In Re Application of RADIO STATION WSNT, INC., SANDERSVILLE,
GA.
For Renewal of License of Station WSNT, Sandersville, Ga.
Docket
No. 19167 File No. BR-3268
FEDERAL
COMMUNICATIONS COMMISSION
27
F.C.C.2d 993
RELEASE-NUMBER: FCC 71-230
March 11, 1971 Released
Adopted March 3, 1971
JUDGES:
BY THE COMMISSION: COMMISSIONER
BARTLEY DISSENTING AND ISSUING A STATEMENT; COMMISSIONER
JOHNSON CONCURRING AND ISSUING A STATEMENT.
OPINION:
[*993] The Commission
has before it for consideration: (1) the above captioned application for
renewal of license of Station WSNT, Sandersville, Georgia; (2) a petition to
deny renewal of license (Petition) filed by Arnold Hayes as an individual and
as an agent for the Southern Christian Leadership Conference (SCLC), and by
Richard Turner, as an individual and as an agent for the Black Youth Club of
Sandersville, Georgia; (3) an opposition to the petition to deny renewal
(Opposition) filed by Applicant; and (4) a reply to the opposition to petition
to deny renewal of license (Reply) submitted by the original Petitioners.
1. Petitioners predicate their
standing as parties in interest on the grounds that they "represent the
interest of a substantial portion of the listening audience of WSNT," that
the Black Youth Club, an affiliate of the SCLC, has "significant roots in
the community," and that the individual petitioner-affiants have personal
knowledge of the facts underlying the petition. n1 In addition, the pleadings filed substantiate the
fact of residency of the individual petitioners in the community of license, as
well as their representation of the two petitioning organizations. The
Commission is thus satisfied that Petitioners have sufficient standing to file
their petition. n2
n1 In its opposition Applicant
challenges the timeliness of the filing of the Petition, as it was filed on
March 2, 1970, and the supporting affidavits were filed on March 4, 1970.
However, as March 1, 1970, was a Sunday, the filing of the Petition on the next
business day is deemed timely, in accordance with Sections 1.4 (d) and 1.4(i)
of the Commission's Rules and Regulations. The filing of the supporting
affidavits two days subsequent thereto in no way prejudiced the rights of
Applicant.
n2 Section 309 (d) (1) of the
Communications Act of 1934, as amended; Office of Communication of the United
Church of Christ et al. v. Federal Communications Commission, 359 F. 2d 994
(D.C. Cir. 1966).
2. Radio Station WSNT is the
only broadcast facility licensed to Sandersville, Georgia. Petitioners
allege that of Sandersville's 5,425 citizens (1960 census) approximately 60%
are black, and that Washington County, in which Sandersville is located, is
approximately 65% black.
[*994] 3.
According to Petitioners since about September of 1969, the Movement, "a
broadly based coalition of citizens and residents of Sandersville...
spearheaded by and organized around the Black Youth Club, an affiliate of the
Southern Christian Leadership Conference," has campaigned for greater
opportunities and better treatment for blacks in both the public and private
sectors. The Movement has employed "lawful picket-lines, parades,
rallies, demonstrations and selective buying campaigns," and "there
have been up to 2500 persons (almost one-half of the city's population)
involved in these activities." Petitioners further state that the efforts
of the Movement have resulted in considerable violence, including shootings and
bombings attempts; and that the intensity of the developing attrition between
the black and white communities was sufficiently newsworthy to warrant
reporting by the national media. However, "save for one isolated
blurb several months ago," Petitioners claim that WSNT has carried no news
whatsoever of these events. These allegations were not denied by
Applicant.
4. Petitioners charge that the
station's admitted policy of abstention from broadcasting any news of the
Movement's activities and the consequences thereof is racially motivated, that
the policy was instituted "because the Movement is a black movement."
Petitioners aver that upon inquiring of James Whaley, the station manager,
petitioner Turner was informed that implementation of the questioned news
policy resulted from a desire to remain neutral, to avoid "taking sides."
