Broadcasting Telecasting (Jan-Mar 1956)

AD PROTESTS lucky if he even sees the advertised vacuum cleaner, and if he does, he is made aware of its junky features and persuaded that the $125 vacuum cleaner (with a $30 down payment) is the one he should buy . . . "Are radio stations setting themselves apart in neglecting to check more carefully into these types of commercial ads? In the event of such derelictions, I believe it is the Commission's duty not only to take cognizance of the situation but to insist upon the elimination of such practices as a condition to renewal, on certain cases to refuse to renew the license. . . ." Comr. Doerfer took a different approach — but it was down the same alley. In discussing his opposition to the second renewal, he charged that the station had failed to include any religious, educational or discussion programs. He added: "In this case, the program format indicates the sole desire to use the station for the purpose of making every possible dollar that time on the air will permit." Stations cited for so-called "program imbalance" have uniformly resisted the FCC's contentions. In most instances they have pointed out that the FCC's definitions of what constitutes "public service" or religious or educational programming are arbitrary and too narrow. Moreover, they have argued that, with so many stations in major markets, the trend is toward specialization, and that the public can get any kind of programming it prefers from one or more outlets. Rep. John W. Heselton (R-Mass.) was even more stringent in a speech on the floor of the House last month [B*T, Jan. 23]. After chiding the FCC for failing to support his bill (the FCC has maintained that it is precluded from exercising any control over broadcast content, except to weigh overall program balance and public interest at renewal time), the Massachusetts Republican cited: ". . . countless examples of incessant and monotonous abuse of the listening and viewing public which is basically a combination of flagrant bad taste and arrogant indifference." Those responsible, he added, seem to be "completely unconcerned about the fact that they use the air waves only by sufferance." That program imbalance has caught the eye of the FCC has been evident in recent months. At the moment 21 radio stations have not had their licenses renewed pending further consideration of their program structure. They are: Iowa— KWBG Boone, KPIG Cedar Rapids, KSWI Council Bluffs and KCBC Des Moines; Illinois— WIND, WGES, WEDC, WCFL and WBBM, all Chicago, and WHFC Cicero, WMOK Metropolis, WPEO Peoria and WKRS Waukegan; Wisconsin — WATK Antigo, WAPL Appleton, WBEV Beaver Dam, WGEZ Beloit. WEAU Eau Claire, WEMP Milwaukee, WOKW Sturgeon Bay and WHVF Wausau. At issue in these cases is the alleged lack, or relatively minute quantity, of educational, agricultural or religious programs. The observing will note that all of these are midwestern outlets. That is just happenstance. The Commission calls up stations by regions at lenewal time. What about this so-called groundswell? Is it really an outpouring from the public? The FCC's own figures do not bear this out. In the month of October 1955, the FCC received 11 complaints about radio advertising (there are always a number protesting the advertising of alcoholic beverages; these have ranged from six to 85 per month in the OctoberJanuary period). In November 1955, there were 14 advertising complaints. In December 1955 there were 21 CROSS-EXAMINATION FCC's contention that it has no power over excessive or fraudulent advertising on the air except through revocation, has not satisfied Sen. Magnuson. Last week he handed FCC Chairman McConnaughey some citations — asking that the Commission answers be submitted as soon as possible. These were the questions: "Q. Don't you, in fact, have the power to order him [the broadcaster] to cease and desist from objectionable practices under 312(b) of the Act? "Q. Don't you have responsibility for referring to United States Attorneys information as to possible violations of 18 U. S. Code 1343 (fraud by wire, radio or television)? "Q. Do you have any staff personnel charged with checking advertising and alerting you of cases requiring action in line with the statutory powers and responsibilities?" Sen. Magnuson also asked that the FCC submit a written statement on its policies regarding advertising based on questions asked at the hearing earlier this month. Mr. McConnaughey said that a reply would be supplied. such complaints. And in January there were 18. What are these complaints about? Here are the categories: Excessive, failing to receive merchandise or refunds on money-back guarantees, false and misleading and offensive. So far there is no crusade to force the FCC to take over jurisdiction on commercials (except by Rep. Heselton). So far the cries against the pitchman, the bait-and-switch commercial, the repetitious spot, the frenetic sell