Broadcasting (Oct 1931-Dec 1932)

Record Details:

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Commission Defeat Forecast in Ruling On WIRO, WPCC Deletion ArguedinD.C. Court ; Other Cases Are Heard EEVERSAL of the Radio Commission's decision ordering the deletion of WIBO and WPCC, Chicago, to make way for WJKS, Gary, Ind., essentially on quota grounds, is expected in the opinion shortly to be rendered by the Court of Appeals of the District of Columbia. That course was indicated during final oral arguments before the court May 2. Questions asked by the Justices of the Commission's general counsel, Duke M. Patrick, in the opinion of legal authorities, showed that the court was disposed to view as improper the scrapping of stations, admittedly performing a public service, simply as a means of tending to equalize the distribution of quota facilities among the states and zones, which the Commission holds it is empowered to do under the Davis amendment. Involving the broad question of property rights and presenting the most important test to which the Commission's quota regulations ever have been subjected, the case is regarded as perhaps the most important ever to be appealed. A reversal of the Commission would give renewed hope to many stations and would break the long string of victories of the Commission in the appellate court. Patrick Queried DURING Mr. Patrick's arguments he was frequently questioned by the Justices on the propriety of the Commission's decision of last October, when it ordered off the air the two Chicago stations sharing time on 560 kc. and granted the application of WJKS to operate full time on the wave. The Gary station now divides time on 1360 kc. with 1% kw. day and 1 kw. night. Chief Justice George E. Martin pointed out that the Chicago stations, by Commission's own admission, were rendering meritorious service. He asked whether it was the contention of the Commission that it has the right to delete stations of good standing purely on quota grounds. Other Justices directed inquiries along the same line and asked also whether it was not true, as had been contended by Levi Cooke, counsel for the Chicago stations, that Gary actually is in the Chicago service area. Mr. Patrick argued that the deletions were not ordered solely on the quota grounds and that there was acceptable showing of a need for additional service in Gary. While certain Chicago stations are received in Gary, some 30 miles distant, he said the requirements for radio service in Gary are different and that WJKS with a fulltime assignment proposed to render the type of local service desired by the city, which is preponderently inhabited by mine workers. For the Chicago stations, Mr. Cooke argued property rights and the constitutionality of the Commission's decision, which he called arbitrary, capricious and in viola Altoona Obliges PAUL M. SEGAL, Washington counsel of the American Radio Relay League, has secured an agreement with the "Radio Commission" of Altoona, Pa., to eliminate from its anti interference ordinance a provision that all amateurs must cease their transmissions between 6 and 11 p. m. During a recent visit to Altoona, Mr. Segal persuaded the authorities that their order, while justifiable insofar as it aims at preventing interference with broadcast reception, is contrary to the federal radio law, which gives the Federal Radio Commission exclusive jurisdiction over radio transmission. The Altoona commission, an unusual civic body, consists of the safety director and five persons drawn from the citizenry, five from the power companies and five from the city officials, serving without pay. tion of constitutional rights. He said the investment in WIBO of nearly $500,000 would be destroyed and that the public would be deprived of the unquestioned service of the station. Similar arguments were advanced for WPCC, operated by the North Shore Church. At the same time the court heard arguments on the Shuler case, involving the free speech issue, with Mr. Patrick apearing for the Commission and Louis G. Caldwell for the Rev. Robert P. Shuler, pastor of Trinity Methodist Church, South, former licensee of the deleted station, KGEF, of Los Angeles. Thomas P. Littlepage appeared for an intervenor. George D. Lyon, of Los Angeles, also spoke in favor of the Commission's decision of last fall by which the station was deleted because of the speeches of Dr. Shuler. Mr. Patrick contended there was legal precedent for the Commission's action against KGEF, citing the deletions of the Brinkley station. KFKB, Milford, Kan., and of the Norman Baker station, KTNT, Muscatine, la. both of which were sustained bv the court. He asserted Dr. Shuler had incited religious strife, attacked the courts and authorities of Los Angeles, and twice had been cited for contempt of court. Free Speech Raised MR. CALDWELL, on the other hand, held that the Commission's decision was an abridgment of freedom of speech in violation of the First Amendment, and that the Commission was not empowered to censor broadcasting in any fashion. He said the Supreme Court only last year had upheld freedom of the press in the Minnesota Gag Law case, which he declared was analogous. Moreover, he argued that Dr. Shuler's activities were viewed by many Los Angeles civic