Broadcasting (Jan - Dec 1935)

FCC Renewal Right Facing Court Test Appeal on Col. Brown's Report On KFBI Renewal Plea Seen WHAT may develop into the first legal test of the FCC Broadcast Division's real authority to threaten refusals of license renewals to radio stations unless they stop carrying certain programs deemed to be objectionable, is seen in the report of Commissioner Thad H. Brown, made public July 18 in which he recommends a denial of a license renewal to KFBI, Abilene, Kan. Col. Brown's report is based upon hearings conducted by him, with George Porter as assistant general counsel of the FCC, at San Antonio, Tex. last March, shortly before the commissioner was shifted from the Broadcast to the Telephone Division. It is the equivalent of an examiner's report and requires final action by the Broadcast Division. In the report Col. Brown recites how KFBI has continued to carry broadcasts by and on behalf of Dr. John R. Brinkley, some of them wired from Brinkley's Mexican radio studios at Del Rio, Tex., and also "psychological" programs sponsored by one "Omar", astrological programs featuring one "Koran" and direct selling programs for Dr. Ford's Van Nae (reducing) tea. The Public Interest WITH respect to the Brinkley broadcasts, Col. Brown asserts the station was on proper notice that they were objectionable. They dealt, he said, with gland ailments, testimonials, etc., which were the cause of Brinkley's loss of his medical license in Kansas and his earlier loss of his broadcast station license. Station KFBI, now owned by the Farmers & Bankers Life Insurance Co., Wichita, uses the equipment which it purchased from the old KFBK, Milford, Kan., the Brinkley station deleted by the former Radio Commission in 1930 because of its allegedly objectionable medical programs. The other programs, Col. Brown also asserts, "are definitely not of a type that serve public interest." The fact that the manager of KFBI failed to rejport to the station owners in Wichita is not sufficient excuse for carrying the programs, he states, and he adds: "The licensee has been derelict in the performance of the trust imposed upon it by the licensing authority in turning over the complete control and management of the station together with the formulation of its broadcast policy to the station manager." George E. Strong, Washington attorney for the operators of KFBI, who also represented Brinkley in his fight with the old FRC and in the courts, on July 26 filed strong exceptions with the FCC to the Brown report. He declared the case will be carried to the U. S. Supreme Court if necessary. Col. Brown's report, asserted Mr. Strong, is incomplete in that it does not set forth any of the facts favoring the station and does not give due weight to the fact that the programs complained of were Page 10 FLOORS THAT MOHAWK COVERS Big Rug Manufacturer Gets Its Message— And Rugs — Into the Home With Radio as Main Medium By HOWARD LONDON "WHY did Mohawk Carpet Mills Inc., New York, select radio as its major medium?" E. Gerry Tuttle, its advertising manager was asked. The answer : "We selected raMr. Tuttle di0 as 0ur major advertising medium because we figured we could get our message to more people at less cost." So successful was a rug-naming contest staged by Mohawk over 16 CBS stations, using a noon period with its Five Star Jones program, that the series has been continued during the summer and a new contest has been started. When the first contest was started last winter, entrants were directed to visit a store handling Mohawk products, pick out one they liked, suggest a name for it, and include the pattern number as well as name of store. Thus they became quite familiar with Mohawk products. More than 100,000 persons entered stores selling Mohawk products and entered the contest, the number diminishing to 52,156 when the final count was made. The remaining entrants failed to fulfill all conditions of the contest. But Men Listen WHILE the program is directed at women, a large number of men entered. Mohawk contacted dealers suggesting they tie-in and 3,500 requested promotional kits. Broadsides and trade journal advertisements also kept the trade informed. Salesmen at stores who displayed rugs to winners received cash prizes, 285 profiting thereby. Following the contest, Mohawk sent the 52,156 entrants letters of thanks signed' by Sally Jones, a program character, and enclosing one of her photographs. The letter offered a book on the care of floor coverings, which some 10,000 requested. A free gift certificate for a set of glassware was offered those who bought Mohawk rugs and the response was far beyond original estimates of the sponsor. Four reasons are given by Mohawk for their decision to stay on the air during the summer: 1. The support received from retail rug buyers, salesmen and distributors. 2. The number of rugs puronly a small percentage of the general run of programs of KFBI which he said are definitely in the public service. Moreover, KFBI discontinued the allegedly objectionable programs when placed on notice by the FCC, the insurance company-owner not having known of them, he said. Mr. Strong also pointed out that several other U. S. stations have been carrying broadcasts by Brinkley and have not been cited for them. chased, traced directly to the rugnaming contest, and the number of rugs sold in connection with the glassware premium. 