07.97 -90 803 N (MGM) MGM /UA Commun. 12 3/8 12 5/8 1/4 -01.98 616 - N (WX) Westinghouse , 69 68 7/8 1/8 00.18 15 9.829 Pictures 10 10 1/4 1/4 -02.43 7 108 A (NWE) New World - N (ZE) Zenith 32 1/4 29 1/8 3 1/8 1012 -75 752 N (OPC) Orion Pictures 14 1/8 14 1/4 - 1/8 - 00.87 32 242 3.60 00.97 0 (MOVE) Peregrine Entertain. 6 5 3/4 1/4 0434 85 14 Standard & Poor's 400 . . 373.04 369.44

12 as by Standard & For or as obtained by T- Toronto, A- American, N -N.Y., 0 -OTC. Bid prices and common A stock used unless for the previous months published -two Aug. 3. otherwise noted. "O" in P/E ratio is deficit. P/E ratios are based on earnings per share BROADCASTING own research. Notes: " Three -for split,

Broadcasting Aug 10 1987 70 ' - ár te Recordo,

As compiled by BROADCASTING, July 30 Marion Christian Radio Inc. for $450.1100. Seller is group of also own KTVHITV) Helena. Mont. Buyer is principally two AM's and four FM's through Aug. 5, and based on filings, au- principally owned by W.S. Foster owned by John D. Manus. It also owns KLCY(AM)- and six others. Buyer is Norfolk -based group of 14 AM's and KYSSIFM) East Missoula. Mont.. and KLCI(FM) Nampa, thorizations and other FCC actions. live FM's owned by Levi E. Willis. Filed July 23. Idaho. Action July 23. Abbreviations: AFC For -Antenna Communications. W WEE(AM) Collicrsville. Tenn. ( 1 170 khz: I kw-DI- WWNH(AM)- WCYT(FM) Rochester. N.H. (AM: 930 AU- Administrative Law Judge. alt. -alternate. ann.- Seeks assignment of license from Albert L. Crain to Chancie khz: 5 kw -U: FM: 96.7 mhz; 3 kw: HAAT: 280 ft.)- Granted announced. ant.- antenna. aur.- aural. aux.- auxiliary. L. Pvlant and his son. Jeffrey. for SI65.000. Seller also has assignment of license from Strafford Broadcasting Corp. to CH -critical hours. CP -construction permit. D-day. interest in KDFT(AM) Ferris. Tex. Buyer has no other Salmanson Communications Partners I for S1.4 million. DA- directional antenna. Doc -Docket. ERP -effective broadcast interests. Filed July 22. Seller is principally owned by Marcia Ncscott. It has no radiated power. HAAT -height above average terrain. other broadcast interests. Buyer is owned by James A. Sal - KLMTIFM) Marlin. Tex. (96.7 mhz: 3 kw: HAAT: 300 khz -kilohertz. kw- kilowatts. m- meters. MEOC- manson and his wile. Eileen, and David Butterfield. Sal - 11.1 -Seeks assignment of license from Midwestern Broad- maxinmm expected operation value. mhz -megahertz. casting Inc. to Crowder Broadcasting Inc. for S245.000. manson is former president of Boston -based Adams drug mod.-m ditication. N- night. PSA- presunrise service Seller is owned by Jerry Garrison. who has no other broad- stores. Butterfield is sales consultant. It has no other broad- authority. RCL -remote control location. S- Scientific- cast interests. A- cast interests. Buyer is owned by Ronald E. Crowder. who Action July 22. Atlanta. SH- specified hours. SL -studio location. TL- has no other broadcast interests. Filed July 24. KOLO(AM) Reno (920 khz; 5 kw -D: I kw -NF- Granted transmitter locution. trans. transmitter. TPO- transmitter assignment of license from Donrey of Nevada Inc. to Con- power output. U- unlimited hours. vis.- visual. w- watts. Actions *-noncommercial. stant Communications Co. for $800.000. Seller is Fort WRBKIAM) Flomaton. Ala. (990 khz: 2.5 kw -D)- Smith. Ark. -based group of two AM's and one FM owned by Seeks assignment of license from Gulf Communications of Donald W. Reynolds. It publishes newspapers in 16 states Ala. to Gulf Communications of Northwest Fla. for $34.000 and operates cable systems in four states. Buyer is Portland, Ownership Changes and 20% of buyer stock. Seller is owned by Jerry Spencer Ore. -based group of two AM's and three FM's owned by and his wife, Jeannette. It has no other broadcast interests. Fred W. Constant. Action July 28. Buyer is owned by Richard Lott and his wife. Patricia. Gor- WROW -AM -FM Albany. N.Y.. and WLKW(FM) don Towne and seller. Jerry Spencer. It has no other broad- Applications Providence. R.I. (WLKW: 101.5 mhz: 50 kw: HAAT: 500 cast interests. Action July t2. WGF:: \- A \I -FM Geneva. Ala. (AM: 1150 khz; I kw -D: ft. WROW: 590 khz: 5 kw-D; I kw-N: WROW -FM: 95.5 FM: 93.5 mhr 3 kw: HAAT: 225 ft.) -Seeks assignment of WVLN(AM)- WSEI(FM) Olney, Ill. (AM: 740 khz: 250 mhz: 8.3 kw: HAAT: 1.020 ft.)- Granted assignment of license Iroin Geneva County Broadcasting Co. Inc. to Shel- w -D: FM: 92.9 mhz: 50 kw: HAAT: 500 ft.) -Granted as- license from JAG Communications Inc. to Wilks/Schwartz ley Broadcasting Co. for S241,5(M). Seller has no other signment of license from McPherson Media Inc. to V.L.N. Broadcasting for S15.390.000. Seller is owned by John A. broadcast interests. Buyer is owned by Jack Mizell. who also Broadcasting Inc. for S1.120.000. Seller is owned by Eu- Gambling and Morton Hamburg. It also owns WLIFIFM) owns WRJM- FM -TV, Troy. Ala. It recently filed app. to sell gene V. McPherson. It has no other broadcast interests. Buy- and WFOG(FM) Suffolk. Va. Buyer is WRIM(FMI to New South Communications and to buy er is Corbin. Ky. -based group of six AM's and four FM's Longmeadow. Mass. -based group of three AM's and four WCAJ -TV Bimtingham. Ala. Filed July 23. owned by Terry E. Forcht. Action July 21. FM's owned by Donald Wilks and Mike Schwartz. Action July 24. KFBK(AM)- KAER(FM) Sacramento (KFBK: 1530 KMON -AM -FM Great Falls. Mont. (AM: 560 khz: 5 khz: 50 kw -U: KAER: 92.5 mhz; 50 kw: HAAT: 449 11.)- kw -U: FM: 94.5 mhz: 36 kw: HAAT. 470 ft.)- Granted WUSV(TV) Schenectady. N.Y. (ch. 45; ERP vis. 5.000 Seeks assignment of license from McClatchy Newspapers to assignment of license from Great Northern Communications kw. aur. 500 kw: HAAT: 875 ft.)- Granted assignment of Group W Inc. for SI 9,001.000. Seller is Sacramento, Calif. - Inc. to Great Falls Broadcasting Co. for SI.4 million. Seller license from Union Street Video Inc., Debtor in possession based newspaper publisher owned by Eleanor McClatchy. is owned by Donald G. Bradley and Lyle A. Courtnage. who to Mohawk -Hudson Council on Educational Television for son. C.K. McClatchy. and family. It has no other broadcast interests. Buyer is subsidiay of Westinghouse Electric Corp.. publicly owned. New York -based diversified com- pany and station group of seven AM's. six FM's and five TV's. It is headed by Bun Staniar. Filed July 24. HOW MUCH IS YOUR STATION WORTH? WVBM( FM ) Springfield. Fla. 195.9 mhz: 3 kw; HAAT: 327 fi.) -Seeks assignment of license from V.B.M. Enter- prises Inc. to Royal Palm Communications Inc. for S800.(XM). Seller is owned by Victor 1 Battle. and his brother Michael, who have no other broadcast interests. Buyer is Our communications industry professionals can owned by Peter M. Bardach and James E. Normoyle. who help also own WSUSIFM) Franklin. N.J. Filed July 21. you answer this question.

WSEL -AM -FM Pontotoc. Miss. (AM: 1440 khz: I kw- D: FM: 96.7 mhz: 3 kw: HAAT: 300 ft. )-Seeks assignment We can assist you with preacquisition studies of license from Joseph Lowe to Steve McGowan and Jim that will enable you to assess the financial Powell for assumption of liabilities. Seller has no other broadcast interests. Buyer. McGowan owns WORJ-FM statement impact and tax effect of a proposed Ozark. Alu. Filed July 29. station purchase. WZOZIFM) Oneonta. N.Y. (103.1 mhz: 2 kw: HAAT: 360 11.1-Seeks assignment of license from Corgi Commu- nications Inc. to The Wireless Works Inc. for $650.000. In addition we can provide valuations for a Seller is owned by A.W. Lee. who has no other broadcast interests. Buyer owns WSLBIAM)- WPACIFM) Ogdens- variety of needs, including: burg and WVOS-AM-FM Liberty. N.Y. Filed July 23. WI'OO(FM) Shallotte. N.C. 1106.3 mhz: 3 kw: HAAT: -Allocation of purchase cost 328 ft. )-Seeks assignment of license from Oceanside Broadcasting Co. to Beach Broadcasting of N.C. Inc. for -Litigation $485.00). Seller is owned by A. Earl Milliken. who has no other broadcast interests. Buyer is owned by Stewart Free- -Buy/Sell Agreements man and Robert Simpkins, who also own WWBDIAMI- WWI-T(FM) Bamberg Denmark. S.C.. and WPFR -AM -FM -Estate Planning Terre Haute. Ind. Filed July 22. -ESOP Contribution WOMP -AM -FM Bellaire, Ohio (AM: 1290 khz: I kw- D. FM: 100.5 mhz: 14 kw: HAAT: 550 ft.) -Seeks assign- ment of license from First Valley Broadcasting Inc. to Heri- To find out more about our services call tage Broadcasting Co. for $4360.0(0. Seller is owned by Robert Dodenhoff and Daniel Wachs. who also own Steve Carr at 312 -565 -1500 or your local WKLX(FM) Rochester. N.Y. It was sold last year to Justice Price Waterhouse Broadcasting for $4.5 million ("Changing Hands," Oct. 27. office. 1986) but deal fell through. Buyer is owned by Mario F. lacobelli, who also owns WXXA(TV) Albany. N.Y.. and is buying KEZB -AM -FM El Paso ("Changing Hands.' June 22). Filed July 22. Price Waterhouse EXPECT MORE WATP(AM)- WKXS(FM) Marion. S.C. (AM: 1430khz: FROM US 1 kw -D: FM: 94.3 mhz: 3 kw: HAAT: 512 ft. )-Seeks as- signment of license from Winfas of South Carolina Inc. to

Broadcasting Aug 10 1987 71 51.8 million. Seller is owned by U. Bertram Ellis, who has other broadcast interests. Buyer is owned by Glen T. Mills no other broadcast interests. Buyer is nonprofit corporation and his wife, Diane. It has no other broadcast interests. headed by Sara Catlin. It also owns WMHT(TV) Schenec- Action July 28. New Stations tady, N.Y. Action July 24. WSIX -AM -FM Nashville (AM: 980 khz; 5 kw -U. DA WWNC(AM) Asheville, N.C. (570 khz; 5 kw -U)- N; FM: 97.9 mhz; 100 kw; HAAT: 1,140 ft.)-- Granted Granted assignment of license from Multimedia Inc. to Pine assignment of license from Foster Management Co. to Steve Applications Trails Broadcasting Co. for 57.250.000. Seller is publicly and Tom Hicks for $8.5 million cash. Seller is New York- owned, Cincinnati -based group of four AM's, four FM's and based venture capital firm principally owned by John Foster, FM's interests. five TV's, headed by James T. Lynaugh, president. Buyer is president. It has no other broadcast Buyer. Steve Hanford, Calif.- Hanford FM Radio seeks 94.5 mhz; 3 subsidiary of Heritage Broadcast Group, Tucker. Ga. -based Hicks. is principal owner of Hicks Communications, Aus- kw: HAAT: 328 ft. Address: 100 Robideaux Rd.. Aptos, group of four AM's and four FM's owned by James T. Cullen tin, Tex. -based group of two AM's and two FM's. Tom Hicks Calif. 95003. Principal is owned by Nayreth E. Wrathall and and Adam G. Polacek. Action July 23. is partner in Hicks & Haas, Dallas -based leverage capital her husband, Lawrence. It has no other broadcast interests. firm, and with his brother, Bill, owns WTAW(AM)- Filed July 30. KCFO -FM Tulsa. Okla. (98.5 mhz; 100 kw; HAAT: 660 KTSR(FM) College Station, Tex. Action July 24. ft.)- Granted assignment of license from Inspiration Media Lafayette, Ha.- Stephen D. Tarkenton seeks 99.9 mhz; -D; Inc. to First Stuart Corp. for $2,700,000. Seller is owned by KEZB -AM-FM El Paso (AM: 1150 khz; 1kw; 1kw 3 kw; HAAT: 328 ft. Address: 100 Wexford PI.. Athens. Ga. Stuart Epperson and Edward Atsinger, who own Salem Me- FM: 93.9 mhz; 100 kw; HAAT: 1,210 ft.)- Granted assign- 30606. Principal has no other broadcast interests. Filed July dia. Buyer is owned by Harold C. Stuart and family. who ment of license from Pasa Del Norte Communications Inc. to 20. also own Tulsa. Action July 21. Heritage Broadcasting Co. for $5.5 million. Seller is owned KVOO(AM) Folkston, Ga. R. Mays seeks 92.3 mhz; 3 kw; by Jack Rich. who has no other broadcast interests. Buyer is -Jack Address: 205 Rose Ave.. 31537. Principal WGLU(FM) Johnstown. Pa. (92.1 mhz; 166 w; HAAT: owned by Mario F Iacobelli, who also owns WXXA -TV HAAT: 327.7 ft. Filed July 21. 1.042 ft.)-- Granted assignment of license from Conemaugh Albany, N.Y. Action July 22. has no other broadcast interests. Communications Corp. to P.A.C. Media Inc. for $451.000. Inc. WSEY-FM Sauk City, Wis. (96.7 mhz; 1.78 kw; HAAT: Charlottesville. Va.- Virginia Tech Foundation Seller is owned by Fred Glossner. who has no other broad- 430 ft.)-Seeks assignment of license from Madison Radio seeks 89.3 mhz: 1.6 kw: HAAT: 1.178.5 ft. Address: 220 cast interests. Buyer is owned by Warren Diggins and David Ltd. to Odon Madison Ltd. Partnership for 51.6 million. Buruss Hall, Blacksburg, Va. 24061. Principal is nonprofit Banks, who also own WFXX -AM -FM Williamsport. Pa. headed by Filed July 22. Seller is owned by Gerber. It has interest in corporation C.A. Cutchins. Action July 29. Kimberly WWZZ(AM) Sarasota and WBGB(FM) Mount Dora, both TV's KBWS -FM Sisseton. S.D. (102.9 mhz; 100 kw: HAAT: Florida. Buyer is owned by William C. O'Connell and Donn Broadcasting Ltd. seeks ch. 20; 496 ft.) -- Granted assignment of license from Lake Region E. Winther. Winther has interest in WHFB -AM -FM Benton New Orleans -Swan News Corp. to Elizabeth Thomas Broadcasting Inc. for Harbor, Mich.; WNFL(AM) Green Bay and WKFX(FM) ERP vis. 5,000 kw: aur. 500 kw; HAAT: 951.2 ft. Address: 70130. Principal is $375.000. Seller is owned by Jack A. Adams. who has no Kaukauna, both Wisconsin. Action July 21. 2609 St. Charles Ave., principally owned by Marian Vaccari. It has no other broadcast inter- ests. Filed July 17. Actions FM's Santa Cruz. Calif. -Granted app. of Santa Cruz Educa- tional Broadcasting Foundation for 89.9 mhz: 200 w; HAAT: Services minus 316 ft. Action July 23. Kentland, Ind. - Granted app. of Pennington Communi- cations of Indiana for 101.7 mhz; 3 kw; HAAT: 259 ft. FCC -LINE DATABASE Action July 23. ON 30 1 -731 -5677 .i DF.m,1.1, Eureka. Ill.- Returned app. of Newwood Productions Des..,, a ,.b.n.. for 93.5 mhz: 3 kw: HAAT: 246.6 ft. Action July 28. datawOPId arrisn Allocation Terrain Studley Mattoon, Ill. -Returned app. of Miller Communications AM FM TV LPTV ITFS Inc. for 101.3 mhz; 3 kw' HAAT: 328 ft. Action July 30. 4827 Rgby Ave Sate 200 Systems Ltd. Behesda MD 20814 0 . .. RO.O Su.,e 11 East Lansing, Mich.-Granted app. of Board of Trustees ...... e u. . ..e 10r8 13011 652-8822 1 -800-.368.575- of Michigan State University for 88.9 mhz: 2 kw: HAAT: 278.8 ft. Action July 23. Muskegon. Mich.-Retumed app. of Shoreline Broad- RIIMTRONIX, INC. cast Partnership seeks 107.9 mhz; 3 kw; HAAT: 328 ft. BROADCAST DATA SERVICES Action July 23. Computerized Broadcast Service Connector Supplier Including to the Broadcast Industry Greenwood, Miss. -Returned app. of Minority Broad- Data Base. Allocation Studies Kings /ITT Cannon casting of Greenwood for 104.3 mhz; 3 kw: HAAT: 210.4 ft. Terrain Profiles 67 Jefryn Blvd. E. Action July 30. A Div. of.Noffrt. Larson & Johnson. Inc. Deer Park, N.Y. 11729 703 824 -5666 Raleigh, N.C. -Retumed app. of Nick Collias for 102.9 (516) 242-4700 mhz; 3 kw: HAAT: 328 ft. Action Aug. I. Raleigh, N.C. -Returned app. of Sam Tsilimos for 102.9 mhz; 3 kw; HAAT: 328 ft. Action July 23. UNUSED Stephen Raleigh Raleigh. N.C. -Returned app. of LPNC Inc. for 102.9 CALL LETTERS Broadcast SerVlCes mhz; 3 kw: HAAT: 328 ft. Action July 23. CALL Full Service Technical Consulting Raleigh. N.C. -Resumed app. of Cofield Broadcasting Specialists in Audio á RF Systems Co. for 102.9 mhz; 3 kw; HAAT: 327 ft. Action July 23. Facility Design á Installation datawopId PO. Boa 3403, Princeton, N.J. 08540 Raleigh, N.C. -Returned app. of Black Rose Communi- (609) 799 -4357 cations for 102.9 mhz; 2.2 kw; HAAT: 354.2 ft. Action July 1- 800 -368 -5754 23. Raleigh, N.C. -Returned app. of Walter Sturdivant for 102.9 mhz: 3 kw; HAAT: 328 ft. Action July 23. ®BROADCAST FINANCIAL SERVICES DIVISION tirrfalalachiac. Raleigh. N.C. -Returned app. of FM Raleigh Limited BROADCAST CONSULTANTS AND ENGINEERS Partnership for 102.9 mhz; 3 kw: HAAT: 320.1 ft. Action July 23. eealmbg m Finanela: Frea.enp enb 2,),o.neon ThrrEREp -r..,vllino Semmes Including Seaicreo app. Tower E ecson ano Ma.menance Raleigh, N.C. -Returned of Willowbrook Broad- a'airyr0bl Finannng Facet) Dear err, CDnsnucl.nn V :we Becirc casting Ltd. Partnership for 102.9 mhz; 3 kw; HAAT: 328 ft. ce P,slder.i Debi MstuCurIng Gomas MCI' me NENNETY W YOENN 23400 Action July 23. o10.osa1 CNlomned Preseniabces Dearborn bb 48124 1313) 562.6873 Raleigh. N.C. -Returned app. of Southern Training Center for 102.9 mhz; 3 kw; HAAT: 325 ft. Action July 23. Raleigh, N.C. -Returned app. of Special Markets Me- DON'T BE A STRANGER contact dia Inc. for 102.9 mhz; 3 kw; HAAT: 324.7 ft. Action July Broadcasbngs 191 ?Br Readers BROADCASTING MAGAZINE 23. ;'ay your Processional or Service 1705 DeSales St.. N.W. app. Worthington here It will seen by station and Columbus, Ohio -Dismissed of .a be Washington, D.C. 20036 r'e TV system owners and decision Christian Schools for 91.5 mhz; 18.7 kw; HAAT: 300 ft. ..ers tor availabilities Action July 23. .á2 Readership Survey snowing 52 Phone: (202) 659-2340 Sturtevant. Dismissed app. James C. Ander- : :e's Der CoDy Wis.- of son for 104.7 mhz; 3 kw; HAAT: 328 ft. Action July 23. TV Jellico, Tenn. -Granted app. of Pine Mountain Chris- tian Broadcasting Inc. for ch. 54; ERP vis. 39 kw, aur. 3.9 kw; HAAT: 820 ft. Action July 29.

