Appendix — Federal Communications Commission v. National Citizens Committee for Broadcasting

Supreme Court, U. >

F I L

NOV 17 19!"

APPENDIX ‘ “JR. CLERK

IN THE

SUPREME COURT OF THE UNITED STATES

OCTOBER TERM, 1977

Nos. 76-1471, 76-1' 91, 76-1595,

76-1604, 76-1624, 76-1685

FEDERAL COMMUNICATIONS COMMISSION;

CHANNEL Two TELEVISION COMPANY, et al:

NATIONAL ASSOCIATION OF BROADCASTERS:

AMERICAN NEWSPAPER PUBLISHERS ASSOCIATION;

ILLINOIS BROADCASTING COMPANY, INC.; and

Post COMPANY, et al,

Petitio ners,

NATIONAL CITIZENS COMMITTEE FOR BROADCASTING.

FEDERAL COMMUNICATIONS COMMISSION. and

UNITED STATES OF AMERICA,

Respondents.

ON WRITS OF CERTIORARI TO THE

UNITED STATES COURT OF APPEALS FOR

THE DISTRICT OF COLUMBIA CIRCUIT

Volume II — Pages 445-742

EXHIBITS

Washington, O.C. + THIEL PRESS - (202) 638.452)

PETITIONS FOR WRITS OF CERTIORARI FILED

April 22, 1977; May 2, 1977; May 13, 1977;

May 16, 1977; May 20, 1977; and May 27, !977;

CERTIORARI GRANTED OCTOBER 3, 1977

ow rey

(1)

TABLE OF CONTENTS

VOLUME II — EXHIBITS

LEGAL OPINION OF FCC GENERAL COUNSEL

HAMPSON GARY SUBMITTED TO THE

SENATE INTERSTATE COMMERCE

COMMITTEE, January 25, 1937) ... 2.2.2 eee eee

M.H. SEIDEN & ASSOCIATES, INC., “MASS

COMMUNICATIONS IN THE UNITED STATES —

1970,” SUMMARY VOLUME (1971) (RESEARCH

CONDUCTED ON BEHALF OF THE NATIONAL

ASSOCIATION OF BROADCASTERS) ..........

ANDERSON, “BROADCAST STATIONS AND

NEWSPAPERS: THE PROBLEM OF INFORMA-

TION CONTROL: A CONTENT ANALYSIS OF

LOCAL NEWS PRESENTATIONS” (1971)

(NAB EXHIBIT E), pp. 1-46..................

COMMENTS OF NAB (1971), pp. 11-24; 59-63 ......

STERLING, “OWNERSHIP CHARACTERISTICS

OF BROADCASTING STATIONS AND NEWS-

PAPERS IN THE TOP 100 MARKETS: 1922-

1967” (March 5, 1971) (NAB Exhibit C),

WR BE hh ceseceweseceescoscceccesesceeess

ROBBINS, “A STUDY OF PIONEER AM RADIO

STATIONS AND PIONEER TELEVISION STA-

TIONS” (April 1971) (NAB Exhibit D), pp. 1-21 ....

COMMENTS OF ANPA (April 2, 1971), pp. 54-58 ....

COMMENTS OF THE HOUSTON POST COMPANY,

CHANNEL TWO TELEVISION COMPANY, AND

KPRC RADIO COMPANY (May 17, 1971),

PU TEE Cec eceeneeseehesscceeebecsesee

COMMENTS OF A.H. BELO CORPORATION

See Beg SOPE DO ccceecccnccccnscecces

Page

(12)

COMMENTS OF THE WASHINGTON POST Page

COMPANY AND POST-NEWSWEEK STA-

TIONS, CAPITOL AREA, INC. (May 17, 1971),

732

POS Se ee Eee Te ee eee ee TTT eC Tee

COMMENTS OF THE PULITZER PUBLISHING

YO OO cc cine hb edwaines 734

445

|Legal Opinion of FCC General Counsel

Hampson Gary Submitted to Senate In-

terstate Commerce Committee]

January 25, 1937

MEMORANDUM TO THE COMMISSION:

OPINION OF THE GENERAL COUNSEL

In response to request of the Chairman of the

Commission.

I.

HAS THE COMMISSION AUTHORITY, AT THE

PRESENT TIME, TO DENY AN APPLICATION

OF A NEWSPAPER FOR RADIO FACILITIES, ON

THE GROUND THAT IT IS AGAINST PUBLIC

POLICY.

The question presented is whether the Commission

may deny an application of a newspaper for a license on

the ground that it is against “public policy.” The specific

standard, or guide, provided by Congress in the Commu-

nications Act of 1934 is whether or not the granting of

an application for license is “in the public interest, con-

venience or necessity.” It must be determined at the out-

set, therefore, whether there is a difference between the

term “public policy” and the standard of “public inter-

est, convenience and necessity.” We think the two may

be distinguished. “Public policy” has been defined as:

“that principle of law which holds that no one can

lawfully do that which has a tendency to be injuri-

ous to the public or against the public good.”

446

(Spalding v. Maillet, 188 P. 377; Georgia Fruit Exchange

v. Turnipseed, 62 So. 542.)

In the sense of the definition given, it might be said

that “public policy” is synonymous with “public inter-

est.” However, as was said in Weeks v. New York Life

Insurance Company, 122 S.E. 586,

“Public policy imports something that is uncertain,

fluctuating, varying with the changing economic

needs, social customs and moral aspirations of the

people. A state has no public policy cognizable by

the courts which is not derivable by clear implica-

tion from established law as found in its Constitu-

tion, statutes, and judicial decisions.”

Again, in Georgia Fruit Exchange v. Turntpseed, supra,

p. 544, the court said:

“Public policy is broader than the mere terms of the

statute or statutes and embraces their general pur-

pose and spirit.”

See also Smith v. San Francisco & N. P. R. Co., 47

Pacific 582, 589, where the phrase is defined as follows:

“Public policy is a term of vague and uncertain

meaning, which it pertains to the law-making body

to define, and courts are apt to encroach on the

domain of that branch of government if they charac-

terize a transaction as invalid because it is contrary

to public policy, unless the transaction contravenes

some positive statute or some well-established rule

of law. * * *”

As was pointed out in Rast v. Van Deman & Lewis,

240 U.S. 342, 357:

“It is the duty and function of the legislature to dis-

cern and correct evils, and by evils we do not mean

some definite injury but obstacles to a greater public

welfare.” (italics supplied)

447

This case is cited many times in other decisions, and

we believe it is authority for the conclusion that a deter-

mination of “public policy” is the function of the legis-

lature. Although it may be stated that the Federal Com-

communications Commission is an arm of the Congress,

or the agent of that legislative body, yet it is equally true

that the Commission possesses only those powers specifi-

cally delegated to it by statute. (Federal Radio Commis-

ston v. Nelson Bros. Bond & Mortgage Co., 289 U.S.

285).

From the above it would appear that “public policy”

is a broader and in some aspects, a different term than

“public interest.” and that the determination of “public

policy” is a function of Congress.

Since the Congress has delegated to the Commission

the power to determine whether a grant of an application

in any case will serve the “public interest” this is the only

standard the Commission can apply, and our inquiry is

limited to whether such standard furnishes authority

to deny applications from newspapers. We do not mean

to infer from the above that the Commission, in apply-

ing the standard of “public interest, convenience or

necessity” to a given set of facts may not consider as a

factor that the applicant before it owns or controls a

newspaper.

The Supreme Court, in Federal Radio Commission v.

Nelson Bros. Bond and Mortgage Company, supra, has

defined the standard and indicated some of the limita-

tions upon the power of the Commission:

“In granting licenses the Commission is required to

act as public convenience, interest or necessity

requiresa This criterion is not to be interpreted as

setting up a standard so indefinite as to confer as

unlimited power. Compare N.Y. Central Securities

448

Co. v. United States. 287 U.S. 12, 24. The require-

ment is to be interpreted by its context, by the

nature of radio transmission and reception, by the

scope, character and quality of services, and, where

an equitable adjustment between States is in view,

by the relative advantages in service which will be

enjoyed by the public through the distribution of

facilities.”

See also the following language in N.Y. Central Securt-

ties Co. v. United States, 287 U.S. 24:

“Appellant insists that the delegation of authority

to the Commission is invalid because the stated cri-

terion is uncertain. That criterion is the ‘public

interest.’ It is a mistaken assumption that this is a

mere general reference to public welfare without

any standard to guide determinations. The purpose

of the Act, the requirements it imposes, and the

context of the provision in question show the

contrary.”

It should be observed that the application of this

standard by the Commission is subject to judicial review

under Section 402(b) of the Act. Upon appeal from deci-

sions of the Commission the court will examine the deci-

sion for the purpose of determining whether the

Commission has stayed within the power thus delegated

and therefore its decision was not arbitrary or capricious.

“A finding without substantial evidence to support

it—an arbitrary or capricious finding—does violence

to the law. It is without the sanction of the author-

ity conferred. And an inquiry into the facts before

the Commission, in order to ascertain whether its

findings are thus vitiated, belongs to the judicial pro-

vince and does not trench upon, or involve the exer-

cise of, administrative authority.” Nelson Bros. case,

supra, p. 277.

449

In my opinion, therefore, the Commission does not

have the authority, under the existing law and in the

absence of an expression of public policy on the subject

by the Congress, to deny an application to a newspaper

owner for radio facilities solely upon the ground that the

granting of such an application would be against public

policy. It is clear, however, that the Commission has the

duty of examining the facts in each particular case to

determine whether the granting of an application will

serve “public interest, convenience or necessity.” One

fact among others to be considered by the Commission,

is the business connections of the applicant, newspaper or

other, and in my opinion the Commission has the power

to refuse a license to a newspaper owner if upon all the

facts before it in a given case the Commission is unable to

find that the granting of such an application would serve

public interest, convenience, or necessity.