5. Petitioners allege that the
station's expressed desire to remain neutral is in no way relevant to its
obligation to inform listeners of significant local events, and directly
contravenes its duty to help alleviate community problems. n3 Further, it is asserted that the station has not
maintained its claimed neutrality. The Department of Health, Education,
and Welfare ordered the integration of the public school facilities of
Washington County, Georgia by February 1, 1970. Governor Lester Maddox
presented a speech in Washington County advocating resistance to the
integration order, and Station WSNT carried the speech live. In contrast,
the station failed to broadcast news of a petition supporting the integration
order signed by 106 black teachers, as well as the fact that a large number of
black demonstrators opposed to Governor Maddox's position was restrained by
state troopers from entering the Washington County High School auditorium where
the governor was presenting his speech. In addition, in their Reply,
Petitioners allege that, but for one incident in which a white man was injured
(having been shot on petitioner Turner's front porch) [*995] all
violence has been directed toward blacks, and so the station's professed
impartiality is in fact discriminatory.
n3 In Office of Communication of the
United Church of Christ et al. v. F.C.C., 359 F. 2d 994, 1004 (D.C. Cir. 1966),
the court states "In a community served by only one outlet, the public
interest focus is perhaps sharper and the need for airing complaints often
greater than where, for example, several... exist." Further, in Red Lion
Broadcasting Co., Inc. v. Federal Communications Commission, 395 U.S. 367
(1969) the Supreme Court emphasizes the power of the Commission" to treat
licensees... as proxies for the entire community, obligated to give suitable
time and attention to matters of great public concern. To condition the
granting or renewal of licenses on a willingness to present representative
community views on controversial issues is consistent with [the First
Amendment]. Congress need not stand idly by and permit those with
licenses to ignore the problems which beset the people...." The Court also
refers to the "twofold duty laid down by the FCC's decisions" that a "broadcaster
must give adequate coverage to public issues... and coverage must be fair in
that it accurately reflects the opposing views... Moreover, the duty must be
met by programming obtained at the licensee's own initiative if available from
no other source."
7. In its Opposition Applicant
takes issue with these allegations, although, as stated above, it does not
contest the factual claims of Petitioners. Applicant refers generally to
the "close cooperation between the management of the radio station and the
black community," and states that its policy of withholding from the air
news of the local racial conflict derives from the Applicant's firm belief that
it thus better serves the cause of peace and harmony. As stated in the
affidavit of WSNT manager James Whaley, attached to the Opposition as Exhibit
1:
When the Black Youth Club and
Southern Christian Leadership Conference began marching and demonstrating in
the city of Sandersville it was decided by the management of WSNT that news
coverage of these events would not serve any good purpose but would tend to
contribute to the cause of violent confrontations between the races. It
was felt by the management that any announcements and news coverage of these
marches and demonstrations would invite outside agitators both black and white
to take part and would serve to promote discord and violence among the citizens
of the community.
As to the broadcast of prior notice
of these events, it was my fear that the advance publicity would serve to
increase the hostile opposition to the event, either black or white, and that
the possibility of violence would be greatly increased. With the [sic]
regard to the broadcast of the events as they were occurring, keeping in mind
the length of the demonstrations and the instantaneous discrimination aspects
of the broadcast media, my beliefs that persons who were not yet involved
either in the demonstration or the opposition, both black and white, might be
induced to participate or observe and thereby compounding the problems in
increasing the possibility that a thoughtless word or deed might lead to
further violence.
It is my belief that rumors,
inability to accurately check the facts in the hostile atmosphere and the wide
dissemination of news contributes [sic] to a general atmosphere of fear,
hostility and confrontation, and there were instances of news reporting by the
National Media, and by some of the newspapers, that was either distorted or not
factual.
This policy was applied equally to
the blacks and to the whites, and as the station did not publicize black
marches and demonstrations, so it did not publicize white counter marches, for
the same reasons...
[After describing the explosive
atmosphere of fear, hatred, and inclination to violence] It is my belief that
this policy helped to defuse a very tense situation, and has contributed in
establishing an atmosphere for the resolution of the issues.
Sandersville, while suffering violence and intimidation on both sides, was not subjected
to the arson, riots, and loss of life that has characterized similar
confrontations between groups of citizens in other parts of the country.
8. In support of its argument,
Applicant attaches to its Opposition affidavits of J. Euree Curry, Sheriff of Washington
County, and James Radney, "a member of the Police Department of
Sandersville, Georgia," who was "in charge of the police force during
the recent periods of violence." Both affiants refer to the seriousness of
the problem, and state their opinion that publicity of the violence might well
have led to more violence. Both also claim that the news reports of the
national media were exaggerated.
