Broadcasting (Oct - Dec 1945)

Nearly 2,000,000 Listeners . . . more people than live in the entire state of Rhode Island! Day and night WLAW sells to these residents of Industrial New England— a responsive market where annual retail sales alone approximate $650,000,000. WLAW LAWRENCE, MASS. 5000 WATTS 680 Kc. Basic Station American Broadcasting Co. NATIONAL REPRESENTATIVES: WEED & CO. is quick and easy when you're staying at The Roosevelt— just a short stroll from key business centers, shops, theatres. And Hilton service assures your comfort. Rooms with Bath from $4.50. R HOTEL OOSEVELT Dean Carpenter, General Manager Madison Ave. at 45th St., New York. ; Other Hilton Hotels Include \ Chicago: The Stevens; Dayton: i The Dayton-Biltmore; Los Angeles: The Town House C. N. Hilton, President DIRECT ENTRANCE TO GRAND CENTRAL TERMINAL Page 94 • December 17, 1945 N. M. Case {Continued from page 18) tained the license. In 1935 the FCC wrote the college that after reading the contract for lease there was "serious doubt of the legality of the entire transaction". When the station's license came up for renewal the FCC designated it for hearing. Meanwhile the college contracted to sell KOB to Albuquerque Broadcasting Co., headed by T. M. Pepperday, also president of the Journal Co. The FCC granted consent to transfer in June 1936. Contract Terms Under terms of the sale contract the college was to have been given one hour daily, non-cumulative time, a half -hour before 6 p.m. and the other half-hour after 6 p.m., particular broadcast time to be selected at the option of the college. Another clause in the contract, however, provided that licensee would have complete control of operation and unlimited supervision of programs. On June 30, 1945, the college regents transmitted a demand to KOB for these periods: 8:30-9 p.m. daily except Monday and Thursday; 5:30-45 p.m. daily except Sunday; 10-10:30 a.m. Sunday in addition to 2V2 hours per week already being utilized under the sale contract. KOB, through Pierson & Ball, filed complaint in the New Mexico Federal District Court for declaratory judgment charging (1) the station could not legally accede to the demands, and (2) the contract did not give the college the right to make demands. Holding that there was no "genuine issue" as to material facts and no controversial question, the court issued the following declaratory judgment: 1. That the demand of the defendant, dated June 30, 1945, for the scheduling of its programs for specific time was rightfully refused by the plaintiff; that under the Federal Communications Act of 1934, .as amended, and under the rules and regulations, restrictions and conditions made and imposed upon the plaintiff by the FCC, the plaintiff has the sole and exclusive right and duty to exercise its independent judgment and discretion to control, supervise, and direct the use and operation of Station KOB in the interest of the listening public and to choose and select programs and allocate time for the broadcast of programs which will best serve the interests of the listening public, and is prohibited by law from assigning said right or delegating the said duties voluntarily or involuntarily, directly or indirectly, to any person or party, including the defendant. 2. Th^t the plaintiff under its license from the FCC is obligated to broadcast under the rules, regulations, terms and restrictions imposed upon it by the FCC, snd that had the plaintiff acceded to the demand of the defendant for specif o time as set forth in said demand under date of June 30, 1945, the plaintiff wou'd have violated its duties under its license. 3. That the defendant is without right imder the contract annexed to Dlaintiff's complaint and marked "Exhibit A" to reauire the plaintiff to turn over anv period or periods of time the defendant elects to demand without furnishing advance information on the orosram to he broadcast and without recognising that it l<s the sole right and dutv of the n'aintiff under its license from the FCC to exercise its independ LEGION of Merit is presented Col. Edward M. Kirby (1) by Maj. Gen. Alexander Surles at the War Dept. Col. Kirby was cited for "exceptionally meritorious conduct in the performance of outstanding services as chief, Radio Branch, War Dept. Bureau