Broadcasting Telecasting (Oct - Dec 1952)

WNDR SUES New house Interests Named in Suit WNDR Syracuse filed a $1,088,112 damage suit last week against Samuel I. Newhouse, his WSYR-AM-FM-TV Syracuse, and two local Newhouse newspapers, charging they had "engaged in a combination and conspiracy in unreasonable restraint" of interstate commerce in an effort to put WNDR out of — — — — — business. Mr. Newhouse promptly replied in a statement that the suit's charges were "wholly without foundation" and that "the liveliest kind of competition" exists among Syracuse radio stations and newspapers. WNDR's suit, filed Monday in Federal District Court in Utica, charged that Mr. Newhouse tried to buy WNDR in June and July 1947 for about $475,000 and that he warned in effect that if the owners didn't sell, then "the plaintiff [WNDR] would end in bankruptcy; that it could not survive in competition with said newspapers owned and controlled by him, and that he was in a position to make it very difficult for plaintiff to successfully operate. . . ." In July 1947, the complaint noted, Mr. Newhouse contracted to buy WSYR for $1.2 million. Since that time, the suit charges, WNDR's fair market value has dropped from $750,000 to not more than $75,000 "as a result of the acts of defendants," while it has suffered $163,112 in operating losses and "has been precluded from earning profits of at least $250,000." News Distortion Alleged WNDR charged that Mr. Newhouse's Syracuse papers, the Herald-Journal and Post Standard, have published "false, misleading and distorted" news items about WNDR while publicizing WSYR "with items of little or no public interest"; failed to associate WNDR personnel with the station in news stories except when the publicity was "unfavorable or undesirable," and failed to report changes in WNDR personnel; that the defendants "from time to time . . . have falsely and maliciously represented to [WNDR] advertisers and potential advertisers" that the station was going out of business, was bankrupt, or was unable to fulfill its contracts; that "unethical and false items" were published relating to "litigation in which plaintiff was engaged with creditors"; that potential advertisers on WSYR had been granted free ads in the newspapers; and that some advertisers have been refused space in the papers unless they advertised with WSYR. Among the results claimed by WNDR were "to compel advertisers to refrain from advertising" with WNDR, and "to irreparably injure [WNDR] and to destroy its business. . . ." WNDR's suit was filed in the name of Syracuse Broadcasting Corp., the licensee. Arthur C. Kyle Jr. is general manager. Mr. Newhouse, in a statement issued Tuesday, asserted that "the charges made by the Syracuse Broadcasting Corp., owner of WNDR, in the broadside suit filed in Utica are wholly without foundation. WNDR as well as the other radio stations in Syracuse have been operating in a radio-crowded field." The statement continued: In addition to the WSYR stations there are three other radio stations besides WNDR. These are WOLF, WAGE and WFBL. There is also WHEN-TV, the CBS Television outlet. Far from being a monopoly, the radio field in Syracuse is, in fact, wide open. The Syracuse newspapers have operated on a basis of friendly relations with all of these stations. The "Herald Journal" furnishes news broadcasts without cost to WOLF, a completely independent station. The election returns services of the "PostStandard" were offered on election day to all radio and television stations gratis. WHEN-TV and WAGE took advantage of this offer. WNDR did not but it could have if it so desired. The daily listings of programs of all local radio stations including WNDR, are published without charge in the "Herald-Journal" and the "PostStandard" together with highlights, columns on the day's offerings, including WNDR. Contrary to the claims of WNDR there is the liveliest kind of competition between the "Herald-Journal," and the "Post-Standard" and WSYR as well as generally among the newspapers and radio and television stations in Syracuse. It is no secret that WNDR has had financial problems. This may be unfortunate, but a lawsuit based on unfounded charges is not the solution. Radio 'Coverage' CONTEST promoting wearing of hats among Ivy League collegians, backed by 540 radio spots in college communities in conjunction with clothing store tie-ins, was pronounced a success by the