NAB reports (Mar-Dec 1933)

In reversing the decision and remanding the case for further pro¬ ceedings the court said: “In this case the Spokane station in apt time filed its protest. It was certainly an aggrieved party, because it had filed an applica¬ tion for the same frequency as that sought by the Pocatello station. From the time the same was lodged with the supervisor in Seattle it was ‘pending before the Commission.’ But notwithstanding this the Commission ignored the protest and refused to grant a hearing, and this, we think, was arbitrary and in violation of its rules. And in addition to this, we think it not untimely to say that in granting and refusing applications for licenses, where two or more stations are applicants for the same frequency, it is the duty of the Commission to grant either party a hearing on due notice, for other¬ wise there is a denial of due process and a substitution in its place of arbitrary power, and that, of course, may not be countenanced.” McCOSKER NAMES NAB COMMITTEES President Alfred J. McCosker this week announced the following committee appointments for the current year: Tax Committee Chairman E. M. Elkin, KDKA, Pittsburgh, Pennsylvania; P. J. Hennessey, Jr., WJZ, New York, N. Y.; Sydney M. Kaye, WABC, New York, N. Y.; A. Z. Moore, WKJC, Lancaster, Pennsylvania; Edgar T Bell, WKY, Oklahoma City, Oklahoma ; Wiley P. Harris, WJDX, Jackson, Mississippi; C. R. Myers, KOIN, Portland, Oregon. Constitution and By-Laws Committee Chairman William S. Hedges, WMAQ, Chicago. Illinois; W. J. Damm, WTMJ, Milwaukee, Wisconsin; Harry Shaw, WMT, Waterloo, Iowa. Program Committee Chairman Edgar L. Bill, WMBD, Peoria, Illinois; John Ehvood, WEAF, New York, N. Y.; Fred Willis, WABC, New York, N. Y.; Clarence Wheeler, WHEC, Rochester, New York; John Henry, KOIL, Council Bluffs, Iowa; Rogan Jones, KVOS, Bellingham, Washington; Judith Waller, WMAQ, Chicago, Illinois; Charles A. Sessions, WIBW, Topeka, Kansas; Birt Fisher, KOMO, Seattle, Washington. Commercial Committee Chairman H. K. Carpenter, WPTF, Raleigh, North Carolina ; Leslie Fox, WSM, Nashville, Tennessee ; Martin Campbell, WFAA, Dallas, Texas; H. K. Boice, WABC, New York, N. Y. ; Roy C. Witmer, WJZ, New York, N. Y.; John Patt, WGAR, Cleveland, Ohio; Donald Davis, WHB, Kansas City, Missouri; Charles Chatterton, KGW, Portland, Oregon; Roy Harlow, WNAC, Boston, Massachusetts. Membership Committee Chairman H. H. Bliss. WCLO. Janesville, Wisconsin; F. P. Man¬ chester, WAAW, Omaha, Nebraska; W. E. Hutchinson, WAAF, Chicago, Illinois; Eugene V. Cogley, WLBW, Erie, Pennsylvania; Roy Thompson, WFBG, Altoona, Pennsylvania; Arthur Kales, KECA, Los Angeles, California; Harold Wheelahan, WSMB, New Orleans, Louisiana: William Knight, WTOC, Savannah, Georgia; F. E. Tunnicliff, KFNF, Shenandoah, Iowa; Ed Riggins, KMJ, Fresno, California; S. H. Cook, WFBL. Syracuse, New York; Allen T. Simmons, WADC, Akron. Ohio; Don Gilman, KGO, San Fran¬ cisco, California; G. E. Zimmerman, KPRC, Houston, Texas; LeRoy Mark, WOL, Washington, D. C. Cost Accounting Committee Chairman Arthur Church. KMBC, Kansas City, Missouri; Walter J. Damm, WTMJ, Milwaukee, Wisconson: M. R. Runyon, WABC, New York, N. Y.; H. F. McKeon. WJZ, New York, N. Y.; R. W. Hoffman, WHFC, Chicago, Illinois; Lewis Weiss, WJR, Detroit, Michigan; J. H. Ryan, WSPD. Toledo, Ohio; J. L. Kaufman, WCAE, Pittsburgh, Pennsylvania; I. Z. Buckwalter, WGAL, Lan¬ caster, Pennsylvania. Engineering Committee Chairman Joseph Chambers. WLW, Cincinanti, Ohio; Charles W. Horn, WEAF, New York, N. Y. ; Ed Cohan, WABC, New York. N. Y.; John F. Byrne, WEAO, Columbus, Ohio; Walter Evans, KDKA, Pittsburgh, Pennsylvania; William West, KSD, St. Louis, Missouri; John Fetzer, WKZO, Kalamazoo, Michigan; Stanley