Variety (Sep 1933)

Tuesday, September 5, 1933 RADIO VARIETY 59 Proposed Broadcasting Code Uetter of TranmittQl . fi^nHnn to tho Prealdont of the United' '■*PP"S?r ftSDroval o£ a National Jnduatrjal fit**®S«rv S for tb© bronacftBtlnK Indua- ^•'"Jnder the Provlalons of Title I of the ^P'n^nS? Industrial Recovery Att. pSflnltlon-: The term 'broadcaetlne . *,-«»rv" as used herein, and as recited In !£f ?3ode herewith propoaed. Is dcllncd to the ooeratU ineftn -a .r-th« f^°?5e comiAete operation of all ata •■ ■ !?*i^r nr networks engaged In radio broad that IB, tlie tranomlsalon through "•'"f^Af radio frequency algnala Intended ^ecelYed* (Whether oudlbly or visibly, tt^ily^by the public; and aa doHned shall fn^de in connection with such operation 2. After the oftccllve date, not to em- ploy any person under sixteen years of a«e, except that persons under sixteen may be used as talent on programs for not more than threo hours per day, and those hours to be such as will not Interfere with their sohaollng, . 8. Not to work any employe for more than forty hours In any one week except as to classes of employes enumerated In paragraph No. 4 hereof. 4. The maximum hours (Ised In the fore- going paragraph No. 3 shall not apply to: a. Kmploycs in a managerial or execu special recordings, literary or musical rights, unless a full report of such taofow cost Is promptly filed In writing with the National Association of Broadcasters. 4. No broadcaster or network shall de- fame or disparage a competitor, directly or Indirectly, by words or acts which un- truthfully call In question his business In- tegrity, hla ability to perform his con- tracts, hla credit standing, or the quality of his service. C. No broadcaster or network shall claim for his service a character, scope or qual- ity which cannot be substantiated by spc- clflc evidence, nor shall he claim as regular characteristics of hla service features which he knows to be purely temporary or accidental. 0. No broadcaster or network shall ac- cept . Or knowingly permit any performer, singer, musician, or orchestra leader era- ployed by such broadcaster or network to L A. Stations Adapt Local Fdm Talent Idea to Their Own Use SERIAL ON RUN Flour. Firm Takes 'Children' for 26 Stations 5 Times Wkly pro- lonsored, JSft'Vrei^X^tlon and production of •'" _» both sponsored and unspon ■ f?"tha purpose of providing Infitructlon. •ihlertalnS and general service to the • 'Hinin of the; united. States. . . •'^'^fThTa application Is made_ by; the Na 4lmial ASBOClatlO'n of »tu«uvi«ovv,», '■■i ^,^^S.rnted an csUbllshed .trade association In- Broadcasters,' id .trade assocl ..l^'^ne'iihimna. arid the only trade asso tlve capacity (including announcers and l-^ccept any money, gift, bonus, refund, re- ^V. Jiort olt thV ^oard .of JPlrjctors .of ^th. ' NAtlOBBl'. . .--(certified-, . . • ■ iVlnJ/nnPASBOoWtton of BroaOchstorfl. Inc Nftt».95?i.-^'.rJr,, attached hei;eto, Exhibit .copy ii The. I application Is presented by a • i.«m^lttee dnly authorized by. resolution of VtC^o^rarSf Directors'" of the National" \«»^atlon of Broadcasters to represent -Ad^act for the Asstelatlon (Certified copy ^ttoched hereto..Eihftlt "B").. ^ ■ II .The National Association of Broad- ^oiiters Inq., Is generally recopntzed StiSfflrhout the broadcasting- Industry as "ffle trade aaWolatlon'-oC the Industry.- It SS, Keor^^^^ «n lit has had ISrunlnterrupted operation of ten years, •fl -Its m^borshlp Includes' sdme 26» "broadcasting .stations. .Statistics are not Sable to- dBtetn&lne with accuracy the SSoenUge of., the total broadcasting busl- 5sS which is done:, by the meknbers of the Afooclatlo";. but It Is cohfldchtly believed ■ to be In excess of 81%. ■7 The general activities of common In- Vereat to all members are controlled and Srrlad -forward by the. Board of Directors, -■abject to the direction of the motnbcra of • the Association fclven by resolution adopted at any regular or special meeting at which each member compajw Irrespective of size, Bas one vote. A iJSmanent headquarters and staff are malntahrfed. The Association la economically 0dmlnlBtered and -will so continue. The cost of membership In the ' Association Is determined by the size of the member station, and In the case of the ■mailer stations. It Is further determined by the gross amount of business done annu- ally. Stations with a gross Income of less •.