APPENDIX B

In part 73, §§ 73.125, 73.301, 73.599, 73.680, and 73.793, all to read identically, are added as follows:

(a) General policy.-Equal opportunity in employment shall be afforded by all licensees or permittees of commercially or noncommercially operated standard, FM, television or international broadcast stations (as defined in this part) to all qualified persons, and no person shall be discriminated against in employment because of race, color, religion, or national origin.

(b) Equal employment opportunity program.-Each station shall establish, maintain, and carry out, a positive continuing program of specific practices designed to assure equal opportunity in every aspect of station employment policy and practice. Under the terms of its program, a station shall:

(1) Define the responsibility of each level of management to insure a positive application and vigorous enforcement of the policy of equal opportunity, and establish a procedure to review and control managerial and supervisory performance.

(2) Inform its employees and recognized employee organizations of the positive equal employment opportunity policy and program and enlist their cooperation.

(3) Communicate the station's equal employment opportunity policy and program and its employment needs to sources of qualified applicants without regard to race, color, religion or national origin, and solicit their recruitment assistance on a continuing basis.

(4) Conduct a continuing campaign to exclude every form of prejudice or discrimination based upon race, color, religion, or national origin from the station's personnel policies and practices and working conditions.

(5) Conduct continuing review of job structure and employment practices and adopt positive recruitment, training, job design, and other measures needed in order to insure genuine equality of opportunity to participate fully in all organizational units, occupations and levels of responsibility in the station.

APPENDIX C

AGREEMENT

KCMC, Inc., licensee of KTAL-TV, and all parties to the petition to deny and to the reply filed with respect to KCMC, Inc.'s application for renewal of its television broadcast license, being hereinafter collectively referred to as "Petitioners," agree as follows:

1. KCMC, Inc., will broadcast on prime time the statement of policy attached hereto. This agreement and this statement will also be filed with the Federal Communications Commission as an amendment to the pending renewal application. Any material variance from said statement shall be deemed to be a failure to operate substantially as set forth in the license.

2. Simultaneously with the filing of said statement, petitioners will join and hereby join in requesting the Federal Communications Commission to give no further consideration to the pleadings filed by petitioners, or any of them, with respect to KTAL-TV. Petitioners also join in requesting the Federal Communications Commission to renew KTAL-TV's television broadcast license for a full term.

3. This agreement and the attached statement contain the complete agreement of the parties, and there are no other promises or undertakings, express or implied.

STATEMENT OF POLICY

KTAL-TV, having in mind its duty to serve equally all segments of the public, makes the following statement of policy:

1. KTAL will continue to observe all laws and Federal policies requiring equal employment practices and will take affirmative action to recruit and train a staff which is broadly representative of all groups in the community. As part of this policy, KTAL will employ a minimum of two fulltime Negro reporters, one for Texarkana and one for Shreveport. These reporters will appear regularly on camera. In addition, KTAL will designate one person on its program staff to be responsible for developing local public affairs programs of the type described later in this statement and for obtaining syndicated or other programs to serve similar needs.

2. KTAL will continue to maintain and will publicize a toll-free telephone line from Texarkana to its studios in Shreveport. A person will be available in Shreveport to receive requests for news coverage and inquiries about public service announcements. KTAL will give adequate coverage to events in the State capitols of Texas and Arkansas, as well as those of Louisiana and Oklahoma.

3. KTAL recognizes its continuing obligation to maintain appropriate facilities in Texarkana, its city of assignment. To this end, it will assign to its main studios in Texarkana a color television camera. 4. KTAL recognizes its obligations to present regular programs for the discussion of controversial issues, including, of course, both black and white participants. The station will not avoid issues that may be controversial or divisive, but will encourage the airing of all sides of these issues.

5. Poverty is a primary problem in KTAL's service area. KTAL is obligated to try to help solve this problem by publicizing the rights of poor persons to obtain services and the methods by which they may do so. KTAL will also inform public opinion about the problem of poverty and the steps that are being taken to alleviate it. An aggregate of at least one-half hour of programing will be devoted to this subject each month.

6. KTAL religious programing should cover the entire range of religious thought. As part of its continuing effort to meet this obligation, KTAL will carry the religious programs presented by NBC representing the three primary American faiths. A discussion program will also be presented, to explore current religious issues, at least monthly. KTAL will regularly present ministers of all races on local religious programs. These ministers will be regularly rotated, in an effort to represent fairly all religious groups.

7. Network programs of particular interest to any substantial group in the service area will not be preempted without appropriate advance consultation with representatives of that group.

8. KTAL is obligated to discuss programing regularly with all segments of the public. In particular, a station employee with authority to act will meet once a month with a committee designated by the parties to the petition to deny KTAL's TV application for license renewal. Similar efforts will be made to consult with groups representing other segments of the public.

9. KTAL will regularly announce on the air that the station will consult with all substantial groups in the community regarding community taste and needs and will accept suggestions on how best to render this service. This announcement will be broadcast once a week, on a weekday, between 7 and 11 p.m.

10. KTAL reaffirms its existing policy to make no unessential reference to the race of a person. In cases where such references are made, the same practice shall be and will be followed for blacks as for whites. KTAL will continue to use courtesy titles for all women, without regard for race.

11. KTAL will endeavor to develop and present at least monthly, in prime time, a regular local magazine-type program, including not only discussion but also local talent, and seeking participation from the entire service area.

12. KTAL will solicit public service announcements from local groups and organizations. Sound on film will be used more extensively in covering local news. In covering demonstrations, picketing, and similar events, KTAL-TV will seek to present the diverse views which gave rise to the event.

