Juris Magazine- Summer 1978

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Juris Goes To Press VOL. XII No.4 - Summer 1978 Editor-in-Chie!

Thomas R. Kline

Associate Editors Michael Angelini Janine Fiesta

Assistant Editors Martha W. Riegel Daniel Bu tier Gerard Cipriani Francis Pipak

Aillmni Robert Sambroak

Photography Arthur C. Kellum Marc B. Abrams

News James Pocius

Features William Humphries Jo Ann Asparagus Staff Members: Steven R . Abramovitz Sondra K. Alan, Karen M. Balaban Paula Barton, Stephen F. Capone Norma M. Caquatto, Barbara Cymerman Stephanie Domitrovich, Philip Fan ning Christopher Fleming. John Frara cc io James Ker r, Dolores Laputka Joseph Messina, Jo sep h Mistick Samuel Moore, Sharon M. Pro fe ta Nancy Schultz, Ronald Susmarski Mary Be th Cloonan-Maye ll, Gino F . Paluso Ma rcia Silberstein , Patrice Andrews Geoffrey Hunt Faculty Advisors: John J. Sciullo ~nd Nicholas J . Demas .

JURIS is a student pllblic~tion of the Duquesne Un iversi ty School of L aw .

Manuscripts and comments may be addressed to JURIS, Duqu esne Univ ersity School of Law, 600 Forbes A venue, Pittsburgh, Pennsylvania 15219.

Telephone (41 2) 434-6305.

CopyrightŠ 1978, Duquesne University

Artwork by Edward Luczak

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This issue or Juris deals with communica tions law. Rapidly changing and inrluenced greatly by technology, the legal problems that arise concerning the media are varied. Through an inter view with Joseph F. Barletta, an alumnus or Duquesne University School or Law, and a series or articles by his colleagues, a group of nationally prominent lawyers in the communications law field, Juris provides a forum for the discussion of a few of the important issues currently facing the communications industry.

The interview with Barletta sets the tone and style for this issue's theme. It is an informal discussion of contemporary communications issues. Barletta initially describes his background and current position as Vice President and General Manager of the New York Daily News. He then ou tlines thc legal apparatus in the newspaper industry and the legal qu es tions with which newspaper executives are currently dealing.

Barletta comments on the corpora te structure, management, and marketing trend s in the newspaper business today.

He discusses the newspapers of New York and newspapers throughou t the cou nt ry, a nd their relationship to the historical, social, political, and cultural milieu of the city and nation. Most important , Barletta talks about The News itsel f.

Robert M. Johnson, a lawyer who specializes in the represcnta tion of newspaper and broadcast media in all aspects of labor relations , expands the discussion begun in the Barletta interview concerning the consequences of electronic technology upon labor relations in thc newspap er and television industries. Johnson traces the advances of technology, which has continually affcctcd the jobs of media employees.

Johnson, a partner in th e Chicago law firm of Seyfarth, Shaw, Fairweather & Geraldson , finds the significant fact to be that newspapers and television stations are taking advantage of new technology, resulting in the creation of "difficu lt and comp lex labor problems. " In a short essay, David Barrett expresses his personal opinion in the continuing political controversy over whether all radio manufacturers shou ld be compe lled to include FM

receivers on all radio s. Barrett describes the debate over this question, an issue of concern not only to med ia lawyers, but to all consumers, as well. He argue s that the current lack of universal FM reception capability is a loss for the public, and urges the Congress and Federal Comm unicat ions Commission to support legislation that would expand FM to reach everyone. Barrett , a partner in the Washington law firm of McCandless and Barrett, insists that the legisla tion he supports will result in the "widest diversity of programing service to the broadcasting public."

Terrence Mahony and Donald Zeifang, two lawyers for the National Associa tion of Broad casters, ask the ultimate question: Should the Communications Act of 1934 be rewritten?

Their answer is a resounding no. Instead of "radical surgery" on the now existing regulatory framework, Mahony and Zeifang suggest some sta tu tory changes to "promote even better broadcasting and to restor e full constitutional rights to broadcasting." On the universal FM rece ption capability issue, Mahony and Zeifang agree with Barrett, arguing that the public will benefit from legislation requiring all radios to be equipped with FM tuners .

The process of publishing the Summer 1978 issu e of Juris has been a pleasurable experience for many reasons. First, it has given me an opportunity to work, albeit briefly, in a field in which I have always had a special interest, and to explore issues that are of concern to Juris and all publications.

Seco nd , it has enabled me to meet and work with an extremely talented a lumnus of our law school - Joseph F. Barletta. Finally, this issue is persona lly important because it represe nts my eighth and final issue as editor-in-chief.

During the past two years , Juris' role as a contemporary issues forum has been continuaUy evolving. The maga zine has ex p lored the fieldS o f trademark law , criminal law, municipal law, environmental law, patients' rights, and personalities of the court system. Now, we present an exc ursion into the area of media law. Juris finally goes to press.

Thomas R. Kline

JUBIS GOIS TO PBISS WITH

JOSEPH r. BARLETTA

Upon receiving his undergraduate degree in 1959 from Marietta College in Marietta, Ohio, Joseph F. Barletta began a career in the newspaper field as a staff reporter for the Marietta Times. One year later, Barletta interrupted that career and entered the day division of Duquesne University School of Law, graduating with a J.D. degree in 1963.

Upon finishing law school, Barletta associated with his father's law firm in Ellwood City, Pennsylvania. Retaining his interest in the communications field and reviving an interest in labor law begun in law school, Barletta left his father's firm to join Dow Jones & Co ., Inc. in 1966 as a labor lawyer. His two careers, in media and law, had been merged.

In subsequent years, Barletta became Labor Relations Manager for Dow Jones & Co., Inc. and later for the Chicago Tribune Company. He then became Vice President and Director of Operations for the Chicago Tribune Company, and a member of the Chicago Tribune Board of Directors. The Tribune Company, a diversified communications company, owns, among other newspapers and broadcasting operations, the 路 Chicago Tribune Company and the New York News, Inc. In 1976, Barletta came to New York to the New York News, Inc. as Vice President and Director of Employee Relations, a position he previously held at the Chicago Tribune Company. In 1977 he became Vice President and

Director of Admin istration, and later that year was appointed to his present position of Vice President and General Manager.

The following conversation between Barletta and Thomas R. Kline, Editor-in-Chief of Juris, took place during early March, 1978, in Barletta's New York office. In a Friday afternoon interview that ranged over a number of topics, the two discussed Barletta's professional career, current trends in the newspaper industry, the history of the publishing business, the City of New York, the effect of technology upon communications, and recent issues in communications law .

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JURIS: How did a 1963 graduate of Duquesne University Law School become Vice President and General Manager of the New York Daily News?

BARLETTA: I practiced in Pennsylvania for about three years with my dad, and I decided I wanted to specialize. He has a small town general practice. I didn't know about a lot of the specialties that were available , and some of the ones that exist today, didn't exist then. But I had taken a course from Lou Mandarino who taught Labor Law at the time, so I thought I would specialize in that. I went with the Wall Street Journal through the American Bar Association Placement Service, worked as a la bor lawyer there, and eventually became labor relations manager. I then went to the Chicago Tribune in the same capacity, and became Director of Employee Relations, then later, Director of Operations. A year ago I came here .

JURIS: You were the youngest Vice President in the history of the Chicago Tribune?

BARLETTA: Yes , that's what I was once told.

JURIS: You weren't lured at all to remain in your father's small town practice?

BARLETTA: I enjoyed it for the three years that I was there. That's in Ellwood City and New Castle. But, I felt that it was an age of specialization. He and I talked about it, and I suppose it's a judgmental thing. I don't think he agrees with specializing. He feels that if you're a specialist and you keep doing the same thing, there's going to come a time when you're going to get very tired of it . I also wanted to go to a large city .

