Detroit resident seeks to block CBS ownership of local station (01/15/95)

Detroit resident seeks to block CBS ownership of local station

by Roman Woronowycz

JERSEY CITY, N.J. - A Ukrainian American has petitioned the Federal Communications Commission to disallow CBS a broadcasting license in the Detroit viewing area, the second action filed against the network by Ukrainians.

Alexander Serafyn, a resident of Troy, Mich., a suburb of Detroit, is asking the FCC not to approve CBS ownership of a television station in the Detroit area based on the airing of a piece titled "The Ugly Face of Freedom," which was shown on its longtime hit news program "60 Minutes" on October 23, 1994. The Ukrainian Congress Committee of America previously filed a personal attack complaint with the FCC for presenting the same piece. That complaint is currently pending.

The broadcast has stirred up a hornet's nest of anger and protest within the Ukrainian community and has resulted in numerous public demonstrations and thousands of angry letters to CBS and its advertisers. So far the network giant has refused to retract or apologize for its story.

Mr. Serafyn, a retired Ford Motor Co. executive, states in his petition that the news program "distorted facts, quoted speakers out of context and unfairly translated words from Ukrainian into English, all in an effort to support the program's false conclusion." The conclusion, which has most inflamed Ukrainian American sentiment, suggests that Ukrainians are "genetically anti-Semitic." His petition states that the granting of a license to CBS for these reasons would not be in " 'the public interest, convenience and necessity' and should be denied."

"I've always been active in my community and felt it was my responsibility to defend my good name and the good name of the Ukrainian people against the inaccurate and biased CBS report, "The Ugly Face of Freedom," Mr. Serafyn told The Weekly through his attorney.

Mr. Serafyn's petition states that CBS failed to meet its public interest obligation by standing behind a story that so obviously distorted the truth about current Jewish-Ukrainian relations in Ukraine.

"When they said, no, we think it (the piece) is fine. I think from that point on our complaint springs," said Mr. Serafyn's attorney, Arthur Belendiuk. "We are saying it is not fine, and we told you it is not fine, and we showed you why it is not fine. And you're saying, hey, we don't care, we're going to stand by that programming."

One of the implications of CBS broadcasting "The Ugly Face of Freedom" stated in the petition is that the network was more concerned with sensationalism and ratings than with an accurate portrayal of the subject matter.

Mr. Belendiuk, a communications expert who once worked at the FCC, said that, although the petition questions the over-all quality of CBS programming, it is based specifically on the "60 Minutes" program. "You can't just make stuff up out of whole cloth, broadcast it and then, when people point that out to you, say, well, we don't care; we're going to stand by our story; we're not going to take that back and, by the way, get ready for the rerun season. When you do that, I think you're playing fast and loose with your right to be a licensee."

Mr. Belendiuk also noted that a retraction by CBS at this point may not undo the damage done, although such an effort would be welcomed. "Mr. Serafyn was smeared by that report - he and every other Ukrainian. CBS, by taking that smear back, I don't know that it's going to completely compensate the Ukrainian community," explained Mr. Belendiuk. "At least it would be a step in the right direction, a recognition on the part of CBS that we can't go around picking on the Ukrainian community because they are there, they are an easy target and they won't do anything."

The broadcasting company is awaiting FCC approval to buy WGPR, a local television station recently acquired by CBS. The purchase of a local television station by a network is of itself unusual; most networks use local affiliates to broadcast their programming. CBS's old affiliate, WJBK, was purchased last year by the aggressive Fox Broadcasting Network, one of many such moves by owner Rupert Murdoch that shook the broadcasting world in 1994.

The move left the network in the awkward position of not having a local broadcast outlet in a top-10 market. The proposed purchase of WGPR, an ultra-high frequency (UHF) station owned by African Americans, did not relieve its problems. A group of African Americans has also petitioned the FCC not to allow the CBS license until the network can ensure the African American community that it will have access for black-oriented programming. The petition by Mr. Serafyn just throws another log into the fire.

The broadcasting company, which refused to comment on the petition or the "60 Minutes" story, has asked the FCC for an extension until January 17 to respond to Mr. Serafyn's petition. CBS's attorney, Howard Jaekel, said the petition is without merit, but would not expound further.

Mr. Belendiuk said Mr. Serafyn would consider a settlement, where CBS agrees not to rebroadcast "The Ugly Face of Freedom" and withdraw the original airing, the manner of which could be negotiated. If not, then the former Ford executive is committed to the battle, which would include an appeal to the U.S. Court of Appeals should the FCC render a decision unsatisfactory to him.

"What Mr. Serafyn hopes for," said his attorney, "is what every Ukrainian wants - their self-respect back."

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