Broadcasting (Oct 1931-Dec 1932)

Nine Stations Given Maximum Power Six Others Get 25 kw. as Radio Commission Holds to Limitation Order in Settling Year-old Issue Commissioner Lafount moved that WHAS be granted power of 25 kw. The motion carried. Saltzman and Skyes, commissioners, dissented. ONE-HALF of the 40 clear channels have been dedicated definitely to high power by the Federal Radio Commission by virtue of its selection of nine additional stations for power increases to the 50 kw. maximum. The stations were selected from among two dozen applicants, and unless litigation prevents, they shortly will be added to the roster of the 14 stations already enjoying the 50 kw. privilege. Along with the 50 kw. grants, which filled the vacancies for this power existing under the regulations, the Commission also authorized six other clear channel stations to increase to powers of 25 kw. The action, for the time being at least, disposes of the high power controversy that has engaged the Commission for well over a year. The usual Commission vote on power matters was broken when the case came before it on Oct. 1. More than a score of votes were taken as the Commission sustained the second recommendations of Chief Examiner Ellis A. Yost, in all but four respects. In his original recommendations, submitted last December, Mr. Yost had urged that all 40 clear channels be permitted to accommodate 50 kw. stations. The stations which won the 50 kw. assignments are WOR, Newark; WCAU, Philadelphia; WSB, Atlanta; WSM, Nashville; WCCO, Minneapolis; WHO WOC, Des Moines-Davenport; KOA, Denver; KSL, Salt Lake City, and KPO, San Francisco. Those awarded 25 kw. are WHAM, Rochester; WHAS, Louisville; WBT, Charlotte; WAPI, Birmingham; KVOO, Tulsa, and KFAB, Lincoln. APPEALS ARE LIKELY THE grants will become effective when the Commission publishes the statements of facts and grounds for decision in each case. At that time those applicants who believe they are aggrieved may have recourse to the Court of Appeals of the District of Columbia. Such appeals are permissible, under the law, within 20 days after the final formal action by the Commission. Litigation is expected. Station WTMJ, Milwaukee, whose application for 870 kilocycles, occupied jointly by WLS and WENR, Chicago, and for 50 kw., was denied, virtually has committed itself to appeal. Several other applicants indicated similar courses of action during the hearings last fall. It is improbable that the statements of facts and grounds for decision will be available before Nov. 1, and no appeals may be noted until they are published. Should other appeals be taken, they likely will challenge the validity of General Order 42, as amended, to which the Commission adhered in making its decisions. It is not expected that there will be an appeal that will hold up the entire allocation. The Commission began consideration of the high power issue on Oct. 1 in accordance with a resolution it had adopted last July. Commissioner Ira E. Robinson, who openly opposes high power, first moved that consideration for the applications for power of 50 kw. be indefinitely postponed. The motion was lost. Commissioner Harold A. Lafount then proposed that General Order 42, as amended, be rescinded, and this motion also lost. The surprise came when Commissioner Robinson voted with Mr. Lafount. A third proposal, offered by Vice Chairman E. O. Sykes, that Examiner Yost's recommendations for grants of 25 kw. to all unsuccessful applicants for 50 kw. be denied, was lost with Saltzman and Sykes dissenting. MINUTES OF MEETING The minutes adopted by the Commission covering the tentative high power grants follow: First zone— Stations WHAM. WBZ, WOR and WJZ. The Commission reversed the examiner in his recommendation that WJZ be granted power of 50 kw. The Commission granted the application of WOR for the construction of a 50 kw. station, 25 kw. regular and 25 kw. experimental power. Saltzman, Starbuck, commissioners, voted to grant the application of WHAM. Second zone — Stations WCAU and WHAS. The Commission sustained the examiner and granted the application of WCAU for the construction of a 50 kw. station, 25 kw. regular and 25 kw. experimental power. Saltzman and Starbuck, commissioners, voted to grant the