I talked to a few firms in Pittsburgh and government in Washington and Harrisburg, then ended up with Dow Jones (Wall Street Journal) in Princeton, New Jersey and New York.

JURIS: What does a Vice Presiden t and General Manager do?

BARLETTA: Well, I haven't been one very long, so I certainly don ' t speak with authority on it. You have the general responsibility for managing the business, which includes everything in the company except tehe editorial product. You even have to manage the business side of the editorial function.

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"So whether or not people stop reading, or whether or not they get their information from newspapers, really has more to say about whether or not democratic institutions continue and the kind of society we know continues than it has impact on newspapers. Newspapers are just one feature of that whole society. " You have differentdepartments - Circulation, Prod uction, Marketing, Ad ministra tion, Advertising, Financial, Employee Relations - reporting to you, and you have the responsibility for the people and their budgets and for what they do, and how that reflects on making and selling the products. You don't have anything to do with Editorial, obviously, because that's a creative function, but you do have involvement with the business aspects of that department.

JURIS: Are any of the things you do legally rela ted?

BARLETTA: I'm a business executive.

Now, legal matters increasingly permeate every aspect of running a business.

So each depart men t has a variety of matters that lawyers have to deal with .

Bu t 1 don't function in any capacity with legal overtones.

JURIS: Since you are not directly involved in the practice of law, do you feel your education was not appropriate for a business career?

Newspapers are searching out their identity now."

BARLETTA: Absolu tely not. A legal ed uca tion develops objectivity and disciplined analytical thinking to a very fine degree. This training is essential to conceptual and judgmental decision making.

JURIS: Is most of the legal work at The News handled by outside counselor inhouse counsel?

BARLETTA: Outside , mostly. For some functions, where you have a great deal of volume, like Labor Relations, you might have legal people in the company handling Labor Relations. They might not really be acting as lawyers.

They might defer to somebody else if they went to court, but they are legaUy trained, which is really what I was when I started ou t. There's a trend increasing, in general, in industry to beef up their house counse l because of the fees tha t they are paying ; because of all the governmental restrictions and agency regulations, it's costing more and more money.

JURIS: Is the single greatest volume of legal work in the newspaper business in the labor area?

BARLETTA: I don ' t know where it is , but I doubt it is in labor. It's very widespread. You are not going to pu t a paper out every day without people claiming you've libeled th em, for example , and it's no mea sure of the quality of th e newspaper - all the claims tha t you'll get. And then you have corporate law, just like any Company - contracts and leases, tax matters and general litigation. There's a whole anti-trust area t ha t's extremely releva nt to newspapers , both becau se they're going through a merger phase now, where a few big conglom erates are coming to the fore, and also because in the dis tribution end, where there are franchised dealers and independent distribu tors, newspapers want to be involved with the pricing and service quality of th e paper. The entire First Amendment area is currently red hot with tests such as " gag" rules, subpoena-type investigations, and so-called "shield laws" for reporters. Another area is advertising, including what the standards of ads are ; the refusal to take certain ad s also creates legal problems.

JURIS: You mentioned the big conglomerate newspaper com panies. In the March-April edition of Columbia Journalism Review, Ben H. Bagdikian wrote , "Newspaper companies are no different from concerns that deal in oil, automobiles, pharmaceu ticals or underarm deodorants. The product happens to be different . .. But the organizations that provide the prod uct operate with the same corpora te motives as shoe factories." True or False?

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BARLETTA: Well - Of course, the background is that Bagdikian has become sort of a newspaper gadfly , and he's most distressed at the trend toward corporate mergers. So, this is a recurrent theme of his . There are some newspaper companies that are very profit conscious, and one wonders about the quality of t he service tha t they give, especially where they have monopoly markets.

Then , there are many that view themselves more as a public service than they do as a profit making company. It depends on the style of management. Here, there's a corpora te paren t, called Tribune Company . There are three branches in that company - one is newspapers, one is broadcasting, one is newsprint manufacturing . The Chicago Tribune and the New York Daily News are two of those newspapers. There are others in Ft. Lauderdale and Orlando, Florida; Van Nuys, Pa lo Alto and Escondido, California; and so on. The Tribune Company ha s few corporate fun ctions. There are a few financial people and a couple of other people who wea r two hats. So there 's not even in existence any individual who could come to the Editor of the New York Daily News and say, " You should print thi s or tha t." It' s total autonomy. So - what Bagdikian is talking about really does not exist and ca n't exist in that kind of an a tmosphere. On the other hand , there are

Barletta's office at The News.

"It s not going to do any good 10 print a lot of hard news if nobody will buy it and read it. If our problem is that people don 't read, we ca n't cure it by insisting they read stodgy newspapers." companies where an individual property is told you must earn X percent profit margin next year, and they have to get to that, and if they have to get to it by cutting the quality or something, that may be likely .

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JURIS : The Pittsburgh Post Gazette and the Pittsburgh Press have both been dropping in circulation. An article in a recen t issue of Pittsburgher explains the phenomenon by pointing to the growing suburban newspaper trend.

BARLETTA: That is true. Major metropolitan dailies generally are not experiencing (you have to be very careful, beca use it's not a flat out rule) the profit making potential that they once had . Of course, the suburban papers are really growing. It 's a real growth indu stry .

JURlS: Another notable trend is the demise of the afternoon newsp aper witness the Chicago Daily News. Commentators have written that because of lifestyle trends, the afternoon newspaper was doomed a long time ago. The only paper the people can digest is an early morning paper. It's the only time they have to read it.

BARLETTA : That 's right. But remember this. People think of newspapers and th ey think of readership and circulation, but what decides whether a newspaper is healthy is also what advertising it gets.

The Chicago Daily News was st ill purpeople when it chased by 300,000 folded . There are a lot of very successful papers that have a smaller readership than that. But advertisers don't want to advertise in an evening paper or an afternoon paper. They want to put their ads in the morning paper because the person who reads that paper goes out and shops that day for things that are mentioned in the paper.

JURlS : If our society is one that 's growing increasingly illiterate , does that spell the doom for all newspap ers - city and suburban , morning and afternoon?

BARLETIA: Oh - it might, but it depends on what a newspaper really is. If our business is disse minating information, then there are different types of information and different ways, perhaps, to disseminate it.

JURIS: A national research survey showed that the percentage of people who read a newspaper every day was 73% in 1967, but only 62 % in 1977. If yo u follow the line on a graph, it will be less than 50% in 1990.

BARLETTA: If true, it 's a dangerous trend . It means a lot more than just whether or not we will sell newspapers.

It will mean political manipulation and tremendous sociological changes. The literate people will be a minority. I don't know back before we had free public education, what the percentage of literate people was to th e illiterates.

But the newspaper of that time was a different kind of a thing. It wasn't really intended to be a democratic institution.

It was just a tool of the intelligentsia .

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So whether or not people stop reading, or whether or not they get their information from newspapers, really has more to say about whether or not democratic institutions continue and the kind of society we know continues tha n it has impact on newspapers. Newspapers are just one feature of that whole society.

JURIS: [ think it can be said that the history of American newspapers is tied up with the history of American cities, the economic vitality of the daily newspaper being rooted in the city. Newspaper reading increased as cities grew economically, culturally and politically through the late-nineteenth century and into the early twentieth century. What do the recent trends of economic collapse, social decay and suburbanization mean for the large city newspaper?

BARLETTA: That's a good question.

Obviously , the newspapers have to follow their readers and their advertisers, and if we could predict the future of New York City, I guess we'd know a lot better where we stand as the Daily News. The New York Daily News is essentially the paper of New York City.

