(c) For each of the next five (5) converted hours in such week, twenty percent (20%); (d) For all converted hours in excess of the first fifteen (15) in such week, thirty-five percent (35%); No other modifications of the form are made. C. The affiliation agreement of KCMO-TV, Kansas City, Mo., channel 5, effective January 24, 1955, consists of the standard primary affiliation form with the special schedule A containing the following compensation scale: (a) For each of the first five (5) converted hours in each week, no payment; (b) For each of the next twenty-five (25) converted hours in such week, thirty-three and one-third percent (33%); (c) For all converted hours in excess of the first thirty (30) converted hours in such week, thirty-five percent (35%); no other modifications of the standard form are made. D. The affiliation agreement of— WTAR-TV, Norfolk, Va., channel 3, effective September 27, 1955, consists of the standard primary affiliation agreement with the special schedule A containing the following compensation scale: (a) For the first five (5) converted hours in each week, ten percent (10%); (b) For the next five (5) converted hours in such week, twenty percent (20%); (c) For all converted hours in excess of ten (10) hours in such week, thirty-five percent (35%). This agreement is further modified by the following: a. Paragraph 2 is omitted, having the effect of requiring "no option time" of the affiliate; b. Paragraph 16 is amended to omit the termination clause as set forth in section 6 above; c. Paragraph VIII of the special schedule A is omitted. E. The affiliation agreement of WHBF-TV, Rock Island, Ill., channel 4, effective July 1, 1955, consists of the standard primary affiliation form with the special schedule A containing the following compensation scale: (a) For the first five (5) converted hours in each week, ten percent (10%); (b) For the next five (5) converted hours in such week, twenty percent (20%); (c) For all converted hours in excess of ten (10) in such week, thirty-five percent (35%). No other modifications of the standard form are made. F. The affiliation agreement of KFMB-TV, San Diego, Calif., channel 8, effective March 30, 1956, consists of the standard primary affiliation form with the special schedule A containing the following compensation scale: (a) For the first five (5) hours in each week, thirty percent (30%); (b) For the next ten (10) hours in such week, thirty-three and one-third percent (33%); (e) For all hours in excess of fifteen (15) hours in such week, thirty-five percent (35%). This agreement is further modified only by the following: a. Paragraph 16 is amended to omit the termination clause as set in section 6 above; b. Paragraph VIII of the special schedule A is omitted; c. The special schedule A is amended to add the following paragraphs: VIII. The obligations of CBS Television hereunder are contingent upon its ability to make arrangements satisfactory to it for facilities for transmitting CBS Television network programs to Mount Wilson, California. IX. Station agrees to take off the air from the KNXT transmitter atop Mount Wilson and broadcast through its own facilities all at Station's expense such programs as are offered by CBS Television and accepted by Station as herein elsewhere provided. G. The affiliation agreement of— WHEN-TV, Syracuse, N. Y., channel 8, effective December 1, 1955, consists of the standard primary affiliation form with the special schedule A containing the following compensation scale: (a) For the first five (5) converted hours in each week, no payment; (b) For the next twenty-five (25) converted hours in such week, thirtythree and one-third percent (33%); (c) For all converted hours in excess of thirty (30) in such week thirtyfive percent (35%); No other modifications of the standard form exist. § 25. Sliding scale-36 percent top.-The affiliation agreement of— WBNS-TV, Columbus, Ohio, channel 10, effective October 1, 1955, consists of the standard primary affiliation form with the special schedule A containing the following compensation scale: (a) for the first five (5) converted hours in each week, ten percent (10%); (b) for the next five (5) converted hours in such week, twenty percent (20%); (c) for the next five (5) converted hours in such week, thirty percent (30%); (d) for the next ten (10) converted hours in such week, thirty-four percent (34%); (e) for all converted hours in excess of twenty-five in such week, thirtysix percent (36%); This agreement is further modified only by the amendment of para-graph 16 to omit the termination clause so that it reads as set forth in section 6 above. § 26. Sliding scale-372 percent top.