Broadcasting Aug 10 1987 77 Professional Cards

A.D. RING & ASSOCIATES, P.C. SAr.CmITJ[vlas LOHNES & CULVER COHEN and DIPPELL, P.C. CGrpo'aornl CONSULTING RADIO ENGINEERS Consulting Engineers CONSULTING ENGINEERS

1 1 5 6 151n St. N W. Suite 606 Sude 500 CONSULTING ENGINEERS 1013 151h SI., M.W.. Salle 703 1140 Nineteenth St.. N.W Washington. D C 20005 1901 VARNWOOD COURT (202)783 -0111 Washington, D.C. 20036 SPRINGFIELD . VA 22153 12021 296.2722 (7031569 1704 Washington. O.C. 20005 (2021 22345700 Mesmer AFCCE Member AFCCE MEMBER AFCCE Member AFCCE

SILLIMAN AND SILLIMAN Moffet, Larson & Johnson, Inc. ANDRUS AND ASSOCIATES, INC. Ave. & 8121 Georgia #700 Consulting Telecommunications Engineers ALVIN H. ANDRUS, P.E. HAMMETT EDISON, INC. Silver Spring, MD 20910 CONSULTING ENGINEERS Two Skyline Place, Suite 800 351 SCOTT DRIVE M P.E. ROBERT SILLIMAN. 5203 Leesburg Pike SILVER SPRING. MD 20904 Box 68, International Airport ( 301 I 5898288 Falls Church, VA 22041 San Francisco, California, 94128 THOMAS B SILLIMAN. P.E. 301 3845374 18121 853-9754 703 824 -5660 (415) 342-5200 A A4m64r CCE Member .4F( -(. F. Member AFCCE Member AFCCE

CARL E. JOHN B. HEFFELFINGER JULES COHEN SMITH VIR JAMES CONSULTING & ASSOCIATES, P.C. ENGINEERS CONSULTING ENGINEERS AM -FM -TV and Field Engineering Suite 400 Engineering Cons,:aTts Aoolcalions 9233 Ward Parkway. Sude 285 Complete Tower ano Rigging Services C "npuler,leel Frequency Surveys 1730 M St, N.W 816 -444 -7010 '.Serving the &oedipal Infirmary 3137 W. Kentucky Ava. -00219 Kansas City. Missouri 64114 Washington OC 20036 for etw 30 reams (3031937 -1900 1202) 6593707 Abmhr. MCC Box 2727 Bath, Ohio 44210 DENVER, COLORADO Member AFCCE (216) 659 -4440 Member AFCCE & NAB

E. Harold Munn, Jr., ROSNER TELEVISION Mullaney Engineering, Inc. HATFIELD & DAWSON & Associates, Inc. SYSTEMS Consolbng Telecommunications Engineers Consulting Engineers CONSULTING & ENGINEERING Broadcast Engineering Consultants 9049 Shady Grove Court Broadcast and Communications Box 220 250 West 57 Street Gaithersburg, MD 20877 4226 6th Ave., N.W., Coldwater, Michigan 49036 New York. N.Y. 10107 301 -921.0115 Seattle, Washington, 98107 Phone: 517- 278.7339 (2121 246-2850 Member AFCCE (206) 783 -9151 Member AFCCE

STRUCTURAL SYSTEMS C. P CROSSNO & ASSOCIATES JOHN F,X. ENTERPRISE ENGINEERING P.C. TECHNOLOGY. INC. BROWNE Consulting Engineers MATTHEW J. VLISSIDES. P.E. Consulting Engineers & ASSOCIATES, P.C. PRFSII)hNT 525 Woodward Ave. FW HANNEL. PE IEIWIiRS. ANTENNAS. STRUCTURES P.O. Box 18312 Bloomfield Hills, MI 48013 PO Bos 9001 Peona. IL 61614 Neu Tall Towers. Esiwng Toners Studies. Analysis. 1)e.lgn Slulilwakxr.. Dallas. Texas 75218 (313) 642 1309) 691 4155 -6226 Inspection.. I;rec111m. Ede. (214) 669 -0294 Washington Office Member AFCCE M67 Elm SI. . McLean. VA 2221111 (,IM) (202) 293 -2020 Member AFCCE Member AFCCE Member AFCCE

D.C. WILLIAMS R.L. HOOVER J. S. SHERMAN & ASSOC., INC. & ASSOCIATES, INC. Consulting Telecommunications Engineer APPLICATIONS. COMMUNICATIONS TECHNOLOGIES INC 11704 Seven Locks Road CONSULTING & FIELD SERVICES BRONX/es, T NGINE ERiNG CONS ! eN l5 Potomac, Maryland 20854 12-1 FOLSOM. CALIFORNIA 95630 b.1,1 Cat!. Po.n 301'983 0054 2048 CROSS KEYS RD (916) 933 -5000 BERLIN. NEW JERSEY Member AFCCE (6091 767 -7070 08009

IAMIN N(I I N(IRI(lr. AS5c1(IA11S SELLMEYER ENGINEERING PAUL DEAN FORD. P.E. D.B. COMMUNICATIONS, INC. Consulting Engineers BROADCAST ENGINEERING CONSULTANT Broadcast- RCC celluiar/salellile Telecommunications Consultants LAWRENCE L. MORTON, P.E. P.O. Box 205 R.R. 12, Box 351 4407 East west AM FM TV McKinney, Texas 75069 WEST TERRE Highway. Sulle 308 APPLICATIONS FIELD ENGINEERING HAUTE, INDIANA 47885 Maryland (214) 542-2056 Belhesda. 20814 812 -535 -3831 (Located In Washington. 0 C Are-r (714) 859.6015 Member AFCCE 13011 654 -0777 Member AFCCE contact Darrell E Bauguess

EVANS ASSOCIATES RICHARD L. BIBY, P.E. JOHN J. DAVIS Con.uning Communications Engineers COMMUNICATIONS ENGINEERING LASK AM -FM -T V -CAT V4TFS-SMeII1N SERVICES, P.C. BroMteat Engineering SolewSr. & ASSOCIATES 216 N. Bay Rd. CONSULTING ENGINEERS CONSULTING ENGINEERS Green ENGINEERING AND CONSULTING 1600 Wilson Blvd., Suite 1003 P.O. BOX 128 THIENSVILLE, WISCONSIN 53092 Arlington, Virginia 22209 Priori. 14147 242-6000 SIERRA MADRE. CA 91024 -0128 (703) 522 -5722 r77.0011 Membe, AFCCE niel wF CINCINNATisoLUBwuOAD (818) 355 -6909 Member AFCCE GNCINNATI YEFT CNM7,R NNO I11 Member AFCCE

EDM It ASSOCIATES. INC. BOND ASSOCIATES WILLOUGHBY & VOSS COURTRIGHT Becas, AM FM TV(Pit!EIS Translata TECHNICAL CONSULTANTS ENGINEERING, INC. Frequency Searches L Rule Makings BROADCAST TECHNICAL CONSULTANTS ELECTRICAL AND BROADCAST C /Carne+ Celder Satellites 3801 E. 14TH STREET #602 SURE 100-A MMDS PeP Muomaa PLANO, TEXAS 75074 15102JONES- MALTSBERGER PO. BOX 2201 GLENDALE. Friendship Station, P.O. Bov 9426. (214) 423-4935 SAN ANTONIO.TEXAS 78232 ARIZONA 85311.2201 Wash., D.C. 20016 Phone (202) 364.7042 (512)525-1111 OR 490-2778 MORRIS 'COURT- COURTRIGHT. Member AFCCE ROBERT T. BOND N4LICATgnc rIELOSEnsCEs Ph D . PE.. President WM., Nag Member AFCCE. (602) 937-5213 app. to reduce power to 2.5 kw -D; 700 w -N and change TL. WAVF (96.I mhz) Hanahan, S.C.-Granted app. to Action July 23. change TL and change HAAT to L445 ft. Action July 24. Facilities Changes WNAQ (1380 khz) Naugatuck. Conn. -Granted app. to KEXI (93.3 mhz) Walla Walla. Wash.-Granted app. to operate trans. by remote from control main SL. Action July change TL; change ERP to 100 kw: change HAAT to 222.7 21. ft. and make changes in antenna system. Filed July 23. Applications WEXY (1520 Fla.- khz) Wilton Manors. Granted app. TV's AM's to operate trans. by remote control from main SL. Action July 21. KREQ (ch. 23) Arcata. Calif.-Granted app. to change Tecoered WKVI (1520 khz) Knox, Ind. -Returned app. to in- ERP vis. to 195 kw; aur. 19 kw; change HAAT to 1,672.8 ft. KXKS (1190 khz) Albuquerque. N.M. -Seeks CP to crease power to 2 kw. Action July 24. and change TL. Action July 29. increase power to 10 kw. 29. Filed July WMRE (1510 khz) Boston-Granted app. to operate KTLA -TV (ch. 5) Los Angeles- Granted app. to Accepted trans. by remote control from main SL. Action July 21. change ERP to 44.7 kw; change HAAT to 3.204.6 ft. and change TL. 13. WEHH (1590 khz) Elmira Action July WPCF (1290 khz) Panama City. Fla. -Seeks CP to re- Heights. N.Y- Granted app. to change KMNE -TV (ch. 7) Basen, Neb. duce power to 270 w and make changes in antenna system. hours of operation to unlimited by adding night -Granted app. to service with change HAAT 1,487 Filed July 29. 460 w and make changes in antenna system. to ft. Action July 24. Filed July 23. WMGC -TV (ch. 34) Binghamton, N.Y. WNDZ (750 khz) Portage. Ind. -Seeks mod. of CP to -Granted app. to change ERP to L490 kw and change HAAT to operate trans. by remote control from main SL. Filed July 922 ft. 29. Action July 13. FM's KKTU (ch. 33) Cheyenne. Wyo.-Granted app. to FM's change ERP to 253 kw: change HAAT to 488.7 ft. and Tendered WKYD -FM (98.1 mhz) Andalusia, Ala. -Granted app. change TL. Action July 24. to change ERP to 89 kw and change HAAT to 1.022.1 ft. KHHH (98.5 mhz) Honolulu -Seeks mod. of CP to Action July 24. change TL and change HAAT to 295.2 ft. Filed July 29. KCZP (91.9 mhz) Kenai, Alaska-Granted app. to WRAJ -FM (92.7 mhz) Anna. Ill. -Seeks CP to change Call Letters change TL; change ERP to 4.9 kw and change HAAT to 72.2 TL: change ERP to 800 w; change HAAT to 626.5 ft. Filed ft. Action July 28. July 29. KGCI (97.7 rnhz) Grundy Center. Iowa -Granted app. WBKN (92.1 mhz) Brookhaven. Miss. -Seeks CP to to change TL and change HAAT to 328 ft. Action July 28. Applications change TL: change ERP to 2.5 kw and change HAAT to 351 ft. Filed Aug. 4. WBYQ (96.7 mhz) Baltimore-Returned app. to change Call Sought by TL; change ERP to 192 w and change HAAT to 170.7 ft. WQMU (103.1 mhz) Indiana. Pa. -Seeks CP to change Action July 28. New FM TL and change ERP to 2.4 kw. Filed Aug. 4. KIKV-FM (100.7 mhz) Alexandria. Minn. -Granted WWDR Jessup Broadcasting Ltd. Partnership, Har- WWHT-FM (94.3 mhz) Goose Creek. S.C.-Seeks app. to change TL and change HAAT to 1,023.4 ft. Filed mod. of CP to change ERP to 1.43 kw; change HAAT to deevilte. S.C. July 23. 478.9 ft and make changes in antenna system. Filed Aug. 4. Existing AM's WCKO (98.7 mhz) Vicksburg. Miss. -Dismissed app. KISJ -FM (104.1 mhz) Brownwood. Tex. -Seeks mod. to change HAAT to 1,057.5 ft. Action July 27. WAJL WWLD Alleluia Ministries Inc., Pine Castle - of CP to change TL and change HAAT to 321.4 ft. Filed Aug. 4. WSJL (102.3 mhz) Cape May, N.J.- Dismissed app. to Sky Lake, Fla. change TL and change HAAT to 328 ft. Action July 28. WWLD WAJL Metroplex Communications Inc., Win- Accepted KFGO -FM (101.9 mhz) Fargo, N.D. -Granted app. to ter Park. Fla. mhz) KIOI (101.3 San Francisco -Seeks CP to change change HAAT to 986 ft. Action July 23. TL. Filed Aug. 4. Existing TV's KBEZ (92.9 mhz) Tulsa. Okla.-Granted app. to KYA (103.3 mhz) KHSF KPST-TV Silver King Broadcasting of North- San Francisco -Seeks mod. of CP to change TL and change HAAT to 1,317.6 ft. Action July 27. make changes in antenna system. Filed Aug. 4. em California Inc.. Vallejo. Caid. KBOO (90.7 mhz) Portland, Ore.-Granted app. to KHIH (94.7 mhz) KHSP KWVI Silver King Broadcasting of Oregon Boulder. Colo. -Seeks mod. of CP to change HAAT to 911 ft. and decrease HAAT to 23.44 kw. make changes in antenna system. Filed Aug. 4. Action June 3. Inc.. Salem, Ore. KKMG (98.5 mhz) Pueblo, Colo. -Seeks mod. ofCPto change TL; change ERP to 65.3 kw and change HAAT to 2.155 ft. Filed Aug. 4. Grants WZTA (94.9 mhz) Miami Beach-Seeks mod. of CP to Ca;' Sought by change ERP to 100 kw. Filed Aug. 4. Summary of broadcasting New FM's WLKQ (102.3 mhz) Buford. Ga. -Seeks mod. of CP to as of June 30, 1987 change TL. Filed Aug. 4. WXYB Echo Broadcasting Inc., Zeeland. Mich. WXIR (98.3 mhz) Plainfield. Ind. -Seeks mod. of lic. WKLM Graphic Publications Inc., Millersburg. Ohio to Service On Air CP's Total relocate main studio outside of community of license. KMIO Cotton Broadcasting. Robstown, Tex. Filed July 29. Commercial AM 4.887 170 5.057 New TVs WSJC -FM (107.5 mhz) Magee. Miss. -Seeks mod. of Commercial FM 3.969 418 4,387 CP to change HAAT 751.1 ft.: WKKT-TV to change TL and make Educational FM 1,272 173 1,445 Green River Group Ltd.. Hopkinsville, Ky changes in antenna system. Filed Aug. 4. WHTJ Total Radio 10.128 761 10,889 Central Mrginia Educational Television Corp.. KLDZ (95. I mhz) Neb. to Lincoln. -Seeks CP change FM translators 1.115 766 1,881 Charlottesville, Va. freq. to 95.1 mhz and change ERP to 50 kw; change HAAT to 492 ft. Filed Aug. 4. Existing ANSI Commercial VHF TV 542 23 565 WCDO -FM (100.9 mhz) Sidney, N.Y. -Seeks CP to WRRX WRLX Target Communications of Alabama Commercial UHF TV 461 222 683 change ERP to 970 w. Filed Aug. 4. Inc.. Tuscaloosa. Ala. Educational VHF TV 114 3 117 WERT-FM (98.9 mhz) Van Wert. Ohio -Seeks CP to KMFI KS \A Sierra Pacific Broadcasters Ltd., Sierra Educational UHF TV 198 25 223 change TL and change HAAT to 492 ft. Filed Aug. 4. Vista. Ariz. Total TV 1,315 273 1,588 KCMA (92.1 mhz) Broken Arrow, Okla. -Seeks CP to WXAM WLCB Larue County Broadcasting Co.. Buf- change ERP to 2.25 kw: change HAAT to 373.9 ft. and falo. Ky change TL. Filed Aug. 4. VHF LPTV 247 74 321 KATO KHPN Wiliam S. Boswell. Plentywood, Mont. UHF LPTV 162 136 298 KCPX -FM (98.7 mhz) Salt Lake City-Seeks CP to WOMI WWI Windward Communications Group Inc.. Total LPTV 409 210 619 change ERP to 40 kw. Filed Aug. 4. Portsmouth. N.H. TV's KIW KXAK Daytona Group of New Mexico Inc.. VHF translators 2.981 145 3,126 Corrales, N.M. Tendered UHF translators 1,998 293 2.291 WADV WVLV KAPP Advertising Service Inc.. Leba- New TV (ch. 45) Leesburg. Fla. -Seeks MP to change non, Pa. HAAT to 452.6 ft. and change TL. Filed Aug. 4. ITFS 250 114 364 Existing AMY; Accepted Low -power auxiliary 824 o 824 TV auxiliaries 7,430 205 7,635 KKSF KLOK Hillcresl WBRC -TV (ch. 6) Birmingham, Ala. -Seeks CP to -FM Motor Co.. San Francisco change HAAT to 1.377.6 ft. and change TL. Filed Aug. 4. UHF translator/boosters 6 o 6 WOMI -FM WOMI Mildam Communications Corp.. lbrk Experimental TV 3 5 8 WHST (ch. 48) Cleveland -Seeks MP to change HART Center Me. to 1,536 ft. and change TL. Filed Aug. 4. Remote pickup 12,338 53 12.391 KITA-FM KIVA Daytona Group of New Mexico Inc., Actions Aural STL & intercity relay 2,836 166 3,002 Santa Fe. N.M. WRNX WRRX Keymarket of Charlotte Inc., Hickory AM's Includes o8 -air licenses. N.C. KJDJ (1030 khz) San Luis Obispo, Calif.- Granted KRIS KRIS Inc.. Seabrook. Tex.

Broadcasting Aug 10 1987 74 See last page of Classified Section for rates. Classified Advertising closing dates, box numbers and other details.

