The Los Angeles Times from Los Angeles, California • 260

0 June 30, 1974 R-A 2.0a 9nfff If Cintf a STRUGGLE FOR COUNTY TV OUTLET "It's one of those thirds," Furniss said, "that leads you to ask yourself: 'Who can have an influence on And I guess the first reaction is someone with a helluva lot of money and a helluva lot of pie are already used to dialing to Channel 9." So, though Orange County "may be different in geography, or even lifestyle, the future of TV here is really a tough question of economics. Disneyland Hotel and the the integration of owner- Continued from First Page 'Its application proposed a "studio in Norwalk and Anaheim, planned for investor involvement in station operation, and included a public opinion survey it ii i concluding Orange County was being negleot- ed by the Los Angeles sta-jtions, most especially KHJ. I KHJ has been owned since 1931 by RKO Gener-i al, a subsidiary of General i Tire and Rubber i which also owns three oth ty has something of a separate and information-poor viewing audience. But this is not to say that filling the void will be simple or necessarily "Even if you have the most righteous and noble goals and say, 'We really recognize the need for more information and want to provide the 'you must ask if it can be successful a commercial sense," said William Fumiss, general manager of KOCE-TV (Channel 50) a non-commercial station in Orange County operated by the Coast Community College District. "The competition factor is much more serious than anyone would like to he said.

The range of programs carried by tine -Los Angeles stations is going to cut into the commercial base of any Orange County channel and after the investment of, say, $3 million to $10 million to get the local station operating, the question is going to be: "What else can we provide to this au provided and that they really want?" The networks have their stations in LA and sports franchises are exceedingly expensive to win. So what is going to attract viewers and thus advertisers? "That's the hard part," Furniss said. "Can you really some programming that is unique?" Dr. George Mastroianni, a professor of telecommunications at California State University, Fuller-ton, said a UHF station, such as the proposed Channel 56, wul face a special struggle. Not only have Los Angeles' seven VHF stations tied up the network affiliations and the syndicated shows, but most viewers just haven't broken the VHF habit, even where UHF is available.

Plus, big advertisers re-ni ain skeptical of the drawing power of UHF stations. Channel 9 probably would do better than Channel 56 because some regional and national advertising would likely move with it if the license is wrested from KHJ. And, MELMAC FOR CASUAL LIVING This practically' indestructable dirmerware is great for use on patios, around the pool, camping, picnics, or any year casual, carefree dining adventure. 16 Pc. Set Service for 4 A cups, 4 saucers, VERDES 45 Pc.

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Orange Empire Broadcasting another partnership between a corporation a individuals. The hearing examiner, or "administrative law judge" as they now are called, probably will make his decision around the first of the year. Then an appeal may be taken to an intermediate FCC body, the Review Board, and to the FCC it-self. Theoretically, the Channel 56 case could be appealed further to an appeals court or even higher, though the Supreme Court doesn't accept many such cases, i But Hie issue, already one of the oldest of its type, could be going on for at least another two years, an FCC official said. Why is Orange County so far behind in getting TV? Mainly, it didn't really develop into a major urban area until the TV industry was shaped and most of its channels allocated.

Without any salient cities of its own, Orange County has operated in the commercial and cultural shadow of Los Angeles. "There really hasn't been strong economic potential (for TV in Orange County) until the last five years or so," said one industry souirce. Television specialists interviewed agreed that the Los Angeles stations don't and probably can't cover Orange County on a thorough and sustained basis. And they seemed to concur that Orange Coun- Dmotifrofion by appointment JOAD AUYE MOTORS lOt Panww Cto Mesa 444-J244 however, were buoyed by two strong dissents. One, by then-Commissioner Nicholas Johnson, said the action "may well be the worst decision of this commission- during my term of seven years and five months." Johnson, an open cate of challenges to TV licensees, claimed RKO was involved in anticompetitive practices and that its programming for the 1962-1965 period in ques-tion "was qualitatively somewhat less than mediocre." "There is simply no way," continued Johnson, "that the record in this case can be read without concluding that Fidelity is the superior applicant under not just some, but all of the comparative criteria this commission has conventionally used Only as to past broadcast experience can RKO be said to have any advantage whatsoever and, given the nature of its performance, it is not clear how that can count much in its favor." Fidelity has since appealed the FCC decision to the federal appeals court in Washington, D.C., where a decision could come by late summer or early fall.

