Variety (Sep 1938)

32 VARIETY RADIO Wednesday Sepleipber 7, 1938 AWOL COMMISSIONERS I IIIIIMIIMMMIIlillMI I MM I II. > ,; m^TXnl F. C CVWASHINGTON DOCKET i ' MM III III ♦ I I « i ♦ I M M ■ M M M M ill M I M l I M M I M < * M * M MM I September chores for. sun-tanned ; EXAMINER'S REPORTS Commissioners who-^wUh a couple: ; oncwRl of license for. wjxrq. New ej- Of exceptions—have been ducking ford CX p cr | in ,,ntcr. recommended by Examiner Robert U. their responsibilities during the Irwin because of Interesting listener-survey now being con- Washington dog-days-outlined as ^^^ g %XTin.ntw: smoo. »W ,bd «oo k«. follows: I proposes 'to'Yry OMt various t ypes : of anTeiina and moko olner (1) Motions, pleadings and other | equipment changes in on effort to usefully employ the ultra- procedural matters will be toW:^ u " —~ : c " w ••»»« steady listener as far away hs Parsons. Kans. • Station Is owner by E. Anthony & Sons. Inc., licensee or WNBH. and carries programs of the latter from 1 to a p.m. dally. Will put on publicity .eampal la local rag* owned by the corporation Willi a view; lo hopping the local populace io tho fact that the shortwovor Is broadcasting entortalriment. : Arthur W. Scharfo) appeared' for applicant. Missouri: Permission to operate two additional hours, with (4) All Alaskan matters, with the exception of licenses, either for broadcast stations, amateurs, ship and other operators, Commi loner Case. by Commi ioher Sykes, who has spent most, of the summer sizzling here. . I (2) License applications, following construction; applicants for time ex- tensions, changes in equipment and other small technical matters, Com- missioner Walker. 1 „«»........ . ^ -. • . , ,,., , . (3) Uncontested Droceedines in- ' power throttled from 2'A kw. to 600 watts. Bliould be.gianted J unconjesiea proceeain^s in .; £ £ Q - g 3oaviih; accOrdlng-to a report by Examiner Melvln volving public convenience, neces- J; Daibers Sity, itc, or emergency wire service, ! Transmitter, sharing the '68.0 kc. ribbon with KPO, Snn fnmmi inner Craven i Francisco, would perform a more efficient service If allowed UOmmi loner craven. .1 ^ - on , neB , r un tll sunset In the California city, Dnlberg.. found. Now has to?slgn oft at sundown, local time. Winter broadcasts of KPEQ are sometimes shut oft as early as & p.m.; Dalberg pointed out,', but. operating on California time, station could keep going during: the summer as late as _, - 9-45.p.m. St. Joseph, an Important livestock and. grain enm- (5) All 'subjects' Concerning admin* munlty, would benefit by crop and market reports .which istration of riff circulars of the '° " 8,en '° Und ° r Commish adopted pursuant to Sec-| Son)0 Interference expected between KFEQ and "WPTF, tion 203 of the Communications Act,' Raleigh; N. C. report admitted, but this would prevail only r«mmicci/. n ar p,„„ e ' short time during the additional hours requested... Commissioner Payne. , kpe q was represented by Ben S..Fisher and Charles V. (6) All applications for aeronauti- ■vv ny i nn d. cal, aircraft, geophysical, motion pic-I Oregon: juice-Jump for KMED,, Mcdford. was frowned on Commis- by Chief Examiner Davis G. Arnold. Upplhg of the station's power from. 250 watts to I kw. would cause Interference to two Canadian stations—CKMO and CKKC—Arnold found, and demand for Increase Is not sufficiently within the public Interest. Plea was .based on need for ah extension of the frost warning, service, broadcast by KMED to local pear-growers, and upon the probability i that national advertisers, Including American Tobacco Co., D * I <D IJ «. f General Motors, General Foods and General Mills, would be KPQnV HI LUX iMl(lD(lt6 i Interested In buying time. WUUJ UI UU V«UU|H*aV I Clarence c _ Dili nnd j al i_: — I of the applicant. i Puerto.Rico: V.t.iy ideas of Juan