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10/7/41
No argument was made by Mabel Walker Wlllebrandt, former Assistant Attorney General, representing the stations of Ralph L.
Atlas s, WJJD and WIND, in Chicago, respecting the wisdom of the rule in cases where dual ownership results in monopoly. Mrs. Willebrandt pointed out, however, with all the stations in the Chicago area that WJJD and WIND did less than 10^ of the business. If the Com¬ mission reaches conclusion that dual ownership rule should be adopt¬ ed the rule should be so worded as not to prevent the dual ownership where actually there is no monopolistic result.
"WJJD and WIND together are but 2 of 18 stations serving the Chicago area", Mrs. Willebrandt told the Commission. "The other 16 stations are owned and operated by 13 separate and competitive groups. Thus there are 18 stations and 14 Afferent owners. Each of five of the competing stations are 50 KW network stations covering a larger area and doing a great percentage of the business than WJJD and WIND combined. A sixth station has superior facilities. Two more stations have comparable facilities to WJJD, and an additional two have only slightly less desirable facilities.
"The rates of WJJD and WIND are less than, or comparable to those of other stations with like facilities in other markets, and are substantially the same or hi^er than those of competitive sta¬ tions with like facilities in the same market. Entirely separate sales staffs are employed for each station, and the stations are as com¬ petitive with each other as are other stations in the market. Any economies effected through dual operation have been used in further¬ ing program service. This in turn has enabled a larger volume of busi¬ ness, and of service to the public.
"Operations for the current year indicate that more than $700,000 will be spent in the operation of WJJD and WIND during 1941. This is, we believe, a larger amount than is spent by any two com¬ parable stations, operated by separate owners in a similar market.
This aggressive and competitive operation has enabled us to become the chief source of competition to the network stations in Chicago. "
The rule was opposed by the National Broadcasting Company, through its counsel, Duke M. Patrick, on the grounds that it would tie against the public interest and beyond the authority of the Com¬ mission.
Mr. Patrick pointed out that NBC assumed ownership or operation of two stations in each of four cities only after it had secured the full consent of the radio commission, and that it invest¬ ed several millions of dollars after obtaining such approval.
Further, Mr. Patrick argued, NBC always has operated these stations upon the highest standards, a fact attested to by the license renewals which have geen given to each station by the present Commission and its predecessor at regular and frequent intervals.
Each such renewal, it was pointed out, was predicated upon finding by Ike Commission that such re-licensing would be in the public interest, convenience, or necessity.
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