WHETHER LEGISLATION COULD BE PASSED

DENYING THE RIGHT OF NEWSPAPERS TO

OBTAIN BROADCASTING LICENSES IN THE

FUTURE AND REQUIRING THEM TO DIVEST

THEMSELVES OF EXISTING RIGHTS IN

BROADCAST STATIONS WITHIN A REASON-

ABLE TIME.

It is well settled that all radio broadcasting is within

the regulatory power of Congress under the Commerce

Clause of the Constitution (American Bond & Mortgage

Company v. United States, 52 F. (2d) 318; Federal Radio

Commission v. Nelson Bros. Bond & Mortgage Co., 289

U.S. 267). This power is “supreme and plenary”

(Minnesota Rate Cases, 231 U.S. 352, 398); is “complete

in itself, and may be exercised to its utmost extent, and

acknowledges no limitations, other than those prescribed

450

in the Constitution.” (Gibbons v. Ogden, 9 Wheat. 1,

196). And the power to regulate includes the power to

prohibit (The Lottery Cases, 188 U.S. 321).

It should be determined at the outset whether there

exist any constitutional limitations upon the power of

Congress to regulate interstate and foreign commerce. It

would appear that if such limitations exist they may be

found in the First or Fifth Amendments to the

Constitution.

The portions of the First Amendment which need be

examined in connection with the legislation proposed are

as follows: “Congress shall make no law * * * abridging

the freedom of speech, or of the press * * *.” It is sub-

mitted that legislation such as that proposed would con-

stitute no abridgment of freedom of speech or of the

press since ownership or control of a radio broadcast sta-

tion is not essential to the right to speak or the dissemina-

tion of news, and the owning or controlling of a broad-

cast station as a business has nothing to do with the

freedom of speech or of the press as such, because the

newspaper would still have the same right to communi-

cate by printing or broadcasting, which is enjoyed by any

other person or class.

This is demonstrated by the following language from

the case of Trinity Methodist Church, South v. Federal

Radio Commission, 62 Fed. (2d) 850, 853, in which the

court affirmed a decision of the Commission refusing to

renew the applicant’s broadcast license:

“This is neither censorship nor previous restraint,

nor is it a whittling away of the rights guaranteed

by the First Amendment, or an impairment of their

free exercise. Appellant may continue to indulge his

strictures upon the characters of men in public

office. He may just as freely as ever criticize reli-

ite.

451

gious practices of which he does not approve. * * *

but he may not, as we think, demand, of right, the

continued use of an instrumentality of commerce

for such purposes, or any other, except in subordt-

nation to ail reasonable rules and regulations

Congress, acting through the Commission, may pre-

scribe.” (Italics supplied)

Moreover, the freedom of the press is not abridged by

a reasonable regulation of commerce promulgated by the

Congress under constitutional authority for the protec-

tion of all the people, including the press.

In Toledo Newspaper Co. v. U.S., U.S. 402, 419, Chief

Justice White, speaking for the court, dismissed the argu-

ment that a law providing for the punishment of con-

tempts of court which obstructed justice was an

interference with freedom the press, in the following

language:

“We might well pass the proposition by because

to state it is to answer it, since it involves in its very

statement the contention that the freedom of the

press is the freedom to do wrong with impunity and

implies the rnght to frustrate and defect the dis-

charge of those governmental duties upon the per-

formance of which the freedom of all, including that

of the press, depends.” (Italics supplied)

Chief Justice Fuller, in the case entitled Jn re: Rapier,

143 U.S. 110, 134, said:

“We cannot regard the right to operate a lottery as a

fundamental right infringed by the legislation in

question; nor are we able to see that Congress can be

held, in its enactment, to have abridged the freedom

of the press. The circulation of newspapers is not

prohibited, but the government declines itself to

become an agent in the circulation of printed matter

which it regards as injurious to the people. The free-

452

dom of communication is not abridged within the

intent and meaning of the constitutional provision

unless Congress is absolutely destitute of any dis-

cretion as to what shall or shall not be carried in the

mails, and compelled arbitrarily to assist in the dis-

semination of matters condemned by its judgment,

through the governmental agencies which it con-

trols.”’ (Italics supplied)

Inasmuch as the granting of a license to operate a

broadcast station does not give the licensee any vested

property right (Amencan Bond & Mortgage Company v.

United States, 52 Fed. (2d) 318), (Sections 304 and

309(b) of the Communications Act of 1934) and since

broadcast licenses must be renewed every six months,

each appliation for renewal thereof being considered de

novo, the right to hold or acquire property does not

appear to be involved. For the same reasons the constitu-

tional question presented in considering the power of

Congress to deny newspapers the right to acquire broad-

cast stations in the future is not different from that pre-

sented as to. its power to require them to divest

themselves of the control of such stations within a rea-

sonable time.

That protection of a person or class of persons to

equality under the law exists under the Fifth Amendment

is clearly indicated in the lineof decisions noted herein; In

In the case of U.S. v. Yount, 267 F. 861, the court said,

in discussing the power of Congress to “‘classify”’ as inci-

dental to its power to regulate commerce:

“The ‘due process of law’ by which Congress is

limited in the Fifth Amendement and the states by

the Fourteenth Amendment is equivalent to the ‘law

of the land’ and is intended to protect the citizen

against arbitrary action, and secure to all persons

equal and impartial justice under the law. (Italics

supplied). Davidson v. New Orleans, 96 U.S. 97, 24

ibid x...

453

L. ed. 616; Missouri Pacific Ry. v. Humes, 115 U.S.

512, 6 Sup. Ct. 110, 29 L. ed. 463.

“It seems reasonably clear that the ‘due process of

law’ provision of the Fifth Amendment is broad

enough in its scope and purpose to include the

‘equal protection of the Laws’ which no state may

deny to any person under the provisions of the Four-

teenth Amendment. Leeper v. Texas, 139 U.S. 462,

11 Sup. Ct. 577, 35 L. ed. 225; Giozza v. Tiernan,

148 U.S. 657, 12 Sup. Ct. 721, 37 L. ed. 599.”

in Nebbia v. U.S., 291 U.S. 502, the court observed

(Page 536):

“It is clear that there is no closed class or category

businesses of affected with a public interest, and the

function of courts in the application of the Fifth

and Fourteenth Amendments is to determine in

each case whether circumstances vindicate the chal-

lenged regulation as a reasonable exertion of govern-

mental authority or condemn it as arbitrary or

discriminatory. Chas. Wolff Packing Co. v. Court

of Industrial Relations, 262 U.S. 522, 535, 67 L.

ed. 1103, 1108, 43 S. Ct. 630, 27 A.L.R. 1280.”

In stating that “Classification is allowable under the

provisions of the Constitution” the court in the case of

U.S. v. Yount, supra, cited the case of Gulf Colorado &

Santa Fe Railway v. Ellis, 165 U.S. 150. In this latter

case the court said, at page 165, that the classification

“must always rest upon some difference which bears a

reasonable and just relationship to the act in respect to

which the classification is proposed and can never be

made arbitrarily and without any such basis.”

The above cases indicate that classification is a neces-

sary adjunct to the power to regulate. Since the proposed

legislation would be a regulation of interstate commerce,

454

and since it would discriminate against a class, the precise

question involved is (whether the power of Congress to

make such a regulation ts limited by the due process

clause.

It would appear well settled that Congress, in the exer-

cise of its power to regulate interstate commerce, may

interfere indirectly with private nghts which otherwise

might be protected by the due process clause. In Knox

v. Lee (Legal Tender Cases), 79 U.S. 457, it is said:

‘That provision (due process clause) has always

been understood as referring only to a direct appro-

priation and not to consequential injuries resulting

from the exercise of lawful power. It has never been

supposed to have any bearing upon or to inhibit

laws that indirectly work harm or loss to

individuals.”

See aslo United States v. Joint Traffic Ass’n., 171 U.S.

505; Addyston Pipe & Steel Co. v. United States, 175

U.S. 211; United Bridge Co. v. United States, 204 U.S.

365: Willoughby on Constitutional Law, 2nd Ed. Sections

1225, 1227, Vol. 3, pp. 1857, 1861.

The criterion which must be applied is whether the

legislative action has a reasonable relation to a purpose

which is within Congressional authority. This principle is

enunciated in the case of Lewis Publishing Company v.

Morgan, 229 U.S. 288, wherein the legality of certain con-

ditions imposed by Congress on the eligibility to use

the second class mails was attacked on the ground

that it violated both the First and Fifth Amend-

ments. The court held that Congress by establishing

“second class” postal matter was giving effect to a

policy of favoring a wide spread circulation of newspa-

pers, periodicals, etc., “in the interest of dissemination

of current intelligence.” The criterion applied by the

Court in considering the validity of the legislation is

455

indicated by the following exerpt, page 314, of the

opinion:

“The question therefore is only this, Are the condi-

tions which were exacted incidental to the power

exerted of conferring on the publishers of newspa-

pers, periodicals, etc., the privileges of the second

class classification or are they so beyond the scope

of the exercise of that power as to cause the condi-

tions to be repugnant to the Constitution? We say

this is the question since necessarily if the power

exists to legislate by discriminating in favor of pub-

lishers, the right to exercise that power, carries with

it the authority to do those things which are inci-

dental to the power itself or which are plainly neces-

sary to make effective the principal authority when

exerted. In other words, from this point of view, the

illuminating rule announced in McCulloch v.

Maryland and Gibbons v. Ogden, governs here as it

does in every other case where an exertion of power

under the Constitution comes under consideration.

The ultimate and narrow question therefore is, are

the requirements of the provision in question inci-

dental to the purpose intended to be secured by the

second class classification?”

The court sustained the conditions as being “incidental

and necessary to the complete fruition of the public

policy lying at the foundation of the privileges

accorded.”

Thus, it may be seen that if the proposed legislation

denying newspaper owners the right to own or control a

broadcast station has a reasonable relationship to a pur-

pose which Congress has the power under the commerce

clause to accomplish, then the incidental or indirect

interference with personal liberty is not repugnant to the

First or Fifth Amendments.

456

Further, this test which the Courts may apply as to

whether there ws a reasonable relationship between the

purpose and the means used to accomplish it, must be

clearly distinguished from the question as to the wisdom

of the end sought to be accomplished, or the policy

adopted by Congress, power over which is vested solely

within the legislative branch of the Government.

