NAB reports (Mar-Dec 1933)

tions, the convening of the new Congress and the general news of the banking crisis, we must not stop with those achievements. Each of us in radio, whether ■we operate stations or use the time of stations, has an intensified responsibility in the weeks to come, during which President Roosevelt and our other new leaders will unquestionably solve our financial ills. “That responsibility, in addition to cooperation with our local as well as national leaders, is the maintenance of a spirit of calm, confidence and good humor. Such a spirit should prevail in our own business procedure, of course, but more than that it should be the keynote of our broadcast programs. On behalf of the organized broadcasting industry, I have proffered the new Ad¬ ministration radio’s full and unqualified cooperation in the tasks before it. This offer was extended not merely with the thought that we will cheerfully clear the air for the President on an in¬ stant’s notice as he sees the need, but with the idea that our own peculiarly direct and intimate relations with the people can do much to maintain morale during the crisis. “As we radiated calm, confidence and good humor in our attitude and in our broadcasts, so will the listening public — 60,000,000 of our citizens — become infused with the same spirit. Radio’s stake is our country’s stake. There are no interests paramount to the interests which President Roosevelt, in whom we all have bound¬ less faith, is striving to protect.” DAVIS AMENDMENT BEFORE COURT The Supreme Court this week granted a review of the so-called WIBO case in which is involved the withdrawal of quota facilities from an over-quota state in an over-quota zone for use in an under-quota state in the same zone. The case grew out of an application filed by station WJKS at Gary, Indiana (an under-quota state), for the facilities of stations WIBO and WPCC. both located in Chicago, Illinois (an over-quota state). After a hearing before an examiner the Commission, in accordance with the rules set out in General Order 102 (now Rule 6), granted the application of WJKS and denied the applica¬ tions for renewal of license of WIBO and WPCC. The case was appealed to the Court of Appeals of the District of Columbia by WIBO and WPCC. The Court by a 3 to 2 decision reversed the decision of the Commission, holding, among other things, that it would not be consistent with the legislative policy to equalize the comparative broadcasting facilities of the various states or zones by unnecessarily injuring stations already established which are rendering valuable services to their natural service areas. Mr. Justice Groner filed a vigorous dissent, supporting the deci¬ sion of the Commission, stating, among other things, that interstate radio broadcasting is interstate commerce, and that one who en¬ gages in interstate commerce does so subject to the regulatory power of Congress, and therefore obtains no property right to be free from the exercise of that power; that the enforcement of the regulation without compensation is not an unconstitutional taking of property, or without due process of law; that the Davis amend¬ ment is a determination of policy by Congress, and since it is based on the equality of privilege among the several states, it is neither unreasonable nor arbitrary. The petition to the United States Supreme Court requesting a review was recommended by the Commission. BLAND INTRODUCES RADIO BILL Chairman Bland, (D) Virginia, of the House Merchant Marine, Radio and Fisheries Committee, on March 9, introduced in the House a bill identical with the former Davis bill which was passed by both Houses in last session but failed to win presidential ap¬ proval. The new bill is designated as H. R. 1735. The bill would authorize examiners to hold hearings in certain restricted cases and “that in all cases heard by an examiner the commission shall grant oral arguments on request of either party.” The bill would make public all opinions or memorandum opin¬ ions filed by the Commission. Section 9 of the existing law would be amended to permit the Commission to “grant applications for additional licenses for stations not exceeding one hundred watts of power, if the Commis¬ sion finds that such stations will serve the public convenience, interest or necessity, and that their operation will not interfere with the fair and efficient radio service of stations licensed under the provisions of this section.” The Commission would be empowered to impose a fine of $1,000 for the violations of regulations under an amendment pro¬ posed to Section 14 of the present law. Another section prohibits the broadcasting of any advertise¬ ment of or information concerning any lottery, gift enterprise, or similar scheme, offering prizes dependent in whole or in part upon lot or chance. The bill carries the revision of Section 18 of the present law which would greatly amplify the liability of the station with respect to political talks and discussion of public questions. Chairman Bland has not yet decided whether the bill will be reported by his committee. House leaders have indicated that they do not desire committee reports on legislation other than that urged by President Roosevelt at this time. SMITH HEADS NEW YORK COMMITTEE A meeting of New York State broadcasters was held at Albany, N. Y., March 13 and a committee to be known as the New York State Committee was created to cooperate with the National Association of Broadcasters in connection with local radio matters. Harold E. Smith, WOKO, was named chairman of the newly created committee. Other members are as follows: P. J. Hen¬ nessey, WEAF ; Sydney M. Kaye, WABC; Crane Kinnaird, WINS; I. R. Lounsberry, WGR; C. D. Masten, WNBF ; William Reuman, WWRL; Clarence Wheeler, WHEC; H. C. Wilder, WSYR. In addition to those who were named on the committee, the following were present: David Macnair, WOKO; W. G. Wandell, WBEN ; S. H. Cook, WFBL; Frank Sykes, WFAS; Mr. Laubenstein, WFAS; Mr. Butts, WGR; Miss C. V. Paisley, WIBX; P. J. Kellv, WIBX; William Weisman, WMCA; and Philip G. Loucks, NAB. The committee adopted a resolution pledging its support to the NAB and urging that similar committees be organized in other states. It was also decided that all stations in the state be urged to cooperate with the committee in state matters and with the NAB in all other matters. U. P. READY TO BAN BROADCASTING Karl A. Bickel, president of the United Press Associations, in a letter to L. B. Palmer, secretary of the American Newspaper Pub¬ lishers Association, says that his company stands ready to prohibit broadcasting of its news dispatches at any time that the member¬ ship of the ANPA votes to support that policy and on condition that the two other major news services take similar action. The U. P. now permits client newspapers to broadcast news on condi¬ tion that such news broadcasts are not commercially sponsored. COURT ENJOINS NEWS BROADCASTS Federal Judge J. D. Elliott on March 14 granted a temporary injunction restraining Station KSOO, Sioux Falls, S. Dak., from broadcasting news dispatches of the Associated Press. A hearing to determine whether the injunction should be made permanent will be held at the April term of the Federal Court. WJJD APPEALS COMMISSION DECISION Station WJJD, Mooseheart, Ill., this week appealed to the Court of Appeals of the District of Columbia, the decision of the Com¬ mission denying the station authority to operate after sunset at Salt Lake City. The station is seeking to establish its right to the use of the hours after sunset as a part of its regular license. WJJD operates on 1130 kilocycles with 20 kw. DILL PROPOSES SENATE BROADCASTS Senator C. C. Dill (D), Washington, on March 15 introduced a resolution (S. Res. 29) in the Senate providing for the installation of necessary apparatus to broadcast proceedings of the upper cham¬ ber. The Senate Committee on Rules would be authorized “to make arrangements for the broadcasting of such proceedings of the Senate as the committee may determine through such radio broad¬ casting stations as it may be possible to arrange for broadcasting without expense to the Senate or the Government.” • Page 6 •