izn. San Juan, as to ! what he would do with It If lie liud It. drew a recommenda- tion' for denial- on his pica for-'an experimental broadcast' station to be operated, with 1 kw, on 4797.6, 6426, and 8656 kc. -Applicant, who owns tatlori WNEL, San Juan,was 'unable or unwilling to offer any statement as to the general objec- tives of his'application other than that his Intention was to experiment'arid find out,' according to Examiner R. H. Hyde. Co.. Inc., New York, present license extended on temporary basis, only to Oct. I. pending action onapplication. Ohio: WCLB. Cleveland Radio Ilrondcastlng Corp.. Cleve- land, granted'renewal of ilccnso for the. period Sept. 1 lo arcli K Ohio: Sprln eld Broadcasting Corp., Springfield, applica- tion for new'station to be operated op 1310 kc with 100 watts dismissed without prejudice on applicant's request. Pennsylvania: WJXAUi WCAU Ilrondcastlng Co., Newton Square, granted modification, of.-license to add frequency 10270 kc. In addition to the frequencies authorized in exist- ing broadcast station; A VP EN, William Penn Broadcasting Co.. Inc.; granted renewal of llconse from Sept: 1 to.March. 1. . I'trili: Midwest Broadcasting Corp., Provo, application for new station to be operated on 1.210.-kc wllh. 100 watte wlth- 'drawn without prejudice on applicant's request. >uth Dakota: KUSD. University of South Dakota. Ver- illlon, present license extended tompornly pending dctermlr nation of application, .for period ending Oct, 1; .WNAX, WN'AX . Broadcasting Co., Yankton, granted renewal of license'on temporary basis only, subject to Goinmlsli actjon: on. application for renewal. ■ Te ' a:' KIUN,'- Pecos Broadcasting Co.. Pecos, .granted re- newal of- license for period e Ing Jan. 1;? KFDM, Sabine Broadcasting Co., Inc., Beaumont, present license further ex- tended'on temporary basis.only tor 'period of three months. West Virginia: WMMN, Monotigaheid Valley Broadcasting Co.,- Fairmont;: granted. license renewal on temporary .basis only, subject ..to Commis!) action on application, Wlseonslo: WTMJ, The Journal Co.. Milwaukee, granted . renewal of license ■ for period Sept. 1 to March lj 'WEAU. Central Broadcasting Co.. Eau Claire, granted .renewal of license for'period onding Kcb. 1. tures, airport/police, sioner Brown, DeK Witt Act With in Lux Hollywood, Sept. Cecil B. DeMllle, producer-.' narrator of Lux airshow, will take an acting part in broadcast Sept 26 of 'Seven Keys to Baldpate.' Jack n j. „ r r i„i H . n ,A. n ua.. a expertmenc. ana nna out, according-10 bxiuiuncr .n. n. nyae. Benny and Mary Livingstone have Has retalnod a New York engineering consultant to super- the leads. Marks first thesp role for DeMllle since he played part of the faro dealer in the picturization of 'The Squaw Man' 25 years ago. Ed Beloin and Bill Morrow, io writers for Benny, will collab with George Wells, Lux scripter, on. the 'Baldpate' continuity. vise the jproject by remote control. Testimony nt the hearing developed that much of the pro- gram material would be drawn'from Flza's'existing trans- mit; . with Examiner Hyde apparently, suspicious that the proposed DX-er would be used primarily to get the jump i,n WKQ. Fizz's only Puerto Rico opposition. After study- ing Ihe proposition, examiner concluded that, applicant's 'plan of cxperlmentatlcn, s.6 far as disclosed by the evidence, Is dimply to broadcast programs and have observations made of the tranihilsslon and reception ot same.' Not enough reason, to grant an eX>o> hnehta'l license, Hyde ruled, i Slmer W. I'ratt wus retained by applicant. MINOR DECISIONS ; Alabnnm; .'BIIP, "Wilton Harvey Pollard. HuntsvHle, present )kence further extended on temporary bnsia to Oct. 1, pending determination on renewal application; AVJRD,- Jarnea R. Dohh, Jr., Tuscaloosa, extension of present license