Up in the Air

In Washington, the Federal Communications Commission had finally decided in favor of CBS color TV over the rival systems of RCA and Color Television Inc. (TIME, Oct. 23). But, having won the nine-year color TV war, CBS was in danger last week of losing the peace.

RCA, contending that the FCC order was invalid and would cause "irreparable damage" to the TV industry and the public, asked a three-judge federal court in Chicago for an injunction. After two days of hearings, the judges issued a temporary restraining order against CBS to take effect while they studied the evidence. Said

Judge Philip L. Sullivan: "This is no case that can be decided overnight."

In Manhattan, CBS regretfully canceled its scheduled network commercial colorcasts but, under an experimental license, went ahead with color demonstrations. The outstanding show this week featured Arthur Godfrey, wearing a carnation lei, strumming his ukulele and looking fit, freckled but not especially redhaired. Though the show was strictly noncommercial, Godfrey got in an adroit plug for one of his sponsors--Chesterfield.

Whatever the Chicago court's final decision, the color squabble would probably be carried to the U.S. Supreme Court. The delay enabled RCA to continue working to perfect its "dot sequential" color system. It would cause financial strain to CBS and inevitably postpone the mass production of CBS colorsets, adapters and converters. Though confident of ultimate victory, CBS President Frank Stanton recognized that it might come too late. Said Stanton: "Daddy may be proven innocent after he's hanged--that's the possibility."

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