You have to remember though, that New York City isn't just Manhatta n.

Tha t's only one borough. The other areas 0 f New York City have very strong residential neighborhoods, where the Daily News is the paper of preference.

We have a New Jersey edition that is almost a different paper in a lot of respects, and it is very popular. All in all, it's a question of trying to retain the flavor of the big city and follow the readers and advertisers with that flavor.

JURIS: Is there a problem with the recent trend toward suburban zoning inserts into the papers in the sense that it is really dividing up the city? People who read the New Jersey paper don't have the same feel for the city as people who read it in Queens or in Manhattan.

BARLETTA: Well - it's a delicate balance. You try to give everyone some sense of the city, but people want increasingly to know more about their neighborhoods. So, you have to balance it. I wish I could remember who said that the fire in somebody's fireplace was more important than half of China burning down. On the other hand, our market studies show us that there are

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"We 've always felt, and so does The Times, that we don't compete with each other. They have a large healthy circulation, and much of it is all over the coun try . . . On the other hand, we are the paper of New York City and of the people here. "

people in the suburbs who haven't set foot in the city for a year, for maybe five years . They do all their shopping, entertaining, and amusements in the suburbs, but they want to read the latest reviews of plays and they want to read restaurant reviews. They will read them and they relate to it, and they picture themselves as "citophiles." Market researchers have different terms for these psychographics, but these people don't want to read a lot about their neighborhood . They really relate to the city.

JURIS: Is there a commitment to the urban problems of New York by The News?

BARLETTA: More by The News, I think, than by most papers. J had lunch yesterday with the Editor of The News and the Mayor of New York, and we talked about this very subject. The reason I say more The News than most papers is The News sells almost two million papers a day. That's a lot of newspapers. Contrast that with 250,000 that the Pittsburgh Press sells. If you are going to sell that many papers, you are going to sell in volume to dense

The News is ... sassy, brassy and personal."

population areas. There are urban areas tha t are in trouble economically, socially, and politically that reflect all of these major city problems where the Daily News is the one thread of continuity. It's very important to us what happens to those areas of the city, and wha t happens to tha t readership and to tha t purchasing power. So - there's a self-interest there as well.

JURIS: Paul SinlOn once wrote in a song, "A woman from the supermarket ran to call the cops, he must be high on something, someone said. Though it never made The New York Times, in the Daily News the caption read: 'Save the life of my child.''' I always thought that captured the essence of the difference between The New York Times and The News. How do you perceive The News compared to the other New York papers?

BARLETTA: We've always felt, and so does the Times, that we don't compete with each other. They have a large healthy circulation, and much of it is all over the country, as you know. They fancy themselves as the paper of record - very thorough. The Washington Post and our sister paper the Chicago Tribune, and the Los A ngeles Times might take exception to The Times' view of themselves. But we don't. On the other ha nd, we are the paper of New York City and of the people here. We have a great deal more local news than The Times does. But what makes the New York Daily News unique among all papers is kind of a sassy, brassy and personal approach. The New York Post, since Rupert Murdoch bought it, is trying to find itself, bu t it's not consistent.

You see, New York is a very street-sale oriented city. Most cities aren't. Eighty percent of our sales are sold by somebody walking up to a newsstand and buying a paper. In Pittsburgh, it's probably exactly the reverse - a bout twenty percent. That 's why you have more of a bid to grab attention and catch the rcader's interest before he plunks down his money. The Post is trying to find its image. The Daily News has had its image for a long, long time. The Daily News headline that said, "Ford to City --Drop Dead, " is kind of a classic, because when President Ford was campaigning and he turned down New York City's plea for federal assistance, he obviously didn't say, "Drop Dead." The thrust or the gist of what he said came out tha t way. The Daily News printed it that way in their head line with a kind of irreverent style. Most political experts believe that Ford lost New York State because he lost New York City , and he lost New York City because of that

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head line. I don't think very many people read it and thought he actually said, "Drop Dead." That's the Daily News style . It's pretty unique. Then , also it's a photo newspaper.

JURIS: lsn ' t there a big change going on in the quality or type of product in almost all newspapers recently?

BARLEITA :Yes,from hard news to soft human interest. That's in everything.

News magazines like Time and Newsweek now run cover stories on models and television stars. Th ey've all changed their formats. They've all used different type styles. They've all gone to shorter stories - "People" - type features. Andy Warhol says that everybody's going to be a celebrity for one minute. That 's a major change. People are not interested in hard news as much as they were .

Papers used to be a lot more masculine oriented. And they're getting away from a lot of that . I think any major paper today has a great dea l more.

JURIS: Is there a problem with newspapers trying to be too much like magazines? Shouldn't newspapers be newspapers, and magazines be magazines?

BARLEITA:Well, a lot of people will argue that. I guess newspapers are searching out their own identity now, trying to find out what it is they are expected to be . There are a lot of marketing people who feel that newspapers were never

FORD TO CITY: DROP DEAD Vows He 1/ Veto Any Boi/-Out Abe,Carey Rip Stand Stocks Skid.

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"The Daily News headline that said ' Ford to City--Drop Dead, ' is a kind of a classic... Th e Daily News printed it that way with a kind of irreverent style.

Most political experts believe that Ford lost New York Sta te because he lost New York City, and he lost New York City because of that headline."

very responsive to what people wanted.

They are getting more that way because of television. There are two sides to the coin. There are newspaper people, especially editors, who will argue that as a newspaper you have a duty to tell the public about a lot of things tha t the public isn't really that interested in knowing. There are other people who argue that there's no value in pu tting something out that causes everyone's eyes to glaze over and that they really want to read about things they are really interested in. People may be more interested in ba ckpacking or how to buy life insurance - not about what 's happening in China.

JURIS: The critics say that the constitutional duty of the free press is directly at odds with the marketing approach to newspaper publishing.

IlARLETIA: I don't know what kind of a duty grows out of the constitutional right to a free press. That's a right , not a duty . There's a responsibility to inform the public and check the government and so on. But I don't trunk that marketing concep ts are in an y way coun ter to that. Marketing concepts are to encourage people to read a paper, purely and simply. If there is some kind of public duty, Watergate-type information, in that paper that you've persuaded somebody to buy because he saw a zippy head line or he wants to read about backpacking, then it's all the better . It's not going to do anyone any good to print a lot of hard news if nobody will buy it and r ead it. If our problem is that people don't read, we can't cure it by insisting they read stodgy newspapers.

JURIS : People were much more interested in backpacking than Watergate, at least in its inception. Yet, it seemed the traditional function of the newspaper which was performed well by the Washington Post and The Times, because they kept hammering at a story that people d idn't initially want to read. Is there a balance between marketing and editorial responsibility?

BARLETTA: Well, sure. Otherwise you'd become strictly an entertainment medium . The point that I'm trying to make primarily is that it's not really something peculiar to newspapers.

You're seeing it in magazines and on television news as well with all the socalled happy talk renditions of news broadcasts. The marketing people are saying give the people what they want and the news people are saying that they have to perform a public service here. Yes, there's a balance somewhere in between.

JURIS: Lester Markel of The New York Times caustically called it "Gallup edit-

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"Our market studies show us that there are people in the suburbs who haven't set foot in the city for a year, for maybe five years. They do all their shopping, entertaining, and amusements in the suburbs, but . .. they picture themselves as citophiles. "

ing." Is that a good term for the "give the people what they want" attitude?

