Broadcasting (Jul - Dec 1944)

Jett Charges FCC Violates Oivn Rule In WOI Early Morning Special Grant EARLY MORNING operation of WOI Ames, la., with power reduced to 1 kw, effective when granted Dee. 9 by the FCC by a 3-2 vote, is a violation of the Commission's own regulations, Chairman E. K. Jett pointed out in a dissenting opinion, in which Commissioner Norman S. Case concurred. Concurring in the majority opinion that farm news and market information proposed to be broadcast by WOI "would be of special . value", Chairman Jett -wi-ote that the opinion disclosed "a number of other stations" in Iowa broadcast such information in the early morning hours. "Furthermore, the application may not be granted , under the provisions of Sec. 3.87," ' wrote the chairman. Sees Many Requests Ahead "It is my opinion that a deviation ,; from this rule will result in the flow of a large number of applications requesting similar treatment, which, if gi-anted, would result in serious interference with broadcasting and the piecemeal repealing of this rule," he concluded. Under the finding WOI, operated by Iowa State College, may broadcast from 6 a.m. to 8 a.m. during December, January and February and from 6 a.m. to local sunrise at all other times. KFI protested on the grounds that early morning operation would interfere with the KFI signal. Both stations operate on 640 kc with ' KFI the dominant 50 kw outlet and WOI a daytime station of 5 kw. In its opinion the FCC said, the "service which this applicant proposes to render is shown' to be of special value and of public interest". Operation of WOI at 6 a.m. on 5 kw would cause "substantial interference" with KFI, the conclusion stated, adding "a substantial service may be provided" without interference at 1 kw power. Commissioners Durr and Walker, in a special concurring opinion, said they felt WOI's application should have been allowed in full and a special service authoriza tion issued for operation at 5 kw from 6 a.m. to local sunset. The decision means, the opinion said, that WOI must go off the air from 8-8:30 a.m. in December, 8-8:45 during January and 8-8:15 a.m. in February. Contending that the early morning programs of KFI "consist mainly of recorded and transcribed musical entertainment and advertisements, except for a news program carried at 6:15 a.m., and a national network program known as the Xatioval Faym & Home Hour,'' Commissioners Durr and Walker held, on the other hand, that the early morning market news proposed by WOI "may well decide for the farmer the vei'y practical question as to whether he will spend the day hauling his produce to market or working on his farm." Commissioners Durr and Walker wrote they were "not impressed with the testimony offered as to the general listener audience of WHO Des Moines, or with the fact that WHO also carries an early morning farm program." They pointed to a Commission general order adopted June 7, 1940, permitting aill daytime and limited time stations to begin operation at 4 a.m., local standard time, and to revocation of the order by adoption of Sec. 3.87. "We feel that in any case where a rule which we ourselves have CBC Terms Expire TERMS of three governors of the Canadian Broadcasting Corp., have expired, but new appointments have not yet been announced. Those whose terms are up are J. Wilfred Godfrev, K. C, Halifax lawyer; Very Rev. W. Eastland Fuller, Saskatoon; and Dean Adrien Pouliot, Montreal educator. Appointments for renewal of their three year terms or of reolacements are made by the Canadian government. adopted serves to defeat the public interest, such rule should be modified or amended, or repealed if necessary, to the end that public interest will be paramount," concluded the concurring opinion. On Aug. 3, 1943, the Commission granted WOI special authorization to operate with 5 kw from 6 a.m. to local sunrise, but on protest of KFI the grant was set aside and application designated for hearing. Again the FCC granted the special authorization and on protest from KFI designated the case for oral argument, which was held last Nov. 29. James G. Patton, president of the National Farmers Union, had written the Commission, urging that the WOI application be granted but that the FCC take no action until after the arrival of Paul A. Porter, nominated by President Roosevelt to succeed James Lawrence Fly, who resigned Nov. 15 as chairman [Broadcasting, Dec. 11]. Wichita KFH WICHITA IS DIRECTLY IN THE CENTER of the intersection of global over-land routes recommended as main arteries for postwar transport . . . for maximum economy, safety and favorable operating conditions. With its four major airplane factories ... its strategically located aircraft equipment plants ... its conveniently based petroleum production and refineries . . . Wichita offers unlimited opportunity for expansion, with the already planned cooperation of city and state. Wichita is looking forward to a great future in aviation; and forv/ard looking advertisers ore looking to Wichita and KFH for greater peacetime opportunities. Hooperated, too . . . See any Retry Office for details CBS 5000 WATTS DAY & NITE CALL A PETRY OFFICE KFH WICHITA Represented by PEGGY STONE, Nen York GEORGE ROESLER, t hicapn HOMER GRIFFITH COMPANY lloUywtHul A, Sail Francisco HARRY McTIGUE General Mjnsg^r The CBS Station for a miilion people in 22 counties of 3 states... the heart of the Textile South. i;pA SOflO Watts Day 1000 Watts Nieht 950 kc. pQQ Spartanburg. S. C. IDu Represented by HollinEbery BR OA D.C A STING • Broadcast Advertising December 18, 1944 • Page 39