In the Lottery case, supra, this principle was stated as

follows:

“In determining the character of the regulations to

be adopted, Congress has a large discretion which is

not to be controlled by the courts simply because in

their opinion such regulations may not be the best

or most effective that could be employed.”

This principle is even more clearly stated in the case of

Northern Securities Co. v. United States, 193 U.S. 197,

which involved legislation of much the same class as that

under consideration. The law in question was the provi-

sion of the Sherman Anti-Trust Act which prohibited

“every combination” etc., in “restraint of trade.”’ The

fact that the purpose of the act was to prevent restraints

of trade brought it within the power delegated to

Congress under the Commerce clause, but the objection

was made that it interfered with the “liberty” to contract

which is guaranteed by the Fifth Amendment. The Court

said:

“The means employed in respect of the combina-

tions forbidden by the Anti-Trust Act, and which

Congress deemed germane to the end to be accom-

plished, was to prescribe as a rule for interstate and

international commerce. (Not for domestic com-

merce.) that it should not be vexed by combina-

tions, conspiracies or monopolies which restrain

commerce by destroying or restricting competition.

457

We say that Congress has prescribed such a rule,

because in all the prior cases in this court the Anti-

Trust Act has been construed as forbidding any

combination which by its necessary operation

destroys or restricts free competition among those

engaged in interstate commerce; in other words,

that to destroy or restrict free competition in inter-

state commerce was to restrain such commerce.

Now, can this court say that such a rule is prohib-

ited by the Constitution or is not one that Congress

could appropriately prescribe when exerting its

power under the commerce clause of the Constitu-

tions? Whether the free operation of the normal laws

of competition is a wise and wholesome rule for

trade and commerce is an economic question which

this court need not consider or determine. Undoubt-

edly, there are those who think that the general

business interests and prosperity of the country will

be best promoted if the rule of competition is not

applied. But there are others who believe that sucha

rule is more necessary in these days of enormous

wealth than it ever was in any former period of our

history. Be all this as it may, Congress has, in effect,

recognized the rule of free competition by declaring

illegal every combination or conspiracy in restraint

of interstate and international commerce. As in the

judgment of Congress the public convenience and

the general welfare will be best subserved when the

natural laws of competition are left undisturbed by

those engaged in interstate commerce, and as

Congress has embodied that rule in a statute, that

must be, for all, the end of the matter, if this is to

remain a government of laws, and not of men.” (pp.

337-338)

_ It would appear from these cases that if Congress sees

fit to declare a policy to be followed in the regulation of

interstate commerce (broadcasting) and provides that in

458 %

order to carry out that policy, no newspaper shall operate

a broadcasting station, the Courts will not question the

wisdom of the policy, but will consider such legislation

only for the purpose of determining whether the prohibi-

tion has a reasonable relation to, or is a reasonable means

of accomplishing an end which is within the regulatory

power of Congress.

Factors which would militate against holding arbitrary

or unreasonable the regulation of interstate commerce as

herein proposed are the actual facts and usages attendant

upon joint ownership and operation of a broadcast

station and a newspaper.

It is submitted that these factors should not be

examine for the purpose of passing on the wisdom of

the legislation but only for the purpose of determining

whether an unreasonable or arbitrary classification has

been made. Chicago, B. & Q. R. R. Co. v. McGurre,

219 U.S. 549. In that case the court said at page 569:

‘“ * * * The scope of judicial inquiry in deciding the

queston of power is not to be confused with the

scope of legislative considerations in dealing with

the matter of policy. Whether the enactment is wise

or unwise, whether it is based on sound economic

theory, whether it is the best means to achieve the

desired result, whether, in short, the legislative dis-

cretion within its prescribed limits should be exer-

cised in a particular manner, are matters for the

judgment of the legislature, and the earnest conflict

of serious opinion does not suffice to bring them

within the range of judicial cognizance.”

It is conceivable, that situations might arise where the

mutual control of a newspaper and a broadcast station

would have no effect upon the operation of the station in

the public welfare. If this be true, would an act barring

459

every newspaper from owning or operating a broadcast

station exceed the end to be accomplished? This question

arose in connection with the Anti-Trust Act, supra, which

prohibited “every”’ contract in restraint of trade. Prior to

the Standard Oil case, 221 U.S. 1, the Supreme Court

consistently held that when Congress said “every”’ it

laid down a policy which the Court could not question,

and the act, so interpreted, was held to be constitutional

(Addyston Pipe & Steel Co. v. United States. 175 U.S.

211; Northern Securities Co. v. United States, supra.).

In the Standard Oil case, 221 U.S. 1, the Court estab-

lished the well-known “Rule of Reason” which was

applied in that and later cases. The different interpreta-

tion of the Anti-Trust Act, however, appears to have been

based upon what the Court considered to be the common

law concept of the term “restraint of trade”’’ as used in

the Act. The Court said:

““ * * * It is certain that these terms (‘Restraint of

trade’ and ‘monopoly’) at least in their rudimentary

meaning, took their origin in the common law, and

were also familiar in the law of this country prior to

and at the time of the adoption of the act in

question.

“We shall endeavor, then, first to seek their mean-

ing, * * * by making a very brief reference to the

elementary and indisputable conceptions of both

the English and American law on the subject prior

to the passage of the Anti-Trust Act.”

While the interpretation placed upon the Act in the

Standard Oil case, supra, might be said to weaken the

former decisions as to the constitutionality of the Act as

originally construed, it did not constitute a reversal of the

former cases as to such constitutionality; but rendered

a consideration of the question unnecessary.

460

Other analogous legislation is contained in Section 1,

Paragraph 8 of the Inerstate Commerce Act commonly

known as the “Commodities Clause” which provides

that:

“From and after May 1, 1908, it shall be unlawful

for any railroad company to transport from any

state, * * * any article or commodity, other than

timber and the manufactured products thereof,

manufactured, mined, or produced by it, or under

its authority, or which it may own in whole or in

part, or in which it may have any interest, direct or

indirect, except such articles or commodities as may

be necessary and intended for its use in the conduct

of its business as a Common carrier.”

This clause was held constitutional by the Supreme

Court of the United States in the cases of U.S. v.

Delaware & Hudson Co., 213 U.S. 366 and Delaware L.

&@W.R.R. Co. v. U.S., 231 U.S. 363.

In the former case the Government sought to enjoin

five railroads from shipping coal over their lines. Some of

these corporations owned and worked mines and trans-

ported over their own rails in interstate commrce the coal

so mined either for their own account or for the account

of those who had acquired title to the coal pnor to the

beginning of the transportation. As to this last group, the

Government contended that the Act prohibited the carry-

ing of any coal with which the line was formerly con-

nected regardless of present ownership. One of the main

defenses the companies claimed, on the other hand, was

that the Act was unconstitutional because it deprived

them of property without Due Process. The court

pointed out that the broad interpretation contended for

by the government would raise serious constitutional ques-

tions; that where an act is susceptible of two interpreta-

a

461

tions one of which would be constitutional and the other

not, the construction upholding the validity of the law

should be applied; and, therefore, construed the Act as

applying only where there was an actual and a present

connection between the company and the commodity.

It was then concluded:

“We think it unnecessary to consider at length the

contentions based upon the due process clause of

the Fifth Amendment, * * * When, however, mere

forms of statement are put aside and the real scope

of the argument at bar is grasped, we think it

becomes clear that in substance and effect the argu-

ment really asserts that the clause as construed by

the Government is not a regulation of commerce,

since it transcends the limits of regulation and

embraces absolute prohibitions, which, it is insisted,

could not be exerted in virtue of the authority to

regulate. The whole support upon which the propo-

sitions and the arguments rest hence disappear as a

result of the construction which we have given the

statute. Through abundance of caution we repeat

that our ruling here made is confined to the ques-

tion before us. Because, therefore, in pointing out

and applying to the statute the true rule of construc-

tion, we have indicated the grave constitutional

questions which would be presented if we departed

from that rule, we .aust not be considered as having

decided those questions. We have not entered into

their consideration, as it was unnecessary for us to

do so.”

The Delamare L. & W. case, supra, involved a question

as to whether a shipment of hay to be used in feeding

mules in mines owned by the defendant railroad was a

violation of the Commodities Act. The railroad chal-

lenged the constitutionality of the Act and contended

inter alia that, “It is a matter of complete indifference

462

to the public * * * whether or not the railroad company

does or does not engage in such transportation, so long as

it continues lawfully to own and operate its mines, and

the Commodities Clause in prohibiting such transporta-

tion has no reasonable relationship to the accomplish-

ment and any legitimate public object, but is arbitrary,

unreasonable and unnecessary and violates the Fifth

Amendment.” The court in holding that the Act did have

a reasonable relationship to the regulation of interstate

commerce said:

“But the courts are not concerned with the ques-

tion as to whether, in a particular case, there had

been any discrimination against shippers or harm to

other dealers. The statute is general and applies not

only to those particular instances in which the car-

rier did use its power to the prejudice of the shipper,

but to all shipments which, however innocent in

themselves, come within the scope and probability

of the evil to be prevented.”

In making an analogy between these two cases and the

question under consideration, the Delaware and Hudson

case might be advanced as authority for the contention

that a statute denying the right of all newspapers to

operate radio stations would be unconstitutional as

applied to an extreme situation; for instance, in a case

where the owner of a Farmers’ Weekly in Minnesota

applied for a license to operate a station in Washington,

D.C.

However, the above quoted language from the

Delaware L. & W. case is authority for the conclusion that

if there is a reasonable relationship between the prohibi-

tion of mutual control of radio facilities and newspapers

the courts would not be concerned with the question as

to whether in a particular case such mutual ownership

was actually detrimental to the operation of the station.

463

While the above mentioned authorities relative to leg-

islation similar to that contemplated serve to establish the

criterion which would be applied in testing the validity

of the proposed statute, it is submitted that they afford

no basis for a positive conclusion as to its constitutionality.

