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TO AMEND THE COMMUNICATIONS ACT OF 1934 TO
ESTABLISH ORDERLY PROCEDURES FOR THE CON-
SIDERATION OF APPLICATIONS FOR RENEWAL OF

BROADCAST LICENSES

WITH

AN INTERIM REPORT OF THE SURGEON GENERAL'S
SCIENTIFIC ADVISORY COMMITTEE ON TELEVISION AND
SOCIAL BEHAVIOR, DEPARTMENT OF HEALTH, EDUCA-

TION AND WELFARE

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U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 1969

33-229

COMMITTEE ON COMMERCE

WARREN G. MAGNUSON, Washington, Chairman JOHN O. PASTORE, Rhode Island

NORRIS COTTON, New Hampshire VANCE HARTKE, Indiana

HUGH SCOTT, Pennsylvania PHILIP A. HART, Michigan

WINSTON L. PROUTY, Vermont HOWARD W. CANNON, Nevada

JAMES B. PEARSON, Kansas RUSSELL B. LONG, Louisiana

ROBERT P. GRIFFIN, Michigan FRANK E. MOSS, Utah

CLIFFORD P. HANSEN, Wyoming ERNEST F. HOLLINGS, South Carolina HOWARD H. BAKER, JR., Tennessee DANIEL K. INOUYE, Hawaii

CHARLES E. GOODELL, New York
JOSEPH D. TYDINGS, Maryland
WILLIAM B. SPONG, JR., Virginia

FREDERICK J. LORDAN, Staff Director
MICHAEL PERTSCHUK, General Counsel
NICHOLAS ZAPPLE, Communications Counsel

JOHN C. HARDY, Staff Counsel
ARTHUR PANKOPF, Jr., Minority Staff Director
J. PAUL MOLLOY, Minority Staff Counsel

COMMUNICATIONS SUBCOMMITTEE

JOHN 0. PASTORE, Rhode Island, Chairman VANCE HARTKE, Indiana

HUGH SCOTT, Pennsylvania PHILIP A. HART, Michigan

ROBERT P. GRIFFIN, Michigan RUSSELL B. LONG, Louisiana

HOWARD H. BAKER, JR., Tennessee FRANK E. MOSS, Utah

CHARLES E. GOODELL, New York HOWARD W. CANNON, Nevada

CONTENTS

Page

2

18

49

112

20
12

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71

Page Bertermann, Eugene R., president, National Religious Broadcasters (letter)

77 Boucher, George W., general manager, KBLE, AF-FM (letter)

79 Challenging Those Who Control the TV Channels, New York Times, June 1, 1969_

160 Christo, Van, Van Christo Associates (letters)---

86, 87 Citizens Broadcast Group Hires Fund Raiser To Solidify Backing, New York Times, June 27, 1969_

156 Coe, Robert L., lecturer, Ohio University, College of Communications (letter)

195 Commission decision in WLBT-TV

279 Commission decisions in WHDH-TV, Boston, Mass., with concurring and dissenting opinions--

200 Commission memorandum opinion and order disapproving of petitions for rehearing in WHDH-TV, Boston, Mass--

220 Connelly, Renee (Mrs. James), recording secretary American Mothers Committee, Inc. (letter)

85 Corwell, Marion, national president, American Women in Radio and Television Inc. (letter)-

74 Dissent of Commissioners Cox and Johnson in WLBT-TV, Jackson, Miss. 288 Further statement of Commission in WLBT-TV

312 Green, William H., president, KLOV (letters)

77 Gleason, John H., Augusta College (letter).

76 Goldenson, Leonard H., president, American Broadcasting Cos., Inc.

(letter) Goldin, Hyman H., the Television Overlords.

168 Grossman, Lawrence K., president, Forum Communications--

188 Hardy, Albert O., director, radio, TV, and recording Division, International Brotherhood of Electrical Workers (letter).

