Broadcasting Telecasting (Oct-Dec 1957)

STATIONS PA. STATIONS FACE BLUE LAW BANS • Broadcasters face possible action for Sunday operation • Two Allentown outlets take opposite stands on ad copy The Commonwealth of Pennsylvania last week started to shape the pattern of 1957-58 business along the lines of its Blue Laws, first enacted in 1794. Retail and advertising enterprises are affected directly by a complaint by the state Attorney General, asking the Dauphin County court to enjoin retail stores from opening on Sunday. The law exempts stores selling "the necessaries of life" on that day. At the moment, broadcasters in Allentown face possible legal action if they allow advertisers to use copy stating a store will be open on Sunday. If Blue Law enforcement were carried to an extreme, radio and tv stations might have to shutdown or at least defend their right to operate on Sunday. Last week a department store chain, Two Guys From Harrison, announced it would be open Dec. 22, although 77 of its employes have been arrested and some already convicted of violating the Blue Laws. A major outlet of the chain in Whitehall Township, two miles outside Allentown, has been open every Sunday. The Two Guys organization is the prime target of Allentown, Lehigh County and State law enforcement officers. But any local law enforcement official in the state is in a position to start padlocking business houses. The first broadcaster to take defensive action last week was Reuel H. Musselman, operating WSAN Allentown. He announced the station would not carry advertising copy promoting Sunday hours by stores not deemed to be handling "necessaries of life." Taking an opposite position was WKAP Allentown, which carries a schedule of 35 five-minute participating spots a week. WKAP carried Two Guys copy last week saying the store would be open Sunday. Harrington Adams, deputy Attorney General of Pennsylvania, told Broadcasting the complaint to be filed in Dauphin County was general in its language but was directed mainly at the Two Guys store. He said his office is not interested in shutting down radio or tv stations or newspapers. He refused to give any view on the WSAN position that broadcasting of copy dealing with Sunday store opening might be a conspiracy to violate a law. Sunday enforcement was arousing momentum in Dauphin County where Harrisburg, state capital, is located. Both county and city officials have indicated they will enforce the Blue Laws. Last week a score of employes of the Two Guys store outside Allentown were found guilty of working Dec. 8. Alderman Thomas Miller of Allentown sentenced them to pay $4 and costs or serve six days in jail. George Joseph, attorney for the store, announced he would fight the sentences. The text of Pennsylvania Public Law 872, Sec. 699.4, enacted in 1794 and re-enacted in 1939, follows: Whoever does or performs any worldly employment or business whatsoever on the Lord's Day, commonly called Sunday, works of necessity and charity excepted, or uses or practices any game hunting, shooting, sports or diversion whatsoever on the same day not authorized by law, shall upon conviction thereof in a summary proceeding be sentenced to pay a fine of $4 for the use of the Commonwealth or in default of the payment thereof shall suffer six days in prison. Nothing herein contained shall be construed to prohibit the dressing of victuals in private families, baking houses, lodging houses, inns and other houses of entertainment for the use of sojourners, travelers or strangers or to hinder water men from landing their oassengers, or ferrymen from carrying over the water travelers or persons removing with the r families on the Lord's Day, commonly called Sunday, nor to the delivery of milk or the necessaries of life before 9 of the clock in the forenoon nor after 5 of the clock in the afternoon of the same day. WAAF Chicago Tries New One: Spots That Are Barely Audible WAAF Chicago has devised a series of what may properly be called "Whispering Smith" spots — and they're generating considerable client and listener response. Late last month, the 1 kw daytime independent station conceived the idea of airing whispered commercials listeners could hear — perhaps not the first or second time on but certainly the third. Thomas L. Davis, WAAF general manager, describes the technique as "pseudo-psychological or pseudosubaudible." It has nothing to do with subliminal methods, he claims [Special Report. Dec. 2; Stations, Nov. 18]. WAAF currently is utilizing its technique 20 minutes after and 10 minutes before each hour. The pitch tells listeners . . . "WAAF — 950 on your dial," "Oklahoma Gas is best" or "Fresh up with Seven-Up." The commercials are whispered in three tone levels put on tape and aired within less than 60 seconds. The listeners are not apt to hear the first or second too clearly but are certain to catch the third, and, moreover, may even wait in expectancy. Mr. Davis described the method as a "new, low-pressure approach to selling ra dio" and as being still experimental. "If it sells and brings results," Mr. Davis said, "it will be adopted as a station policy." Already, the technique has brought in some 600-700 responses, most approving. Thus far, the pitches have been offered to Oklahoma Oil Co., a station client, without additional compensation, and to Seven-Up Bottlers of Chicago as a "come on" for new business. No schedule of rates has been worked out with Oklahoma's agency Maryland Adv., Chicago. Local Seven-Up account is handled by Guenther-Bradford Co., also Chicago. Capital Cities Tv Puts 52,000 Shares on Block Capital Cities Television Corp. (Lowell Thomas, Frank M. Smith, J. Floyd Fletcher and Harmon L. Duncan interests) has offered 52.000 shares of common stock on the public market. The $1 par value stock is offered at $5.75. The Capital Cities company owns WROW and WTEN (TV) Albany, N. Y. (formerly WCDA [TV]), WCDB (TV) Hagaman, N. Y., WCDC (TV) Adams, Mass., and WTVD (TV) Durham, N. C. All are or will be CBS affiliates. WTEN received FCC authority to operate temporarily on ch. 10 Vail Mills, N. Y. (an Albany suburb), pending the outcome of a comparative hearing for that vhf channel, which was assigned to the Albany area last year and reaffirmed this summer. Last week the Commission authorized the continuance of ch. 41 WCDA (TV) Albany as a dual operation with ch. 10 WTEN until Jan. 15 to maintain service until the kinks in the new ch. 10 are ironed out. Satellite ch. 29 WCDB has ceased operation. Satellite ch. 19 WCDC is being continued. The Commission also last week turned down a request by WVET-TV Rochester, N. Y., for a stay of the FCC's grant to WTEN to operate on ch. 10 in the Albany area pending the outcome of the hearing. WVET-TV is an applicant for the ch. 10 assignment. The merger of Hudson Valley Broadcast 1 . . JMjt M W I ' DRAWING near its early 1958 target date, KRSD-TV Rapid City, S. D., reports construction well along on its new plant. The one-story building started in September, will house studios of both the tv outlet and KRSD Radio. KRSD-TV will telecast on ch. 7 with 30 kw and is affiliated with NBC. It is owned by John and Harry Daniels of Deadwood, S. D., and Eli Daniels of Rapid City, who also have a permit for ch. 5 KDSJ-TV Deadwood. Page 56 December 23, 1957 Broadcasting