Education by Radio (1932)

Radio Commission Defends Nebraska ) WHEN THE COMMERCIAL BROADCASTING STATION, WOW, located at Omaha, Nebraska, tried to drive the Nebraska Wesleyan University Station WCAJ off the air, the Federal Radio Commission decided in favor of WCAJ. WOW carried its case to the Court of Appeals of the Dis¬ trict of Columbia. The Commission, represented by D. M. Patrick, its assistant general counsel, appeared and successfully defended its de¬ cision in spite of the fact that the case had been crippled by excluding from the record letters and affidavits from Governor Weaver and other state officials. The Court of Appeals, altho officially ignorant of the wishes of the state officials, decided in favor of Nebraska Wesleyan University. Apparently there are no grounds on which WOW could appeal to the Supreme Court of the United States. The reason given by Elmer W. Pratt, the examiner of the Commission who conducted the hearing, for excluding from the record the letters and affidavits of the state officials was that the Commission had ruled against the acceptance of evidence in those forms. William Boyd Hunter, a Washington attorney, represented the university. The Commission in its decision said: | [1] Respondent station WCAJ offers a varied and interesting type of program comparable to that which is broadcast by the applicant, j station WOW. [2] Inasmuch as respondent station WCAJ is owned by an educa¬ tional institution of good standing the station is in a position to and does broadcast programs educational in character. [3] No sufficient showing is made in this record that applicant sta¬ tion WOW is in a position to and does broadcast a program materially superior to that of respondent station. [4] While it appears that the operation of respondent station has not been in conformity with regulations of the Commission, a con¬ struction permit has recently been granted which should enable said station to operate in a manner consistent with the requirements of the Commission. [S] The granting of the application would not materially increase the rather complete service now being offered by the applicant station and would require the forfeiture of the entire assignment now used by the respondent. [6] Public interest, convenience and/ or necessity would not be served by the granting of this application. [R. 13 and 14.] The brief [No. 5425], which was filed by the Commission when the case was appealed, was written by Miss Fanney Neyman, assistant counsel. While Article 4 of the Commission’s decision intimates that WCAJ had violated the Commission’s regulations, Miss Ney¬ man explains in her brief as follows: The Commission found that while the operation of respondent sta¬ tion [WCAJ] had not been in conformity with the regulations of the Commission in that it was not making maximum use of the power as¬ signed to it, its operation was nevertheless in the public interest because of the type of service it was, and is, rendering, and because it did have a fair coverage. The brief also states: While it appears that appellant incurred a deficit of $13,957.90 in 1929 in the operation and maintenance of station WOW [R. 545] which is the smallest deficit for the past six years [R. 95], the witness, Stiles, when asked whether he considered that WOW had any deficit when the advertising the station gave to the Woodmen of the World Life Insur¬ ance Association was taken into account, replied in part, “we were talking about dollars and cents. I should say I do not consider it as any deficit” * * * [R. 80], This indicates that money paid by members of the Wood¬ men of the World is used to pay deficits of station WOW, and that they are charged to advertising. It is reported that there have been serious disagreements within the Woodmen of the World as to the wisdom of operating the station. In a later hearing, in which station WOW was opposing the application of a commercial station in another state, a member of the state legislature of that state demanded to know if the Woodmen of the World were backing station WOW. He was told that the organization was backing the station. He then declared that he was a director of the Wood¬ men of the World and that his own money was being used by station WOW to fight the broadcasting station which he was trying to assist. Nebraska Wesleyan University and its broadcasting sta¬ tion have a long and honorable record. In spite of difficulties caused by the unjust attack of the commercial station operated in the name of a fraternal organization, it has continued its service to its state and its constituents and will continue to defend the rights given it by its charter from the state. Education by radio is published by the National Committee on Education by Radio at 1201 Sixteenth Street, Northwest, Wash¬ ington, D. C. The members of this Committee and the national groups with which they are associated are as follows: Arthur G. Crane, president, the University of Wyoming, Laramie, Wyoming, National Association of State Universities. J. O. Keller, head of engineering extension, Pennsylvania State College, State College, Pa., National University Extension Association. Charles N. Lischka, 1312 Massachusetts Avenue, Washington, D. C., National Catholic Educational Association. John Henry MacCracken, vicechairman, 744 Jackson Place, Washington, D. C., American Council on Education. Joy Elmer Morgan, chairman, 1201 Sixteenth Street, Northwest, Washington, D. C., National Education Association. James N. Rule, state superintendent of public instruction, Harrisburg, Pennsylvania, National Council of State Superintendents. Thurber M. Smith, S. J., St. Louis University, St. Louis, Missouri, The Jesuit Educational Association. H. Umberger, Kansas State College of Agriculture, Manhattan, Kansas, Association of Land-Grant Colleges and Universities. Jos. F. Wright, director, radio station WILL, Univ. of Illinois, Urbana, Ill., Association of College and Univ. Broadcasting Stations. Everyone who receives a copy of this bulletin is invited to send in suggestions and comments. Save the bulletins for reference or pass them on to your local library or to a friend. Education by radio is a pioneering movement. These bulletins are, therefore, valuable. Earlier numbers will be supplied free on request while the supply lasts. Radio is an extension of the home. Let’s keep it clean and free. [ 87 ]