AM FM combo 175+ market. Long established leader. Major NYC radio broadcasting company seeks a mainte- RADIO :eking highly motivated sales representative. Resume & nance engineer. 3 years minimum broadcast experience, HELP WANTED MANAGEMENT narrative of sales philosophy to Box W-87. with all phases of studio, AM, FM transmitter maintenance: studio. transmitter plant wiring and construction Good sal- KANZ/KZNA -FM, community ;icensea. seeks executive al- Northeast group operator looking for experienced sales ary and benefits. EEO. Send resume with salary require- rector responsible for all aspects of operating and expand- manager. Opportunity to move up to G.M. very quickly. ments to Box X -48. ing strong listener supported radio service for a five state Excellent opportunity for the right person. Box X -8. 100,000 17 HELP WANTED NEWS region. System includes two watt stations. Attention A/E winners! Tops on your stall, but seeking translators, 11 fulltime $400,000 operating budget. staff, greater rewards? Join our growing group of California sta- News anchor. Akron's top rated news /talk WNIR -FM has and plans for capital drive to relocate studios. Responsible tions. Resumes to: President, P.O. Box 5600. VBntura, CA opening for news person with our award winning news to board of directors. Strong finance. management skills 93003. department. Call Bill Klaus 216 -673 -2323 EOE. required. Competitive salary and benefits. Deadline: Sep- tember 4. Contact: Judy Seligson Keller, Kanza Society Beautiful LaCrosse/Winona market, with hot formats. News reporter /producer. Highly -rated Florida public radio Inc.. Pierceville, KS 67868. 316 -335 -5120. Needs hard working. self -motivated. experienced sales station seeks aggressive. experienced news professional. rep's. Send resume to: Margie Neader. WKBH -AM /FM Ra- Must produce in -depth news reports, develop features of WNOE AM and FM, New Orleans' only country station and dio. Box 510. Holmen. WI 54636. state and national interest and train students. Excellent on- an EEO employer. seeks an experienced local sales man- air delivery essential Requires a bachelor's degree in ager. Resumes only 529 Rue Bienville, New Orleans, LA Sales managers needed. Class A FM in 100.000 popula- broadcast, communications and at least one year of exper- 70130. tion market. South Carolina/Virginia. Send resume,current ience in radio or television production work. Approx. start- salary to Box X -12. ing salary. $17,000. resume and tape to Mr. Charles General manager and GSM for 110th market SE, exciting Send 4th Florida. building opportunity with new group owned FM. Excellent Atlanta. We're looking for a successful radio salesperson Koenig. CEC. Floor Stadium, University of FL 1987. Refer sales and budgeting skills necessary. Send resume to Bob who knows Atlanta, is strong with concept selling. views Gainesville. 32611 by August 28. to position IDrr 20079 in order to considerations. Equal Manning, Guardian Broadcasting, P.O. Box 7397, Rocky numbers a "plus" not necessity is excited about helping us guarantee employment opportunity /affirmative action employer. Mount, NC 27804. EOE. build a new office. \Ale offer challenge, opportunity good income. benefits. Write President. Regional Reps Corp.. KINK -FM, Portlands top station for 25 -49 year olds. is seek- The University of Arizona is looking for an assistant gen- One Playhouse Square, Cleveland. OH 44115. ing an /reporter to in eral manager for educational telecommunications. This in- experienced anchor begin January. Intelligent writer. conversational presenter, enterprising re- dividual Will have major management responsibility in the Unlimited opportunity. Classical radio sales position avail- porter. Tape and resume to Jacob Lewin, KINK -FM, 1501 use of telecommunications technologies in support of edu- able at Pittsburgh's only commercial classical station. Ag- SW King cation as well as Other assigned functions for the general gressive, articulate and tenacious people contact Jeffrey Jefferson, Portland, OR 97201. Adivision of Broad- casting Co. 226 EOE. manager of KUAT- TV- AM -FM. This position will specifically Warshaw, V.P. Universal Broadcasting Corp.. 40 Roselle St.. 503- -5080. manage the nineteen channel instructional television fixed Mineola, NY 11501. 516 -741 -1200. EOE, MIE Full -time afternoon anchor reporter for AM/FM in New service (ITFS) and operational fixed service (OFS) instruc- York's Experienced, aggressive, enthusiastic sales pro who is Catskill Mountains. Must be dedicated, energetic. tional television delivery system soon to be licensed to the looking to move up to FM sales management. Excellent Degree or equivalent experience required Good entry-lev- University of Arizona. Qualifications include bachelor's de- position. T compensation and future for right person in the Southwest el Send & R to Mike Frezon, News Director, gree in broadcasting, communications or related field. WVOS. PO 150, 12754. Sunbelt at stable operation. Call GM 505- 863 -4444. Box Liberty. NY EOE, M/F Masters degree preferred. Five years documented exper- ience in public broadcasting or telecommunications man- High rated, fastest growing, radio station in Charlotte, Co-anchor for morning news at Baltimore's top- rated, full agement. Salary commensurate with experience. Please NC, wants experienced top -performing account execu- service FM. Stylish writer with bright. conversational sound send letter of interest and resume to Sharon Stephenson, tives. Resume to: Don Kidwell, WWMG Magic 96 FM. wy- should apply ASAP Send overnite tape, resume and writing WLIF University of Arizona, 1325 East Speedway Blvd., Tucson, ager Communications V Inc., 1437 East Morehead Street. sample to Dave Humphrey News Director. 1570 Hart AZ 85719 by September 4, 1987. EEO /AA. Charlotte. NC 28204 -2925. Road, Baltimore. MD 21204. Top - with mobile General manager - KUSC -FM. The University of Southern Sales manager (search extended) for AM/FM in small but flight news organization unit, airplane, first facilities, impeccable reputation - looking California invites nominations and applications for the posi- fast growing market in beautiful area. Unique opportunity -class and for tion of general manager of KUSC. the arts and information with excellent terms and many incentives. Resume to: Gen- competent, professional newsperson, enthusiastic deliv- public radio service of USC, which also owns and operates eral Manager, WDCR/WFRD, PO. Box 957. Hanover, NH ery sound writing skills. journalistic credentials, and ND affiliated stations KCPB/Thousand Oaks. KSCA/Santa Bar- 03755. potential. Rush TIR to Mike Allen, ND. 940 -WINE AM, Brook- bara, and KPSH/Palm Springs. The GM has overall respon- field, CT 06804. EOE. sibility for: establishing artistic direction and maintaining Great Florida opportunity. General sales manager for only station in one of America's fastest growing cities. No news- Bureau hosVreporter. Wisconsin Public Radio seeks ener- stations' legal, regulatory and fiscal well- being; leading the idea- for its paper either. The N.Y. Mets new Spring training center. getic person Stevens Point news bureau. Will be program staff in creation, production, and acquisition of responsible for live local of issue -oriented. morn- WPSL 305 --3. 5 -8800. Resume to: Ray Sherwood, 9334 S. segments classical music and news programs of preeminent artistic ing -drive newsmagazine: interns: U.S. 1, Port St. Lucie, FL 33452. supervision of and pro - and journalistic quality: determining and serving needs of duction of reports for state network. Strong interview skills. stations' listeners and subscribers; and continuing the de- General sales manager for lop rated AM -FM combo in top personable delivery and conversational writing style are velopment of KUSC as a major production center for radio 65 market. Must have proven sales ability and be a great musts. Women and minorities encourage to apply Closing programs of local, regional. and national interest. Requires teacher. motivator and leader. This is a terrific opportunity in date: September 1. For details on how to apply, contact leadership. demonstrated qualities of vision. and organiza- our growing corporation for the right person. EOE. Inquiries James Haney Communication Arts Center. University of management tional Skills: thorough understanding of the to Box X -47. Wisconsin- Stevens Point. Stevens Point, WI 54481. Equal nature and purpose of public broadcasting: ability to relate opportunity employer. to varied individuals in the many constituencies and com- HELP WANTED ANNOUNCERS munities served by KUSC: ability to develop and implement A Peoria FM leader needs the right person to anchor im- successful fundraising strategies: and. preferably, proven Experienced morning personality for A.O.R. in world portant morning drive news. Become part of our 28 person track record in developing and /or managing nationally class resort community, send resume and air check to Op- AM -FM -TV news department offering good pay solid bene- prominent broadcast facility Address inquiries. nomina- erations Manager, 620 East Hopkins, Aspen, CO 81611. fits and excellent facilities. Wk need a contemporary writer- tions. and applications NLT August 21. 1987 to: John R. /reporter /thinker Send tapes, resume, writing samples to CHR /A -C with personality New Albany, NY FM. Curry, VP Budget/Planning; Chair, Search Committee: USC, talent Ex- Duane Wallace. WKZW(FM). 3131 N. University Peoria, IL cellent required liking for ADM -150; Los Angeles. CA 90089-5012. USC is an equal production and public appear- 61604 EEO /M /F. opportunity /affirmative action employer. ances. Send tape and resume including past and present salary to Lee Sommers. 3WD Radio. 433 State Street. Manager for AM regional strong on sales 303 -738-1660. Schenectady, NY 12305. HELP WANTED PROGRAMING PRODUCTION B. OTHERS Growth oriented South Florida FM radio station needs Announcer for evening/overnight air shift. Experience dynamic aggressive experienced general manager with preferred. Call for appointment 9:30 a.m. - 12:00 noon M -F. PD and air shift for full service ACroidies and satellite FM in strong sales ability MOR experience preferred. Send re- 912 -964 -7794. EOE - M/F upper Midwest. EEO with great benefits. Experience help- sume and salary history to Box X -42. ful but not required. Box X -36. Station manager: WBAZ -FM, Eastern L.I., N.Y seeks suc- HELP WANTED TECHNICAL cessful GSM or LSM ready for next step. Integrity, intelli- Chief engineer wanted for smaa group in the upper Mio- SITUATIONS WANTED MANAGEMENT gence, leadership, high energy level and solid manage- Vest. Automation and directional experience a must. Call ment credentials are mandatory Income includes 715- 588 -3852. Career broadcaster with programing. sales and manage- opportunity for earned equity. EOE. Resumes to JS & A, 340 ment background. Major market experience. Team leader W. 57 St., NY, NY 10019. Engineer wanted: WYNR/WPIQ (Class 3 & C), Brunswick, and trainer. 20 years experience. GM GSM position de- GA. Coastal Georgia. Main base Brunswick w/occassional sired. Employed now 513- 242 -6821. Operations manager: WBAZ -FM, Eastern L.I., N.Y. seeks travel among 3 other group properties (all AM/FM). Salary new experienced production manager to be responsible for on- based on your ability and ours. Contact: Dick Boekeloo Versatile, seasoned professional seeks a challenge air sound of this Transtar Format 41 station. EOE. Resumes 912- 264 -6251. in combination on- air /management position. My exper- to JS 8 A, 340 W 57 St.. NY NY 10019. ience includes news, news management and executive Anaheim Broadcasting Is seeking a chief engineer for management. Prefer market of 100,000 +. For tape and HELP WANTED SALES our Southern California stations. Excellent opportunity for a resume, write Box X -22. bright, self -starter on the way up. SBE certificate helpful. General sales manager. FM in beautiful Missouri college wants return to Send resume and references to Jeff Salgo, VP Operations, Successful, professional broadcasting town has opening for crackerjack general sales manager. (radio, TV Former market /GM. 1190 E. Ball Road. Anaheim. CA 92805. EOE. cable). small owner Built and Opportunity for advancement with budding chain. Send sold for state radio and sports networks. Group sales/mar- complete resume, references and salary information. Admi- Chief engineer needed at KEGL (FM) Dallas. Applicants keting and sales trainer for Midwest group of 13 stations. ral Broadcasting Corporation, 8229 Maryland Pwenue. St. should have major market experience. SBE certification or Most recently VP marketing /broadcasting. Louis. MO 63105. equivalent. 214- 869 -9700. EOE. Twins. Will relocate. Don Schiel 612 -831 -5074,

Broadcasting Aug 10 1987 75 Career broadcaster with an impressive management re- General manager: WCBB. Lewiston, Maine. WCBB is ac- trogram manager. Major market UHF indy part of solid cord in major and medium markets, as well as group and cepting applications for president and general manager. rofitable group. Looking for program manager. strong on ownership experience, desires a situation that provides WCBB is owned and operated by the Colby- Bates -Bow- movies. Reply P.O. Box 16707. Milwaukee, WI 53216 -0707. challenge and opportunity Prefer start-up or turnaround doin Educational Telecasting Corporation as a public televi- EOE. and the more competitive the better. Call Frank Ward 803- sion community licensee serving south central Maine. The Local sales manager. KTVU -TV San Francisco. Out- 788 -8461. station began broadcasting on channel 10 in 1961 and is a standing career opportunity at one of the country's leading member of PBS and EEN. The president and general man- independent TV stations. Excellent compensation package Promotions or marketing director. Lets build your station ager is responsible for the overall operation of the station; is and benefits. Contact General Sales Manager. KTVU, 2 together #1 ratings bring #1 income..irom bottom to top a member of and reports directly to the Board of Trustees. Jack London Square, Oakland. CA 94623. A Cox Enter- success story. Box X -45- Position available early fall. Salary negotiable and commen- prises station. Somewhere in the Rocky Mountain area or Pacific North- surate with experience. Deadline to apply is August 17, Local sales manager: Top 10 UHF independent looking for west. a street selling. agency wise. enthusiastic GM /GSM is 1987. Send application to: WCBB -TV Selection Committee. that organized person who can deliver results. Must have needed now. Call John, 315 -539 -8238. 1450 Lisbon St., Lewiston. ME 04240. WCBB in an affirma- tive action/equal opportunity employer. independent sales management experience and be a moti- SITUATIONS WANTED ANNOUNCERS vator and innovator. Send a plan of action along with re- Business manager: Top 50 sunbelt independent needs sume to Box X -51. EOE:. M/F. ' Jock needs change: radio three three same station years. business manager with strong computer and accounting ownerships. George Belmore. Ben Hur Stables. Crawfords- Promotion mgr.:Top 50 NE. Hands -on mgr strong in on -air skills. Ideal position for experienced assistant ready to ville, IN 317 -364 -1550. news, programing. Prod, b.g. a plus. 2 yrs. exp. as mgr. or move up. Send resume and salary history to Box X -16. asst. Send salary history first letter Box X-49. Professional attitude and sound with three years exper fence anytime, call Bill, 308 -534 -1211. Director of marketing: Northeast ABC affiliate seeks an Pensacola Jr. College in Pensacola, Florida is seeking aggressive manager to lead the marketing department. applicants for the following: Director, TV services (televi- Morning man, or any shift, professionally trained top 40 writers, producers, art depart- Job includes supervision of sion station manager - WSRE) - Job #0728. Salary: $30,500 DJ. Contact: Timothy Osborn 414 -0292, Resume and market- -452 ment and outside services in providing total station - $40.250. Master's degree in journalism and communica- tape available upon request. ing. Proven creative skills and two years of marketing man- tions and 5 yrs. fulltime professional television experience, agement experience are a must. Send resume and tape to: Experienced, funny communicator moving on up. Medi- two of which shall have been as a program or production Dow Smith. President /General Manager, WTEN -N 341 um mkt. only 413 -443-3816. manager required. Experience in public broadcasting pre- Northern Blvd., Albany, NY 12204. EOE. ferred. Deadline: August 31. 1987. Do not send resume, for PBP position. 8 Talented sportscaster seeks years exper- application materials call: 904-476 -7790. PJC - an equal KPBS- TV /FM. Director of de- ience. Football. basketball, misc. Doug Miles 516 -354- Director of development - opportunity institution. 5062. velopment is being sought by KPBS-TV/FM, San Diego's public broadcasting stations. This is an executive level po- General manager - university television, University of Ten years experience: PD /all shifts -all formats. Play -by- sition which reports directly to the general manager. and Nebraska at Omaha. Urban university of 14.000 students in play sports including professional hockey News. remotes. has responsibility for approximately $4 million of income attractive midwestern city is seeking creative professional copywriter and automation too. Call Bruce 517- 792 -4252 producing activities at KPBS Television and KPBS Radio. to manage its television operation and administer KYNE -TV afternoons best. Primary areas of responsibility include: membership: cor- the Omaha affiliate of statewide public television network. Columbia Academy graduate with 6 months on -air exper- porate underwriting and grants: auction; special events; Annual budget of $500,000; 18 FTE staff. Bachelor's de- ience. Done production, remotes, community oriented. Call volunteers; and supervising advertising representatives for gree in broadcast- related field required. Supervisory ex- John 604- 420 -2872. the KPBS members magazine, On Air. Qualifications: Dem- perience in public or commercial television necessary. onstrated success and extensive experience required in all Teaching experience preferred. Send cover letter and re- Dallas/Fort Worth area position. Moving soon. Now even- areas of fundraising including annual and planned giving. sume postmarked by Sept 1. 1987 to: Personnel Services, ings. medium market, 25 share. Brian 817-548 -7626. Must have proven skills in the areas of capital campaign EAB 205, University of Nebraska at Omaha, Omaha. NE recruitment and management. lead- (An affirmative action /equal opportunity employer.) Energy + looking for position in announcing, programing, techniques, volunteer 68182. ership, proposal writing, solicitation. special events, and production. Mature. late 20's. Some p.t. exp: R.B. graduate. Business manager: For Virginia group owned indepen- direct mail development. Management level experience in Call Pam at 319-326 -2815 after 5 p.m. Willing to relocate. dent: excellent opportunity for a hands -on manager. Send a non -profit organization. preferably public broadcasting, resume to Controller, 5401 VAest Kennedy Blvd.. Suite 1031, Midwest and Mideast: Experienced small market an- is desired. Must possess excellent writing and communica- Tampa FL 33609. EOE nouncer with professional sound. voice. Big on sports. Rudi tion skills. College degree or equivalent preferred. Salary: 414-358 -0319 after 4 Central. Commensurate with experience. Excellent benefit pack- HELP WANTED SALES age. Apply: Submit resume. salary requirements and re SITUATIONS WANTED NEWS quest for employment application directly to: SDSU Foun- Emerging Christian entertainment, sports. information' and inspirational cable television network is looking for one Hard -working sports director, with 8 years experience dation Personnel Office. San Diego State University, San marketing professional to assume the responsibility behind the mike is looking to relocate immediately...Call Diego, CA 92182. Deadline for receipt of application has good of director of network sales and marketing. Must have pre- Mike (a 618 -654 -4449. been extended to Monday August 31, 1987. KPBS -TV /FM /or to ten years is an EEO /AA/Title IX employer and we welcome all applica- vious cable network experience and seven inquiries Veteran sportscaster seeks anchoring and /Or play -by- tions. commercial television experience. Serious will be play job. Top 50 markets only Box X -13. given every consideration. Box W-63. Promotion manager: Highly creative individual needed to information Talk show host bursting with talent, energy and enthusi- take charge of planning, development and execution of on- Emerging Christian entertainment, sports. asm will be your find of the year. Can double as newsman. air and print. Minimum 3 years experience required. If you and inspirational cable television network is looking for Pete to responsibility Call at 213-395-0874. have proven creative skills in writing and producing with an three solid sales professionals assume the of network affiliate and cable sales representatives. Must Worked my radio reporter, announcer then ND. emphasis on news promotion, send a resume and tape to tail off as have previous cable network experience and /or seven to Past two years in retail PR management. National awards. Tom Foos. Director of Programing and Marketing. KOLD-7V ten years commercial television experience. Serious inquir- BA. Articulate. No ego trip. Seeks long -term commitment. 115 W Drachman, Tucson, AZ 85705. No phone calls, ies will be given every consideration. Box W -64. AZ, NM, CA or ? 818- 709 -1759 Doug. please. EOE. Sales pro needed to lead and manage AM /FM combo in Born PBP Business manager: Leading Southeast NBC affiliate. 3 to be a sportscaster. Sophisticated, exciting Northern Wyoming. Send resume to: Dana Kehr. Drawer D, and for markets. Dedi- station market, seeks lake- charge individual. experienced solid anchoring skills too big small Hardin. MT 59034. EOE. cated, knowledgeable pro with 4 years experience. Bob in all phases of television broadcast accounting and Col- 201 -546 -5546 umbine Traffic System. 2 -3 years experience and degree in Sales manager: For Texas border town. Excellent opportu- accounting preferred. Send resume to Box X -35. EOE. nity to join a growing aggressive broadcast group. Must be SITUATIONS WANTED PROGRAMING aggressive with minimum 4 years experience in broadcast PRODUCTION & OTHERS Gifts planning officer: To initiate and conduct planned sales Compensation package includes salary + incentive giving program, identify and contact prospective donors. resume: X -15. RD. - 15 year pro including majors. Expert top 40/AC pro- plan. State present salary Send Box conduct seminars, etc. BA or equivalent, writing skills, in- graming. promotions. production, sales. people skills, trest in PTV essential Resume to: Channel 10/36 Friends. Television account executive: Local sales list available voice. AD. Prefer Class C FM. Box X -54. 1015 North 6th St., Milwaukee, WI 53203 by 8/14/87. EOE. with significant earnings potential. Prior radio or television MISCELLANEOUS sales experience required. EOE. Write: Personnel. WILX -TV Studio supervisor: Responsible for set -up, lighting and P.O. Box 30380, Lansing. MI 48909. Attention small market stations: Customized voice ID's of studios. Hire, train, schedule and supervise stu- strike Account executive: Advertising agency or broadcast and station promo's by a top ten market professional. Give dent crew. Construct sets and maintain studios and scene background. Exceptional opportunity to join nationally rec- your station the professional sound it deserves. Package shop. Occasional directing. BA preferred. Must have de- ognized consulting firm. Must have strong presentation prices start at $100.00. For sample tape and information monstrable skills in basic carpentry and N lighting with skills, weekly travel. Call 804- 496 -9421. write: Entertainment Communications of America. Inc.. 450 knowledge of current TV production technology Minimum Old Lake Alfred Road. Polk City FL 33868.813 -956 -3559 of 2 years current experience. Send resume by Sept. 1, Local sales manager. WFSB, a Post -Newsweek station, 102 TV Cen- Local broadcast French FM radio looking for musical pro- 1987, to William Lewis, Wright State University, seeking local sales manager whose responsibilities in- /affirmative action gram exchange. Contact Christophe Rastier. RAS BP 101 ter, Dayton, OH 45435. Equal opportunity clude: local budget delivery staffing local account execu- 91240 St Michel France. employer. tives, managing major project selling, supervising market development. establishing and maintaining working rela- for just this opportunity. Sta- There's someone looking tionships with the Hartford. New Haven. Springfield buying manager for small market television, indy Strong oper- tion community, keeping general sales manager informed on ator to this market. Small. hardworking staff will TELEVISION committed pricing and selling strategies. College degree preferred, you, if you're and like to work. In a HELP WANTED MANAGEMENT welcome committed previous management experience as well as local and na- VHF, full power, tall tower, and community of over 80.000, tional sales experience required. Send resume to: Warren General sales manager needed for medium market net- Must have good sales background. Pay is good shop. Anderson, General Sales Manager, WFSB -TV3, 3 Constitu- work affiliate. Must have 2 -3 years prior television station to grow is boundless. Sunbelt. EOE. good and opportunity tion Plaza. Hartford. CT 06115. EOE. M/F sales management experience. Position calls for expertise Respond Box X -33. in national sales. Must be strong manager and administra- HELP WANTED TECHNICAL manager: Small market affiliate seeks dynamic tor. EOE. Box X -19. General leader. We need a great personal salesperson who also has Assistant chief engineer: Television maintenance oppor- General manager: For Texas border town. Excellent oppor- a flair for managing, including promotion and keeping ex- tunity in God's country. Can you contribute UHF transmitter tunity to join a growing aggressive broadcast group. Must penses under control. We're located in a fine Western area experience and 3" background? WXOW -TV LaCross. WI, be aggressive with minimum 4 years experience in broad- with lots of media competition and an abundance of out- has the position for you. Forward resume to: WXOW -N P.O. cast sales. Compensation package includes salary + in- door recreation. $40 thousand plus incentive based on Box C -4019, LaCross, WI 54602 -4019 ATTN: Dale Scherbr- centive plan. State present salary. Send resume Box X -14. cash flow EOE. Box X -53. ing, C.E. 507 -895 -9969.

