Broadcasting (Jan - Dec 1935)

MEDICAL ACCOUNTS ON THE AIR Good Taste the Criterion, Declares Miss MacRorie, Pointing Out a Solution of Problem Reallocation Plea OfWLWL Is Heard FCC Resumes Case Involving Clear Channel Assignments CLIMAXING one of the most vigorous political lobbies for broadcasting facilities ever witnessed, WLWL, New Yerk, operated by the Paulist Fathers, resumed its presentation of testimony before the FCC Broadcast Division en banc Oct. 24 in support of its petition for a "junior reallocation" which would affect the assignments of nine stations on five clear channels and result in the breaking down of two. Now operating the equivalent of two hours per day, the station seeks full-time simultaneous operation on the 850 kc. clear channel, assigned to WWL, operated by Loyola University, New Orleans, also a Catholic institution. To effect this, the other station and channel shifts are sought. The hearing was begun last June, but after two days it was recessed until Oct. 24. It appeared likely that it would run for a week or ten days, since about a score of stations out of approximately 60 notified by the FCC of the hearing plan to participte. Principal stations involved were prepared to offer numerous witnesses in opposition to the far-reaching proposal. Coverage Questions IN RESUMING the WLWL case, George 0. Sutton, counsel for the Paulists, placed on the stand a number of priests in support of the application for the full-time assignment, with 5,000 watts on what is now a clear channel. He also introduced engineering evidence of three engineers to support the contention that, with the use of a directional antenna, there would be no substantial losses in coverage. Mr. Sutton, through testimony of one physician and other witnesses, attacked medical programs broadcast over WWL, which is operated by a Jesuit institution, as well as over other opposing stations. He apparently took his cue from the so-called Marmola hearings before the Broadcast Division earlier in the month. Opposing counsel protested against introduction of this evidence on the ground that programs were not at issue and because no notice was given that programs would be considered. The Division, however, reserved ruling as to admissability. Among the engineers who testified in behalf of WLWL, were T. A. M. Craven, of Washington, and Paul Godley, of Montcair, N. J. Comdr. Craven expressed the view that it was technically desirable to reduce the number of clear channels. Appearing in outright opposition to the Paulist petition are WNYC, New York, municipallyowned station which would be shifted in assignment, represented by Herman McCarthy, attorney on Mayor LaGuardia's staff; WWL, represented by Paul M. Segal; WFAA and WBAP, Dallas Fort Worth, represented by Ben S. Fisher; WHAS, Louisville, represented by Swager Sherley, and WOV, New York, represented by Horace L. Lohnes. The Paulist Fathers have sought RADIO, being a guest in the home and welcome only so long as it respects the feelings of its host, must use the yardstick of decency and common sense in medical advertising, Janet MacRorie, editor, NBC continuity acceptance department, told the United Medicine Manufacturers' Association, which met recently in New York. Being a flexible medium, radio has a wealth of advertising potentialities to offer the advertiser, she said. "Let your commercial credits be brief and stimulating, the rest of your program swiftmoving and sparkling, and your radio advertisement investment will bring you results that you will find entirely satisfactory," she told the association. In giving an outline of the methods used by NBC in editing medical continuities, Miss MacRorie gave a thorough analysis of the whole question of medical advertising. As To Symptoms "FIRST let us consider the question of 'symptoms'," she said. "I do not need to tell you for it has been brought home to you by regulatory bodies having jurisdiction of such matters that a competent treatment for symptoms should not be represented as a competent treatment for the ailment or cause that produces the symptom. If we are not to mislead the public, symptoms must be handled carefully. A headache and a sore throat may indicate a common cold or they may indicate scarlet fever. The descriptions of symptoms in this case should read headache and throat irritation due to a common cold. "In the wide field of products designed to counteract acidity, care should be taken in describing symptoms. The person listening to the commercial credits of such products may be analyzing correctly the source of his distress but there is always the danger that he may be mistaken. Therefore, the broadcasting station must review very carefully descriptions of symptoms and the phraseology used in the descriptions. "The temptation to extend the usefulness of his product is one that few medicine manufacturers seem able to resist. Salines, for instance, generally start their careers as laxatives— soon they are recommended for keeping the liver and kidneys up to scratch. Then, frequently, they become agents for routing the cause of rheumatism, neuritis and allied ailments and finally they become the panacea for nearly all human ills. "In this age of high specialization to advertise a product as a cure-all seems to be poor psychology. The credulity of the listener is taxed when asked to believe that the same pill or powder will cor repeatedly to obtain improved facilities without avail. They were largely responsible for the provision in the Communications Act of 