177 Hefner, Archie; Dahl, Hefner, Stark & Marios, attorneys at law (letter)-- 80 Hoving, Thomas P. F., National Citizens Committee for Broadcasting (letter)

194 Initial decision of hearing examiner in re application of Lamar Life In

surance Co. for renewal of license of station WLBT-TV, Jackson, Miss- 234 Jackson, Ralph S., executive vice president, Orion Broadcasting, Inc.--- 176 Jacobs, Allan T., chairman, department of communications, Loyola University (letter)

75 Linton, Bruce A., chairman, the University of Kansas (letter)

75 Loevinger, Lee, lawyer, Hogan & Hartson -

178 Luhring, John W., president, channel 28 KCET Community Television of Southern California (letter)-

109 Martin, Leo, chairman, Michigan State University, Department of television and radio (letter)-

78 Martin-Triogna, Anthony R--

190 McDougald, Dr. Worth, professor of journalism, University of Georgia, a

study of George Foster Peabody radio and television awards in terms of newspaper-owned and newspaper-associated radio and television

stations McShane, James E., attorney at law (letter)-

80 Moss, Hon. Frank E., U.S. Senator from Utah.

11 Opinion of court of appeals in WLBT-TV--

330 Ripley, Joseph M., chairman, University of Kentucky (letter) Sarson, Evelyn Mrs.; Mrs. Peggy Charben, and Mrs. Lillian Ambrosino, executive committee, Action for Childrens Television (letter)

86 Seiden, M. H., & Associates, Inc., the Seiden report–Summary and analysis

22 Soden, Frank, president Virginia Association of Broadcasters, WRNL, CBS radio (letter)---

80 Stevens, Paul M., executive director, Radio and Television Commission of

the Southern Baptist Convention (letter). Travels in Medialand--

171 TV-Radio, the Saturday Review, June 28, 1969.

161 Wallace, Wesley H., Chapel Hill, N.C. (letter)

111 White, David Manning, chairman, division of journalism, Boston University, School of Public Communication (letter)-

73 White, John F., the Cooper Union for the Advancement of Science and Art (letter)

86

56

75

78

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AMENDING THE COMMUNICATIONS ACT OF 1934 TO ESTABLISH ORDERLY PROCEDURES FOR THE CONSIDERATION OF APPLICATIONS FOR RENEWAL OF BROADCAST LICENSES

TUESDAY, AUGUST 5, 1969

U.S. SENATE,
COMMITTEE ON COMMERCE,
SUBCOMMITTEE ON COMMUNICATIONS,

Washington, D.C. The subcommittee met at 10 a.m. in room 5110, New Senate Office Building, Hon. John O. Pastore (chairman of the subcommittee) presiding.

Present: Senators Pastore, Hart, Moss, Scott, Griffin, and Baker.

Senator PASTORE. The hour of 10 having been reached, we are going to interrupt the planned procedure in order to allow our colleague, who has other commitments, Senator Hruska of Nebraska, to make an introduction of one of the witnesses here today.

You may proceed, Senator.

Senator HRUSKA. Thank you, Mr. Chairman, for your courtesy in hearing me out of order.

I am sure that the man I introduce, and will make some remarks about also, is highly appreciative of this courtesy.

Mr. Chairman, Frank P. Fogarty, vice president of the Meredith Corp. of Omaha, WOW-TV in Omaha, is one of your witnesses this morning. Frank and I first acquainted ourselves with each other more than 40 years ago, because it was 40 years ago that he and I graduated from law school, Creighton University Law School. Since then Mr. Fogarty has engaged in business on an executive level, he has been general manager of the chamber of commerce for a number of years, and then for almost 20 years now he has been manager of the WOW-TV station and is vice president of the owner corporation.

He has been active civically, in addition to his work with the Meredith Corp., and has been active in the affairs of organized broadcasters and NAB.

I can commend him on the basis of also a half century of acquaintance with him and observation as one of integrity and great competence.

I know the committee will receive a very good account of his expertise in his chosen field of endeavor.

Senator PASTORE. Thank you very much, Senator Hruska. We look forward to hearing what Mr. Fogarty has to say.

Senator HRUSKA. Thank you again, Mr. Chairman.
Staff members assigned to this hearing: Nicholas Zapple and John C. Hardy.

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