«ian $16,000 per annum may enjoy full 'membership ;n the Association upon the "Dayment of annual dues of $30.0u. There are approximately 200 stations entitled to '' meinbershlp under the minimum rate. ' 8," The Board of Directors Is elected by the full- membership at the annual meeting of the Association. It Is representative of the entire membership and of the Industry. ft The Association was evolved to foster and promote the development of the art «t -Vadlo broadcasting, to protect Us mem. }tfn ■ In every lawful and propeir manner, and to foster, encourage and promote laws and practices which would be. for the best Interests of the .public and the Industry. flO.'Membership In the Aesoclation )s •■.«pen to all persons, partnerships,. firms, •r corporations engaged In the authorized . Meratlon of radio broadcasting; station, and fa without restriction beyond agreement to «ba«rve the policies and- regulatlpho of the AMOClatlon, as set fort,h. In lt« conptltutloo and by-laws, copies of which have been My filed herewith. BespectfuUy submitted. =.' ALFRED J. McCOSJCER, President, PHILIP G. LOUCKS, ' Managing Director, JOHIN "W. GUIDER. Counsel, 108S. Committee, production men), who receive more than thlrty-flvo dollars per week, or, in radio broadcasting stations where not more than ton persons are regularly employed, to em- ployes In a managerial or executive capac- ity (Inoludltig .announcers and production men),' who receive more than twenty-flve dollars per week. b. Outside salesmen. c. Employes on emergency, maintenance and repair %yorki d. Radio operators and control men, with respect to whom the maximum hours of work shall Hot exceed forty-c'.:,-ht hours per. weelc. e. Persons employed on- special event programs of public Interest, with respect tb whom the maximum hours.- of work shall not exceed an average of the number of hours herein prescribed for their class pf work -per week during ahy six weeks'.' pe- rlod. • C. Not to pay any fiill-tlme employe less than at the.-following weekly rates: a. Broadcast technlclana. Including radio operators and control men, not less than twenty dollars per week, except that In radio broadcasting stations where not more than ten persons are regulr-Iy employed the., minimum rate of pny ijr broadcast technicians. Including radio operators and control men;' shall be fifteen dollars per week. Employers shall be entitled to em- ploy as apprentices, for any "Period not to exceed six months,, persons learning the. technique of radio broadcasting control and transmission, the minimum rate of pay ilot to be less than twelve dollars per week. b. Announcers and program production employes not less than twenty dollars per week, except, that In stations where not more than ten persons are regularly em- ployed the minimum rate of pny for em- ployes of this clasd shall be fifteen dollars per week. c. All other employes, except salesmen working on commission only, at the rate Of fifteen dollars per week In any city over DOO.OOO population or in the Immediate re- tall trade area of such city; at the rate of fourteen -dollars and fifty cents per week In any city of between 260,000 and 600,000 population or In the Immediate retail trade area of such city: or at the rate of four- teen dollars per week In any city of be- tween 2,600 and 2^0,000 population or In the Immediate retail trade areas of such city; Or at the rate of twelve dollars per week In ahy. town of less than 2,600 pop- ulation. Population, for the' purpose of this Code, shall bo determined by the 1030 FeQeral Census. , 0. Not to reduce the compensation for employment now in excess of the minimum wages hereby 'agreed to (notwithstanding that the hours w.orked In such employment may be hereby reduced) and to Increase the -pay .for such employment by an equi- table readjustment of all ^ay schedules. Aug. 20, Preamble TO effectuate the policy of Title I of the National Industrial Recovery Act the fol I lowing provisions are established as a Code «t Pair Competition for the Radio Broad- ' casting Industry. Because the Radio Broad casting Industry Is subject to peculiar re^ ^nlrementa In tho matter of long hours of .