Broadcasting Aug 10 1987 7R Chief engineer. Hands -on position for talented and moti- Co- anchor: To work with our strong male anchor. News is Weekend weather anchor: Capital Cities /ABC owned sta- vated individual with expertise in both television and radio. top priority at group station. Send tion is looking for a weekend weather anchor. Successful Must be capable of RF and studio installations and mainte- resumes & tapes to John Riches. ND. WOAD -TV 3003 Park applicant will be able to present accurate weather fore- nance as well as supervisory functions. FCC general class 16th St., Moline. IL 61265. EOE. casts in appealing and professional manner. Weather license required. SBE certification desirable. Send resume news/feature reporting also required. Send non -returnable News director: Major market independent TV station is and salary requirements to Box W-113. EOE. tape and resume to Dave Davis. News Director. WTVD-TV seeking an experienced news director to head up strong Box 2009. Durham. NC 27702. EOE. Chief engineer for small market mountain states TV sta- news operation. Competitive salary and benefits. Please tion. Must have hands -on experience in both studio and send resume and salary requirements to: Box X -2. EOE. HELP WANTED PROGRAMING transmitter with minimum of 7 years. Latest technology. Ex- PRODUCTION & OTHERS for cellent salary and benefits. EOE. Resume and references Producer possible future opening. SW Florida's ABC to Box W-112. Replies treated confidentially. affiliate is looking for experienced producers. Candidates Expanding Midwest teleproduction facility seeks exper- must be top-notch writers who can make a newscast move. ienced professionals for the following positions: video - Chief engineer for established ABC affiliate. Send resumes only, along with salary requirements to. graphers. lighting designers and video technicians. Re- Prefer UHF transmitter experience and knowledge of stu- Duane Sulk, WEVU -TV P.O. Box 06260, Ft. Myers. FL sumes only, please. Box W -65. dio and ENG maintenance. Resume to Tom Hansen, WVNY- 33906. Please, no calls. EOE. M/F N Box 22, Burlington. VT 05401. or call 802 -658 -8022 for Commercial director to direct live broadcasts and /or work Luther information. EOE. Foreign bureau: We still have an opening for a one person as a film photographer /editor on film production. H.S. diplo- bureau on the island of Saipan. Commonwealth of the ma or equivalent plus 3 years prior related experience. WHNS -TV21 is now accepting applications for studio main- Northern Marianas. Position requires a high level of investi- Tapes /resumes to P.O. Box 14159, Okla. City, OK 73113. tenance engineers to perform routine and emergency mainte- gative reporting into governmental activities. Responsible EOE, M/F Tapes returned. nance of all studio equipment with emphase on broadcast for ten minute daily newscast plus feed to main station. No Promotions VTR's. Should also have knowledge of digital electronics. beginners. Tape and resume to John Morvant. News Direc- director: WSLS -TV seeks production oriented promotions to Require minimum two years broadcast experience and FCC tor, Guam Cable TV 530 W O'Brien Dr.. Agana. Guam director supervise two person department. for indie- general class license. Send resume and salary requirements 96910 or call collect 671 -477 -9484. Good opportunity affiliate assistant or person to to Steve Crook. Chief Engineer, WHNS -TV 21 Interstate Ct.. move up. Send tapes and resumes to: James DeSchepper, Greenville. SC 29615. EOE, M/F/H. Award -winning indy, large market, needs assignment edi- General Manager. WSLS -TV P.O. Box 2161. Roanoke, k tor. Must be able to motivate staff. generate creative stories, 24009. EOE, M/F. Maintenance A in supervisor: strong background ENG/ work phones and think visually. Also need weekend pro- EFP Sony 34" and Sony & Ampex 1", live news. microwave, Senior director: WSLS-TV is looking for experienced direc- ducer excellent writer with good news instincts, visual tor to switch early and late news. Experience required. UHF transmitter Must be capable of repair of state-of -the- mind, experience with live shots; will be technical producer Rush resumes to Jim Dickey Production Manager, WSLS- art broadcast equipment down to the component level. handling Chyron. etc. 3 nights. Both positions require 1 TV P.O. Box 2161, Roanoke, V4 24009. EOE. M /F. Hardware/software knowledge of PCS a plus. Nest Coast year experience, ability to work well under pressure. Knowl Florida ABC net affiliate. Resume & salary requirements to edge of upper Midwest helpful. Salary low $20s. Letter. Post production editor /director:An experienced comput- Mike Burnham, Chief Engineer, WWSB. 5725 Lawton Dr.. resume to Box X -40. EOE. er editor with strong creative directing background to work FL Sarasota. 34233. EOE. BetaCam component suite - CMX 3600A. GVG 10OCVand General assignment reporter: Join a number one news Installation repair Kaleidoscope - for Great Lakes area production facility/ Maintenance technician: and of studio operation on the Gulf Coast. Applicant should have exper- and transmitter planning. commercial television station. EOE. Send resume with sala- equipment. Some design. and ience in TV news, be a good writer and a self-starter. Knowl- training responsibilities. Rotating including nights ry requirements to Box X -37. shift and edge of editing videotape helpful. Please send resume. weekends. Requires in associate's degree electrical tech- tape and salary requirements to Veronica Biloo. KPLC-TV Promotion writer /producer needed for top 20 CBS affili- nology or equivalent formal training, plus experience in PO. Box 1488. Lake Charles. LA 70602. ate station on West Coast. Looking for good writer with electronic repair /troubleshooting. FCC license or SBE certi- creative ideas for promoting entertainment shows and fication. Send resume: Manager of Human Resources. Mid 80's top rated network affiliate seeking weatherper- community affairs programing. Previous experience neces- WMHT-TWFM. Box 17. Schenectady. NY 12301. EOE. son. Good communication skills and strong personality a sary. Send tape & resume to Marketing /Promotion Director, must. Master control operators: Rotating shift including nights Send resume and photo to Box X -39. EOE. KXTV PO. Box 10, Sacramento, CA 95801. No telephone calls accepted. EOE. and weekends. Prior TV master control experience re- Successful medium market newscast looking for bright quired. Send resume. Manager of Human Resources. co- anchor. Reporting skills a must. Send resume to Box X- Production manager /editor: Top ten Southern market has WMHT-TV /FM, Box 17, Schenectady. NY 12301. EOE. 41. EOE. immediate opportunity for an experienced editor to super- vise daily operations of independent TV station production Assistant chief engineer: 3 to 5 years experience in the Immediate opening: Fulltime meteorologist. AMS seal pre - maintenance of broadcast quality television and radio department. Requirements include thorough knowledge of ferred . Meteorology degree required. Send resume and computer edit systems composed of Sony 5000 and GVG equipment. Must be able to troubleshoot to component non -returnable tapes to News Director, KFDA -TV PO. Box 300 switcher with ADO. Experience with Chyron graphics is level. in re- tubing cameras, VTR's, 1400, Amarillo, TX 79189. EOE. etc. FM transmitters. ITFS and microwave experience a a plus. and the ability to deal positively with other station plus. SBE certification required. Degree preferred. Excel- Anchor. Strong on -air communicator and writer. and an departments and commercial clients is a must. This is a lent benefits, full medical, pension. etc. Salary $20,000 experienced reporter for midday newscast. Send non-re- management/technical position and is very quality and range. Send resume to: Personnel Dept. WG, Mercer Coun- turnable tape. resume and references to Ken Middleton, deadline intensive. Send resume and sample reel to Vin- ty Community College, PO. Box B, Trenton. NJ 08690. Affir- News Director, WISP -TV Tampa/St. Petersburg, PO Box cent Barresi, VP /General Manager, KTXH-TV 8950 Kirby Dr., mative action /equal opportunity employer. M /F. 10,000, St. Petersburg, FL 33733. No telephone calls. EOE. Houston, TX 77054. No phone calls, please. EOE. Public affairs producer, Alaska Public N requires public Chief engineer: Charlotte's number 1 independent looking News media, WUAB -TM Cleveland, Ohio. starting new 10 for experienced hands -on chief for purposes of expanding o'clock newscast, hiring entire staff of anchors. reporters, affairs producer responsible for turning ideas into pro- into live sports operation. Must be able to technically super- sports. weather. producers. photographer /editors. assign- grams, researching, developing scripts. supervising edit- vise live remotes, design and implement studio /control ment editors; college degree, three years broadcast news ing and post -production, on -air delivery, interviewing, and area renovation, have transmitter experience, strong man- experience preferred. Send letter and resume to Daniel developing promotions. Required: BA in television or relat- ed; two full years in public affairs Written re- agerial skills. equipment maintenance. and a desire to Acklen, News Director, WUAB -TV, 8443 Day Dr., Parma, OH production. grow with a solid owner. Send resume to: Steven Soldinger, 44129. No telephone calls! Equal opportunity employer. sumes only to: Personnel, KAKM, Channel 7, 2677 Provi- General Manager. WCCB -TV One Television Place. Char- dence Dr. Anchorage, AK 99508. Weekend anchor, reporter positions both Reporter lotte, NC 28205. open. Producer -director. This position is heavy on the video di- should have internship, degree minimum. Anchor should Supervisor-engineering field maintenance rector. Requires excellent skills at the switcher 4- camera and oper- have 1 year TV minimum. Tapes, resumes t0: Bill Hoel, studio. multi- camera remotes. No daily news. Must demon- ations. Duties, maintenance of all news and field produc- WXOW-TV PO. Box C -4019, La Crosse, WI 54602 -4019. tion equipment including live units and microwave facili- strate good technical skills and be able to communicate ties. Technical supervision of remote telecasts and special Reporter/anchor. Statewide public television network with Nengineers. Candidates must have producer exper- ience with ability to generate ideas, then produce events. Qualifications: experience in ENG maintenance. needs experienced broadcast journalist. Must possess and di- rect projects from inception through distribution. Produc- FCC general class. Contact Albert Scheer, Vice President - demonstrated writing skill. Documentary production and tion load includes EFP long form, performance, talk shows, Engineering, WLEX -TV Inc.. P.O. Box 1457. Lexington. KY political reporting experience preferred. Send resume to: fund raising events, membership drives. auctions. Must ba 40591. 606-255 -4404. WLEX-' V is an affirmative action/ Personnel, P.O. Box 20066, Tallahassee, FL 32316. EOE. equal opportunity employer. willing to direct for other producers as well as own projects. resume requirements Sports anchor 6 & 11 p.m. Northeast network affiliate. An- Send with salary to Miriam Korshak, Assistant chief engineer: Are you an experienced mainte- choring experience required. Resumes KUHT-TV 4513 Cullen Blvd., Houston, TX 77004. Demo reel nance to Box X -52. EOE, person looking to move up. or a small market asst. MIE will be required later on. chief looking for a larger market? We are a northeastern TV station with an opening for an experienced person to move News photographer /editor. Must be familiar with all as- into an assistant chief's position. People skills are equally pects of ENG shooting and editing. Send tape and resume Sr. director /arts & performance programs, KCTS/9. as important as maintenance skills. We have state- of -the- to Chief Photographer, KOLO -TV P.O. Box 10,000, Reno, #1.934- $3,023/month plus liberal benefits. Sr. director /arts art equipment, both air and producton. Transmitter exper- NV 89510. EOE. & performance programs plans, coordinates and acts as ience helpful. FCC general license required. director for arts and multiple- camera performance produc- Salary com- Assignment mensurate with experience. Part of multi- station group editor: Must be a leader who knows what tions produced for local, regional or national broadcast and makes offering excellent growth potential. Send resume and sala- a good story. Send resume to Brian Peterson, News distribution. Coordinates and supervises all technical and Director, WOWK -TV, P.O. Box 13, Huntington, WV ry requirements. Box X -46. 25706. An directoral aspects for arts and performance programs. equal opportunity employer. Plans and coordinates with the sr. producer /arts and perfor- Broadcast operating technician: Send resume to Ken mance programs independently The Anchor. To work with male co-anchor at 10PM. Midwest or minimum qualifica- Ericson, WHO -TV 1801 Grand Ave.. Des Moines, IA 50308. tions CBS medium market. Good communicator. Excellent writ- are: bachelor's degree in communications or related Equal opportunity employer. field ing and reporting skills necessary I'm looking for that spe- or equivalent work training experience; 3 years fulltime experience in production HELP WANTED NEWS cial person who brings confidence and warmth to the set television with verifiable credits as multiple -camera location proven in and isn't afraid to dig in and work. No beginners. Great director; ability the News director: ABC affiliate in the beautiful Colorado production, direction -production professional environment. Tapes and resumes to John Al- and post of arts and per- Rockies seeks an individual with solid news, production, formance programs. must tenbern, KGAN -N P.O. Box 3131, Cedar Rapids, IA 52406. Applications be postmarked by and people skills. Background should include reporting, 1, No phone calls. midnight, Sept. 1987. Please send two copies of cover producing. and personnel management. Will consider a letter and two copies of resume to: KCTS/9 Screening Com- qualified individual looking to move up. Small market exper- Photographer: For medium market. NBC affiliate, #1 in mittee, Sr. Director /Ans & Performance Programs, 401 Mer- ience a plus. Send resume. references, and salary require- news. Experienced only with solid track record. Send re- cer, Seattle, WA 98109. Do not send videotapes. KCTS/9 is ments to: Jan Hammer. KJCT-N P.O. Box 3788, Grand sume and tape to: Pat Dowd, Chief Photographer, PO. Box an affirmative action equal opportunity employer. Nomen Junction. CO 81502. EOE. 1058, Portsmouth, VA 23705. We are AA/EOE. and minorities are encouraged to apply

