Broadcasting (Oct 1931-Dec 1932)

Supreme Court Gets WMBB-WOK Case Again as it Denies Shuler Trial Review WLOE Appeals From Deletio^by Commission ; Other Rulings Made Within PasF ortnight BRISK ACTIVITY climaxed by reentry in the U. S. Supreme Court of the American Bond & Mortgage Co. case challenging the constitutionality of the Radio Act of 1927 and refusal of that tribunal to review the Shuler-KGEF free speech case at this time have marked the past two weeks in radio jurisprudence. For the second time the Supreme Court has before it the WMBBWOK ease, decided last Summer by the Circuit Court of Appeals in Chicago in favor of the Government in an opinion which held the radio law valid and disallowed the claim of property rights. Last year the case was before the Supreme Court along with that of WCRW, Chicago, by certificate from the Appeals Court, but the highest tribunal remanded the questions with instructions that the lower court decide them. The new petition for certiorari results from that decision. WMBB-WOK was deleted in the 1928 allocations, while WCRW was reduced in power at the same time. Refusal of the Supreme Court to review the Shuler case, involving deletion of KGEF, Los Angeles, by the Commission last October because of the sensational broadcasters of the Rev. Robert P. Shuler, does "not prejudice the opportunity for a later appeal. The case now is pending before the Court of Appeals of the District of Columbia, which refused to grant the station a stay order so as to remain on the air during pendency of the appeal. It was from the stay order denial that Louis G. Caldwell, Shuler counsel, essayed a short-cut to the Supreme Court and raised for the first time the issue of freedom of speech on the air along with the constitutional question of property rights. WLOE Files Appeal AN APPEAL from the Commission's decision of Jan. 18 deleting WLOE, Boston, because of failure to serve public interest and purported lack of financial responsibility, was filed in the Court of Appeals Jan. 26, by the Boston Broadcasting Co., licensee, through Mr. Caldwell and Arthur W. Scharfeld, counsel. A stay order to prevent the Commission's decision from becoming effective ten days from the date of its promulgation was granted by the court. In its decision, the Commission sustained Examiner R. H. Hyde, (Reports Nos. 280, 281 and 282), who had recommended denial of three separate applications involving the facilities of WLOE, operating on 1500 kc. with 100 watts night and 250 watts day, one-half time. It denied the Boston Broadcasting Co. renewal of license, and then refused an involuntary assignment of the license to William S. Pote, of Chelsea, Mass., original owner. Finally it denied the application of Fred H. Goss, also financially interested in the station, for authority to build a new station to use the facilities. The appeal brings . ut that the value of WLOE is $150,000. It is contended that the New England Broadcasting Co., controlled by Pote, actually controls the Boston Company under an agreement which assured financial responsibility for WLOE. Along with the appeal, Messrs. Caldwell and Scharfeld filed a motion to intervene in the case in behalf of the New England Company and Mr. Pote. On motion of Paul M. Segal, counsel for WHAM, Rochester, N. Y., the Court of Appeals on Jan. 16 granted that station a stay order restraining the Commission from compelling it to install a 25 kw. transmitter during the pendency of its appeal from the highpower decisions. WHAM was denied an increase to 50 kw. but was authorized to increase its power from 5 to 25 kw. The stay order does not affect the other highpower grants and does not nullifv the 25 kw. grant to WHAM. It simply retains the status quo until the high-power appeals are decided. Other Court Rulings MOTIONS filed by WREN, Lawrence, Kan., asking the Court of Appeals to refuse permission to WDAF and WHB, Kansas City, to intervene in the appeal of the former station, were denied. WREN appealed from the Commission's decision denying it authority to move its transmitter to a point in Kansas closer to Kansas City. The motion of the Commission to dismiss the appeal of John H. Dolan, Boston, because of failure to deposit costs for printing was granted by the court. Dolan had appealed from the Commission's decision denying him authority to erect a new station to share time with WLEY, Lexington, Mass., on 1370 kc. with 100 watts. The court denied the motion of the Commission to dismiss the appeal of Murray and Singletary, who had been denied authority to erect a new local station at Baton Rouge. The Supreme Court of the District of Columbia has dismissed the injunction obtained bv WIL, St. Louis, Mo., against the