Broadcasting (Apr - June 1950)

He Won — But Lost THERE are times when travel is inconvenient; it was certainly most inconvenient for Walter Robinson of Brockton, Mass. Mr. Robinson was the winner of a week-end in New York for submitting the winning title for an original song played on RCA Thesaurus' recorded program Claude Thornhill Presents Win a Holiday. WBET Brockton submitted the winning entry. The station immediately informed the winner — Walter Robinson, an inmate of the Norfolk County Prison Colony in Brockton. As it is inconvenient for Mr. Robinson to leave his home for the next four years, two disabled veterans from Lovell Army Hospital, Ayer, Mass., will substitute for him. LICENSEE RIGHT! Controls Its Programs, Fly Tells Court JAMES LAWRENCE FLY, former FCC Chairman, last week argued in Federal Court that the Communications Act of 1934 "creates no rights in private parties to compel licensed stations to broadcast particular programs." Mr. Fly presented arguments ★ in the U. S. Circuit Court of Appeals, Boston, in the suit brought against WLAW Lawrence, Mass., by the Massachusetts Universalist Convention. The universalists brought suit after the station refused to permit the broadcast, on a regularly scheduled Universalist program, of an Easter Sunday script which denied the validity of orthodox Christian views concerning the Resurrection. The argument last week was in opposition to an appeal from a lower court decision dismissing the action. "There is nothing in the [Com munications] Act or in the rules and regulations of the [Federal Communications] Commission which in any way purports to confer any private rights upon persons desiring to broadcast over the facilities of licensees," Mr. Fly argued. Mr. Fly pointed out that the FCC has repeatedly made it plain that "the right to determine, select, supervise and control programs is to be exercised by the licensee and the licensee alone." Indeed a licensee violates the obligation of its licensee "if it enters into any contract that disables it from making the final de In Buffalo you can go places fast with WGR \-AND ITS HIGHER-THAN-EVER cision as to what material shall be accepted or rejected," he said. "In this case," he said, "it was the right and duty of the management of WLAW to determine whether the proposed Easter Sunday broadcast should be accepted or rejected." The argument of the Universalist Convention that it had the right to demand the disputed sermon be broadcast is "tantamount to imposing a public utility status upon broadcast stations," Mr. Fly said. Leo J. ("Fitz") Fitzpatrick I. R. ("Ike") Lounsberry RAND BUILDING, BUFFALO 3, N. Y. National Representatives: Free & Peters, Inc. WORLD RADIO Senate May Begin Study CONSIDERATION of a proposal by Sen. William Benton (D-Conn.) to set up a world-wide radio network for the purpose of parrying Russian "jamming" thrusts may be taken up initially by Sen. Elbert D. Thomas (D-Utah) and his newlycreated five-man Foreign Relations subcommittee sometime this week. The group was named by Committee Chairman Tom Connally (D-Tex.) to make a study of the Benton resolution (S Res 243) looking toward a general expansion of U. S. information services overseas and specifically implementation of present Voice of America operations [Broadcasting, June 12]. Sen. Thomas was reported to have conferred last week with Sen. Benton, who is pressing, along with at least 12 co-sponsors of his plan, for a hearing before Congress adjourns. Whether such a hearing will be held, authorities indicated last week, will depend on how soon the committee can clear its decks for action. Many of its members serve on at least two or three subcommittees. Sen. Benton's proposal, backed by Sens. Charles Tobey (R-N. H.), Karl Mundt (R-S. D.) and others, envisions a "Marshall Plan of ideas" with provision for relaying a signal by shortwave, long wave and medium wave "into every radio receiver in the world ... in a fullthroated voice instead of a whisper. . . ." Sen. Benton also would step up work being done by UNESCO and expanded use of radio in the international organization. He returned last week from the General Conference of UNESCO held at Florence, Italy. Other members of the subcommittee, who would sit in on the proposed plan to extend the Voice, are Sens. Brien McMahon (D-Conn.), J. William Fulbright (D-Ark.), H. Alexander Smith (R-N. J.), and Henry Cabot Lodge (R-Mass.). AS OP May there were 78,000 sets capable of receiving FM in use in Washington metropolitan area, according to report released by American Research Bureau. Figure is based on extensive cross section sampling conducted as part of ARB's regular radio and television audience measurement service. Page 28 • June 19, 1950 BROADCASTING • Telecasting f