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NOW AS CAP HURLS THE MONOPOLY CHARGE AT NBC
The American Society of Composers characterized the ruling of Niles Trammell, President of the National Broadcasting Company, that each orchestra appearing on a sustaining program, beginning October 1 must use at least three compositions not in the Society's catalogue as "another move to establish monopolistic control in the radio industry".
In his letter to the orchestras Mr. Trammell explained that early in August all orchestra leaders had been asked to play at least one composition which N3C clearly will be able to use after Dec. 31, and that this requirement was being stepped up in order to increase the use of music which will be available to NBC after the ASCAP contract expires, Dec. 31.
"ASCAP has not relaxed its exorbitant demands upon us, "
Mr. Trammell stated in his letter. "December 31, 1940, is approach¬ ing rapidly and it is essential that we continue to increase the use on NBC sustaining shows of the music which will be available to us after that time. Therefore, commencing October 1st, NBC will require that all orchestras broadcasting on NBC sustaining shows, whether they are studio or remote control programs, must schedule and play during each of their NBC broadcast periods, at least three compositions which NBC clearly will be able to use after December 31, 1940. "
In reply, an ASCAP representative declared:
"I wish the Trammell ruling called for six rather than three non-ASCAP numbers on each sustaining program", the repre¬ sentative said. "In that way the public's reaction would be gained that more rapidly. "
He also charged NBC with taking advantage of its pre¬ sent contract with the Society. By inserting three non-ASCAP selections into each sustaining program in an effort to wean the public away from the Society's music before the agreement expires, NBC will be using the composer group's songs to "make the dose palatable", he pointed out.
Inquiry at Broadcast Music, Inc. , formed by the radio men to combat the fees of the Society for the right to use its music on the air, disclosed that the Columbia and Mutual Systems soon would follow NBC's lead with similar rulings.
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R. C.A. Communications, Inc., Rocky Point, N. Y. , and New Brunswick, N. J. , have been granted special temporary authority to point to point radiotelegraph stations in the Fixed Public Service at Rocky Point and New Brunswick, using their regularly licensed equipment, frequencies, power and emission, to communicate with radio station EAX-2 at Barcelona, Spain, operated by Transradio Espanola SA, for a period not to exceed one month.
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