Broadcasting (Jan-June 1933)

is not opened by anyone before it reaches such sponsor, it may be sent otherwise than by 'letter' without violation of the private express statutes." Text of WGN Letter THE TEXT of the "WGN letter and the Donnelly ruling, now in full force by virtue of its affirmation by the new solicitor, are reprinted below in full text: This letter is written for the purpose of obtaining a ruling of the Post Office Department with respect to the handling of "audience" or "fan" mail received by radio broadcasting stations. It is my understanding that two rulings relative to the handling of such mail have already been made by the department. The first, which was embodied in a communication to the Columbia Broadcasting System, Inc., dated Dec. 2, 1932, declared that letters received by a broadcasting station for program sponsors which are not opened by the station but are merely assembled and counted for notation on the stations records, may be forwarded, by express or other similar method outside of the mails without the payment of postage, from the broadcasting station to the headquarters of the network, provided they are not opened upon receipt at the headquarters. The second ruling in a letter to postmasters, dated Feb. 15, 1933, provides that the class of mail hereinabove referred to may be mailed in bulk by the receiving station to the headquarters of the broadcasting network with postage prepaid at the fourth class or parcel post rates computed on the bulk weight of the parcels. Apparently both of the foregoing rulings were made with particular reference to chain stations and I am, therefore, anxious to determine how far they will apply to the independent or non-chain station. We represent radio station WGN, Chicago, 111., which is owned and operated by the same management as the Chicago Tribune. Sponsored programs are broadcast over WGN for many advertisers located in various parts of the country. Mail resulting from these broadcasts is usually sent directly to the station and then must be forwarded to the sponsor. If such mail had to be forwarded at first class rates, the postage required in many instances would exceed the revenue derived by the station from the broadcast. It is, therefore, essential that the station be permitted to adopt a course of forwarding this mail by other less costly methods consistent with the postal laws and regulations. Proposed Procedure WE, THEREFORE, submit the following proposed methods of procedure for the department's consideration: 1. Suppose WGN delivered mail to the Chicago office of the advertising agency handling the advertiser's account, could the agency after opening and tabulating the letters forward them to the advertiser by express? Would it make any difference in this situation if the letters were unopened prior to being forwarded to the advertiser ? 2. In some cases the advertising agency handling the advertiser's account has an employee, stationed in the main office of the advertiser. Suppose WGN delivered the mail unopened to the advertising agency in Chicago and the advertising agency expressed such mail to its employee in the advertiser's main office, who upon receipt thereof would turn it over to the advertiser unopened. This is a bona fide arrangement between advertiser and agency now prevailing on numerous accounts. It would seem that under these conditions a package of mail sent by express does not have the character of "letters" within the purview of the private express statutes. 3. Suppose that the advertiser had a branch office of its own in Chicago, could such a branch office forward mail delivered to it by WGN to the advertiser's main office by express ? 4. Suppose WGN used the branch office of the Chicago Tribune as forwarding headquarters could the mail be sent by express to such offices and then turned over to the advertiser or advertising agency? This situation appears to be analogous to that involved in the department's prior rulings on the subject. A ruling of the department approving any or all of the foregoing proposals is respectfully requested so that Station WGN may be advised to act in accordance therewith. Post Office Ruling THE DEPARTMENT'S reply, sent March 14, and bearing the signature of W. E. Triem, superintendent of the Division of Railway Adjustments, follows in full text: Reference is made to your letter of March 8, asking for an opinion with respect to the transmittal outside of the mails without payment of postage of audience mail received by the broadcasting station of the Chicago Tribune. The question was submitted to the Solicitor for this department with request for a ruling, and following is a copy of his reply: "With regard to Mr. Scharfeld's first query, viz., whether the fact that the previous rulings of the department relating to fan mail were rendered in response to requests of chain stations would have any bearing upon the matter or whether such rulings would apply with equal force in the case of independent or non-chain stations, the answer is that no distinction is made between the two classes of stations. The issue in all such cases is the same: whether the matter proposed to be forwarded outside the mails falls within the category of 'letters' within the meaning of the private express statutes. "Responding to Mr. Scharfeld's specific inquiries, the first question is whether WGN might deliver mail to the Chicago office of the advertising agency handling advertisers' accounts which would open and tabulate the letters and forward them to the advertiser by express. This