Broadcasting Aug 10 1987 77 Sr. producer /arts & performance programs, KCTS.9 RCA TTU -50C 55KW UHF transmitter tuned in mid 40'5. $1,934- $3.023.month plus liberal benefits. Sr. produce' ALLIED FIELDS Currently on air. !wail late Oct. '87. First $75.000.00. Maze arts & performance programs conceives, plans. produces HELP WANTED TECHNICAL Broadcast. 205-956-2227. from multiple- camera perfor- and coordinates material RCA TTU-60 Sixty kilowatt UHF transmitter. Mid band. mance arts documentaries. Produces KLM Video, Inc.: maintenance engineer. Experienced in programs and Stainless G -7 936' tower standing. 1100' 6 1/8" line, plus -line videos. Maintains overall content repair of GVG Equip., 1" Sony. 1" Ampex VPR -3, Ampex writes and edits off RCA UHF antenna on above tower. All can be inspected on control in conjunction with the sr director and the executive ESS -3. Sony BVU and Betacam recorders. Digital knowl- air. $200,000.00 for entire package. Maze Broadcast. producer. Researches. writes. produces and edits other edge essential. Post production contact. Jerry Schwinger. 205 -956 -2227. KCTS /9 production projects including arts and cultural do- C.E.. KLM Video. 301- 986 -7944. cumentaries for local, regional and national broadcast and Grass Valley 1600 -7K production switcher. Just removed. distribution. Maintains functional and administrative super- PROGRAMING Excellent condition. 528.500.00. Maze Broadcast. 205- vision over performing and on- camera talent in conjunction 956 -2227. with the sr. director. Minimum qualifications are: bechelor s Radio & TV Bingo. Oldest promotion in the industry Copy BVH -1100 1" VTR with 2000 TBC. Clean and ready. degree or equivalent work training experience; 3 years ex- right 1962. World Wide Bingo. P.O. Box 2311. Littleton. CO Sony $19,500.00. Maze Broadcast. 205 -956 -2227. perience in television production with credits as producer: 80122. 303- 795 -3288. proven ability in the planning. production and post- produc- For Sale MDS transmission time. Single channel MDS CMX Edge A/B roll editor. Interfaces for Betacam and Applicantions must - tion of arts and performance programs. stations in San Antonio. Killeen. Victoria & Austin. Texas. BVU -800. 2-1/2 years old. $5750. Call David 202 -722- 1. 1987. Please send be postmarked by rn dnight. Sept. Any time slot available for video and /or data programs. For 6101. two copies of cover setter and two copies of resume to: info call Judi at 512- 223 -6383. n-ES transmitting system: 2.5 GHz Repeater equipment KCTS /9 Screening Committee, Sr. Producer/Arts & Perfor- for 3 separate 2 channel repeater sites. transmitting anten- mance Programs, 401 Mercer. Seattle, WA 98109. Do not Want to broadcast the American Legion baseball World na. waveguide, transmitter/communications building. as- send videotapes. KCTS/9 is an affirmative action equal op- Series, September 3 -7. 1987? Contact Kayla Satellite sociated cables and connectors. Excellent condition. Paul portunity employer. Women and minorities are encouraged Broadcasting Network for broadcast rights in your area. Sedivy 216 -696 -6900. to apply Call 608-647-6387. Microtime Act 1 squeeze zoom for sale all up- grades. 3 Program mgr.: Strong. S.E. group -owned independent EMPLOYMENT SERVICES mo. old $16K/offer, currently on -line. 303-698 -1145. seeking an experienced. hardworking. enthusiastic pro- graming professional. Must be creative and possess excel- Overseas Jobs. Also cruiseships. travel. hotels. Listings. Used broadcast & video equipment. Vye buy sell. con- lent orgnizational and managemnent skills. Please send Now hiring. To 94K. 805-687-6000 Ext. OJ -7833. sign. service. Over 1200 units in stock. BCS- Broadcast resume and references to: Box X-43. Store - 818-845 -7000. Government Jobs $16.040 - 59,230/yr. Now hiring. Call latest Research director: W PRI -TV, the Kight -Ridder Broadcast- 805- 687 -6000 ext. R -7833 for current federal list. Computer editor. Four serial interfaces. GPI. soft- ing station in Providence. Rhode Island. is seeking an indi- ware, switcher interface convergence -104. $5.000.00. Ex- For re- vidual to develop and present to client. research sales "Breaking Into Broadcasting". exclusive 20 page cellent. 205-837-6659. tools, and direct news. program and marketing research. port mail $9 95 to Coastline Publications. PO Box 533. Sony Betacam BVW25 9 hours use. mint - $7,990. Many Formal training, a thorough knowledge of research and PC Somers Point. NJ 08244. other items available. Center Video Industrial Co. 1-- --800- experience required. Send resumes to: David Salinger. Di 621 -4354 (). rector of Marketing. WPRI -TV 25 Catamore Blvd.. East WANTED TO BUY EQUIPMENT EECO Providence, RI 02914. An equal opportunity employer. Wanting 250, 500. 1,000 and 5,000 watt AM-FM transmit- VITC and longitudinal time code generator-reader. -6659. ters. Guarantee Radio Supply Corp., 1314 Iturbide Street, VIG -850. Like new. $1.000. 205-837 Laredo, TX 78040. Manuel Flores 512- 723 -3331. 3/4" and 1" blank videotape. Evaluated tape. broadcast UCA/KCA -5 minutes. Instant cash -highest prices. We buy TV transmitters and quality guaranteed. Sample prices SITUATIONS WANTED NEWS KCA -60 minutes. studio equipment. $1.000 reward for information leading to $4.99 each. KCS -20 minutes $6.49: 1" - minutes. Elcon evaluated, shrink National award winning reporter. Eight years experience our purchase of a good UHF transmitter. Quality Media. $10.99; 60 $37.99. shipper and delivered breaking big stories. Seek top 20 market position as gener- 303 -665 -3767. wrapped. your choice of album or For more info. al or investigative reporter with station that has a committ free. Almost one million sold to professionals. 1" large quantities. 30 minutes 301 ment to news. If you're looking for a hard worker. I'm your vidoetape. Looking for or call 1-800- 238 -4300: in Maryland, call -845 -8888. longer will pay shipping. Call 301 -845 -8888. reporter. Box X -26. 10KW FM transmitter: McMartin BF -10M 7KW to 15KW Mets, Giants, Oilers, Laker.. Great teams with great team Field strength meter good condition. Charles Woodward. complete with exciter. tube set, manual, and some spares. players. Championship news teams need the same. I'm an P.O. Box 2085, Brentwood, TN 37024. Excellent condition - call 806 -372 -4518. 8 year veteran reporter /anchor who would fit in. Joe 219- Attn: Turner /millionaires. Pro sports production Eight channel audio board. Quantum 8 x 4. cue. L -R pan, 295 -1830. pany needs your extra 3/4 inch camera/editing equip - separate monitor channels. RTS stereo TT preamp. Excel- female Husband/wife anchors in top 40 sunbelt market want to ment...to start. Attractive. intelligent all staff. 301- lent. $1,000.00 205 -837 -6659. X -34. 542- 7419, 804-355-6312. Stefany share same anchor desk. Box Grass Valley 1600 -1 L only $6.500. RCATK -46 only $6,900. RCA TK -45s only $4.900. Each. One inch VTR's as low as Attractive female seeks entry-level on -air position. Broad- FOR SALE EQUIPMENT Ikegami 79s. 730 remote cast degree. radio TV experience, can edit. write and work $7.500. 77. cameras. Several large hard. Any market. Tape. Kay 316 -269 -0658. AM and FM transmitter, usen exce .ent conu.:.or Guaran- trucks available. BVH -2000 VTR. Several production teed. Financing available. Transcom. 215-884 -0888. Te- switchers available at small switcher prices. Call Marvin or Dedicated, enthusiastic assignment reporter seeks en- lex 910 -240-3856. Lynwood at Media Concepts 919- 977 -3600. try level position in small commercial TV market. Box X -44 25/20KW FM *Harris FM 25K (1986), Harris FM 25K (1983), 1984 35' video mobile unit: 2 TK -761, 1 TKP -45, 1 TK -76 not just scores. Sportscaster: Seeks station that covers 'CSI 25000E (1979), 'AEL 25KG (1977)' "20 KW FM -CCA cameras: 2 RCATH -200 1 -inch with slo-mo; 2 BVU-800 3/4" but people. Creative young anchor, reporter looking for the 20000DS (1972) Transcom Corp. 215-884 -0888, Telex decks: DL- series 8- channel Clearcom: Chyron RGU: 26' right place to work and live. Michael 305 -488 -9416. 910 -240 -3856 Gertenslager body: IHC F1954 chassis with less than 25,000 miles. Built for sports production. Jim Ohmstede. 1 814-R1 (1983) 1 KW AM "Harris MW A (1983) 'Continental 319 -291 -1206. both in mint condition "Bauer 701 (1983) 'Gates BC -1G, news van- Complete equipped with equipment per SITUATIONS WANTED PROGRAMING 17, 1J and BC500' Transcom Corp. 215-884-0888 Telex ENG your specificiations. Available 4 -5 weeks after order. Call PRODUCTION & OTHERS 910 -240 -3856 Video Brokers 305-851 -4595. in Expert in health and fitness s tr ß'uÿ e °,ng experience 50KW AM "Gates BC -50C (1966) on air w /many spares. Sony BVU 820 - Like new new heads. Sony BVU 800'5, is seeking position w,th commercial TV station to create. STEREO.' Transcom Corp. 215 -884 -0888, Telex 910- in stock at time of placing ad. Call Video Brokers health programs. news seg- 240 -3856. several develop and manage public -4595. projects. 305-851 ments. and other related television Contact Jona- 10KW AM "Harris BC -10H (1980) Mint condition, spares One inch VTR's - Sony 1000. Sony 1100 841100 A's. Ampex than 203 -255-4514. also 'RCA BTA -10H 100% spares just taken off air.' Trans- VPR 2 & VPR 28, VPR 6 w /Zeus. All VTR's with warranty corn Corp. 215-884 -0888 Telex 910- 240 -3856. I do it right! Creative, freelance public relations represen- priced as low as $15K. All with TBC and some with full industry position. Paul Anthony tative seeks challenging FM transmitters "Harris FM -10H (1974) w /MS -15 RCA consoles. Call Video Brokers 305 -851 -4595. Angeles, 213- --664- 4319 Sunset, #221, Los CA 90029; BTF -10D (1969) "RCA BTF -5B also 3B "Sparta 602A 2.5 3132. Relocatable. Grass Valley routing switchers. GVG 400 - several to FM "Gates FM-1C 1 KW' Transcom Corp. 215 -884-0888, choose from up to 64 x 64 and dual audio. Call Video Telex 910- 240 -3856. Attention to detail, results oriented, MA, communication Brokers 305 -851 -4595. re- grad. seeks position in organization or corporation that New TV startups. Quality Media can save you money Top video, and princi- Tektronix vectorscope 520 A - Like new, TEK 1480R 's, quires knowledge of A/V communication quality equipment at lowest prices. Business Plans, financ- 1740. 1750. sync gens. and test sets. Call Video Brokers ples. Hands -on experience in Corporate and TV produc- ing available. Quality Media 303-665-3767. tion. Russell 314 -257 -4977. 305 -851 -4595. new price. latest tech- Silverline UHF transmitters best Ampex ACR -25B - Good condition with spares & carts. nology. 30kw 60kw. 120kw. 240kw Bill Kitchen or Dirk Free- Get ACR back up while waiting for new generation equip- man. Television Technology 303-465 -4141. ment. Units also available with Ampex overhall and warran- MISCELLANEOUS Excellent equipment! UHF -VHF transmitters: 110KW ty Call Video Brokers 305 -851 -4595. 55KW, 30KW-used; 1 KW AM, 5 yrs old -perfect! Grass RM 440, with warranty. Primo People has the answers to your questions. News Sony edit package - 5850, 5800, Valley 950/955 sync, 1400 -12 switcher Laird 3615A; anten- first class condition. Call Video Brokers 305-851 -4595. directors and talent... find out what we can do for you... Call nas-TX line; much more! Call Ray LaRue 813 -685 -2938 Steve Porricelli 203-637-3653 or send a tape and resume Ikegami 79D with TNax - Priced right with warranty Call to Box 116, Old Greenwich, CT 06870-0116. Over 100 AM -FM trans- in stock All powers. all complete, Video Brokers 305 -851 -4595. all manufacturers, all spares. all inst. books. AM 1kw thru The Hot Sheet puts you in touch with hundreds of attrac- 50kw FM 1kw thru 40kw Besco International, 5946 Club Sony BVU 850 SP - Low hours. Sony BVP 330 cam in good Television, ra- tive employment opportunities every week! Oaks Dr.. Dallas. TX 75248, 214 -630 -3600. New # 214- condition. Sony PAL TBC -BVT 2000 P Sony triple 5" color dio, corporate communications. All areas. all levels. What's 276 -9725. monitors. Call Video Brokers 305-851-4595. more. our popular CareerLine provides confidential referral on other exciting positions nationwide! No placement fees Microwave systems. Brand names. Bought, sold. traded. Video Brokers - All equipment sold with full 30 day warran- or contractual obligations. Media Marketing, PO. Box Call for current availability Maze Broadcast. 205 -956- ty If you are not happy we want it back. Call now for other 1476 -PD. Palm Harbor, FL 34682 -1476. 813 -786 -3603. 2227. items not in ads. 305 -851 -4595

Broadcasting Aug 10 1987 78 RCA BTA 5 -G transmitter. Functional /good condition. Call Help Wanted Management Ed Sears at 812 944 -7781 or 317- 925 -6494. Grass Valley 1600-3G w /3M /E. DSK. plus many other fea- WFTX -TV, FT. MYERS - CAPE CORAL - tures. G.P Enterprises, Inc. 817 -572 -0132. NAPLES NEEDS AN AGGRESSIVE, PROFESSIONAL AND RADIO CARING GENERAL MANAGER. Recent census figures show that our ADI contains the 1st (Naples) and 3rd (Ft. Help Wanted Sales Myers) fastest growing population centers in the United States. Last year, we jumped from 107 to 101 ADI market and we believe that is just the beginning. The general manager we're looking for has broad knowledge of station oper- ations including sales and programming. He Experienced Professional Salesperson may be a G.M. or a G.S.M. or a needed for local sales in Southern Con- program director. We prefer independent experience but will consider a net- necticut. Excellent commission, growing work affiliate background. We are the market's only independent so if you're list. HOT radio station. Contact Jefferson interested in becoming part of a fast growing and well capitalized Ketcham 203 -853 -9108; Confidential. broadcast EEO. group, please send us your resume and if you qualify we'll set up an appoint- ment within two weeks. Those looking to retire in Southwest Florida need not apply Chris Duffy President and Chief Executive Officer Wabash Valley Broadcasting Corporation 9100 Keystone Crossing - Ste. 725 Indianapolis, IN 46240 WeBeJ-108 FM Wabash Valley Broadcasting Corporation WTHI -TV AM, FM - Terre Haute, Indiana WFTX -TV Ft. Myers, Cape Coral, Naples, Florida Situations Wanted Management WOGX -TV Ocala- Gainesville, Florida TeIX Entertainment, Indianapolis, Indiana EEO, M/F HERE I AM .. . WITH ALMOST 20 YEARS OF RADIO SALES AND EXECUTIVE PROMOTION DIRECTOR EXPERIENCE WITH BIG AND Want to work for a GM who thinks Promotion is one of the most important departments at the station? Cre- SMALL MARKETS. I KNOW alive. marketing -oriented person needed immediately WHAT BUDGETS AND PROFITS GENERAL at medium market network affiliate in Midwest. Strong MEAN TO A SUCCESSFUL OP- background in on -air news promotion is essential. Pre- fer previous department head experience. WII consid- ERATION. NYC AREA PRE- SALES MANAGER er highly qualified writer /producer with top notch reel. FERRED, TO WCBD -TV, Charleston, SC is Ready to move up. Very competitive salary Send re- BUT WILL LISTEN sume and salary history in confidence to John F. Car- ALL OPPORTUNITIES. GREAT seeking a GSM with experience penter. VP/GM. KEN Television. Inc.. 27th & Douglas Streets. Omaha. NE 68131. REFERENCES. RESUME ON RE- in all areas of TV sales; rep ex- QUEST. REPLY BOX X -50. perience highly desirable. Col- lege degree or equivalent Help Wanted Programing, experience. Production, Others TELEVISION Company offers excellent benefits package and salary to Help Wanted Technical be commensurate with ex- EVENT PRODUCER perience and performance. No East -coast sports arena seeks phone calls, please. Guaranteed event producer to coordinate in- confidentiality for replies and arena television system, lighting, references to: score boards, music, and inter- CNNJ WCBD -TV, Channel 2 mission activities; will work P.O. Box 879 closely with television depart- SATELLITE UPLINK Charleston, SC 29401 ment. Candidates should have ENGINEERS Attn: Personnel Dept. television and theater back- ground. interest in sports Cable News Network, the leading news EOE M F Strong system in satellite communications, has a necessity. Replies confidential. career opportunities for engineers with Box X -17. earth station maintenance experience. These positions demand an extensive background in television and satellite CABLE TV uplink engineering. There will be some PRODUCTION SPECIALIST travel involved. Turner Broadcasting Sys- ($2555 - $3154/mo. plus excellent benefits.) tem offers an excellent benefit and corn - City of Santa Monica. CA seeks production pro- pensation program. Send resume to: GENERAL MANAGER fessional with proven track record in video pro- Jim Brown, Engineering WANTED BY duction (producing, directing, shooting. edit- ing. writing, maintaining equipment); aesthetic Turner Broadcasting System, Inc. WAGT-TV, Augusta, GA talent; technical know -how; and ability to train Send resume, references, salary history and One CNN Center, Box 105366 volunteer staff. Bachelor's plus requirements by August 25. 1987 to President, and supervise Atlanta, Georgia 30348 -5366 Person- Schurz Communications, Inc.. 225 W. Colfax two years related experience. Apply TBS is an equal opportunity employer Ave., South Bend, IN 46626. No telephone nel, 1685 Main St.. Santa Monica, CA 90401, calls. An equal opportunity employer. 213 -458 -8246.

Broadcaslinp Aud 10 1987 Situations Wanted Management Help Wanted Programing, Employment Services Production, Others Continued G.S.M. Position TV Sales Manager in top market seeks G.S.M. spot in top 20 market. Years selling /manage- PROFESSIONAL JOB HUNTING? ment experience. affiliate and independent, na- VIDEOGRAPHER If you need a job. you need MediaLine. tional and local. Strong rep. background. High- A/V Department We give you job listings in news, weather, ly motivated self -starter. Excellent people skills. Industrial sports, production, programming, pro- Box X -55. Candidate must be able to write video motion, and engineering. For $37.50 scripts and handle production, direc- you get a daily report for 6 weeks Missouri tion, recording and time code editing I. 800. 237.8073 (In Situations Wanted Programing, 314- 442 -3364). MediaLine, P. O. Box 10167, of videotaped programs as well as oth- Columbia. MO 65205 -4002. Production, Others er audio/visual assignments. Position requires some travel. Candidate RENTA MAJOR MARKET VOICE should have a degree in television pro- FOR YOUR NL\NE duction Or equivalent, and at least four SMALL/MEDIUM MARKET STATION! years experience in broadcast and /or ARE You having a malo, market talent voice your 10g5 can afford industrial teleproduction. Salary corn- BEST station's promos. ID's. commercials. etc. You send THE copy. I'll send results! For info write. 1.4ffice. 2120 Mira- mensurate with experience, excellent mar Blvd.. Cleveland. OH 44121.. lust in time for the benefits. Interested applicants should new season! send resume, letter including salary history and requirements, and video- GUARANTEED JOBS taped sample of previous work to P.O. 300 listings in each BROADCASTERS ALLIED FIELDS Box 1194, Roanoke, VA 24006. JOB WEEKLY. DOUBLE MONEY- EQUAL OPPORTUNITY EMPLOYER BACK GUARANTEE if annual subscrip- Help Wanted Technical tion doesn't put YOU to work! Introduc- tory offer 6 weeks $33. BROADCASTERS JOB WEEKLY BROADCAST /CABLE 2069 Zumbehl Rd., Suite 249, LENDING PROFESSIONAL St. Charles, MO 63303. MUZAK Greyhound Financial Corporation Is building its Com- munications Finance Group and has an exciting oppor. tunity for a communications finance professional cur- Miscellaneous Sound Business Solutions' rently involved in loan origination and structuring. Prefer 4 -5 years industry experience with background MUZAK' 's a registered trademark of Muzak Lmited Partnership. in credit evaluations. wb offer an outstanding compensation and benefits CHANNEL YOUR ENGINEERING package including an uncapped sales incentive plar. PROBLEM COLLECTIONS A Director of Engineering is needed with satel- send resume history to: INTO PRIME PROFITS! lite expertise and experience. This individual Corporation will be responsible for providing technical lead- Greyhound Financial Our collection services are tailored to Greyhound Tower, #1050 ership to Muzak's Operating Divisions for all Phoenix, AZ 85077 your industry's requirements. satellite to the Muzak service transmitted by EOE /M /FN /H markets. 0ersonalized /Professional Service ' .tionwide representation Applicants should have a BA in Engineering, with 10 years experience in Audio and Radio .2mpetitive rates frequency engineering. including a primary fo- i,ESULTS cus on satellite technology. Employment Services Send resume to: ALLEN FINANCIAL SERVICES Human Resources Department 7100 Hayvenhurst Ave. MUZAK LIMITED PARTNERSHIP 10,000 RADIO, TV JOBS Van Nuys, CA 91406. 915 Yale Ave., #300 AFS 818 -785.5500 Seattle. WA 98109 The most current and complete com- Equal opportunity employer puter print -out of job listings published ever. Up to 300 weekly, over 10,000 Consultants yearly! Disc jockeys, news, program- ing, sales engineering. All market sizes, all formats. Complete money WANTED: VIDEO SYSTEMS ENGINEERS FOR back guarantee! 1 week $7.00. Spe- SELLING A STATION? cial: six weeks $15.95. You save Contact StellaCom, Inc. $26.00. BROADCAST MEDIA LEGAL SERVICES American Radio/TV, Job Market a service of McCabe & Allen Dept. F, 1553 N. Eastern Las Vegas, NV 89101 FOR IMMEDIATE LEGAL ASSISTANCE CALL

Stellacorn. Inc. provides engineering. maintenance and 1- 800 -433 -2636 operational support Ice video systems and services used (In Virginia, call 703 -361 -6907) the NASA Space Center. Houston. Texas. at Johnson QUALITY, FLAT FEE LEGAL SERVICES to our customer. we are To provide increased support AMEX MC VISA CHOICE seeking additional engineers with the folbwing qualifica- ATTENTION tions. BSEE or MSEE with 5 or more years experience in BLIND BOX RESPONDENTS video design. Experience with Image processing /enhancement tech- Advertisers using Blind niques a plus. Box Num- Excellent writing /presentation skills a must. bers cannot request tapes or tran- : 3,cs Excellent benefits scripts to be forwarded to BROAD- Vre are an equal opportunity employer ? ?? CASTING Blind Box Numbers. BOX resume If qualified. send your fo c/o Broadcasting Magazine Stellacom, Inc., Such materials are not forwardable 16441 Space Center Blvd., Bldg. A. and are returned to the sender. 1705 DeSales St., NW Houston, Texas 77058 Washington, DC 20036 Attention: Personnel Department Principals only please \z'.a:'es ïc_ec'e Business Opportunities Wanted to Buy Stations

ATTENTION NEW JERSEY FM, LPTV, and TV SELL OR TRADE Investment interested In FM APPLICATIONS PERMIT, group or COMBO CONSTRUCTION in top 150 markets. NJ, PA, FLA. preferred. Re- Call the "Advisors to the Communica- CLASS A FM RADIO STATION. ply in confidence to Mr. Stephen Kayne, Presi- tions Industry" D.B. Communications. 417 -264 -7266 M - TH. dent, c/o Skyline Media, Inc., 1451 Hwy 88 W Inc., 301 -654 -0777. Suite 3 -B, Bricktown, NJ 08724. Brokers pro- tected.