of Public Relations, from May 1942 to Sept. 1945." He is now public relations counselor in New York and Washington. Western Workers Electric Ask Aid Sympathy Strike of Telephone Union Members Possible POSSIBILITY of a sympathy strike speading among members of the National Federation of Telephone Workers was seen last week as Western Electric Employes Assn., representing 16,000 Western Electric Co. workers in New York and New Jersey, enlisted NFTW's support after rejecting a renewed company offer for a 15% wage increase. WEE A members voted Nov. 28 to strike unless their demands for 20% raises were met. Last week WEEA solicited help of NFTW with which it is allied, and forthwith Joseph A. Beirne, NFTW president, sent a telegram from his Washington, D. C, headauarters to C. G. Stoll, Western Electric Co. m-esident, requesting a meeting. Much hinged on the outcome of the meeting, which was still in progress as Broadcasting went to press. The company announced its renresentative at the meeting would be Stanley Bracken, vice president in charge of manufacturing, and not President Stoll. Union representatives were Mr. Beirne, Frank J. Fitzsimmons, president of WEEA, and Henr" Maver, New York attor nev for the union. Under its own rules the telephone workers union will make an effort to settle the differences before casing sympathv strikes among its 47 locals and 250,000 workers. R. C. OSTRANDER, former sales manager of KPPY Spokane, has joined Cline Advertising Service, Boise, Ida., as account executive. ent judgment as to the time when defendant's programs shall be scheduled and broadcast in the interest of the listening public. 4. Any party may at any time hereafter apply for consequential relief herein in accordance with the terms of the Federal Declaratory Judgment Act of June 14. 1934. 5. That the plaintiff recover its costs in this behalf expended. Time Change (Continued from page 18) there would be no problem. Opposition to daylight time generally comes from farm groups, boards of education and theatrical interests, and this opposition would be loud if legislation were sought. Second suggestion is that the NAB, ANA and AAAA study the problems as a whole and draw up an integrated program. Operation of radio on standard time, just as railroads do in summer, has been suggested. NAB Board on Record Vi! NAB board last October discussed the question and went on record as favoring all efforts to attain uniformity in time. With two network affiliate groups now working separately to arouse industry sentiment, the subject is]t» expected to remain alive during the i"1 winter after a quiescent four-year|n interval. Representing American affiliates at the network's District 2 meeting in Detroit last week, besides Mr. Campbell, were: Leonard A. Versluis, Hy M. Steed, WLAV Grand Rapids; Stanley R. Pratt, WSOO Sault Ste. Marie; Harry McTigue, WINN Louisville; J. M O'Hara, WMAN Mansfield, 0.; Jack Kelly, WCOL Columbus; William M. O'Neil, Lawrence Webb, WJW Cleveland; Robert Sampson, w WSAI Cincinnati; Howard Lane Marshall Field stations; Artfl-M Shawd, WTOL Toledo; Marshall |e, L. Rosene, WSAZ Huntington, W.f111 Va.; Hugh A. Giesel, WBCM Bayi City, Mich.; Ford Billings, WHOT1 South Bend; John R. Atkinson,^ WHBV Anderson, Ind.; Robert T. Mason, WMRN Marion, O.; Howard Loeb, WFDF Flint; Herman Radner, WIBM Jackson; Fred W. Wagenvoord, WJIM Lansing; Phil Wood, WFMJ Youngstown; Dan E Jayne, E. P. Mills, WELL Battle Creek; J. P. Williams, WING Dayton; Adna Karns, WIZE Springfield; C. Bruce McConnell, Rob ert E. Bausman, WISH Indianapolis; George Smith, WWVA Wheeling; S. Bernard Berk. WAKR Akron; Mark Woods, John H. Norton Jr., Otto Brandt, Archie Grinalds, Ted Oberfelter, American network. Marshall Field First MARSHALL FIELD & Co., Chi cago, holds top priority for television equipment for intrastore use manufactured by General Electric, George S. Peterson, districtlj^ manager for GE electronics department revealed last Thursday. During the war General Electric adopted a plan of accepting orders for postwar television installation and Marshall Field was first to enter into a contract. Store officials said no detailed plans for intrastore video have been made yet, but they indicated interest in the eai"' media as a sales tool. BROADCASTING • Telecasting