BARLETTA: That's an attitude, but r don't know that a lot of top newspaper people who came up through the ranks of politics and hard news will ever understand . There was a common joke going around that the most important editor a t The Times was going to be made restaurant reviewer. But, you have to sell papers to people, and it doesn't do any good to write it if they' re not going to buy and read it. Marketing people are apt to say that newspapers are the one industry that have resisted giving people what they want a lot longer than other industries. r had some experience at the Chicago Tribune that r think told me that there is a good balance. We decided when I was there that we would revamp that paper. This was a process that took a couple of years. It started ou t with a market survey , and we ended up with a pretty different product quite innovative. It has all the elements that marketing people wanted, but it's a much better quality newspaper as well.

So you can achieve it. They're not necessarily opposed to each other.

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JURIS: Frank Bennack, Execu tive Vice Presiden t of Hearst, made the sta tement that never in his twenty-five years in the newspaper business have newspaper executives been as introspective a bout the prod uct that they are producing as they are today .

BARLETTA : That 's certainly accurate.

I suppose they've always been somewhat introspective, but not on a relative basis as they are now . There's a heightened marketing sense. I don't know that tha t's because of the competition of suburban papers and television, or just a general awareness of marketing which is sort of a growing phenomenon in American industry. I don't know, but it's certainly a safe bet to say it about newspapers. Newspapers were almost a family-owned cottage industry until very recently when they started to merge and become big business.

JURIS : How has technology changed newspapers since the "cottage industry" days?

BARLETTA: Newspapers were a la bor intensive manufacturing process, almost hand work . Newspapers are becoming increasingly and dramatically au tomated because of strides in electronics. This is a major change in the cost picture of producing and a major change in how we function as employers. Technology is something that's very upfront in everybody's thinking. We used to have reporters sit at a typewriter and out would come copy. They would take tha t piece of paper to a prin ter who would use a linotype machine, and he would set in metal type a page form . A mat would be made and then a heavy , metal printing plate would be made and put on the press, and then the paper would be produced. Now - with electronic publishing, a reporter works at a keyboard of a videodisplay terminal.

When he's done, he pushes a bu tton , it's automatically fed into a computer where what we .call "cold type" is set in a photocomposi tion process and a negative is used to make a printing pIa te - perhaps of plastic. There are no hot metal slugs, there are no line casting machines, there are no typewriters and copy paper, there's no stereotype platemaking process and even the presses are changing, and increasingly offset presses are being used. The process is much more automated at the front end.

JURIS: Does this mean a reduction of the number of employees at The News?

BARLEITA: Presently, we have 5,100 employees. No newspaper in the United States has that many employees. When we get done with a lot of this au tomation, we'll have a great many less.

JURIS: How does a company automate without adversely affecting its employees?

BARLETTA: The trick in a unionized atmosphere is to persuade the union to negotiate for the benefit of individual employees without trying to perpetuate its own existence as a functioning entity.

That is, employment can be reduced through attrition where employees who

Barletta and Kline discuss The News. retire or die are simply not replaced .

This, of course, results in a gradual decrease in employment without affecting any individuals. We have also negotiated contracts wherein individuals were guaranteed employment for life with the company having the flexibility to retain and/or move the employees to other jobs in the company. Another approach has been to offer on a volunteer basis "early retirement" financial in-

The News has had its image for a long, long time."

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centives to individuals who might want to leave the company's employment for a variety of reasons. In general, I think it's safe to say tha t a company can au tomate and reduce its employment while demonstrating compassion for individuals affected.

JURIS: Speaking of jobs, do you envision employment opportunities for lawyers in the newspaper industry?

BARLETIA: While the journalism area is presently as overcrowded as the legal area, opportunities in the non-writing business side are growing daily . Staff areas, such as recruiting and employment, affirmative action, health and safety, pensions and profit sharing, wage

and salary, medical and major medical plans, have experienced tremendous growth recen tly due to an onslaught of legislation, mostly federal. Labor reform legislation has passed the House , as expected. We can anticipate a strong surge in that area, particularly organizing.

Fortune Magazine recently said that staff management areas in corpora tions used to take a backseat to line functions, but have now become the new glamour areas of responsibility. Managers are switching, the article explained, from line functionsto staff functions ; this is a new phenomenon. I think there 's no question that these complex matters can best be dealt with by managers who have a solid understanding of the pertinent legislation.

TRIILICT.OIlICS IXPLOSIO Its Impact Upon abor .elations In The Print And Broadcast Media

by Robert M. Johnson

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or those who ventured beyond the visual experience of the movie "200 I . A Space Od yssey," the sophisticated and later villainous compu ter HA L rekindled the question of how far computer technology could really go. The geometric growth in electronics technology spawned by the space program is leaving its mark on daily lives of everyone in this country.

Vnquestionab ly, the decreasing cost and thus increasing use of compu ters by both private and public enterprises has created a strong demand for new labor market skills. However, most people would also recognize that the vast growth in electronic devices with memory capacity, from th e simplest pocket calculator to the most sophisticated computer, decreases the need for other skills, particu larty those of a clerical nature. While the data storage and retrieval capabilities of even the simplest computer do eliminate the need for many clerical operations, this function represents but a small part of the impact which the age of electronics has had upon the print and broadcast media. Indeed , because today's electronics have given newspaper publishers and television station operators technological capabilities which were not even dreamed of as little as 10 years ago, the clash between the rights of labor and the need for increased productivity has become one of the single greatest impediments to labor relations in these industries.

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2.

International Typographical Union (ITU) International Printing and Graphics Communications Union (IPGCU), The Newspaper Guild (Guild) and Graphic Arts Interna tional Union (G AIU).

Internationa l Brotherhood of Electrical Workers (IBEW), Na tional A ssociation of Broadcast Employees and Technicians (NABET), American Federation ofTele· vision and Radio Artist:(AFTRA), inter· national Alliance of Theatrical Stage Em· ployees and Moving Picture Machine Operators (IATSE) and Directors Guild of America (DG A).

..

•

II

istorically, the unions which represent employees in the ••••• newspaper I and television 2 industries have bargained for jurisdictional language which expressly provided that certain work could only be performed by members of their union.

From the time such language originated until the not too distant past, the purpose of jurisdictional clauses was to pro· tect -such work from encroachment by other employees who were either members of other unions or non-union .

These unions rarely bargained against encroachment from technology since it posed no real threat and most union lea ders recognized tha t technological advancements benefited society as a whole. For the most part, new technology meant improved typesetting equipment, new presses, new cameras or audio equipment which were still operated under the same jurisd ictional language by members of the same union. However, the age of electronics with the attendant growth in computer usage, has brought an end to this thinking. As will be discussed b.elow, technological breakthroughs in electronics have occurred so rapidly that virtually overnight, equipment became available which could eliminate the need for vast numbers of skilled employees. Suddenly, this equipment, and not other employees, became the single biggest threat to the jobs which the jurisdictional clause sought to protect.

It is not the intent of this article to become entangled in the labor versus capital argument, nor to pass judgment upon the theory that restrictive work practices and jurisdictional language so inhibited real growth in productivity that drastic new approaches were necessary. In fact, it matters little whether the significant leap in electronic and compu ter technology resulted from the need for these industries to eliminate historical work practices which had become financially burdensome . What is significant is the fact that both newspapers and television stations are taking advantage of the new technology and

that the result is the creation of difficult and complex labor relations problems.

The remainder of this article will address those problems and the approaches which have been adopted to achieve their resolu tion.

