Broadcasting (Oct 1931-Dec 1932)

Standing of Press In Radio Weighed Commission Fights Appeal; WMBA Deletion Upheld A CASE raising for the first time the question whether a newspaper not holding a radio station license, permit or other authorization has any standing in court in attacking a decision of the Radio Commission, is pending in the Court of Appeals of the District of Columbia and is being contested by the Commission. Filed Oct. 27 by the Telegraph Herald Co., of Dubuque, la., through Elisha Hanson, Washington newspaper attorney, the appeal is from the Commission's decision of Oct. 21 authorizing WKBB, to move from Joliet, HI., to East Dubuque, 111., one mile distant from Dubuque, la. Claim is made that the newspaper some months ago made formal inquiry at the Commission as to the possibility of establishing a station in Dubuque, la., but was "officially informed" that because Iowa is overquota no such license could be granted. Claim also was made that the newspaper had made preliminary arrangements to purchase KWLC, Decorah, Iowa, and remove it to Dubuque. Both the Commission and WKBB attacked the appeal on the ground that the newspaper has no standing in court. The court on Oct. 29, denied the petition for a stay order and now has before it motions to dismiss the proceedingfiled both by the Commission as the appellee and by WKBB as intervener. Because of the novel issue raised, the court has refrained from acting on the dismissal motions until its full membership is at hand. In a decision Oct. 31 the Court of Appeals upheld the Commission's deletion of WMBA, Newport R. I., a station formerly on 1500 kc. with 100 watts full time, ordered off the air last year because of alleged violations of technical regulations and failure to serve public interest. Of significance was the court's ruling that letters may be admitted as evidence in the discretion of the examiner at a hearing if submitted by an employee of a government department or agency. The court said that it also is a well established rule that the Commission and other administrative bodies are not bound by the strict jury rules of evidence applicable to court proceedings, but that such bodies "may under reasonable regulations depart from such rules." The court also declared it was not an error for the examiner to exclude testimony concerning the applicant's intention (L. J. Beebe, Newport, R. I.) to procure a new transmitter "inasmuch as the sole question upon hearing was whether the license for the use of old equipment should be renewed." A motion to intervene in the appeal of WMT, Waterloo, la., from the Commission's decision authorizing KSO to remove from Clarinda to Des Moines, la., was filed by KSO. WMT, also an applicant to remove to Des Moines, recently was denied that authority by the Commission. DEBATE ON THE AIR CBS Offers Glass Net to Reply To Attack by Mills AN INTERESTING sidelight on the Carter Glass-Ogden Mills debate over CBS near the close of the recent political campaign — a debate that is regarded by many as the highlight of the entire radio campaign — was the proffer of time to Senator Glass to reply to Secretary Mills over precisely the same network. When he got word of Senator Glass' speech, Secretary Mills bought the period immediately succeeding the one reserved for former Secretary of the Treasury under President Wilson. This did not "sit well" with Senator Glass, as was evidenced by his closing remarks before Secretary Mills was hooked in. But he sat through the Mills' speech in the Washington CBS studios and listened interestedly, often interpolating vigorous remarks about the alleged inaccuracies of some of Secretary Mills' statements. While the Mills talk was on, Harry C. Butcher, CBS Washington director, offered Senator Glass the same network for rebuttal, and authorization for purchase of the time was immediately forthcoming from the Democratic National Committee. Senator Glass, however, declined to continue the debate with a testy remark that he did not think it was necessary to reply. 8 Applicants Now Seek KTM, KELW Facilities EIGHT applications for the facilities of KTM and KELW, Los Angeles stations recommended recently for deletion by Chief Examiner Yost of the Radio Commission, have already been filed. One is for voluntary assignment of the station's facilities, four seek their valuable wave of 780 kc, and three propose establishing new stations if and when KTM and KELW are eliminated. The voluntary assignment application is by KTM and KELW, which propose to sell to the Los Angeles Herald, Hearst newspaper, the former for $35,000 and the latter for $27,500. Seeking the KTM-KELW channel in lieu of their present wave assignments are KECA and KFAC, Los Angeles; KQW, San Jose, and KDYL, Salt Lake City. The KECA application has already been ordered set for hearing though no date has yet been scheduled. It is likely that this application may be heard along with the others, possibly in Los Angeles, in the event the Commission deletes KTM and KELW in accordance with the Yost recommendation. Seeking the 780 channel for the establishment of new stations are Don Lee, operator of KHJ and. a network of California stations, who proposes to erect a new station to serve the Southern California communities of San Bernardino, Riverside, Redlands and Colton; Guy C. Earle, Jr., operator of KNX, Hollywood, who would build a new station at Sacramento, and W. L. Gleeson, a Los Angeles publishers' representative, who also proposes a new station in Sacramento. What the Agency Wants to Know About YOUR STATION CHARLES F. GANNON, Director of Radio, Erwin, Wasey 8C Co., Inc., In his chapter on "Selecting The Station List" in the new book The Advertising Agency Looks At Radio (D. Appleton and Co.) HAS THIS TO SAY: "The advertising agency would like to know from every station how much local, how much spot and how much national business the station enjoys. We would like to have a classification of this business according to products. We would relish knowing over what period of time various contracts extend; what season; whether the program is on at morning, noon or night; whether it is transcription or live talent and what type of talent is employed. After this data is forthcoming, we would like any and all tables of results together with a description of any unusual merchandising methods employed in conjunction with the radio campaign. "From this body of facts plus such available knowledge as population, power, wave length, per capita wealth, network affiliation, modulation, etc., we can much more easily reckon the value of a given station." ADVERTISING built around such facts is of vital interest and service to advertising agencies and national advertisers. Keep these individuals, who buy radio time, apprised of the current activities of your station and the changes in your market through your advertising in BROADCASTING. This intelligent type of advertising will mark your station as progressive and will increase the number of national schedules on which your call letters appear. BROADCASTING is the ideal medium in which to carry your sales messages as it is read by practically 100 per cent of the buyers of national and regional radio time. BROADCASTING NATIONAL PRESS THE NEWS ILDING. WASHINGTON. D. C. AZINE of the fifth estate November 15, 1932 • BROADCASTING Page 37