-A. The affiliation agreement of 1954, WBRC-TV, Birmingham, Ala., channel 6, effective July 4, consists of the standard primary affiliation form containing the following compensation scale: (a) For the first five (5) converted hours in each week, ten percent (10%). (b) For the next five (5) converted hours in such week, twenty percent (20%). (c) For all converted hours in excess of ten (10) in such week, thirtyseven and one-half (37%). This agreement is further modified only by the following: a. Paragraph 15 is amended to read as follows: 15. As of the beginning of the term hereof, this Agreement takes the place of, and is substituted for, any and all television affiliation agreements 1 heretofore existing between the parties hereto concerning the market area to which this Agreement relates, subject only to the fulfillment of any accrued obligations thereunder. b. Paragraph 16 is amended to omit both the automatic renewal clause and the termination clause so that it reads as set forth in section 7 above. B. The affiliation agreement of WXEL-TV, Cleveland, Ohio, channel 8, effective March 2, 1955, consists of the standard primary affiliation form with the special schedule A containing the following compensation scale: (a) For the first five (5) converted hours in each week, ten percent (10%); (b) For the next five (5) converted hours in such week, twenty percent (20%). (c) For all converted hours in excess of ten (10) in such week, thirtyseven and one-half percent (371⁄2%); this agreement is further modified only by the following: a. Paragraph 16 is amended to read as follows: The term of this agreement shall begin on March 2, 1955, and shall continue until October 8, 19----; b. The agreement is modified by the following letter: STORER BROADCASTING Co., JUNE 7, 1956. 1177 Kane Concourse, Miami Beach, Fla. GENTLEMEN: Reference is made to the television affiliation agreement entered into between Empire Coil Co., 1630 Euclid Avenue, Cleveland, Ohio, and us dated March 30, 1956, and relating to television station WXEL at Cleveland, Ohio. You have notified us that Empire Coil Co., your wholly owned subsidiary, has been dissolved and that you have succeeded to its rights and liabilities and that the call letters of station WXEL have been changed to WJW-TV. In order to reflect the same in our agreement, you and we hereby agree that the said agreement shall be and the same hereby is amended as follows: 1. The first paragraph of the said agreement shall be changed to read as follows: "Agreement made this 30th day of March 1956, by and between CBS Television, a Division of Columbia Broadcasting System, Inc., 485 Madison Avenue, New York 22, New York (herein called 'CBS Television') and Storer Broadcasting Company, 1177 Kane Concourse, Miami Beach, Florida (herein called 'Station'), licensed to operate television station WJW-TV at Cleveland, Ohio, full time on a frequency of 180-186 MC. on Channel No. 8. 2. The name at the bottom of page 3 of the said agreement shall be changed from "Empire Coil Co." to "Storer Broadcasting Co." 3. The first two lines of schedule A shall be changed to read as follows: "(Attached to and forming a part of the agreement between CBS Television and Storer Broadcasting Company, dated March 30, 1956, relating to Station WJW-TV." As herein amended, the said agreement is in all respects ratified and confirmed. 1 With reference to Station WBRC-TV at Birmingham, Ala. Kindly execute this letter and the enclosed copies thereof in the lower lefthand corner and return the same to us. Very truly yours, CBS TELEVISION, a Division of By Accepted and agreed: We refer to our affiliation agreement with you dated March 23, 1955, relating to station KTVF. It is hereby agreed that, effective June 1, 1955, said agreement is amended and supplemented as follows: 1. From time to time we will, subject to the approval of the network sponsor thereof, offer to you television programs which have been included in our extended program service plan and, subject to the conditions hereinafter set forth, you shall have the right to broadcast such programs by giving us written notice of your acceptance thereof not later than 10 days after your receipt of our offer thereof, it being understood that you shall be under no obligation to accept or broadcast any such programs. 2. All programs offered pursuant to the terms hereof are for sustaining use only and you agree that you will not permit any aural or visual announcement to be made, either in the course of such programs or otherwise which may directly or indirectly imply the sponsorship thereof by any sponsor, provided, however, that you may, of course, insert public-service messages and/or program promotion announcements in such programs in those places wherein the commercial message has been deleted. 