Broadcasting (Oct 1931-Dec 1932)

Record Details:

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Power of LC.C. to Rule on Rates (Continued from -page 12) The defendants, it is declared, have not filed and published tariffs in compliance with the act, and they have not submitted their properties for valuation nor filed annual reports as the act is held to require. The NBC "has failed and refused to furnish facilities for sending complainant's messages at night although other persons are provided with facilities denied to complainant." The complainant prays that its complaint be filed and served and that a hearing be held. After due investigation it requests that the commission "require defendants to cease the violation of law herein alleged and that reparation be awarded in such sum as may be determined upon proof adduced by complainant." The pleading was signed by Henry A. Giesler, president of the corporation. Under Commission procedure the defendants have 20 days in which to file answers to the complaint, which was filed Oct. 1. Unless some question as to the commission's jurisdiction is raised by NBC or WGBB to cause delay, the hearing will be held before an examiner, probably in December. The hearing likely will be held in New York City since all parties are in that vicinity. Commissioner Eastman expressed himself clearly on the very subject raised in the complaint when he testified on Jan. 9, 1930, before the Senate Interstate Commerce Committee in connection with the Couzens Bill for the creation of a federal commission on communications. He answered a series of written questions on the subject in his testimony. EASTMAN EXPLAINS VIEW REPLYING to the question as to whether there is now any power in the I. C. C. to regulate rates of stations or the chains and whether or not any complaints have been filed in such matters, Mr. Eastman said: "My understanding of the words 'broadcasting stations' as they are used in this question is that they refer to radio stations which transmit spoken words or music by wireless electric impulses to all within effective range of those impulses who possess and use suitable receiving apparatus, and which do not transmit messages from a definite sender to a definite receiver. My understanding of the words 'socalled chains' is that they refer to broadcasting stations which are linked together by wire or otherwise so that they can be and are used to broadcast the same program at the same time. The question being so understood, I am of the opinion that there is now no power in the Interstate Commerce Commission to regulate rates of broadcasting stations or the socalled chains, for the reason that such stations or chains are not engaged in the transmission of intelligence by wire or wireless as common carriers for hire. "I may say that is purely an ex parte expression of opinion. The matter has not come before the commission for formal determination, nor been argued before it. "No formal complaint has been filed with the Commission with respect to such rates. On Jan. 4, 1927, the Commission was asked in behalf of the C. K. MacAlpine Co., 50 Church Street, New York, N. Y., to institute a general investigation of the rates, rules, regulations, and practices of the National Broadcasting Co. (Inc.), and of other persons, firms, or corporations engaged in the interstate transmission of intelligence by radio. On February 12, 1927, the petitioner was advised that its request presented novel issues and further information was sought in order that the Commission" might better determine whether a general investigation should be instituted and, if so, what its scope should be. "Certain additional information was submitted, but upon its receipt the petitioner was advised that it was not deemed sufficient to warrant the Commission in instituting a general investigation, and that the proper course for it to pursue was to file a formal complaint setting forth the matters complained of in accordance with the Commission's rules of practice. No such formal complaint was thereafter filed. Nor have any informal complaints been received. There have been various queries with regard to jurisdiction and so on, but nothing I think which would be styled a formal complaint." In reply to a second question, Mr. Eastman said he was of the opinion that the Commission "has no present power to deal with matters of discrimination in so far as broadcasters and chain stations are concerned." Bid for Trade Show CHICAGO, St. Louis and Atlantic City have entered bids for the 1932 spring trade show of the Radio Manufacturers Association. The selection of the place for the show is in the hands of a committee headed by B. G. Erskine, of Emporium, Pa. In the meantime, announcement has been made of the postponement of the Chicago Radio-Electric Show to January 18-24, 1932. It will be held in the Coliseum as a combination trade and public show. Pittsburgh, Pa. Do YOU Know "the Why and How" of -planning a radio program -obtaining radio circulation -reaching the audience? Read BROADCAST ADVERTISING THE FOURTH DIMENSION By Frank A. Arnold Director of Development of the National Broadcasting Co., Inc. James O'Shaughnessy, Executive Secretary American Association of Advertising Agencies from 1917-1928 and until recently Business Manager of Liberty Magazine, says: "Now it can be truthfully said that radio broadcasting hath a book. "Broadcast Advertising, the Fourth Dimension, is a biography of the industry. "It comprehends all of the essentials in the progress of its growth, with a fine discrimination in the narrative of facts, but very happily it is written with a grace which gives it a retaining charm. "This book has quality of permanence, which makes it particularly valuable to all those who are concerned with radio broadcasting, from technicians to listeners. "It is particularly fortunate that the author of this book has both of the high qualifications for writing it; that is, a living knowledge of his subject and the rare ability to hold the perspective of the reader. "The place of broadcasting in the wide field of advertising should be better understood. This book goes a long way toward that end." James O'Shaughnessy The Only Book on the Subject Written for Advertising Men by an Advertising Man "Broadcast Advertising" is written in entertaining narrative form. It deals with everything from the pioneering days of radio to an interesting discussion of its future. Obtaining radio circulation, planning programs and adapting them to subject and audience, re-selling the broadcast program, broadcasting as an aid to distribution, does broadcast advertising pay — these are only a few of the subjects discussed, which make the book invaluable for advertising agencies, advertising departments of industry and staffs of broadcasting stations and organizations. $3.00 ON APPROVAL COUPON John Wiley and Sons, Inc., 440 Fourth Ave., New York. Gentlemen: — Kindly send me a copy of "Broadcast Advertising" by F. A. Arnold. I agree to remit the price of the book ($3.00) within five days after its receipt or return the book postpaid. Name Address Position or Reference. B.A. 10-15-31 Page 30 BROADCASTING • October 15, 1931