Commission staying issuance of a modification of construction permit to KFWF, St. Louis, to move locally. Vaughn DeLeath, first radio girl, before reproduction of Dr. Lee DeForest's pioneer microphone, built from a phonograph horn and an ordinary telephone transmitter, used during CBS broadcast Jan. 30 featuring an exchange of greetings between Miss DeLeath in New York and Dr. DeForest in Los Angeles. Industry Opposes Tax on Radio Sets LEADERS of the radio manufacturing industry appeared before the House Ways and Means Committee Jan. 22 to oppose the proposed five per cent sales tax on radio sets as "discriminatory and unfair." Appearing along with other representative industries involved in the projected revision of the tax structure to increase federal revenues and offset the $2,000,000,000 Treasury deficit, the witnesses testified that the radio industry cannot absorb such a tax and that it would have to be passed on to the public. The committee, in which such tax legislation must originate, is basing its hearings on recommendations of the Treasury Department proposing a return to the 1924 tax base as a means of meeting the contingency. It was told that the radio industry would prefer a small general sales tax rather than the discriminatory special tax against the radio and automobile industries. Presentation of the radio industry's arguments was arranged by former Rep. Frank D. Scott, RMA legislative counsel, and Bond Geddes, executive vice-president. Among those who testified were Wm. J. Barkley, Newark, N. J., president, DeForest Radio Co.; Arthur T. Murray, Springfield, Mass., president of the United American Bosch Corp.; B. J. Grigsby, Chicago, president of GrigsbyGrunow Co., and A. M. Ferry, of Washington, representing the vacuum tube manufacturers. VisualTransniitterMac Especially for Amateur DESIGNED especially to inter, amateurs in television, a new mil ature transmitter known as t "Junior Western Television Trar mitter" was introduced by Wes em Television Corp., Chicago, dj ing the National Radio-Electric Show in Chicago, Jan. 18 to 24. is a low-priced kit which, when £ sembled, enables amateurs to trar. mit images as well as voice on t amateur wave lengths. "The new transmitter," accor ing to Clem Wade, president Western Television, "is no toy b a practical television transmits Last published reports show the are over 20,000 licensed amateu in the United States. These am teurs contributed more to the ear development of radio than did ar other group or association. Ther fore it is only natural that v should afford them the same o] portunity in the television field." WORC Radio News STATION WORC, Worcester, c Jan. 15 issued the first edition < a one page publication titk "WORC Radio News," which it ai nounces will appear monthly hen after to acquaint its public, an particularly merchants and mam facturers, with facts about *J station. The sheet lists the sti tion's accounts and features a lisi of CBS sponsored programs n( including WORC, a CBS outle with the suggestion that locr dealers in those products write th manufacturers to stress the lac of local coverage. Station Honor Roll (Continued from page H) Muncie, Ind. j WLBZ, Bangor, Me. ; WLH Philadelphia ; WLS, Chicago ; WLW, Cir cinnati ; WMAL, Washington ; WMA( Chicago; WMBC, Detroit; WNBH, Ne Bedford; WOAI. San Antonio; WO( Davenport ; WODA. Paterson, N. J. ; WO Ames. Ia.; WOKO, Albany; WOL, Wasl ington ; WOMT. Manitowoc, Wis. ; WO( Kansas City ; WOR, Newark ; WORC, Woi cester, Mass. ; WEPS, Auburn, Mass. ; WOi Jefferson City, Mo. ; WOW, Omaha, Nebr. WOWO, Fort Wayne, Ind. : WPG, Atlanti City ; WPTF, Raleigh, N. C. : WQBC, VickB burg. Miss; WRAX, Philadelphia; WRC Washington ; WRHM, Minneapolis ; WRUI Gainesville, Fla. ; WSAR, Fall River Mass. ; WSB, Atlanta ; WTAR, Norfolk Va. ; WPOR, Norfolk, Va. ; WTIC, Hart ford; WWJ, Detroit; WWSW, Pittsburgh WXYZ, Detroit. K M B C helping the Advertiser ?~cut costs/ K M B C Announces Gt$m o/ ySckeclule tOJo Ul&duction in Jlfites A Key Station of the Columbia Broadcasting System, originating regular daily programs to stations west of the basic network. WHAT "RUN OF SCHEDULE" IS: The Client may order (he CLASS OF TIME desired at 60S of Program Rates, hut may not specify definite time. The itation will select favorable time from open periods available, and it not obligated to furnish the Client advance information at to the time any broadcast will be made. The Station will, however, if requested by Client, furnish certificate of performance giving actual time broadcast was made. "Run of Schedule" relet apply only on Program Ralet, Clattet "A", "B", "C" and "D" MIDLAND BROADCASTING CO. non KANSAS CITY, MO Page 22 BROADCASTING • February 1, 1931