Section 11 of the Panama Canal Act of August 24,

1912, 37 Stat. 560, made it unlawful for any railroad or

other carrier to own, operate, etc. “any common carrier

by water operating through the Panama Canal or else-

where with which such railroad or other carrier does or

might compete for traffic or any vessel carrying freight or

passengers on such water route or elsewhere with which

such railroad or other carrier competes or might com-

pete.” This Act further provided that the Interstate

Commerce Commission should determine the extent or

possibility of competition. A date was specified on which

all common ownership should cease, but it was also pro-

vided that the Commission should determine whether any

“such existing specified service” was being operated in

the public interest, etc., and empowered it to grant exten-

sions to those which were challenged to such considera-

tion upon the merits of the individual case. The consti-

tutionality of this legislation has not been successfully

challenged to date. See Lehigh Valley Railroad Co. v.

U.S. (Dist. Ct. E. Dist. Pa. May 12, 1916, 234 F. 682).

Legislation similar to the type contemplated herein is

found in Sections 310(a) and 311 of the Communica-

tions Act of 1934 wherein the Commission is directed to

refuse to grant a license to an enumerated class of persons,

among them being aliens, representatives of foreign

governments, foreign corporations, etc., and also any per-

son found guilty of unlawful monopoly, as defined

therein.

The proposed legislation would impose a prohibition

against a class, i.e., newspaper owners, and, in that

464

respect, would be analogous to Section 310(a) of the pre-

sent act which contains a similar prohibition against aliens.

Senator Wheeler inquires:

*‘Whether, if the Commission has not such author-

ity at the present time, legislation could be passed

denying the right for all newspapers to acquire radio

stations in the future and requiring all newspapers

within a reasonable time to divest themselves of the

ownership and control of such stations.”

A careful review of the decisions of the Supreme Court

with respect to existing legislation whch appears to be

analogous or similar to that here suggested and those

decisions with respect to the regulation of interstate com-

merce by the Congress and matters bearing a reasonable

relation thereto, impel me to a conclusion that the con-

stitutionality of an act of Congress denying the right to

all newspaper owners as such to obtain broadcast licenses

in the future and requiring all newspapers to divest them-

selves of such ownership or control within a reasonable

time, is not free from doubt, and, therefore, I think the

inquiry does not permit of a categorical answer.

However, let me add, it is established that all radio

broadcasting is interstate commerce; that, under the Con-

stitution, the Congress has the power to regulate interstate

and foreign commerce; that the criterion to be applied is

whether the proposed legislation has a reasonable relation

to a purpose which is within constitutional authority;

and, that the power to regulate interstate and foreign

commerce is limited only by the provisions of the Con-

stitution itself.

I am of the opinion that the mutual ownership and

control of newspapers and broadcast stations bears a rea-

465

sonable relation to and has an effect upon interstate com-

merce and, therefore, if the Congress enacted a law of the

purport suggested, it should meet the constitutional

requirements.

466

|M. H. Seiden & Associates, Inc., “Mass Communications

in the United States—1970,” Summary Volume (1971)

(research conducted on behalf of the National Association

of Broadcasters) |

ALPHABETIC GUIDE

Market Rank

Aberdeen 83

Abilene-Sweetwater 136

Ada 172

Albany, Ga. 148

Albany-Schenectady-Troy 38

Albuquerque 81

Alexandnia, La. 164

Alexandria, Minn. 157

Altoona 75

Amarillo 92

Ardmore-Ada 172

Asheville 41

Atlanta 18

Augusta 90

Austin, Texas 129

Bakersfield 134

Baltimore 16

Bangor 149

Baton Rouge 96

Bay City 52

Beaumont-Port Arthur 107

Bellingham 190

Billings 159

Biloxi 178

Binghamton 112

Birmingham 33

467

Market

Bismarck

Bluefield

Boise

Boston

Bristol-J ohnson City

Buffalo

Burlington-Plattsburgh

Butte

Cadillac

Cape Girardeau (Paducan-Harrisburg)

Carthage

Casper-Riverton

Cedar Rapids-Waterloo

Champaign-Decatur-Springfield

Charleston, S.C.

Charleston-Huntington, W.Va.

Charlotte

Chattanooga

Cheyenne

Chicago

Chico-Redding

Cincinnati

Clarksburg-Weston

Cleveland

Colorado Springs-Pueblo

Columbia, S.C.

Columbia-] efferson City

Columbus, Ga.

Columbus, Miss.

Columbus, Ohio

Corpus Christi

Dallas-Ft. Worth ,

Davenport (Rock Island-Moline)

468

Market

Dayton

Daytona Beach

Decatur, Ala.

Decatur, Ill.

Denver

Des Moines

Detroit

Dothan

Duluth (Superior)

Durham

F.au Claire

El Dorado

El Paso

Elkhart

Ensign

Ene

Eugene

Eureka

Evansville

Fargo

Flint-Saginaw-Bay City

Florence, Ala.

Florence, S.C.

Fort Myers

Fort Smith

Fort Wayne

Fort Worth

Fresno-Visalia

Glendive

Grand Junction (Montrose)

Grand Rapids-Kalamazoo

Great Falls

Green Bay

469

Market

Greensboro-Winston Salem (High Point)

Greenville-Spartanburg--Asheville

Greenville-New Bern-Washington

Greenwood

Hampton

Harrisburg- Y ork-Lancaster-Lebanon

Harrisonburg, Va.

Hartford-New Haven

Hastings

Hattiesburg

Hays

Helena

Houston

Huntington

Huntsville-Decatur-Florence

Idaho Falls-Pocatello

Indianapolis

Jackson, Miss.

Jackson, Tenn.

Jacksonville

Jefferson City

Johnson City

Johnstown-Altoona

Joplin (Pittsburg, Kan.)

Kalamazoo

Kansas City

Kearney

Klamath Falls

Knoxville

La Cross-Eau Claire

Lafayette, La.

Lake Charles

Lancaster

Rank

53

41

74

175

46

48

187

21

80

165

194

202

14

31

106

160

15

71

203

60

126

85

75

119

37

25

80

197

61

135

120

167

48

470

Market

Lansing

Laredo

Las Vegas

Laurel-Hattiesburg

Lawton

Lebanon

Lexington

Lima

Lincoln-Hastings-Kearney

Little Rock

Los Angeles

Louisville

Lower Rio Grande Valley (McAllen-Brownsville,

Weslaco)

Lubbock

Lufkin

Lynchburg

Macon

Madison

Mankato

Marquette

Mason City

Medford

Memphis

Meridian

Miami

Midland

Milwaukee

Minneapolis-St. Paul

Minot-Bismarck

Missoula

Mobile-Pensacola

Monroe-El Dorado

—-— —

471

Market

Monterey

Montgomery

Nashville

New Bern

New Haven

New Orleans

Newport News

New York City

Norfolk-Portsmouth-Newport News-Hampton

North Platte

Odessa-Midland

Oklahoma City

Omaha

Orlando-Daytona Beach

Ottumwa (Kirksville)

Panama City

Pembina

Pensacola

Peoria

Philadelphia

Phoenix

Pittsburgh

Plattsburgh

Pocatello

Poland Spring, Me.

Port Arthur

Portland, Ore.

Portland-Poland Spring, Me.

Portsmouth

Presque Isle

Providence

Pueblo

Quad City

115

472

Market

Quincy (Hannibal)

Raleigh-Durham

Rapid City

Redding

Reno

Richmond

Roanoke-Lynchburg

Rochester-Mason City (Austin)

Rochester, N.Y.

Rockford

Roswell

Sacramento-Stockton

Saginaw

St. Joseph

St. Louis

St. Paul

St. Petersburg

Salinas-Monterey

Salisbury

Salt Lake City

San Angelo

San Antonio

San Diego

Santa Barbara

Savannah

Schenectady

Scranton

Seattle-Tacoma

Shreveport-Texarkana

Sioux City

Sioux Falls-Aberdeen

South Bend-Elkhart

Spartanburg

Rank

122

68

169

142

154

57

63

137

70

98

179

29

52

161

11

13

27

93

186

49

189

47

39

147

131

38

58

17

55

116

83

87

41

Market

Spokane

Springfield, Ill.

Springfield, Mo.

Springfield, Mass.

Steubenville

Stockton

Sweetwater

Syracuse

Tacoma

Tallahassee

Tampa-St. Petersburg

Temple

Terre Haute

Toledo

Topeka

Traverse City-Cadillac

Troy

Tucson

Tulsa

Tupelo

Twin Falls

Tyler

Utica

Visalia

Waco-Temple

Washington, D.C.

Washington, N.C.

Waterloo

Watertown-Carthage

Wausau-Rhinelander

West Palm Beach

Wheeling-Steubenville

Wichita

47%

474

Market Rank

Wichita Falls-Lawton 103

Wilkes-Barre-Scranton 58

Wilmington 140

Winston-Salem 53

Yakima 123

York 48

Youngstown 117

Yuma 180

Zanesville 192

METHODOLOGY

Objective Of This Study

The objective of this study is to identify all of the

commercial media used in mass communications in the

United States and organize them by market and by

ownership. The following are the types of media that are

included:

Medium

Commercial Television

Commercial Radio: AM

Commercial Radio: AM/FM

Commercial Radio: FM

Commercial Radio: established since 1966

Daily Newspapers

Weekly Newspapers

Nationally Distributed Magazines (Selected)

‘2

>)

jou

a)

ZSezrnmnvea

Its Organization

This study consists of four volumes. The first is a sta-

tistical summary of each of the 204 markets which

475

encompasses all of the counties and cities in the conti-

nental United States. Volumes two through four are the

director volumes in whch are listed by name, the owners

of the media originating in (marked with an asterisk) or

reaching into (from outside) each market, and the pro-

perties that constitute their holdings. Most of the proper-

ties are accompanied by a rough measure of their “reach”

or audience, expressed in terms of the absolute number

of homes reached in that market and in the share of the

market that this circulation represents. The markets

themselves are ranked in declining order of size based on

the number of homes in the market.