For Sale Stations r GREAT PLAINS Will You Sell Your BOB KIMEL'S AM Station? NEW ENGLAND MEDIA, INC. Class C FM located in small There are Buyers! Our market. Asking $395,000 with firm is involved in the terms. Contact: EGO or ROI Nationwide Brokerage of If your EGO is such that you must be able to tell your AM stations - only. fellow broadcasters you on a big FM or combo BILL LYTLE AM/FM - so be il. If you're interested in a good We invite your inquiry. Return On Investment and would stoop so low as to (816) 941 -3733 buy an AM standalone Ave can show you how to SNOWDEN Associates make money CHAPMAN ASSOCIATES" 8 Driscoll Dr., Albans, VT Eastern Time) St. 05478 nationwide media brokers 802 -524 -5963 9 9- 355 -0327

GEORGIA Fulltime AM, very profitable. Community REDUCED!! Institution...near Atlanta. Model studio - ((//// s.. Excellent equipment. Price less than Profitable, Central Kentucky AM Stereo. .Kf.INI7/ - eICC/ÍnCC/Inl/%%i. no. 2X gross. MEDIA IMOYCRY CONl4'LTANí{ MUST be sold. Owners other interests P0.13. 14G $1,225,000.00... $500,000.00 down. make sale necessary. TERMS. Encrno.Cal,forn3a 91426 Owner financing. Steady revenue in- Cede (eie) 986.3201 crease last 36 mons. The Shadburne Company Contact 502 -423 -1059 A.O. Healan, President Sterling Business Brokers Gainesville, GA 1-404-236 -2242

Fulltimer in Nashville. $560,000. BILL - DAVID RADIO NETWORK 100,000 watts. Southern Nebraska. Includes ASSOCIATES real estate. $590.000. Terms. For Sale - Western group of 3 AM's AM /FM. West Tenn. Only stations in county BROKERS -CONSULTANTS and $800.000. Terms 303-636 -1584 a Class C FM. $2.2 million. Business Brokers Associates 2508 Fair Mount St. Forward inquiry to Box X -25. 615- 756 -7635, 24 hours. Colorado Springs, CO 80909 or call 503-643-4930.

TELEVISION STATION CALIFORNIA ESTATE LIQUIDATION FOR SALE AM /FM, Central Coast, fastest grow- Only Class C in growing Northeast market - rank approximately 325th. One of the dominant INDEPENDENT ing county in state, #1 rated, #1 fa- stations in audience share with excellent poten- TUCSON, ARIZONA cility. $3.0mm. tial to increase revenues. Good AM station in- 602 -795 -1050 Box X -32. cluded. Call Blackburn & Co., Inc. 202 -331- 9270.

ONE TIME GROSS For MID MICHIGAN Fast Action Use Medium Market Michigan AM, for Strong AM in Medium Market for sale. BROADCASTING'S sale at less than 7 X cash flow and 1986 cash flow more than $250,000. Ask- one time gross. Asking $1,500,000 ing $1.5 million. Good owner /operator sit- Classified Qualified buyers only. Box 323 Ban- uation. Box 323 Bancroft, MI 48414. croft. MI 48414. Advertising

Broadcastino Auo 10 1987 For Sale Stations Continued

FOR SALE NEW YORK STATE Fulltime AM;FM combo in Ms. growth AM in major rated market. Only market with real estate. 10 -49% or 100 %. station licensed and physically lo- Terms. 111111 ÓCÌÁTES 111111 Call Don Kern, 1- 504 -641 -1560. cated in county. Strong tourist at- RENO 702-789-2700 SEATIIE 206 -673.21 I o tractions. Valuable real estate in- cluded. Asking $350,000 cash. FM'S & COMBOS CA-WA-OR-UT-TX-HI-NV RON HICKMAN PORTLAND. OREGON $500,000 - $5,000,000 LPTV CONSTRUCTION PERMIT (201) 579 -5232 CLIFF HUNTER - MARK STEVENS FOR SALE CHAPMAN ASSOCIATES' Contact Local Broadcasting - 4450 Echo Rd., nationwide media brokers Bloomfield Hills, Mich. 48013 or call 313 -645- 5967.

For Fast Action Use

Classified Advertising

BROADCASTING'S CLASSIFIED RATES All orders to place classified ads & all correspondence DeSales St., N.W., Washington, DC 20036. pertaining to this section should be sent to: BROAD- Advertisers using Blind Box numbers cannot request CASTING, Classified Department, 1705 DeSales St., audio tapes, video tapes, transcriptions, films, or VTR's N.W., Washington, DC 20036. to be forwarded to BROADCASTING Blind Box num- Payable in advance. Check, or money order only. Full & bers. Audio tapes, video tapes, transcriptions, films & correct payment MUST accompany ALL orders, VTR's are not forwardable, & are returned to the sender. When placing an ad, indicate the EXACT category de- Publisher reserves the right to alter classified copy to sired: Television, Radio, Cable or Allied Fields; Help conform with the provisions of Title VII of the Civil Rights Wanted or Situations Wanted; Management, Sales, Act of 1964, as amended. Publisher reserves the right to we will News, etc. If this information is omitted, deter- abbreviate, alter, or reject any copy No personal ads. mine the appropriate category according to the copy. Rates: Classified listings (non -display). Per issue: Help NO make goods will be run if all information is not includ- Wanted: $1.00 per word, $18 weekly minimum. Situa- ed. tions Wanted (personal ads): 600 per word, $9.00 week- The publisher is not responsible for errors in printing due ly minimum. All other classifications: $1.10 per word, to illegible copy -all copy must be clearly typed or print- $18.00 weekly minimum. Blind Box numbers: $4.00 per ed. Any and all errors must be reported to the classified issue. advertising department within 7 days of publication date. No credits or make goods will be made on errors Rates: Classified display (minimum 1 inch, upward in which do not materially affect the advertisement. half inch increments), per issue: Help Wanted $80 per inch. Situations Wanted: (personal ads): $50 per inch. All Deadline is Monday at noon Eastern Time for the follow- other classifications: $100 per inch. For Sale Stations, ing Monday's issue. Earlier deadlines apply for issues Wanted To Buy Stations, Public Notice & Business Op- published during a week containing a legal holiday, & a portunities advertising require display space. Agency special notice announcing the earlier deadline will be commission only on display space. published above this ratecard. Orders, changes, and /or cancellations must be submitted in writing. (NO tele- Word count: Count each abbreviation, initial, single fig- phone orders, changes, and /or cancellations will be ac- ure or group of figures or letters as one word each. cepted.) Symbols such as 35mm, COD, PD,etc., count as one Replies to ads with Blind Box numbers should be ad- word each. Phone number with area code or zip code dressed to: (Box number), c/o BROADCASTING, 1705 counts as one word each. Bob Surber, general manager, KUPK -TV Gar- joins Chiat /Day, San Francisco, as manage- Media den City, Kan.. named general manager, ment supervisor. Western division, Kansas Television Net- work, including KUPK -TV and KLBY-TV Colby, Joseph E. Candido, director. program and Kan. sports compliance, to VR compliance and practices, West Coast, Los Angeles. Rick Feinblatt, general sales manager, w(OQ(FM) Philadelphia, joins WYSP(FM) there Appointments at Price Communications as station manager. Corp.: John T. (Jack) Mazzie, VP and general manager. WEEK -TV Peoria. Ill., to VP and Craig R. Thompson, senior financial analyst, general manager, Price's WZZM -TV Grand Ra- treasury department, Warner Cable Commu- pids. Mich., succeeding John DeRoche, re- nications Inc., Dublin, Ohio, named general signed. Patrick J. Devlin, consultant, Price manager, Warner Cable Communications Communications Corp., New York, and for- Inc.'s Claremont, N.H., cable system. mer president, Television. to VP and Blair Terry South, operations manager, Centel general manager, WEEK -TV; John W. (Jack) Kuperman Nuooc Business Systems, Los Angeles. named man- West, VP WREX -TV Sharon Mosse, senior VP managemen and general manager, ager, customer service, Centel Cable Televi- and Rockford. Ill., to same capacity, KFDX -TV representative, Backer Spielvogel Bates Inc. sion Companies, Oak Brook, 111. Patricia Wichita Falls, Tex.; John Hayes, VP and gen- New York. named executive VP and manage Simmons, former legislative director, Repre- eral manager, WNBC(AM) New York, to same ment representative. sentative Dan Coats (R- III.), joins Centel capacity, KIOI(FM) San Francisco; Mark Corp., Washington, as general manager, gov- William L. Clayton, executive VP and general Vander Starre, controller, WZZM-TV, adds con- ernmental relations. manager, D'Arcy Masius Benton & Bowles troller. television. Price Communications Inc. /Worldwide Communications, Chicago, Corp., to his responsibilities. Appointments at TEMPO Cable Inc., Doug - named senior VP and finance lasville, Ga.: John Lord, systems manager, director, and Andrew Ockerhausen, former VP, human resources, New York. executive Sayre and Cordell, Okla., and Nocona, Tex., WMAI.(AM)- WRQX(FM) Washington, joins cable systems, named systems manager also Phil Roberts, senior VP, Masla Radio, New WFI'YrrV) there as general manager. of Canyon, Suburban, Rockwell and Dalhart, York, joins Roslin Radio Sales Inc. there as John Squyers, general sales manager, Tex., cable systems; Bill Barnes, systems executive VP. KROY(FM) Sacramento, named general manager DeQueen, Horatio, Murfreesboro, Calif.. Bertrand Hopt and Lori O'Rourke, media su- manager. Wright City, Ark., and Valliant, Okla., pervisors, Calet, Hirsch & Spector Inc., New named systems manager also of Huntington/ John Gehron, operations director, WLSIAM) York, named VP's. Mansfield, Ark., and Stigler, Holdenville and Chicago, joins WMRQ(FM) Boston, as VP and Okemah, Okla., cable systems. Jess Salafranca, former financial manager, general manager. KHOU -TV Houston, joins WESH -TV Daytona William Paul Morton, director, programing, Beach, Fla., as VP and treasurer. Cablevision of Connecticut and Cablevision of Southern Connecticut, Norwalk, Conn., Carin Callisch, media buyer, Douglas, named assistant general manager of both ca- Rosewater & Brown, San Jose, Calif., joins ble systems. Carter Callahan Advertising & Public Rela- tions there as media director. Bob Mitchell, program director, WKSS(FM) Hartford- Meriden, Conn., named operations Debra E. Picker, research analyst, BBDO, manager. Chicago, named senior research analyst. Rich Lewis, announcer, WEZF(FM) Burlington, Richard Kerstein, VP and senior art director, Vt., named operations director. Arnold & Co., Boston, joins Girardini /Rus- sell Inc., Watertown, Mass., as senior art di- Billy Stallcup, business manager, WLEX-TV rector. Gehron Handy Lexington, Ky., named controller. Bill Lage, general and national sales manager, Peter Handy, general sa es manager, Sconnix Simuel R. Wilson, controller, WCOV-TV Mont- WPCQ-TV Charlotte, N.C., joins Raycom Broadcasting's WBOX(FM) Boston, to VP and gomery, Ala., joins co -owned WLEx -TV Lex- Inc., TV program syndicator, there as direc- general manager, Sconnix's WFLA(AM)- ington, Ky., as manager, finance and admin- tor, sales, Southeast region. WPDS(FM) Tampa. Fla. istration. Elizabeth Keller, account executive, W.B. Robert L. Ballantine, VP and general man- Steve Clinehens, independent marketing con- Doner & Co., Detroit, named senior account ager, Faircom Inc.'s WSBH(FM) Southampton, sultant, joins noncommercial KSKA(FM) An- executive. N.Y., named VP and general manager Fair- chorage as development director. corn's WTMA(AM)- WSSX -FM Charleston, S.C. Steve Ockerman, copywriter, Meldrum & Paula Manning, receptionist, KFI(AM)- James C. McCaffrey, director, sales, South- Fewsmith, Southfield, Mich., joins R. J. Ba- KOST(FM) Los Angeles, named assistant to west, NBC Radio Network, New York, suc- ker Advertising, Troy, Mich., in same capac- station manager. ceeds Ballantine at WSBH(FM). ity. Morrie Beitch, general sales manager, TVX Bruce Werner, account executive, Torbet/Se- Broadcast Group Inc.'s KRRT(TV) Kerrville, lect Radio, New York, named account execu- Tex., named VP and general manager, TVX's Marketing tive, Boston. WMKW-TV Memphis. Bob Kuperman, executive VP and executive Angelica Martin, account executive, Select Dolores A. Drolette, controller, WCAX -TV Radio, creative director, Doyle Dane Bernbach/ Chicago, and Annie Zoller, account Burlington, Vt., named VP and controller. West, Los Angeles, joins Chiat/Day Inc. ad- executive, Tobet Radio, Chicago, join Hillier, Wechsler as Pierre Racicot, assistant VP, human re- vertising there as executive VP and creative Newmark, & Howard, Chicago, account sources, Canadian Broadcasting Corp., To- director. Alan Campbell, former president and executives. ronto, named VP, human resources. CEO, Young & Rubicam/Zemp, Miami, Dan Wall, account supervisor, KSAS -TV Wich-

Broadcasting Aug 10 1987 Al Leila Maw, manager, Granada Television In- Philport to Nielsen. Joseph Philport, president, AGB Television Research which is about ternational, New York, named director, Gra- to start a people -meter television service, resigned suddenly last week, and will join A.C. nada Television International. Nielsen as senior vice president, director of market development, effective Sept. 1. Victoria del Rosario, feature booker, Orion Philport will work with Nielsen clients to determine their needs for new research and Television Syndication, Los Angeles, named related products and services, including people meters, syndicated program and cable head booker. measurement services, and local broadcast measurment services. At AGB, the company's chief executive officer, Michael Poehner, has assumed the title of Kathleen Mary Ricci, director, creative af- president, while, Barry Kaplan, vice president in charge of network sales, has assumed fairs, Fred Silver Co., Los Angeles, to VP, Philport's day -to-day marketing responsibilities. According to Poehner, Philport's role at talent relations, NBC there. Marianne FI- AGB was largely in marketing and not development. AGB is also considering whether it scher, production manager, NBC Sports, has grounds to seek a legal injunction that would bar Philport from any people meter- New York, named director, sports operations, related activity at Nielsen, given all the confidential information he was privy to at AGB. advanced planning. "That's an issue right now," Poehner said, although he stressed AGB had not yet deter- Appointments at ABC Television daytime mined if the company could take legal action. AGB also put out a statement saying it drama, One Life to Live, staff, New York: Paul would launch its service as scheduled on Sept. 1. Rauch, producer, to executive producer; For his part, Philport said his decision was a "personal business opportunity" he Charlotte Weil, coordinating producer, to pro- couldn't pass up. Philport will also explore the development of single- source research ducer; Lisa Hesser, associate director, to as- technology at Nielsen. sociate producer. Karen S. Jarmon, director, marketing and ita, Kan., named local sales manager. Mitchell Galin, VP, production, and Michael programing, Connecticut systems, United Joseph Connor, local sales manager, G. Gornick, VP, production, to senior VP's; Cable Television Corp., Denver, joins Bravo WFSB(TV) Hartford, Conn., joins WTWS(TV) Diane Vilagi, business affairs administrator pay cable, New York, as Eastern regional New London, Conn., as regional sales man- and production controller, to VP, production sales manager. administration. ager. Lisa A Gamboa, account executive, King Leon Clark, regional sales manager, KFI(AM)- Michael Lombardo, director, business affairs, World, Los Angeles, and C. William DeWert, KOST(FM) Los Angeles, named national sales West Coast, Home Box Office Inc., Los An- program and operations manager, WHO -TV manager. Richard Wolper, from wwwM(FM) geles, named VP, business affairs, West Des Moines, Iowa, join Buena Vista Televi- Sylania, Ohio, joins KFI -KOST as account ex- coast. sion, Dallas, as, respectively, account execu- ecutive. tive, Southern division, and account execu- tive, Midwest division. Jane Guilfoyle, producer, WMGK(FM) Phila- Resnick, sales assis- delphia, and David Alan John Frawley, operations director, WHAV(AM)- Television Sales, Nev. tant, ABC National WLYT(FM) Haverhill, Mass., joins WBZ(AM) York, join KYW(AM) Phildelphia as account Boston as program manager. executives. Joe Oulvey, recent graduate, Western Illinois Dick Lee, afternoon drive personality Macomb, joins wHOI(TV) Peoria, WDZD(FM) Shallotte, N.C., assumes addition- Ill., as account executive. al responsibility as program director. Malcolm Hudriede, general sales manager, John Kongolo, supervisor, corporate ac- Kxus(FM) Springfield, Mo., joins KOLR(TV) counting, Children's Television Workshop, manager. Mark there as account executive. Lombardo Brenner New York, named accounting Appointments at USA Network, New York: Guarino, staff accountant, named senior ac- Maureen S. Carson, from KSTP -TV Minneapo- Stephen Brenner, VP, business affairs and countant. WTNH -TV New Haven, Conn., as lis, joins general counsel, to senior VP; Ray Giaco- account executive. Pamela K. Browne, producer, WNEV-TV Bos- pelli, research analyst, to senior research ana- ton, joins WCAU -TV Philadelphia as executive Vicki Jones, traffic assistant, KZKC(TV) Kan- lyst. producer, entertainment programs. sas City, Mo., named traffic manager. Appointments at The Disney Channel: Cheryl Head, former executive assistant to George W. Leitner, accounts director, 11m Greenier, account executive, WGBO -TV national president and general manager, noncommer- New York, to VP, national accounts, Bur- Joliet. Ill.. named national sales manager. cial wTvs(TV) Detroit, rejoins station as di- bank, Calif.; Charles Nooney, director, West- Dodson, account executive, Blair rector, production. Nancy ern division, Burbank, to VP, affiliate oper- Angeles, KSBY Communications, Los joins ations, there. Kevin Weatherly, music director, KZZP -FM Tv San Luis Obispo, Calif., as national sales Mesa, Ariz., joins KMEL(FM) San Francisco in Sandra Henry Morris, director, business af- manager. same capacity. fairs, Lorimar- Telepictures, Culver City, Ca- executive, KLUV -FM Steve Bishop, account lif., named VP, business affairs. David Hop, from WCCO -AM -FM Minneapolis, Dallas, and Susan Manning, media buyer, joins WAYL-FM there as morning announcer. Bloom Advertising, Dallas, join KDFW-TV Dan Acree, director, marketing, KITS -AM -FM Worcester, Dallas as account executives. Los Angeles, joins Wally Clark Co. radio Bob Rivers, from WAAF(FM) syndicator and consultancy firm, Burbank, Mass., joins WIYY(FM) Baltimore as morning Calif., as VP, marketing. announcer. Programing Laurey J. Barnett, director, programing, Grant Napear, weekend sports anchor, United Television Inc., Los Angeles, named WAND(TV) Decatur, Ill., joins KRBK -TV Sacra- Robert M. Gutkowski, president, Madison VP and director, programing, United's five mento, Calif., as sports director. Square Garden Network, New York, named TV stations and also Chris -Craft Industries' Kevin Davenport, late night personality, KBTS- executive VP, newly formed MSG Communi- KCOP(TV) and KPTV(TV) Port- Los Angeles FM Tex., named midday personality cations Group there. Bruce Lucker, president, Austin, land, Ore. music coordinator. Lucker & Co., entertainment consulting and director, KBHK -TV San firm, New York, joins MSG Corp. as execu- Leslie Glenn, research Robert Benjamin, announcer, WXRK(FM) New tive VP, MSG Entertainment Group, there. Francisco, joins Columbia/Embassy Televi- York, named music director. sion, Burbank, Calif., as director, television Norman Stephens, VP, movies and mini -se- research. Curt Lundgren, announcer, WCCO(AM) Min neapolis, named music director. ries, Warner Bros. Television, Burbank, Ca- Alyssa Padia, direct marketing supervisor, lif., named VP, drama series development. Walt Disney Music Co., Burbank, Calif., Yvonne Karlin, media buyer, Rubin Postaer & Appointments at Laurel Entertainment, Los joins Hanna -Barbera Productions as director, Associates, San Diego, joins KYXY(FM) there Angeles: Virginia McGuire, VP, finance, home video marketing, there. as evening announcer.