!

he daily newspaper, a classic example of a highly labor intensive industry, will be discussed first because the tension between man and electronic technology has undergone a longer, evolu tionary process. From the time of Guttenberg until approximately 15 years ago, type had to be cast on the slugs of wood or metal with each slug representing a different letter or character. For the newspaper, each line of type was cast in hot metal, a letter at a time, on a Linotype machine operated by a keyboard. When one considers the lines of type in the large daily newspapers which serve major metropolitan areas, and then further considers the tact that a good journeyman hot metal operator could average only 200 lines of type per hour because of machine limit a tions, it is easy to understand why the major newspapers often employed in excess of 600 printers. Furthermore , it should be noted that these employees were redundant since setting hot metal type involved re-keyboarding news stories, columns and other matter which had already been typed once by a reporter or ad taker and perhaps retyped by an editor.

The first breakthrough which led to faster typesetting was the use of perforated tape to run the Linotypes at a faster rate. This tape was produced on TTS machines which resemble typewriters but produce a perforated tape. TTS machines could be operated at speeds of 60 to 70 lines per minute but since they were also operated by lTV members, their introduction met with little opposition. It was with the TTS machines that computers were first used . It was found that TTS operators could work much faster if they did not have to justify each line of type- that is, count

9

their key strokes, hyphenate words and punch coded instructions onto the tape to signal when each line was exactly equal to the necessary column width.

To elimina te this process, a compu ter was developed, with a complete dictionary placed into its memory. It was fed the unjustified tape and it produced fully justified tape, with correct hyphenat ion, to run the Linotype machines.

N

ext came the development of the photographic, or cold type process. Stated simply, photopositive film replaced the metal slugs of type. Initially, perforated tape was used to operate the phototypesetting machines. Some machines accepted only justified tape" while others, with their own built-in compu ter, could process unjustified tape. In either case the result was the same; the phototypesetter would interpret the tape and a photographic picture of the story on a long strip of photosensitive paper would emerge , This strip of paper, the width of a column of type, was then pasted down on a sheet the size of a page and when the page was completed, it was photographed and the nega tive was processed to produce a plate for the presses. Improvements on this process led to equipment with its own keyboards which could electronically produce type faces of different sizes and fonts. While this eq uipment bypassed the need for perforated tape, it was still operated by lTU printers and thus re-keyboarding was still required .

Clearly , the TTS machine and later the cold type process represented a major revolution in the composing of newspapers. The resulting increase in the speed of typesetting permitted broader and more current news coverage.

However, both processes still required re-keyboarding of all locally generated news, editorial and aga te advertising matter in the composing room . Thus, although the new processes were much faster, the phototypesetting equipment and TTS keyboard were still operated by lTU printers. The result was that news coverage expanded and became more timely, thus meeting the competitive pressures of television. In most cases, the number of ITU composing room employees necessary to produce the product diminished somewhat, except in certain major metropolitan markets where the power of the union maintained an artificially high num ber of workers via make work rules. Even where manpower was reduced, however, the remaining work was in the compositor's jurisdiction.

10

I

n the last S to 6 years, compu ter tech no logy , as a p p lied to news paper prod uction, took another giant step forward and it is this step which has had the greatest impact upon labo r relat ions in the ind us try.

With the advent of scanners and relatively inexpensive video display terminals (VDT's), the need for re-keyboarding by ITU printers has disappeared. Now stories or other matter can be dcveloped and typed in the newsroom or advertising department, and fed through a scanner connected to a central computer where the computer instructs the phototypesetting machine to produce a picture of the story in column widths. Similarly, a story may be typed on a VDT, a typewriter keyboard which electronically prints the lines of type on an attached video screen. Once the story is completed, it can be directly transmitted to the computer memory system, from which it can be recalled on other terminals for electronic editing. The edited story is then stored in the computer memory until it is needed. A simple command to the computer results in the automated phototypesetting of the story, which is then ready to be pasted on the proper page dummy.

The above process represents the state of the art as it exists today. However, the newspaper industry and the companies supplying the technology are already discussing pagination, a procedure by which an entire page can be put together electronically on a VDT. Once the page is completed , a phototypesetting machine would then prod uce a photoposit ive picture of the entire page, eliminating the current need for ITU printers to paste the columns of phototype on a page dummy. y eliminating the need for rekeyboarding on either the slow Linotype or faster TTS machines, the new electronic technology has eliminated the need for a substantial portion of the ITU printers in daily newspapers throughout the country.

However, the new technology has also given rise to jurisdictional dispu tes, as the ITU has jealously guarded its historical right to perform the keystroking necessary to produce type. Since this keyst roking is now the original keystroking by the reporter "typing" his story on a VDT or preparing scanner ready copy , an obvious conflict exists.

To date, most major metrop olitan da ily newspapers have resolved this conflict by following a similar approach .

Stated simply, most newspapers have protected the jobs of the ITU printers employed as of a specific cutoff date

Courtesy of WT AE- TV 4

while also protecting the right not to replace those employees who leave the work force as a result of attrition. In return, the newspapers obtained the right to use the new technology, eliminating the need for re-keystroking on virtually all of the printed matter which appears in the newspapers. Because most composing rooms therefore have an excess of ITU printers who are no longer needed, most agreements also have mandatory age 6S retirement provisions as well as various early retirement and other term ina tion incentive programs . 3 While the effectiveness of this approach is still being questioned both by newspaper management and the militant element of the lTU, it has for the time being preven ted a labor relations confronta tion from which neither side would emerge the winner.

r

or those who watch the 6 , 7 or 1 I o'clock news on television, the most obvious example of recent advances in electronic technology is the MiniCam or RapidCam_ This equipment , known as ENG (Electronic Newsgathering) in the television induslry , replaces the traditional use of film or sound on film equipment for recording news events which are subsequently aired on television. The significa nt advantages which ENG offers over film can be classified under the heading of speed. Not only can ENG record on videotape in the field, thus eliminating 3.

The impact of recent legislation raising the mandatory retirement age from 65 to 70 will unquestionably deprive these newspapers of a significant part of the consideration which they received in return for long term job guarantees.

Courtesy of WIlC-TV 11

the time required to develop film, but as the frequent television news viewer is aware , ENG cameras in conjunction with microwave equipment can transmit live events directly back to the studio where they can either be recorded on videotape or aired directly_ Thus, ENG permits television news to air the latest breaking stories as they occur, a capability which is essential in this highly _competitive industry_ ENG offers television news essentially the same benefits as the new electronic typesetting technology provides to newspapers. It also has resulted in similar labor relations problems, although on a significantly red uced scale .

Jurisdictional disputes have arisen between technical employees and news photographers over the opera tion of the ENG equipment, as most IBEW and N ABET contracts include operation of electronic equipment under their jurisdiction while excluding sound on film camerils. These disputes have alternately been resolved under the appropria te National Labor Relations Board procedures,4 through binding arbitration or through collective bargaining with some resultant strikes. In other circumstances where no jurisdictional dispute exists, the manning of the ENG equipment has resulted in confronta tions and strikes. Since ENG equipment does not require as many employees to operate as the sound on film equipment which preceded it, most television stations have sought to eliminate positions from their spot news crews. While everything from

job guarantees for existing employees to layoffs have been negotiated, this difficult issue has not been finally resolved and its path is strewn with a number of difficult labor disputes. s

A

second and even more recent application of computer technology to the operation of television stations involves the total au tomation of the continuity switching function. The sta ndard method of operation which is still being used by many television stations is to accomplish onthe-air switching, such as switching from network or local programs to sta tion breaks and from commercial to commercial within breaks, through a control room manned by employees. Frequently, the control room would be manned by one or two technicians (audio and video), an announcer and a director or associate director. Based upon the program log and the actual programming on the air, the director would tell the technicians when to switch from one video and/or audio source to another, and when to speak if the commercial script called for announcing over video.

While the above procedure worked adequately, these employees had little to do betw een local station breaks which occur on the half-hour and hour during network programming. For this reason, different options were explored to eliminate this unproductive time. The result, which is currently being intro-

5.

