Broadcasting (July - Dec 1938)

Federal Court Rebukes FCC In Remanding Brooklyn Cases Ruling Amounts to "Complete Reversal" of the Commission; Costly Record Draws Fire HUMBLE PROMOTES Texas Good-Will by Costly Remote Football THE FCC was given another juridical jolt by the U. S. Court of Appeals for the District of Columbia Oct. 13 in the Brooklyn cases. Suddenly calling the attendance of counsel after the FCC had asked that the court remand the cases involving deletion of two Brooklyn stations without deciding them as well as an answer to this move by counsel for the stations, the court expressed itself in no uncertain terms about the ineptitude of the Commission's procedure. Chief Justice J. Lawrence Groner observed that it was "unconscionable" that the FCC should stipulate a record in the case which cost more than $6,000 to print. The court said the case would be remanded just as if it had "completely reversed" the Commission rather than only on partial issues. Chief Justice Groner said the court had read the FCC decision in the case and felt that the order of the Commission could not be substantiated by the statement of facts and grounds for decision. On the matter of assessment of costs against WBBC, intervenor, the court said it would consider this request and decide on it later. Paul M. Segal, chief counsel for WARD and WLTH, appeared for the appellants at the oral arguments with William H. Bauer, acting FCC assistant general counsel, and Fanney Neyman, FCC attorney, appearing for the Commission. Asks Record Costs Broadening of the FCC motion to the Court of Appeals to remand the so-called Brooklyn cases whereby the remand would be general rather than partial and under which the entire costs of the proceeding, involving a $6,118 record, would be awarded against WBBC, Brooklyn, intervenor, was suggested in a new pleading filed Oct. 10 with the Court of Appeals. The case, in which the FCC ordered deletion of WLTH and WARD, Brooklyn, and assignment of its time to WBBC, is regarded as possibly the most litigated ever involving an FCC action. Following the filing of a brief by counsel for the stations oi'dered to be deleted, but which are operating under stay orders issued by the court, the FCC Sept. 28 asked the court to remand these cases for further hearing. In so doing it confessed error in its statement of facts — so far as known an unprecedented action by the FCC. Counsel for WLTH and WARD, also including George S. Smith and Harry P. Warner, filed a 17page response to the Commission's motion to remand. The response brought out that the remand was requested after the printing of the $6,118 record and the filing of a 145-page brief, yet it sought only a partial reconsideration that would "seriously affect" the rights of stations. The appellants brought out that the FCC ordered deletion of the stations in June, 1937, but that no statement of facts and grounds for decision, as required by law, was published at that time. Appeals were taken in July and then in the fall of 1937 "a purported statement of facts" was published. At that time the new appeals were taken. The court dismissed the early appeals and entered stay orders. When the time came for designation of the portion of the records to be printed WARD and WLTH designated a portion that would have cost about $200. The FCC and the intervenor, however, it was contended, designated almost the entire balance of the huge record resulting in the two stations being compelled to pay the $6,118 cost "which both the Commission and the intervenor now unequivocally admit to be superfluous and unnecessary." Notwithstanding that the appellants have been the "victims of years of litigation before the Commission" and that their finances have been greatly depleted by the litigation, the stations were able to raise the necessary funds and make the payments, the court was told. The original appeals were taken 16 months ago, the present appeals 13 months ago and the huge record was designated 11 months ago, the pleading brought out. Counsel devoted practically the entire summer of 1938 to the preparation of the comprehensive brief. "And now that the brief of the FCC is about to become due," it was argued, "the Commission blandly requests a remand of these cases under circumstances which strongly suggest a desire to rewrite the opinion of the Commission as an answer to the brief of appellants and to patch up obvious and basic errors of procedure which are called to the attention of the Court in the appellants' brief. It was contended also that the Commission, in authorizing the law department to file a motion to remand, made its order general. However, the motion itself was only partial and it was contended the remand is not sought to revise the order complained of. It was also contended that because of the death of Chairman Prall, the retirement of Commissioner Stewart, and the fact that neither Commissioners Walker nor Payne participated in the cases, only three of the present members of the Commission had any connection with the cases. Chairman McNinch and Commissioner Craven were not members at the time. The participation of any of these four Commissioners in these cases on remand "would be a mockery of impartial quasi-judicial action," it was held. NOT balking at wire charges in covering the football front for Texas listeners, Humble Oil & Refining Co., Houston, on Oct. 6 broadcast