Broadcasting (July - Dec 1939)

Third Writ Issued By Federal Court FCC Directed to Follow Its Ruling in Hannibal Case FOR THE third time in as many months, the U. S. Court of Appeals for the District of Columbia on June 30 issued a writ of mandamus commanding the FCC to follow its decision in eases involving appeals from Commission actions. In a per curiam opinion in the Courier-Post Publishing Co. case, involving reversal of a Commission decision denying the newspaper a new station in Hannibal, Mo., the court instructed the Commission to modify its previous action. The court earlier had issued writs against the Commission, commanding it to follow specific judgments in the so-called Heitmeyer case relating to a new station in Cheyenne, Wyo., and in the Pottsville case, having to do with a new station grant in Pottsville, Pa. Steps looking toward Supreme Court review of these cases had been initiated by FCC General Counsel William J. Dempsey, with the Department of Justice. The court subsequently had suspended its action in the Heitmeyer case, pending filing of additional briefs on the FCC's motion. In the light of the Hannibal writ, it is expected the FCC will redouble its eff'orts to have the Department of Justice seek Supreme Court review of the questions involved, all of which go to the FCC's authority to reopen a case with new parties involved, after reversal by the appellate court. Appeal Would Be Futile In its new opinion, the court pointed out that on March 6, 1939 it had reversed the Commission's denial of the Courier-Post application for a new station in Hannibal. The application, together with that of Hannibal Broadcasting Co., had been denied for lack of public need for a local station in Hannibal. There also had been a question of possible interference with KWOS, Jefferson City, Mo. The court referred to its April 3 decision in the Pottsville case in which it said the appellant station ought not to be put in any worse position than it occupied at the original hearing, after a court reversal. It added it felt the Commission was wrong in joining in its order for rehearing in the Hannibal case stations which had not applied for licenses up to the time the Courier-Post case was heard by the Commission. If a difi'erent view prevails, it added, an appeal "would be a futile gesture and there would be no termination to proceedings of this character." The court added that the law makes its decisions final and the Commission should proceed in accordance with its terms. Pointing out that the Commission held the court had no right or authority to direct it in any respect as to what it shall do after the court's decision is rendered, the court said that to recognize this principle "would be to establish an arbitrary discretion on the part of the Commission which we think is not provided in or contemplated by the Act." In conclusion, the court said that its ruling does not apply to a re SOURCE of Congressional news for broadcasting is the now Radio Gallerv in the House of Representatives. In this workroom are several radio reporters in action. Seated in chairs are Harmon Burns, messenger, and Robert Menaugh, superintendent of the gallery. Around the wall are (1 to r) Fulton Lewis jr., MBS: H. R. Baukhage and William R. McAndrew, NBC: Francis J. Tully, Yankee Network; Robert L. Warner, CBS; Fred Morrison, Transradio. Actual broadcasts from the workroom are now permitted. consideration of the Courier-Post application with relation to poss i b 1 e objectionable interference with KWOS, since that question was in issue on the original hearing. "But to extend beyond this and to applications for stations not yet granted and not filed at the time petitioner's record was made, would be to retry the application on totally new and different state of facts and this, we have held, the Commission is not authorized to do." On July 6, the FCC filed with the court a petition asking it to vacate its order in the Courier Post case and a supplemental motion for leave to file a brief and argue the motion. At the same time, it filed similar documents in the Heitmeyer case, asking the court to vacate or further suspend its mandamus order and to permit it to argue the merits of the issues. New WFMJ Gets Ready WITH department heads selected and construction progressing on schedule, the new WFMJ, Youngstown, 0., 100-watt daytime outlet on 1420 kc, will go into operation between Aug. 15 and Sept. 1, according to William F. Maag Jr., publisher of the Youngstown Vindicator, who will be the licensee. Mr. Maag will direct the station, which will have its own quarters in a downtown building specially constructed for the purpose. RCA equipment is being used throughout with a Truscon radiator and Johns-Manville acoustical treatment in the