Broadcasting (Jan - Dec 1935)

Campaign to Cool Congress Agitators Reformers and Agitators to Be Active But More Vital Questions Are Likely to Keep Congress Occupied A RADIO legislative calendar gleefully supported by the professional reformers and agitators and the various elements fostering government control of broadcasting awaits the second session of the 74th Congress that convenes in Washington in a fortnight. Despite many predictions in the radio "hot stove league", that dire things will happen at the next session there seems little substance to warrant any such conclusions. Ever since the last session adjourned in August there has been talk of a sweeping investigation of broadcasting, the FCC and everything that goes with it. Yet there appears to be no basis for such speculation. Political oratory aplenty about radio can be expected at the coming session, mainly because the subject lends itself to that sort of display. The fact that next year is a campaign year, however, will have a cooling effect insofar as investigations are concerned, according to observers. Moreover, the session will be so engrossed in neutrality, war shipments, government economics, relief, soldier's bonus, and similar matters relating to economics, that little time will be available for what most legislators construe as relativelv minor matters. Pending Measures THERE are two measures pending before Congress having to do with government ownership. Both are so visionary and unsound that the may be expected to die within committees as have scores of kindred measures introduced in previous sessions. Unless there are developments of unexpected proportions dealing with broadcasting, there appears to be little real basis for any view that serious consideration will be given to radical proposals for materially changing the status quo in broadcasting. Food and drug legislation, which probably will be called the Copeland Bill (S-5) but which will be far different in both provision and effect from the original TugwellCopeland Bill of two years a probably will pass. Alreadv passed by the Senate after a hectic two years of consideration and emasculation, the bill now is pending before a subcommittee of the House Interstate Commerce Committee and is labeled for early passage. Rep. Chapman (D) of Kentucky, chairman of the subcommittee which conducted hearings on the bill last session, asserted that the bill will be one of the first pieces of business to be accomplished. The purpose is to place the sale and advertising of foods, drugs, devices and cosmetics under more stringent regulation. As passed by the Senate, the bill would give the Department of Agriculture full jurisdiction over the new law. This was oppose ' vigorously by the Trade Commission and by certain of the affected industries. Broadcasting is vitally interested because perhaps 259', r ' its business, almost 825,000,000, comes from the industries that would be placed under the more rigid terms of the bill. Rep. Chapman declared that before his subcommittee reports the bill it will make one important change in its terms, but he said he could not divulge it until his committee holds another meeting after the new session convenes. Indications are that this change will propose transfer of control from the Department of Agriculture to the Trade Commission. The Italo-Ethiopian war and the unsettled conditions in Europe and Asia may lead to some discussion as to the part radio plays in this picture. The broad powers over radio invested in the President in time of national emergency may possibly lead to legislation clarifying this situation. Affecting the radio pocketbook also is the pending Duffy Bill (S3047) to amend the copyright laws of 1909, and which would strip ASCAP of the arbitrary powers it has held in demanding and getting its tribute from all public performers of music. The bill was passed by the Senate in July and now is pending before the House Patents Committee. It is being fought with vigor by ASCAP and its cohort organizations. The bill provides for elimination of the arbitrary minimum penalty of $250 per number for innocent infringements, and leaves the amount of damages to the discretion of the court. It also provides for automatic copyright of composer's works and would allow American entry into the International Copyright Union. It has the united support in its present form of the State Department, broadcasting industry, motion picture exhibitors, hotel operators and other users of copyright who have felt the sting of ASCAP's demands. Among the illusory measures in(Continued on page 56) STATUS OF BILLS AFFECTING BROADCASTING As Congress Adjourned on Aug. 26, 1935 (All bills remain on legislative calendar) S-5 — Copeland Bill to regulate manufacture, sale and advertising of food, drugs, devices and cosmetics, passed by Senate, and pending before House Interstate and Foreign Commerce Committee. S-3047 — Duffy Bill to amend the Copyright Act of 1909, and afford new protections for users of copyrights, including broadcasting, by stripping ASCAP of