•peratlon, seven days per week, emergency Xoolntenance and repair work, ond highly ■killed personnel. In order to enable It to perform the duties expected of It, and also to meet the special obligations as to public Interest, convenience and necessity Imposed by Federal statute and regulations promul- cated thereunder, tho Industry, therefore^ ^hnot be treated In all respects in the ■ome manner as manufacturing or mer chandlsing Industries. ^ Article I The National Association of Broadcasters U hereby designated the agency for ad- ministering, supervising and .promoting the gerformance of the 'provisions of this code y the members of the radio broadcasting Industry. Article II (Definitions) 1. Radio broadcasting Is the transmls- Mon through space by means of any radio frequency of signals Intended to be re- eelved, whether audibly or visually, dl- Jectly to the public. The radio bro,adcast- Ing Industry embraces the complete opera- tion of all stations or networks designed xor broadcasting as above defined, includ- ing, in connection with such operation, the IMparatlon and production of programs, Dotta sponsored and unsponsored, for the Vurpose of providing entertainment. In- struction and general service through the •gency of radio broadcasting to the people .•f the United States. . , 2. Broadcaster means any Individual, partnership, corporation or association ©per- wing a radio broadcasting station by virtue •I a license issued by the Federal Radio Commission. a. Network shall mean any Individual, Jortnershlp, corporation or association In w business of regularly supplying pre- coma for broadcasting, by wire or wlre- Jess. simultaneously to two or more radio •rpadeastlng etatlons. 4. Employe Is any person employed at a 'Mtular weekly or monthly salary or wage 5»r services rendered during regular hours Ifolly. aa distinguished from an independent •ontractor or a professional person who Is M iU-^**® i*''* or performance. . 0. Employer is any broadcaster or net- * employing any employes.- fl. Broadcast technicians shall mean any persons employed for the operation or maintenance of any transmitting, control ^ Input equipment used In radio broad- casting. Article III (Effective Date) Code shall take effect upon the tenth flay after It shall have been approved tfr the President of th^ United States. Article iV (Employment Provisions) Employers agree as follows: !■ "With respect to. hours of operation, to conform to the rcqulremcnta of tho r licenses, as ' Issued by the Federal Radio Commission, and the Rules and Rcg^llattons of that Commlsfllftn," and In any evf-nt not to reduce their hours Of operation by rea- son of their adherence lo this Code. Article V (Collective Bargaining) The following provisions ore conditions of this-.Code: . . . 1.' That employes shall have the right to organize and bargain collectively through representatives of their 6wn^ choosing, end shall be free from the Interference, re- straint; or coercldn of employers of labor,- or their, agents; In the designation of such representatiyes or in self organization, or In other concerted activities, for the pur- pose of collective bargaining or other mu- tual aid or protection: 2. That no employe and no one seeking employment shall be required as a condi- tion of employment to Join any company union, or to refrain from Joining, organiz- ing, or assisting a labor organization of his own choosing: 3. That employers shall comply with maximum hours of labor, minimum rates of pay, and other conditions of employ- ment, approved or prescribed by the Presi- dent; and r, 4. The selection, retention and advance- ment of employes shall be on the basis of Individual merit, without regard to their afnilatlon or non-afflllatlon with any or- ganization. Nothing herein shall Impair the constitutional right of employers to free- dom in the selection, retention and ad- vancement of employes. Article VI (Trade Practices) 1. In order to avoid rate cutting, directly or Indirectly, each broadcaster or network shall forthwith publish and file with tne National Association of Broadcasters, as hereinafter provided for, a .schedule of a.11 rates regularly ond currently charged to advertisers for the sale of ita broadcasting facilities, together with all discounts, re- bates, refunds; and commissions allowed to such purchasers of such facilities or to their recognized agents, such schedule to be known as tho Rate Card. No broad- casting facilities shall be sold, andjio dis- counts, rebates ' ' — — -« bate, royalty, service, favor or any other thing or act of value for performing or having performed for any broadcaster or .network when the' purpose is Intended to Induce such person to sing, play or per- fcrm, or to have sung, played, or per- '^qrnied anv works published, copyrighted, or owned by any music publisher.. 