studios. Mr. Maag announced the appointment of Leonard Nasman, formerly director of rotogravure advertising of the newspaper, as commercial manager; John H. Baxter, formerly with NBC Artists Service, as program director, and Frank Dieringer, of Cincinnati, as chief engineer. WSMK Changing to WING WHEN the new transmitter of WSMK, Dayton, goes into operation this month, the station will change its call letters to WING, according to an announcement by Ronald B. Woodyard, recently appointed general manager upon the retirement of Stanley M. Krohn Jr. as active director of the station [Broadcasting, June 15]. The new power of the station, which operates on 1380 kc, will be 250 watts night and 500 day. Mr. Woodyard also announces new staff appointments as follows : Jack Ziegen, formerly of WTOL, Toledo, announcer; John Cummins, formerly of WBOW, Terre Haute, Ind., salesman; A. P. Rogers, formerly of WOPI, Bristol, Tenn., and recently manager of WBTH, Williamson, W. Va., salesman. New WTMC Starts FORMAL inauguration of the new WTMC, Ocala, Fla., 100 watts on 1500 kc, which was authorized for construction by the FCC last March, took place July 1 under the direction of John T. Alsop Jr., former mayor of Jacksonville, the licensee. The station occupies its own modernistic building on the Jacksonville Highway, and its equipment includes a composite transmitter and Wincharge vertical radiator. The staff as announced to date includes Hal Davis, commercial manager; Ray Cambron, program director; Bert Mead, chief engineer; Speed Veal, chief announcer; Betty Mayo, talent director; Charles Beresford, pianist; Helen Davis, cashier, and Henry Wells, of Pensacola, special representative of Mr. Alsop. Mr. Mead formerly was with WCOA, Pensacola, and the others are local residents. Rep. Larrabee Advocates Superpower Inquiry for Benefit of Farm Areas PREFACED by the observation that the FCC ban on superpower was depriving rural listeners of radio service they should be able to enjoy on equal terms vdth urban dwellers, a resolution introduced in the House of Representatives June 28 (HRes-234) by Rep. Larrabee (D-Ind.) recommends that the FCC take steps "to provide an adequate method to obtain data to determine the social and economic effects of power in excess of 50 kilowatts". The measure also states that "in so doing the FCC shall not be restrained from licensing one or more stations to operate on power of more than 50 kilowatts for such experimental operation as may be thus necessary". The resolution has been referred to the House Committee on Interstate & Foreign Commerce, where no action has yet been taken. Giving his views on the superpower situation in an extension of remarks in the Conpressional Ttecord July 6, Rep. Larrabee commented that with 40% of the area of the United States receiving no satisfactory daytime signal and 60% receiving no satisfactory signal at night, power increases in excess of 50 kw. appear to be the only manner of providing the people in these areas with satisfactory broadcast service. He cited the case of his own State, Indiana, which he said has "little hope" of securing even a 50 kw. station, and declared that "it appears that our only chance for better radio service is through the possible licensing of high power." He brought out also that it was unfair to force rural listeners to buy expensive sets in order to secure better service while a city dweller "can secure the best in radio by going to the corner drug store and buying a set at $9.99, when by the simple expedient of providing them, as is done in other countries, with a signal somewhat stronger, the expense is placed squarely on the shoulders of the broadcaster, where it belongs, and not on the already overburdened pocketbooks of our citizens." New Camel Series R. J. REYNOLDS TOBACCO Co., \ Winston-Salem (Camel cigarettes) on July 3 replaced Eddie Cantor's Camel Caravan with Blondie, a radio version of Chic Young's comic strip, on 90 CBS stations, Mon., 7:30-8 p. m. (EDST), with west coast rebroadcast, 6:30-7 p. m. (PST). Series features the film players Penny Singleton as Blondie Bumstead and Arthur Lake as Dagwood, with Larry Simms, 4, portraying Baby Dumpling. They were also featured in the Blondie films produced by Columbia Pictures Corp. Bill Artzt is in charge of music for the series and Bill Goodwin announces. Ashmead ScoLt is writer-director of the weekly-program, under supervision of Joe Donohue, radio executive of Wm. Esty & Co., New York agency servicing the account. Richard Marvin, radio director of the agency was in Hollywood for the initial broadcast. He later went to San Francisco to assist in starting , Benny Goodman's Camel Caravan on NBC from that city July 8. Pr— 30 • /? '3 15, 1939 BROADCASTING • Broadcast Advertising