Broadcasting (July - Dec 1940)

Defense Planning Hits Broatlcasting Industry Lightly Communications Group Picked From Industry Executives INDICATING the broadcasting industry is destined to play only a secondary role in the national defense planning work assigned it by Presidential decree, the Defense Communications Board Nov. 29 announced appointment of an Industry Advisory Committee of seven members — all executives of communications companies. The Committee — most important of the industry advisory groups designated — will maintain direct liaison with the five-man DCB of high-ranking Government officials. Members selected are Walter Gifford, president of AT&T; Sosthenes Behn, president of IT&T; David Sarnoff, RCA president, named as chairman of the board of RCA Communications Inc.; R. B. White, president of Western Union; W. E. Beakes, president of Tropical Radio Telegraph; Joseph PierBon, president of Press Wireless Inc., and Jack Kaufman, executive vice-president of Globe Wireless Inc. Subcommittees Named Only Mr. Sarnoff, of the seven committee members, is identified with broadcasting, by virtue of his chairmanship of NBC. The board announced that it had recognized the need for broadcasting representation by pr9viding that whenever a problem of domestic broadcasting or international broadcasting arises, it would call on the chairman of the domestic broadcasting or the international broadcasting subcommittee to delegate a representative to sit with the industry committee. Thus, the broadcasting industry as such will have no direct dealing with the board unless "need" arises. The domestic broadcast subcommittee is one of 11 created by the board. The four main committees are law; coordinating, made up entirely of Government personnel; industry advisory, and labor advisory. All these will have direct contact with the board itself. The board comprises FCC Chairman James Lawrence Fly, chairman; Maj. Gen. Joseph O. Mauboi-gne. Army Signal Officer; Rear Admiral Leigh Noyes, Dii-ector of Naval Communications; Assistant Secretary of State Breckenridge Long, and Assistant Secretary of the Treasury Herbert E. Gaston. A three-man labor advisory committee was authorized. The board invited the American Federation of Labor, C.I.O., and the National Federation of Telephone Workers to select one representative each from their communications and broadcasting unions to serve. Lowell Mellett, direct of the Office of Government Reports, and a special assistant to the President, was named one of the Government members on the broadcast subcommittee. Membership of the Domestic Broadcast Committee would total 17, of whom five would be Government men. Appointment of Mr. Mellett, regarded as the top Government information officer and as . the likely "George Creel" of the emergency situation, caused some reaction, particularly since the President's Executive Order creating the Defense Board emphasized that its function, in relation to broadcasting, shall be limited to "physical aspects" and shall in no way pertain to censorship or program control. The only other Government member designated was Major Frank C. Meade, of the Army Air Corps War Plans Section. Other Government posts will be for the FCC, Federal Radio Education Committee and State Department. Organizations invited to name members to the Domestic Broadcast Committee, the duties of which will include study of "physical aspects of domestic broadcasting" and formulation of recommendations deemed desirable under "foreseeable military conditions" were: AT&T, CBS, FM Broadcasters Inc., MBS, NAB, Finch Telecommunications Inc., NBC, NIB, National Television Systems Committee, Postal Telegraph, U. S. Independent Telephone Assn. and Western Union. It is doubted whether several of these organizations will name Committee members, because of remoteness of interest. The International Broadcasting Committee will have 11 members, of whom five will be Government officials. Mr. Mellett again was named to this Committee for the Office of Government Reports. Other Government representatives already named are Rear Admiral S. C. Hooper, Navy communications specialist; Nelson Rockefeller, coordinator of commercial and cultural relations between the American Republics, and Gerald C. Gross, International Division chief of the FCC. Commercial companies invited to name representatives were CBS, Crosley, General Electric, NBC, Westinghouse and World Wide Broadcasting Corp. When NAB President Neville Miller called to the Board's attention the lack of NAB representation on this Committee, the Board authorized addition of that organization. The State Department has not yet named its representative. Listings Not Final In announcing the Committees, Chairman Fly explained that the listings were not final and that additional members could be appointed upon proper showing. The Defense Communications Board desired to have a minimum number HIGHER standards in diathermy equipment will be considered by a joint committee of FCC, medical, industry and other affected groups, following a conference held Nov. 29 at the FCC. Presiding at the meeting, called to discuss standards to reduce interference from radio therapy, was E. K. Jett, FCC chief engineer. This candid portrait of Mr. Jett was taken as he discussed radio interference problems recently