Selecting the Media

All forms of mass communications except educational

television, educational radio, and CATV systems were

included. CATV systems, for the most part, did not orig-

inate programs during the 1969-70 period covered by

this study, and data were not available for educational

media although they now constitute a major source of

programming. To the extent that CATV systems bring

distant signals into a market, their effect is included in

the surveys of television viewing reported by American

Research Bureau (ARB), whose data were employed in

this study.

Magazines were restricted to 50 that met the following

three criteria:

(1) They are avilable nationwide;

(2) They relate in some way to social or political

issues;

(3) Data are available regarding their circulation by

market.

The second criterion led to the exclusion of such

national publications as Popular Mechanics and Modern

476

Bride. In the absence of circulation data by county or

market (the third criterion), the number of relevant mag-

azines and nationally distributed newspapers is under-

stated in nearly every market.

The following important “issue” magazines and news-

papers were not included due to the unavailability of

reliable circulation data on a market basis:

Atlantic Monthly Nation

Consumer Report National Review

Consumers Union New Republic

Dissent Ramparts

Commerce Daily Christian Science Monitor

Wall Street Journal National Observer

Accompanying this introduction is a list of the maga-

zines that were included as well as those magazines for

which data were available but because of their subject

matter were excluded. Despite the relatively small

number of magazines included in this study, they entailed

the processing of nearly 150,000 records (50 magazines

circulating in over 3,000 counties).

Sources

The data regarding the number and circulation of media

were drawn from a wide range of sources, all of them

private, as listed below:

Media Source

Television ARB 1969 Coverage Study/TV Fact-

book, 1970

Radio Pulse, Inc., 1967/Broadcasting Year-

book, 1970

Dailies Sinding Yearbook, 1969/Editors &

Publishers Yearbook 1970

477

Weeklies National Director of Weekly News-

papers, 1970

Magazines ABC Circulation, Inc. 1970

Where publications are concerned, the sources listed

above generally supplemented the circulation data of

the Audit Bureau of Circulation when the latter did not

provide the figures. In the case of weeklies, the source

also identified the publishers or owners. In all instances,

it was possible to determine the market of origin of each

publication. Magazines, however, are not identified as

originating in a specific market. Their national orienta-

tion rendered this fact irrelevant.

In the case of radio stations, the 1967 survey by Pulse,

Inc. offered the most recent and reliable circulation data

available. Stations that went on-the-air since the survey

were also included in this study, but without circulation

figures (UNK).

Defining the Market

There are a number of definitions of a “market.”

Among the most common is the Standard Metropolitan

Statistical Area (SMSA), defined by the U.S. Bureau of

the Budget. This is a grouping of contiguous counties

surrounding a city. They represent a market based on

population criteria. There is a fairly long time lag in the

adjustment of the SMSA definition of a market and it

is not always an accurate reflection of the economics of

the market place.

The city itself is sometimes employed to define the

“market,” but it is a political rather than an economic

concept.

More recently, the American Research Bureau (ARB)

developed the ADI concept (Area of Dominant Influence).

478

This is a communications oriented concept in which

every one of the 3,100 counties in the nation is assigned

to some market. The market to which a county is assigned

is based on the location of the television stations that

command the majority of the viewing hours reported for

that county.

The broad geographic coverage of television signals is

the most valid basis for identifying integrated geographic

and economic units. It defines a market from the stand-

point of the advertiser. This is generally true in the case

of the newspaper as well as television. Thus, Sinding’s

Newspaper Directory includes a listing of newspapers by

ADI. Within this geographic coverage area are numerous

sub-markets even within the inner city, each with their

own radio stations, dailies and weeklies.

Commuter mobility which has led to the development

of suburban satellite communities around the urban core

has also led to the decentralization of retail sales facili-

ties through widely scattered shopping centers. Conse-

quently, the communications media have become the

binding force in today’s retail markets The ADI concept

was therefore employed in the present study as the defi-

nition of a market. With the exclusion of Hawaii and

Alaska, there are 204 markets in this study, encompass-

ing all the counties, homes, commercial media, and

media owners within the continental United States.

An adjustment in the ARB definition of some of the

markets was required in order for television data to con-

form to the circulation data available in the case of

other types of media. As an example, the western half

of Kem county constitutes the Bakersfield, California

market as defined by ARB. In this study the television

media and television audiences in the eastern half of

Kern county were shifted away from Los Angeles and

479

added to Bakersfield. This type of adjustment was neces-

sary in a number of markets. In addition to the number

of media and media owners assigned to a market, this

adjustment also effected the number of households cred-

ited to the market and consequently the market’s national

rank in terms of its size.

Ownership

Ownership and its relationship to control over media is

an evasive concept. Each month the Federal Communica-

tions Commission, for its own use, prints a four volume

computer listing of the name of every person owning over

1% of a radio or television station. This pile of paper

stands 6 inches high, but tells us nothing that would be of

assistance in analyzing the issues underlying the present

concern of the Commission.

To avoid sinking into a similar morass of detail, the

media in this study were generally grouped by corporate

owner rather than by the name of the stockholders. Thus

this study identified and collated media properties in

each market that are connected by a common thread of

ownership. This was done for those “outside” media that

penetrate the market as well as for the media that

originate locally. The result is a detailed census that

presents a factual and useful picture of the commercial

communications universe.

Sources

The trade publications maintain the most comprehen-

sive and up-to-date record of cross-ownership of media.

These sources include the Broadcasting Yearbook (TV

and radio), Editors and Publishers Yearbook (dailies), and

the American Newspapers Representative Annual (week-

ties).

480

This information was cross-referenced and brought

up-to-date as of June 30,1970. A number of Washington

attorneys representing the larger media organizations

were also contacted to clarify the more complex

ownership relationships.

Application

Each county was assigned its complement of media,

media owners, and the audience or circulation of each

medium in that county. This county information was

assembled by the computer to form the ADI markets as

defined by ARB (1968/69 definitions) subject to the

adjustments described earlier. The average audience

reached at a moment in time by each communications

property, was then divided into the total number of

homes in the market to arrive at the relative proportion

of the market reached by each property. These properties

were then grouped by owner under a four digit owner

code assigned to each media property. In the directory

volumes, an asterisk identifies those properties that

originate within the market. .

In the case of television circulation figures, the only

source available by county is the ARB 1969 Coverage

Study. These data consist of the total number of homes

in the county and the percentage of hours of viewing

they directed at each television station. These percentages

were applied to the number of homes in the county in

order to derive an absolute figure that could be

cumulated for the market. The television circulation data

that resulted more closely resemble a market share than

the net weekly or net daily circulation.

These audience data provide a snapshot view of the

number of homes reached by each medium at a moment

in time. The purpose of this approach is to provide a

am Bhs ae ew

TE ee

481

rough measure of their relative scale. In fact, however,

each medium ultimately reaches many times the number

of homes indicated in this study. It is safe to say that the

network affiliated television stations originating in a

market are received in nearly every household that has a

television set in their market at least once in the course of

a week. By the same token, media originating outside the

market also reach more homes in the market in the

course of the week than that indicated in this study. This

is true of radio, newspapers and magazines, as well as

television eminating from outside a market.

A circulation cut-off in which media obtaining less

than 100 homes were dropped from a market was applied

to all types of media. This resulted in a more conservative

estimate of the number of media available in each

market. Other decisions that resulted in a conservative

estimate of available media was the use of weekday rather

than Sunday circulation figures for newspapers. The

higher Sunday circulation figures were sometimes suffici-

ent to have increased the number of media in the +5%

column in the summary or matrix volume, as discussed

below. Perhaps most important, AM/FM combinations

were counted as a single entry regardless of the degree to

which their programming was independent.

In addition to the number of media and media owners

originating in each market, the statistical summaries in

Volume One present a tabulation of the number of media

and owners that originate outstde of the market but

which are received in the market, and of these there is a

column that shows the number that reach 5% or more of

the homes in that market at any given moment.

The media and media owners entering a market from

outside represent to the economist an approximation of

the competition overhanging that market. Such media

482

can, if the expense is warranted, expand their circulation

or audience in that market. This is of particular

significance in the case of radio and television which are

regulated and for which free entry, even of a limited

nature, is generally not assumed.

Illustration of Results

In the heading of the illustration shown below, which

is the format used throughout Volume I, is the market’s

rank, name, and size in terms of the number of homes

located in that market. Thus Tyler, Texas ranks as market

177 based on its count of 45,000 homes. The first line in

the Table itself is a summary count of the number of

different media available to the public in this market, and

the second line is the number of owners of these media.

This is followed by a breakdown of the number of media

available in the market.

The columns, proceeding from left to right, provide a

breakdown of the totals, distinguishing between media

that originate within this market and those that enter the

market but originate elsewhere. The latter, those originat-

ing elsewhere, are further broken down to indicate the

number of “outsiders” that obtain a local audience equal

to 5% or more of the homes in the market. :

Thus, the accompanying illustration shows that in

Tyler, Texas, the public uses 84 different media that are

owned by 68 different owner organizations (not counting

the individual stockholders in each “organization’’). Of

this number, 22 of the media originate within this

market, and they are owned by 19 owner organizations

(i.e, a few owners own more than one medium

originating in this market).

Similarly, 62 different media are received by Tyler’s

citizens from outside their market, and these media are

483

owned by 49 different owner organizations. An owner,

once counted as indigenous to the market, is not counted

again if he also owns a medium entering from outside the

market. Of the 49 owners “entering from outside” 13

each have access to 5% or more of the audience in the

Tyler market. The number of different types of media

involved are indicated under each of the relevant captions

discussed above.

MARKET 177 TYLER, TEXAS HOMES: 45,000

NUMBER NUMBER

TOTAL ORIGINAT- ENTERING MKT.

NO.IN _ ING IN +5% OF

MKT. MKT. TOTAL ~~ MKT.