4.

See, Section IO(k) of the Labor Management Relations Act, as amended_

0 ne of the principal issues in the recent 5 month strike by NABET against ABC involved management flexibility in the use of ENG equipment.

duced into a number of television stations, is automated switching controlled by a central compu ter. To achieve the benefits of automated switching, eq uipmen t had to be developed which would automatically run pre-recorded commercials in the proper sequence. A number of firms met this challenge by developing "cart" machines which would play pre-recorded videotape cassettes or cartridges in the order designated. This permitted the director, announcer and technicians to preproduce and record the commercials rather than produce them "live" each time the commercial was scheduled to air . Once "cart" machines were developed, the next step was to develop a compu ter to start and stop those machines and switch among other video sources au tomatically. This, too, has been accomplished so that each day's programming log also becomes the computer program for that day. Once this log has been reduced to computer language, the computer has all the information and timings needed to perform all of the switching between programs and commercials for periods of time up to an entire day.

The central switching computer has eliminated the need to have a control room manned by a director, announcer and technicians throughout the broadcast day. Most stations operating with such equipment have eliminated all but one employee in the control room and his function is primarily to monitor the equipment and take temporary manual control in the event of a computer malfunction. As could be expected, this reduction in staff has also met with opposition from the unions representing the affected employees. Furthermore, jurisdictional dispu tes have arisen between the various unions over whether a director or technician should be assigned to monitor the computer and take control in the event of failures .

L

ike the problems caused by the electronic typesetting process in the newspaper industry and the in trod uction of ENG in television, the labor disputes which have resulted from the introduction of computer au torna ted switching are ultimately being resolved through the process of arbitration and negotiation. However, the need for increased productivity, which each day is being satisfied by more sophisticated electronic technology, presages cont inuing problems, as the tensions between employees and technology in the print and broadcast media continue to confront labor and management. •

11

TRICOM U ICATIONS ACT:

Or Salvage?

by Terence Mahony and Donald Zeifang

W

hen a thing becomes obsolete in whole or in part, either the obsolete parts should be brought up-to-date, or the whole should be discarded and replaced altogether. To so me extent, the Commurtications Act of 1934 (47 U.S.c. ยง I et. seq.) may be obsolete. The question then becomes: should only those sections in the statute that are clearly obsolete be modernized and enlarged upon to accommodate the new technologies, or should the entire statute be ree xa mined and possibly revised to incorporate new concepts for regulating existing technologies as well , notwithstanding that some of these regulatory concepts are still sound and do not require change.

The Communications Act of 1934 created the Federal Communications Com m ission with authority to regulate "interstate and foreign commerce in communication by wire and radio."l At the time of enactment, radio was becoming a force in America; television was little more than a labora tory experiment but was still foreseen as a fu ture partner with radio in the electromagnetic spectrum . This enabling statute, as amended, also established a system of licensing broadcast stations for a fixed term, while each subsequent renewal of license would be contingent upon a showing of adequate service to the local community. The record clearly shows that these core concepts have worked effectively to give the American public the world's finest informa tion and entertainment system. There is no need to change this basic regulatory sc heme.

At the same time, cable systems, satellites, fiberoptics, and the like, were simply nonexistent when this statute was enacted. Clearly then, the 1934 Act needs some changes and additions to accommodate the many new communications technologies that developed after tha t time , and to prepare as best as possible for the emergence of other foreseeable technologies .

1.

47 V.S.c. ยง1.

12

H

owever, despite the unprecedented success of radio and television , a small group of Congressional staffers is prepared to set in motion a legisla tive process that could eventually dismantle America's great broadcasting system. In recent months, a Communications Subcommittee of the U.S. House of Representatives commenced a grand examina tion of the entire Communications Act with a view toward making changes where necessary. The provisions that affect broadcasting are not exempt from this process. The Subcommittee justifies this action on grounds that piece-meal amendments to the statute in the past to keep pace with changed circumstances have not been successful. With particular respect to broadcasting the Subcommittee believes that Congress has paid greater attention to other regulated communications industries than to broadcasting, that this neglect has caused the courts and the FCC to step into the breach and make broadcast law, and that it is time for Congress to reassert its proper legislat ive role and give serious consideration to revising the broadcast regulatory framework.

The first stage of this rewrite process has been completed. Last year, Subcommittee staffers submitted an "option" paper that set forth a wide range of choices for legisla tive action. The broadcast options paper mysteriously ignored any discussion of the high quality service tha t radio and televi sion licensees are furnishing the public today. Instead , this option paper assumed that the present system of regulation is unacceptable and that radical change may be necessary.

The broadcast options paper suggests that the goal of localism contemplated in the Co mmunications Act has not been achieved under the present television system and may not even be a worthwhile goal for national communications policy. Radio is ignored here , apparently because the Subcommittee recognizes that the large number of radio stations on the air with their great diversity of program formats provides adequate local service.

The Subcommittee contention that television stations have failed to provide

adequate programming service to their local communities is simply not correct.

Our system is based on a structure of local and area television stations. This system provides a mixture of local, area, and national programming as well as a mixture of entertainment, news, information, public affairs, and other programming specially fitted to the needs and interests of the local community.

Furthermore, this programming is available to all persons living in urban, suburban, and rural America, to rich and poor alike withou t paymen t of a fee. No other communications system can perform the same functions for as many people. The options paper has failed to recognize the unique service provided by each local television station .

A

s an alternative to the current system of broad cast licensing, the options paper proposes radical regulatory choices that are inimical to the presen t commercial broadcasting system; these are the "lease option," "public utility option," and "access or quaSi-common carrier option ."

The "lease option" proposes that each broadcaster would rent part of the spec trum for a fixed term. The paper also suggests that each lessee could be chosen by lottery or by means of an auction whereby competing applicants would offer bids. Th is alternative would permit grea ter government intrusion in to the affairs of each broadcaster at the same time that quality service to the public would dwindle. Each lessee would face the distinct possibility that he would lose his frequency, by lot or auction, at the expira tion of his fixed term.

His record of performance, no matter how impressive, would carry no weight.

These circumstances would create a disincentive for invest ment in news, public affairs, informational, and other programming of interest to the local community. Simply stated, this option presents a formula for I) more government control of programming and/or 2) diminution of service to each community. Neither prospect will serve the public interest.

The "public utility option" simply states that, since each broadcaster has monopoly control over his assigned frequency, each broadcaster could be regulated like a public utility. Thus, a rate of return would be established and tightly controlled by the government.

One might wonder whether the Subcommittee would seriously consider this option, since a discussion of the subject is confined to one short paragraph in this voluminous options paper. Suffice it to say that this option, at the very least, is repulsive to the First Amend ment rights of free speech since it would create impermissible government controls over program decisions and program content.

The "access or quasi-common carrier option" would also offend the First Amendment since it is intended "to insure that a broadcaster meets his obligation to provide an outlet for local expression"? In essence, the broadcast day of each station would be divided into two discrete parts - in one part, each broadcast station would be treated as a common carrier with no control over programming, and during which the public would have equal right of access; in the other part, the broadcaster would assume full control of programming content without risk of Fai.rness Doctrine or equal time complaints. This option points up the unequal First Amendment treatment accorded the print mcdia in contrast to the electronic media. Newspapers may report or refuse to report any story they wish ; they may accept or reject any material in their editorial discretion . Broadcast licensees do not now enjoy these same constitutional freedoms. This common carrier option would only further infringe upon these freedoms. Moreover, it would be a short step from quasi-common carrier sta tus to full comm on carrier sta tus and then to full government control of program content. Furthermore, this option would only cause reduced broadcaster interest in public affairs, reduced community involvement , increased opportunity for inflammatory rhetoric and great confusion among the viewing public.

espite the broadcasting industry'S opposition to these radical legislative proposals as totally inconsistent with the best interests of the public, there are some changes that must be made so tha t broadcast licensees may improve upon their local service.

