Broadcasting (July - Dec 1936)

Grant of Station to St. Louis Star Times Brings Political Charges, Court Appeals TWO COURT appeals, an attack by the Republican National Committee upon the New Deal and the FCC and a battle of newspaper headlines in St. Louis, have developed as a result of the FCC decision of last month granting to the St. Louis Star-Times a construction permit for a new regional station in that city (to be known as KXOK and to operate full time with 1,000 watts on 1250 kc.) over the competitive application of WIL, St. Louis local, for the same facilities. Both WIL and the St. Louis Post-Dispatch, operating KSD, appealed to the U. S. Court of Appeals for the District of Columbia in opposition to the FCC decision. Both asked stay orders to prevent the FCC from making its authorization for the new station during the pendency of the litigation. The court on Oct. 24 granted both the KSD and WIL's petitions. The FCC did not oppose either. Examiner Overruled THE Republican Committee, in a two-page "handout" released in Washington Oct. 21, charged that the FCC made an "outright gift of $500,000 to the only newspaper in St. Louis to support Roosevelt's reelection". It alleged that in the face of recommendations that the application be denied made by an examiner, Democratic members of the Broadcast Division gave the approval. Records show that all three members of the Broadcast Division voted in favor of the Star-Times application against that of WIL, which sought to increase its position from a local to a regional on the 1250 kc. channel with 1,000 watts day and night. The Republican release went into a recital of the examiner's report and charged that the reasons giving by the FCC for the granting of the application were "thought up so that the Commission would have an excuse to grant application to the Star-Times so that New Deal propaganda could be aired * * *." This, it declared, "is evident when the examiner's report is analyzed." The announcement had its immediate repercussions in St. Louis, with the Post-Dispatch, Star-Times and Globe-Democrat (which does not have a station) blasting forth with streamers. The Star-Times, of which Elzey Roberts, former chairman of the radio committee of the American Association of Newspaper Publishers, is the publisher, published the Republican handout in full, together with its own editorial comment. Mr. Roberts is the owner of KFRU, Columbia, Mo., which he recently purchased. In its editorial comment, the Star-Times stated that more than two years ago it decided to join the growing number of newspapers owning and operating radio stations. About a year ago, it pointed out, application was made to the FCC for a station on 1250 kc. with 1,000 watts. The newspaper stated: "Sometime after the Star-Times application was filed, another St. Louis radio station entered an application for the identical facility which the Star-Times had requested. If these were 'conflicting ap plications' the conflict was caused by the application which was filed after that of the Star-Times." The statement continued that after considering both applications, the FCC issued the construction permit to the Star-Times, effective Oct. 6. Then it pointed out that the FCC was a bipartisan body consisting of members of high standing, representing both political parties. "There is probably no branch of the government which is further removed from political considerations than the FCC," continued the editorial. "If any evidence of that fact were needed, it can be found in the perusal of radio grants made by the Commission in the past two years, which show a proportion of radio grants to newspapers hostile to the present administration. "In view of the well-known fact that the Communications Commission has leaned backwards to maintain its impartiality, it seems that the Republican National Committee has reached an all time low in political activity in charging . that a single grant was for political considerations because it was to a newspaper that had supported what it believed to be right in Mr. Roosevelt's administration and has with equal vigor criticized what it believed to be wrong." Appeals of KSD and WIL KSD, in its appeal filed Oct. 20, brought out that KSD is an applicant for full time before the FCC, and that, among other things, the FCC erred in granting the Star-Times application without having previously granted the long pending application of KSD for full time, claiming that this right is superior to any competing or conflicting claim of the StarTimes to establish a new service. This appeal, filed by Paul M. Segal and George S. Smith, Washington attorneys, recited a dozen other allegations of error on the part of the FCC in granting the application. The second appeal, filed on behalf of WIL on Oct. 23 by Louis G. Caldwell, Donald C. Beelar and Percy H. Russell, Jr., Washington attorneys, contended that the Broadcast Division, among other things, had not conformed with regular procedure in granting the construction permit to the StarTimes. It brought out that on Oct. 5, prior to the effective date of the decision, it had filed a petition for rehearing with the FCC, which petition was denied for "want of jurisdiction" on Oct. 21 since KSD, on the preceding day, had filed its notice of appeal in the Court of Appeals. Up to Oct. 6, the WIL appeal stated, the FCC had not made public its findings of fact or any grounds for the decision granting the Star-Times application and this was not made public until Oct. 17. This was branded an improper procedure, and it also was alleged that the FCC dismissed the petition for rehearing, alone: with a supplemental petition, "without considering the merits thereof". In reciting reasons for the appeal, WIL contended that the FCC has no power or jurisdiction to make the decision in favor of the SOME DEFINITIONS Radio Trade Terms Explained By Col. Stoopnagle RADIO terms have been defined by Col. Lemuel Q. Stoopnagle, of the Stoopnagle & Budd duo, so listeners may "enjoy their loudspeaker far more than before". His definitions are: Program — Music or talk designed to fill the space between station announcements and time signals.