Wirl Television Co. v. United States
Wirl Television Co. v. United States
Opinion of the Court
In 1952, after several years of consideration, the Commission allocated television channels to various areas throughout the country. Peoria, Illinois, was allotted two UHF channels
The separate rule making proceedings which led to removal of VHF channel 8 from Peoria were held in response to a nationwide problem concerning UHF television in general.
In response to this problem the Commission in 1955 began proceedings to consider the feasibility of “de-intermix-ture”, i. e., making all channels in any one area either VHF or UHF, but not an intermixture of both. The assumption was that UHF (70 channels) had an important place in future broadcasting, because traffic in the near future would probably saturate the limited VHF band (12 channels). Therefore, it was desirable to encourage the development of UHF as rapidly as possible. One way to do this was to remove the competition of VHF in some communities. Twice the Commission considered whether to “de-intermix” Peoria,
On June 26, 1956, the Commission proposed to explore the possibilities of shifting all or most television broadcasting to the UHF band. The Commission added:
“Since some years would be required in any event for the full implementation of an all-UHF system, the Commission believes that steps should be taken in the meantime to improve the opportunities for effective competition among a greater number of stations. As already indicated, a basic choice in many markets at this time lies between the elimination of VHF channel assignments to create improved opportunities for UHF broadcasting and, alternatively, the assignment of additional local VHF channels.”
Consequently, an “interim” proceeding was begun, involving 13 communities, in
“would leave a large area where no other service would be available, and that the UHF stations could, because of local circumstances, compete effectively with one VHF station.”8
Consideration continued until March 1957, when the Commission decided to remove Peoria’s channel 8 and substitute two UHF channels, in addition to the two already operating.
Appellant raises a number of claims, chiefly that the Commission acted arbitrarily in removing channel 8 from Peoria in the rule making proceeding. The record discloses an impact on this case of two kinds of Commission action — rule making (quasi-legislative) and adjudicative (quasi-judicial).
The net effect of the two proceedings is that appellant received not the VHF channel 8 it wanted but what amounted in a sense to a “consolation prize” in the form of UHF channel 25 which it did not want. But this situation is a consequence of the Commission’s exercise of its rule making power and its acknowledged authority to impose the conditions which were contained in the grant of the VHF channel 8 permit.
As we said in the Coastal Bend case,
We have considered the other contentions of appellant and find in them no basis for reversing the action of the Commission.
Affirmed.
. Channels 19 and 43. There was another UHB’ channel, 37, which was used for educational purposes and is not involved here.
. See Coastal Bend Television Co. v. Federal Communications Commission, 1956, 98 U.S.App.D.0. 251, 234 F.2d 686 (en banc), and cases cited.
. The Commission said in 1952 that its expectation was “that ultimately the major part of television broadcasting would be carried on in the UHF band. * * # »
. See Status of UHF Television Stations, Committee on Interstate and Foreign Commerce, 83d Cong.2d Sess. (1954). Some of the problems were cited by the Commission and include the large number of VHF-only sets in use and being manufactured, performance deficiencies of UHF transmitting and receiving equipment during the early years of UHF television broadcasting, and the consequent preference of program and revenue sources for VHF outlets.
. Peoria was an exception; there the two UHF stations were apparently healthy, partly, no doubt because there was no competition from the VHF channel (8), which remained vacant at all times.
. In 1955 and 1956. Actually, deletion of channel 8 from Peoria was first proposed in September 1954, by the two Peoria UIIF stations. The petition claimed that UHF generally could not compete with VHF, and asked that Peoria be made an all-UHF market. The Commission noted that two parties (of which appellant was one) had spent considerable “time, effort and money” in prosecuting their application for channel 8, and denied the petition for lack of a showing that public interest required deletion of channel 8.
. Including some 40 towns, farm bureaus, labor groups and the Attorney General of Illinois, all of whom opposed deletion of channel 8.
. Quoted from appellant’s brief in the present appeal.
. Of the other eight communities in which deletion of VHF was proposed, only two actually lost their VHF channel. Two remained in status quo, two actually acquired new VHF channels, and two have not been finally decided.
. See Administrative Procedure Act, 5 U.S.C.A. § 1001(c) and (d).
. See note 2 supra [98 U.S.App.D.C. 251, 234 F.2d 690].
Reference
- Full Case Name
- WIRL TELEVISION COMPANY v. UNITED STATES of America and Federal Communications Commission, Tele-Views News Company, American Broadcasting-Paramount Theatres, Inc., Mid Illinois Television Company, Illiway Television, Inc., Hilltop Broadcasting Company, WMBD, Inc., West Central Broadcasting Company, Intervenors WIRL TELEVISION COMPANY v. FEDERAL COMMUNICATIONS COMMISSION, Tele-Views News Company, American Broadcasting-Paramount Theatres, Inc., Mid Minois Television Company, Illiway Television, Inc., Hilltop Broadcasting Company, WMBD, Inc., West Central Broadcasting Company, Intervenors
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- 3 cases
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- Published