MEDIA 84 22 62 19

OWNERS 68 19 49 13

TV STATIONS 9 l - 3

RADIO

STATIONS 23 9 14 1

DAILY

NEWSPAPERS . 2 6 l

WEEKLY

NEWSPAPERS 10 10 0 0

MAGAZINES 34 _ 34 14

Differences With FCC Data

The present illustration provides an opportunity to

focus on differences between the FCC’s figures and those

resulting from the present study. Thus, the FCC reports

that there are only 4 radio stations and only | television

station assigned to the Tyler market. Our findings

indicate that in fact, 23 radio stations and 9 television

484

stations are available off-the-air in the Tyler market. Of

the latter, 1 television station and 9 radio stations

originate in Tyler, and 14 radio and 8 television signals

reach into Tyler trom outside the market. Nor does the

present study include the three TV signals from Houston,

Texas that ARB reports as reaching the Tyler market but

which we estimate obtain fewer than 100 viewing homes

and were therefore dropped from our estimates for Tyler

(see earlier discussion of cut-off criterion).

The principal reason for these differences with FCC

figures is their use of the SMSA or “community of

assignment’’ as their basis for organizing data, while the

present study employed the ADI concept, discussed

earlier.

Differences With Standard Industry Sources

Four factors built into the present analysis explain the

differences in the size and ranking of some of the 204

markets when compared to other published sources.

These include:

(1) The use of 1968/69 ADI definitions instead of

1969/70;

(2) The use of total homes instead of TV homes as

the determinant of rank;

(3) The exclusion of Alaska and Hawaii from the

present study;

(4) The joining of counties split between two markets

and the assignment of ARB’s non-ADI communi-

ties to an ADI market for the purposes of this

analysis.

To illustrate, we use the Sacramento-Stockton, Califor-

nia market, which was the market most effected by these

criteria. It is assigned an ADI rank of 25, and its number

Oe ee ee en ores

485

of TV homes is 532,400 in the most recent ARB

Television Market Analysis. In our study it ranks as the

29th market with 490,200 homes (not TV homes). This

difference is explained in part by the use of ARB’s 1969

market definition which consisted of 18 counties,

whereas in 1969/70 ARB added 3 counties to the

Sacramento market, a difference of about 4,000 homes.

For purposes of this study two split counties were also

shifted from Sacramento to San Francisco. The split

counties are Contra Costa East (46,600), and Solano East

(22,300). By employing the earlier definition and

removing the split counties, this market is accorded a

lower size and rank than given it by ARB (and the

converse for San Francisco).

Another result of the criteria used in the organization

of this market is the lower count of television stations

received in the market, and the converse for San

Francisco.

The 1968/69 definitions were used in the present

study because some of the data were already available on

the basis of the earlier market definitions. As an overall

proposition, a reworking of the available data was not

warranted.

In its Television Market Analysis (1969) ARB also lists

21 towns and cities not assigned an ADI designation but

which ite 1969 Coverage Study indicates are markets in

themselves. These include the following:

486

1969/70

Non-ADI Home County

Markets TV Households

Worcester 180,600

Ft. Lauderdale 174,600

Akron 168,200

Palm Springs 137,000

Canton 108,500

Manchester 63,900

Modesto 54,800

Jamestown 48,900

Muskegon 47,600

Muncie 36,400

Tuscaloosa 31,500

Anderson 30,600

Parkersburg 28,300

Hickory 25,200

Marion 23,900

Fond Du Lac 22,200

Fayetville 21,500

Wildwood 18,500

Ft. Pierce 15,700

Bowling Green 15,100

Ft. Dodge 15,100

Jacksonville, Ill. 10,100

Since more than just the television media were

involved in this study, these non-ADI markets are

assigned to their nearest ADI. As a consequence, the

markets to which these 21 communities are assigned may

differ from the standard ARB market definition of size

and rank. The foregoing list includes six communities not

Pa a oe

—

487

so listed in 1968/69 and excludes four other communities

that were treated as non-ADI markets in 1968/69.

These adjustments represent a relatively minor element

in the overall plan of this study, but since they explain

differences between the size and ranking of markets that

will emerge with the use of other source material for

further research, it is best that they be noted. An

example of a radical change is the Lufkin, Texas market

which consisted of three counties in 1968/69 but which

was not included in the 1969/70 to surrounding ADI’s.

This instability in the definition of smaller television

markets results from relatively minor shifts in TV viewing

patterns that do not necessarily effect the other media.

Treatment of Television Satellite Stations

Another point worth noting in the computer program

relates to television satellites. There are presently 42

“parent” stations which operate 55 satellite stations

inside the continental United States. A satellite station

generally has the same ownership as its parent and

generally carries most of the same programming; how-

ever, it is generally a distinct operation in the physical

sense of facilities and call letters.

Although 12 satellites operate across state lines from

their parent stations, all except eight originate within the

same ADI market as the parent station. The usual

practice for ARB is to attribute all viewing of the parent

and its satellites to the parent station if the satellite is in

the same taarket. In the present study, a parent and its

satellite(s) are treated as separate units, under joint

ownership. This treatment of satellites is analogous to our

treatment of newspapers where the morning and evening

dailies published by the same owner under different

mast-heads are treated as separate properties.

488

MAGAZINES INCLUDED

IN MEDIA ANALYSIS

Publication

Business Week

Capper’s Weekly

Catholic Digest

Cosmopolitan

Ebony

Esquire

Family Circle

Family Weekly

Field & Stream

First 3 Markets

Forbes

Fortune

Good Housekeeping

Gnit

Ladies Home Journal

Life

Look Magazine

McCalls

Nation’s Business

The New Yorker

Newsweek

Outdoor Life

Parent’s Magazine

Playboy

Presbyterian Life

National

Circulation

555,498

471,647

500,814

1,023,707

1,188,201

1,027,254

7,053,606

7,500,000

1,591,044

5,100,000

590,556

504,435

5,519,658

1,406,831

6,727,150

8,586,565.

7,791,538

8,334,553

873,513

418,890

2,616,229

1,609,370

2,028,381

4,473,249

838,711

489

Publication

Reader’s Digest

Redbook

Saturday Review

Southern Living

Sunset Magazine

Time

TV Guide

U.S. News & World Report

Woman’s Day

Amer. Agr. & Rural NY

Colorado Rancher

Farm Journal

The Farmer

The Farmer-Stockman

Kansas Farmer

Michigan Farmer

Missouri Ruralist

Nebraska Farmer

The Ohio Farmer

Parade

Pennsylvania Farmer

Prairie Farmer

Progressive Farmer

Wallaces Farmer

Wisc. Agriculturist

National

Circulation

17,368,972

4,538,779

594,034

648,562

985,289

4,298,799

15,165,081

1,862,370

7,761,605

183,480

45,480

2,818,754

217,090

398,953

111,959

97,990

136,827

95,447

107,399

16,250,000

99,519

349 276

1,183,559

206,228

123,655

491

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592 593

[Anderson, “Broadcast Stations and Newspapers: The

Problem of Information Control: A Content Analysis

' of Local News Presentations” (1971) (NAB Exhibit £),

pp. 1-46]

TABLE OF CONTENTS

| ee te cen ucntbeunede’s l

| I ccs ccc paeenenneeseucd .

2 oNom d RESULTS AND DISCUSSION. .......-..---++--- 18

| SUMMARY AND CONCLUSIONS ............... 44

I ee ee eae aes 47

res a eae 50

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I ono buch L4ubenaemenseivadade 54

27

3

3

“

)

-

22

rTuyNnNow

-

34

#58 OF SKT.

#58 OF AKT.

HOSES:

BS OBBER

ESTERING

TOTAL

47

35

2

HOSES:

NUMBER

BETERING SKT.

31

26

TOTAL

An - KF & OF HNON

WUEBES

ORIGIBATING

In S&T.

SUBBER

ORIGIBATIEG

Is Skt.

5

~

It has been suggested that patterns of multi-media

ownership result in both anti-competitive practices and

the potential for repressive information control. The

former area has been dealt with elsewhere (see Anderson,

Coe and Saunders;(1969). It is to the latter — the problem

of information control — that this study is addressed.

38

7

5

5

0

3

36

30

Moana

ee

Is S&T.

50

TOTAL HO.

Is AKT.

JACKSON, TENEESSEE

TOTAL

GLEEDIVE, SONTAEA

Perhaps the most serious concern of the information

control critics is the pattern of ownership where broad-

cast outlets are owned in common with the market

newspaper. There are approximately 150 markets in the

United States where broadcast outlets are owned in

that area. The combinations range from newspaper part-

nership with a small FM radio station to the common

ownership of all four media — newspaper, television,

‘ AM and FM radio — in the market. Questions concern-

sod ws

wo.

WEEKLY WEUSPARERS

WEEKLY BEUSPAPERS

BAGAZIBES

DAILY SEUSPAPERS

BAGAZINES

SARKET 203

TY statTiogs

BaDIO STATIONS

SABKET 204

TV STATIONS

RADIO STATIONS

DAILY BSSUSPAPERS

SEDIA

OuNzRs

BEDIA

OWNERS

ae ee .

BEST COPY AVAILABLE

594

ing the results of singular control of these sources are

more than leg ‘imate. Clearly, if one can postulate and

defend that a) public information sources for a market

are primarily limitea to those the market can support;

b) the effect on public opinion is proportional to the

number of information sources owned; c) forces in the

information market place do not prevent the manipula-

tion of information for self-serving purposes, then such

questions are vital to the free-market-place-of-ideas foun-

dation of our democracy. The postulates, while perhaps

facilely stated, are not easily supported. With the influx

of regional newspapers; regional editions of national

magazines; the increased availability of broadcast signals;

the increased opportunities for travel and education; the

continued evidence of active networks of interpersonal

communication, information sources do not appear to be

limited to those mass media outlets indigenous to a mar-

ket. Documentation of the ability of a single, even if

monolithic, source to dominate public opinion has been

notably absent from the scientific literature in the field.

Finding the opposite results has been the ordinary case.

Finally the previously cited study by Anderson et al.

indicated that forces in the market place adequately con-

trolled the appearance of anti-competitive practices as a

systematic result of patterns of ownership. Could such

prevention also be true of information control?