on Watson Davis' CBS Science Service feature. of Committee members, he said, but each of them could invite as many advisors as it desired. In letters of confirmation sent to the companies and organizations for their nomination of representatives on the 11 technical subcommittees, the Board stated that each committee would elect its own chairman and secretary. The companies were asked to cooperate in securing the most effective memb e r s h i p, with representatives thoroughly familiar with the problems and subject matter to be studied. Participating companies also were advised that the services of their representatives must be on a voluntary basis, as no appropriation is available for the Board to pa^' the expenses of members. Each committee member may be assisted by expert advisors from his organization and may participate in Committee discussions, at the discretion of those bodies, the formal notice stated. AGMA Asks Court to Revive Stay Order Restricting AFM AMERICAN Guild of Musical Artists appeared Nov. 29 before the Appellate Division of the New York Supreme Court, with Justice Francis Martin presiding, to request reinstatement of the stay order restricting James C. Petrillo, president of the American Federation of Musicians, from carrying out his threat to forbid AFM members from working with instrumentalists belonging to AGMA until AGMA's motion for a permanent injunction has been heard. Frederick E. Grane, former chief justice of the New York Supreme Court of Appeals, presented AGMA's argument that no harm will be done Mr. Petrillo or the AFM if the status quo is maintained, whereas if a stay is not granted AGMA, suffer great loss. members will Individual Contracts He raised the points previously presented by AGMA that its members— soloists such as Spaulding and Heifetz — are independent agents whose services are contracted for at special fees and that they banded together into AGMA to secure contractual protection. Musicians who are members of orchestras or bands work for salaries and need the group protection and collective bargaining offered by AFM, which would have no value for AGMA members, he argued. Samuel Seabury, president of the Association of the Bar of New York City, represented Mr. Petrillo, and answered that the AFM is not trying to enjoin anybody but merely standing on the rights granted by its charter from AFL, which gives it jurisdiction over all instrumental musicians. Stating that the right of an AGMA member to refuse to work with nonmembers cannot be denied and that unless AGMA soloists wish to perform with AFM members there is no reason for their request for an injunction, he argued that waiting for a trial would mean only a further delay in AFM's exercise of its legal rights to protect itself against competition of AGMA in organizing musicians. He asked that AGMA's petition be denied. The court gave AGMA until Dec. 3 to file a supplementary brief and AFM until Dec. 15 to file an answer. Hearing came only 10 days after Justice Aron Steuer of the New York Supreme Court had denied AGMA's application for a temporary injuction to restrain Mr. Petrillo from carrying out his announced plan. Suit for a permanant injunction was not barred by this decision, however, as Justice Steuer at the same time denied Mr. Petrillo's cross motion to dismiss this suit. Contrary to expectations, the AFM president did not immediately take action against AGMA members when the Steuer decision upset the temporary stay granted AGMA t on Aug. 29 by Justice Ferdinand ' Pecora [Broadcasting, Sept. 1]. Instead, Mr. Petrillo, through his attorney, Samuel Seabury, agreed to take no action pending the decision of the Appellate Division and ( to allow the status to remain as | it had been under the Pecora order. ' On Nov. 20, day after the Steuer decision, Mr. Seabury and another Petrillo counsel, Henry A. Friedman, appeared with Henry Jaffe, representing AGMA, before Presiding Justice Francis Martin of the Appellate Division and agreed to the stipulation, which in effect nullifies the ruling of Justice Steuer. After signing the stipulation to maintain the conditions existing under the Pecora stay order, the attorneys agreed to argUe their cases Nov. 29. It is believed the stipulation will activate the appellate judges to give the problem prompt consideration, with the possibility of a decision within a few weeks. Hearing before Justice Steuer had been held Sept. 19 [Broadcasting, Oct. 1], with a twomonth interval before his ruling. Came as Relief AFM decision to withhold action until the decision of the Appellate Division came as a relief to program executives of radio stations and networks and of advertising agencies placing such programs as Fo7\d Sunday Evening Hour which regularly present soloists with symphonic orchestral accompaniment. If Mr. Petrillo had decided to take immediate advantage of Justice Steuer's ruling, the result might have upset a number of program plans which could not be easily rearranged at the last moment. For instance, the new Coca-Cola series starting Dec. 1 on CBS features Albert Spalding, eminent violinist and active AGMA member who is one of the individual plaintiffs aganst Mr. Petrillo and AFM, with Andre Kostelanetz' orchestra, belonging to AFM. Page 16 • December 1, 1940 BROADCASTING • Broadcast Advertising