Broadcasting (Jan - Mar 1950)

ERECTEO All over j The Worldi listening. Not only did he get his jdog for Christmas but employes jof Ward's organized a campaign to jraise from $1,200 to $1,400 so (Georgie can have a Leader dog rhen he grows up. Christmas Seal Day I In keeping with the spirit of klhristmas giving, WWJ Detroit rgave a day" to help prevent tuber[culosis. Mention of the Tubercullosis and Health Society Christjmas Seal sale was made on 24 jshows and newscasts Dec. 14. Collection Depot j Personnel of WWDC Washingiton manned a collection depot for I Christmas gifts for distribution jto the District Home for the Aged land the Infirm. ^LAW UPHELD Toys for Children In St. Louis, KSD-TV played an important role in making Christmas a happy one for youngsters in the Shriners' Hospital for Crippled Children. In a special pre-Christmas telecast from the hospital, KSD-TV's regular half-hour weekly Spm-teen Chance program raised $600 in telephoned pledges to purchase toys and candy for the young patients. During the 30minute program, a special switchboard set up in the hospital and manned by three operators was swamped with 200 calls as M. C.s Buddy Blattner and Carl Mclntire interviewed the children in beds, in wheel chairs and on crutches. Several plugs were made to buy each child "a well filled Christmas stocking." Donation Program In Akron, Ohio, the Salvation Army got a big helping hand from WAKR after it appeared that the charitable organization would be unable to care for additional needy families. Working fast, S. Bernard Berk, president of WAKR, directed a lineup of talent, prominent business and civic leaders for participation in an all-night request-donation program for Dec. 17. Two hundred Naval Air station men also were obtained for volunteer work. The net result was a six hour program with cash donations totaling more than $15,000, giving a helping hand to 2,100 families. In Public Service Interpretation THE LICENSEE of a station can reserve to himself the final decision las to what programs will best serve the public interest, according to a jlprecedent-making ruling by a federal judge in Boston on Dec. 23. Ruling jupholds the right of a station to break a contract if it believes a proposed ;iprogram does not best serve the ipublic interest. f U. S. Judge Francis J. W. Ford, |in delivering the finding, dismissed te civil suit brought by the Massa(chusetts Universalist convention against WLAW Lawrence. Suit alleged breach of contract in WLAW's refusal to broadcast a sermon on last Easter Sunday. It asked damages and an order forcing WLAW to broadcast the sermon next Easter. The Universalist organization •filed civil suit asking damages and a court order requiring WLAW to [broadcast the rejected sermon next Easter. WLAW, represented by •James Lawrence Fly of Fly, Fitts & Shuebruk, moved to dismiss the ' suit for "failure to state a claim ■ ;upon which relief can be granted." Ij Summarizing the case. Judge jjiFord's decision states: "Plaintiff's ^contention is that under the Com!,"munications Act the business of Ijradio broadcasting is affected with !jia public interest and that, in con!|Sequence, contracts between the Dwner of a broadcasting station and I'oersons seeking to broadcast are ■likewise affected with a public interest. Therefore, the plaintiff urges that the Communications Act, in imposing on licensees a duty to broadcast in the public interest, by implication, confers on those contracting for broadcasting time a right, notwithstanding any contractual provisions for rejection of programs, to have their material broadcast except where the content of the broadcast is not in the public interest. "Such an interpretation of the Communications Act must be rejected," the decision declares. "Certainly the act does not confer on anyone any right to broadcast any material at any time, whether or not it has a contract for such a broadcast. Nor does there seem to be any basis for the implication of such a right. There is nothing in the Act to indicate that the mere fact that one party to the contract is a licensee under the Act gives to the other contracting party any greater rights than those which the law ordinarily gives to parties to a contract. ® "It is true," Judge Ford con PORTLAND, OREGON ^ ^ AFFILIATED WITH NBC igx EPRESINTED HATIOMflHY BY EDWARD PETRy\ CO., INC. tinues, "that licensees under the Act have a duty to operate their stations so as to serve the public interest. The licensee has the duty of determining what programs shall be broadcast on his station's facilities, and cannot lawfully delegate this duty or transfer the control of his station directly to the network or to the advertising agency. 9 "He cannot lawfully bind himself to accept programs in every case where he cannot sustain the burden of proof that he has a better program. The licensee is obliged to reserve to himself the final decision as to what program will best serve the public interest. We conclude that a licensee is not operating in accordance with the express requirements of the Communications Act if he agrees to accept programs on any basis other than his own reasonable decision that the programs are satisfactory." Radio Exhibit Room WALTER EVANS, Westinghouse Radio Stations, Inc. president, officially starts a "History of Radio" exhibit room at the Carnegie Museum in Pittsburgh next Tuesday (Jan. 10), his firm has announced. During the KDKA (Pittsburgh) Day program of the Pittsburgh Radio and Television Club on that date, Mr. Evans will present an item of historical significance to the Museum as the official beginning of the new room. The exhibit will be opened to the public during National Radio Week next November. . Mr. Evans BROADCASTING Telecasting Whether on ground level or high above street level on top of tall skyscrapers, BDN'S expertly trained field force will erect your TV, FM or AM antenna and tower quickly and safely. 0 Erections completed when promised—no matter how diflRcult the job ^ Perfect erection and operation guaranteed upon completion ^ Complete liability insurance carried Wr 8 2 W. WASHINGTON ST. CHICAGO 2, ILL. January 2, 1950 • Page 39