2.

House Communications Subcomm illee Option Paper on Broadcasting, at p.56 .

At the present time, the FCC regulates the broadcast industry in a way no other regulated industry is treated, by requiring each broadcast licensee to seek renewal of license every three years.

Other licensed and regulated industries enjoy much longer license terms. The FCC will grant a renewal of license if it finds that the "public interest, convenience) and necessity will be served thereby". Stated another way, an acceptable standa rd of performance for each broadcast licensee is determined by evalua ting its service to the local community. This is a vague standard that could lead to inconsistent and uneven decisions at the FCC and irreparable harm to the licensee. Accordingly, there is good cause to amend these sections.

The term of broadcast license should be lengthened substantially so that each licensee will have adequate time and opportunity to develop and maintain a program of full service to its commu nity.

Furthermore, clear and definitive standards of performance should be added to the sta tute so that each licensee will be able to reasonably determine what is expected in order to secure renewal of license. The public will benefit because enactment of these statutory proposals will result in a higher quality of broadcast service to the community.

As earlier mentioned, the Fairness 4 Doctrine constitutes an unfair limitation of the First Amendment free speech rights of broadcasters. The doctrine requires that a broadcast licensee provide opportunities for the presentation of contrasting views on controversial issues of public importance. Instead of promoting debate on controversial issues, the Fairness Doctrine has had a chilling effect on broadcast journalism.

It has caused broadcasters to think carefully before airing public issues and inviting costly complaints. The rationale for the Fairness Doctrine, the scarcity of frequencies, never made sense and seems totally unfounded today since there are fivefold the number of broad cast sta tions (9000) as daily newspapers (1700) . Yet newspapers enjoy full First Amendment freedoms; an attempt to control newspaper content by means of a right of reply, a kind of fairness doctrine, was declared unconstitutional by the Supreme Court. 5 Five years earlier, the Supreme Court did trecisely the opposite to broadcasters . It is time forthe Congress to restore

3.

4.

5.

6.

47 U.S.C . §307(d).

47 U.S.C. §315(a), th e last sentence.

Miami Herald Publishing Co. v. Tornillo, 418 U.S. 241 (1974).

Red Lion Broadcasting Co. v. FCC, 395 U.S. 367 (1969).

full constitutional rights to broadcasters by repealing the statutory Fairness Doctrine .

L

ike the Fairness Doctrine the equal time provision infringes upon the broadcaster's right to make independent programming judgments. The primary purpose of this section was to assure fairness of treatment and frequency of debate among legally qualified candidates for public office. The section has not accomplished its purpose. By providing fringe candidates the same opportunities as leading candidates, Section 315 has inhibited the extension of free broadcast time to these leading candidates. Thus the voters are less informed about the candidates and the issues. To some extent, the FCC has rethe broadcaster's obligations laxed under Section 315. 8 However, the most effective way to promote an informed electora te and restore the legitimate const it u tio nal righ ts of broadcasters is to totally repeal Section 315.

There are many areas of this nation where it is virtually impossi ble to receive local radio service after sundown if the listener has no FM tuner. Furthermore there are numerous instances where FM radio has been the only local service during emergency situations. Ten years ago, the Congress decided that all television sets would be required to have both UHF and VHF channels. The public benefited from the additional program choices offered at little or no additional cost. The public will experience the same benefits if Congress enacts legislation req uiring rad io manufacturers to equip all its sets with AM-FM tuners.

B

adical surgery of the broadcast regulatory framework such as that suggested by some Congressional staffers is unfair, unnecessary, and will not serve the public interest. However, some statutory changes are necessary to promote even better broadcasting service to American communities and to restore full constitutional rights to broadcasters. The public will be the primary beneficiary of these actions.

• 7.

8.

47 U.S.C. §314.

Aspen Institute Program on Communications and Society, 55 FCC 2d 697 (I 97 5) , where the FCC rules that broadcast political debates would be exempt from equal time challenges by excluded candidates if the broadcast lic ensee does not control program content. This decision paved the way for the 1976 presi· dential and vice presidential debates on nationwide television .

13

AMorAM/F 9•

essay:

by David Barrett

s

hould the United States Congress order radio manufacturers to include FM capacity on all radios? That question has been before the Congress for several years, and legislation has again been introduced . The issue on first consideration appears a simple one. But philosophical questions about Congressional action and economic questions about possible lost jobs make it a complex problem and a hotly contested political controversy .

The reasons behind the proposal are substantial. If the number of FM receivers is increased, the number and quality of FM broadcasting facilities will also increase. Owners of FM stations have an obvious interest in the bill, but they are joined by others who believe that an incremental rise in the number of available broadcast facilities would encourage healthy competition as well as increased varieties of programming from which the consumer listener could make his choice.

I

ven with the increase in FM radios over the past ten years, a substantial number of radio listeners do not have access to FM signals. There are several reasons for this. A person's radio simply may not have FM capability, or the area in which the listener lives does not have FM service because FM stations have not been economically viable in that region. It is the classic chicken and egg situation.

FM stations cannot get the listeners they need because the listeners do not have FM receivers. The listeners do not have the incentive to purchase the FM capability in their radios because there are not any FM broadcasters or, in any event, the kind of FM broadcasting quality that justifies the expenditure of additional money to purchase the FM capability. To break this cycle, the advocates want Congress to step in . If all radios have FM receivers, can the FM broadcasters be far behind?

The history of All-Channel Radio Legislation goes back to 1968 and legislation introduced by former Senator Moss. In 1974 the bill was passed in the United States Senate by a 44-42 margin. This bill gave the Federal Communications Commission the authority to require by rule that all radio receivers

14

valued at $15.00 or more have both FM and AM capabilities. In the House of Representatives, a similar bill was approved by the Commerce Committee, but failed to clear the House Rules Committee late in the legislative session .

Once again, the proposal has been revived. Introduced by Representative Joseph Addabbo (D-N.Y .), the legislation would amend Section 303 of the Communications Act to require that all radios sold in the United States have both AM and FM capability. Because of the volume of Congressional business , the bill is not given a likely chance of passage. Nevertheless, it is clear that the idea and the reasons behind the proposed legislation will not go away, and sooner or later both houses of Congress will have to face up to it.

t

~t

t" t

ecause of the importa nce of the automobile radio audience, it was perhaps inevitable that the question of encouraging additional FM broadcasting found itself in the area of the radio pricing policies of automobile manufacturers. It is indicated that automobile manufacturers have found radios to be a highly profit·· able option when sold with the automobile.

Within the controversy, supporters of All-Channel legislation have focused particularly on automobile radios' "drive-time audience." The auto-borne listening public constitutes a substantial percentage of the total radio audience . If all au tomobile radios had an FM receiver along with its AM capacity, it would grea tty encourage the increased utilization of FM frequencies. Although the issue is one of radio freq uencies and government policy, the congressional committees found by necessity an interest in possible anti-competitive practices in the sale and pricing of automobile radios. This concern for P9ssible questions of competitive practices which might be unfair to consumers, also raised the question of the effect on small radio companies generally involved in the aftermarket of automobile radio sales. The question of whether pricing policies are collusive, or anticompetitive, and the possible adverse effect upon the small rad io business, its advertisers and the listening public has become a concern of the legislators considering the question.

I

f Congress does order the inclusion of FM receiver facilities in all radios, is this an improper intrusion into the decisionmaking process of the individual consumer? Those who believe it is are represented by the comments of several Congressman who considered the question. The following illustrative comment is taken from the 1977 11earings on All-Channel legislation in the House of Representatives.