Hubbard, KSTP, St. Paul, Minnesota; William Foss, WMAS, Springfield, Massachusetts. KFAB CASE TO BE APPEALED C. A. Sorenson v. KFAB Broadcasting Company. Supreme Court of Nebraska. No. 28749. Appeal from the District Court of Lan¬ caster County from judgment in favor of plaintiff for damages for defamation by transmission of certain language over Station KFAB during political campaign in summer of 1930. The State Supreme Court previously held the station liable for damages notwithstand¬ ing Section 18 of the Radio Act of 1927 and remanded the case for further proceedings. Further proceedings were had and the case is now before the Supreme Court again on appeal. Should the upper court affirm its earlier holding the case will be carried to the Supreme Court of the United States for review. NEW YORK BROADCASTERS MEET A meeting of New York state broadcasters will be held Monday, March 13, at Albany, N. Y., for the purpose of effecting machinery for presentation of their combined views on state legislative matters. The meeting will be attended by nearly all New York state broad¬ casters. SUPREME COURT DENIES WNJ APPEAL The Supreme Court of the United States on March 6, 1933, denied the petition of the Radio Investment Company (WNJ, Newark, N. J.) for a review of a decision of the Court of Appeals of the District of Columbia upholding the decision of the Federal Radio Commission deleting the station. Station WNJ formerly shared time with Stations WHOM, WMBS, and WKBO. Both stations WNJ and WMBS were taken off the air and Station WHOM was awarded three-fourths time. Station WNJ appealed. Station WMBS did not appeal. The decision of the Supreme Court winds up the litigation. INSURANCE ADVERTISING RESTRICTED Merton L. Brown, Massachusetts Commissioner of Insurance, on February 17, notified all publishers of newspapers, magazines and radio broadcasting stations in Massachusetts to the effect that Chapter 25 of the Acts of 1933 “prohibits the printing or publication of certain advertisements of foreign insurance companies or foreign fraternal benefit societies that are not duly licensed in this Com¬ monwealth, in newspapers, magazines or other periodicals published in the commonwealth or over radio broadcasting stations located therein.” The department, says the Commissioner, will gladly furnish in¬ formation whether any insurance company or fraternal society is duly licensed in the state and requests that newspapers and stations ascertain whether any company or society offering advertising of the kind described in the act is duly licensed, before its advertise¬ ments are published or broadcast. WOULD DENY WMBH INCREASED HOURS Application of Edwin D. Aber (WMBH, Joplin, Mo.) for in¬ creased operating hours from 35 to 71)4 hours per week. Report No. 462. (Pratt, e.) Recommends that application be denied. The examiner points out that “the use of additional hours by WMBH would extend the duration of interference which now exists between this station and another on the same channel (1420 kc). “Although applicant, now rendering a local service designed to meet the needs and requirements of the listeners in the area served, could, through the use of additional hours extend and improve the service of WMBH, the granting of this application would result in an increase in the broadcasting facilities of a state and zone which are already over quota,” the reported stated. REPORT OPPOSES ABILENE STATION Application of John Tindale for a construction permit to erect a new broadcasting station to operate on 1420 kc. at Abilene, Texas, sharing time with KABC. San Antonio, Texas. Report No. 463 (Yost, c. e.) Report recommends that application be denied and that renewal application of KABC be granted. • Page 2 •