Re: BBI a scam? Who knows. (Re: A look back at Bob Bennett)

["A. Joseph Ross" <lawyer@attorneyross.com>]

On 2 Mar 2003 at 13:39, Peter Q. George wrote:

> However, the FCC rules (during that time) clearly
> forbid the cross-ownership of an AM/FM and TV station
> in the same market as a co-owned daily newspaper (The
> Boston Herald-Traveler).  Apparently, WHDH-TV never
> had a full-term operating license for that reason. 
> Wining and dining an FCC commissioner, (that famous
> "lunch") to secure a full license renewal, was a BIG
> "no-no"!  It didn't work!  

I believe they did have a full-term license originally, but it was later set aside.  And they didn't 
wine and dine an FCC commissioner.  The head of the Herald-Traveler Corporation had lunch 
at a restaurant with one FCC commissioner.  I don't recall if it was ever said who paid the 
check.  They supposedly didn't discuss the license at all.  It happened, however, at a time 
when the WHDH application for Channel 5 was pending before the Commission.

I'm not quite sure when the FCC policy against newspapers owning TV stations in the same 
city was adopted, but I'm quite sure it wasn't until after the WHDH-TV channel award was set 
aside.  In fact, it was during the late 1960s that the Globe became a partner in Kaiser-Globe 
Broadcasting, which owned Channel 56, WCAS, and WJIB (FM).

To some people it may seem strange that this was enough to set aside a settled license 
award.  It certainly wasn't in the same league as the law violations attributed to RKO 
General.  I've long thought the entire thing was political.  The Boston Herald-Traveler was the 
newspaper voice of the Republican Party in Massachusetts. It was awarded the license by 
an Eisenhower-appointed FCC.  The main opponent of the Herald-Traveler having a TV 
license was the Globe, a liberal-Democratic paper with ties to the Kennedys.  The license 
was set aside by the FCC when Kennedy was President.  The administrative proceedings 
continued through the Johnson Administration. I believe the award was made to Boston 
Broadcasters in 1969, but it was probably before Nixon had appointed a majority of the 
commissioners.  

After that, the administrative process was over.  The Courts are less partisan, and in any 
event at that time consisted of judges appointed by Roosevelt, Truman, Eisenhower, 
Kennedy, and Johnson.  Mostly the last two.  The standards for judicial overturning of an 
administrative ruling are narrow, designed to respect the jurisdiction of the agency.  The 
courts must find a legal error in the proceedings.  By the time Nixon came along, it was too 
late to save the Herald-Traveler's license.

-- 
A. Joseph Ross, J.D.                           617.367.0468
 15 Court Square, Suite 210                 lawyer@attorneyross.com
Boston, MA 02108-2503           	         http://www.attorneyross.com