FCC Reports, Second Series, Volume 58, March 12, 1976 to May 7, 1976 Page: 56

                                
56        Federal Communications Commission Reports
WOTW commitment appeared to be a repetition of the Commission's
Public Notice on Foreign Language Programs, 9 RR 2d 1901 (1967).
16. In addition to the maximum amount of commercial content in
any hour, WOTW stated that Mr. and Mrs. Lagios, who conduct the
Greek program would be required to be familiar with the Commis-
sion's Rules, Policies and Notices, etc., that Eastminster would receive
regular reports on the program; that a tape library would be kept of all
broadcasts; that Eastminster would require English translations of the
programs in advance of broadcast. The record reflects that commercial
content on the Sunday Greek program regularly exceeded the East-
minster commitment as to total commercial matter. For example, com-
mercials on January 17, 1972, between 9:00 a.m. and 10:00 a.m. were 27
minutes, 27 seconds as monitored and on March 12, 1972, 25 minutes 11
seconds of commercial matter was monitored. Further, the station pro-
gram logs did not agree with the monitored time of the Greek program
commercials. For example, on March 12, 1972 between 8:30 a.m. and
10:11 a.m., there were 34 minutes of commercial matter shown in the
station log but the monitored duration of such commercial matter was
40 minutes 11 seconds. The findings of fact will not be repeated on
WOTW's 1968 renewal of license promise versus performance. It is
clear that commercials were never timed. 8 Mr. and Mrs. Lagios were
never aprized of any FCC Rules or Policies by WOTW and Mr. and
Mrs. Lagios believed their program was "specialized" and therefore
exempt from any time limit on commercials. There was no supervision
by WOTW    over the Greek program and only occasional tapes were
made of the broadcast which were erased after several weeks. No
reports were ever made at a board of directors meeting and the moni-
toring by Mr. Fokas, an Eastminster stockholder and director, did little
more than anyone of Greek heritage would have done for a Greek
ethnic program. He listened to the program and liked it. The Lagios'
program was a popular and established program in Southern New
Hampshire when it moved to WOTW in 1964. Mr. Bronstein negotiated
the move to Eastminster because of its known track record and of his
desire to obtain revenue for Eastminster. Revenue produced by this
program was divided 50-50 between Mr. and Mrs. Lagios and Eastmin-
ster. The Bureau attaches as the motive of Eastminster to obtain this
program the need for money which overshadowed all responsibility to
the Commission. The Presiding Judge is unable to attribute such a
sinister intent to Mr. Bronstein. Without question, Mr. Bronstein
wanted the Greek program and the revenue it would produce which is
an understandable desire of any commercial enterprise. However, this
does not dictate a conclusion that Mr. Bronstein and Eastminster were
willing to violate any Commission Rule or Eastminster commitment to
the Commission to achieve that end. Rather, it demonstrates that
Eastminster has recited without attention to meaning, and almost by
rote statements in its renewal application which would, if true, avoid
any conflict with Commission Rules or Policies. It is of no consequence
who prepared the elaborate and precise commitments in the renewal
IS Just how Mr. and Mrs. Lagios sold 1 minute and 30 second commercials is not clear as their sales
promotion was in terms of a good commercial with numerous departures from the written text. Also
the commercials were routinely given in the Greek and English language which alone virtually
dictated excessive commercial matter.
58 F.C.C. 2d