NAB reports (Jan-Dec 1941)

NEW ASSISTANT TO CHAIRMAN The FCC announced the appointment of Robert G. Seaks of Harrisburg, Pa., as Assistant to the Chairman, James Lawrence Fly. From 1934 until the present time Mr. Seaks was a member of the legal staff of the Tennessee Valley Au¬ thority, except for a period in 1936 and 1937 when he did graduate work at Yale Law School. Mr. Seaks was graduated from Gettysburg College in 1931, after being elected to Phi Beta Kappa. Three years later he was first man in the graduating class at Duke Law School. He was admitted to the bar in Tennessee. IMr. Seaks assumes his new duties today, filling the vacancy caused by appointment of Nathan H. David to the Commission’s legal staff. FILING INFORMATION AT FCC The FCC on January 14 amended its Rules governing the filing of information, contracts, periodic reports, etc., as follows, effec¬ tive immediately: Amended Sections 43.51 and 43.52 by adding thereto the follow¬ ing: “Upon compliance with the requirements of this section by one party to any such contract, agreement, or arrangement, the filing of a statement in writing duly sworn to by the other party or parties thereto identifying such contract, agreement, or arrangement, and adopting the filing thereof, shall be re¬ garded as compliance with the requirements of this section by such other party or parties.” FCC RULE AMENDED FCC on January 7 amended its Rules of Practice and Procedure, Part I, as follows, effective immediately: Amended Section 1.356 to read as follows: "Sec. 1.356. Forfeiture of construction permits; extensions of time. — (a) A construction permit shall be automatically forfeited if the station is not ready for operation within the time specified therein or within such further time as the Com¬ mission may have allowed for completion, and a notation of the forfeiture of any construction permit under this provision will be placed in the records of the Commission as of the expiration date. (b) Any application^ for extension of time within which to construct a station shall be filed at least thirty days prior to the expiration date of such permit if the facts supporting such application for extension are known to the applicant in time to permit such filing. In other cases such applications will be accepted upon a showing satisfactory to the Commission of sufficient reasons for filing within less than thirty days prior to the expiration date. Such applications will be granted upon a specific and detailed showing that the failure to com¬ plete was due to causes not under the control of the grantee, or upon a specific and detailed showing of other matters suffi¬ cient to justify the extension.” ENGINEERING CONFERENCE A radio engineering conference convened here in execu¬ tive session January 14 to harmonize the action of the radio administrations of Canada, Cuba, Dominican Re¬ public, Haiti, Mexico and the United States so that the assignment of frequencies to broadcasting stations in the ' FCC Form No. 701. 50 — January 17, 1941 standard broadcast band will conform with the provisions of the North American Regional Broadcasting agreement signed at Havana on December 13, 1937. The provisions of this convention will become effective on March 29. The following representatives attended the conference: Canada — Mr. Donald Manson ; Mr. J. W. Bain, Department of Tranport; Mr. K. .4. Mackinnon; Mr. W. G. Richardson, Canadian Broadcasting Corporation; Mr. Ronald Macdonnell, Canadian Legation, Washington. Cuba — Mr. Francisco Suarez Lopetequi; Guillermo Morales; .“Mfonso Hernandez Cata; Armando Mencia, Director, InterAmerican Radio Office. Dominican Republic — The Honorable Andres Pastoriza, Minister of the Dominican Republic. Haiti — The Honorable Elie Lescot, Minister of Haiti. Mexico — Mr. Juan C. Buchanan; Mr. Salvador Tayabas. United States — Department of State: Mr. Thomas Burke, Chief, Division of International Communications; Mr. Francis Colt de Wolf, Division of International Communications; Mr, Harvey B. Otterman, Division of International Communications; Mr. Edward Wailes, Division of European Affairs; Mr. Philip Bonsai, Acting Chief, Division of the American Republics; Mr. Guillermo Suro, Acting Chief, Central Translating Office. Federal Communica¬ tions Commission : Commander T. A. M. Craven, Commissioner; Mr. E. K. Jett, Chief Engineer; Mr. ,4ndrew D. Ring, Assistant Chief Engineer; Mr. Gerald C. Gross, Chief, International Divi¬ sion; Mr. Joseph L. Rauh, Jr., Assistant General Counsel. FROM THE FCC MAIL BAG Christmas has passed, but a Louisiana woman feels that many children of the nation are disillusioned about “Santa Claus” as a result of remarks made from time to time on the radio, and solicits the aid of the FCC in this connection. But the Commission is limited by statute from exercising power of censorship over radio programs. Inasmuch as station licensees have the initial responsi¬ bility for the selection of program material and are interested in the reaction of listeners to presentations, it is suggested that the woman convey her comments to the management of the network which carried the references to which she objects. Because it has no authority to require broadcast stations to produce specific programs, the Commission has referred to an appropriate medium a suggestion and desire on the part of a uni¬ versity official to help develop programs to aid the national defense. A New Yorker is advised that neither the Communications Act nor Commission rules and regulations specifically prohibit a radio announcer from repeating a story which appeared in a newspaper. However, a copyright question may be involved. .4 Washington correspondent inquires about reported limita¬ tions upon facsimile broadcasting of typewritten matter. He is informed that facsimile broadcasting is provided for under Com¬ mission regulations and that there is no limitation of the type mentioned. It is possible that he may have in mind facsimile transmissions by point-to-point stations which might involve questions of a communications character. A law journal, which asks about Commission “pre-trial” pro¬ cedure, is informed: In its regulation of communications by wire and radio under the Communications .4ct of 1934, as amended, the Commission has no regularly established “pre-trial procedure” which is directed toward determining whether sufficient grounds exist for filing a complaint against either the witnesses themselves or those with whom they are connected, nor do its rules provide for such procedure. The hearings held by the Com¬ mission in connection with its execution and enforcement of the Act are either informal or formal as provided for in its rules. The Commission does apply pre-trial processes in the vary¬ ing situations with which it has to deal. .4s an example, in a recent case information came into the possession of the Com¬ mission which, if founded on fact, would have properly