Broadcasting (July - Dec 1939)

Test of Economic Policy Is Sought FCC to Ask Supreme Court For Rule in Dubuque Case SUPREME COURT adjudication of the FCC's "unlimited competition" philosophy, under which it contends it may license stations regardless of economic injury to existing stations, will be sought by the FCC itself in a petition for review of the so-called Saunders case involving a new station application for Dubuque, la. The FCC is expected to file its petition through the Department of Justice by Nov. 2 — the statutory deadline. While two other FCC appeals from decisions of the U. S. Court of Appeals for the District of Columbia are pending before the highest tribunal, they go only to the lower court's jurisdiction, and involve usurpation of the FCC's regulatory power. The Saunders case, however, raises clearly the economic issue, in which the lower court has dealt harshly with the FCC's contentions. It was in the WMEX, Boston, case that the coui-t last August completely scuttled the FCC's economic theory, sustaining, however, the FCC's decision against the Yankee Network which had protested an increase in power for WMEX on economic grounds. Dubuque Case Pending Becatise the FCC could not appeal the WMEX decision and thereby have the Supreme Court rule on the economic-competition question, it proposes to raise the issue in the Dubuque case, in which WKBB, existing station, opposed the licensing by the FCC of a new local station to the Telegraph-Herald. The lower court reversed the FCC's grant, holding that the FCC is legally bound to make appropriate findings as to economic injury to existing stations. Determination to seek a Supreme Court review came, it is understood, after FCC General Counsel William J. Dempsey had taken up with the appellate court the question whether it desired to "retain jurisdiction" in the Saunders case by permitting a new brief or by allowing reargument on the economic question. The court concluded informally that it had no such desire and implied it would not object to a Supreme Court review. Another chapter was written in the WMEX case Oct. 23 when the Court of Appeals, in a per curiam opinion, dismissed the appeal of WCOP, Boston, from the decision granting WMEX 5,000 watts full time on the 1470 kc. high power regional channel, in lieu of its existing local assignment. Like the Yankee Network appeal, WCOP claimed ruinous economic injury would result. The Court, however, ruled that the assignment of reasons for appeal by WCOP "is even less adequate to show an appealable interest" than that of Yankee. AUsweet on 60 SWIFT & Co., Chicago (Allsweet margarine) , on Nov. 8 starts a sixweek campaign of six announcements weekly on 60 stations. J. Walter Thompson Co., Chicago, handles the account. HONORING H. V. Kaltenborn's movie debut, as himself, in "Mr. Smith Goes to Washington", Columbia Pictures Corp. invited the "dean of commentators" and his colleagues to a luncheon and preview of the picture on Oct. 16. In the group are (standing, 1 to r) Frank Singiser, WOR; George H. Combs Jr., WHN; Mark Hawley, WOR; Arthur Hale, WOR; Richard Brooks, WNEW; (seated) Bryce Oliver, WHN; Raymond Gram Swing, WOR; Mr. Kaltenborn, CBS; Johannes Steele, of WMCA. Picture-of-the-Month Series Symbolic Of New Movie Attitude Toward Radio By DAVID GLICKMAN DESPITE reports to the contrary, there will be greater cooperation than ever before between the motion picture industry and radio. Those who but a few months ago predicted that there would be fewer film names and contract talent used on transcontinental sponsored radio shows this fall have changed their tune, and are now firmly convinced that the trend is in the other direction. Practically every major network show emanating from Hollywood today features such talent. With film studios cutting down production activity because of the loss of the European market due to the war, motion picture talent is turning to broadcasting with a vengence as a means to keep their name before the public and also to increase income. Where in the past many film stars had to be coaxed into radio appearances by big money, today their front man is seeking out agency producers for the opportunity. The film industry itself has also made a complete revaluation of radio plugs, and competition for network mention of pictures and personalities promises to be greater than ever before. Down Go the Bars A combination of circumstances is involved, all of them, however, pointing to a closer working "agreement" between motion picture units, exhibitors and network radio. Film studios that early this year set up stringent regulations in their relations with broadcasting are relenting, and in several instances have given the approving nod to stars and contract players to make network appearances on sponsored shows. General opinion among Hollywood advertising agency executives is that there never has been a real feud between the two entertainment mediums. They explain that film studios, against their better judgment, yanked talent from sponsored network shows when theatre operators throughout the country protested against a tie-in between the two mediums, declaring that it hurt box-office receipts. They further declare that