Broadcasting (July - Dec 1943)

Interstate Commerce Committee on the WhiteWheeler Bill as well as in the House where a parallel measure has been introduced by Rep. Holmes (R-Mass.). Also figuring in the legislative picture is the outcome of the Cox Select Committee inquiry into the FCC. The Committee expects to submit an interim report with the convening of Congress Sept. 14. Legislative recommendations are contemplated at that time, to curb the FCC's operations, probably accompanied by an interim bill to transfer the Commission's Radio Intelligence Division and Federal Broadcast Intelligence Service from the FCC to the military. Mr. Bartley was born in Ladonia, Tex., on May 20, 1909. He attended business college at Southern Methodist U., Dallas. He was married in 1936 to Ruth Adams of Washington. They have two children, Robert Jr. (Buck), 5, and Jane, 2. When Mr. Splawn was appointed a member of the ICC, on which he now serves, in 1934, Mr. Bartley joined him as his assistant. With the formation of the FCC six months later, Mr. Bartley transferred there as a director of the Telegraph Division. Interested in FM, largely by virtue of Mr. Shepard's pioneering activities in that field, Mr. Bartley was made secretary-treasurer of FM Broadcasters Inc. upon its formation in 1939. He also became secretary-treasurer of American Network Inc., an organization formed with a view to creation of an FM network as soon as necessary outlets became available. Mr. Bartley has resigned both posts, along with his Yankee Network position, to accept the NAB assignment. Ben Ludy Elevated APPOINTMENT of Ben Ludy, general manager of WIBW Topeka, as general manager of both Capper stations, WIBW and KCKN Kansas City, Kan., was announced last week by Capper Publications Inc. Mr. Ludy has headed WIBvV since 1938. Mr. Ludy said there will be no change in the policies of either station. Ellis Atteberry will continue as Kansas City manager of KCKN. The appointment was effective Aug. 23. Brophy Resigns OWI Post RESIGNATION of Murry Brophy, chief of the Bureau of Communication Facilities of the OWI Overseas Branch, on account of illness was announced last week. James O. Weldon, chief radio engineer for the Bureau, has been appointed his successor. Mr. Brophy, a former CBS West Coast official, became ill several months and resigned in the interest of the agency. Mr. Weldon has been with OWI about a year and was formerly a consultant on transmitter construction in Texas and Mexico. Y/tf in thb comes hols" TO THIS WITH the knowledge and consent of the lampoonee, we reproduce herewith a strip featuring E. Palmer (Ep) Hoyt, editor and publisher of the Portland Oregonian, which operates KGW-KEX, who last June took over as director of OWI's domestic branch, just as it was being buffeted about by Congress. He succeeded Gardner (Mike) Cowles Jr., who returned to Des Moines to resume the comparative complacency of running the Register-Tribune, Iowa Broadcasting Co. and Look. Inspiration for the drawings was a belated but sparkling introductory reception last week. The artist is Washington's brilliant young John D. Irwin, of the Advertisers Art Studio. Gags are anonymous. CIO Again Protests NAB Code In Petition on Blue Hearing USING THE scheduled hearing on the transfer of the BLUE Network from RCA to Edward J. Noble's American Broadcasting System Inc. as the vehicle, CIO last Friday petitioned the FCC to consider the right of labor unions to buy time or receive free time on networks and stations to promote their causes. Lee Pressman, CIO general counsel, filed with the Commission a formal petition to intervene in the Sept. 10 hearings on the projected transfer of the three owned stations of the BLUE Network to the Noble corporation. It was the first intervening petition filed and, so far as is known, the only parties to the hearings will be RCA as the seller, the BLUE Network Co., as the present licensee of WJZ, WENR and KGO, and Mr. Noble as the purchaser. The CIO petition, it is expected, will be considered by the FCC at its meeting tomorrow (Aug. 31). If it is found that the organization has a proper legal or relevant interest, it is presumed the union will be authorized to participate. NAB President Miller, in a prompt answer, said American labor is entitled to and has the same access to radio as any other individual or group. He said labor was given more than 100 broadcasts on the networks in 1942 and this was heartily commended by William Green, AFL President, and Philip Murray, CIO President. He also recalled that the National Council on Freedom from Censorship last June concluded that labor has an ample opportunity for use of broadcasting facilities in this country, and that Roger Baldwin, President of American Civil Liberties Union, concurred with the observation that "no changes are recommended" in the NAB code. Mr. Miller observed that a public hearing would not only reveal rad i o ' s cooperation with labor throughout the United States but might also provide the education apparently most needed by the CIO. Attacks Membership Ban The BLUE hearing, the Pressman petition states, affords an "opportunity to present certain problems of organized labor in relation to radio broadcasting both to the FCC and to the radio broadcasting industry". To achieve its greatest benefits, the petition said, organized labor "must use this medium, and the radio industry in performing its role in the public interest must serve organized labor which forms so large a part of its listening audience." A sharp attack upon the NAB code of ethics, barring sale of time for controversial issues, is made in the petition. It is contended that the code bars labor from soliciting memberships on the air and that labor may not buy time on the networks or on a large number of individual stations. The petition brought out that the NAB code provides that time may not be sold for programs involving controversial issues, but sustaining time may be allotted for this purpose. Individual stations, the petition added, have for practical purposes uniformly held that labor programs are controversial. Last spring, it was pointed out, the code was further amended to provide that solicitations of membership in organizations are deemed to be unacceptable under the basic theory of the code, and therefore time should be neither sold nor given for this purpose. The major activity of labor organizations, Mr. Pressman held, is to extend their membership and the "benefits achieved by them to workers as yet unorganized". To the extent that stations and networks abide by this provision, labor organizations are "seriously crippled in one of their major activities". Mr. Pressman argued that the effects of the code in restricting labor's use of the air points to "a serious defect in the control and operation of broadcast stations and networks". Operation of stations and networks in the public interest requires that the FCC and station managements recognize four specific factors, Mr. Pressman said. He enumerated these as follows : (1) That a larger proportion of free time should be made available to labor organizations in the form of organized weekly recurring sustaining programs. (2) That labor organizations should suffer no blanket restriction on their purchase of time on stations or on the networks. (3) That labor organizations should suffer no blanket restrictions on their solicitation of memberships or use of broadcasting programs in an organizing campaign. (4) That machinery should be promptly established for the relief necessary when labor organizations are not permitted to either buy or to receive free time to put their programs on the air. Noble Says BLUE Plans Will Await FCC Action EDWARD J. NOBLE, who will become owner of the BLUE Network if the transfer of licenses of the network's three owned and operated stations to him is approved by the FCC, has not as yet given any consideration to selection of a board chairman for the network company, he told Broadcasting last week. In response to a specific query about reports that Chester LaRoche, head of the War Advertising Council and formerly chairman of the board of Young & Rubicam, would become chairman of the board of American Broadcasting System, company formed by Mr. Noble to purchase the BLUE network, Mr. Noble said. "I haven't even begun to give any consideration to the administrative aspects of the BLUE network and I don't intend to until such time as my acquisition of the BLUE has been confirmed." Page 10 • August 30, 1943 BROADCASTING • Broadcast Advertising