In all likelihood, the losing panty at that level will seek a Supreme Court review of the issue. Challenging an existing licensee, then, is clearly a long, costly task, involving, the expenditure of as much as $700,000, insiders say, over a period of a decade. Challengers and potential challengers currently are looking at another obstacle. 1 The House of Representatives has passed an in-dustiry-backed bill which, among other things, would make TV licenses good for five years instead of the current three and would prohibit the FCC from considering the licensees' other media interests or i 4 Pc. Place Setting Mug, dinner, 1 8 Pc.

Set Service for dience that isn't currently I ship and management if those conditions to FCC rules. Fidelity's backers fear the legislation also could apply retroactively to their challenge and are hoping for defeat or tabling of the measure by the Senate. In any event, Fidelity is confident, that it will eventually win and bring TV to Orange County. "We claim this area has not gotten a fair shake on the airwaves," said attorney Chaffee. "We're not a a ritable organization, but we intend to make it a damn good station." A few years after Fidelity first made its bid for KHJ's license, the FCC designated Channel 56 as a new UHF channel for Orange Count'; Six applications wens filed for operation of the new (UHF stations, those numbered above Channel 13, are considered less desirable and lucrative than VHF channels, This is due to technical problems with the higher-frequency signals and because the historical development of the industry has seen the net-works, advertisers, and most of the viewers lock onto the VHF channels, numbered 2 through 13.) A hearing on the competing applications for Channel 56 began in late 1969.

It ended only this month when the record of the proceedings was closed. In the meantime, three applicants dropped out. Remaining in contention are: Golden Orange Broadcasting a group which includes entertainers Pat Boone, Fess Parker and Jimmy Durante. Orange Cou nty Broadcasting a partnership of a corporation and sever: al individuals. Heading the corporation is Jack Wrather, developer of the 4 LEFT! CUSTOM HOME FEATURES: Marie BEAUTY SALONS 4 mugs, 4 dinners, 4 salads, 4 soups, 1 platter, 1 vegetable MATCHING PIECES Mug 29c Dinner 6c Salad 49c Vegetable $1.49 Soup 59c Platter $1.49 PIEASE NOTE: NOT Alt PIECES AVAILABLE IN Alt COLORS NAME BRAND DECORATING IRREGULARS SETS OPEN STOCK 1 Your Beauty is our Business No Appointment Necessary 16 Pc.

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White Tumblers I heavily punctuated by commercials. Also coming I under fire was what was said to be the parent I firm's questionable "trade I practices" in soliciting ad-4 yertising and the station's lack of demonstrated pub- interest programming. 1 At the same time, the exami ner noted that none of Fidelity's stockholders lives in either Anaheim or Norwalk or has experience in broadcasting. Neither had they presented proof of ability to withstand fi- hancial drought or to con-'h ceive and present high-I quality TV programs. The result, he conclud-l ed, was that "neither ap-'jt plicant is any bargain as a broadcast licensee." But he said he would "without much enthusiasm, go with Fidelity Television Inc.

primarily because of KHJ -TV's poor record and, secondarily, because Fidelity does have marked superiority over General Tire in the areas of local ownership, diversification of mass communications media, and favorable sua vey and poll support." That was 1969. i RKO appealed to the commission, and the case became entwined with a challenge to another RKO station in Boston and with I a federal antitrust suit against General Tire. The FCC, hearing oral arguments in 1971, finally issued its decision last December. In a 3-2 (with two abstentions) the commission found that KHJ's emphasis on movies wasn't inordinate, given the non-network station's competition with Los Angeles' six other commercial VHF stations. Unfair trade practices had not been proven, the majority said, and the station's locally produced cultural programs and its technical advances were meritorious.

Fidelity was criticized for its inexperience and procedural irregularities in pursuing its application. 1 "We are necessarily comparing an untested promise of future performance with a record of actual experience based on continuing contacts with the community," the majority held. It ordered renewal of KHJ's licease, but conditioned that decision on the outcome of a pending Boston- case where RKO's qualifications as a licensee are at issue. Fidelity backers, UBEMM 8 COTTAGE POTTERY 7971 BEACH BLVD. DIIEkl A A DUCIIH rHKIV -mmmma KNOTT'S rOII Shampoo EasV IVlUA Styled and Set vkJjk Change JJ Wed.O QQ Hair Color Lotion 'til 4 p.m.

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