to Out. 1, pending Commish decision on pending renewal application. Alaska: KOBU, Ala»T<a Radio m. Service Co., Inc., Ketchl- Rathborn Hypoes Philly AG A on New Constitution Philadelphia, Sept.. 0. Mervyn Rathborn, international:; prez of the American Communica-: tions Assn., CIO panelmen's organ- I ization, urged the Philly local at a! meeting Friday night (2) to vote for 1 <<an, present license further extended on temporary basis to accentflricp of the npw Ar"A rnn<sti. \ 0>:t ' Pending determination on renewal; KVCJU. Anchor- acceptance OEine nc\y AVA consil-, >w Radio Club. Inc., Anchorage, granted renewal of license lUMon, .KaUlDOrn came over from"■ on temporary basis only, subject, to Commish' action on' New York for the confab; first time Pending renewal, application, he has addressed the radio en-I Cullfo lat KMTn Radio Corp., Los Angeles, granted, re- gineers here. ' i n °wal of license .for the period Sept. -1 to March ACA is now hesotiatine with 1 Connecticut: WBLI, City Broadcasting Corp.. New Haven'. TOOAM raJSSl JSrSSn ' a ill \ »">«•»«> " cenae extended on temporary basis only, for'period WIAM, t-amaen, ana Wi*ls, Atlan- ending Oct. Impending determination On renewal application; WBRY, American Republican,' Inc., Waterhury, present license extended' further on .a temporary .basis only for a period .of three 'months.' Georgia: WGST. Georgia S<hpol of Technology. Atlanta, granted renewal of license .for the period Sept. 1 to Dec.-.l. Honolulu: KGU. Marlon A. Mulrony & Advertising Pub- lishing Co.. I.id.-, Honolulu, granted renewal of license for the period ending Feb. 1. % 1 llllnsls: Mutual Broadcasting System. Inc., Chicago, ; granted extension on. temporary basis only.', nnd subject to tic City, where knobtwisters are all organized but have no contract. Talks will get underway soon with WFIL, whose contract expires Nov. 1. B-S-H'i 2 Serials New serial, 'Young Widder Brown,' will late this month begin airing Commish action on pending application for continued author- five times weekly over NBC red for ' lty 10 lrnnarnl « programs to CKJ..W, stations : owned and nve times. weeKiy over WBt, rea lor , operat( , (1 bj . CHnH( n an Broadcasting Corp., and stations II- Cal-Aspirin and Haley s EmO. censed by the Canadian Minister of Transport, through the facilities of the American Telephone &■ Telegraph Co. I Kansas: K\VBO, W. B.. Greenwald, transferor; John T. Harris, transferee: Nation's Center Broadcasting Co.. Inc.. licensee; application for . transfer of control of corporation, John DeWlU,. who scripts the heretofore set for hearing, withdrawn at applicant's request. B-S-H 'David Harum' for Babo. has : „*-»» , "i»»«:. Kmlb, i.mer's lnoadcasting station, inc. „,,;»i__ »u. 1 Monroe, granted renewal of license for period ending Dec. 1; taken Over the writing of the same WJBW. ohar.les c. Carlson, New Orleans, present license agency's' rs. WiggS Of the Cabbage further extonded on temporary basis only for period of 3 Pat £/» ^1 A En i liSh ^ H ' WACM. Aroostoo, Broadcasting Corp.. Pre.nu. Succeeds Robert Andrews, Who COn- 'Isle, granted rene««; of license for-perind ending Jan. 1. Blackett-Sample-Hummert is pro- ducing the show, in. 15-minute epi- sodes. tinues on Bisodol's 'Just Plain Bill' series, also for B-S-H. HEW DET. ANN0MCEBS Detroit, Sept. 6. New additions to announcing staff at WJBK here include Charles Mc- SET FOR HEARING Cullforulu: KGCC. Golden Gate Broadcasting Co., San Francisco, assignment' of license to'Golden Gate Broadcasting Corp. ta newly organized corp.) and. voluntary assignment of construction permit from Golden Gate Broadcasting Co., Robert J. Craig, to the new corporation (transmitter has -already, been set do\yn for hearing on program .complaints Involving lottery broadcasts,' medical programs.and dubious political talks aired from Its studios). Illl 1st WJBC, Arthur Malcolm McGregor and Dorothy Charlotte McGregor, Bloomlngton, Increase time 'of. opera- tion from sharing with WJUU Decatar, to unlimited; WJBL, Commodore' Broadcasting, Inc.,.