arbitrary powers, passed by Senate, and pending before House Patents Committee. S-541 — Capper Bill (Culkin Bill, HR-8404. companion measure in House) to prohibit advertising of intoxicating liquors in interstate commerce including broadcasting, pending before Senate Interstate Commerce Committee. House measure pending before Interstate and foreign Commerce Committee. S-820 — Xeely Bill to force losing applicants in contests over existing radio stations to pay full costs of proceedings, pending before Interstate Commerce Committee. S-2243 — Wheeler Bill carrying out recommendations of FCC that Davis Equalization Amendment on Broadcast allocations be repealed, and that allocations be left to discretion of FCC, pending before Interstate Commerce Committee. S-3261— Walsh Bill (McKeough Bill, HR-8852, companion in House), to amend Communications Act by requiring State Department to approve all programs broadcast by or for foreign governments, pending before Interstate Commerce committees of two houses. S-4 — Copeland, Vandenberg and Murphy bill, to prevent promotion of fraud through interstate commerce, pending before Commerce Committee. HR-55 — Rudd Bill to allocate one-fourth of all broadcasting facilities to non-profit organizations, pending before House Interstate Commerce Committee. HR-S475 — Monaghan bill to create government broadcasting network and set up Radio Commission to operate system and otherwise regulate broadcasting, pending before House Interstate Commerce Committee. HR-3252 — -Sauthoff bill to prohibit use of mails, periodicals and broadcasting stations to advertising loans for which interest in excess of 15% per year is charged, pending before House Postoffice Committee. HR-197 — Buckee bill to prohibit untrue, deceptive, or misleading advertising through mails or in interstate commerce, pending before Interstate and Foreign Commerce Committee. HR-S9S0 — McCormack bill to allow ships to pick up radio news reports, pending before Interstate and Foreign Commerce Committee. HJRes-220 — Sirovich resolution to establish an executive department, to be known as Department of Science, Art and Literature, hearings held before House Patents Committee, but no report issued. Scott Bills and Resolution (HR-9229, 9230 and 9231 and H Res-370) to amend the Communications Act with respect to political broadcasts, censorship and broadcasters' liability for utterances, and to set up a Broadcasting Research Commission to investigate the industry and the proposals of outside groups for facilities. Petitions presented by a number of Senators requesting that publication of testimony at FCC hearings on broadcasting be at government expense, pending before Senate Interstate Commerce Committee. CBS and Pacific Station Salute KGMB, Honolul In Dedicating New Pla MODERN every detail, in microphone to ; tenna, KGM Honolulu, de cated its new s tion Dec. 14 w a gala progra including int changes wi CBS, with wh Mr. Hart jt is affiliat. and with stations along the Pac < Coast. Studios, offices and transmit of the station are housed in" picturesque building of Hawaii architectural design, made aim entirely of a sugar cane deritive. New equipment includes RCA transmitter, Blaw-Knox v tical radiator, RCA microphoi and speech input equipment. 1 ground system of the antenna tually reaches ocean water. The station is headed by Fred Hart, San Francisco broadcast who formerly owned KQW, S Jose. The resident manager Webley Edwards. J. Howard W rail, former executive of a lai pineapple company, recently job the KGMB staff as business i personnel manager. To augment the s e rv i c e KGMB, a new full-time 100-w station now is being built by Honolulu Broadcasting Co. at H on the island of Hawaii, 200 mi from Honolulu. The station will ready for operation early next ye WBSO Sale Approved TRANSFER of control of WBJ Needham, Mass., from the Bab; Statistical Organization to a grc of Boston individuals — two whom were salesmen on WNAC was approved Dec. 3 by the F Broadcast Division. In so doi. the Division reconsidered a granted the application for tra fer of control without a heari The individuals are George Crockwell, who acquired -I shares, William H. Eynon i James K. Phelan, who acquired each. The latter two were forme with WNAC. Their financial baa was named as Natalie S. Whitw of the Victoria Hotel, Boston. Tl stated they purchased the stat solely for themselves and had idea of "selling to anyone els New One in St. Paul REJECTING the counter appli tions of the operators of KS and WDGY, and also the appli' tion of Rev. Robert E. Connely, seeking authority to erect a i 100-watt station in St. Paul 1370 kc, the FCC Broadcast vision on Dec. 3 granted Edw; Hoffman, St. Paul furniture d< er, authority to install such a s tion. Examiner Dalberg had l ommended in favor of Hoffman ; against the applications of others. The order is made efi tive as of Feb. 4, 1936. KPDN are the call letters assig for the new 100-watt station thorized by the FCC for consti tion by the Pampa (Tex.) Dt News. Page 12 BROADCASTING • December 15, 19.