3. Reports from retailers indicating that the program brought many sales. 4. The large number of contestants who sent in labels from the back of Mohawk rugs, which contained the pattern number. Jordan Marsh store, Boston, had a total of 800 entries in the rugnaming contest. Meier & Frank, Portland, Ore., had 1,200. Other stores reported large numbers of entries, all of them likely prospects. Mr. Tuttle estimates that the average home buys a rug once in eight years. That means 4,000,000 prospects a year. The advertising job is to cut down the number of years, possibly to seven instead of eight, thus increasing the number of prospects by a half-million a year. And Mohawk estimates that a million persons hear its program. Renewal of Five Stations In Los Angeles Advised By Commissioner Brown FIVE radio stations in the Los Angeles area, cited for special license renewal hearing there last April before FCC Commissioner Thad H. Brown because of doubtful programs and other alleged violations of regulations, were recommended for regular license renewals in Col. Brown's report to the Broadcast Division July 19. The stations are KGFJ. KFWB, KMPC, KRKD and KIEV. All were cited in connection with the account of the Alhambra Electronic Institute, whose business manager and radio continuity writer, Fred Bezuzi, was said to have been found guilty of violating the state medical act in offering diagnoses and cures through a vibrator machine. Col. Brown branded the machine as questionable and held it is inherent in a station's right to operate that it examine the propriety of advertising matter carefully. Several of the stations were also called to task for failure to record in their logs the political affiliations of speakers who broadcast political talks. Col. Brown held, however, that the general program character of each of the stations, their quick cancelling of the "electronic institute" account and their disposition to avoid similar pitfalls in the future warranted their license renewals. He also recommended a daytime power increase for KFWB to 5,000 watts. No Chevrolet Football BECAUSE of its earlier announcement date for new models this year, Chevrolet will do no football broadcasting this fall, reports Campbell-Ewald Co., Detroit, its agency. The account is now using an NBC network for its "G-Men" series, as well as a renewal of WBS thrice-weekly 15-minute discs on about 300 stations. WMCA, WSMB Get License Renewals Absolved by FCC After Thej Dropped Certain Accounts ONE MORE station has beef dropped from the list of thosJ cited for hearing before the FCC| for carrying the Marmola account the Broadcast Division on July 2 deciding that WSMB, New Orleans/) need not go to hearing. Not onlyi had the station dropped the anti-1 fat remedy program, it was said.; but the division ruled that this wafi only an "isolated" program among the otherwise high-quality programs carried by the station. At the same time the Broadcast Division also granted a regular re-' newal of license to WMCA, Newj York, recently cited for hearing for carrying programs sponsored by Birconjel, a medicated ielly. %■ was found, as a result of the hear-< ing July 1, that the program wail the only one against which thl FCC had any complaint and that il was immediately dropped whea cited by the FCC. Easing the Strain COMMISSION counsel are nod preparing their formal "statement of facts and grounds for decision'! in the WMCA case, which will bej issued when the license renewal) order becomes effective Aug. 6. id was indicated that a "reprimand"! to WMCA will be included in thd statement. The Broadcast Division's actio™ in dropping its proceedings againsi 17 of the 21 stations originally] cited for carrying Marmola, anJ against WMCA, eases somewhal further the anxiety of broadcaster! over possible citations for carrying medical accounts. On the othen hand, four stations still face heain ings Oct. 3 on Marmola (WTMJJ KFRC, KMBC and KNX) and! Commission counsel pointed oulJ that 99 stations are still undel temporary licenses while certain o{ their programs are under scrutiny, It was learned that one of the four other stations cited on account of Marmola, which was not named, was about to secure its regular license renewal along with WSMB when it was brought to the atten tion of the Commission that it was carrying other questionable programs, including the advertising of an alleged diabetic cure. There upon the commissioners decided to keep it on the Oct. 3 hearing docket. Lewis Named by CBS W. B. LEWIS, formerly a member of the firm of Lewis & Clark Advertising Agency, has been appointed commercial program direc tor of CBS. Henry Hayward is continuing as supervisor of the network's program department Prior to formation of the Lewis & Clark agency, which has suspended operations, Lewis was with Badger, Browning & Hersey Inc. and J. Walter Thompson Co. VIRGIL EVANS, operator of WSPA, Spartanburg, S. C, is being mentioned as a possible candidate for U. S. Senator in the elec-j tions next year as an opponent of Senator Byrnes on the power issue. BROADCASTING • August 1, 1935 j