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Additional material submitted for the record by-
Columbia Broadcasting System, Inc:

Advertising billings of WBBM-TV special reports in newspapers,
January 1, 1967 through June 25, 1968---

Chicago metropolitan area ratings, October-December 1967,
prepared for station WBBM-TV by ARB and NSI_
Employment record of John Missett by station WBBM-TV.
Letter dated July 3, 1968, re communications within the attorney-
client privilege..

Letter of Transmittal and schedule of items, dated April 29, 1968,
re material requested in subpena dated April 18, 1968, served
on Edward R. Kenefick, general manager, WBBM-TV_
LSD incident, WBBM-TV coverage of..

Page

208

151

201

146

94

298

Map of Northwestern University, Evanston (Ill.) campus. facing p. 162
Memorandum of interview on November 17, 1967, between
Messrs. Kenefick, Ferrante, and Morsch, of WBBM-TV, and
Messrs. Kelly and Kane, of the Special Subcommittee on In-
vestigations, Committee on Interstate and Foreign Commerce__
Personnel employed by the CBS television stations division and
by CBS..

Student status of participants in pot party, statement on------
Federal Communications Commission:

Budgetary requirements and related functions of the Commission,
statement by Chairman Rosel H. Hyde, August 21, 1968___
Letter dated June 12, 1968, to Hon. Milton Eisenhower re
violence in television programing..

Summary of license renewal hearing in the case of A. O. Richards
stations: KMPC, Los Angeles, WJR, Detroit, and KMPC,
Cleveland_

Special Subcommittee on Investigations, Committee on Interstate and
Foreign Commerce:

Advertisement for "Pot Party at a University" appearing in the
November 1, 1967, issue of four Chicago daily newspapers--
Affidavit of—

Malcolm B. Spector, dated November 22, 1967-
Jerome Ginsburg, dated April 2, 1968-.
Daniel H. Garrison, dated May 10, 1968-

Calling card of A. G. Gilbert, engineer-in-charge, FCC field
engineering office, Miami, Fla.__

Correspondence between Chairman Harley O. Staggers and FCC
Chairman Rosel H. Hyde__---

223

163

206

349

332

338

6

53

79

357

71

309-314

Credentials of chief investigator James P. Kelly and staff inves-
tigator William D. Kane, Special Subcommittee on Investiga-
tions, Committee on Interstate and Foreign Commerce--
Immunity from prosecution, authority of congressional commit-
tee to grant witness:

Memorandum from Legislative Reference Service, Library
of Congress, citing arguments for the existence of an
inherent power in each House of Congress to compel tes-
timony of witnesses who claim privilege against self-incrim-
ination__

Basis of the power of the Special Subcommittee on Inves-
tigations to grant immunity to witnesses.

Letter dated April 29, 1968, from Chairman Staggers to Hon.
Rosel H. Hyde, requesting material supplied to the FCC by
station WBBM-TV in connection with the broadcast of "Pot
Party at a University".

Reply from the Federal Communications Commission dated
May 2, 1968, submitting requested items_

Letter dated May 6, 1968, from Control Data Corp., submitting
rating survey taken November 2, 1967, for station WBBM-TV-

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Subpena dated April 18, 1968, served on Edward R. Kenefick,
vice president and general manager, WBBM-TV, to submit
to the subcommittee 13 specified items.

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DECEPTIVE PROGRAMING PRACTICES

MONDAY, APRIL 15, 1968

HOUSE OF REPRESENTATIVES,

SPECIAL SUBCOMMITTEE ON INVESTIGATIONS,
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE,

Chicago, Ill.

The subcommittee met at 10:45 a.m., pursuant to notice, in room 1620, Federal Building, Chicago, Ill., Hon. John E. Moss presiding (Hon. Harley O. Staggers, chairman of the subcommittee).

(Hearings taken at executive session on April 15, 1968, released by action taken by full committee on July 3, 1968, except those portions, as indicated, listing names of "Pot Party" participants who did not appear as witnesses.)

Mr. Moss. The committee will now be in order.

I would like at this point to make a statement.