7. No broadcaster or ' network shall Jmowingly permit the broadcasting of any advertising of or Information concerning any lottery, gift ■ enterprise, or slmllor scheme, offering prizes, dependent In whole or'In,part .upon lot or chance, or any list of the. prices.drawn or awarded by mean& of such lottery, gUt enterprise, or scheme, whether said list contains any. part. or all of such prizes. .; 8. No broadcaster, or network shall use any subterfuge to frustrate the spirit and intent of this Code. • Article VII (Adini istratlve Provi sions) .1.'-. In order .to ald In the administration of this Code, th6.Board of Directors of the Nattonq.1 Association of Broadcasters shall haVe the power, fqr the purpose' of local administration, to divide the country Into districts, and to appoint, from its members or otherwise, local committees.for the car- rying on. of Its work .in such districts, and to delegate to any one or more of such local committees any of its duties or pow- ers hereunder. 2. It shall be the duty of the Board of Directors— a. To- require from any broadcaster or network, and such broadcaster or network shall be required to furnish, reports as may be prescribed by afllrmatlve vote by two-thirds of the Board voting, in such form and substance as the Board may di- rect. Any false report knowingly made to the Bqard shall. be deemed a violation of this Code. b. To establish as soon as practicable system of uniform accounting for the broadcasting Industry. c. To prepare and submit to the National Recovery Administration, from time to time, such'amendments or modifications of this Code as may appear desirable to effectuate, the objects of Section 1. Title I of the National Industrial. Recovery Act d. To recommend such, further regula- tions as may be necessary to carry out the provisions of - this Code. e. To represent the broadcasting Industry In all matters between the National Re- covery .-Administration and the broadcast- ing Industry.. f. To receive Ond. investigate complaints of violations of this Code charged against any broadcaster or network subject thereto,- and to report thereon If deemed advisable to the National Recovery Administration. Article VIII (Radio Act of 1927 as 'Amended) Pillsbury Flour Mills has tak«n over the Irna Phillips serial, 'To- day's Children,' for a minimum run of 13 weeks on NBC's blue (WJZ) link starting Monday (11). Install- ments for every mornihff of the week but Sat. and Sun. will come from Chicago and get a release over 26 stations In the east and mid^west. Script made its debut' oni'W^IN, Chicago, about three years ago. Pillsbury on the same day (11) starts a three mornings a week series over CBS, using 21 Stations for talks byi. Mary Fellls Ames on home economics. Coal Co; with Dramas Jeddo-HIghland Coal Co. makes its debut on the airlanes Sept. 14 with a program directed at kid and adult attention. It's contracted, for three evenings weekly on five NBC stations in the east and one in Canada, CRCT, tO regale 'em with dramatizations of classical yarns Of 'Treasure Island' genre. N, W. Ayer is the agency. Mex Tenor at Noon The President- of the United .States may, from time to time, cancel or modify any 6rd<ir, approval, license, rule or "regulation issued under Title I of the National Indus- trial Recovery Act. ^ •■ ■ Nothing: In this Code, however, shall be construed as authorizing or consenting- to the Imposition of any licensing require- ment on broadcasters other than those Im- posed by the Radio Act of 1027, as amend- ed, or aa permitting or consenting to In- junction proceedings which would restrain the operation of any broadcaster or net- work, or as requiring any broadcaster or network to violate any provision of the Radio Act of 1027, as amended, or as a waiver of any other right under the Con- stitution. Article IX (Amendments) Tito Gulzar, Mexican tenor, de- but on a CBS Sunday noon loop Oct. 1 for the maker of the Btluo household. products. Harp trio will furnish the musi- cal background. . Frank Presby agency placed the business. New Business (LOCAL STATIONS) Los Angeles Slavick Jewelry Co. Daytime spot announcements. KNX. (Chet Crank. ^^International Bil>le Btudenta. (Jeho- vah's Witnesses). Oct. 1-8-15 part of national hook-up from Brooklyn, ^'p^so^C^'centrates, Five days a week for 15 mlns., extended from two. 