NAB reports (Jan-Dec 1934)

The National Association of Broadcasters NATIONAL PRESS BUILDING ***** WASHINGTON, D. C. PHILIP G. LOUCKS, Managing Director NAB REPORTS ★ NfflA * W * ★ Vol. 2 No. 1 JAN. 6, 1934 Copyright, 1934, The National Association of Broadcasters PLEASE PAY DUES PROMPTLY The new schedule of NAB dues became effective on January 1, 1934. A statement explaining the new dues provision was sent to each NAB member along with a bill form for January dues. As was pointed out, January dues are based upon net sales of broad¬ casting facilities for the month of December. It is impossible to determine just how the new system of dues will affect the Asso¬ ciation’s income but under direction of the Board of Directors the returns will be carefully studied. Please give prompt attention to sending in the form and a check for January dues. Your coopera¬ tion will be greatly appreciated. TUGWELL BILL GREATLY AMENDED The Tugwell bill to revise the food and drugs act of 1906, in greatly amended form, was introduced in the Senate this week by Senator Royal S. Copeland, New York. While copies of the bill are not yet available it is stated that the measure retains the consumer protection sought by Prof. Rexford G. Tugwell, but wide powers conferred by the author upon the Secretary of Agriculture have been drastically curbed: References to “inference and ambiguity” in defining advertising offenses, written into the first draft by Prof. Tugwell to the indig¬ nation and vehement protest of publishers, have been eliminated, as have clauses regarding palliative medicines and provisions re¬ quiring full formula disclosure. Committees on public health and food, appointed by the Presi¬ dent, will pass upon regulations designed by the Secretary of Agri¬ culture, whose powers, under the original version of the “brain trust” author, were denounced at the hearings as “dictatorial.” At the same time, another food and drugs bill, prepared by the National Drug Trade Conference, was introduced in the House by Representative Loring M. Black (Democrat), New York. This measure follows more closely the lines of the existing act. A section of the Tugwell version, which was declared ruinous to advertising, reads: “Section 6. A food, drug or cosmetic shall be deemed to be mis¬ branded (a) if its labeling is in any particular false, or by am¬ biguity or inference creates a misguiding impression.” This section has been changed radically to read: “Section 6. A food, drug or cosmetic shall be deemed to be mis¬ branded (a) if its labeling is false or misleading; provided, that no drug shall be deemed to be misbranded under this paragraph by reason of any representation concerning any effect of such drug which is supported by substantial medical opinion or by demon¬ strable scientific fact.” The revised draft provides that no publisher, advertising agency or broadcaster shall be guilty of violation by dissemination of false advertising, although a request for the address of the advertiser must be complied with. An important addition to the measure authorizes the enforce¬ ment agency established by the bill to accept plans of representa¬ tive advertising agencies for the self-regulation of advertising prac¬ tices. CODE AUTHORITY MEETING JANUARY 15 John Shepard III has called a meeting of the Code Authority for the Radio Broadcasting Industry for January 15. The meeting will be held in Washington. Chief among the matters to be con¬ sidered are numerous interpretations of the code. SHAW NAMED GOVERNMENT CODE ADVISOR Harry Shaw, WMT, Waterloo, Iowa, former president of the National Association of Broadcasters, was appointed by General Johnson this week as one of the three government representatives on the Code Authority for the Radio Broadcasting Industry. The other two representatives have not yet been named, but Judge Eugene O. Sykes, chairman of the Federal Radio Commission, and William Farnsworth, assistant deputy administrator for the NRA, are being considered as possible appointees. The Code Authority meeting will be held in Washington on January 15 and it is expected that the other two representatives will be named before that date. Mr. Shaw’s appointment carried White House approval. He has been active in Iowa NRA activities since last June and has won government commendation for his organization work in that state. FIRST RADIO BILL INTRODUCED Representative Huddleston, of Alabama, introduced the first radio bill at this session of Congress this week (H. R. 6227), which would make radio stations public utilities. The bill which is to amend the Radio Act of 1927 has been referred to the House Com¬ mittee on Merchant Marine, Radio and Fisheries. It is, in full, as follows: “Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled , That the Radio Act of 1927 be amended by adding thereto sections 42 and 43, as follows: “Sec. 42. The Federal Radio Commission shall permanently and exclusively have and perform all of the duties and functions im¬ posed or conferred upon the Secretary of Commerce by section 5 of this Act. “Sec. 43. The radio stations licensed under this Act, and which may be operated, directly or indirectly, in whole or in part, for hire or compensation, are declared to be public utilities and in¬ strumentalities of interstate commerce, and shall, under such regu¬ lations, rules, practice, and supervision as may be adopted from time to time by the Federal Radio Commission, serve, transmit, and broadcast, without discrimination, for all who may apply for same, for a just and reasonable charge and compensation to be fixed and stipulated from time to time by the Federal Radio Com¬ mission: Provided, That radio stations operated by the United States, or by any agency thereof, shall be excepted from the pro¬ visions of this section.” SLANDER BILL IN MASSACHUSETTS A bill making slander by radio a crime (HB 139) was intro¬ duced in the Massachusetts legislature at the request of the Secre¬ tary of State. The bill, which has been referred to the Joint Judiciary committee for consideration, reads as follows: Section 1. Chapter two hundred and sixty-five of the General Laws, as appearing in the Tercentenary Edition thereof, is hereby amended by adding at the end thereof the following new section: Section 34. Whoever falsely uses, utters or publishes words over, through or by means of what is commonly known as the radio, or whoever in control of a radio broadcasting station aids or abets in the using, uttering or publishing of such words, which in their common acceptance shall tend to impair the honesty, integrity, virtue or reputation of a person, or publishes the natural defects of one who is living, and thereby exposes him to public hatred, contempt, ridicule or financial injury, or whoever falsely by such radio accuses a public officer of a crime or malfeasance in office, shall be guilty of slander and shall be punished by a fine not ex¬ ceeding one thousand dollars. Section 2. Section thirty-six of chapter fifty-five of the General Laws, as appearing in the Tercentenary Edition thereof, is hereby amended by adding after the word “thirty-four A” in the tenth line the words: Violation of any provision of section thirty-four of chapter two hundred and sixty-five. • Page 267 •