EQUAL TIME

WEDNESDAY, JUNE 26, 1963

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, the Honorable John O. Pastore, chairman of the subcommittee, presiding.

Senator PASTORE. The hour of 10 having arrived, I will call this hearing to order.

It will be recalled in July 1962 this subcommittee conducted preliminary hearings on a number of bills that would amend section 315 of the Communications Act. Many questions were raised at that time particularly with reference to the need for suspending section 315 to include legally qualified candidates for offices in addition to presidential and vice presidential.

In anticipation of the hearings starting today, I requested the Federal Communications Commission to conduct a comprehensive survey of the radio and television stations as well as network political broadcasting activities during the primary and general election campaign of 1962. This survey has now been completed and is one of the most complete compilation of facts that has been put together on the subject. It shows the amount of time purchased or given free to political candidates to all political candidates-by broadcasters in 1962 as well as the overall political activity of broadcasters in an election year. The study will be of great help to the committee in its deliberations.

At the conclusion of my remarks I will have a summary of the study made part of the record so that it may be printed in full with the testimony that will be developed during the hearing and retain for the committee file the detailed information contained in the FCC's full survey of political activity field for 1962.

It is not my intention at this time to outline the conclusions set forth in the summary submitted by the FCC but it is interesting to note that the total TV and radio charges for political broadcasts in 1962 were approximately $20 million (about $8 million in the primary campaign and about $12 million in the general election). Radio accounted for $7 million and TV $12,500,000.

The study shows that most of the 5,300 broadcast stations, both radio and TV, carried paid political broadcasts while some 1,200 stations gave free time to candidates and their supporters. Five percent of the stations did no political broadcasting at all.

Staff counsel assigned to this hearing: Nicholas Zapple.

I am sure that the chairman of the FCC will have some specific observations to make concerning this study when he takes the stand. However, I want to take this opportunity to thank the FCC for their work and effort in preparing the report. It will be most helpful to the committee and supplies the kind of facts that heretofore have been unavailable.

(The report follows:)

FEDERAL COMMUNICATIONS COMMISSION, WASHINGTON, D.C.

SURVEY OF POLITICAL BROADCASTING PRIMARY AND GENERAL ELECTION

CAMPAIGNS of 1962

PREFATORY STATEMENT

On November 21, 1962, the Commission directed a questionnaire to radio and television stations and networks requesting information concerning their political broadcasting activities during the primary and general election campaigns of 1962. The questionnaire dealt with programs or announcements related to selection of candidates. It was not concerned with programs or announcements on issues such as referenda, school bonds, charter reform, etc. (Copies of the questionnaire and instructions for its completion are attached.) Number of responses

Questionnaires were sent to the networks and 5,274 commercial broadcast stations (551 television stations, 3,713 AM radio stations, 714 FM radio stations owned by AM liceneess, and 296 independent FM radio stations). Replies were received from the networks and from virtually all broadcast stations. A minor number of responses from radio stations were not used, however, because they were received too late to be included in the mechanical tabulations or because they were obviously incorrect. (Of the total of 4,723 AM and FM stations, usable responses were received from all but 237, of which approximately half failed to respond in time.) The information reported is summarized in 28 U.S. Summary tables and approximately 600 individual State tables.

Overall political broadcast activity

Of the stations reporting, only about 5 percent indicated no political broadcast activity. Whereas almost all of the stations reported carrying paid political broadcasts or announcements, only slightly more than half (284) of the television stations and less than a third (965) of the AM stations reported any sustaining time. (Tables 5 and 11, U.S. Summary.) Of the stations reporting sustaining program time, about half (54 percent in television and 43 percent in AM radio) reported carrying a total of 2 or more hours of political broadcasts. Seven television stations and 34 AM stations reported 10 or more hours of sustaining time. (Tables 9 and 15, U.S. Summary.)

Charges for political broadcasts

Total television and radio station charges for political broadcasts were approximately $20 million (about $8 million in the primary campaigns and about $12 million in the general election). Radio accounted for about $71⁄2 million and television for $12 million. (Table 1, U.S. Summary.) Candidates and their supporters spent about three times as much for spot announcements as they did for program time on television and radio combined. On radio the ratio of money for spot announcements to money for program time was more than 10 to 1; on television it was only 3 to 2. (Table 2, U.S. Summary.)

Democratic candidates and their supporters spent about $12 million for time and announcements on television and radio stations, whereas Republicans spent about $7 million. The balance of the money (less than $700,000) was spent

As expected in a nonpresidential election year the networks carried only a negligible amount of paid broadcast time. There were some sustaining programs (mostly debates) involving candidates who, for one reason or another, were regarded as newsworthy nationally.

It should be noted that these figures are not necessarily a measure of station efforts to provide sustaining time. Although not requested, some stations reported offers of sustaining time which were not accepted.

for candidates of other parties. The two major parties spent almost equal amounts in the general election campaigns ($6 million for the Republicans and $5.7 million for the Democrats). In the primaries much more was spent in behalf of those seeking nomination as Democratic candidates than was spent for those seeking Republican designation ($64 million to $1 million). Most of the difference is accounted for by heavier expenditures in Democratic primaries in some Southern States. (See individual State tables.)

