Broadcasting (Oct 1931-Dec 1932)

KUMA, Yuma, Ariz. — Application for modification to | change hours heretofore set for hearing, reconsidered and BrWCGU, Brooklyn, and KOB, State College, N. M. — Granted authority to take depositions on renewals and I licenses covering CP. Examiners' Reports . . . NEW, Allen Wright Marshall, Sr. and Jr., and Guy Aaron Malcom, La Grange, Ga., and WRDF, Augusta, : Ga.— Chief Examiner Yost recommended (Report 432 ; Dockets 1715 and 1731) that application for new station at La Grange on 1500 kc. with 100 w. be denied and that WRDF application for renewal of license be i granted. WTEL and WHAT, Philadelphia, and WCAM, Camden, N. J. — Examiner Hyde recommended (Report 433 ; Dockets 1557, 1567, 1626 and 1629) that application of WTEL for division of time with WCAM and WHAT be denied and that applications of WCAM and WHAT for renewals be granted. NEW, W. T. Hamilton, Greenville, S. C— Chief Examiner Yost recommended (Report 434, Docket 1674) that application for CP on 1240 kc, 250 w. night, and 500 w. LS, unlimited, be withdrawn with prejudice. MERCHANDISING OUR NEWS Shuler Loses Free Speech Appeal (Continued from page 29) such purposes, or any other, except in subordination to all reasonable rules and regulations Congress, acting through the commission, may prescribe." Apropos property rights, the court held : "Nor are we any more impressed with the argument that the refusal to renew a license is a taking of property within the Fifth Amendment. There is a marked difference between the destruction of physical property * * * and the denial of a permit to use the limited channels of the air. As was pointed out in American Bond & Mortgage Co. v. United States, the former is vested, the latter permissive * * *." After citing a long line of decisions on property rights, the court stated: "All of these cases indubitably show adherence to the principle that one who applies for and obtains a grant or permit from a State, or the United States, to make use of a medium of interstate commerce, under the control and subject to the dominant power of the government, takes such grant or right subject to the exercise of the power of Government, in the public interest, to withdraw it without compensation." In conclusion, the court said that, "considered from every point of view, the action of the commission in refusing to renew was in all respects right and should be and is affirmed." Louis G. Caldwell, counsel for Dr. Shuler, on Nov. 29 filed with the court a petition for rehearing, claiming that the court in its opinion overlooked one of his principal contentions, namely that the Commission's decision violated the censorship clause of the Radio Act. Duke M. Patrick, general counsel, and Fanney Neyman, acting assistant general counsel, represented the Commission in the Court of Appeals. WHOM Wins, WNJ Loses IN AN OPINION by Chief Justice George E. Martin on Nov. 21, the same court sustained the Commission's decision granting WHOM, Jersey City, three-fourths time on 1450 kc, with 250 watts, and ordering deletion of WNJ, Newark, and WKBO, Jersey City. These stations, along with WBMS, Hackensack, N. J., split time four ways, but WBMS was not involved. The court held the Commission's decision was not arbitrary or capricious, and that it is manifest that the division of time upon the same frequency in the same locality of four local stations "might be uneconomic and impractical." On motion of the appellant, the court Nov. 26 dismissed the appeals of WMT, Waterloo, la., from the Commission's decisions authorizing KSO to move from Clarinda to Des Moines, la., and denying WMT's application to remove to the same city. A third extension of time for filing of briefs was granted by the court in the 50 kw. high power case, with Dec. 15 as the new date. December 1, 1932 • BROADCASTING VI 7 HENEVER an article of exceptional business interest and instructional merit has appeared in BROADCASTING, marked copies have been sent to the advertising heads of concerns engaged in similar enterprises throughout the country. We did this with our series on bank advertising by radio. We did it with our series on department store radio advertising. We are doing it now with our articles on the successful use of radio by railroads. This is a merchandising-the-news service we expect to continue— not merely to boost circulation but to help radio break down the sales resistance it may be meeting in seeking accounts that are "naturals" for radio. That these efforts on our part are producing results, is evidenced by the numerous letters of commendation we have had from station executives and advertising agencies. Some of these letters tell of accounts actually landed as a result of the descriptions of successful radio campaigns carried in these articles; others tell of program and commercial ideas first recounted in our columns which were adapted to local needs. All of the letters are high in their praise of our efforts to carry the news of successful radio business so that the various elements of broadcasting can be kept apprised of one another's activities. BROADCASTING is your trade magazine — published to serve your needs and the needs of the entire broadcasting industry— stations, agencies and advertisers alike. NATIONAL PRESS THE NEWS BROADCAST I NG BUILDING, WASHINGTON, D. C. NE OF THE FIFTH ESTATE Page 33