(c) The refusal to consult Professor Luciuk
2. Evidence of factual inaccuracies
D. Misrepresentation
III. Conclusion
III. Conclusion
The Commission acted arbitrarily and capriciously in deny
ing Serafyn's petition without analyzing more precisely the
evidence he presented. On the other hand, the Commission
reasonably held that CBS did not make a misrepresentation
to the Commission. We therefore vacate and remand the
Commission's decision in WGPR and affirm its decision in
Stockholders of CBS Inc.
So ordered.
HOME DISINFORMATION 60 MINUTES 738 hits since 12Aug98
Jeannine Aversa Associated Press 12Aug98 FCC must review 60 Minutes Segment
Serafyn had asked the FCC to turn down CBS' license request for
WGPR-TV in Detroit - now WWJ-TV - arguing that the network was not
fit to receive the license because it had aired a distorted news program.
The Associated Press article below provides a brief introduction to the
full United States Court of Appeals decision which is available on the
Ukrainian Archive. The original of the Associated Press article was
provided by Yahoo, more specifically at Jeannine Aversa.
Wednesday August 12 2:58 AM EDT
FCC To Look at '60 Minutes' Segment
JEANNINE AVERSA Associated Press Writer
WASHINGTON (AP) - Responding to a federal appeals court decision,
government TV regulators will take a new look at whether CBS' "60
Minutes" intentionally distorted the news in a 1994 segment on the
Ukraine.
A Federal Communications Commission ruling against CBS on the matter
could call into question the network's fitness to hold all or some of its
broadcast licenses, said attorneys for the agency and for Alexander
Serafyn, who led the court case against the "60 Minutes" report.
But CBS attorneys, speaking on condition of anonymity, disagreed. They
said only WWJ-TV in Detroit - the station involved in the present
challenge - could be affected.
On Tuesday the U.S. Court of Appeals for the District of Columbia
concluded that the FCC didn't sufficiently explain why it decided not to
hold a hearing on the allegations involving the "60 Minutes" segment.
Given the court's ruling, the commission will re-examine the entire
record, including Serafyn's allegations that the segment was
intentionally distorted, an FCC attorney said.
Serafyn had asked the FCC to turn down CBS' license request for WGPR-TV
in Detroit - now WWJ-TV - arguing that the network was not fit to receive
the license because it had aired a distorted news program.
Serafyn, an American of Ukrainian ancestry who is retired and living in
Detroit, had submitted evidence to the FCC involving his allegation about
the broadcast, entitled, "The Ugly Face of Freedom." The FCC denied
Serafyn's petition for a hearing, saying it would not investigate an