Evening star., 1951-05-30
Reconsideration Still Advisable

Reconsideration Still Advisable
Supreme Court Justice Frankfurter is right
in his opinion that he is mot alone In enter
tanning doubts about the wisdom Of the Federal
Communications Commissions decision In favor
OF the Columbia Broadcasting Systems method
Of color televiSion. The lower court and the
FEC itself lacked unaninity in this highly con-
troversial case. The doubt and confusion which
have beset the televison industry and the general
public are not apt to be cleared away by the
careful language Of the eight Supreme Court
justices who upheld the findings Of the lower
court and the FEC majority. For even the ma
jority ruling of the high tribunal tends to raise
doubts as to the soundness of the FEC position.
Justice Black, speaking for the majority,
sustained the right OF the FEC to choose the
CHS Incompatible" color TV system over COM
peting compatible" systems tFsadio Corporation
of America and Color Television Inc9 and
rejected RCA's contention that FEC had been
arbitrary and capricious' In the matter But
the majority, at the same time, stated: There
Is no doubt but that compatible color tele-
vision system would be desirable" It added
ut is true that the choice between adopting
standards for color TV) now or at later date
was not free from difficulties. Moreover the
wisdom OF the decision made can be contested,
as Is shown In the dissenting opinions of two
FCC) commissioners. But courts should not
overrule an administrative decision merely
because they disagree with It's wisdoni."9 is
Describing himself as a dubitante (doubtery.
Justice Frankfurter said his doubts about the
case are based on the Assumption underlying
our system of regulation" that "the national
interest will be furthered by the fullest possible
use of competition, He said: "At some point Of
course, the commission must fix standards limit
ing competition. But once those standards are
fixed, the incentive for improvement is relaxed.
1t Is obvious that the money spent by the public
to adapt and convert the millions OF sets now
In use may well make the commission reluctant
to sanction new and better standards for color
pictures If those standards would outmode re-
ceiying systems already in use And even If the
commission is willing to adopt second, incon-
sstent set OF color televiSion standards sometime
in the future, the result will be economic waste
on vast scale And all for what end? And for
what overriding gain?"
Justice Frankfurter, like many other persons
could not understand the commissions refusal
to wait any longer for color TV research and
development. He said he had heard or read
nothing that would give him any hint "as to
the public interest that brooks no delay in
getting color television, even though the method
by which it will get 1t is itrinsically undesirable
inevitably limits the possibilities Of an improved
system, or, in any event leads to potential great
economic waste"
The principal undesirable aspect of the CHS
system is that it is incompatible" with present
black d-white television-that is, color broad
casts cannot be received In black-and-white on
conventional sets without converter The RCA
color pictures, on the other hand, can be re-
ceived In black and white without added equip
ment or adjustment. The CHS system also, for
the time being requires bulky tri-color spinning
disc to provide color. The RCA method makes
use OF an electronic tube (which could be used
on the CHS Set too If 1t were available). That
the CHS converter-and-disc system provided
better quality color pictures than the RCA sys-
tenn at the time of the FEC studies is generally
conceded. However, RCA recently demonstrated
greatly improved set, said by some observers
to compare favorably with the CHS pictures
The manufacturing industry is understandably
reluctant to 90 ahead with CHS color in view
OF the imminent prospect Of perfection Of q
compatible color system. It wants to be sure
that its investment will not be thrown out the
window by Second, inconsistent set of color
television standards" In the near future Besides
the industry can Ill afford to divert strategic
materials into such an uncertain field In this
period Of defense expansion
Under the circumstances, the rec although
1t has won its case, would better serve the public
interest If 1T deferred formal adoption of color
standards, pending reconsideration OF the whole
subject-including review of the latest progress
Of competing systems