1934 that the FCC make an investigation of the advisability of allocating facilities to educational, religious and other non-profit institutions. rect his indigestion, relieve him of headache, rid him of common colds, make him fat, make him thin, keep him young and permit him to be a jolly good fellow at least five nights out of seven, sing Sweet Adeline on the street corner at four A. M. for one dash of good old cure-all at rising time and he's over the hang-over in one flying leap. Alarmist Copy "I HAVE SAID it taxes the credulity of the listener, it also taxes the credulity of the broadcasting station and we ask to have the lines tightened — a rein put on the flight of possibilities and to keep those representations to that which can be sustained by available positive proof. "The season of 'the Gobelins will get you if you don't watch out' is upon us. The Gobelins being often the common cold or the system undermined from lack of sunshine or indoor living incident to the winter season. "The power of suggestion is well-known and sensible advice against infection is valuable. However, out and out alarmist copy is unfair. It is unfair to terrorize the public into the buying of a product by painting in gloomy and sensational terms the high mortality rate due to this or that disease. "Now we come to the rock on which most often the broadcasting station splits with the sponsor of a medical product — good taste. The enthusiasm of the manufacturer is natural because he lives so close to his subject he is apt to forget the light in which the majority of people view the discussion of its usefulness. Terms that to the manufacturer are every-day terms of the trade may to the public spell something entirely different; may conjure up in the minds of the listener visions so distasteful, so abhorrent to the general rules of good taste that the listener is tempted to strike the program off his radio list." Health O'Quality Cited HEALTH O'QUALITY PRODUCTS Co., Cincinnati (cosmetics, extracts), is charged with unfair methods of conducting prize contests in an advertising campaign, in a complaint isued Oct. 25 by the Federal Trade Commission. The complaint alleges the company has falsely created the impression that a certain final or grand prize would be given the person sending in the best answer to a question and that there was nothing else for a contestant to do than send in the best answer. It is claimed that only a preliminary prize is awarded and that a great deal more must be done to win the final or grand prize. The respondent is given until Nov. 29 to show cause why an order to cease and desist should not be issued. AMERICAN SAFETY RAZOR Corp., Brooklyn, is charged with price discrimination in a complaint issued by the Federal Trade Commission. Dr. G. W. Hoover Begins Consulting Service on Food and Drug Accounts TO AID radio station managers in the selection of food, drugs and cosmetics accounts and the scrutiny of advertising continuities, Dr. George W. Hoover, M.D., formerly chief of drug control of the Department of Agriculture, now a consultant with offices in the Shoreham Bldg., Washington, has announced the extension of his practice to embrace the radio field. Dr. Hoover for the last eight years has been consultant for drug and food manufacturers and advertisers on labels, advertising, formulas and technical control of drugs, medicines and foods subject to the requirements of federal and state laws. Dr. Hoover's standing in his field has been investigated by Broadcasting and found to be of the highest. Until eight years ago, when he entered private specialized consulting practice, he was with the U. S. Food and Drug Administration, joining it 20 years earlier under Dr Harvey Wiley. In addition to serving as chief of drug control, he has been chief of its Chicago station and chief of its central food and drug inspection district. Three New 100watt ers Are Authorized by FCC THREE new broadcasting stations in the local category were announced Oct. 22 by the Broadcast Division of the FCC. Sustaining Examiner P. W. Seward, the FCC granted the application of the Pacific Acceptance Corp., for a station in San Diego, to operate on 1200 kc. with 100 watts, daytime. The order becomes effective Dec. 10. At its Oct. 22 meeting, the FCC announced also that it had ratified the grants of new stations made on Oct. 11 in Nashville and Evansville, Ind. It granted the application of the Nashville Broadcasting Corp., for a new station on 1370 kc. with 100 watts unlimited time, sustaining Examiner G. H. Hill. Also sustaining the same examiner, it granted the application of Evansville on the Air Inc., for a station in that city for an assignment identical with that in Nashville. Simultaneously, the FCC ratified an action taken Oct. 11 authorizing WSIX, Springfield, Tenn., to move its transmitter to Nashville. The station operates on 1210 kc. with 100 watts, unlimited time. Heretofore Nashville has had only two stations— WSM and WLAC. Sustaining Examiner Seward, the FCC authorized KIEM, Eureka, Cal., to change frequency from 1210 to 1450 kc, and to increase its power from 100 to 500 watts, with unlimited time. The order becomes effective Dec. 3. Voluntary assignment of the license of WJTL, Atlanta, from Oglethorpe University to J. W. Woodruff and S. A. Cisler, also was approved, after a lapse of several months. KDKA, Pittsburgh, used the police teletype networks recently to announce that it would broadcast the annual police shooting contest. Page 26 BROADCASTING • November I, 1935