9. As the only station
licensed to serve Sandersville, WSNT has a particular responsibility to air major
local problems for the benefit of the community. Applicant cannot simply
refrain from taking any action, thereby effectively ignoring the
situation. Further, if in fact the national media exaggerated and
distorted news of the racial conflict in Sandersville, as alleged by Applicant
in its Opposition, it appears [*996] to us that the station has a
greater obligation to attempt to provide accurate coverage. In addition,
the station's argument that broadcasting news of the racial situation would induce
nonparticipants "both black and white... to participate or observe...
thereby increasing the possibility that a thoughtless word or deed might lead
to further violence," is dubious justification for its inaction,
particularly since the gravity of the situation indicates that few residents of
the station's service area could have remained unaware of the situation.
We recognize that in the midst of disorder a licensee must exercise its
judgment as to the advisability of broadcasting news of the event, in light of
the attendant possibility of attracting crowds of curious spectators whose
presence might compound the problems of the authorities. However, we are
here concerned with Applicant's general practice of suppressing news of
significant local events, and the question of whether Applicant's absolute
silence could serve the public interest.
10. These matters raise
questions both with regard to whether Applicant is meeting its obligation to
serve the public by presenting important local news, and whether Applicant has
failed to comply with the Commission's Fairness Doctrine (as ratified by
Congress in Section 315 of the Communications Act of 1934, as amended) which
imposes upon a licensee the obligation to afford a reasonable opportunity for
the discussion of conflicting views on issues of public importance. The
federal order raised a controversial issue of public importance in the
community, and the station's broadcasting only the governor's point of view
raises the question of whether the station has violated the Fairness Doctrine.
11. As further indications of
Applicant's alleged discriminatory practices and failure generally to serve the
community, Petitioners refer to the survey of community needs and interests
submitted with the above-captioned application for renewal of license.
Despite the gravity of Sandersville's racial conflict, only one interviewee
made any direct reference to it (Mrs. Corine Cuby advocated more jobs for
Negroes); n4 and, further, according to
Petitioners, the four blacks who were consulted (of a total of 26 interviewed)
do not represent the views of the black community. In addition,
"despite the Movement's broad base in the Community," it is stated
that the licensee made no effort to interview any of its members. n5 We cannot discern from the pleadings whether in fact
Applicant did make any good-faith effort to identify those leaders who truly
represent the black citizens of Sandersville and the surrounding area. We
are not suggesting that the licensee is bound to consult with all who claim to
be the principal representatives of community groups. Obviously a
licensee must have broad discretion, and the only question that could arise in
this regard is [*997] whether the licensee made a good-faith effort
to ascertain and consult the principal leaders of representative groups.
n4 Apparently related references by
those interviewed are: "interviewing some of those who have been
intimidated," "communication," "open forums,"
"communications... by informing the people in the community of the real
facts," "fuller coverage of local news," editorializing "on
community affairs and problems... gathering and broadcasting factual
information," "to cover local news more closely... giving more
details on local stories." In its evaluation of "local and area
needs" Applicant lists as seventh (and last) that there is a "need
for better human relations and communications between the races in this area.
n5 The Commission requires that an
applicant consult "a representative range of groups and leaders to give
the applicant a better basis for determining the total needs of the
community." FCC Form 303, Section IV-A, page 8.
12. Petitioners also charge
that the station at one time carried news of the Black Youth Club as a public
service but that it has ceased doing so since the Club became involved in the
Movement. Also, contrary to Applicant's representation in its renewal
application that it follows a policy of making time available to local groups
for discussion of important matters, and that it has notified community leaders
of this fact, Petitioners aver that "it has not made time available to the
Movement, a group that speaks for over half of Sandersville's population."
Further, it is claimed, Applicant has expressly refused to provide time requested
by black leaders with the explanation that it does not want to "take
sides." Petitioners conclude their argument by emphasizing that WSNT
broadcasts basketball and football games of "virtually all white"
Washington County High School, but that the sporting events of Thomas J. Elder
Comprehensive High School, "the black high school," are not
broadcast, despite the predominance of blacks in Sandersville and Washington
County; and Petitioners claim that this further demonstrates the station's
discriminatory policies. Applicant attaches to its Opposition a letter
from C. Williams, principal of Thomas J. Elder Comprehensive High School
(described as "integrated" by Applicant and "the black high
school" by Petitioners) expressing appreciation for the service provided
by WSNT, and stating, "Your treatment of the community activities over the
past several monity contributed to the calmness [sic] and rationality of
community people." n6 Additional supporting documents
include a statement of one Rogers Peeler, "President of the Washington
County Chapter of the NAACP," who writes, "I have not been refused by
WSNT to run any announcement that I have brought in"; and the affidavit of
Gilbert Dean, "a [presumably black] minister and educator in
Sandersville," who acknowledges the "good cooperation" of the
station in providing him much air time. In support of its position
Applicant also attaches to its Opposition a list of "Announcements
Requested by and Made in Behalf of Negro Citizens" from August 1969
through March 1970. n7
n6 Applicant also attaches to its
Opposition copies of two newspaper articles which describe the tense climate of
Sandersville from different points of view. An article from the
Swainsboro, Georgia The People's Voice of January 29, 1970, refers to "the
organized guerillas of the S.C.L.C." who are part of "the Communist
conspiracy," while an article from the Atlanta Journal and Constitution
Magazine of February 1, 1970, is milder in tone and more detailed in its
description of events. Applicant states, "Neither article is used to
establish any of the facts contained in the articles, and the station expressly
disclaims any intent to adopt the views of the respective reporters."
