Broadcasting (July - Dec 1940)

within the next few days, would take from ASCAP, with which the firm is now affiliated, and give to radio some 20,000 songs representing a cross-section of the most popular music of the past quartercentury. BMI has announced the completion of its first deal with a performing rights society, the Society of Authors, Composers & Editors of Music, Mexico City. Contract, signed for the Mexican society by Alfonso Esparza Oteo, gives to BMI on Jan. 1, 1941, the broadcasting and television rights to more than 20,000 compositions, including 2,000 records. During the remainder of 1940, performance rights are available through ASCAP. Grant includes the works of more than 150 Mexican songwriters, both popular and serious. In cooperation with the music committee of the Pan-American Union, BMI is planning a series of programs of Mexican, Cuban and South American music to popularize this type of music in the United States. SESAC Plan Negotiations between the NAB and SESAC have resulted in an agreement from SESAC that its license fees to broadcasters will not be raised for the next five years. In a letter to the NAB, SESAC guaranteed : That all stations whose licenses expire prior to Dec. 31, 1941, may renew their agreements for an additional five-year period at rates not exceeding the current schedule of fees, and that those stations without SESAC licenses may obtain five-year licenses by Jan. 1, 1941, at rates not exceeding the current schedule. Pointing out that SESAC has cooperated with radio during its ten years in business and that its license fees have remained practically stationary while its music has increased from eight catalogs in 1931 to 125 at present, giving it control over performance rights of more than 55,000 compositions, the letter states that nearly 700 stations have long-term agreements with SESAC. NAB is writing all its member stations urging them to take advantage of their SESAC music and suggesting that stations not now licensed by SESAC give serious consideration to acquiring such a license. In observance of its tenth anniversary, SESAC has issued a mtisic guide, containing a classified index of some 200 different types of music included in its calalogs, listed by classifications of music, and also a list of the publishers and organizations affiliated with SESAC. Copies of the guide were sent to stations with the NAB letter. Thirteen stations have become BMI members within the past two weeks, raising the total to 428. New members are: WRDW, Augusta, Ga. ; WLAW, Lawrence, Mass. ; KFKA, Greeley, Col.; WKBB, Dubuque; KFDM, Bea-umont; KAST, Astoria, Ore.; KUTA, Salt Lake City; KTSW, Emporia; KSOO, Sioux Falls, S. D.; WLOG, Logan, W. Va.; WIND, Gary; WTRY, Troy; WKNE, Keene. N. H. {Continued on page 65) Hummert Asks FCC Mediation InASCAP-BMI Controversy IN THE first formal peace offensive of the controversy between the broadcasting industry and ASCAP, E. Frank Hummert, vice-president of Blackett-Sample-Hummei-t, on Nov. 28 sent the FCC a letter suggesting that "the Commission undertake such action as may be appropriate to mediate between the broadcasters and ASCAP to the end that the nation's great radio audience may continue, without interruption, to enjoy all of its own American music." Regarding his own situation, Mr. Hummert states : "That the resultant situation affects me personally as a producer of long-established radio musical programs is of relatively minor importance. That millions of the radio audience will be deprived of most of the best American music is of paramount public interest." Mediation Efforts Explaining the delay between Mr. Hummert's announcement of his intention to make this protest [Broadcasting, Nov. 15] and the sending of the protest, Henry K. Ux'ion, of O'Connor & Farber, counsel for Mr. Hummert, said that it was decided to attempt to bring about mediation directly before appealing to the Commission. Mr. Hummert and Mr. Urion conferred with John G. Paine, ASCAP's general manager, and found him amenable to the mediation idea. Then they called on Niles Trammell, NBC president; Edward Klauber, CBS executive vice-president, and Sydney Kaye, general counsel for BMI, and, according to Mr. Urion, this group did not view with favor the suggestion that a mediator be authorized to settle the problem. Can FCC Intervene? Whether the FCC can intervene is questionable. It has no authority under the statute to mediate in matters of this kind. Should the quality of program service deteriorate as a result of the AS6AP ban, it is presumed the FCC might raise some question about program service on renewals of station licenses. On the other hand, if broadcasters and ASCAP agree to mediation, some individual commissioner might voluntarily intercede. Such a development, however, is not deemed likely. In his letter, Mr. Hummert said that since the new license agreements were tenderd by ASCAP, no