Broadcasting (July - Dec 1940)

MBS Seeks Ban On New Network Affiliation Pacts Delay Pending FCC Action on Monopoly Report Is Urged MOVING once more against the "long-term restrictive contracts" of NBC and CBS, MBS on July 17 filed with the FCC a motion to adopt a regulation maintaining the status quo by prohibiting the writing of new or renewal station-network contracts beyond a date to ba specified by the Commission, pending FCC action on recommendations of the Chain-Monopoly Committee. The brief, submitted by Louis G. Caldwell, Frank D. Scott and Percy H. Russell Jr., Washington cotinsel of the network and MBS key stations, explained that the proposed regulaton was sought to prevent NBC and CBS from further jeopardizing MBS' position as a national network before the FCC acts to remedy the network contract situation, as recommended by the Chain-Monopoly Committee. Monopoly Claimed The July 17 motion is the third of its kind offered by MBS since the six-month chain-monopoly investigation concluded in April, 1939. Following the initial offer in the closing stage of the hearings, the request for a regulation was filed again July 6, 1939. The latest proposed regulation reads: "No licensee of a standard broadcast station shall enter into a contract, agreement or other arrangement with any national network organization covering or dealing with the affiliation of such licensee's station with the national network organization, or into any renewal or extension of any such existing contract, agreement or other arrangement, or exercise any option or other privilege contained in any such existing contract, agreement or other arrangement for renewal or extension thereof, for a period extending beyond Model Plant of New 50 kw. WBZ In offering the proposal, MBS reviewed its principal arguments against NBC and CBS operations at the time of the chain-monopoly inquiry, charging that their operations, centerinp on station-network contract arrangements, have resulted in "a substantial monopoly of the more desirable outlets or the more desirable broadcasting time" amounting to a restraint of trade in the network broadcasting field. Special comment was made on excltisivity clauses in NBC and CBS contracts, time optioning provisions in the agreements and the long term duration of the contracts The MBS counsel also pointed out that the continuing practice of NBC and CBS in imposing these "unlawful" contractual clauses upon affiliates, in addition to placing MBS at a disadvantage, will "as a practical matter seriously impair the power of the Commission to exercise effective jurisdiction over the subject-matter if and when it promulgates regulations thereon". The exclusive contract matter precipitated a heated controversy lats fall when MBS, with exclusive broadcast rights for the World Series, was unable to service a STORAGE ROOM SWITCH GEAR CUBICLE SHORTWAVE ^ ' TRANSFORMER^ RECTIFIER WBZ TRANSMITTER VISITORS AISLE CONTROL BOARD TELEVISION ANO FREQUENCY MODULATION BLOWERS BLOWER CONTROL Troy Lore WHEN Carol Gould Lawrence in mid-July discussed the founding of Lansingburgh, a suburb of Troy, N. Y., on WTRY's Sidelights of History, she told how Abraham Jacob Lansing had laid out the community back in 1771. After the broadcast she learned that the greatgreat-great-grandson of the founder of Lansingburgh, Gerald Hall Lansing, was the announcer for her program. SEEKING a new 250-watt station on 1370 kc. in Tyler, Tex., where the FCC must yet act on proposed findings to delete KGKB [Broadcasting, July 15], is a group of citizens of Tyler and Lafayette, La., formed as Rose City Broadcasting Co. Judge S. A. Lindsey, Tyler industrialist, heads the company, which includes as a 25% stockholder George H. Thomas, part owner of KVOL, Lafayette. number of NBC and CBS affiliates, reportedly anxiotis to carry the MBS baseball broadcasts, because of network restrictions. However, MBS' stand on exclusive contracts took an about-face shortly afterward when steps were taken to form a new national network. Transcontinental Broadcasting System. At that time MBS revealed to the FCC that it had started a new policy of writing contracts with its stations, explaining that since no steps had been taken to check exclusivity, MBS necessarily had to adopt the exclusive contract in self -protection. DEDICATED with appropriate ceremonies the night of July 27 was the new 50 kw. Westinghouse transmitter plant of WBZ, Boston, located at Hull, Mass., across the harbor from Boston and replacing the old Millis setup. Located on a salt-water marsh often inundated during high tide, the new WBZ transmitter is housed in a Cape Cod type building in keeping with the Colonial