n7 Applicant attaches to its
Opposition written requests from the Black Youth Club (for announcements
regarding the movie commemorating the life of Dr. Martin Luther King, Jr.),
dated March 13, 1970; and from Gilbert Dean (for time to present programs
dealing with children's problems), dated March 11, 1970. In each case
Station WSNT responded in the affirmative. In addition, as cited in
Paragraph 15 of this Order, the principal of the Thomas J. Elder Comprehensive
High School, C. Williams, submitted a letter dated March 19, 1970, wherein he
acknowledged the station's offer to broadcast the school's football and
basketball games. Having occurred subsequent to the filing of the
petition, these matters are entitled to no weight. In the Matter of
Revocation of the Licenses of Asheboro Broadcasting Co. for Broadcast Stations
WGWR-AM-FM, Asheboro, North Carolina, 20 FCC 2d 1 (1969).
13. In their Reply Petitioners
reiterate their contention that the station totally fails in its responsibility
to serve its community of license by following its alleged racially
discriminatory policies. Petitioners [*998] take issue with
most of the particulars offered by the applicant in defense of its
practices. First, Petitioners dispute the claim in James Whaley's
affidavit that he and petitioner Turner had never discussed the station's news
policy, contrary to information contained in the Petition. Petitioners
state that, upon hearing WSNT broadcast news of the prosecution in Atlanta of
Hosea Williams, a prominent SCLC official, for driving while intoxicated,
Turner called Whaley to inquire why WSNT would carry a news item which
presented Mr. Williams in an unfavorable light, whereas it refused to broadcast
any news of the activities of local blacks. The Reply continues that
Turner then requested that the station announce a forthcoming Movement meeting
and mass demonstration, but was told again that the station could not take
sides. Relative to this incident, Petitioners allege that the statement
in the Opposition that the station has continued to serve the Black Youth Club
is false. According to Petitioners WSNT refused to announce, among
others, a mass meeting in December of 1969, and "because of the station's
pattern of refusing to carry the news and announcements of the Movement... the
Petitioners abandoned the futile gesture of making requests." As set out
in Paragraph 7 above, James Whaley, the station manager, contends that refusal
to carry news of future events is justified by the possibility of intensified
hostility and violence. In addition, Petitioners charge Applicant with filing
false information in that its reported announcement of a Black Youth Club dance
on November 14, 1969, coincides with no such function of the Club on or about
that date.
14. Further, among the many
announcements listed by WSNT as having been broadcast on behalf of local blacks
are two "Stay in School" announcements of January 6 and 7, 1970, by
Gilbert Dean. Petitioners assert that Dean is the truant officer of
"black" Thomas J. Elder Comprehensive High School, that the Movement
had called for a school boycott on those particular days, and that Dean's
"announcements clearly represent one side of the issue," so that the
station again violated its claimed neutrality.
15. In response to
Petitioners' original charge with reference to the station's broadcasting
athletic events of the "white" high school only, Applicant filed
as an exhibit to its Opposition the aforementioned letter dated March 19,
1970, from C. Williams, principal of the "black" high school, which
contains the following: "We appreciate your offer to broadcast our
football and basketball games, as of the school term 1968-69, whenever we make
the necessary arrangements with our sponsors." n8 In their Reply Petitioners suggest that this is
further evidence of the station's pattern of racial discrimination, for
presumably sponsorship of the "white" high school events was arranged
by James Whaley, the station manager, while the burden of securing sponsorship
for Thomas J. Elder events appears to lie with the school itself. Thus, the
pleadings raise the question of whether Applicant has failed to provide service
to its whole community.
n8 It is presumed that the intended
dates are 1970-71, not 1968-69.