* Sponsor — A man without whom you aren't on the air. Script — T ypewritten sheets which Fred Allen is funniest when he departs from. Announcer — Fellow with a nice voice who talks about stuff he hopes you will buy some of. Stooge — Man or woman who is given funny things to say and then thinks he or she is a comedian. Microphone — Thing you talk into and they hear you where you aren't. Orchestra — Bunch of men who, on a comedy program, play after the applause by the studio audience. Engineer — Serious looking man who twiddles gadgets and things and nobody knows what he is doing. Rehearsal — Four or five hours of stuff when the comedian's manager, press agent and friends almost die laughing at the jokes. Production Man — Guy with a stop watch to count the minutes between station breaks and see that call letters are broadcast on schedule. ♦Example — 5:30 to 6:00 p. m., Sundays, over the NBC-Blue network when someone is on with a fellow named Budd. Star-Times under the circumstances. By failing to follow proper procedure, it was contended the action violated the Communications Act, as well as the due process clause of the Constitution. Moreover, it held that if the Communications Act be construed as not requiring that a decision such as involved be accompanied by findings of fact, then the act itself is unconstitutional. The appeal then went into the merits of the FCC decision and contended that it was in error for a long list of reasons. In its petition for a stay order, WIL contended that unless the decision is stayed, WIL will suffer serious and irreparable injury in that the Star-Times will proceed with construction of the new station, and the operation of the proposed station will mean substantial economic loss to WIL. Already, it was charged, the Star-Times has "solicited contracts among advertisers now using and helping to support appellant's station and in at least one instance known to appellant has succeeded in persuading an important advertiser now using appellant's station to agree to use the proposed station if and when established." First of WBBM Studios I Ready for Operation as Construction Progresses AFTER six months of construction, new WBBM-CBS Wrigley building studios are shaping up into one of the most modern studio office plants in radio. One dramatic and orchestra studio, No. 9, is already in service; the 285-seat WBBM air theater, Studio No. 10, is scheduled to beein operations Nov. 2, while the new executive, sales, program, news, and publicity offices of WBBM and CBS on the second floor of the Wrigley building will be completed by November 7. WBBM studios No. 1 and 2, in service since 1930, will immediately be torn up, to be replaced by modern "live end, dead end" studios similar to those now in use by CBS in New York. Final completion and dedication of the nine-studio plant is not expected before next spring, although the new modernistic office layout will be in use beginning with the first week in November. Cost of building, equipping, furnishing, and air-conditioning the entire WBBM office and studio layout exceeds $300,000. Plans were made by William Lescaze, New York modernistic architect who also designed Columbia's New York studios at 485 Madison avenue, and the new CBS Hollywood plant to be built in 1937. f Completion of the audience studio, No. 10, will give WBBM its first regular theater for programs since the days when H. Leslie and Ralph Atlass charged $1 admission to the old WBBM Kimball hall studios in 1928. Sues March of Time DONALD F. JACKSON, a senior at the University of North Carolina, on Sept. 30 filed a $100,000 damage suit in the New York Supreme Court naming CBS, Time Inc., New York, and Remington Rand Inc., Buffalo, as defendants. The plaintiff alleges that the Feb. 4, 1936, broadcast of the March of Time, then sponsored by Remington Rand and edited by Time, implied that he was involved in an "examination cheating ring" which was described on the program. Mr. Jackson claims he was not suspended from the school because of this disclosure, but because he stayed out with a girl companion after school hours. FTC Cites Biotone BIOTONE LABORATORIES Inc.. and Rocky Mountain Laboratories, Salt Lake City (Biotone), are charged by the Federal Trade Commission with making exaggerated and untrue claims for their product. New Station Sought MID-ATLANTIC Corp., of Washington, formed by Eugene Meyer, publisher of the Washington Post, and former governor of the Federal Reserve Board, on Oct. 21 filed with the FCC an application for a new station on the high fidelity channel of 1570 kc, with 1,000 watts unlimited time. The newspaper already is an applicant for assignment on the 1310 kc. local channel with 100 watts, seeking the facilities now occupied by WOL, Washington, which has been authorized to remove to the 1230 kc. regional frequency with 1,000 watts. ROSCOE TURNER, speed flyer, has been signed by NBC as star of the network's Flying Time program, dramatic juvenile serial. Colonel Turner will also serve as an aviation reporter for the network, covering air races and similar events. Page 44 • November 1, 1936 BROADCASTING • Broadcast Advertising