3. Programs accepted by you hereunder may be delivered by us over coaxial cable or radio relay transmission lines or in the form of TV recordings, as we may from time to time elect. 4. You shall have the right to broadcast the programs accepted by you hereunder only on the days and at the times specified in our offer thereof, and you agree to make no other use thereof. 5. You agree to return to us, or forward as per our instructions, shipping expenses prepaid, immediately following a single broadcast thereof, to such place as we may direct, and in the same condition as received by you, ordinary wear and tear excepted, each print or copy of TV recordings furnished here under, together with the reels and containers furnished therewith. 6. You agree to pay us, with respect to each program accepted hereunder which is (a) delivered over coaxial cable or radio relay transmission lines, such costs, if any, as we may be required to pay to interconnect your station for the broadcast thereof at the time specified by us, (b) delivered in the form of a TV recording, the sum of Ten Dollars ($10) per recording. 7. With respect to offers of TV recordings accepted by you hereunder (a) you agree that your acceptance shall be for a minimum of four consecutive weeks, payment to be made for each recording delivered whether broadcast or not as outlined in Paragraph 6 (b) above, and (b) we agree that such acceptance may be cancelled effective after such fourth consecutive week on not less than 14 days' prior notice given by letter, telegram, or telephone. 8. We may recapture, on not less than 10 days' prior notice to you, any program accepted by you hereunder and may terminate- (a) said affiliation agreement forthwith upon any breach of paragraph 2 or 4 hereof by you, or (b) this amendment on not less than ten days' prior written notice. 9. We shall not be liable to you for failure to deliver any program accepted by you hereunder if such failure is due to (a) causes beyond our control, or (b) the substitution for such program of a program of outstanding local or national importance, if such substituted program is not available under our Extended Program Service plan. Unless sooner terminated, this amendment shall automatically terminate effective as of the effective date of any expiration or termination of said affiliation agreement. As herein amended and supplemented, said affiliation agreement is in all respects ratified and affirmed. C. The affiliation agreement of WJBK-TV, Detroit, Mich., channel 2, effective September 15, 1954, Consists of the standard primary affiliation form with the special schedule A containing the following compensation scale: (a) For the first five (5) converted hours in each week, ten percent (10%). (b) For the next five (5) converted hours in such weeks, twenty percent (20%). (c) For all converted hours in excess of ten (10) in such week, thirtyseven and one-half percent (371⁄2%). This agreement is further modified only by the amendment of paragraph 16 to omit both the automatic renewal clause and the termination clause so that it reads as set forth in section 7 above. ALTERNATE PRIMARY AFFILIATION FORM The affiliation agreements of a number of stations consist of an alternate primary affiliation form that is different from the standard primary affiliation form (including the standard schedule A) only in that paragraph 11 is shorter. In the alternate primary affiliation form, paragraph 11 does not contain the clause that appears in the standard form relating to the limitation upon CBS' right to terminate the agreement in the event that there is a transfer of any interest in the corporation that owns the affiliate. Paragraph 11 in the alternate form reads as follows: 11. Station shall notify CBS Television forthwith if any application is made to the Federal Communications Commission relating to the transfer of any interest in station (or in the television station to which this agreement relates), and CBS Television may terminate this agreement, effective as of the effective date of such transfer, by giving not less than 10 days' prior notice to station. If CBS Television does not so terminate this agreement, station will procure the agreement of the proposed transferee that, upon the consummation of the transfer, the transferee will assume and perform this agreement. § 27. Unmodified alternate primary affiliation form.-The affiliation agreements of the following stations contain the alternate primary affiliation form with no modifications: WFBG-TV, Altoona, Pa., channel 10, effective July 27, 1955. 1956. KRNT-TV, Des Moines, Iowa, channel 8, effective August 1, 1955. KTVH, Hutchinson, Kans., channel 12, effective July 1, 1955. 1956. WKRG-TV, Mobile, Ala., channel 5, effective September 15, 1955. |