atmosphere of the town. Two 500-foot antennas give directional effects. Above diagram shows the model transmitter house layout, planned and installed under the direction of D. A. Myer, WBZ plant manager (left). New 50-kw. Transmitter Is Dedicated by WBZ FEATURING a special NBC-Blue program originating in New York, WBZ, Boston, on July 27 formally dedicated its new 50-kw. transmitter, located at Hull, Mass. The half-hour NBC program, which opened the 50-kw. operation, switched from New York to Boston and later to Pittsburgh, Philadelphia and Fort Wayne, Ind., for congratulatory pickups from Westinghouse stations in those cities. Excerpts from WBZ programs, and talks by Vincent F. Callahan, WBZ general manager; Gov. Leverett Saltonstall, of Massachusetts ; Mayor Maurice J. Tobin, and Clarence V. Nickerson, chairman of the board of selectmen of Hull, featured a special 75-minute show from WBZ, following the network program. The NBC-Blue salute included a congratulatory message from President Roosevelt. Buying KRSC Control PALMER K. LEBERMAN, onetime NBC staffman on the West Coast and now vice-president in charge of sales of Family Circle magazine, with headquarters in New York, and his wife will acquire control of KRCS. Seattle, under a deal made with E. W. Andrews, Seattle real estate man, for which FCC approval is sought. Mrs. Leberman already owns 35% of the stock, and Mr. Leberman proposes to buy Mr. Andrews' 45% for $29,000. Robert E. Priebe, station manager, will retain his 10%. EARL C. DUNN, onetime engineer with KOFI. Brownsville. Tex., is .50% stockholder in a company applying for a new 2.50-watt station on 1.500 kc. in Corpus Christi. Tex. Charles W. Rossi, Corpus Christi oil operator, is the other stockholder. KWK 50 KW, PLEA OPPOSED BY KFEQ OPPOSITION to the petition of KWK, St. Louis, for assignment on 680 kc. with 50,000 watts in a suggested shift under which KFEQ, St. Joseph, Mo., now operating limited time on that channel, would take over the present KWK facility on 1350 kc, was filed with the FCC July 22 by the St. Joseph station. Asking that the KWK application [Broadcasting, July 15] be designated for hearing and that its own application for fuUtime on 680 kc. be granted, or that both applications be set for joint hearing, KFEQ contended that the engineering data submitted by KWK "does not reflect a true and accurate picture" of the proposed operation. Assignment of 680 kc. to St. Louis as proposed "will not result in the best use of the frequency" from an engineering standpoint, KFEQ contended. The switch in frequencies as suggested would cut in half the service area of KFEQ, according to the answer. It was stated that KFEQ is an independent station, and has operated for 14 years. KWK, on the other hand, was described as a network affiliated station on both NBC-Blue and MBS, and that because of other recent grants made in St. Louis is "in fear of losing its chain affiliation with resulting loss in revenue". As a consequence, it was alleged, the station seeks the KFEQ facilities "to instire KWK's continued chain affiliation or possibly a more profitable chain affiliation, regardless of to what degree the assignment in frequencies may injure KFEQ on the vast farm audience which it serves." Publishers Plan Sept. 1 Start for New KMYC SCHEDULED to begin operating Sept. 1, the new KMYC, Marysville, Cal., authorized for construction last January, has ordered an RCA transmitter and Wincharger tower, and will be linked to the group comprising KHSL, Chico, Cal.; KVCV, Redding, Cal.; KYOS, Merced, Cal., and KWLK, Longview, Wash., all outlets of the Don Lee Network. Staff appointments thus far announced are Hugh McClung, general manager; Walter Conway, manager; William Musladin, commercial manager; Robert S. Hambley, production manager; Leon Stauffer, chief engineer; Dorothy E. Hartwig, accountant. Marysville-Yuba City Broadcasters Inc., which will be licensed to operate the new 100-watt station on 1420 kc, is headed by Horace E. Thomas, president, publisher of the Marysville & Yuba City AppealDemocrat, 50% stockholder. 'Treasurer is Hugh McClung, who is copublisher of the Merced Sun-Star, which owns KYOS. He holds 49.5% of the stock, and his brother Peter McClung holds a half share. Mr. Thomas also owns 25% interest in KHSL, in which the McClung family has a 50% interest. The McClungs also control KWLK. BETTY BURBRIDGE. Hollywood film writer, is doing scripts for the CBS Melody Ranch program, sponsored by Wm. Wrigley .Jr. Co. She also writes the Gene Autry screen plays. Deal was made with .J. Walter Thompson Co., Hollywood, agency producing the program. Page 74 • August 1, 1940 BROADCASTING • Broadcast Advertising