'The Guardsmen,' male quar- **WeaiSr' Jackson. Increased from two 15-min. periods a week to three. Richard Davis, tenor, KNX. Bussman and Wormser, Tues.-Fri., lios Angeles, Sept. 4. The old film idea of going'into » town and selling merchants on get-, ting the town amateur actora to a,p- pear in a picture has been trans-, fei-rcd to radio. Stations here arft picking lip aidditional revenue by utilizing unpopular daylight hours for this scheme. As v^orked air salesmen picK^ towns, without broadcasting sta-^ tions, within a radius of 50 miles. Merchants 'are sold on the idea oi buying an hour's time" to be filled by home town talent with the as- surance to the advertiser that vir- tually every family will be listening to that station on the specific hour to see hoW their own kids and their neighbor's make but before the mike. In cases where the town is moro^ than 25 miles away the talent is brought here for the broadcasta» but in nearby suburban territory the one time programs are-- rerngted from a theatre or hall. In one town a theatre, not run- ning matinees, - was used for the broadcast with free admission. Theatre was also in on the scheme offering 25c tickets for 15c for those coming into the house and who wanted to see the evening show. English Radio Goes to Stage for Its Talent liondon, Aug. 26. The British Broadcasting com- pany e'Vidently is of opinion it can-, hot come to any-agreement wlth "^ General Theati'es for the use oVV^^'- latter's booked artists. They have, therefore, entered Into an agreement with Charles Cochran, Andre Chariot, Julian Wylie and others to furnish them with entertainment, most of which would be culled from stage produc- tions. The new, arrangement follows upon the refusal by George Black, general manager of General The- eCtres, to permit Evelyn Laye. at the London Hippodrome in 'Give Me ■ a Ring,' to broadcast in th© B. B. C.'s • presentation of ?Waltz Time,' her recent film. It Is hereby provided that supplementary. ntationa on coast. DOn Lee chain or additional provisions, modifications, and 10 Btauons '-"rr''T,-rif Mellowed Amendments to this Code may. from time Previously only on ^"^fr ^£*®*i2rLc| to time, be submitted by the Board of pij I j^el^^ Norman Nellson, nazei rectors of the National Association of Broadcasters for the approval of the Presl dent of the United States. Parent Group Squawk Sets Kid on Air Program Vaude Act on Beer Hollywood, Sept. 4. Following numerous protests by California Parent-Teachers associa tions that local stations are not glv ing children a break on the air, 36 flve-mnute transcriptions ^Olohe Outfitting Co. Thr^e 15-mln periods a week, popular records KFVD Crazy Water. Mon., Wed. and Frl 15 mlns. Don Vincente. organist, string orchestra and Tom Wallis, baritone, KMTR. tn 7-45 Beechnut Packing Co. 7:30 to 7.46 nm Mon.. Wed., Frl., discs. Red Davis, sStmg Sept. ;55, KNX. (Mc- Cann-Erickson). Charlotte, N. C. WBT: Procter & Oamhle (OxyooUi San Francisco, Sept. 4. Ryan and Noblette, from vaude," have landed on NBC's second beer account placed by Safeway Stores on the network twice weekly, be- ginning Sept. 8. Stores will maintain Eddie body on another program; to the groceries. Pea- KFWB Is putting a kid program on refunds "or" commissions I daily for which it will accept no In- 60 allowed, otherwise than in exact accord- ance with such Rate Card, except that, un- der conditions not specifically covered by the Rate Card, sales of broadcasting ■facili- ties may be at special rates, provided a full written statement of such conditions and of all such rates is immediately filed with the National Association of Broad- casters, which Association shall be authw- ized to publish such statement In full. No Rate Card, or rate charged thereunder, shall be modified until thirty days after the filing with the National Assoclat on of Broadcasters of the Bate Card with the proposed modifications. Any granting of riiBcounts. rebates, refunds, commissions.. S"tles, free tihie (other than legitimate program announcements), or any other commercial broadcasting service