a play-by-play account of the Texas Christian-Temple night game from Philadelphia over KGKO, Fort Worth, and is planning a similar pickup from Pittsburgh Oct. 22. E. M. Schiewetz, of Franke-Wilkinson-Schiewetz, Humble agency, traveled to Philadelphia to supervise the broadcast, which was announced by Cy Leland, former TCU athlete who is broadcasting regularly for Humble Oil. Jack McClelland, engineer on the Humble series, also made the trip to Philadelphia. Amon Carter, publisher of the Fort Worth Star-Telegram and owner of KGKO, headed a delegation of TCU rooters who came to Philadelphia in a special 12-car train and brought along the TCU 50-piece band which paraded through the city preceding the game and staged a 45-minute swing session for spectators following TCU's 26-to-6 victory. General Foods in Canada GENERAL FOODS, Toronto, is investigating the possibilities of a special Canadian spot show over a number of Canadian stations for its cereals to supplant network shows now being piped into Canada from the United States. The new Grape Nuts show with Al Pearce & His Gang will enter Canada through CBL, Toronto. Baker Adv. Agency, Toronto, has the account. Sophie for Roi-Tan AMERICAN TOBACCO Co., New York, is planning a campaign for Roi-Tan cigars. Starting Nov. 7 the company will present Sophie Tucker on Mondays, Wednesdays and Fridays on CBS coast-to-coast, 6:45-7 p. m., with repeat. Agency is Lord & Thomas, New York. Dugan Bakery Test DUGAN BROS., New York (bakery products), on Oct. 10 started a test program, The Editor's Daughter, on WICC, Bridgeport, Conn., Monday thru Friday, 9:45 a. m. Commemorating the 60th anniversary of the company, which was started by two young men with a pushcart and $100 capital and is now spread over four states, the program consists of the inside story of a small town and its weekly newspaper. Charles Dallas Reach Co., Newark, is the agency in charge. Pro Grid Sought By General Mills GENERAL MILLS, Minneapolis, is negotiating with the National Football League for broadcast rights to the league's entire professional football schedule in 1939. Arrangements still are in the tentative stage, according to authoritative sources. The plan involves selection by the sponsor of stations to be used and announcers. Handling the project for the 10 professional . football teams is Joe Carr, League president, with offices in Columbus, O. Mr. Carr has contacted the 10 teams in the league and it. is understood that in every case he has their approval, if the price is right. Owners of pro teams are enthusiastic in favor of game broadcasts, having found from experience that game listeners become game watchers and that attendance is boosted materially. Among sponsors carrying pro games during the current season are General Mills, sponsoring games of the Chicago Bears on WJJD, Chicago, and the Chicago Cardinals on WIND, Gary. Chrysler Corp., through Lee Anderson Adv. Co., Detroit, is broadcasting games of the Detroit Lions on WJR, Detroit. The local distributor of Northampton Brewing Co., Northampton, Pa. (Tru-Blu beer) is sponsoring games of the Washington Redskins on WOL. BROWN & WILLIAMSON Tobacco Corp.. Louisville (Raleigh cigarettes), on Oct. 10, started Jerri/ Smith and the 4 Dons on a musical program on WHO, Des Moines, Mon., Wed. and Fri., 6:45-7 p. m. CST. Agency is BBDO, New York. Sweetheart Sale MANHATTAN SOAP Co., New York (Sweetheart Soap), is running a series of weekly musical programs [Broadcasting, Oct. 1] featuring a one-cent sale offer for Sweetheart soap. The sale offers three cakes of soap at the regular price, with an additional cake costing one cent more. The programs are broadcast in the New York metropolitan area only on stations WABC WOR WJZ and WEAF. Peck Adv., New York, is in charge. Radio Log Advertising Tested by Standard Oil A TRIAL advertising campaign is being run by Standard Oil of New Jersey for Esso Reporter in the radio program listings of the Newark News, Washington Star and other newspapers, using a system of "radio log advertising" developed by the Lahey, Daly Co., New York. The plan, which has been used for other advertisers, including Standard Oil of Ohio, Longines-Wittnauer watcher, MaidenForm brassieres, and Seven-Up Bottling Co. in some 200 newspapers in larger cities, has been running since last June, but the Standard Oil of New Jersey campaign is the first to be tested in the New York City metropolitan area. Marschalk & • Pratt, New York, is handling the Esso Reporter account. The rate averages $1 per insertion for each 100,000 circulation, the name of the program being carried in the program listings with the help of an asterisk. The asterisk is then repeated at the bottom of the listings stating that this particular line is an advertisement. J-W-T Names Miss Wiley MARGARET WILEY, formerly assistant to Gene Fromherz in the radio department of J. Walter Thompson Co., Chicago, has been named J-W-T time buyer and head of the radio service department in Chicago, effective Nov. 1. She is now at the New York office conferring on the new assignment. Mr. Fromherz resigned recently but has not announced plans. A CANADIAN report states that arrangements are nearing conclusion for the lease of CJGX, Yorkton, by Dawson Richardson of Inland Broadcasting Service, Winnipeg, from James Richardson & Sons, Winnipeg, owners. Page 16 • October 15, 1938 BROADCASTING • Broadcast Advertising