Radio Broadcast (May 1928-Apr 1929)

CHE MARCH OK RADIO KDES AND IMimWHATION SECEEEESI KAhlO rVHSIIS ff^GY's Attack on the Allocation Plan WHEN an irresponsible citizen of the broadcasting world sets his private interests above those of the listening public and takes legal measures threatening the security of our new broadcasting structure, the product of years of patient effort, we condemn the error of his ways and hope for his ignominious defeat at the hands of the courts. But, when so respected a citizen of the radio fraternity as wgy takes the first step which is likely to restore ether chaos, we lose hope that broadcasting will ever be sufficiently stabilized to get along without frequent reallocations, legal proceedings, and political pussyfooting. Wgy's cause is a just one. No station is better entitled to a clear channel because it serves a large audience and is the principal program reliance over an extended rural area. But it went about securing justice in a manner which was exactly 100 per cent, wrong, because it endangers the entire system of allocation based on engineering principles. Wgy did not hesitate to enlist the aid of grotesque exaggeration of the facts, the ever-ready services of the haloseeking politician, and even shamelessly sought to fix upon the Commission the obloquy of restricting service to the, sick and injured in the hospitals. The consequences of its course portend such destruction that the propriety of wgy's claim to a cleared night and day channel has become a matter of minor importance. At this writing, it is too early to determine whether the injunction will have as far-reaching and destructive an effect as that obtained by wjaz two years ago, which brought chaos to broadcasting and stagnation to the radio industry. But it appears that only good fortune can prevent the complete upset of the allocation plan as a result of wgy's injunction, which converts a Fifth Zone cleared channel into one shared by the First and Fifth Zones, thereby upsetting the principle of cleared channels. FACTS OF THE CASE THE case is one of such importance that its history is worthy of repetition. The Federal Radio Commission, under the Davis Amendment, is compelled to divide the channels of each character equally among the five zones. It decided to clear forty channels for high-power, night operation, allowing eight per zone. It is further required by the Davis Amendment that the facilities be divided among the states in each zone in proportion to their population. The eight cleared channels of the First Zone were, therefore, divided among the ten states in the Zone according to their respective populations. The New York stations selected for clear channels were weaf, wjz, wabc and wham. Thus, three of the channels were assigned to the key stations of the three eastern networks, while the fourth was properly assigned to the western part of the state. The Commission's judgment in deciding upon weaf, wjz and wabc, each the key station of a different network, for three of New York's four channels can hardly be questioned. Wgy might have challenged wham, but that station has excellent claims to a cleared channel. It is in an area somewhat more remote from New York than Schenectady and, therefore, less easily served by the three key stations in that city. Furthermore, Rochester is a source of musical talent of the highest grade. Wgy was assigned for daytime operation to a clear channel belonging to the Fifth (Western) Zone, occupied by kgo, which is operated, like wgy, by the General Electric Company. The Commission further gave special permission to wgy to operate in the East at night during MR. J. W. HORTON After a twelve-year association with the Bell Telephone Laboratories, Mr. Horton has joined the General Radio staff in the capacity of Chief Engineer. any silent period on kgo's schedule. Because of a three-hour time difference, the earliest wgy is required to sign off, if no time concessions are made by kgo, is 8:17 p.m. and the latest 10:32 p.m. If kgo relinquishes all broadcasting between sunset and 7 p.m., this permits wgy to operate until 10 p.m. nightly. During four months of the year, this involves no sacrifice of time on the part of kgo because the sun sets after 7 p.m. on the coast during the months of May, June, July and August. For three months of the year, kgo's sacrifice is one hour or less in the early evening, for two months between one and one and a half hours, and for three months between one and a half and two hours, a part of which are afternoon silent periods. Operation until ten p.m. gives the maximum of service to the majority of wgy's listeners including hospital inmates and rural listeners. After ten p. m. also, late listeners may, except in midsummer, receive their programs from one or more of the 50,000 30,000 and 15,000-watt stations within 150 miles of wgy, not to mention the numerous less powerful stations, some of which have chain affiliations. Furthermore, in summer, when local service is the only reliance of the listener, wgy could ultimately have obtained the permission of the Commission to continue still later operation simultaneously with kgo at night because, due to summer attenuation, heterodyning is unlikely at that season. Wgy has not been singled out as the only high 163 power station to operate on limited time. Three 50,000-watt stations, wfaa, wtic and wbap, are operating, or will operate, on half time only. Wenr, the only 50,000-watt station in the Chicago area, is limited to twosevenths time. These are assignments imposed by the limitations of the Davis Amendment and do not represent unfair discrimination by the Commission. Thirty-nine stations of 5000 watts power or more have been assigned part time. importance of wgy's service NO ONE can fairly deny the magnificent service which wgy has rendered and its importance as a broadcasting station. Certainly it was entitled to go before the Commission and request one of the clear channels assigned to New York State. It did not, however, elect to take the orderly course, but went after a channel assigned to another zone, thus striking at the very heart of the principle of allocation. Anyone, not closely acquainted with the technicalities of allocation, would have gained the impression from press reports that wgy had been shut down entirely. Certainly, the letters from hospital inmates, copiously distributed to the press by wgy's publicity department, gave the impression that these sufferers believed they would hear no more of wgy after November 11. In pleading for the injunction which converted a clear Fifth-Zone channel into one heterodyned by a First-Zone station, Attorney General Jeremy R. Waldron of New Hampshire asked the Court of Appeals to grant the injunction "so that wgy listeners in our state will not be deprived of service after November 1 1." Wgy declined to comply with the Commission's procedure of challenging another station assigned a New York State channel on the ground that it had no quarrel with such stations. What wgy should have done, if it did not elect this course, would have been to strengthen the allocation plan, rather than to aim at its fundamental principles, by demanding additional clear channel for each zone. For example, were there fifty clear channels, allowing ten per zone, as recommended by the engineers' plan, the Commission automatically would have recognized wgy. The weight of its evidence could have been thrown in support of clearing more channels and giving better service. Whether additional applications for injunction by other stations will follow the precedent established by wgy cannot be determined at this writing, but certainly the way has been paved for such action. We hope that, ultimately, wgy will secure its clear channel and that, in the process, the principle of allocations based on engineering considerations will not be even temporarily destroyed. Commissioner Robinson Stands Firm COMMISSIONER Ira E. Robinson has been consistently out of sympathy with the other members of the Commission. He has firmly opposed the allocation plan, favoring a policy of delay in taking active steps to relieve the broadcasting situation. He inclines to the view that the listener is best served by