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TOLEDO GETS 39ih TV: One more city is assured TV service, with FCC’s Thursday igrant of CP covering Toledo's sole TV channel to Fort Industry Co. (WSPD-George Storer ) — Channel No. 13 (210-216 me), 27.4 kw visual power, 14.4 kw aural power, 524 ft. antenna height. That brings CPs to 39 (as your Supplement No 18-A will Show, if you have kept it up-to-date). Applications still pending now total only 28, for FCC this week dismissed Institutum Divi Thomae Foundation (Cincinnati) and formalized previously reported dropout of Conn. Television Co., Darien, Conn. (Vol.
2, No. 45) — both for "lack of prosecution."
PETHILLO AND THE LAW: Radio's real ruler wins first round in case of U.S. vs.
James C. Petrillo — Judge LaBuy in Chicago Federal court holding Lea Act unconstitutional (full text of opinion in Supplement No. 35-A herewith). Next move is Government ' s — an appeal to U.S. Supreme Court, which the Solicitor General immediately authorized and which, judging from temper of Dept, of Justice and Administration, will be pressed vigorously for decision this session.
Court opinion \vas frankly disappointing to all who have felt arbitrary hand of AFM boss, especially to broadcasters (facing prospect of more feather-bedding practices than ever) ; to FM (debarred from duplicating AM programs with music) ; to TV (debarred from using musicians and musical films). It evoked varying responses:
Rep. Lea, author of the Act (which House passed 186-16, Senate 47-5), didn't like decision at all, disagreed with Judge LaBuy 's law, said "we must now look to Supreme Court as controlling authority," expressed confidence in ultimate outcome. NAB, Petrillo 's bete noir, had no comment — its head, ex-Federal Judge Miller, saying matter was still before the courts.
Unlike that other czar of labor, John L. Lewis, who fared somewhat less fortunately in another Federal court this week, Petrillo was bursting with good spirits — like the coal boss, apparently, caring as little as ever for public opinion and ultimate effect on labor movement as whole. Said Petrillo, "Thank God for the Federal court [which] preaches and practices free speech, Americanism and democracy."
Press opinion, generally lined up against Petrillo, seemed unsurprised by verdict, some agreeing Lea Act was class legislation that does not reach root of evils epitomized by excesses of Lewis and Petrillo. New York Times' Arthur Krock apparently saw significance in fact Judge LaBuy was appointed in 1944 "to hold Chicago Polish vote." Same newspaper speculated on fate of appeal. to Supreme Court, in light of fact that "no Federal statute has been declared unconstitutional by. that body since 1936."
THE DuMOHT SET STORY: DuMont broke with big ad displays this week to announce its plush line of telesets — two models at $2,495, four at $1,795, one at $795. Beautifully styled period and modern cabinets are featured, including AM, FM, phonograph, shortwave. All are direct-view, tubes being 20, 15 and 12 in. , respectively. Orders are being taken "for earliest delivery" of all but one of the $2,495 models
Copyright 1946 by Radio News Bureau