Radio and television mirror (July-Dec 1949)

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"They should!" say some. "Impossihle!" say the others. Who will win the fierce battle of the giveaways where there's no such thing as a middle ground? Are you wondering if your favorite giveaway program will have to leave the air? And, if it must, exactly why there is a ban against such shows? The controversy between the Federal Communications Commission and the broadcasting industry has made headlines of interest to all radio listeners. Radio Mirror now gives you an unbiased presentation of the facts in the case from which you may draw your own conclusions. Should giveaways leave the air, or are they a favorite form of radio entertainment the public has a right to hear? As this issue goes to press, it is still uncertain just which giveaway shows are under fire. Because of the vague language of the FCC ruling, the broadcasting industry assumes the stipulation is directed against listener participation shows, such as Stop the Music, rather than against audience participation programs such as Queen For A Day. However, it is highly probable that all giveaway programs will be investigated before a decision is reached. On August 18 the FCC passed down a ruling that certain types of giveaway programs, such as Stop the Music, were lotteries in violation of the United States Criminal Code. Therefore, they were to be banned from the air effective October 1. Immediately, the National and American Broadcasting Companies, and Radio Features, Inc. in Chicago filed counter suits, and on September 21 obtained restraining orders. These prevented the commission from enforcing its ruling until the courts could decide whether it was legal or not. The temporary postponement of the commission's ban makes it possible for the programs in question to be aired during the period of litigation. The networks' main bones of contention center around two points. One, definition and interpretation of the term "lottery," and two, the extent to which the FCC should be allowed censorship of radio broadcasting. The term "lottery" is defined as "distribution of prizes as determined by chance or lot, especially where such chances are allotted by sale of tickets, or other consideration." The networks interpret the phase "other consideration" as meaning "other financial consideration." Therefore, according to the American Broadcasting Company, Stop The Music, Chance of A Lifetime, Kate Smith Calls, and Ladies Be Seated are not lotteries. Using this same interpretation, the National Broadcasting Company defends the legality of Hollywood Calling, Break the Bank, Take It or Leave It, Truth or Consequences, Double or Nothing and This Is Your Life, as does the Columbia Broadcasting System the legality of its Hit the Jackpot, Sing It Again, Winner Take All, Give and Take, Beat The Clock, and Grand Slam. Except for the "Hush" type contest occasionally (Continued on page 77) Berl Parks, right, emcees Stop The Music, broadcaet Sundays 8:00 P.M., EST; telecast Thursdays 8:00 P.M., EST. both over 'AB€ stations. 24