Broadcasting Aug 10 1987 CA KPRC(AM) there as morning talk show host. Jon Crispin, budget News and Public Affairs Camilla Carr, weekend anchor and reporter, director, DeLaurentiis WCAU -TV Philadelphia, joins WBAL -TV Balti- Entertainment Group Steve Wasserman, news director WCBS -TV, more in same capacity. Inc., Beverly Hills, New York, joins WPLGITV) Miami as VP. Calif., joins Media - Stuart Madduz, recent news. graduate, University tech West television of Missouri, Columbia, joins WHOI(TV) commercial distribu- Paul Paolicelli, news Peoria, Ill., as photographer. tor and videotape du- director. WESH -TV Appointments at WITN -TV Washington, plicator, Chicago, as Daytona Beach. Fla., N.C.: Neil Fox, producer. adds duties as morning VP, sales and market- joins KPRC -TV Hous- anchor; Audrey Kelsey, weekend ing. ton. as VP and news producer, to weeknight producer; Mike McVey, parttime Dean Flygstad, VP, director. Crispin producer, to weekend producer. engineering, Telex Ned Potter, correspon- Giselle Fernandez, weekend anchor Communications Inc., Minneapolis, named dent, CBS News, Bos- and re- porter. KTLA(TV) Los Angeles, senior VP, science and technology. Joseph ton, joins ABC News joins WBBM -TV Chicago as general assignment reporter. Winebarger, succeeds Flygstad as VP, engi- as general assignment neering. correspondent. Phila- delphia. Technology Ginnie Gardiner, director, sales, Charlex Pro- ductions Inc.. New York, joins Post Perfect Ken Murphy, political Inc., post production facility there, as direc- reporter. WIBW -TV Topeka. Kan.. joins Raymon A. Heaton, president, Atlanta Instru- tor of sales. Chronicle Broadcasting, Washington bureau, mentation Division, Scientific Atlanta Inc., Steve Little, as assignment manager. Atlanta, joins Radiation Systems Inc.. Ster- sales and marketing executive, Research Technology ling, Va., as VP, operations. SatCom Tech- International, Lincoln- Steve Boyer, news assignment editor, nologies Division. wood, III., manufacturer of videotape inspec- wsVNrrv) Miami. joins wctx(rv) there in tion and cleaning equipment, named director, same capacity. Jim Guthrie, director, national sales, The broadcast sales. Droid Works. Los Angeles, joins Mitsubishi Jim Hill, sportscaster, KCBS -TV Los Angeles, Michael Wuellner, national sales Pro Audio Group, San Fernando, Calif., as coordinator, joins KABC -1'V there in same capacity; he will U.S. national sales manager. Joe Gortinkle, professional products, Nakamichi U.S.A. also host ABC-TV's NCAA Scorebo nl, foot- technical services manager, digital audio, Corp., Torrance, Calif., joins Audio -Tech- ball feature. nica Westlake Audio, Los Angeles, and Michael U.S. Inc., Stow, Ohio, manufacturer of microphones, as sales Appointments at WHAL -TV Baltimore: Tony May, operations manager, Digital Dispatch, manager, professional products. Regusters, news and public affairs producer. Los Angeles, join Mitsubishi Pro Audio w'rrG(Tv) Washington, to producer. news at Group, as regional sales managers. Stuart Al- James D. Moldow, account executive, Video noon: Joe DeFeo, producer, news at noon, to lyn, applications engineer, Martin Audio /Vid- Dub inc., New York, joins TPC /Channel producer. all weekend newscasts and special eo, New York, joins Mitsubishi Pro Audio One, Sewickley, Pa., post- production and projects: Brenda Teele, student, Howard Uni- Group there as regional sales manager. tape duplication facility. as sales representa- versity, Washington. to production assistant. Roy Briscoe, noon an- chor for 16 years at WBNS -TV Columbus, Ohio, and anchor of ng ii various Broadçasti news pro- The Newsweekly of the Fifth Estate grams since joining 1705 DeSales St., N.W., Washington, D.C. 20036 -4480 station in 1958, retires for health reasons. Please send ... (Check appropriate box)

Appointments at LI Broadcasting !° Magazine WTOPIAM) Washing- 3 years 2 ton: Grant Winter, S190 years $135 1 year $70 6 mos. $35 writer -producer, (International subscribers add $20 per year) morning news. MLA- TV Washington, to AM drive editor; Brian Broadcasting DI Cablecasting Yearbook 1987 Morton, news director. noncommercial The complete guide to radio, TV cable and satellite facts and figures -$105. WMUC -FM College Park, Md.. to assistant edi- (if payment with order $90) Billable orders must be accompanied by com- tor: Paul Sherry, sports reporter, WIZ -TV Balti- pany business card or company purchase order. Off press March 1987. more, and Paul Greenberg, wrGP(AM) intern, Please give street address for UPS delivery. add duties as weekend sportcasters; Kyle To order by MASTERCARD, VISA or CHOICE credit cards. phone toll free 800 -638 -SUBS Johnson, assistant editor, adds duties as on- air reporter. Name Payment enclosed M.J. Bear, producer, KCRG -TV Cedar Rapids, Iowa, and Theresa Rossi, managing editor. Company Cl Bill me WWAY(TV) Wilmington. N.C., join WxuITV) Winston -Salem. N.C., as news producers. Address Home? Yes No Jan Karyl, reporter. KOSA -TV Odessa. Tex., City joins wxtierV) as Greesboro, N.C.. bureau State Zip chief. Type of Business Title /Position Jim Condelles, reporter and anchor, New York Times Broadcasting's WHNT-TV Hunts- Signature Are you in cable TV operations Yes ville. Ala., joins co-owned WREG -TV Mem- (required) No

I phis as reporter. `., I Daniel Dobrowolski, weather anchor, For renewal or address change I WEWS(rV) Cleveland, joins WFLD(TV) Chica- place most recent label here go as meteorologist. I J1 l Roger Gray, from KHOU -TV Houston, joins

Broadcasting Aug 10 1987 85 as attorney specializing in communications, corporate, transactional and securities mat- ters.

Deaths

William A. Marsteller, 73, retired founder of Marsteller Inc. advertising agency, New York, and co- founder Burson -Marsteller pub- lic relations, New York, died Aug. 3 at his Palm Beach, Calif., home of causes family refused to identify. Author of corporate memoranda anthologies, "The Wonderful World of Words" and "Creative Manage- ment," and former VP, marketing, Rockwell Manufacturing Co., Chicago and Pittsburg,

O'Reilly Goldstein he was inducted into Advertising Hall of Whitewater tragedy. Five advertising executives were killed on Saturday, Aug. 1, when Fame in 1979-same year his companies they were thrown into the rapids of the Chilko River in British Columbia from their inflatable were both acquired by Young & Rubicam, raft. Among the dead was Richard T. O'Reilly, 65, who had been a top executive with Wells, New York. Marsteller Inc. is now part of Rich, Greene and SSC &B before becoming a consultant in 1975 and handling President HDM Agency, owned jointly by young & Reagan's 1980 advertising campaign. Recently he had been serving as the national Rubicam, Havas Conceil of Japan and Dentsu director of the Média- Advertising Partnership a for a Drug -Free America. Also killed in the of Japan. He is survived by wife, Gloria, two accident were Robert V. Goldstein, 50, vice president of advertising, Procter & Gamble; daughters and two grandchildren. James Fasules, 63, former senior vice president of DDB Needham Worldwide, Chicago, Floyd Hall, 79, radiò engineer, died July 24 of and Stuart Sharpe, 37, and Gene Yovetich, 41, both senior vice presidents and account heart failure at Loma Linda Community Hos- managers at DDB in Chicago. Survivors included Michael Miles, president and chief pital, Loma Linda, Calif. He established one executive officer of Kraft Inc., and Al Wolfe, president of U.S. Division of DDB Needham. of California's first radio stations in Long Beach in 1924 and was engineering and tive. Laura Lambers, executive secretary, WHEC- building consultant up until his death. He is Peter Fatovich Jr., director, marketing, TV Rochester, N.Y., named assistant promo- survived by wife, Frances, a daughter and Broadway Video, New York, joins VCA Te- tion director. two grandchildren. letronics Inc., New York, production facility, James A. Thomas, promotion writer and pro- Eric Saltine, 65, retired director, affiliate rela- as account executive. ducer, WTAE -TV Pittsburgh, joins WOTV(TV) tions, CBS Radio, New York, died Aug. 4 of Sean Phillips, graphic artist, Creative Tech- Grand Rapids, Mich., as promotion manager. heart attack at Felps Memorial hospital, nologies, Troy, Mich., joins Grace & Wild North Tarrytown, N.Y. Salline, Appointments at Prism Entertainment: Amy Studios, Detroit, as computer graphic artist ploye of CBS Radio, joined company in Sexauer, director of special projects, Con- and operator. 1940's in short wave department and later gress Video, New York, to manager, advertis- worked in sales service department before Robert M. Gordon, manager, technical plan- ing /public relations /special events; Clay Bax- moving to affiliate relations. He retired in ning and former general manager, noncom- ter, Western regional sales manager, Congress 1984. Salline is survived by his wife, Ruth, mercial KNME -TV Albuquerque, N.M., retires Video, New York. to same position at Prism, son and daughter. after 28 years with station. Los Angeles; Diana Dearlin, senior designer, creative services, Prism Entertainment, New died July Marvin Hite, transmitter supervisor, WBNS -TV Loren Bridges, 86, radio engineer, manager, Los Angeles; Lynn Franks, Columbus, Ohio, named assistant chief engi- York, to 25 of heart attack at Bonner General hospital, assistant, creative services, to project coor- -AM- neer. Sandpoint, Idaho. Beginning with KTIS dinator, L.A.; Hiede Marie Cantor, assistant to FM Minneapolis, in 1949, he designed 25 Larry Beavers, chief engineer, KGRO(AM)- director, operations and production, L.A., to Christian radio stations and served as radio KRAV(FM) Tulsa, Okla., joins noncommercial project coordinator, production there; Sarah consultant for Billy Graham Evangelistic As- WEVO(FM) Concord, N.H., as engineering Mandell, assistant, acquisition and develop- sociation. He is survived by wife, Martha, manager. ment, to copy and son. writer, creative group, L.A. Carlton Fredericks, 76, host of nutrition ad- Allied Fields vice call -in program, Design for Living, on Promotion and PR WOR(AM) New York, died of heart failure July 28 at St. John's Hospital, Yonkers, N.Y. His Tim Duncan, president, Boston Media Con- advocacy of nutritional treatment for com- William J. Goodell, director, external commu- sultants, and research consultant for Adver- mon medical disorders brought both Federal nications, Ford Motor Co., Dearborn, Mich., tiser Syndicated Television Association, New Food and Drug Administration and Federal named executive director, corporate public York, named executive director, ASTA, suc- Trade Commission attention to his work in affairs; Jerry L. Sloan, VP, public relations, ceeding Warren Boorom, retired. 1960's. His program aired weekdays and Sat- replaces Goodell as director. He is survived by Ted Turner, chairman and president, Turner urdays for past 30 years. Betty, and three children. Appointments at NBC: Patricia Schultz, man- Broadcasting System Inc., Atlanta, named wife, ager, media relations. NBC Productions, to 1987 recipient of Lowell Thomas Award for television per- manager, corporate information, West Coast; achievements in electronic journalism, pre- , 56, musician and heart failure at Booth John Paul Rosas, manager, media services, sented by International Platform Associ- sonality, died Aug. 4 of Ky. He was production, Burbank, Calif., to director ation- 156-year -old lecture circuit organiza- Memorial Hospital, Florence, radio show, there; Iris Gelt, VP, account operations, Bend- tion. featured on WLW(AM) Cincinnati Hayride, from 1954 to 1972. er, Goldman & Helper, to media representa- William S. Rubens, VP, research, NBC, New Midwestern television program also tive. York, named president, Market Research Syndicated featured him as singer and "Elrod the Sheriff' Council, 1987 -1988 term, following tenure Kit Simon, director, advertising sales, Mid- 1973 until his death. He hosted Nash- as council's VP, 1986 -1987. from west division, Buena Vista Television Inc., ville Network's weekly travel program, Wish Burbank, Calif., named director, national ad- Jeffry L. Hardin, attorney, Vinson & Elkins, You Were Here, since spring, 1986. He is sur- vertising /promotion. Washington. joins Fleischman & Walsh there vived by wife, Donna, and three children.

Broadcasting Aug 10 1987 oc C c { istc ter

Mary Alice Williams: one at WPlx(TV) New York as a writer. After about two months she became an executive delivering the great producer and news manager. A year later, American newscast she joined WNBC -TV New York as a reporter and anchor for the morning and weekend Mary Alice Williams wanted to write the news and worked there until joining CNN in Great American Novel. "But," she says in 1980. her office with its expansive windows over- Of the cable network's early years, Wil- looking midtown Manhattan, "it didn't work liams says there were three objectives: to out that way." Right now she hasn't the time make a TV news operation that could suc- to write much of anything besides directives ceed as a business, by itself with "no board and memos -the work of a Cable News Net- of directors, flushed with entertainment work vice president who doubles as network profits, to which we could go begging"; to news anchor. gain credibility within the industry, and to Williams runs the 24 -hour cable network's develop enough recognition that people second largest bureau and largest production would agree to be interviewed and "come to facility outside CNN's Atlanta headquarters, our cameras-like the other guys." MARYAucE WILLIAMS-vice president, Cable overseeing six divisions and 200 people. It is Additionally, CNN has earned its reputa- News Network, New York, and anchor, CNN's a position requiring "a constant concentra- tion for providing live coverage of major New8Watch and Prime News; b. March 12, tion on things and not people or events," she events. From the raid on Tripoli, to the Chal- 1949, Minneapolis, Minn.; BA, English and says, "clearing the obstacles away, so the lenger, to Chernobyl, "people got used to mass communications, Creighton University, people here can do journalism." tuning in to CNN ...Now everybody is Omaha, 1971; reporter, summers and school It also means taking a back seat in the more willing to go live because that trade- vacations, 1967 -71, KSTP -TV Minneapolis; line journalism department. "Last night," she re- mark of ours has, I think, forced a little producer and executive producer, KSTP -Tu marked, "I wrote for the first time in two competition." CNN at seven years old "has 1971 -1972; writer, executive producer and weeks." As anchor for Newswatch at 5 -6:30 gotten, I think it's fair to say, a lot of prestige news manager, wPix)TV) New York, 1973 -1974; p.m. (NYT) and Prime News at 8 -9 p.m., and a lot of credibility," she says. During the reporter and anchor, wNec -TV New York, Williams reads what is mostly the work of network's first year "we used to call our- 1974 -Dec. 31, 1979; New York bureau chief others every Monday through Friday. She selves Junior Network. It's not Junior Net- and anchor, CNN, January, 1980; present wishes her administrative job gave her more work anymore." position since 1982; single. time for hands -on work in news. Asked where she sees herself 10 years "My favorite room in all of American hence, Williams replies: "I've never done television is the edit room, the one I only summer job as a producer. "Now imagine," that. All the way along, whatever I was do- wave at now," she says. "I don't get to do a the slim executive says today, "165 pounds, ing, that's what I was doing now, and when- lot of that, but I figure reporters do stories all braids down to my waist, a high soprano ever anything came along, I just did it...It's day, every day, waiting for the big one. voice, and 18." hard to know what's going to happen in tele- When the big one comes along, I think it The station had no producer availabilities, vision now." would be terribly unfair for the principal an- but she was hired as a reporter. At the time Nonetheless, she'd "love to break that chor or a vice president to take that story "the story, the trend in the country, was glass ceiling," she says, referring to the jobs away from those people." young people," Williams recalls. It was a she says women have not been able to attain Her current role "really keeps my hand in time "when the baby boomers were sort of at the commercial broadcast networks, such on both sides," and each part of her job sup- on the march at a number of different lev- as top level executive positions and the ports the other, she says. "I think I'm a better els," participating in rock festivals, campus prime time evening news anchor desk. "If anchor for understanding that these people riots, antiwar protests. the women's move- it's not me, it's going to be somebody else do the work, and at the end of the day I sit ment. "They were my peers," she says. and I'll be cheering just as hard." down and represent them the way they de- She reported at KSTP-TV during summers Asked if she hasn't already achieved that, serve to be represented ... And if I don't, and school vacations while attending she says: "There isn't a glass ceiling here. they get to throw pencils at me." she says. Creighton University in Omaha. Upon Well," she says as she looks at her glass - "Would I be allowed to do this anywhere graduation, in 1971, she became a producer enclosed office, "there is, but I designed this else? Probably not. In fact, most surely not." for KSTP-TV's 6 p.m. newscast. She eventu- glass ceiling." At CNN, she says, "we are Williams's inside perspective is one de- ally became an executive producer. constrained by the finite number of jobs veloped since before the network debuted on In October 1972 she gave it all up, put on there are at the top, as is true in any corpora- June I, 1980. Hired as New York bureau a backpack and headed for Europe with a girl tion. But I don't believe we're constrained chief, and part of a group made up mostly of friend. But by December she was "terribly by gender at all." reporters charged with designing the net- homesick" and headed home for Christmas. When she is not overseeing CNN's New work, she has seen CNN grow from a staff of As fate had it, a New York snowstorm de- York bureau or reporting on the people and 250 into a global television network with layed her connecting flight to Minnesota. events that shape the world, Williams spends 1,600 employes. CNN can now be seen in As she remembers, "I had $6.65 in my her time visiting her family, now scattered 54 countries and 41.1 million U.S. homes. pocket. So I spent $2.50 on a bus and came throughout the U.S., or renovating "a very The path that led to CNN began in Minne- into Manhattan because I had heard of it." old and unstable apartment" on Manhattan's sota, where she grew up in a family of five Getting off on Madison Avenue, as a light West side. children and where an interest to "be in a snow fell on a city filled with holiday spirit. She says she has tended to keep "a long position where I could see things firsthand she started walking, passing city landmarks. view" of things throughout her career, focus- and meet the people who make decisions" It was Dec. 18, 1972, she recalls. "I decided ing on what she wanted to do, and turning first developed. this was it. I was going to stay." any obstacles along the way into opportuni- Her career as a journalist began the day But first she went home for Christmas. ties. "As long as you have your eye on that," after her graduation from high school. She and for replenishment of the resources need- she says, "so you trip on a curb every now went to KSTP-TV Minneapolis and asked for a ed to seek a career in New York. She found and then." N