plan would be objectionable. The second part of the first inquiry is whether it would alter the situation if the letters were unopened prior to being forwarded to the advertiser. The answer is yes. If the letters are not to be opened prior to the. time they reach the advertiser, they may be sent by express or by four class or parcel post rates. "The second, third and fourth inquiries all involve similar methods of procedure. It does not matter whether the fan mail is handled by an advertising agency, a branch office of the advertiser, or a branch office of the broadcasting station or the newspaper Mr. Hedges William Hedges Named KDKA New Manager WILLIAM S. HEDGES, Chicago manager of the NBC Local Service Bureau and director of "WMAQ, has been appointed g e n eral manager of KDKA, Pittsburgh, effective June 15. He succeeds Oliver Morton. Roy Hazenbach, of the WMAQ sales staff, and John Gihon, WMAQ continuity chief, may also go to Pittsburgh. Mr. Hedges, who from 1928 to 1930 was president of the National Association of Broadcasters and is now president of the Chicago Association of Broadcasters, is one of the pioneers of commercial radio* He was radio editor of the Chicago Daily News when that newspaper also assigned him to manage WMAQ. When half interest in the station was acquired by NBC in March, 1932, he remained with the new management. Mr. Hedges will be succeeded at WMAQ by Bill Hay, commercial man who is also announcer for Amos 'n' Andy. Await Wynn Network UNABLE to get under way on its latest scheduled inaugural date, which was June 5, the Amalgamated Broadcasting System, Ed Wynn's new network venture which proposes to link a group of stations in the east and then spread westward, is hastening the completion of its studio equipment installations at 501 Madison Ave., New York. Great interest in the project continues to prevail in broadcasting circles, but no new definite date for the opening has yet been announced. which owns same. If the fan mail is to be opened by some person before it reaches the advertiser, it may not be sent outside the mails to such person without payment of postage. If, on the other hand, it is handled one time or several times before it reaches its ultimate destination, viz., the office of the sponsor of the program, but is not opened by anyone before it reaches such sponsor, it may be sent otherwise than by 'letter' without violation of the private express statutes." Photo by Harris & Ewingr THE FEDERAL RADIO COMMISSION— This is the first photograph of the Commission since its reorganization with a Democratic majority. Seated, left to right, are Commissioners Thad H. Brown, vice chairman; W. D. L. Starbuck; Eugene O. Sykes, chairman; Harold A. Lafount, and James H. Hanley. Standing, left to right, are Herbert L. Pettey, secretary; George S. Porter, acting general counsel, and Dr. C. B. Jolliflfe, chief engineer. AFA Will Attract Many Broadcasters Postmaster Farley is Speaker; NAB Group Meets June 27 MANY broadcasters, including members of the NAB commercial section, are expected to attend the 29th annual convention of the Advertising Federation of America at Grand Rapids, Mich., June 25 to 29, it is indicated in advance reports. The NAB commercial section, headed by H. K. Carpenter, will hold its meeting, in conjunction with AFA on June 27, and a tentative program, covering a wide range of subjects of interest to advertisers, agencies and stations has been arranged. Farley to Speak POSTMASTER General Farley will address the AFA meeting June 26. Among other men in public life to address the assembly of advertising executives are Senators Capper of Kansas and Vandenberg of Michigan. Other convention speakers will include Stuart Peabody, New York, president of the Association of National Advertisers; Dr. Miller McClintock, Harvard University; T. K. Quinn, vice president of the General Electric Co.; Ralph Leavenworth, advertising manager, Westinghouse Electric and Manufacturing Co.; Dr. A. P. Haake, managing director, National Asso^. elation of Furniture Manufacturers; W. A. Oilman, president of N. W. Ayer and Son; Wendell L. Willkie, president. Commonwealth and Southern Corp.; Paul Ryan, manager of sales promotion, ShellAmerican Petroleum Corp.; H. G. , Weaver, General Motors Corp., and E. T. Gundlach, president, Gundlach Advertising Co. NAB Session Program THE TENTATIVE agenda for the NAB meeting follows: Problems of Station Promotion — Discussion led by John Patt, WGAR. Sales Management — Discussion led by Louis Weiss, WJR. Merchandising — Discussion led by Harry Howlett, WHK. Commercial Scripts — Discussion led by John Henry, KOIL. Cooperation with Local Civic Groups —Discussion led by Ed. Bill, WMBD. Participating Ideas — Discussion led by Ed. Craney, KGIR. Station Surveys — Discussion led by Martin Campbell, WFAA. Standardization of Units of Sale and Rates — Discussion led by Arthur B. Church, KMBC. Standardization of Commercial Forms — Discussion led by Roy Harlow, WNAC. Sales Problems Common to Both Small and Large Station — Discussion led by Leslie Fox, WSM. Station Displays — Discussion led by Don Davis, WHB. How the NAB Can Cooperate with Commercial Managers and Program Directors — Discussion led by Herman S. Hettinger, University of Pennsylvania. Maintenance of Published Rates — Discussion led by Philip G. Loucks, NAB managing director. A NEW local station for Florence, Ala., to broadcast daytime with 100 watts on 1420 kc, was granted to Kathryn Jones, of that city, by the Radio Commission June 2. Page 6 BROADCASTING • June 15, 1933