16. Based on the foregoing it
appears that substantial and material questions of fact have been raised
relative to whether Applicant has served the public interest, convenience and
necessity of its community [*999] of license. The pleadings
raise substantial questions regarding Applicant's performance with reference to
its obligation to keep the public informed of important local news and to
promote discussion of substantial local issues, especially bearing in mind that
WSNT is the only broadcast facility licensed to Sandersville. Additional
issues raised include the adequacy of Applicant's survey of community needs and
interests, whether Applicant has engaged in a pattern of racial discrimination
in its programming, and whether Applicant has failed to meet the
responsibilities imposed by the Fairness Doctrine to afford a reasonable
opportunity for the discussion of conflicting views on issues of public
importance. We conclude that an evidentiary hearing is required to insure
the development of a full record.
17. Accordingly, IT IS ORDERED
That, pursuant to Section 309(e) of the Communications Act of 1934, as amended,
the above captioned application IS DESIGNATED FOR HEARING to be held at
Sandersville, Georgia at a time to be specified in a subsequent Order, upon the
following issues:
(1) To determine whether Applicant
has made a meaningful effort to ascertain the needs and interests of the public
served by its station; n9
n9 The phrase "needs and
interests" is deemed to be generally synonymous with "community
problems."
(2) To determine whether Applicant
has followed a racially discriminatory policy in its overall programming,
thereby failing to serve the substantial black community in its service area;
(3) To determine whether Applicant
has failed to serve the needs and interests of its community of license with
respect to its policy of suppressing news coverage of local events;
(4) To determine whether Applicant
has complied with the Fairness Doctrine by affording a reasonable opportunity
for the discussion of conflicting views on controversial issues of public
importance to its community;
(5) To determine whether Applicant
has afforded reasonable opportunity for the use of its broadcasting facilities
by the significant groups comprising the community of its service area;
(6) To determine whether in light of
all the evidence a grant of the application for renewal of license of Station
WSNT would serve the public interest, convenience and necessity.
18. IT IS FURTHER ORDERED,
That the Petition of Arnold Hayes, Richard Turner, the Southern Christian
Leadership Conference, and the Black Youth Club of Sandersville, Georgia
insofar as it seeks a hearing on the application herein is granted. n10
n10 Furthermore, it is noted that on
September 1, 1970, petitioners filed a Supplemental Pleading to their April 17,
1970, Reply to the licensee's Opposition to their Petition to Deny. Since
the Commission's determination herein renders any ruling on the Supplemental
Pleading unnecessary, no useful purpose would be served by setting forth in
detail the arguments delineated in the Supplemental Pleading at this time.
However, it is noted that petitioners assert that WSNT's license renewal
application should be denied or designated for hearing in view of the
Commission's August 5, 1970, letter to Gary Soucie, Friends of the Earth (FCC
70-862), wherein it was stated that licensees cannot ignore "burning
issues." Also, pursuant to three consecutive joint motions filed by
Petitioners and Applicant, the Commission withheld action in this matter to
allow the parties an opportunity to negotiate their differences. However,
documents filed separately by Petitioners and Applicant indicate that
negotiations have been terminated and that no agreement has been reached.
We also have before us an amendment to its application filed by Applicant on
February 16, 1971, which reflects proposed changes in its news, public service,
public affairs, and employment policies.
[*1000] 19. IT IS
FURTHER ORDERED, That Petitioners Arnold Hayes, Richard Turner, the Southern
Christian Leadership Conference and the Black Youth Club of Sandersville,
Georgia be made parties to the hearing.
20. IT IS FURTHER ORDERED,
That in accordance with Section 309(e) of the Act the burden of going forward
with the evidence in the first instance shall be on Petitioners as to issues
(1), (2), (3), (4), and (5), with the Broadcast Bureau following with evidence
in its possession relevant to those issues. Applicant has the ultimate
burden of establishing that it possesses the requisite qualifications to be a
licensee and that a grant of its application for renewal of license would serve
the public interest, convenience and necessity.
21. IT IS FURTHER ORDERED,
That to avail themselves of the opportunity to be heard, Applicant and
Petitioners herein, pursuant to Section 1.221(e) of the Commission's Rules and
Regulations, in person or by attorney, shall within twenty (20) days of the
mailing of this Order, file with the Commission, in triplicate, a written
appearance stating an intention to appear on the date set for the hearing and
present evidence on the issues specified in this Order.
