Broadcasting (Oct 1931-Dec 1932)

Record Details:

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Rigid Rule on Transcriptions Revived by Radio Commission New Order Clearly Separates Electrical Disks From Phonograph Records; Effective June 1 AMENDMENT of the rule governing the announcement and use of mechanical reproductions in a way that leaves no doubt as to the difference between phonograph records and electrical transcriptions made exclusively for broadcast purposes, was ordered by the Radio Commission May 17 to become effective June 1. The amended provision is for a virtual return to the rigid terms of the regulation as it existed prior to the issuance of the new rules and regulations, which became effective Feb. 1 and which relaxed the provisions governing recorded programs. Failure of some broadcasters to differentiate clearly between phonograph records, available at the corner music store, and transcriptions made exclusively for broadcast purposes, in part, motivated the action. The Commission also has received numerous complaints about the marketing of inferior recordings to stations under the guise of electrical transcriptions made exclusively for broadcasting. 15-Minute Announcements IN A NEW paragraph to the amended order, the Commission specified that a transcription program made exclusively for broadcast purposes shall be announced at the commencement of each program and in no event less than every 15 minutes, regardless whether the program is recorded on a single 15-minute disk or on. three 5-minute disks. In the existing order there was no specific phraseology definitely reciting the frequency with which transcription identification announcements should be made. The Commission found it necessary to interpret this phase because of differences of opinion which had developed regarding the former regulation. A station broadcasting a program impressed on three 5-minute records for reproduction on 78 r.p.m. turntables was informed by the radio authorities that it would have to announce each record separately. The Commission was informed by transcription companies that in their opinion a transcription program, continuous and uninterrupted, qualifies as a 15-minute program whether or not the transcription happens to be made on one or more records. They contended also that the manufacturing units are a matter of production convenience and do not affect the sequence of the program. Phraseology Not Specified THUS THE Commission recognizes no difference between 33 1/3 r.p.m. records and 78 r.p.m. records when they are made exclusively for broadcast purposes. It apparently was convinced that to require separate announcements before each record making up a continuous 15-minute program impressed on 78 r.p.m. records would be damaging both to radio stations and to the transcription interests which produce such recordings. The Commission, in the amended regulation, still leaves optional the exact phraseology to be used in describing a recorded program, provided it is clear and in terms commonly used and understood. Aside from the new paragraph covering frequency of transcription identification announcements, only two changes are made in the existing order. One is the elimination of the words "just before it is broadcast" in the opening sentence of the rule, which now reads: "A mechanical reproduction shall be announced as such except when its use is merely incidental, as for identification or background." Whereas the old regulation cited as examples of announcements sufficient to cover recorded programs the phrases, "This is a mechanical reproduction" and "This is a player-piano record," the new order substitutes the term "This is a phonograph record" for the first example. By so doing the Commission feels that there can be no doubt as to the announcement covering phonograph records. Text of New Order THE NEW ORDER follows in full text: It is ordered: That Paragraph 176 of the Rules and Regulations of the Federal Radio Commission be, and the same is hereby amended to read as follows: "A mechanical reproduction shall be announced as such except when its use is merely incidental, as for identification or background. The exact form of announcement is not prescribed but the language shall be clear and in terms commonly used and understood. The following are examples of statements sufficient for the purpose: a. "This is a phonograph" record." b. "This is a player-piano record." In all cases where electrical transcriptions made exclusively for broadcast purposes are so constructed as to record a single continuous program upon more than one mechanical reproduction, rather than a recordation of the entire program upon a single mechanical reproduction, the announcement required hereby shall be made at the commencement of each such program and in no event less than every fifteen minutes. All other announcements required hereby shall immediately precede the use of each separate mechanical reproduction. This order shall be effective the 1st day of June, 1932. The old rule read as follows: Rule 176. A mechanical reproduction shall be announced as such just before it is broadcast, except when its use is merely incidental, as for an identification or background. The exact form of announcement is not prescribed, but the language shall be clear and in terms commonly used and understood. The