have been more in the nature of warnings — of pleadings to broadcasters to sweep out their own stables. Whether it will go further is a big question mark. The groundswell — from government officials and legislators — has been started. LEE'S 7-POINT PLAN FOR AD STANDARDS A SEVEN-POINT program to raise the standards of radio and tv advertising was submitted to members of the Radio & Television Executives Society in New York last week by FCC Comr. Robert E. Lee (also see story page 84). Warning that continued excesses will bring the wrath of Congress down on broadcasters — resulting in regulation — the FCC Commissioner urged that salesmen and timebuyers observe limits in their commercial messages and use of the broadcast medium. "What I am suggesting," Mr. Lee said, "is that the number of viewers ought not to be the sole consideration. Real thought should be given to impact. ... If you are selling Bibles why program to 10,000 atheists if you have a choice of 1.000 churchgoers?" Mr. Lee continued: "Are we perhaps developing a philosophy where we are comfortably relaxed in the thought that a message delivered is a mission accomplished? ... Is that third spot really making money, or is it driving the commercial-punchy listener to throw the switch?" Objectionable advertising, Mr. Lee declared, leads to loss of confidence in the medium as well as sales resistance to the product. These "malefactors" are a small minority, Mr. Lee observed, but they threaten the "proper function of advertising as a useful agent in our economy." Among the practices which Mr. Lee con demned were (1) advertising merchandise not intended to be sold, (2) belittling advertised merchandise in order to switch customers to other items, (3) limited merchandise available to meet an advertised sale, (4) advertising of "loss leaders," and (5) saturation of a program with an "inordinate" number of spots "inordinately" lengthy. In discussing the FCC's position with regard to advertising excesses, Mr. Lee said that the Commission has "leaned over backward in putting a liberal interpretation" on the station's operation in the public interest, convenience and necessity. "However, our mail appears to indicate that an aroused public may not be as tolerant," Mr. Lee said. Here are the steps Mr. Lee suggested should be taken to meet this responsibility: 1. Establish and maintain high standards in your respective professions and encourage others to join you. 2. Refuse to exert pressure that will contribute to the lowering of good standards such as overcommercialization — triple and quadruple spotting— the wrong product at the wrong time, etc. 3. Avoid sanctions against stations which object to the acceptance of undesirable programs for presentation at the wrong time or for any other legitimate reason. 4. Encourage and reward the good operator of a station whenever possible by favoring him over the sharpshooter who will accept any type of questionable business to make a fast buck. 5. Remember that continual vigilance and self-regulation are the prices we pay for the privilege of operating our business with a minimum of government regulation. 6. Work with your copy departments to suggest better ways of handling radio and television commercials. Suggest to media and copy heads better ways of reaching the "right" audience at the "right" times, by altering or changing a copy theme, or length of commercials, etc. (Don't just be passive about this; take the initiative.) 7. Think sometimes (and encourage others to do so) of the quality of an audience to your commercials, rather than just the size of that audience. McConnaughey asks industry war on false ads AFTER commending NARTB for its radio and tv codes in a speech before the first State Associations Presidents conference in Washington last week, FCC Chairman George C. McConnaughey said Congress is showing "a live interest" in over-commercialism and called on NARTB's conference of state association presidents to join "a vigorous effort to bring about closer conformity in code principles and industry practices." He said it would be "a grave misfortune if this is not accomplished without the participation of the Federal Government." Chairman McConnaughey said the FCC "shares the concern of Congress" in advertising trends, explaining that broadcasters can't escape responsibility on the ground that sponsors and agencies determine advertising content. He urged an immediate effort to bring these "unconscionable advertisers" in line with code provisions. Noting a trend toward more and more short spot announcements, he said there is danger that listeners and viewers will be "engulfed — -victimized instead of served." He voiced the hope that broadcasters individually and cooperatively will "rectify imbalances." He said FCC is on record against legislation imposing controls on programming on the ground it would border on censorship. Page 32 • February 27, 1956 Broadcasting • Telecasting