not pro- vided for In the Rate Card and in the con- tract entered into thereunder or not cov- ered fully by specific report to the Na- tional Association of Broadcasters, and any business done on a cost per Inquiry come and will let the association act as censors on the material. Dubbed 'Play Time Lady,' pro- gram will. have a young woman story teller, with yarns aimed at kids of 6 to 12. Dallas Agency's NXBranch Tracy-Locke-Dawson, Inc., ad agency with headquarters in Dal- 1 three a week las, has established a branch office in New York so that it can main tain close contact with the radio Boap and Glycerine Producers, evening announcements. Chevrolet, daily announcements, Benjamin Moore i'qints, renewal for 13 quorter-hour prograntis United Remedy (Kolor-Bak), dally announceniehts for one year. Prophylactic Brush Co., 13 an nouncements. ~-r Dix Rub Co., 52 announcements, three weekly. , . Crazy Crystals, two 15-mlnute pro grams a day for 52 weeks. Knox Co., 15-mInute disk show once weekly for 13 weeks. Pontiac, 26 five-minute recordings Seattle National Carbon. Prestone anti freeze, 36 50-word evening announce or pewentage ba8^s,_ Shan be deera^^ | end of its ConUnental Oil account. | n^gnts, starting Oct. 23. KJR trade practice within the meaning of this j g^jj^g^^i^ Conoco is going to use on '"js'^'ffl) Acency commissions, not exceed- ing fiftien per cent, and an additional two pec cent cash discount, may be allowed but such commissions shall be paid only to recognized advertising agencies. (b) Further oommisslons totaling not more than fifteen per cent may be allowed Don's Sea Food, started Aug. 30 NBC this fall hasn't been settled. I indef. KOMO and KJR. Nor has the program been picked. O'Neida Co., start Oct. 30, 100-120 ^ For the past two season? the oil word announcements, twice daily has been I P-"»- and evening xrr^iwo in as sales commissions. (c) Provided however that nothing this Code shall be so Interpreted as to pro- hibit or limit the payment by a broad- cnstcr or network of sales commissions to any regularly employed salesmon or sales ?rprfsentatlve acting as his agent an<l ffing In this CddC Sirall, IniP/^'r /he va- lidity of any contract for the sale of broad- i,,»(,-nP facilities cntcrcl nto prior to the distrib's network space filled by Carvcth Wells, explorer and author. Dramatized True Stories KOMO. Baker Fur, every Suhday evening, spot announcements, started Aug. 27 KOMO and KJR. Br. E. W. Kcnyon, program 'Church of the Air,' 15 minutes, four time weekly, KJR. or network, or indlrertlyl "shnll sell or furnl or special recordIrtKH. mernry ^^^ . ^^^^^ ^^^^ j,'J Siauoi » a1 C (WJZ) web involved. broadcaster or network oi A. C. Gilbert Co., maker of elec- trical toys, starts its pre-Christmsis ballyhoo on NBC Oct. 29 with a dramatized affair tagged 'True Kji- ?;irtooring Stories.' It's for 15 minutes Sunday aftcr- wlth 29 stations on the blui Cincinnati Beechnut Packing Co. Starts Sept 25 with Mon., Wed. and Frl. nif,'ht 15-minutc spot.s over WLW. Styled Red Davis and concerns typical American boy in his teonH. Mate rial, by Elaine Carrlhgton, to be broadcast by station's talent- Coast Changes Washington, Sept. 4, Federal Radio commission con- sented to voluntary assignment o£ license of three Coast station. KGA, Spokane, Wash., goes from Northwest Broadcasting System, Inc., to Louis Wasmer., the lessee, western Broadcasting Co., of Port- land, Ore., turns over KEX to the Oregonian Publishing Co. KLX transferred from Tribune Publish- ing Co. to Tribune Building Co. HOBBOW GOES F.A- Pittsburgh, Sept. 4. Lynn Morrow, for the last three years radio editor of the 'Post-Ga- zette* and WWSW'fl newscaster, has resigned to go, With KDKA to do publicity and sales promotion. He succeds Percy Boyd, who has been doing the air station's press work since KDKA was founded. Morrow's successor on the 'Post- Gazette* and WWSW Is Darrell Martin, until a year ago radio editor of the 'Sun-Telegraph,' Hearst dally. For a while Martin ran a local radio weekly, which folded in a short time, and lately has been doing free-lance work. AUTHOBS TO AIB PLUG NBA Hollyivood,- Sept. 4. Rupert Hughes, Edward Rice Burroughs attd other name authors on the coast will be on KFWB, daily, in five minute programs plugging NRA. .Stunt put over by George Thoma.s, V/amer studio p. a. in tie- up with Writers' Club.