NAB reports (Mar-Dec 1933)

TENNESSEE FAVORS ATHLETIC BROADCASTS Tennessee has joined the ranks of Southern States that would permit or compel broadcasting of college football games — all of which was started a couple of years ago when the Southern Con¬ ference took a stand against it. South Carolina is the only state that has actually put the law on the statute books this year (March 13), and Tennessee is the latest state to fall in line by H. 417, introduced by Mr. DeLozier on March 7th. LIABILITY FOR ARTIST’S COAT When a broadcasting station invites a singer, without compensa¬ tion, to perform at its studios, and she leaves her coat in a re¬ ception room, which she knows is open to the public, and not in the custody of an employee, she assumes the risk of loss and the station is not responsible. This is the decision of the Superior Court of Pennsylvania in Nolde vs. WDAS Broadcasting Station, Inc. (Philadelphia), reversing, March 3, 1933, the lower court which found for the plaintiff for S2S0. EXEMPT RADIOS FROM TAXATION Iowa followed Oklahoma in consideration of a proposal to add radio receiving sets to the exempt class when Mr. Reese introduced Bill No. 356 in the Iowa Senate; but a day later it was learned that on March 9th the Oklahoma bill (H. 596) was killed. LOTTERY CONSPIRACY IS UPHELD A conspiracy to use the United States mail to deliver circulars, letters, etc., concerning a lottery was sufficiently charged where it was alleged that the prize checks were drawn on a Texas bank, deposited in the United States Mail, and reached their destinations, even though the information concerning the lottery was broadcast from a Mexican station (XED at Reynosa) and regardless of whether or not the conspiracy was originally entered into in the United States or Mexico. Judgment of conviction affirmed by Circuit Court of Appeals, 5th Circuit (Texas) on February 20. 1933, Horwitz et al. vs. United States. FULMER ASKS RADIO INVESTIGATION Representative Fulmer (D) South Carolina, on March 9 in¬ troduced a resolution (H. Con. Res. 1) providing for a study of radio broadcasting in the United States and other countries to obtain information to be used as a basis for legislation. The com¬ mittee proposed in the measure would be composed of two members of the Senate, two members of the House, one each representing labor, education, religion, the press, the home, and the radio in¬ dustry. The resolution is similar to one which died with the last session of Congress. It has been referred to the Committee on Rules. NATIONAL COMMITTEE NAMES CRAVEN The National Committee on Education by Radio has announced the appointment of Commander T. A. M. Craven, Washington, consulting radio engineer, as its representative to the forthcoming North American Radio Conference. Commander Craven, who has wide experience in international radio conferences, has been named a member of the general committee, headed by Judge Sykes and Senator White, which is preparing for the conference. McFADDEN PROPOSES INVESTIGATION Representative McFadden (R), Pennsylvania, on March 9, re¬ introduced his resolution (H. Res. 19) providing for the creation of a committee of five members to investigate the earnings and expenditures of the National Broadcasting Company and the Columbia Broadcasting System and to determine whether “these major organizations do tend to dominate or monopolize the radio broadcasting field.” The resolution is similar to one introduced by Representative McFadden in the last Congress. It has been re¬ ferred to the Committee on Rules. FEDERAL TRADE VOTES COMPLAINTS Formal complaints charging corporations, partnerships and per¬ sons engaged in commerce with violations of the laws over which the Federal Trade Commission has jurisdiction were made public in five cases during February. These cases are as follows: 2085 — Carleton Mills, Inc., New York City, engaged in the sale of men’s clothing. Charged with alleged representation of retail dealer as wholesale dealer. 2086 — S. W. Pike, Seedsman, Inc., St. Charles, engaged in the sale of seeds. Charged with alleged representation of articles as gratuities when their cost is included in the price charged for the merchandise with which they are alleged to be given free of charge. 2087 — Charles H. Bacon Company et al., Lenoir City, Tenn., manufacturer of hosiery. Charged with alleged misbranding. 2088 — Nursol Laboratories, Inc., et al., New York, engaged in the sale of an alleged treatment for epilepsy; and 2089 — Charles R. Spicer Company, Inc., Memphis, engaged in the sale of pro¬ prietary medicines. Both charged with alleged misrepresentation of therapeutic value. Orders to cease and desist were made public in the case of Armand Company, Inc., Des Moines (1329), manufacturer of toilet articles and cosmetics, ordered to discontinue the policy of requiring purchasers of products for resale to agree to maintain resale prices fixed by respondent and to agree not to sell to pricecutting retail dealers; and in the case of T. H. Banfield, Berkeley, Calif. (2051), engaged in furnishing correspondence courses of in¬ struction in secretarial duties and business administration and in selling rebuilt typewriters, ordered to discontinue the use of the word “University” in trade name or in any way as descriptive of the business conducted by respondent, to discontinue representing that a students’ foundation cooperates with respondent’s school or assists the pupils, when such is not the fact, and to discontinue representing the regular prices as special, reduced prices. Orders of dismissal were issued by the Commission in the case of San Martin and Leon Company, Inc., Tampa (1458), engaged in the sale of cigars: and in the case of Pond’s Extract Company. New York City (2019), engaged in the manufacture of toilet preparations. HEARING CALENDAR A hearing on a constructive permit application filed by WBEN. Inc., Buffalo, N. Y„ for an ultra-high frequency visual broadcasting station will be held Monday, March 20, 1933, at 10 a. m. On Wednesday, March 22, 1933, at 10 a. m., oral argument will be heard by the Commission sitting en banc on the applications of WKRC, Cincinnati, Ohio, for renewal license (500 watts, and 500 watts additional experimentally); KWEA, Hello World Broad¬ casting Corp., for renewal and for construction permit to move to Baton Rouge, and W. H. Allen & Co., Alexandria, La., for the facilities of KWEA; WFIW, Hopkinsville, Ky., for renewal and for construction permit to move to Louisville, and WLAP, Louis¬ ville, Ky., for the facilities of WFIW. The application of WlXAL, Shortwave Broadcasting Corp., Boston, Mass., for a relay broadcasting license has been remanded to examiner for further hearing, which will be conducted Friday. March 24, 1933, at 10 a. m. APPLICATIONS SET FOR HEARING New, W. L. Gleason, Sacramento, Calif. — C. P. for new station to operate on 1490 kc., unlimited time. New, Don Lee Broadcasting System, Redlands, Calif. — C. P. for new station to operate on 780 kc., 500 watts, unlimited time (facilities of KTM and KELW). New, Visual Broadcasting Laboratories, Kansas City, Mo. — C. P. for visual broadcasting; 2750-2850 kc. and 43000-46000 kc., 500 watts. WMAS, WMAS, Inc., Springfield, Mass. — C. P. to increase day power from 100 to 250 watts, and make changes in equipment increasing maximum rated power from 100 to 250 watts. WINS, American Radio News Corp., New York, N. Y. — Modification of License to increase operating power from 500 watts to 1 kw. WIP, Pennsylvania Broadcasting Co., Philadelphia, Pa. — Special authority to increase power from 500 watts to 1 kw. experimentally. WRDO, WRDO, Inc., Augusta, Me. — C. P. to move to Port¬ land, Me. • Page 9 ■