following are examples of statements sufficient for the purpose: a. "This is a mechanical reproduction." b. "This is a player-piano record." Dozen Leaders THE TWELVE most popular radio programs, as determined by a survey conducted by VARIETY, Broadway theatrical weekly, were published in the May 17 issue in the following order: Amos V Andy (Pepsodent) ; Ziegfeld Follies ( C h r y si e r ) ; Burns and Allen-Guy Lombardo (Robert Burns) ; Walter Winchell and bands (Lucky Strike); Harry Richman-Dave Rubinoff (Chase & Sanborn coffee) ; Ben Bernie (Blue Ribbon Malt); Kate Smith (La Palina) ; Morton Downey, Tony Wons and Jacques Renard (Camel cigarettes) ; Rudy Vallee-Irene Bordoni (Fleischmann Yeast) ; Nat Shilkret, Alexander Gray, Boswell Sisters and Ruth Etting (Chesterfield cigarettes) ; Myrt and Marge (Wrigley) ; Tony Wons (sustaining. Judge Robinson Judge Robinson Makes Debut as WORC Counsel Seeking N. Y. Facilities APPEARING as counsel in his first case since resigning from the Federal Radio Commission, Judge Ira E. Robinson represented WORC, Worcester, at a hearing before Examiner Hyde May 23-25, at which the Massachusetts station, seeking a power increase to 250 watts and a frequency shift to 1,350 kc, applied for the facilities of WMSG, WBNX and WCDA, New York, and WAWZ, Zarapath, N. J., on the ground that Massachusetts is underquote and New York overquota. Judge Robinson was associated with William Leahy as counsel, and Paul D. P. Spearman represented the New York group. Testimony developed that the three New York stations are operated by the New York Metropolitan Broadcasting Corp., of which Walter Whetstone is president, and that this corporation is owner of 100 per cent of the stock of WMSG and WBNX and 51 per cent of WCDA. In turn, the New York Metropolitan Broadcasting Corporation is wholly owned by Radio Productions Corp., of which Mr. Whetstone also is president. Radio Productions Corp., in addition, owns 28 per cent of WCDA, although the Italian Educational Broadcasting Co. is the licensee. A book value of $80,000 is represented in the three stations, it was brought out. Mr. Whetstone, who testified his concern is "interested in the chain idea," is president of the Pan American Broadcasting System, reported to be launching a new "transcription network," and with which Paul Greene, formerly chief engineer of CBS, is now identified. Mr. Greene has approached various stations recently with proposals to join the network. Court Grants Stay In New York Case WNYC Blocks WPCH Grant; WBCM Appeal Denied A STAY ORDER restraining the Radio Commission from making effective its decision ordering WPCH and WNYC, New York, to exchange assignments to afford the interests controlling the former station and WMCA, New York, full time on the 570 kc. regional channel, was granted by the Court of Appeals of the District of Columbia May 24 on petition of the City of New York, operating WNYC. The stay order is effective until the court decides the appeal filed by WNYC filed simultaneously with the petition for stay order. The Commission's decision in favor of WPCH formally was rendered May 6, and, under its rules, the change would have become effective in 20 days. In the appeal and petition, Edward P. Joyce, counsel for WNYC, alleged the Commission had decided the case erroneously and that the action would result in a loss to the people of New York of the program service of the station. Opposing the stay order, Littlepage, Littlepage & Spearman, counsel for WPCH and WMCA, asked the Court May 25 to reconsider its action granting the order. They contended that no notice whatever was given to the stations, although the notice of appeal of WNYC and the application for stay showed that WMCA and WPCH would be "adversely affected" by the granting of the stay order. It was contended further that the Court granted the stay order before the time to oppose it had expired. Arguing that the application for relief of WNYC was entirely misleading," counsel said the effect of the change was to give WNYC even more time than it now has, since it would acquire full daytime operation on the present WPCH assignment on 810 kc. Since WMCA and WPCH are owned by the same interests — Knickerbocker Broadcasting Co. — they would be afforded full time on the wave. For WNYC to change frequencies, the court was informed, would entail an expenditure of but $240. The Court of Appeals, on May 16 affirmed the Commission's decision denying WBCM, Bay City, Mich., operated by James E. Davidson, authority to change frequency from 1410 to 940 kc. on the ground that objectionable interference would result. The court brought out that the application was regularly designated for hearing with special reference to whether the proposed change of frequency would result to other stations on 940 kc. or adjacent frequency. It said that stations WHA, Madison; WFIW, Hopkinsville; WCSH, Portland, Me., and WWJ, Detroit, contest the application on the ground of serious interference. The court is momentarily expected to render its decisions in the appeals of WIBO and WPCC, of Chicago, ordered deleted to make way for WJKS, Gary, Ind., and of KGEF, Los Angeles, Calif., deleted by the Commission because of the broadcasts of Rev. Robert P. Shuler, pastor of Trinity Methodist Church, South, the licensee. Page 12 BROADCASTING • June 1, 1932