Broadcasting Aug 10 1987 R7 /Ann p0eg 1

Bradley P. Holmes, former aide to FCC Chairman Dennis Patrick Also in running were William Esty Co. and Tatham -Laird & and now chief of Mass Media Bureau's policy and rules division, is Kudner. Esty landed account in 1977 when it billed $40 million. White House's choice for FCC's fifth commission seat. According o to sources, administration selected Holmes last Thursday to fill seat that's been vacant since former Chairman Mark Fowler de- WEwsml Cleveland has been awarded rights to Cleveland Browns parted in April. Formal announcement, however, won't happen game in ESPN's NFL package by Ohlmeyer Communications. until completion of FBI check, which takes up to 60 days. Pulling Cleveland was only city in which broadcast right remained unre- himself out of running for FCC slot earlier this week was Craig solved since Ohlmeyer finished bidding of the games two weeks Smith, president of Freedom of Expression Foundation. Smith said ago (BROADCASTING, Aug. 3). he asked White House to withdraw his name. His chances were said to have decreased dramatically after FCC's Meredith decision In survey of top cable MS0 executives, 67% believe that altering CNN last week. Smith's foundation is chief critic of fairness doctrine Headline News to carry financial news during day would hurt their and it was felt his nomination would face stiff resistance from cable business. Marquest Research, Beaufort, S.C, received reac- Senator Ernest Hollings (D- S.C.), whose committee must sanction tion from 15 of top 23 MSO's, including seven of top 10. Of senior FCC appointments. managers interviewed, 13% thought news shift would help their o business, 13% said it would make no difference and 7% had no Senator John Danforth (R -Mo.) last week ced his support of S. opinion. 889, legislation aimed at introducing more competition to home satellite marketplace. Danforth's decision to back bill was influ- Last Thursday Hallmark Cards and First Chicago Venture Capital enced by testimony at Senate Communications Subcommittee closed their $297 -million purchase of five TV stations and five low hearing on TVRO industry two weeks ago (BROADCASTING, Aug. 3). power TV stations from Spanish International Communications As a result of the hearing, it is clear to me that the marketplace Corp. Transfer of stations, all of which carry Hispanic programing, has not responded rapidly or effectively to protect the rights of was made with bridge financing provided by acquirors and de- home dish owners," said Danforth. "I have therefore decided to spite fact that petitions have been filed asking FCC to reconsider add my name as a co- sponsor," Danforth said. approval of deal. Hallmark will own 75% of station group with First o Chicago owning remaining 25 %. Stations are Km/ay) Hanford Chiat/Day, Los Angeles, announced last week it had landed Nissan (Fresno), Calif.; KMEX-TV Los Angeles; wl.Tv(Tv) Miami; wx'rv(Tv) Motor Corp. U.S.A. account, with estimated billings of S150 million. Paterson, N.J. (New York), and KwEx -Tv San Antonio, Tex. Low power TV stations are located in Bakersfield, Calif.; Denver; Hart- ford, Conn.; Philadelphia, and Austin, Tex. Still pending is joint - $24 million KDTV(TV) Francisco. Compulsory comments. The National Cable Television Associ- venture's purchase of San ation last week charged the Association of Independent Televi- sion Stations' comments in the FCC compulsory license inquiry New World Entertainment Ltd. said it would launch $41- per -share violate the agreement between the broadcast and cable indus- hostile tender offer for Kenner Parker Toys early this week. Target tries that led to the FCC's adoption of new must -carry rules in company on Thursday filed suit alleging that tender violated law in does business, preventing any 5% August 1986. In its comments, INTV suggested that Congress Massachusetts, where Kenner of from taking it over until year's time has limit the application of the license to the carriage of local signals holder company New World also filed suit saying that Kenner directors cable systems' use of it on their accepting "a elapsed. only and condition violated fiduciary duty by refusing to discuss previous New World local carriage obligation." For distant signals, reasonable signal offer. Kenner stock was trading late Friday afternoon at 441/4, down should be scrapped altogether. According to it said, the license 11/4 New World tender offer is contin- its from previous day's close. NCTA President Jim Mooney, INTV's comments violate gent on financing. promise at the time the must -carry deal was struck not to seek to repeal the compulsory license. "They've now legislation FCC acted on two short-spacing proceedings involving New England word and have done it without bene- clearly gone back on their FM stations. Waiver of short- spacing rule was granted to Sunshine giving them an excuse to do so," fit of any intervening event Broadcast Group's WMGX(FM) Portland, Me., over objection of Tri- said Mooney. "This saddens me; good faith is the glue that County Broadcasting Inc. Sunshine had applied for relocation of makes civilized politics possible; without it our industries have wMGx's transmitter to site 38.59 miles from transmitter of Tri- little chance of reaching voluntary solutions to their problems." County's woxo-FM Norway, Me., resulting in short spacing of 1.41 INTV President Preston Padden, however, said INTV's com- miles. Request was made in order to solve problem of interference ments, "which plainly contemplate the continuation of the com- between wMGx and WCSH -TV Portland. Commission agreed with pulsory license cannot be construed as a violation" of the inter- Sunshine's claim that while any move by wMGx would result in industry agreement. Padden also suggested that NCTA and the some short spacing, its proposed conflict with WOXO-FM would be Community Antenna Television Association have not adhered minimal. FCC, however, denied request by Fuller -Jeffrey Corp. of to the spirit of the agreement. Their expressions of concern New England for its WOKQ(FM) Dover, N.H., which sought to move about the constitutionality of the rules contributed to the FCC's its transmitter site and increase antenna height. Waiver would adopting a five -year sunset for the rules, he said. In addition, he have created short spacing of 1.4 miles with WING(FM) Winchen- said, the cable industry embarked on a nationwide campaign of don, Mass., while eliminating 0.8 -mile short spacing with WJBQ-FM and re- tiering. 'Broadcasters' objections to Portland, Me. Commission found that Fuller -Jeffrey failed to meet channel shifting waivers must show site shifts were met with the admonition that we should have basic requirement that stations seeking these would result in least possible short- spacing. been more prescient in anticipating the cable industry's secret selected re- daring plans and more vigilant and alert to the precise legal o wording of the compromise." New York plans to bring ABC's canceled with the National Association of Noncommercial warm The NCTA had no problem news series, Our World, to public television, pending completion of the FCC to "refrain from Broadacsters' comments. NAB urged co -host Linda Ellerbee's contract negotiations with ABC. WNET making a recommendation to abolish the compulsory license at would co- produce series with Ellerbee's newly formed Lucky Duck this time. Such a radical recommendation would be quite harm- Productions, New York, offering 13 episodes to Public Broadcast- ful to the sensitive interindustry relations in the marketplace, to ing Service for national distribution. Production is dependent the detriment of the public. A simple recommendation to abol- upon WNET's ability to raise $5 million from corporate sources and ish the compulsory license would be inconsistent with the com- PBS member stations. Program would feature segments with Eller- mission's obligations under... the Communications Act." bee as anchor. However, ABC Entertainment President Brandon 4 Stoddard said ABC owns title and "probably the concept" of Our

Broadcasting Aug 10 1987 88 World, and "it would be real unlikely that we'd give it up." ABC "unbundled" structure. Members voted at annual meeting last News could conceivably sell program to PBS, he said, but "it would May to endorse concept of unbundling (giving members discre- be very unlikely that they would do that." Stoddard said ABC may tion in purchasing services rather than requiring single fee for decide to bring Our World back at some time. access to all services), but asked board to come up with at least three plans (BROADCASTING, May 11). Washington -based Association of Maximum Service Telecasters Inc. chairman, Fred Paxton, an- American Public Radio has formed four -member committee to nounced that AMST president, search for successor to President Al Hulsen, who will resign Sept. 1 Tom E. Paro, will retire in July (BROADCASTING, July 20). Committee is headed by public board 1988, upon 65th birthday. Ad- member Bill Dietel, president of New York's Rockefeller Brothers vance warning, said Paxton, "of- Fund, and includes APR Chairman Ken Dayton, APR vice chair- fers us a generous amount of man and former president, Bill Kling, president of Minnesota Pub- time to complete the difficult lic Radio, and Susan Harmon of XERA(Fii) Dallas, all of whom are IAN task of filling his shoes." Former board members. Committee will work with as -yet- unnamed NBC vice president, and general search firm. APR has notified all public radio stations of search and for manager of NBC's WRC -TV Wash- has asked recommendations and applications. ington, Paro joined AMST as ex- ecutive vice president, in 1977. Associated Press Network News will air its first long -form, music - He became president following year. In recent years, Paro has oriented program on Friday (Aug. 14), 24- minute music /narration been most active in pressing industry and FCC toward better special on singer Elvis Presley, marking 10th anniversary of his enforcement of frequency assignment and technical standards death. Special will be hosted by AP News Correspondent Sam (BROADCASTING July 27). Litzinger.

Valerie Harper, star of NBC comedy, Valerie, returned to work last Fox tour. Now that Fox Broadcasting will air the Emmy Awards week after one -week walkout in contract dispute over money. ceremony, the Academy of Television Arts and Sciences is no Word on street was Harper settled for approximately $70,000 per longer prohibited by its three- network rotation contract from episode for next season. considering cable programs for awards. Speaking last Friday at the Fox portion of the TV critics press Universal !i. i s dispatched cardiologist to London to do further tests on tour, academy president Richard Frank said that discussions Edward Woodward, star of CBS's Equalizer, who suffered heart are under way among academy members to possibly have cable attack last week. Word from Universal (which produces show) last awards in future shows. But there would be conditions. Cable week was that if Woodward is not healthy enough to resume work program would have to reach a certain percentage of nation's in late August, show may introduce new character to be focus of television households, Frank said. He also would be opposed to episodes after first five (which Woodward completed before being making cable part of the awards show if the ACE awards con- stricken) have run course next season. Woodward's character tinue, and other academy members have expressed similar would have lesser role, relegated to voice narration and clips in- opinions. serted from earlier episodes. Don Ohlmeyer, exective producer of the September program, said it will contain no musical presentations and there will be no Attempt to bring old CBS series, Amos 'N' Andy, to Broadway has restrictions on how long winners can speak. However, special been barred. U.S. District Court judge in New York has ruled CBS presentations will be made honoring the late Jackie Gleason, off air 23 after still holds rights to series, taken years ago protests who never received an Emmy, and Hill Street Blues, he said. from civil rights that show was demeaning to blacks. Pro- groups Meanwhile, FBC President Jamie Kellner said he was an- ducer Stephen Silverman had argued, unsuccessfully, that CBS Fox did not receive the rights to National Football League lost rights to show through lack of use and failure to enforce rights. gered Since taking show off air in 1964, CBS has allowed use of charac- games, and said the Federal Trade Commission, as part of its ters and clips in historical or educational programs only. investigation of the NFL pact with cable and networks, ap- o proached Fox officials two weeks ago asking if they could ac- commodate Monday Night Football. He said he assumed they CBS said last week it reached out -of -court settlement last week were judging how fast to pace their investigation, but declined with seven former Nightwatch staffers, all women, who filed sexual harassment claim last year. Each plaintiff sought $2 million in to say whether they indicated Fox could still get any of those damages, but terms of settlement were not disclosed. games. Kellner claims Fox outbid other parties. Also Friday. Garth Ancier, senior vice president of program- ing for FBC, said the next night of programing to be introduced NBC, in to reduce commercial clutter on air, said last week attempt will be either Friday or Monday. He announced that Fox, follow- it would no longer permit promotional voice-overs at end of daytime ing ABC's lead with the show, will add a second game shows giving companies plugs for providing prizes. Move will variety next January, titled The Nell Carter Show, add to costs of prizes for NBC, although network said it would off- show around set some of those costs by adding "limited number" of regular from producer Bernie Brillstein. Other pickup orders are for spots in daytime shows. Women in Prison, the working title of a half-hour comedy from o Ron Leavitt and Michael Moye, executive producers of Fox's Married With Children, and two untitled projects, one from CBS confirmed it had acquired rights to television movie script Dennis Klein, writer/producer for Buffalo Bill and "Beverly Hills based on biography of Lieutenant Colonel Oliver North. Deal was Cop" movies, with a one -hour comedic drama. The other is from with Mike Robe, who wrote "Murder Or- made and directed Gloria Monte, former executive producer of General Hospital, a dained," made -for -TV -movie which previously aired on CBS. Biog- nighttime serial for Fox scheduled to air next spring. Two raphy on which script is to be based, "Guts and Glory," is being written by Boston Globe political reporter, Benjamin Bradlee Jr., backup orders include the sitcom, Family Man, and the drama, and is scheduled for publication later this year. Second Chance. The Late Show's new executive producer, Barry Sand, who sources said made $900,000 a year with the David Letterman Board of National Public Radio last week sent to member stations program, plans to have a co -host format for the show, which is "discussion paper" outlining alternatives to current service structure. to be more comedy than talk- oriented. The new format will be Paper includes six options-two of which are presented as not introduced in phases, he said. workable -to be discussed by NPR members in their pursuit of

Broadcasting Aug 10 1987 89 COMMITTED TO THE FIRST AMENDMENT & THE FIFTH ESTATE

The main event legislation it wanted. If broadcasters allow another fairness act and its repressive findings to emerge in a form the President can't Mark Aug. 4, 1987, as the day the FCC proclaimed the emanci- veto, they may have forfeited their future in the company of free pation of the Fifth Estate. The decision adopted that day to strike media.

down the misnamed fairness doctrine was also an eloquent decla- It is a given that the sentiment on Capitol Hill is running - ration that the electronic and print media are entitled to equal First strongly toward a new fairness act, not to mention direct punish- Amendment rights. No matter what happens from now on, the ments of the FCC. But cooler heads are to be found, and an names of Dennis R. Patrick, James H. Quello, Mimi Weyforth August recess has begun. While the legislators are away, it would Dawson and Patricia Diaz Dennis rate permanent inscription on be a mistake for lobbyists to play. The time should be spent in the electronic honor roll. rigorous training for a nakedly political fight. Mark Aug. 4, 1987, also as the beginning of a confrontation Never before have broadcasters been given an appellate court that could be the most critical in the history of federal regulation opinion (in TRAC vs. FCC) that found that the "line between the of the Fifth Estate. If the names of Patrick, Quello, Dawson and print media and the broadcasting media, resting as it does on the Dennis belong on the honor roll, the names of Fritz Hollings, physical scarcity of the latter, is a distinction without a differ- John Dingell, Ed Markey and such are suited to another reposi- ence" and another opinion of the same court remanding the wrvH tory. The reaction of the fairness doctrinaires on Capitol Hill to case to the FCC with instructions to judge the constitutionality of the FCC's carefully reasoned and masterfully argued order in the the fairness doctrine. Never has there been a better argument for wrvH case was pure bile. If no vow were made to burn Patrick at First Amendment parity than the FCC presented last week, an the stake, it was through oversight. argument clearly intended to persuade the Supreme Court to There are, as explained elsewhere in this issue, several scenar- reverse its Red Lion decision of 1969, if the case can make its ios that may be played out before the dispute over the fairness way to the Supreme Court without being. sidetracked by legisla- doctrine and, of more importance, basic constitutional rights is tion. ultimately settled. The one certainty is that the Hollingses, Din- On Capitol Hill the nuances of constitutional law will be ig- gells, Markeys et al, egged on by the Henry Gellers whose ca- nored or, worse, misunderstood. Among the Hollingses and Din - reers have been sustained by federal regulation of broadcasting, gells and Markeys it's a question of putting the FCC in its place will do everything they can to prevent the FCC's decision from and so what to the public, broadcasters and the First Amendment. getting the undistracted scrutiny it deserves in court. Let the The only defense that will be understood will be politics in its fairness order be affirmed on appellate review, and the proclama- rawest form. Is the broadcasting establishment ready? tion of emancipation becomes emancipation. What is wanted by the doctrine's advocates is an act of Con- Hit me again, Sam. There came to the attention of this page gress, like the one adopted last June, that embeds fairness in the last Friday a copy of an editorial broadcast on KDKA -AM -TV law and with it a set of congressional findings that accord the Pittsburgh. KDKA says, believe it or not: "We need a fair- Fifth Estate a lower order of First Amendment protection than the ness doctrine to insure that we get the whole story about Fourth Estate enjoys. The findings that accompanied the Fairness the issues that affect us all. Unless the FCC reconsiders, in Broadcasting Act of 1987 that the President vetoed were in it's up to Congress to make this important policy into direct contradiction of the conclusions that the FCC reached last actual law. " The editorial invites letters that it promises to week. Never mind that the findings were based on no evidence forward to area congressmen. Westinghouse Broadcast- and were mouthings of obsolete theory, they were the words of ing, which owns the Pittsburgh stations (and claims the Congress and, if the veto had been overridden, would be entitled AM to be the first with a regular schedule on the air), has to consideration by the courts in any constitutional challenge of supported the FCC's fairness doctrine for years. But a the fairness act. request now for codification, and a disavowal of First The National Association of Broadcasters bravely asserted last Amendment rights the FCC would confer? This is industry week that if Congress passes another fairness act, the NAB will leadership? go to court. The association would have two options: to wait for the FCC to find a fairness violation under the new law and support the victim in the appellate process or to challenge the new law directly in a federal district court. The latter is viewed as a chancy option by many First Amendment lawyers. District courts are of uneven competence and disinclined to rock the boat; to courts of appeal, by contrast, boat rocking is a way of life. Not only that, in a district court proceeding, lawyers say it wold be difficult to introduce the record of the FCC's 1985 fairness report and its decision of the last week. At issue would be an act of Congress and the legislative rationale for it- weighted heavily against the First Amendment rights of broadcasters. There is a better option for the NAB and for all broadcasters who see at last a chance to rise above the second -class citizenship to which they have been consigned since the Radio Act of 1927. It is to keep another Fairness in Broadcasting Act of 1987 from adoption. No serious opposition was presented by the broadcast- Drawn for BROADCASTING by Jack Schmidt ing establishment while the Congress was spitting on the First "I don't get it. They used to say their news was the fairest. Now Amendment last June. The NAB feared reprisals against other they say it's the best."

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