13. KTAL-TV's undertakings are subject to all valid laws, rules and regulations of the Federal Communications Commission and to KTAL's primary obligation as a broadcast licensee to use its own good faith and judgment to serve all members of the viewing public. It is recognized that needs and circumstances change, that events may compel departure from these undertakings. However, KTAL-TV will not depart from these undertakings without advance consultation with the affected groups in the service area and advance notice to the Federal Communications Commission stating the reasons for the departure. In such instances KTAL will seek to adhere to the objectives of this statement by alternative action.

19 F.C.C. 2d

Senator PASTORE. I have to leave, as I said before. There is a vote coming up at 11:30. It is now 3 minutes before that time. We will come back at 2 o'clock.

(Whereupon, at 11:27 a.m., the hearing was recessed, to reconvene at this same day.)

2 p.m.,

AFTERNOON SESSION

Senator PASTORE. Dr. Poling.

STATEMENT OF DR. DAVID POLING, PRESIDENT, CHRISTIAN HERALD MAGAZINE

Dr. POLING. I am happy to be with you today, Senator, and with this committee.

I have requested the opportunity to appear before this subcommittee to give my support to the Pastore bill, S. 2004. I am present as one who has spent his entire professional career in communications. Currently I am president of the Christian Herald which is the largest interdenominational magazine in this country. I write a weekly column for the Newspaper Enterprise Association that reaches more than 600 newspapers in the United States. My concern is the world of ideas and how we communicate our opinions and viewpoint to others.

When you enter the arena of ideas and communication you find that all media is important and essential. The advertisers may have their favorites, the celebrities may argue for film over print, the public may salute television more than magazine, but to me all media is vital and most essential to the dynamics of the creative life.

In our society the ways of communicating to one another are regulated. Radio and television have prescribed standards, rules, guidelines established by the Government. Newspapers and magazines and books have a degree of regulation when you consider postal requirements and taxes.

Those active in the ownership and management of radio or television stations have a rather formidable set of FCC regulations to honor and respect. Not only because it is proper but it is the law. This is the arrangement that our society wants and the Government has sought to enforce it.

My concern is that the FCC not be used to advance the particular advantage of any special interest group, political party, minority, religious, racial, or ethnic gathering.

I believe, aside from some noxious performance by unprincipled and unethical station operators, that the record of our present form of television programing is both fair and responsible. I believe that the provisions of the Pastore bill give assurances that the vast majority of stations will receive prompt and fair attention during renewal time and not be exposted to unjustified threats and unwarranted intimidations by tiny but well fueled dissident groups.

On the other hand, the procedures are present and active now for the compliation and action of FCC against those license holders that steadily and arrogantly abuse the public they are privileged to serve. We are a Nation of minorities. Our people reflect an amazing number of diverse ethnic, soical, racial, and religious groups. Those broadcasters that provide balance and fairness deserve to know that th

renewals shall not be jeopardied by the cold strategy of complaints pressed by an isolated but vocal minority and followed by their promises of performance.

For me, the Pastore bill isolates this issue by requiring the Commission to grant or deny a renewal in a separate and prior proceeding. If then the renewal is denied, new applicants have the proper opportunity to establish their position and prove their case in subsequent proceedings.

The average television station has a major investment of time, money, and talent to preserve. The success of commercial television does not impress me so much as some of its critics. Would we feel happy or satisfied if it were failing, looking to the Federal or State government for subsidies and grants? Its financial gain gives encouragement to those who find employment and opportunity within the industry. To place this in jeopardy by constant uncertainty during renewal periods does not strengthen the media or serve the public in broader creativity or imaginative programing. Any media under suspicion and attack has a tendency to become bland, cautious, and colorless.

I happen to be one of those who feel that the airwaves belong to the public. Not to the Government or the present administration. Not to the Democratic Party nor the latest spokesman of the Republican Party. The airwaves do not belong, as Kenneth L. Wilson has stated, to the FCC. They are the people's and they are to be served.

Of late we have been lectured by the Vice President of the United States concerning the conduct of certain members of mass media: The networks and their treatment of Presidential sermons to the Nation; the newspapers, especially in Washington, D.C., and New York City, of their "fairness" in handling certain public events.

I recall that during this period a tone, a sense of intimidation has emerged that was encouraged and inspired by the Vice President. Should this become a strategy, an administrative device to deal with one's critics, this would be a bleak day for television and a bad day for the public.

In this country we have thrived on the independent, privately owned mass media. Whether it be a weekly newsletter, an all night talk show, or a network commentary, it feels the lifestream of our national source of news and information. When this is curtailed, threatened, coerced, democracy withers and totalitarianism surges to the top.

It was Paul Joseph Goebbels that saw the opportunities of manipulation and intimidation of the media for the success of Adolf Hitler. When Hitler had shaped a bare majority in the Reichstag, Mr. Goebbels wrote in his diary on February 3, 1933:

Now it will be easy to carry on the fight, for we can call on all resources of the State. Radio and press are at our disposal. We shall stage a masterpiece of propaganda. And this time, naturally, there is no lack of money.

Recently I had a visit with that distinguished journalist, author, and historian, Stephan Lorant. His recent book about Lincoln and his study of the Presidency, The Glorious Burden, have reached a wide and thoughtful audience. He was, as you will remember, one of the first to be imprisoned by Adolph Hitler. Lorant's leadership in the Munich newspapers could not be permitted by the Nazi regime. He was later released by the Germans through the offices of the Hungarian Government, but it was a close call.