One Congressman asked, "Aren't you tend ing to underestimate the intelligence 01" the American consumer? Doesn't he know the difference between an AM a nd an AM/FM and an AM/FM stereo in general?" The disagreement will continue.

Having looked at some of the objectives, it is appropria te to consider the overwhelming reasons in favor of AllChannel radio. The Federal Communications Commission is chargcd with the responsibility of making greater use of radio. The available spectrum for radio hroadcast services can and should be used more fully to provide grea ter quality and quantity of programming. The competition between broadcasters will serve the listening public well. With FM capability, all of the public will be given access to the variety and diversity offered by FM broadcasters. The FM broadcasters will receive access to the entire radio audience. It does not appear that the problem, which goes back over thirty years, will be solved withou t this kind of legislation.

It should be the policy of the Congress and the Federal Communications Commission to support legisla tion which will provide the widest diversity of programming service to the broadcast public. Congress was faced with a similar problem when it passed the AllChannel television bill by which UHF capability was joined to VHF capability.

No one today doubts the wisdom of that decision. Educational and non-commercial FM broadcasting will grea tly benefit from such legislation.

T

he lack of universal FM reception capability is a loss both q uantita tively a nd qualitatively for the public. When all broadcasting alternatives are utilized to their fullest potential, the ultimate beneficiary wiLl be the public. All-Channel legislation is an idea whose time has come . •

I

STUDENT ORGANIZATIONS 1978-79

Editorial Board Members: (left to right) Mary Lynne Schwartz, Layout Editor; Joseph F. Messina, Assistant Editor; Robert Taylor, Editor-inChief; Marc Abrams, Associate Editor; Mark Zimmer, Assistant Editor; Sharon Profeta, Associate Editor. (Not Pictured) John Fraraccio, Features Editor; William J. McCabe and Gino F. Peluso, News Editors .

SBA

Officers: (left to right) Norma Caquatto, Evening Vice-President; Joseph Popiden , Day Vice-President; Kenneth Steinberg. President; Virginia Shuey, Secretary; Joseph F . Messina, Treasurer.

Officers: (seated, left to right) Elyse McFetridge, Clerk; Stan Beck, Treasurer; Pamela Bailey, Marshall; (standing, left to right) Richard Schubert, Vice-Justice; Howard SchuJberg, Justice.

late Moot Court

Order of the Barrister Award Winners: (Bottom) Norma Caquatto. Barbara Cymerman, C. H. Bender; (Top) Marc Abrams, Kenneth Steinberg, Elaine Preston. (Not Pictured) Robert Marino .

Editorial Board Members: (seated, left to right) Anthony Krastek, Executive Comments Editor; Arthur Asti, Executive Managing Editor; Larry Baldasare, Executive Recent Decisions Editor; (standing): Vicki Thompson, Editor-in-Chief. (Not Pictured) Robert Devlin, Executive Articles Editor.

HE

Dean's Note The academic year 1977-1978 is a momentous one not only because it is the centennial year of the University, but also because it represents the Law School's maiden effort at serious fund raising. The University is supporting the Law School's drive to raise 3.2 million dollars for a new Law School facility.

A substantial portion of this money will have to come from the major foundations (private and corporate) located in Pittsburgh. However, the success of this drive will be determined by the support we receive from our alumni and from our friends. Foundations ask abou t the level of giving of the alumni. A substantial commitment by the alumni increases the likelihood of substantial foundation support. Thus, the alumni portion of our drive is critical. Thus far, we have been well received by the foundation community. Fortunately for us, they recognize not only the educational programs at the Law School, but also the quality of service we give to the community as well. I am optimistic our entrea ty will be well received.

This is the first of a series of reports coming on our fund raising efforts. As director of our fund raising efforts, you may rest assured that all within the Duquesne family will be kept well informed.

Ronald R. Davenport

PHI ALPHA DELTA The Phi Alpha Delta Law School Men's basketball team won the Duquesne Intramural championship, ending the long dominance of the undergraduate Shieks and Playboys. Coach Lawrence J. Baldasare took his undefeated team into the playoffs, where the team's record remained unblemished. The team members who brought a trophy to the Law Sch~ol, include Bradley Bassi (3D), Chris Conrad (4E), James Baggett (2D), John Bell (2D), Robert Del Greco (I E), Kenneth Horoho (I D), Robert Lutes (3E), Jerry McDevitt (1 D), Paul Vey (3E) and Daniel Whalen (2D) .

The Shysters, the Women's basketball team of Phi Alpha Delta, played the entire regular season without defeat.

Team members include Karen Balaban (3D), Peggy Duffy (2D), Mary Grealy (3D), Jolene Grubb (3D), Marisa Ha~ns (2D), Rebecca Johnson (I D), Chnstme Mulligan (I D), and Ann Stnckland (3D). Kenneth Horoho coaches the team .

The annual Spring Senior Banquet of Phi Alpha Delta was held on April 7, 1978 at Del's Restaurant. The Law Fraternity honored Professor Carol Mansmann and Common Pleas Court Judge Gerard Bigley. New officers were insta lIed for the 1978-79 academic year.

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ALUMNI AWARD At the annual Alumni Dinner, the "Outstanding Law Alumnus Award" was presented posthumously to James P. McArdle, recognizing his distinguished professional career and service to the Law School. In a future issue, a feature article in Juris will detail McArdle's many outstanding achievements.

PROGRAMS A panel discussion on "Appellate Advocacy" was held in the Moot Court Room on the afternoon of March 21, 1978. The panel consisted of Professor Carol L. Mansmann, Pennsylvania Supreme Court Justice Hon. Louis L. Manderino, and Third Circuit Court of Appeals Judge Hon. Ruggero J. Aldisert.

A panel discussion on "Trying a Criminal Case in Federal Court was held in the Moot Court Room on the afternoon of April II , 1978. The panel consisted of United States District Court Judge Hon. Hubert Tietelbaum, United States Attorney Blair Griffith, and Attorney Thomas Livingston.

A presentation on "The Right of Privacy and Compu ters" was held on March 13, I 978. Susan H. Nycum, a graduate of Duquesne University School of Law and a member of the San Francisco law firm of Chickering and Gregory, was the speaker.

Professor John L. Gedid served as chairperson for the panel discussions and presentation.

ALUMNI DINNER The annual alumni dinner was held on April 20, 1978 at the Pittsburgh Hilton Hotel. The main speaker for the event was Joseph F. Barletta, Vice President and General Manager of the New York Daily News (see cover story).

by James Pocius

PROFESSOR GRAY Kenneth Gray will Jom the Duquesne University School of Law faculty next fall. Professor Gray, a graduate of Harvard Law School, received a master 's degree in Public Administration from Harvard University in 1970.

Professor Gray was engaged in private practice from 1970 to 1972, and was an Assistant Professor of Law at I.I.T. Chicago Kent Law School from 1972 to 1976. Curren tly, Professor Gray is a Visiting Associate Professor at DePaul University Law School.

PROFESSOR CONTI Professor Joy Conti has been selected as one of the six examiners of the State Board of Medical Education and Licensure.

PROFESSOR DICOLA Professor Perry DiCola has been appointed to the National Panel of the American Arbitration ASSOCiation.

NEIGHBORHOOD LEGAL SERVICES CLINIC The structure of the Neighborhood Legal Services Clinic will be altered for the 1978-79 academic year. Irving Baila, Executive Director, has suggested that a one hour per week instructional period be added to the program. Also, the program will be made more flexible by allowing interested stuuents to place special emphasis on problems of the aged.

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