The witnesses summoned here today by subpena have declared their intentions of taking the fifth amendment on the ground their testimony might incriminate or degrade them. Because of these circumstances, and, in accordance with the applicable House rules, these hearings today will be in executive session, and none of the testimony or evidences received in this session will be made public unless and until the full House Committee on Interstate and Foreign Commerce authorizes its release.

At this point, I should like to have the record show that each witness before us has, prior to his appearance here today, been furnished with a copy of rule XI, 26, Rules of the House of Representatives, a copy of section 136 of the Reorganization Act of 1946, a copy of House Resolution 168, 90th Congress, together with a copy of this opening

statement.

At this point I will supply for the record a copy of the publication containing the rules and resolution just referred to. (The documents referred to follow :)

RULE XI, PAR. 26, RULES OF THE HOUSE OF REPRESENTATIVES

(a) The rules of the House are the rules of its committees so far as applicable, except that a motion to recess from day to day is a motion of high privilege in committees. Committees may adopt additional rules not inconsistent therewith.

(b) Each committee shall keep a complete record of all committee action. Such record shall include a record of the votes on any question on which a record vote is demanded.

(c) All committee hearings, records, data, charts, and files shall be kept separate and distinct from the congressional office records of the Member serving as chairman of the committee; and such records shall be the property of the House and all Members of the House shall have access to such records. Each committee is authorized to have printed and bound testimony and other data presented at hearings held by the committee.

(1)

(d) It shall be the duty of the chairman of each committee to report or cause to be reported promptly to the House any measure approved by his committee and to take or cause to be taken necessary steps to bring the matter to a vote. (e) No measure or recommendation shall be reported from any committee unless a majority of the committee were actually present.

(f) Each committee shall, so far as practicable, require all witnesses appearing before it to file in advance written statements of their proposed testimony, and to limit their oral presentation to brief summaries of their argument. The staff of each committee shall prepare digests of such statements for the use of committee members.

(g) All hearings conducted by standing committees or their subcommittees shall be open to the public, except executive sessions for marking up bills or for voting or where the committee by a majority vote orders an executive session. (h) Each committee may fix the number of its members to constitute a quorum for taking testimony and receiving evidence, which shall be not less than two. (i) The chairman at an investigative hearing shall announce in an opening statement the subject of the investigation.

(j) A copy of the committee rules, if any, and paragraph 26 of rule XI of the House of Representatives shall be made available to the witness.

(k) Witnesses at investigative hearings may be accompanied by their own counsel for the purpose of advising them concerning their constitutional rights. (1) The chairman may punish breaches of order and decorum, and of professional ethics on the part of counsel, by censure and exclusion from the hearings; and the committee may cite the offender to the House for contempt.

(m) If the committee determines that evidence or testimony at an investigative hearing may tend to defame, degrade, or incriminate any person, it shall— (1) receive such evidence or testimony in executive session;

(2) afford such person an opportunity voluntarily to appear as a witness; and

(3) receive and dispose of requests from such person to subpena additional witnesses.

(n) Except as provided in paragraph (m), the chairman shall receive and the committee shall dispose of requests to subpena additional witnesses.

(0) No evidence or testimony taken in executive session may be released or used in public sessions without the consent of the committee.

(p) In the discretion of the committee, witnesses may submit brief and pertinent sworn statements in writing for inclusion in the record. The committee is the sole judge of the pertinency of testimony and evidence adduced at its hearing. (q) Upon payment of the cost thereof, a witness may obtain a transcript copy of his testimony given at a public session or, if given at an executive session, when authorized by the committee.

SECTION 136 OF THE LEGISLATIVE REORGANIZATION ACT OF 1946, 60 STAT. 812

LEGISLATIVE OVERSIGHT BY STANDING COMMITTEES

SEC. 136. To assist the Congress in appraising the administration of the laws and in developing such amendments or related legislation as it may deem necessary, each standing committee of the Senate and the House of Representatives shall exercise continuous watchfulness of the execution by the administrative agencies concerned of any laws, the subject matter of which is within the jurisdiction of such committee; and, for that purpose, shall study all pertinent reports and data submitted to the Congress by the agencies in the executive branch of the Government.

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