NAB reports (Mar-Dec 1933)

terminated. The station appealed to ttfe Court of Appeals of the District of Columbia which upheld the Commission and then ap¬ peal was filed in the United States Supreme Court which has now denied further appeal. In the case of William S. Pote, the latter filed an application with the Commission for involuntary assignment of the license of WLOE. The Commission refused this and Mr. Pote followed the same procedure as that followed by the station in its appeals. The Supreme Court has now also refused him further appeal. RECOMMENDS AGAINST UNLIMITED TIME Station WJBK, Detroit, Mich., and WIBM, Jackson, Mich., both operating on a frequency of 1370 kilocycles, applied for unlimited time. Denial of these applications is recommended in Report No. 516 (Ralph L. Walker, e.) this week. The Examiner recommended that the application of Station WIBM be denied as in cases of default because it failed to make any appearance when the hearing w’as called. In connection with the application of WJBK the Examiner found that “w’hile such operation (full time) would un¬ doubtedly benefit the applicant from a financial viewpoint, it does not appear that additional program service is needed in the Detroit area.” In connection with WJBK the Examiner found that “un¬ limited time, will add to the interference condition now existing on the frequency in question and thereby make more difficult the problem of correcting that condition at some future date.” DEMURRER IN WMAL CASE The Radio Commission this week filed a demurrer in the Supreme Court of the District of Columbia in the case of Gerald V. Moore against the Commission. In this case Moore filed a suit in the Court calling upon the Court to have the Commission refuse to renew the license of WMAL, Washington, D. C., leased by the National Broadcasting Company, subsidiary of the Radio Corpora¬ tion of America on the basis that this company had been adjudged as violating the anti-trust laws. A similar case was denied by the same Court a few months ago. WLAP APPEAL IS DISMISSED The Court of Appeals of the District of Columbia has dismissed the appeal of Station WLAP, Hopkinsville, Ky. It was dismissed at the request of the station itself. On June 16 the Radio Com¬ mission refused to change the frequency of the station from 1200 to 940 kilocycles and to increase its power from 100 to 1,000 watts. Appeal was taken from this decision of the Commission which has now been dismissed. RETAIL CODE GOVERNS ADVERTISING The Retail Trade Code, which was approved on October 23 and becomes effective on October 30, contains a provision govern¬ ing the advertising and sale of goods by retail merchants. The retail code does not affect the retailing of milk and its products, tobacco and its products, food and food-stuffs or other branches of retail selling already under separate codes, General Johnson pointed out this week. Neither does it become binding upon retailers in towns of 2,500 or less population. Article IX, Section 1 of the Retail Code provides: “(a) No retailer shall use advertising, whether printed, radio or display or of any other nature, which is inaccurate in any material particular or misrepresents merchandise (including its use, trade-mark, grade, quality, quantity, size, origin, material, content, preparation or curative or therapeutic effect) or credit terms, values, policies or services; and no retailer shall use advertising and/or selling methods which tend to deceive or mislead the customer. “(b) No retailer shall use advertising which refers inaccurately in any material particular to any competitor or his merchandise, prices, values, credit terms, policies or services. “(c) No retailer shall use advertising which inaccurately lays claim to a policy or continuing practice of generally under-selling competitors. “(d) No retailer shall secretely give anything of value to the employee or agent of a customer for the purpose of influencing a sale, or in furtherance of a sale render a bill or statement of account to the employee, agent or customer which is inaccurate in any material particular. “(e) No retailer shall place obstacles in the way of the pur¬ chase of a product which a consumer orders by brand name by urging upon the consumer a substitute product in a manner which disparages the product ordered.” • Page QUOTA REVISION UNDER DISCUSSION Revision of the quota system adopted by the Federal Radio Commission several years ago has been the subject of discussion at Commission headquarters. Although the courts have sustained the present system, it is felt in some quarters that revision is necessary to provide for greater equality in reception. Since the system is of the Commission’s own creation, it could be changed without Congressional action. Whether or not official action will be taken on the subject is conjectural. The question has been discussed and undoubtedly will receive further study. SECURITIES ACT REGISTRATION The following companies filed registration statements with the Federal Trade Commission under the Securities Act during the current week: Bell Rose Industries, Inc., Dover, Del. (2-295). Blumer Brewing Corporation, Monroe, Wis. (2-297). Gillet Realty Corporation, Baltimore, Md. (2-291). Old Jordan-Old ’76 Distillery Company, Covington, Ky. (2-294). Old Monroe Brewing Association, St. Louis, Mo. (2-293). Republic Mortgage Company, Albuquerque, N. M. (2-299). Suburban Electric Utilities Company, Dunlap, Ill. (2-296). Warrington Apartments Company, Baltimore, Md. (2-290). Williams & Company, Inc., New York City (2-292). Wright and Taylor Distilling Corporation, Baltimore, Md. (2-298). Chopaka Mining Corporation, Seattle, Wash. (2-301). Double Eagle Mining Company, Baldy, N. M. (2-308). East Contra Costa Irrigation Bondholders Protective Committee, San Francisco, Cal. (2-305). Edward M. Fitch, Jr. and Others, Philadelphia, Pa. (2-306). Goldfield Operators, Ltd. Los Angeles, Cal. (2-302). Halifax Power and Pulp Company, Sheet Harbour, Nova Scotia, (2-304). Maynard & Child, Inc., New York City (2-300). Oakman Brewing Company, -Detroit, Mich. (2-309). Scottish Type Investors, Inc., Jersey City, N. J. (2-303). Southwestern Trading Company, Denver, Colo. (2-307). SECURITIES ACT STOP ORDERS The Federal Trade Commission this week issued stop orders suspending the effectiveness under the Securities Act of registration statements filed by Southern Trading Company, Denver, Colo.; Liberty Brewing Company, Baltimore, Md.; and Byron Gold Mining Company, Omaha, Nebr. RADIO CONTROL DEBATE NOVEMBER 1 Many high schools throughout the country have adopted as the official debate question for the coming winter the subject: “Resolved, That the United States Should Adopt the Essential Features of the British System of Radio Control and Operation.” This question was suggested by the Committee on Debate Materials of the National University Extension Association, of which Mr. T. M. Beaird of the University of Oklahoma is Chairman. For the purpose of giving information to the high school pupils who will engage in platform debate on this subject a radio program has been arranged for November 1, 3:00 to 4:00 Eastern Standard Time, on the coast to coast networks of both the Columbia Broad¬ casting System and the National Broadcasting Company. Manage¬ ment of this broadcast was entrusted to the National Advisory Council on Radio in Education, of w’hich Dr. Levering Tyson is Director. Time for the program on both national networks was secured through the cooperation of the National Association of Broadcasters. The affirmative side of the question will be presented by Pro¬ fessor E. C. Buehler, Director of Forensics, University of Kansas, Lawrence, Kansas; Dr. H. L. Ewbank of the Department of Speech, University of Wisconsin, Madison, Wisconsin; and Pro¬ fessor C. C. Cunningham, Director of University Debate and Pro¬ fessor of Public Speech, Northwestern University, Evanston, Illinois. The negative side of the question will be presented by Dr. Harry W. Chase, Chancellor of New York University; Professor C. H. Judd, Dr. Louis Brownlow and Professor T. V. Smith, all of the University of Chicago. Dr. Levering Tyson will act as Chairman. The Debate will be held from broadcasting studios in Chicago and New York. Thousands of high school debating clubs and leagues throughout the country will listen in. 207 •