NAB reports (Mar-Dec 1933)

radio matters arising in the Department of State. It was Mr. Castle who negotiated the arrangement of May S, 1932, between the United States and the Dominion of Canada. EUROPEAN SOCIETY SUES ASCAP The Society of European Stage Authors and Composers, Inc., has brought a suit for $250,000 damages against the American Society of Composers, Authors and Publishers in the Supreme Court of the State of New York alleging that the latter Society induced the Columbia Broadcasting System not to consummate a licensing agreement with the European organization. During the past two weeks the European Society, through its attorneys, notified a number of stations on both the networks of the Columbia Broadcasting System and the National Broadcasting Company that they had infringed certain musical compositions of the European Society, demanding damages for such infringements. In nearly every instance the allaged infringements occurred during network programs. COMMERCIAL DEPARTMENT IS PROPOSED A plan for the development of a commercial and statistical de¬ partment, along the lines recommended by the Managing Director in his annual report to the membership, is now receiving serious study. If the plan, which will be submitted to the NAB Commer¬ cial Committee shortly, wins adequate support the department will be created at an early date. The investigation into the possibilities of creating a NAB Credit Bureau is nearing completion and it is hoped that a detailed pro¬ posal will be ready for submission to the membership within the next few weeks. PROGRAM IDEA INTERCHANGE PLANNED Creation of a department in NAB Headquarters for the inter¬ change of program ideas and scripts will be discussed at the meeting of the NAB Program Committee soon to be called by Chairman Ed. Bill, Peoria, Ill. Recommendation that such a department be created was contained in the St. Louis report of the Managing Director and the Board has authorized its creation on condition that adequate finances can be found. Such a department would probably work in cooperation with the U. S. Office of Education with respect to programs of an educa¬ tional nature and would have general charge of program statistics. The department would also study both commercial and sustaining program trends. Dr. C. M. Koon, senior specialist in education by radio of the Office of Education, has recently returned from visiting radio sta¬ tions through the South and has found that station operators are facing many problems in planning daily programs. The Office of Education has taken the initiative by sponsoring a series of broad¬ cast programs which are now being used by 225 stations. COMMISSION MOVE STILL UNCERTAIN There is still considerable uncertainty in connection with the transfer of the Federal Radio Commission to the Department of Commerce under the proposed government reorganization plan. Secretary of Commerce Roper said this week that the Commis¬ sion will come into his Department but in other quarters it is held that the Commission will be left an independent body even if there is reorganization of Departments. The Commission is also still uncertain about its personnel. No action has been taken up to this time but dismissals will have to be made in a short time to become effective June 1. It is probable that six or seven dismissals will be made from the Washington office of the Commission. NAB SECTION MEETING PROGRAM A tentative program for the second meeting of the NAB Com¬ mercial Section to be held at Grand Rapids, Mich., in connection with the annual convention of the Advertising Federation of Amer¬ ica, June 25 to 28, was developed at a conference in Washington this week attended by H. K. Carpenter, Raleigh, N. C., chairman of the NAB Commercial Committee; Edgar Kobak, president of the AFA; Earle Pearson, general manager of the AFA; and Philip G. Loucks, NAB Managing Director. This year’s program of the section will be devoted entirely to a round table discussion of broadcasting problems with leaders in the industry leading the discussions. Such subjects as merchandising, standardization of units of sale, rates, commercial script, standardization of commercial forms, station promotion, statistical, credit and program interchange meth¬ ods, and station displays are on the program for discussion. The meeting will be held on Tuesday, June 27, the morning ses¬ sion commencing at 10 a. m. and the afternoon session at 2 p. m. Chairman Carpenter will preside at both sessions. Details of the program will be announced later. KFAB CASE ARGUMENT MAY 18 Argument in the case of Sorensen vs. KFAB Broadcasting Com¬ pany, involving the liability of a broadcasting station for defama¬ tory remarks uttered in a political broadcast, will be heard by the Supreme Court of Nebraska on May 18. The Supreme Court of Nebraska in a previous decision held that the station was liable for the remarks uttered but remanded the case to the court below because of error in instructions to the jury. The case was heard a second time in the lower court and is now before the Supreme Court. It is expected that the higher court will reaffirm its earlier decision and hand down a ruling within 30 days. Because of the vital importance of the issue involved, the NAB has retained counsel to carry the case to the Supreme Court of the United States. In the meantime a Washington State Supreme Court has followed the Nebraska decision in a case involving a similar principle. “STATION” AND “APPARATUS” THE SAME The United States District Court for the Eastern District of New York, on February 20, 1933, in the case of the United States v. Splane, refused to make a technical distinction between radio apparatus and a radio station. Splane was charged with operating without license a certain apparatus for transmission of communica¬ tions and signals by radio. It was argued that because the com¬ plaint referred to a radio apparatus and not to a “station” it was insufficient. While this case came up in a criminal court, nevertheless the viewpoint that the court took of interpreting the Radio Act of 1927 is of interest. It was held that the plain intent of the law should not be frustrated by elaborate deference to mere verbiage. While “station” and “apparatus” may not be synonymous in the literal sense, it is clear that within the design of statute they may be considered interchangeable. The warrant to apprehend the defend¬ ant was based upon a verified complaint by a radio technician attached to the Department of Justice, and the Court sustained the legal sufficiency of this warrant. FLORIDA PERMITS BEER AND WINE The Revised General Statutes of the State of Florida, Section 5456, provide: “Advertising the manufacture, sale or keeping for sale of liquors; penalty. It shall be unlawful to advertise the manu¬ facture, sale, or keeping for sale, or other disposition thereof within this State, of any alcoholic liquors either spirituous, vinous, or malt, such as brandy, whiskey, wine, rum, gin, beer, or other alcoholic liquors or any of them, in any or either of the following ways or manners”; then sets out practically all the usual advertising media (except radio), but adds a clause “or otherwise in any manner to advertise the manufacture, sale or keeping for sale,” etc. By virtue of an amendment which became law upon approval by the Governor on May 6, 1933, the following proviso was added: “Provided always, however, that nothing in this Section contained shall in any wise apply to or be construed to prevent the advertise¬ ment of or the solicitation of orders for any malt or vinous beve¬ rages or fruit juices which may at any time be permitted by law to be manufactured, transported and sold in the State of Florida.” HOUSE GIVES COMMISSION $640,000 After two days’ debate, the House of Representatives on Friday passed the Independent Offices appropriation bill, containing the appropriation for the Federal Radio Commission for the coming fiscal year beginning July 1. The Commission was given $640,000 for the year under the bill, which is the amount recommended by both the Bureau of the Budget and the, Appropriations Committee of the House. The bill now goes to the Senate for action. ■ Page 44 ■