leaders as in the public interest. As intervenor, Mr. Littlepage held the Commission was entirely within its legal province in deleting KGEF and that freedom of speech in no wise was involved. He said the Commission may properly France May Build FROM BEING one of the most backward European nations in broadcasting, France proposes to become one of the most progressive by establishing a national network of high power stations. This map shows where the stations would be located and their estimated service areas, all the stations to be of 60 kw. power with the exception of the one at Grenoble which would have 20 kw. This regional scheme was proposed by General Ferrie, France's military radio chief and one of the world's best known radio pioneers and leaders. Delayed by a recent change in government, the plan is approved by M. Guernier, Minister of Posts and Telegraphs, and is expected to be decided upon after the April elections. France, incidentally, patterns her radio scheme after the American system, licensing in most cases private enterprises to operate stations. refuse to "become a party to the dissemination and distribution of language which is against the public interest and which is an abuse of the right of free speech." On May 5 Mr. Caldwell filed with the court a motion for reconsideration of his previous motion for a stay order, to permit KGEF to return to the air during the pendency of the appeal. The Commission immediately filed its opposition, as did Mr. Littlepage, and the motion was denied May 10. Mr. Caldwell already has served notice that the case will be appealed to the Supreme Court should the lower court sustain the Commission. WCHI Case Dismissed AT THE REQUEST of the appellant, the court April 30 dismissed the appeal of WCHI, Chicago, from the Commission's decision ordering its deletion, along with WJAZ, of Chicago, to afford full time for WCKY, Covington, Ky., on 1490 kc. Previously the court had refused to grant an extension of time to cover printing costs of the record. WJAZ had not appealed. The case, however, is still pending before the Chicago Circuit Court of Appeals, from which WCHI obtained an injunction against the Commission, and arguments on that court's jurisdiction are expected soon. Simultaneously the Midland Broadcasting Co., applicant for a new station on 1490 kc, also had its appeal dismissed before the District of Columbia court. A notice of intention to intervene in the appeal of KXA, Seattle, from the Commission's decision ordering an interchange of frequencies with KVI, Tacoma, was filed by the latter station May 4. Short-Wave Claims Attacked by RMA Statement Purports to Give Facts Regarding Reception FACTS about short-wave reception, intended to counteract "exaggerated advertising claims" of reception from all parts of the world sometimes guaranteed as achievable at any time of the day or night with perfect clarity and fidelity, are presented by the Radio Manufacturers Association in a statement prepared by its engineering division. The statement calls short-wave reception a new field but emphasizes its limitations and offers advice as to means of procuring best results. Declaring that the "misguided public" has been led to many disappointments by exaggerated claims, RMA said its statement is intended to make clear just what can be expected in short-wave reception with receivers properly engineered and designed. Unusual and miraculous performance can be expected no more of short-wave receivers than of a well designed broadcasting receiver, it said, and the cost of short-wave receiving equipment increases at a greater ratio with improvement in operating characteristics than the cost of regular broadcast receivers. "The short-wave receiver has a place in the field of engineering," the statement said. "Many phases of its engineering are being considered by committees of the RMA engineering division, such as standardization of dial markings, choice of intermediate frequency and other facts. The short-wave receiver is capable of entertainment value under favorable conditions. Too much stress, however, must not be employed in claims of remarkable reception which cannot be substantiated or duplicated readily." Lafount to be Speaker At RMA Chicago Show "TELEVISION in its Present Development" will be the subject of an address by Radio Commissioner Harold A. Lafount at the eighth annual convention and trade show of the RMA in Chicago, May 24. The convention will be held from May 23 to 26. Harry Shaw, WMT, Waterloo, la., president of the NAB, will speak on broadcast problems. "How's Business" will be the topic of an address of Merle Thorpe, editor of Nation's Business. At a business meeting May 25, I J. Clarke Coit, RMA president; J Judge John W. Van Allen, RMA | legal counsel, and Frank D. Scott, | RMA legislative counsel, will speak. 1 Officers and directors also will be || elected. During the convention the board of directors of the NAB will hold; a meeting. Mutual problems of I the two industries will be discussed | at a joint luncheon May 24. More \ new radio products than at any period during the last five years will be exhibited, according to the RMA. Between 15,000 and 20,000 visitors, including jobbers, dealers and broadcasters, are expected. Page 30 BROADCASTING • May 15, 1932