NAB reports (Mar-Dec 1933)

of Congress. Each employee will be given a letter of recommen¬ dation regarding his or her efficiency along certain lines. While the Commission will function as usual, taking care of all essential matters with dispatch, it will be necessary to “double up” in the work in some instances as the remaining employees must absorb considerable additional work. The appropriation for the Commission for 1934 is $640,000 com¬ pared with $780,587 for the fiscal year 1933. For the fiscal year 1932 the Commission’s appropriation was $454,197 and the appro¬ priation for the Radio Division of the Department of Commerce $490,000. During 1932 the Radio Division of the Department of Commerce was transferred to the Federal Radio Commission under an Executive Order. Now all the work heretofore performed by the two institutions is being done by the Radio Commission so that the merger has brought about a saving of more than $300,000. URGES MORE LOCAL CHANNELS Commissioner Hanley, in a speech at the dedication of Station KICK, Carter Lake, Iowa, on Saturday night, June 23, expressed the hope that more local channels can be provided as a result of the North American Radio Conference. “Some of the local channels are more congested,” he said. “It is my hope that we can clear the way for a few more local channels. That problem may be solved at the North American conference to convene in Mexico City on July 10. That conference will take up the question of allocating broadcasting frequencies to all na¬ tions in North America — The United States, Canada, Newfound¬ land, Cuba and the Latin-American nations. At the present time, we have an agreement with Canada whereby there is no duplica¬ tion of channels, but the other nations mentioned have been using any frequencies they desired, thus causing interference to many of our stations and those of Canada. Several new high-powered sta¬ tions are about ready to start operation in Mexico and it is ab¬ solutely necessary to work out an allocation to avoid chaos and confusion in the broadcasting service of the United States.” “Legislative history of cities, counties, states and the Federal government evidences the public interest in and need for education and enlightment,” he said. “I am therefore strongly in favor of educational programs and of community stations where local talent can be developed and used and local needs expressed and satisfied.” “In many respects a union between a newspaper and radio sta¬ tion is ideal. The very life blood of a newspaper is good will and the publishers and editors are past masters in that art and in the moulding of public opinion. As a rule radio stations which are controlled in whole or in part by newspapers are less liable to overemphasize revenues and indulge in offensive sales talk than purely commercial stations.” COURT OF APPEALS UPHOLDS COMMISSION The Federal Radio Commission this week won three cases in the Court of Appeals of the District of Columbia including dockets Nos. 5598, Station WLOE against the Commission; No. 5604, Fred H. Goss, against the Commission; and No. 5605, Station WLOE against the Commission. In Docket No. 5598 of Station WLOE, Boston Broadcasting Company, the appeal was from a decision of the Commission deny¬ ing a license renewal to the station. The Court upheld the Com¬ mission’s decision. The Commission in its decision, among other things, found that the station did not have sufficient financial re¬ sources, that its services are not needed in the Boston area and that the public need would not be served by renewing the license. The Court in its decision found that “a review of the record convinces us that the decision of the Commission is not contrary to law and that its findings are supported by substantial evidence and are not arbitrary or capricipus.” In this case the “stay order entered in this appeal is dissolved and the decision of the Federal Radio Commission herein is affirmed.” In Docket No. 5604, the case of Fred H. Goss against the Com¬ mission, the Commission also was upheld. The Commission denied the application of Goss for a construction permit for a new station to be erected at Boston to use 1500 kilocycles, that formerly used by Station WLOE. The Commission did not find that there was any need for this additional service in the Boston area. The Court in its decision in this case says that “the burden of proof is upon the applicant, and the decision of the Commission should be sustained upon the findings of fact unless they are with¬ out the support of substantial evidence. Upon a consideration of the record therefore we affirm the decision of the Commission.” The Court also uoheld the Commission in Docket No. 5605, an appeal of William S. Pote (Station WLOE) against the Com¬ mission. This was an appeal from the denial of the Commission • Pag# of an application for involuntary assignment of the license of Station WLOE to the Appellant, William S. Pote. Pote filed an application with the Commission asking that the license of Station WLOE be involutarily assigned to him. This the Commission refused. The station became bankrupt and “its chattel property was sold in bankruptcy proceedings to appellant, William S. Pote.” However, the Court refused the appeal of Pote and upheld the Commission. Justice Groner dissented in this opinion. He did vote, however, “to affirm the decision of the Commission on the merits.” KGIX GETS LICENSE RENEWAL The Radio Commission on Friday granted a license renewal to Station KGIX, Las Vegas, Nevada, granted it permission to change its equipment, and to move the transmitter locally thereby re¬ versing Examiner R. H. Hyde in his Report No. 467. In this case the Commission found that there is need for broad¬ cast service in Las Vegas and vicinity, that the applicant is now in a position to reestablish the service of the station, and that granting of the application would be in the interest of the public. VISUAL CONSTRUCTION PERMIT GRANTED Dr. George W. Young, Minneapolis, Minnesota, was granted a construction permit by the Commission this week for the erection of an experimental visual broadcasting station, reversing Chief Examiner Yost in his Report No. 476. The station will use fre¬ quencies 43,000-46,000 ; 48,500-50,300 and 60,000-80,000 kilocycles with 500 watts power. It was found by the Commission in its decision that the appli¬ cant is technically and financially qualified to carry on the experi¬ ments proposed “and that such a program of research has been planned which may result in advancement in the art of visual broadcasting.” STATION KFH GRANTED FULL TIME Radio Station KFH, Wichita, Kansas, has been granted full time on the air by the Radio Commission in lieu of five-sevenths time, using 1300 kilocycles with 1,000 watts power. At the same time Station WOQ, Kansas City, Missouri, was denied a license renewal. Commissioner Hanley dissented. This case was originally Report No. 239 of Examiner Hyde who recommended that the license of Station WOQ be renewed. The Commission overruled the Examiner and the case was taken to the Court of Appeals. The case of these two stations was remanded to the Commission by the Court of Appeajs of the District of Columbia on March 13 this year for further hearing, which was held by the Commission. The Commission has now reached its original conclusions. In its decision the Commission found that KFH delivers a meri¬ torious service, and that its service would be materially improved by its use of full time. Its was further found that “the granting of the application for unlimited time of operation for Station KFH and the consequent forfeiture of the broadcast facilities now allocated for the operation of Station WOQ would bring about a more equit¬ able distribution of broadcast f acilities within the Fourth Zone, as provided for in the Radio Act of 1927, as amended by the Act approved March 28, 1928,” and “would serve the public interest.” TWO INDUSTRIES FILE CODES In spite of the fact that the National Industrial Recovery Law just became effective a week ago two industries, the cotton textile and the cast iron pipe, have submitted their codes of ethics in final form. In fact hearings will begin the first of next week in connec¬ tion witji the textile code. While there is much yet to be done, General Hugh S. Johnson, administrator of the new law, has made rapid progress in his organization. General Johnson has stated in no uncertain terms that he has not laid down any general rule for price fixing but he will do everything he can do discourage it at this time. He states also that he has no idea of policing this law, but believes that indus¬ tries will do their own policing inasmuch as those who are trying to hold honestly to an adopted code will see that the other fellow does so too, or will know why. There is no thought at this time, General Johnson states, to appoint a coordinator for any industry because he does not want to give the administration of the law any appearance of using czaristic methods. Nationally known leaders in business and industry have already been announced for key positions, with many more to be appointed later. 74 •