HEARINGS BEFORE A SUBCOMMITTEE OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE HOUSE OF REPRESENTATIVES EIGHTY-EIGHTH CONGRESS FIRST SESSION ON BROADCAST EDITORIALIZING PRACTICES 27-816 JULY 15, 16, 17, 18, 19; SEPTEMBER 18, 19, AND 20, 1963 Printed for the use of the U.S. GOVERNMENT PRINTING OFFICE WASHINGTON: 1964 54 349ST XL3 08/94 53-005-00 COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE OREN HARRIS, Arkansas, Chairman JOHN BELL WILLIAMS, Mississippi SAMUEL N. FRIEDEL, Maryland LEO W. O'BRIEN, New York JOHN E. MOSS, California JOHN D. DINGELL, Michigan PAUL G. ROGERS, Florida ROBERT W. HEMPHILL, South Carolina HORACE R. KORNEGAY, North Carolina GILLIS W. LONG, Louisiana LIONEL VAN DEERLIN, California JOHN B. BENNETT, Michigan J. ARTHUR YOUNGER, California Arundel, Arthur W., president, radio station WAVA, Arlington, Va. Ashley, Hon. Thomas Ludlow, a Representative in Congress from the Cox, Kenneth A., Commissioner, Federal Communications Commis- Dorn, Hon. W. J. Bryan, a Representative in Congress from the State Ford, Frederick W., Commissioner, Federal Communications Com- Gaguine, Benito, Washington counsel, Mutual Broadcasting System__ Geller, Henry, Deputy General Counsel, Federal Communications Goldstein, Leon, American Civil Liberties Union Gordon, Sherwood R., president and general manager, radio stations KSDO, San Diego, Calif., and KBUZ, Phoenix, Ariz.. Hage, A. Maxwell, president, Broadcast Editorial Reports, Inc.. Helms, Jesse, vice president, WRAL-TV, Raleigh, N.C.. Hemphill, Hon. Robert W., a Representative in Congress from the Hurleigh, Robert F., president, Mutual Broadcasting System. Jones, Clarence, president, WQIZ, Inc., St. George, S.C. Kops, Daniel W., chairman, committee on editorializing, National Martin, Thomas, editorial director, KFDA-TV, Amarillo, Tex McCormick, Stephen J., vice president in charge of news, Mutual McGannon, Donald H., president, Westinghouse Broadcasting Co--- Morse, Hon. F. Bradford, a Representative in Congress from the Neal, Harold, president, ABC-owned radio stations. Paglin, Max D., General Counsel, Federal Communications Com- Pool, Hon. Joe, a Representative in Congress from the State of Texas- Renick, Ralph, vice president, station WTVJ, Miami, Fla.... Rivers, Hon. Ralph J., a Representative in Congress from the State III Statement of-Continued Robinson, Robert E., news and editorial director, radio station Page 428 Sanders, Gerald H., owner, radio station KZZN, Littlefield, Tex... 338, 350 Short, Hon. Don L., a Representative in Congress from the State of 305 440 362 253, 276 Speiser, Lawrence, American Civil Liberties Union.... N.Y Tyler, John, general manager, KFDA-TV, Amarillo, Tex.. Van Deerlin, Hon. Lionel, a Representative in Congress from the Watson, Hon. Albert, a Representative in Congress from the State Wolfson, Mitchell, president, station WTVJ, Miami, Fla_ Broadcast licensees advised concerning stations' responsibilities under the fairness doctrine as to controversial issue programing, Examples of "fairness doctrine" complaints as to editorials on 94 Memorandum opinion and order, adopted May 9, 1962-- 156 Policy on programing_ 113 Report in the matter of editorializing by broadcast licensees, 96 Harris, Hon. Oren, letter from, to Hon. E. William Henry, Chairman, Ketchikan (Alaska) Health and Civic Committee, statement of Wini 36 Missouri Broadcasters Association, letter from Don C. Dailey, 16 SUBCOMMITTEE ON COMMUNICATIONS AND POWER OF THE Washington, D.C. The subcommittee met at 10 a.m., pursuant to call, in room 1334, Longworth Building, Hon. Walter Rogers (chairman of the subcommittee) presiding. Mr. ROGERS of Texas. The Subcommittee on Communications and Power will come to order for the consideration of pending business. The business before the subcommittee today is the question of broadcast editorialization by the radio and TV stations and broadcast license owners. There is one bill that has been filed by Mr. Moss, H.R. 7072. Copies of that bill can be made available to those interested in these hearings. (H.R. 7072 follows:) [H.R. 7072, 88th Cong., 1st sess.]\ A BILL To amend the Communications Act of 1934 in order to assure fairness in editorializing by radio and television station licensees in support of or in opposition to candidates for public office by making the equal opportunities provisions of section 315 applicable thereto, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 315 of the Communications Act of 1934, as amended (47 U.S.C. 315), is amended (1) by inserting "subsection (a) of" immediately after "set forth in" in subsection (b) of such section, (2) by redesignating subsection (c) thereof as subsection (d), and by inserting immediately after subsection (b) the following new subsection : "(c) If any licensee editorializes over this station by broadcasting any statement or matter "(1) in support of any legally qualified candidate for public office, such licensee shall (A) afford each other legally qualified candidate for such office, or a spokesman designated by such other candidate, equal opportunities in the use of such station to answer such statement or matter, and (B) provide each other such candidate with a transcript of such statement or matter within five days of the date on which such statement or matter is broadcast; except that, in the case of any such statement or matter which is broadcast during the final ten-day period during which any such statement or matter may be broadcast under this subsection, the licensee shall provide each other such candidate with a transcript of such statement or matter in sufficient time to afford each other such candidate a reasonable opportunity to avail himself of the rights accorded to him by clause (A) of this paragraph; or "(2) in opposition to any legally qualified candidate for public office, such licensee shall (A) afford such candidate, or a spokesman designated by him, equal opportunities in the use of such station to answer such statement or matter, and (B) provide such candidate with a transcript of such statement or matter within five days of the date on which such statement or matter is broadcast; except that, in the case of any such statement or matter which is broadcast during the final ten-day period during which any such statement 1 |