Radio doings (Dec 1930-Jun1932)

March, 1931 RADIO DOINGS Page Twenty -one The March cf Eadic LAFOUNT SEES ADVERTISING RAP The recent KFKB decision of the District of Columbia Court of Appeals is interpreted by Commissioner Harold A. Lafount as giving the Federal Radio Commission authority to supervise and restrict advertising over the radio despite its lack of censorship power. By interpreting the "public interest" clause broadly, the court has indicated that the Commission should step in whenever a station goes beyond certain limits either in the amount or character of the advertising it sponsors. The court, in upholding the denial of a license renewal to Dr. John R. Brinkley, operator of the Milford, Kans., station, stated that Congress, in enacting the Radio Law, "very evidently had in mind that broadcasting should not be a mere adjunct of a particular business, but should be of a public character." Station KFKB was put off the air by the Commission because of a "Medical Question Box," conducted by Dr. Brinkley. The court in its opinion, denied that such action was an exercise of censorship authority by the Federal body. Commissioner Lafount explains as follows: "Section 29 of the Radio Act of 1927 expressly prohibits the Commission from exercising any power of censorship over radio broadcasting stations consequently no restrictions have been made on radio broadcasting advertising by the Commission. "Broadcasting stations are, however, licensed to serve the public and not for the furthering of private or selfish interest of individuals. The standard of "public interest, convenience, and necessity' prescribed by the Radio Act of 1927 means nothing if it does not mean this. Since advertising furnishes the economic support for the service a station renders and makes it possible, it must necessarily be an exception to the rule. However, the amount and character of advertising must be rigidly confined within limits consistent with the public service expected of the station." * * * YOST REPORT SEEN AS COMPROMISE The Federal Radio Commission is expected to adopt the secondary report of Chief Examiner Ellis A. Yost on applications of cleared channel stations for 50,000 watts as a compromise measure with the high power broadcasting advocates. The whole report, in fact, seems designed to appease even the broadcasters who were not among the eight selected for maximum power by recommending that they be granted 25,000 watts. While not officially announced, it was learned that the recommendations had been reviewed by each of the Commissioners individually before the report was made public. As twenty days were allowed for the filing of objections, the Commission will probably not announce its decision until the expiration of that period. The Yost report was obviously intended to forestall injunctions and prolonged litigation that had been threatened after the Commission turned down the Chief Examiner's first recommendation to open all 40 cleared channels to 50,000 watt stations. Granting of 25,000 watts to all stations on the 20 cleared channels not designated for the maximum power is permitted under General Order 42, which established the limitation policy. This order stated that 50,000 watt stations would be permitted to operate on 20 cleared channels while stations on the other 20 cleared channels would be limited to 25,000 watts power. Some objections and probably some court action are expected even if the report is adopted, but there will not be such a general uprising as would have occurred if the half-maximum power had not been recommended for those applicants that are not among the eight chosen to fill vacancies under the limitation order. The eight stations selected by Mr. Yost for maximum power are: WJZ, New York, now operating with 30,000 watts: WCAU, Philadelphia, Pa., 10,000 watts; WSM, Nashville, Tenn., 5,000 watts: WSH, Atlanta, Ga., 5,000 watts: WCCO. Minneapolis, Minn., 7,500 watts: WGN, Chicago, 25,000 watts; KPO, San Francisco, Calif., 4,000 watts, and KOA, Denver, Colo., 12,500 watts. * * * TWO LOGS MUST BE KEPT BY BROADCASTERS Under the terms of a new general order adopted by the Federal Radio Commission, two accurate logs, one of programs and the other of technical operations, must be kept by broadcasters. The effective date has not been set, but it was said it would probably be March 1st. The logs, which shall be open at all times to inspections by Radio Supervisors, shall note the use of phonograph records and electrical transcriptions, together with the announcement made in this connection. The operating log shall contain a chronological account of the station's operation. CONGRESS MAY REVISE RADIO LAW Possibility that the White bill for the revision of the Radio Act in several particulars may be passed by Congress before adjournment loomed when the Senate Committee on Interstate Commerce favorably reported the measure after taking on several amendments. The basic bill was passed by the House of Representatives last year, but only recently Representative White added on several amendments. These various revisions will have to be adjusted at a conference if the Senate adopts the measure in its present form. One of the controversial amendments, passed last year by the Senate, but tabled by the House, provides for the transfer of the Radio Division of the Department of Commerce to the Federal Radio Commission. Senator C. C. Dill, of Washington, has been sponsoring the proposal, but friends of W. D. Terrell, Chief of the Radio Division, have been seeking to block it in the House because it fails to place the Department on a par with the Legal, Engineering, and other Divisions of the Commission offices. Three recommendations of the Radio Commission are embodied in the revisions proposed by both branches of Congress. These give the Federal body authority to suspend a delinquent broadcasting station for a period not to exceed 30 days, exclude territorial possessions from the Five Radio Zones of the United States, and require the illumination and painting of radio towers. The license period of broadcasters would be reduced from three years to one year under another amendment. The Radio Commission, however, has never taken advantage of the present law in this respect, having issued licenses for only three months. NBC MOVES TO ACQUIRE STATION WENR The National Broadcasting Company has filed an application with the Federal Radio Commission for the transfer of the operation of Station WENR, Chicago, from the Great Lakes Broadcasting Company to the NBC network. The Chicago station, which is acquired under a lease arrangement, operates with 50,000 watts on the 870 kilocycle channel, which is shared with WLS, also of Chicago. An agreement has been reached between NBC and the Prairie Farmer, owner of WLS, whereby the latter will use the WENR facilities during its time on the air. WLS will use its own call letters, however. RADIO RULES MADE MORE STRINGENT A general tightening up of radio regulations affecting broadcasting stations, intended to eliminate waste time, has been ordered by the Federal Radio Commission to become effective March 1st. A number of new rules for this purpose has been issued. One of the principal provisions states that stations which are authorised to operate without any time limit must maintain, after May 1st, a regular operating schedule of 12 hours each "broadcasting day," at least three of which shall be between 6 a. m. and midnight. Violation of this rule will entail a reduction in the license hours of operation. STATIONS DEVIATING LESS, REPORT SHOWS One reason for improved reception within the last few months has been traced to better mechanical operation of broadcasting stations by W. D. Terrell, Director of the Radio Division of the department of Commerce. Excessive frequency deviation, or "wobbling," which until recently was one of the primary causes of interference, has decreased considerably, a check-up by the radio police reveals. Broadcasters are striving more than ever before, according to Mr. Terrell, to stay within their assigned wave lengths. Out of 339 stations checked during December, 101 showed deviations under 200 kilocycles, while 238 deviated more than 200 kilocycles. Under regulations of the Federal Radio Commission, deviations up to 5000 kilocycles are permitted. Radio station operators are co-operating with the Radio Supervisors very satisfactorily, Mr. Terrell said, and are striving to adhere as closely as possible to their assigned frequencies.