Evening star., 1951-03-27
Supreme Court Hears
PerIman Defend FEC
CoIor-N Ruling Today
By WiIIiom A. MiIIen

Solicitor General Philip B.
Perlman was ready today to tell
the Supreme Court why it should
uphold the Federal Communica-
tions Commission, which has ia
vored the Columbia Broadcasting
Systems color television plan.
Attorney Samuel I. Rosenman,
CHS counsel, who was to COM
plete his argument when the court
met at noon. had before him this
query of Justice Felix Frank
furter:
How far can scientific develop
ment in a fast-growing field be
foreclosed by a Government COM
mission, which is not composed Of
experts?"
Mr., Rosenman told the Su-
preme Court yesterday afternoon
that the FEC made its decision
after viewing the competing TV-
color systems first hand, in addi-
ton to hearing the evidence. Fur
'thermore, he pointed out, the gen.
eral public viewed CHS color-TV
at the Walker Building, 734 Fiji
teenth street NV, and then filed
out questionnaires expressing
opinions.
Cites RCA Difficulties.
The CHS attorney also brought
out that the Radio Corp. of Amer
lea, which uses a new tri-color
tube now in it's color-TV system,
possesses no field camera to broad
cast in color such events as the
Kefauver Crime Committee hear
ing. He said such an undertak-
ing for RCA would present ccm-
|plex technical problems, because
'of the precision its system requires
for camera. rf
But he explained CHS has used
ia field camera successfully, and it
has been tested in picking up
athletic and other events. The
CHS system is based, on the use
of mechanical colored wheel.
Mr.. Rosenman argued to the
court that RCA could not get a
baseball game on its color TV and
that the FEC found that it could
offer the public only programs
from its studios. He said this was
another reason why the commits
sion was within its authority in
deciding as it did for CHS. -,.
The lawyer told the tribunal
there is only one set of broadcast
ing standards for black and white
television.
Yet, he said, for the first time
in its history, the FEC is being
asked by RCA to depart from its
traditional practice and require
the public to decide whether it
wants the CHS or RCA color sys-
TEN.
Both Systems Not Suggested.
No one suggested both color Tv
systems be adopted at the FEC
hearing, Mr.. Rosenman asserted.
For the first time in Chicago at
the special three-judge District
Court hearing, RCA advanced the
proposal for two color TV systems,
he contended. That court, by a
2-to-1 decision, ruled in favor Of
cBS but held up color telecasts
until the Supreme Court had an
opportunity to decide.
A person desiring to receive
color TV under a dual system
would have to choose a special
receiver to get only one kind and
buy that set, Mr.. Rosenman main
tanned. He said the FEC felt it
was probable that the RCA system
would never work.
The CHS TV-color plan can be
broadcast by others than CHS, the
lawyer pointed out to the court.
Earlier the court heard Attorney
John T. Cahill, for RCA. complete
his argument. He said the FEC
decision bans freedom of compe-
tition. The CHS chief engineer
at the FEC hearing, he declared,
conceded that nobody would be
hurt by the RCA system. Mr..
Cahill quoted FEC members as
saying the RCA color system has
improved.
Mr.. Cahill urged the court to
let the public make the decision.
He reminded the tribunal that
RCA has trade name for turning
out good merchandise. He de-
clared RCA does not create elec-
trical confusion in the air by its
color system and contended it is
impossible to broadcast CHS color
and existing black and white at
the same time.