negotiations whatever had taken place between ASCAP and the networks. He said he had recently suggested that ASCAP and the networks enter into negotiations through a mediator, and while this suggestion was acceptable to ASCAP, the networks had not assented to it. Thus, he pointed out, after Dec. 31 the networks and their stations will not broadcast music controlled by ASCAP. Despite his disclaimer of impartiality, Mr. Hummert neverthe less attacked radio's position. "Motivated solely by personal pecuniary considerations and without regard whatsoever to the interests of the radio public, the broadcasting chains, virtually controlling the major part of our radio facilities, have evidently determined that they will not deal with the organization that controls the bulk of American music," he wrote the FCC. He said it was inconceivable "that the controlling broadcasting interests, presumed to operate in the public interest, should be permitted to deprive the American radio public of its accustomed music by a mere fight for dollars. "In view of the great public interest which is involved, I respectfully suggest that the Commission undertake such action as may be appropriate to mediate between the broadcasters and ASCAP to the end that the nation's great radio audience may continue, without interruption, to enjoy all of its own American music." Jergens Rand (Contract Contains AS(]AP (Clause ANDREW JERGENS Co., Cincinnati (Woodbury soap) currently sponsoring the weekly half hour NBC Woodbury Hollywood Playhouse, on Jan. 1 will replace the dramatic show with a musical program. Tony Martin's band has been signed. The same 64 NBC-Red stations, Wednesday, 8-8:30 p.m. (EST), with West Coast repeat, 88:30 p.m. (PST), will be used. Although Hollywood executives of Lennen & Mitchell, agency servicing the account, would not be quoted, it is understood that for the first time in contractual history of radio, Martin has been given a performer's cancellation clause, based on the current ASCAP controversy. It is reported that should there be a lack of ASCAP music for the series, Martin might regard it as militating against the success of his program. Therefore the cancellation clause would permit him to withdraw. William N. Robson, Hollywood manager of the agency, is to produce the new series. Jim Ameche and Gale Page are currently being featured in the Woodbury Hollywood Playhouse series, having succeeded Charles Boyer when he withdrew last season. EXTERIOR of new 5 kw. plant of WISN, Milwaukee, as conceived by Mark Pfaller, architect. Four towers comprising a directional antenna system will be built on the new 40-acre site located in Milwaukee county. G. W. Grignon, manager of WISN, has announced that more than $100,000 will be invested in new equipment alone. Authorized Nov. 20 to increase from 250 watts night, 1,000 day to 5,000 day and night on a new freqency of 1150 kc, in lieu of the present 1120 kc, the new plant will be ready next spring. RIGHT OFF THE FARM Murphy Products Originates Series at a Home MURPHY PRODUCTS Co., Burlington, Wis., (stock food concentrates), on Nov. 30 started a 13week half -hour test campaign Saturdays 1-1:30 p.m. on WDAY, Fargo; WHO, Des Moines; WLS, Chicago; KFAM, St. Cloud, Minn.; KROC, Rochester, Minn.; KYSM, Mankato, Minn. Program originates in the home of the Herman Tonsfeldt family near Sabin, Minn., and is called Home on the Farm.. Everyday happenings such as livestock sales, church socials and shopping tours are discussed by the Tonsfeldts and their children. Direct wires are used by the network of stations releasing the program, vdth WDAY acting as key station. Critchfield & Co., Chicago, placed the business. Preparing BMI Hymnal A BMI hymnal, containing between 400 and 500 standard hymns, gospel songs of all denominations, with a few patriotic hymns and Negro spirituals, is being prepared and will be ready for distribution about Dec. 20. Richard Maxwell, conductor of Songs of Comfort and Cheer on CBS, has served as special consultant on the volume, collaborating with M. E. Tompkins, BMI general manager, and Dana Merriman of the BMI editorial staff. BMI's Hollywood Office WITH Harry Engel having taken over as West Coast manager of Broadcast Music Inc., the organization has moved its Hollywood offices to 1549 N. Vine St., utilizing a suite of five rooms. A veteran of 20 years in the music publishing business, Engel assumed his new duties in mid-November, and is being assisted by Richard Hartman and Eddie Janis. Hannah Green is office manager. NBC, CBS and MBS will carry the "Christmas Under Fire" speech of King George VI of England, to be broadcast Christmas Day. P. LORILLARD Co., New York, on Nov. 27 started for four weeks Dick Fishell's nightly sports resume on WHN, New York, on behalf of Old Gold cigarettes. Lennen & Mitchell lilaced the account. BROADCASTING • Broadcast Advertising December i, 1940 • Page 13