film studios right along acknowledged radio as a valuable medium to ex ploit pictures and to build up known or unpopular talent. With the clamor by exhibitors, they were forced to retreat. Now that the cry has died down, film executives are again permitting their talent to take advantage of the extra money to be gained from radio. Much of it, incidentally, returns to the picture studio's coffers because players are under contract. If the film industry really has a "beef", then radio has one too. It must be remembered that film studios have made many a raid on radio for talent. Many of the outstanding motion picture stars and contract players today got their start in radio and are still featured on sponsored network shows. The list is too long to enumerate, but good examples are Dorothy Lamour. Nelson Eddy, Jack Benny, Bing Crosby, and Bob Hope. Radio still continues to supply the new names and faces so necessary to the film industry's success and at the same time it is using well established picture talent on important transcontinental programs. There are many in Hollywood who right along advocated a common working ground for pictures and radio, believing that each could and would help the other. Many film studio executives of that opinion are warm to the idea in the hope of giving radio their benefits. In return they would accept all the help that national and international broadcasting can give to the progress of pictures. It would be a game of give and take. No Fight, Says Hays Will H. Hays, president of Motion Picture Producers & Distributors of America, has repeatedly declared that there is no fight between the film and radio industry, despite contrary reports from other sources. He maintained that stand even during the height of the squawks by exhibitors. Bill Backer's Movie Night, which gets under way Nov. 3, is said to be a forerunner in a campaign to weld a new and stronger alliance between films and radio. It will be a monthly event and featured on a different sponsored one hour network program each time, with Bacher directing. The outstanding film production of the month will be dramatized each time. Selection is to be made by a committee headed by Louella Parsons. It will be tagged the Picture of the Month. Entire insert on the network program, chosen monthly, is to be known as Movie Night. The CBS Kate Smith Hour, sponsored by General Foods Corp. is to open the series. With exception of Bud Abbott and Lou Costello, Miss Smith is bringing her entire radio troupe to Hollywood for the broadcast. Last half-hour of the program is to be a dramatization of the 20th Century-Fox production, "Drums Along the Mohawk". Miss Smith is to be narrator. Miss Parsons will introduce Claudette Colbert, Henry Fonda and other film talent appearing on the broadcast. All major film studios are said to look with favor on the new plan, which has been nursed along by Bacher for many months. Advertising agencies producing sponsored network shows are also said to be in favor of the idea, and several one hour programs have already been made available. The initial program is said to be costing 20th Century-Pox Film Corp. $15,000. Publicity for the program and picture too are being given on the Kate Smith programs up to the time of the broadcast Nov. 3. Reaction to the broadcast by exhibitors will be closely watched by the studios. Hollywood Plans Accompanying Miss Smith to Hollywood are Ted Collins, announcer. Jack Miller, music director, Ted Straeter, Harry Ackerman, producer, and H. S. Barnes, agency contact executive on the General Foods Corp. account. Miller will use a pickup band for his part of the program. David Broekman is musical director of the Movie Night series and has a 30-man orchestra and full ensemble for the dramatizations. Bacher, in the production setup, is being assisted by former associates, including Mary Edith Stahl, production aide, and Harry Kronman and Hal Block, writers. On the various programs Bacher will share production responsibilities with agency staffs. On the Mohawk broadcast, he'll be associated with the production staff of Young & Rubicam. It must be remembered too that the film industry has a program of , its own, the CBS Screen Guild Theatre, sponsored by Gulf Oil ' Corp., which earned $222,000 last season for the Motion Picture Relief Fund. Leading stars, featured players, writers, and directors contribute their services free to the weekly program and the sponsor in turn donates $10,000 weekly to the MPRF. It is expected that the current series, which resumed on the network Sept. 24 will add $390,000 to the fund and complete the $500,000 quota necessary to the MPRF for a new home for aged and needy motion picture workers. Gangbusters in Papers RADIO PROGRAM Gangbusters, produced by Phillips H. Lord and heard on CBS under the sponsorship of Colgate-Palmolive-Peet Co., is being adapted into comic strip format for national newspaper syndication under the direction of Bernard L. Schubert, sales manager of Phillips Lord Co. The strip has been tested for the past seven months in Popular Comics magazine with a central hero character known as "Gangbuster John Winston". Page 24 • November I, 1939 BROADCASTING • Broadcast Advertising