One way to determine an answer is a careful and ob-

jective examination of the informational content of both

cross-media-owned broadcast outlets and _ separately

owned broadcast outlets. If practices of information

control were occurring one would expect to see different

ownership conditions. Specifically one would expect a)

television outlets commonly owned with a newspaper to

evidence greater correspondence on subject matter and

Brett, Bein > tes Bw wheat nbd tte 0 ou

— soa vcer

SS ee

ee ee A 2 ee eee Sane e

595

its treatment with that newspaper than separately owned

television stations; b) radio outlets commonly owned

with a newspaper to show greater agreement in subject

matter and its treatment with that newspaper than

separately owned radio outlets; c) with the same market,

patterns of treatment of the same stories presented by

both broadcast station groups to be different; and d)

within the same market, the news service rendered by the

two ownership groups to be different.

It is the purpose of this study to provide the careful

and systematic observation called for, in order to test the

above expectations for validity. Systematic and objective

observation requires a methodology known as content

analysis. This process embraces a large number of activi-

ties, ranging from counting the rclative frequency of each

word in a text to evaluating the relative attitude intensity

held by different authors. It has been used to develop

dictionaries of common words; identify the textual

writers of the old and new testaments; authenticate the

dead sea scroils; and evaluate trends in newspaper comics.

As a process it concerns the establishment of clearly de-

fined rules of analysis consistently applied to some con-

tent for the purpose of solving some problem. As a

procedure content analysis is limited by the a) adequacy

of the rules of analysis in measuring the attributes in-

tended; b) the sufficiency of the rules to cover all

occurences of the attributes to be measured; c) the con-

sistency of their application; d) the clarity of the rela-

tionship between the data gathered and the problem to

be solved. In other terms these are the time honored re-

quirements of validity, reliability, and logic. Quite ob-

viously content analysis cannot be generally evaluated.

Rules which may be adequate for one problem can be

irrelevant to another. Consequently content analytical

596

techniques must be evaluated in the specific terms of the

problem to be solved. The result of this content/problem

specificity has been the development of a multiformity

of techniques. These include a) sampling methods; to de-

termine the content to be evaluated; b) schemes of cate-

gories to identify subject matter; c) attitude measures; d)

measures of meaning; ce) measure of argumentative posi-

tion; f) measures of textual characteristics (e.g. adjective/

verb ratio); g) measures indicative of the personality

characteristics of the author; h) measures of the length,

position, and other demographic values of the item

analyzed. Along with these measures, ancillary methods

determining the reliability, validity, and/or interrelation-

ships of the above measures have been developed. There

are several overviews of these measures and methods. Two

of particular note are Holsti (1969) and Pool (1959).

There have been a large number of studies dealing with

radio and television content including more than 100

relating directly to news content. Bibliographies listing

these studies include Holsti (1969), Budd et al. (1967),

Barcus (1960), and Barnes (1959). Of these numbers

there are surprisingly few which deal with the problem at

hand. In fact a reasonable search of the literature pro-

vides rio studies which offer story by story analysis of

the news output of radio and television stations operat-

ing under different ownership patterns. Perhaps the

closest is Baldridge’s (1967) study which gives a compari-

son of programming in general by group and non-group

owned television stations.

Not only is the lack of studies precisely pertinent to

this realm a problem, but the studies investigating news

which are available have used methods inappropriate to

our problem. Traditionally such studies have analyzed

news content by establishing a limited set of categories

eee ee eee

S Ata CR &

Fae MR stir ein a te a cet vet

_

597

and rules of sorting. Each story then is sorted by the

established rules into one of the categories. Comparisons

are made by matching the relative frequency generated by

another. For example, Thorton’s (1970) study of vio-

lence, protest, and war in television news, used those

three categories to code stories from Canadian and Ameri-

can sources. He found the CBC averaging 29.4 per cent of

their total news in these violence categories and CBS

51.3 per cent, for the period of April 20 to May 10, 1970.

Obviously this method gives us a startling insight into the

difference between Canadian and American television

news. But also quite obviously it cannot answer (nor was

it intended to) questions about whether the same topics

were presented or whether the treatment by each was the

same.

A similar example can be drawn from Nixon and Jones

(1956) who analyze the content of competitive and non-

competitive newspapers. When they report that such

newspapers present almost the same percentage of govern-

ment news they tell us little or nothing about the way

these newspapers might be shaping the opinion about the

government in their readers. Competitive newspapers

might be forced by market pressures to present the more

sensational stories; whereas non-competitive newspapers

may be able to provide a more balanced view. Of course,

the reverse may be true; we simply do not know.

Since in this study we are particularly interested in

whether different courses present the same news story

and in the same way, these traditional methods are

inadequate for the solution for our problem. Conse-

quently a new methodology was developed. By rephras-

ing our expectations concerning information control

into questions, we can determine the comparisons and

measures which must be made by this new methodology.

/

598

The first question then is stated as: Will television

outlets commonly owned with a newspaper evidence

greater correspondence with that newspaper on subject

matter and its treatment than separately owned stations?

This question specifies that each story from a television

station owned in common with a newspaper be compared

with each story from its allied newspaper to ascertain

whether the stories are the same and if so whether the

attitudes expressed (treatments) are similar. The same

comparison must be made between a separately owned

television station and the same newspaper.

Will radio outlets owned with a newspaper show greater

agreement in subject matter and its treatment with that

newspaper than separately owned radio outlets? The

second question, therefore, requires a comparison of each

radio outlet selected in the market to be compared with

each story similarly presented by the broadcast-media-

allied newspaper in that market. Common sense requires

the stations to all be in the same market and the stories

from the same day. We shall follow these common sense

rules throughout.

Content comparisons are always difficult. Cross-media

comparisons increase the difficulty according to the num-

ber of characteristics unique to each medium. Difficulties

plainly exist even in the comparison of radio and televi-

sion content. E.g. there are not indications that a picture

can ever be the same as a set of spoken words (see An-

derson, 1965, 1966, 1968a, 1968b, 1969). But generally

in news broadcasts the primary mode of presentation is

the same — the spoken word. Consequently, the content

is presented sequentially, one bit of information at a

time, with complete control over the order of reception

but almost no reference ability on the part of the receiver.

The printed word of the newspaper has only the first of

=

599

these characteristics. It does present material sequentially,

but presents it all at once and hence has no control over

the order in which stories are read but does provide per-

fect referability for the receiver. Additionally broadcast

presentations are severely limited by the practices of their

media in the amount of material they can present. News-

papers, while still limited, (newsprint is expensive) usually

present several times the material. For our purposes these

differences mean we will have to impose some rules con-

cerning the selection of stories and some artificial order

to make the comparisons meaningful. These rules are

described below under the title “Methodology”.

The third question asks: Within the same market and

for stories ascertained to be about the same topic, will

the pattern of treatment shown by newspaper-combined

stations be different from the pattern shown by non-

newspaper-combined stations? This question stipulates

first, the identification of stories which are about the

same subject and are presented by both the newspaper-

combined outlet and the non-newspaper-combined out-

let. It then requires judgments to be made concerning the

attitudes expressed by each writer toward the common

subject matter.

The fourth question is formulated as: Within the same

markets, will the news service provided by newspaper-

allied stations be different from the service provided by

non-newspaper-allied stations? The requirements of this

question are first, measures of the service provided and

second, a comparison of the scores of the two broadcast

group over these measures. The technical procedures used

to fulfill the requirements for answers to these questions

follow immediately.

600

METHODOLOGY

The first requirement of the methodology was to pro-

vide a system to compare each story from one source

with each story from all the other sources. The physical

logistics of handling up to seven separate sources, each

with a score or more stories, precluded direct comparison.

As a result, a process called key word comparison was

developed. Simply stated it required an individual to read

a story and determine the key words which described

the major topic areas in the story. Key words were defined

as persons, things, organizations, concepts, ideologies, poli-

tical entities, actions, and so on which produce some

effect or are the object of some activity, statement, dis-

cussions, or description that occupies a significant portion

of the content of a news story. The last phrase of the

definition “occupies a significant portion of the content

of a news story” was left undefined. Definition of the

word significance was a judgmental act. Since judgments

can sometimes be unique to the individual, a team of four

raters was used to select the key words from each story.

Only those key words identified by two of the four

raters were used in subsequent analyses.

The second requirement of the methodology was to

provide measures of treatment. Two scores were devised

for this purpose. They were the key word rating score and

the story rating score. In the key word rating score, judges

were instructed to evaluate the attitudes expressed in the

news story by the writer toward the key werd. Key word

rating scores were numerical values from |-7 which in

dicated the direction and intensity of the evaluative

treatment of the key word. The primary polar interpre-

tations were positive (1) and negative (7). Other polar

interpretations allowable were tasteful — distasteful;

clean — dirty; pleasant — unpleasant; beautiful — ugly;

—————O ee pe 6 ae

601

fragrant — foul. The words used to describe the seven

intervals were: a) 1 or 7; extremely, perfectly, completely,

maximally, remarkable, definitely; b) 2 or 6: quite, con-

siderably, fairly, reasonably, ordinarily, normally; c) 3 or

5; slightly, barely, minimally, a little, a bit, somewhat; d)

4 neutral. Raters were instructed to first select the di-

rection assigned to the key word — positive, negative, or

neutral. Direction was to be determined by the adjectives

and adverbs used to describe the key word. It could also

be determined by the association of the key word with

some positive or negative action which the key word

undertakes or is responsible for. In determining direction,

only meanings common to most users -f American Eng-

lish were utilized.

Once direction was established the next step was to

determine the location on the intensity scale. Some

nouns implied their own intensity measure. “Fair play”’

seems quite favorable. “Atrocities” is very negative.

However, in most cases intensity was determined by the

modifiers both adjectives and adverbs. Intensity as with

direction was based on the common usage of words.

The story score was developed in precisely the same

way as the key word rating score. However, the object of

evaluation shifted from the key words to the total story.

