Broadcasting (Jan - June 1940)

IT WAS EASY to muster a crew to cover the Silver Skiis, annual championships held recently at Mt. Ranier National Park, and just about every member of the staff of KIRO, Seattle, wanted to go. Drawing the assignment to handle the shortwave relays were (1 to r) Peter Mertens, announcer; James Hatfield, chief engineer; Mike Petherick, special ski announcer; Tommy Thomas, program director; Carrol Foster, announcer; Maury Rider, chief announcer, all togged up for wintersports weather. Court Denies ASCAP Request To Quash Subpoena of Files Frohlich Claims Government Seeks Consent Decree ; Calls Federal Action Broadcast Industry Plot Deft Commercials Viewed as Key to Selling Via Air Straight Message Is Obsolete, Says Coast Agency Official By DOUGLAS CRONIN Allied Advertising Agencies, San Francisco THE STRAIGHT radio commermercial is slowly dying. It has become outmoded. It is being replaced by various, more effective ways of presenting advertising matter — and that, of course, is as it should be. But the transition is much too gradual! Far too many advertisers today, either through lack of imagination or a cautious reluctance to change, continue to use it with dogged persistence. It is to these advertisers, in the sincere hope of showing them wider, more profitable vistas, that this article is primarily addressed. First let us define "straight commercial". By this we mean the familiar advertising announcement, running to 100 words or so, which is delivered in a straightforward manner by the announcer, with nothing of particular novelty in its approach. In essence it is simply a brief sales talk. Audience Apathy On its face this may seem quite unobjectionable. But what of the listeners' reaction? Among listeners there is a growing apathy to uninspired, straight commercials, and many actually do not hear them. Picture, for instance, the Smith family — father, mother, daughter and son — tuned to a program that holds each of them. The announcer presently speaks. "Friends, here's grand news from Wilson's Department Store! Next week . . ." And there the message ends, so far as the Smiths are concerned. Father has retrieved his newspaper; mother has concentrated for the moment on her darning; and the two children have begun a spirited argument. They all have done what too many of otir listeners throughout the country are doing . . . they have unconsciously "closed their ears" to the radio the instant a commercial was indicated! This is a fact we must face. The habit of "closing their ears" among listeners is becoming more and more prevalent. For example, think back to a few nights ago. Recall some program, using straight commercials, that caught your fancy. Do you remember what was being advertised? Or, if you do, can you remember anything that was said in its favor? A straight commercial is in about the same category as a plain, unadorned sales message in a magazine would be. What chance would such an ad have against all its high-powered, artistically executed neighbors? And yet, 50 years ago, magazine ads were little more than plain, tmattractive notices. As time went on, they changed. Various new methods were introduced — art work, cartoons, photographs, color, a wide variety of type faces, dialogue copy, news copy, testimonial copy and so on. In short, they were making adequate use of all the faculties of the medium in which they appeared. That is exactly what radio adver (Continued on page 92) MOTION by ASCAP to quash a grand jury subpoena for confidential files and records, looking toward possible criminal prosecution for purported violation of the antitrust laws, was denied May 29 by Federal Judge Henry W. Goddard in New York City following oral arguments. After a 1%-hour argument by counsel for ASCAP and the Department of Justice, during which several of the 25 separate points of the Government subpoena were dismissed or modified, the court instructed ASCAP to produce the remaining voluminous data demanded. Louis D. Frohlich, ASCAP chief counsel, agreed to supply the data, including confidential minutes of ASCAP board meetings, financial reports, membership lists and application lists, all within 30 days. Sees a 'Consent Decree' The court's ruling came only after heated argument by Mr. Frohlich and strong defense of the Government's position by Victor Waters, special assistant to the Attorney General in Washington, exclusively assigned to the ASCAP music situation several months ago. Mr. Frohlich charged the Department's purpose was to use the criminal procedure to force ASCAP into a "consent decree" on the civil anti-trust suit, which has been pending since 1934, seeking to dissolve ASCAP as a monopoly in restraint of trade. Mr. Waters refuted any such intent. At another point, Mr. Frohlich accused Andrew W. Bennett, former special assistant to the Attorney General in charge of the ASCAP suit