Education by Radio (1932)

EDUCATION BY RADIO VOLUME 2, NUMBER 6. FEBRUARY 11, 1932 Ohio Rises To Defend Its People IN AN ABLE, CLEARCUT, AND COURA¬ GEOUS brief Attorney General Gil¬ bert Bettman of Ohio has come to the defense of the Ohio State University radio station WEAO against the recom¬ mendations of the Federal Radio Com¬ mission’s Examiner Ralph W. Walker. This brief is worthy of your careful read¬ ing. It reveals a situation typical of the continued and persistent efforts of the federal government thru the Federal Radio Commission to encroach on the educational rights of the states. Isn’t it time for members of Congress to take a hand and call a halt? Federal Radio Commission Washington, D. C. Docket No. 1322 — In re application of Ohio State University [WEAO], Co¬ lumbus, Ohio, for renewal of license. Docket No. 1339 — In re application of WKBN Broadcasting Corporation [WKBN] Youngstown, Ohio, for re¬ newal of license. Motion to remand to an examiner for the introduction of additional evidence — Now comes the Ohio State University, station WEAO, by its attor¬ ney, Gilbert Bettman, attorney general of Ohio, and moves that the above-cap¬ tioned case be remanded to an examiner for the purpose of the introduction of additional evidence upon the following grounds: [1] An unavoidable accident on November 23, 1931, prevented the duly constituted attor¬ ney for the Ohio State University from person¬ ally appearing at the original hearing on November 24, 1931, and necessitated the employment of local counsel on the morning at the hour of the hearing, thereby precluding a presentation of WEAO’s case by an attorney who had had the opportunity to familiarize himself with and prepare his case. [2] Material and necessary evidence which is vital to a fair adjudication of the issue involved is not in the record and should be introduced to enable the rendition of a decision based upon the public interest, convenience, and necessity. [3] The issues involved are vital to the state of Ohio and every other institution of the na¬ tion interested in using radio to further the ends of national education and culture, and the Commission should accordingly have the bene¬ fit of a full and complete record of all material evidence. Respectfully submitted, [Signed] Gilbert Bettman, attorney general of Ohio, attorney for Ohio State University, station WEAO. January 25, 1932. Exceptions to Examiner’s Report No. 318 Present Assignments WEAO WKBN Frequency . 570 kc 570 kc Power . 750 watts 500 watts Hours of operation Sharing time Appearances: Gilbert Bettman, attorney general of Ohio, for WEAO. Paul D. P. Spearman, for WKBN. Hobart Newman, for the Commission. IT is rather for us to be here dedicated to the great task remaining before us — that from these honored dead we take increased devotion to that cause for which they gave the last full measure of devotion — that we here highly resolve that these dead shall not have died in vain — that this nation, under God, shall have a new birth of freedom — and that government of the people, by the people, for the people shall not perish from the earth. — Abraham Lincoln. Statement of the case — Station WEAO, owned and operated by the Ohio State Univer¬ sity, Columbus, Ohio, and station WKBN, owned and operated by WKBN Broadcasting Corporation, Youngstown, are licensed to “share time” on a common frequency. The parties were unable to agree upon a divi¬ sion of time and file such agreement with their respective applications for renewal of license as required by general order 105, WEAO con¬ tending that, there having been no express agreement heretofore as to the division of hours between the parties, it is entitled to share time equally with WKBN and that such equal division of time will best serve the public interest, convenience, and necessity. Hearing was held to determine the issue of what division of hours between the parties would best serve the public interest, conven¬ ience, and necessity before Examiner Ralph W. Walker on November 24, 1931, at which hear¬ ing WEAO was represented by Horace L. Lohnes, attorney, Washington, D. C., due to the illness of Gilbert Bettman, attorney gen¬ eral of the state of Ohio. WKBN was repre¬ sented by Paul Spearman, attorney. WEAO has been operating on the following schedule of time since July 1929: 9 to 11 am Daily except Sunday 12:30 to 2pm Daily except Sunday 4 to 5pm Daily except Sunday 7 to 10pm Mondays only 7 to 1 1pm Wednesdays and Fridays only Additional time for broadcasting all Ohio [21] State football games and varsity basketball games At the hearing November 24, WEAO asked for the following schedule: 9 to 11am Daily except Sunday 12:30 to 4pm Daily except Sunday 7 to 10pm Monday and Thursday 7 to 1 1 pm Wednesday and Friday Time for football and basketball games Under date of January 9, 1932, Examiner Walker issued his report to the Commission recommending that WEAO be given the fol¬ lowing schedule: 9 to 11 am Every day 12:30 to 2:30pm Every day 5 to 7pm Every day This recommendation of the examiner thus deprives WEAO of its present schedule of hours which is less than half time, takes away all evening hours, and almost entirely curtails the service of the station to which the public is entitled. Examiner Walker’s recommendation should be disregarded. His report is unsound at law, biased, unfair, and directly opposed to the pub¬ lic interest, convenience, and necessity. Errors — [I] The facts as reported by the examiner are generally erroneous, misleading, and wholly prejudicial and unreliable for the use of the Commission. [II] The conclusions and recommen¬ dation of the examiner are not based on the material facts as disclosed by the rec¬ ord, are contrary to and in utter disre¬ gard of material facts, and contrary to the public interest, convenience, and ne¬ cessity as defined by the courts. I. The facts as reported by the exam¬ iner ARE GENERALLY ERRONEOUS, MISLEADING, AND WHOLLY PREJUDICIAL AND UNRELIABLE FOR THE USE OF THE COMMISSION. [A] The first glaring misstatement of fact in the examiner's report appears in the third paragraph where it is stated that the program material is all obtained without expense. The transcript of Mr. Higgy’s testi¬ mony discloses [p31] that to a material extent programs consist of lectures upon matters of public interest and education delivered by members of the faculty of the Ohio State University, which faculty members are employed by the University and paid salaries by the state of Ohio to perform this service as part of their offi¬ cial duties at the University. In addition to that, the record of Mr. Higgy’s testi¬ mony [p31] discloses that the actual cost of these programs to the state of Ohio is estimated at approximately $200,000 each year. In the face of this