application of WHAS. Third zone — Stations WAPI. WBT, WSM, WSB, KVOO and WREC-WOAN. The Commission sustained the examiner and granted the applications of WSM and WSB for construction of a 50 kw. station, 25 kw. regular and 25 kw. experimental power. Robinson, commissioner, voted to grant the application of WBT in preference to WSM. The Commission denied the application of WREC, which sought the facilities of WSM. Fourth zone— Stations WBBM-WJBT, WCCO, WGN-WLIB, WMAQ, WHOWOC, WCFL and WTMJ. The Commission sustained the examiner and granted the application of WCCO for the construction of a 50 kw. station, 25 kw. regular and 25 kw. experimental power. The Commission reversed the examiner in his recommendation to grant WGN's application and granted the application of WHO for the construction of a 50 kw. station, 25 kw. regular and 25 kw. experimental power. Starbuck, commissioner, voted to grant WCFL authority to operate with power of 50 kw. on 970 kilocycles experimentally. The Commission denied the application of WCFL, which sought the facilities of WGN. The Commission denied the application of WTMJ, which sought the facilities of WLS and WENR. In Docket 691 (WOWO) and 692 (WFBM) the Commission denied the applications (for 50 kw.). Fifth zone — Stations KGO, KOA, KPO and KSL. The Commission sustained the examiner and granted the applications of KOA and KPO for the construction of a 50 kw. station, 25 kw. regular and 25 kw. experimental power. Starbuck, commissioner, voted to grant the application of KGO in preference to the application of KPO. Station KNX having been defaulted (minutes, May 15, 1913) in their construction permit to build a 50 kw. station, created a third vacancy. The Commission filled this vacancy by granting the application of KSL for the construction of a 50 kw. station, 25 kw. regular and 25 kw. experimental power. COMMISSIONERS' MOTIONS In Docket 906, Examiners Report No. 42, Station KFAB, the Commission granted the application in part. The Commission granted KFAB authority to construct a radio station with power of 25 kw. and to divide time with WBBM as at present, Saltzman and Sykes, commissioners, dissenting. Opinions are required in all the above cases. Commissioner Starbuck moved that WHAM be granted power of 25 kw. The motion carried. Saltzman and Sykes, commissioners, voted no. Commissioner Lafount moved that WBZ be granted power of 25 kw. The motion was lost. Commissioner Robinson moved that WBT be granted power of 25 kw. The motion carried. Saltzman and Sykes, commissioners, voted no. Commissioner Lafount moved that WAPI and KVOO, sharing time, each be granted power of 25 kw. The motion carried. Saltzman and Sykes, commissioners, dissented. Commissioner Starbuck moved that WCFL be granted power of 25 kw. experimentally. The motion was lost. Robinson and Starbuck, commissioners, for it. Commissioner Starbuck moved that KGO be granted power of 25 kw. The motion was lost. The high power action culminates more than a year of controversy within the Commission. In September, 1930, hearings were begun before Mr. Yost that lasted over a five-week period. The testimony presented was overwhelmingly in favor of maximum power on all 40 clear channels, and the applicant stations were unanimous in their demand that the Commission rescind General Order 42, as amended, and thereby avoid discrimination. Legal arguments were advanced also that this regulation is discriminatory and therefore invalid. Testimony adduced during the lengthy hearings was to the effect that to install a 50 kw. transmitter entailed an outlay of approximately $250,000 for equipment alone. Since there is no standard 25 kw. apparatus, a 50 kw. unit must be employed for stations of this output, unless composite plants are used. Already on the air with the maximum power of 50 kw. are stations WEAF, WGY, WTIC and WABC, in the first zone; KDKA, WLW and WTAM, in the second; WBAP-WFAA and WOAI, in the third; WENR-WLS and KMOX in the fourth, and KFI in the fifth. In addition, Station WJZ uses 30 kw., while stations WGN and WBBM are licensed for 25 kw. The remainder of the clear channel stations are using from 5 kw. to 10 kw. Existing and Tentative Clear Channel Assignments, October 15, 1931 Page 8 BROADCASTING October 15, 1931