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INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES

NINETY-SECOND CONGRESS

FIRST SESSION

ON

H.R. 8627, H.R. 8628 (and related bills)

BILLS TO REGULATE THE USE OF COMMUNICATIONS MEDIA
BY CANDIDATES FOR ELECTIVE PUBLIC OFFICE

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AUG 1971

Printed for the use of the Committee on Interstate and Foreign Commerce

64-284 O

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON: 1971

TY

DEPARTMENT

COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE

HARLEY O. STAGGERS, West Virginia, Chairman

TORBERT H. MACDONALD, Massachusetts

JOHN JARMAN, Oklahoma

JOHN E. MOSS, California

JOHN D. DINGELL, Michigan

PAUL G. ROGERS, Florida

LIONEL VAN DEERLIN, California

J. J. PICKLE, Texas

FRED B. ROONEY, Pennsylvania
JOHN M. MURPHY, New York

DAVID E. SATTERFIELD III, Virginia
BROCK ADAMS, Washington
RAY BLANTON, Tennessee

W. S. (BILL) STUCKEY, JR., Georgia
PETER N. KYROS, Maine
BOB ECKHARDT, Texas
ROBERT O. TIERNAN, Rhode Island
RICHARDSON PREYER, North Carolina
BERTRAM L. PODELL, New York
HENRY HELSTOSKI, New Jersey
JAMES W. SYMINGTON, Missouri
CHARLES J. CARNEY, Ohio
RALPH H. METCALFE, Illinois
GOODLOE E. BYRON, Maryland
WILLIAM R. ROY, Kansas

WILLIAM L. SPRINGER, Illinois
SAMUEL L. DEVINE, Ohio

ANCHER NELSEN, Minnesota

HASTINGS KEITH, Massachusetts

JAMES T. BROYHILL, North Carolina
JAMES HARVEY, Michigan

TIM LEE CARTER, Kentucky
CLARENCE J. BROWN, Ohio
DAN KUYKENDALL, Tennessee
JOE SKUBITZ, Kansas

FLETCHER THOMPSON, Georgia
JAMES F. HASTINGS, New York
JOHN G. SCHMITZ, California
JAMES M. COLLINS, Texas
LOUIS FREY, JR., Florida
JOHN WARE, Pennsylvania

JOHN Y. MCCOLLISTER, Nebraska
RICHARD G. SHOUP, Montana

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Gardner, Timothy P., Common Cause__

95

Goodman, Julian, president, National Broadcasting Co., Inc--

167

Hargrove, Wade H., executive director and general counsel, North
Carolina Association of Broadcasters___

258

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Statement of-Continued

Serrill, Theodore, executive vice president, National Newspaper
Association

Stanton, Dr. Frank, president, Columbia Broadcasting System----
Udall, Hon. Morris K., a Representative in Congress from the State
of Arizona__.

Wasilewski, Vincent T., president, National Association of Broad-
casters

Widnall, Hon. William B., a Representative in Congress from the State
of New Jersey-.

Page

205

147

44

246

74

Wright, Hon. Jim, a Representative in Congress from the State of
Texas

59

Additional material submitted for the record by

Anderson, Hon. John B., a Representative in Congress from the State
of New York, voter's time allocations in selected metropolitan
areas (table).

Brown, Edmund G., Jr., secretary of state, State of California :
Supplemental memorandum and petition to FCC--

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Exhibit A, letter dated August 28, 1970, to major California TV
stations re free prime time, with attachment_.
Exhibit B, comprising responses to letter printed as Exhibit A..
Federal Communications Commission:

131

133

Letter dated June 18, 1971, from Commissioner Nicholas Johnson
to Chairman Macdonald, together with statement, speeches, and
article

271-299

Memorandum concerning an approach to revision of section 315
of the Communications Act of 1934 with appended tables----.
Goodman, Julian, president, National Broadcasting Co., Inc., suggested
modification to equal time provision in S. 382.
Justice Department, letter dated June 23, 1971, from Deputy Attorney
General Richard G. Kleindienst to Chairman Macdonald__
Krakowski, Dr. Martin, consultant, addendum clarifying testimony---
Stanton, Dr. Frank, president, Columbia Broadcasting System:
Appendix A, participation in elections for president and U.S.
Representatives

Appendix B, a five-point program for election reform__

Udall, Hon. Morris K., a Representative in Congress from the State of Arizona:

Campaign spending totals for selected years..

List of Members of Congress subscribing to campaign reform
statement

Voter's time allocations in selected metropolitan areas---

ORGANIZATIONS REPRESENTED AT THE HEARINGS

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American Broadcasting Cos., Inc., Everett H. Erlick, group vice president and general counsel.

Columbia Broadcasting System, Dr. Frank Stanton, president.

Common Cause:

Beck, Lowell, executive director.

Gardner, Timothy P.

Federal Communications Commission:

Burch, Hon. Dean, chairman.

Korn, Alexander, economic analyst.

Justice Department:

Johnson, Wallace H., associate deputy attorney general.

Nichols, William, legislative counsel.

National Association of Broadcasters, Vincent T. Wasilewski, president.

National Broadcasting Co., Inc., Julian Goodman, president.

National Committee for an Effective Congress, Mrs. Susan B. King, Washington director.

National Newspaper Association :

Howell, John, publisher, Warwick Beacon.

Mullen, William, general counsel.

Serrill, Theodore, executive vice president.

North Carolina Association of Broadcasters, Wade H. Hargrove, executive director and general counsel.

POLITICAL BROADCASTING-1971

TUESDAY, JUNE 8, 1971

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE OF COMMUNICATIONS AND POWER,
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE,

Washington, D.C.

The subcommittee met at 10 a.m., pursuant to notice, in room 2123, Rayburn House Office Building, Hon. Torbert H. Macdonald (chairman) presiding.

Mr. MACDONALD. The hearing will come to order. This morning, the Subcommittee on Communications and Power begins hearings on bills before it which would regulate the use of communications media by candidates for elective public office. It was just 1 year ago that this subcommittee began hearings on the same subject. On the basis of those hearings, the subcommittee drafted legislation which was introduced by myself and every member of the subcommittee, on a bipartisan basis. Under our subcommittee bill: (1) The "equal time" provisions were repealed for presidential and vice presidential candidates in general elections, (2) broadcasters were to charge candidates for public office their lowest unit rate for the use of the airways, and (3) reasonable limits were placed on the amounts that major candidates could spend for broadcast time in primary and general elections. This legislation was reported unanimously to the full committee from the subcommittee. The full committee reported it to the House, with only one vote against it and without amendment. It was passed by the House, again without amendment (although a number were offered), by a rollcall vote of 272 to 97, clearly on a bipartisan basis.

In conference with the Senate, the only change made in our subcommittee's bill was the date on which it was to take effect. The conference report was adopted in the House by a rollcall vote of 242 to 112, and in the Senate by a vote of 60 to 19.

On October 12, 1970, despite all the bipartisan efforts and support demonstrated in the House and in the Senate, the President vetoed the bill, complaining that "it plugged only one hole in a sieve" as it discriminated against the broadcast industry. He further indicated that all other advertising media should be included.

Therefore, I have introduced H.R. 8628 to meet the avowed objections of the President as to discrimination against the broadcast media. This bill limits expenditures and gives candidates for Federal elective office the benefit of lowest unit rates in their use of newspapers and magazines as well as broadcasting time. This bill also repeals the qual-time provisions with respect to candidates for President and Vice President in general elections.

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