22. IT IS FURTHER ORDERED,
That Applicant shall, pursuant to Section 311(a)(2) of the Communications Act
of 1934, as amended, and Section 1.594 of the Commission's Rules and
Regulations, give notice of the hearing within the time and in the manner
prescribed in said Rule, and shall advise the Commission of the publication
thereof as required by Section 1.594 of the Commission's Rules and Regulations.
FEDERAL
COMMUNICATIONS COMMISSION, BEN WAPLE, Secretary.
CONCUR:
[*1001]
I concur in the designation of this
renewal application for hearing, and join in the majority's designation
order. I believe it important to indicate my views on the procedures in hearing
cases for the participation of public interest groups who have persuaded the
Commission that a hearing on an application is required.
As the Commission is coming more and
more to recognize, public interest groups have undertaken to supply on a local
level the scrutiny of applications that the Commission simply has been unable
to do for a variety of reasons. Cf., In Re KCMC, Inc., 25 F.C.C. 2d 603,
605 (1970). I believe we are adopting a more responsive attitude to the
participation of community groups. But we must also recognize that these
groups for the most part are underfinanced and often unable to thoroughly
prosecute a case in hearing. The sensible and realistic approach to take
in these circumstances would be to treat cases designated for hearing on the
basis of petitions to deny filed by public interest groups as if the Commission
staff itself had conducted the investigation which led to the hearing
order. In that circumstance, the hearing staff of the Broadcast Bureau
would have the full responsibility for the prosecution of the case.
I would hold that public interest
intervenors have at least three options once they have persuaded the Commission
that a hearing is required on an application.
(1) The public interest intervenor
can participate fully in the hearing and its subsequent development before the
Commission.
(2) The public interest intervenor
can formally participate in only part of the proceedings -- at hearing, or in amicus
briefs to the examiner or the Commission or in oral argument, or in any
combination he wishes.
(3) The public interest intervenor
need only participate to the extent of cooperating with the Broadcast Bureau
hearing staff, supplying information as our staff feels it is necessary, and in
effect becoming part of the Broadcast Bureau's case.
Whatever role the public interest
intervenor chooses, the ultimate burden for prosecuting the case rests on the
Broadcast Bureau staff once specific issues are designated in the case.
The Commission's responsibility for
full exploration of the issues specified in a hearing order cannot be
delegated, and it is immaterial whether the issues were first raised by outside
parties or by the Commission's own investigation. If the Commission fails
to fully explore hearing issues, or relies on some alleged procedural
"failure to meet its burden" by some public interest group on an
issue, I believe the Commission would commit reversible error. Only if
the Commission has fully explored an issue through its own staff in hearing can
it decide that no adverse conclusion is warranted. I believe these
procedural standards are compelled by a realistic evaluation of the resources
that public interest groups have available to them, hard pressed as they are to
even meet the threshold burden of forcing a hearing before a sometimes
unsympathetic Commission. More importantly, I believe this must be our
position under a reading of the severe criticism of the Commission's actions in
the second United Church of Christ case ( Office of Communication of the United
Church of Christ v. F.C.C., 425 F. 2d 543 (D.C. Cir., 1969)).
DISSENTBY:
BARTLEY
DISSENT:
DISSENTING STATEMENT OF COMMISSIONER
ROBERT T. BARTLEY
Petitioners' basic complaint is that
WSNT did not broadcast promotional announcements of, or news reports on, the
"Movement's" activities which involved substantial violence in the
community. WSNT has made an uncontroverted showing that it has broadcast
other promotional announcements and news reports on the SCLC and Black Boys
Club, as well as other black organizations. A letter from the President
of the Washington County Chapter of the NAACP, Rogers Peeler, states that,
"I have not been refused by WSNT to run any announcement that I have
brought it." It is not a question here of the station's refusing or
failing to give time to petitioners' groups. The question is WSNT's
judgment that the public interest of Sandersville would be served better by not
broadcasting matters which promoted and inflamed the violence surrounding the
"Movement's" activities in question. WSNT has submitted letters
from the Sheriff of Washington County and from the public official of
Sandersville in charge during the periods of violence, in which they state that
widespread publicity of the violence might have led to further violence.
The licensee determined, under the
circumstances, that the public interest of Sandersville would be served better
by the policy pursued. I am not prepared to substitute my judgment for
the licensee's.
I would grant WSNT's renewal.