NAB reports (Mar-Dec 1933)

The National Association of Broadcasters NATIONAL PRESS BUILDING * . . . . WASHINGTON, D. C. PHILIP G. LOUCKS, Managing Director NAB REPORTS ..... ^ 2 N^i Copyright. 1933, The National Association of Broadcasters BROADCASTERS FLY BLUE EAGLES The National Recovery Administration on August 31 formally approved the application of the National Association of Broadcast¬ ers to have substituted in the President’s Reemployment Agree¬ ment certain provisions from the proposed Code of Fair Competi¬ tion for the Broadcasting Industry which was filed on August 29. This means that all stations who can comply with the agreement as modified should sign the President’s Reemployment Agreement and the Certificate of Compliance, and obtain the BLUE EAGLES at once. The President’s Reemployment Agreement, as modified through the granting of the NAB application for substitution, should not be confused with the Proposed Code of Fair Competition for the Broadcasting Industry which was filed on August 29. This Code must be the subject of a public hearing and it is likely that this hearing will be held about the middle of September. Following the hearing and after the President has finally approved the Code of Fair Competition for the Broadcasting Industry, the approved Code will supersede the President’s Reemployment Agreement and stations will operate under the approved Code. The substitutions in the President’s Reemployment Agreement which were approved today are as follows: For Paragraph 3 of the President’s Agreement (Code Reference: Art. IV, Sec. 3, Sec. 4, Paras, (d) and (e): “No factory or mechanical worker or artisan (other than radio operators, control men, announcers, production men, and employees on special event programs) shall be employed more than a maximum of 40 hours per week, nor more than 8 hours in any one day. Radio operators, control men, an¬ nouncers, production men, and employees engaged on special event programs, shall not be employed more than a maximum week of 48 hours.” And for Paragraph 4 of the President’s Agreement (Code Refer¬ ence: Sec. 4 (a) : “The maximum hours fixed in the foregoing paragraphs (2) and (3) shall not apply to employees in establishments em¬ ploying not more than two persons in towns of less than 2,500 population which towns are not part of a larger trade area; nor to managerial, executive and supervisory employees and production men and announcers who receive $35.00 or more per week; nor to employees on emergency maintenance and repair work; nor to very special cases where restrictions of hours of highly skilled workers on continuous processes would unavoid¬ ably reduce production but, in any such special case, at least time and one-third shall be paid for hours worked in excess of the maximum. Population for the purposes of this agreement shall be determined by reference to the 1930 Federal census.” Except for the substitutions as above set forth, there are no other changes in the printed text of the President’s Agreement. TO OBTAIN THE BLUE EAGLE, each station should secure from its Postmaster a copy of the President’s Reemployment Agreement and Certificate of Compliance. The President’s Re¬ employment Agreement should be signed and the Certificate of Compliance should also be signed with the following paragraph written thereon: “To the extent of NRA consent as announced we have com¬ plied with the President’s Agreement by complying with the substituted provisions of the Code submitted for the Radio Broadcasting Industry.” When this has been done, the copy of the Agreement should be mailed in the envelope provided for that purpose. The Certificate of Compliance, with the above notation thereon, should be deliv¬ ered to the Postmaster who will present the signer with BLUE EAGLE insignia. Stations may then display the coveted BLUE EAGLES. It is suggested that appropriate announcements be made on the air. Each station is reminded that immediately upon signature the provisions of the modified agreement become effective. General Johnson signed the NAB application less than fortyeight hours after the NAB submitted its proposed code for fair competition on August 29. Copies of the proposed code, now awaiting hearing, were sent to all broadcasters and reaction from the industry has been favorable. It was indicated that the hearing will be held about September 20 and it is likely that some opposition from non-broadcasting groups will become evident at the time of hearing. President Alfred J. McCosker, Managing Director Philip G. Loucks, and John W. Guider, special counsel, constitute the com¬ mittee for submission of the Code The code committee, consisting of ten members will be on hand for the hearing. Since the approval of the temporary code many stations have already signed up and are displaying the NRA insignia. Not only are stations doing their part by complying with the provisions of the President’s Agreement, but more than 500 stations have taken an active part in the publicity campaign by putting on programs promoting the NRA and by cooperating with their local committees. WIP SUES TO DISSOLVE ASCAP A suit to dissolve the American Society of Composers, Authors and Publishers as a violator of the Federal Anti-monopoly laws was filed in the United States District Court at New York Sep¬ tember 1 by the Pennsylvania Broadcasting Company of Phila¬ delphia, owner of Radio Station WIP, according to an announce¬ ment by Oswald F. Schuette, NAB copyright director. The suit is based on the copyright contract which Station WIP charges that it was compelled to sign as part of ASCAP’s attempt to interfere with interstate commerce. This is the standard form of coypright contract exacted by ASCAP from practically all broadcast¬ ing stations. The Federal Court is asked in the suit to disband ASCAP as an illegal combination and to declare void the contracts between that organization and its members and to enjoin its mem¬ bers and officers from interfering with interstate commerce by bringing infringement suits. The attorneys who filed the suit were the law firm of Hon. Newton D. Baker — Baker, Hostetler, Sidlo and Patterson of Cleve¬ land, Ohio — and I. D. Levy of Philadelphia. Mr Baker is the general counsel on copyright matters for the National Association of Broadcasters and Mr. Levy is the chairman of the Finance Committee in charge of the copyright campaign. The entire broadlcasting industry has a vital interest in these proceedings. By an interesting coincidence they were begun on the day on which ASCAP put into effect a 33 1/3 per cent in¬ crease in its percentage exactions from all stations — raising them from 3 to 4 per cent on station income. PROGRAM CLEARING HOUSE (D 2:4) “THE HIGGINS CORNERS MUSIC MAKERS.” Thirty minutes. Two characters. The program revolves about the Saturday night dances which are held at the Higgins Corners MAKE YOUR PLANS NOW TO ATTEND THE NAB CONVENTION TO BE HELD AT WHITE SULPHUR SPRINGS, W. VA., OCTOBER 8, 9, 10 AND 11. Page 125