when originally filed, of having used material procured confidentially against ASCAP in recent State litigation as a private practitioner. Mr. Bennett is special copyright counsel of the NAB and counsel for National Independent Broadcasters Inc. and has partici pated in most of the half-dozen State suits involving validity of State anti-monopoly laws, primarily directed against ASCAP. Among other charges levelled by Mr. Frohlich was that the subpoena action was a plot by NAB and the broadcasting industry to force ASCAP into submission, particularly in the light of current negotiations for renewal of existing ASCAP performing rights contracts which expire at the end of the year. He objected strenuously to delivery of "confidential" material sought in the subpoena, and Judge Goddard admonished Government counsel that such data must be kept confidential. Mr. Waters declared the sole intent of the Government was to seek information which it deemed essential. Each of the 25 points in the subpoena was argued, with a ruling by the court on every point. When the Government asked for the names and addresses of the ASCAP licensees, Mr. Frohlich said there were some 33,000, including tavern owners, dance hall operators and the like, adding that it would take months to collect the material from branch offices. He agreed to furnish a list of radio licensees. List of Suits Eliminated Eliminated was a request by the Government for a list of all litigation in which ASCAP had been involved. Mr. Frohlich said there had been individual infringement suits in perhaps every State and every court in the country. Following swearing out of the subpoena last month, ASCAP on May 10 filed a motion to quash, largely on the ground that the data sought were to comprehensive and would work undue hardship. At a preliminary hearing May 22, Judge Goddard postponed argument until May 29 on the motion to quash. The Department seeks a grand jury indictment of ASCAP [BROADCASTING May 15]. IRNA to Retain vSpecial Counsel Dempsey Being Considered in Station-Break Controversy RETENTION of special counsel for Independent Radio Network Affiliates, to negotiate with the major networks in curbing purported inci'eased encroachment of network advertisers on station privileges, was authorized by the board of directors of IRNA at a special meeting in New York May 29. It is understood that William J. Dempsey, recently resigned general counsel of the FCC, will be approached in connection with the new assignment. Mr. Dempsey was contacted last fall for a similar retainer but at that time had decided not to leave the Government service [Broadcasting Sept. 1, 1939]. In light of his return to private practice, however, the matter would be broached again, with the possibility of calling a membership meeting of IRNA later in Chicago or probably to be held in conjunction with the NAB convention in San Francisco, Aug. 4-7. Following the all-day session of the board, Chairman Samuel R. Rosenbaum announced that it had voted "to strengthen activities of IRNA by retaining special counsel to advise and assist in the formulation of standards of practice for network affiliates with a view of curbing increasing encroachment on station privileges by network advertisers." By unanimous vote of the IRNA board gave its unqualified support to Broadcast Music Inc., as industry-owned music reservoir. It also endorsed the present operations of BMI and expressed confidence ini its future. The board voted down by a large majority a proposal to eliminate from its bylaws the requirement that membership in the NAB be a prerequisite to IRNA membership. Station Breaks Controversy over station-break practices with the major networks [Broadcasting May 15] was fully debated. Also discussed was a suggestion that affiliates alter published rate cards and quotations to make it clear that stations do not sell full 15-minute periods but only 14 minutes 40 seconds, with the remaining 20 seconds regarded as mandatory station time. The executive committee was empowered to draw up a broad statement of general policy on networkaffiliate relations for submission to the next IRNA meeting. Other questions regarding internal activities of affiliates were also referred to the executive committee to be placed on the agenda. Present at the meeting were Samuel R. Rosenbaum, WFIL, chairman; Mark Ethridge, WHAS; Edwin W. Craig, WSM; George W. Norton, WAVE ; Paul W. Morency, WTIC; John Shepard 3d, Yankee Network; L. B. Wilson, WCKY; H. K. Carpenter, WHK-WCLE; Walter J. Damm, WTMJ; Edgar L. Bill, WMBD; Gene O'Fallon, KFEL; Ed Craney, KGIR; John A. Kennedy, WCHS; C. W. Myers, KOIN. BULOVA WATCH Co., New York, in late May raised its list of stations carrying time signal announcements to 179, an all-time record, when it added four outlets. The Biow Co., New York, is agency. Page 16 • June 1, 1940 BROADCASTING • Broadcast Advertising