Frank H. Lee Co., hat manufacturers of Danbury, Conn. Students were awarded cash prizes for writing sample radio commercials on hatwearing among college men. Contest was accompanied by a survey in the communities around Princeton, Harvard, Yale, Cornell, Pennsylvania and Dartmouth, which indicated college men bought an average of 24% more hats during the past fall than during fall of 1951. The hat firm announced plans to extend the contest to other schools. FRANCES VELTHUYS, Compton Adv., surrenders her gold key in exchange for two complimentary drinks at Bermuda's Elbow Beach Surf Club. Key is souvenir of Westinghouse Radio Stations' "Shangri-La" trip to Bermuda two years ago [B»T, Dec. 18, 1950]. G. W. Gentry (r), club's assistant to the general manager, presides. Bartender is Keith Tucker, who served the ShangriLa group. Petry Booklet TV DIVISION of Edward Petry & Co., station representation firm, last week re-issued its presentation on "Sure-Fire Sales Formula — Women Selling Women, Through Television." The presentation has been revised to reflect development since its May 1951 report, which a Petry company spokesman said is still drawing requests for 25 to 30 copies a week. Booklets cite commercial advantages of women's TV particiption shows, analyzes the housewife's role as "the country's purchasing agent," and in new data on New York TV programming by categories, shows women's interest programs running second only to feature films in number of quarter-hours telecast. CO-OPS URGED Be Wise, Use Radio COOPERATIVES, often viewed as vigorous opponents of commercial advertising, would benefit from the use of radio. This is recommended by Edgar T. Carter, columnist of the Pacific Northwest Cooperator, writing in the November issue. The Cooperator published by the Pacific Supply Cooperative, has a circulations of about 65,000 in four Pacific Northwest states. The columnist quotes Broadcasting • Telecasting on the costs of operating a TV station and concludes : If nothing else, these facts obviously indicate that the public is terrifically interested in radio listening and looking. Co-ops which wish to thrive and grow — be progressive— will accordingly be wise to consider radio in their advertising budget. Farm co-operatives, being the very essence of good will organizations in the field of business as they are, will find radio a natural medium to carry sales messages into the home of potential customers. The fable concerning 'The Better Mouse Trap' is a fallacy. Unless augmented with a bit of well-placed advertising, that is — and then OH MAMMY! Dec. 1-2: MBS Affiliate meeting, Atlanta. Dec. 1-3: National Assn. of Radio News Directors convention, Cleveland. Dec. 3: NARTB full Board of Directors, Washington, D. C. Dec. 3-4: Southeastern Television Conference, under WBTV (TV) auspices, Charlotte, N. C. Dec. 3-4: House Commerce subcommittee resumes investigation of radio-TV programs, New House Office Bldg., Washington. Dec. 4: NARTB Radio Board of Directors, Washington, D. C. Dec. 4-5: MBS Affiliate meeting, Biloxi, Miss. Dec. 5-6: Educational TV conference, Indiana U., Bloomington, Ind. Dec. 8-9: NARTB TV Board, Cat Cay, Florida. Dec. 8-9 : MBS Affiliate meeting, Dallas. Dec. 27-29: American Marketing Assn., conference, Palmer House, Chicago. 1953 Jan. 3: 83rd Congress convenes, Washington, D. C. Jan. 9-10: South Carolina Broadcasters Assn. annual meeting, Francis Marion Hotel, Charleston, S. C. Jan. 26: Theatre TV allocation hearing, Washington. Jan. 26-27: NARTB Copyright Committee, NARTB Hdqrs., Washington. Feb. 5-7: Southwestern I.R.E. Conference & Electronics Show, Plaza Hotel, San Antonio. April 18: Seventh Annual Spring Technical Conference, Cincinnati. April 29-May 2: NARTB Convention, Biltmore Hotel, Los Angeles. RADIO-TV EXHIBIT Highlights Phila. Show THIRTY years progress in communications was outlined at the radio and television center exhibit set up at the "Made in Greater Philadelphia Show," sponsored by the Junior Chamber of Commerce at the Commercial Museum. Early radio-TV equipment used in the city was contrasted with today's models at the show's weeklong exhibit. Broadcasts of local shows direct from the museum were highlights as well as personal appearances of local performers. Stations participating in the radio and TV center were WPEN WHAT WD AS KYW WPTZ(TV) WFIL WFIL-TV WCAU and WCAU-TV. Page 36 • December 1, 1952 BROADCASTING • Telecasting