More than half (299) of the television stations reporting political broadcast revenues received between $5,000 and $30,000. There were few stations at either end of the distribution. Fifteen stations reported less than $1,000, and 10 stations reported more than $100,000 from political broadcasts. The medium was $15,718. (Table 8, U.S. Summary.) In radio, almost half (1,644) of the AM stations reporting had political broadcast revenues between $1,000 and $3,500. Eighty-four stations reported less than $100 and only 3 stations reported more than $25,000. The median was $1,398. (Table 14, U.S. Summary.)

A comparison of overall expenditures for political broadcasts as between the 1960 and 1962 general election campaigns' shows very little difference. (Table 3, U.S. Summary.) It should be remembered, however, that in 1960 stations devoted a considerable amount of additional time to the carrying of network commercial and sustaining programs involving the presidential and vice presidential candidates. For example, "The Great Debates," carried by the great majority of television stations and a substantial number of radio stations, accounted for 4 hours of broadcast time.

Approximately 10 percent of television and AM stations reported political program time paid for by regular commercial sponsors (free of charge to candidates or supporters). For the stations reporting, the average per station was 186 minutes in television and 202 minutes in AM. (Tables 5 and 11, U.S. Summary.)

Length of programs and time of day broadcast

Of the 3,451 AM stations reporting political broadcast activity, 902 carried spot announcements only. Most (60 percent) of the programs broadcast by the stations which did report program time were 5 minutes in length and most (75 percent) were carried during the daytime hours. (Table 12, U.S. Summary.) Of the 532 television stations reporting political broadcast activity all but five carried program time. Most of the television programs, unlike radio, were broadcast during the evening hours and almost half of the programs were of longer than 5 minutes duration. In fact, almost half of all television programs and about two-thirds of the programs longer than 10 minutes were broadcast during "prime" time-7 to 11 p.m. (Table 6, U.S. Summary.)

Station activity with respect to specified offices: Analysis of responses relating to U.S. Senate contests

In both television and radio, most of the stations reporting program time indicated that they carried candidates for the offices of U.S. Senator, U.S. Representative, and Governor. Furthermore, a substantial portion of their total political program time was devoted to the appearances of candidates for these offices. In most instances, there was considerably more time sold or given in the general election than in the primary for these offices. (Tables 7, 13, U.S. Summary.)

A special analysis was made of the information relating to the sustaining time given by stations to candidates for U.S. Senate in the general elections in the 36 States where there were such contests. In 28 States there were only 2 candidates in each of the senatorial contests; whereas in 8 States there were more than 2 candidates."

Overall, the analysis indicated that proportionately as many television stations in the 8 States provided sustaining time for the senatorial candidates as in the 28 States.

In the 8 States there were 110 television stations in operation, and 29 (26 percent) reported sustaining time for senatorial candidates. In the 28 States, there were 290 television stations in operation and 68 (23 percent) provided

No information was obtained on political broadcast activity in the 1960 primaries. Of course a large number of AM stations are not on the air in the evening.

The eight States were: Colorado, Kansas, Massachusetts, New York, Oklahoma, Pennsylvania, Washington, and Wisconsin.

sustaining time. With respect to the amount of time given, there was a like comparability:

The data for AM stations were analyzed in the same manner and show generally the same results as for television with respect to comparability between the two groups of States. In the eight States there were 695 AM stations in operation and 94 (14 percent) reported sustaining time for senatorial candidates. In the 28 States there were 2,009 AM stations in operation and 181 (9 percent) provided sustaining time. With respect to the amount of time there was similar comparability:

An attempt was also made to ascertain the extent to which the stations provided equal time to each of the senatorial candidates. The summary results of this study are shown below:

There may be various explanations for the inequality of time given opposing candidates, such as offers of sustaining time by stations whch were not accepted, or the absence of requests for equal time by one or another opposing candidate, or the extent to which the time given by the stations was exempt from the equal-time provisions of section 315. Although not requested, some stations explained that they had offered time to opposing candidates but the offers had not been accepted.

Editorializing

Fifteen television stations, 114 AM stations, 17 AM-FM stations, and 2 independent FM stations reported the broadcast of editorials for or against political candidates. Almost half reported the broadcast of "reply" statements. Of those who did not broadcast reply statements, all but a few reported efforts to encourage the broadcast of reply statements. (Table 28, U.S. Summary.) In many cases, the stations reported extensive efforts to encourage replies. In radio, for example, 51 stations reported sending advance copies of the editorials to opposing candidates and offering time for reply.

Complaints and problems encountered

In part III of the Commission's questionnaire, stations were asked to describe complaints received (other than those already brought to the Commission's attention) and problems encountered in the area of political broadacsting. Sixty-six television stations and 87 AM radio stations reported complaints; 96 television stations and 136 AM radio stations described problems. As might be expected, the problems described were most frequently related to the complaints received.

Most of the AM stations describing problems discussed their difficulties in arousing candidate interest in the use of smalltown radio facilities. Their answers, for the most part, appeared to be explanations of why they carried little or no political broadcasting as indicated elsewhere in the questionnaire. In television, on the other hand, most of the stations reporting complaints and problems did a considerable amount of political broadcasting. Additional complaints and problems reported by both television and AM stations included minority party requests for equal time, difficulties of arranging time and format for programs and exposure of condidates on nonpolitical broadcasts (mainly news programs). Solutions suggested indicated repeal of section 315, or amendments which would limit the obligations of licensees.