The purpose of this score was to be sensitive to balance in

presentations. With a mixture of key word evaluative

treatments, the overall treatment effect of a story might

be quite differ at from the treatment effect of a single

key word. The story score provided an indication of this

effect.

Demographic information about the story was also

recorded. These data included market of presentation,

rank of that market, medium of presentation, ownership

602

of that medium; position of the story, length of the story

and source of the story (local, AP wire, etc.).

All markets in which there was a newspaper-television-

radio combination that had television and radio competi-

tion from non-newspaper and separately owned outlets

were used in this study.! The newspaper-allied television-

radio combination was matched with a randomly selected

television-radio combination whose components were not

allied with a newspaper and had no corporate connections.

The two combinations were composed of equivalent

services. That is a TV-AM-FM combination was matched

with a TV-AM-FM combination; a TV-AM with a TV-AM

and a TV-FM with a TV-FM. When choice was possible

the non-newspaper-allied combinations were randomly

selected under the following parameters: a) AM stations

should be licensed for fulltime operation; b) TV stations

where possible should operate on the same band; c) the

TV, AM, and FM stations selected had to provide primary

service to the same markets as the newspaper combina-

tions. The purpose of the random sample technique was

to reduce the available data to manageable size and to

provide data free from the biases inherent in any matched

sample technique. Entities can differ one from another

on an infinite number of variables. A matching procedure

uses some limited number of these variables to proclaim

any set equivalent. The dangers that the matching proce-

dure will systematically interact with the data collected

are substantial. The random selection procedure is the

only procedure which can be unbiased.

'New York and Boston were two exceptions. Both markets

were deleted because they were the site of other litigation which

have affected the market news coverage.

603

Scripts from the “prime evening newscast” were

solicited from each of the stations for the Monday,

Wednesday, and Friday of an arbitrarily selected week.

For approximately one-third of the sample, the week of

November 16th was used; for the second third, the week

of December 7th; for the final third, the week of January

18th. The weeks selected were determined by the

schedule allotted to the study and by the requirement

that the time selected should be close to but preceding

the receipt of the requesting letter. Three scripts were

selected to provide an adequate analytical base. All hard

news, and human interest items were used as the basis for

analysis. Sports, financial summaries, and weather items

except where they were also hard news were not included.

Each station was requested to mark the end of each

story and to identify its source. Appendix A gives a copy

of the requesting letter.

Story selection, key word selection, key word ratings,

and story ratings were done by a team of four raters. In

order to ensure that comparable stations would receive

the same analysis, three teams of raters were used; one for

each of the broadcast media. The FM team did double

duty by also rating the newspapers. Stations were coded

by a number whose meaning was known only to the

primary research team. However, no other secrecy mea-

sures were taken. Each rater worked independently to

select those stories which were hard news or human

interest items, to select the key words for those stories,

and to rate the key words and the stories themselves.

Stories selected by any two raters were rated by all.

Work sheets from the rating teams were processed by a

checker to ensure that each qualifying story was rated

and appropriately labeled. The checker also removed any

minor discrepancies in the key words among the raters.

604

These discrepancies were such things as spelling, inclu-

sion of prepositions, punctuation, minor adjectives, and

so forth. The data were then key-punched and verified.

Additionally, the data cards were checked by computer

to ensure that they were in the proper order, that the

data were in their proper fields, and that scores were

within the scale limits. This “error scan” program was run

again with all cards immediately prior to the calculation

phase of this study.

The key words, key word ratings, and the story ratings

for each story generated by each rating team were then

reconciled by computer to provide a single set of data.

Appendix B provides a description of the procedures

used. Key words retained for a story were those listed by

three of the four raters. Key word ratings were the mean

scores from the selecting raters. Story ratings were the

mean scores from all members of the team.

The questions of interest reported above evoked a

series of specific research hypotheses. These were:

1) Newspaper-allied television outlets will evidence

greater topic correspondence with the allied news-

paper than separately owned television stations will

show with the newspaper.

2) Newspaper-allied television outlets will evidence

greater story treatment correspondence with the

allied newspaper than separately owned television

stations will show with that newspaper.

3) Newspaper-allied television outlets will evidence

greater key word treatment correspondence with

the allied newspaper than separately owned televi-

stion stations will show with that newspaper.

4) : Newspaper-allied radio stations will show greater

topic correspondence with the allied newspaper

than separately owned radio stations will show with

that newspaper.

— = z

5)

6)

7)

8)

9)

10)

11)

12)

13)

605

Newspaper-allied radio stations will show greater

story treatment correspondence with the allied

newspaper than separately owned radio stations

will show with that newspaper.

Newspaper-allied radio stations will show greater

key word correspondence with the allied newspaper

than separately owned radio stations will show with

that newspaper.

Newspaper-allied television and radio combinations

will evidence greater topic correspondence than

equivaient non-newspaper, separately owned tele-

vision and radio combinations.

Newspaper-allied television and radio combinations

will evidence greater story treatment than equiva-

lent non-newspaper, separately owned television

and radio combinations.

Newspaper-allied television and radio combinations

will evidence greater key word treatment corres-

pondence than equivalent non-newspaper, separately

owned television and radio combinations.

For the same story newspaper-allied television sta-

tions will evidence a different pattern of story

treatment scores than the pattern evidenced by non-

newspaper-allied television stations.

For the same key words within the same story

newspaper-allied television stations will evidence a

different pattern of key word scores than the

pattern evidenced by non-newspaper-allied television

stations.

For the same story newspaper-allied radio stations

will evidence a different pattern of stcry treatment

scores than the pattern evidenced by non-newspaper

allied radio stations.

For the same key words within the same story

newspaper-allied radio stations will evidence a dif-

ferent pattern of key word scores than the pattern

evidenced by non-newspaper-allied radio stations.

606

14) Newspaper-allied television stations will show less

topic diversity than non-newspaper-allied television

Stations.

15) Newspaper-allied radio stations will show less topic

diversity than non-newspaper-allied radio stations.

16) Newspaper allied television stations will report fewer

stories than non-newspaper-allied television stations.

17) Newspaper-allied radio stations will report fewer

stories than non-newspaper-allied television stations.

18) Newspaper-allied television stations will use fewer

sources than non-newspaper-allied television stations.

19) Newspaper-allied radio stations will use fewer sources

than non-newspaper-allied radio stations.

20) Newspaper-allied television stations will present

fewer stories written by the local station staff than

non-newspaper-allied television stations.

21) Newspaper allied radio stations will present fewer

stories written by the local station staff than non-

newspaper-allied radio stations.

The first six hypotheses provide the answers for ques-

tions one and two. To test these hypotheses three

correspondence scores were developed. The first taking

each broadcast outlet in turn compared each story from

the broadcast outlet with each story from the broadcast-

allied newspaper. The comparison was conducted for

each news day. Within a given comparison if one or

more of the key words agreed, the stories were deemed

equivalent or common. The story correspondence score

was Calculated from the ratio of the number of common

stories over the larger number of stories in the pair.

The second score determined the correspondence be-

tween the story scores given to the same (common) story

by the two outlets. Only stories determined to be com-

mon in the text above were used. The story rating corres-

607

pendence score was the ratio of the number of common

story ratings over the number of common stores. In

testing for commonality of rating, the rating scores were

truncated to a three value scale with 1 being positive; 2

being neutral; and 3 being negative. The purpose of this

truncation was to avoid trivial differences being counted

as substantial.

The third score measured the correspondence between

the ratings for common key words within the same story

that were common to both outlets. Again only stories

meeting the first test were used. Key words were said to

be common if 90 per cent of the letters in sequence

agreed precisely. The key word rating correspondence

score for media was calculated as the ratio of the number

of common key words with the same rating over the

nember of common key words. The truncation used

with the story ratings was used again with the key words.

These three measures were developed for both the

newspaper and non-newspaper-allied broadcast stations.

As suggested previously the analysis of newspapers re-

quired the formulation of some special rules. The rules,

described in Appendix C, controlled the selection of

specific pages which were used in the analysis. Essentially

the pages were the front page and the “‘prime local news”

page. Stories including those continued on other pages

were rated in their entirety. Each of the measures was

submitted to a repeated measures analysis of the variance

design with each market/newsday being treated as a sub-

ject. The rationale for using the market/newsday as a

subject is that each newsday provides the source of news

items for all news media. Any given news medium is re-

flecting in its news presentations the way it evaluates the

the events of the day. By comparing news media over a

given day. one can determine similarities and differences

in these evaluations.

608

In order to avoid the problems of interpretation of the

appearance of “no significant differences” or the appear-

ance of trivial but significant differences, correlation

analysis was also conducted over these data. For our

hypotheses to be completely supported, significant dif-

ferences should appear in the analysis of variance and

there should be no significant positive correlation.

The next three hypotheses (6-9) do not refer to any of

the questions. They are included as topics of interest and

a logical extension of the methodology used. For these

hypotheses the measures and analyses described above

were used with each of the broadcast media combina-

tions and each of the ownership groups.

Question three was investigated by hypotheses 10 thru

13. Treatment patterns are complex and difficult to

identify. In terms of the measuring instruments used

here, differences in these patterns can be of three types.

First the evaluations of each story or of each key word

by the two stations could be of the same intensity but in

the opposite direction. Second the evaluations could be

in the same direction but of different intensities. Third

the differences could be a combination of intensity and

direction. Since each evaluation was tied to specific con-

tent, the likelihood of an owernship difference consistent

in direction or in intensity or both was exceedingly small.

Individual statistical tests require consistency in one of

these areas for power. As a result no single statistical pro-

cedure was adequate to test for the possibility of systema-

tic ownership effects. The following set of procedures

was used over the treatment scores for matching (com-

mon) stories and matching key words within common

stories.

To determine the internal stability of the story ratings

and the key word scores the means and variance were

OO eee A ee

solide PRS autem ln aad, eR Se rh lll eta at lll tie Ma ASANO NI AEN a AN.

at.

609

calculated on two transformations of these measures.

The first transformation was the algebraic sum of the

sum of the score minus the constant 4. That is (X-4).

The second was the absolute sum of the score minus the

constant 4. That is /

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