-Decatur, change-.frequency' from 1200 to 1310 kc, boost day power from 100 to 260 watts, change operating, time from shsrlng with WJBC to unlimited -and Increase height of vertical-radiator (contingent on'grant- ing application of WBOW, Terre Haute, Ihd., for frequency change to 1200 kc). ' Illl Is: The Moody Bible Institute Badlo Stutlon, Chicago, new- non-commercial ■ educational station to be operated on A-} emission, 41300 Kc. with 100 watts. Indiana: WBOW.'.Bonks of Wabash, Inc., Terre Haute, move station locally and'change frequency .'from- 1310 "kc to 1200 kc. Iowa: WHO. Central Broadcasting Co., s Moines, special experimental authority to install new equipment for 600 kc, subject to approval of the Commish and to Increase power to C00 kw. from 50 kw. (to be heard before the Com- mish). New York: WCNW. Arthur Faslte, Brooklyn; renewal of license (temporary license granted pending hearing); Ohio: WTOI,. Community Broadcasting CO., Toledo, change ours ot operatlou from days to unlimited, using 100 watts. BAYUK RENEWS ON IWUTUALFOR15 WKS. Mutual was flooded with tobacco leaf this week with Bayuk Cigars renewing for 15 weeks starting Sept. 13 and making raft of time changes throughout net and time al- terations on Sensation and Bugler cigarets (Brown & Williamson). Bugler's 'Plantation Party' in- creased time to add station WOR, N. Y., to its collection, while Sensa- tion changes to 7:30-7:45 p.m. Tuesdays, and Thursdays, oh WOR CKLW and WLW. WBAL and WOL pick up only on Thursdays. Colonial net in New England re- mains unchanged. Bayuk changed everything but regular announcers Sam Baiter and Jack Stevens. Latter handles New England stations, while Baiter takes oh from there. Schedule now in- cludes. WOR, WFIL, WRVA, WCAE WKBW. WSYR, WHK (Tues.-Thurs- Sat.); WGN, KWK (Mon. through Sat.) ) and WLW,. Mon. through Fri- day. All go on at 7; 45 for 15 min- utes. KHJ, KFHC, KGB and KPMC take it Tuesday, Thursday and Saturday, at 10:15-10:30 p.m. NEW APPLICATIONS Artsoha: KCR.T, .Charles'c. RoblnBon, Jerome, voluntary assignment of .llcen.se to Central Arizona Broadcasting Co. Arkansas: KOTN. Universal Broadcasting Corp., Pine Bluff; change hours from days to unlimited, using 100 watts. California: Larry Rhine, San Francisco, new station to be operated on 1420 kc. with 100 watts (requesting facilities of KGGC,- San Francisco): orlda: Panama City Broadcasting Co., Panama City, new station, to be operated, on 1200 kc. wllh 100 watts nights, 200. watts day j, . Illl Is: WCBS, WCBS, Inc.. Springfield, lncrense power from 100 watts nights, 250 watts days, to 1 kw. all times. Kansas: KGKO,. Dodge City Broadcasting. Co., Inc., Dodge City, Increase power from 260 to 000 watts. Maryland: WJEJ. Hagerstown Broadcasting Co., Hagers town,'Increase day power froth 100 to 260 watts. Monta : KOVQ. Mosby's Inc., Missoula, change night .-power from 1 to 6 kw. North Carolina: 'WEED, William Ayera. Wynne, Rocky Mount, change - time' from unlimited days, sharing with WCHV, Charlottesville. Vs., to unlimited. New York: -The Niagara Kalis Gazette Publishing Co.. Niagara Falls, new. station to be .operated dayso'nly.on 1260 kc. with' 200 watis; Bamberger Broadcasting Service, Inc., New York, license to use the equipment of W2XJI for a relay experimental broadcast station on 31100, 34G00, 37.600 and 40000 kc. with 100 watts, A-3 emission. Texas: Sweetwater Hadlo, Inc., Sweetwater, new station to be operated daytimes on 1210 kc. with 260 watts; KGKO, Wichita Falls 'Broadcasting Co., change name of licensee lo KGKO Broadcasting Co. Virginia: -WCHV, 'Community Broadcasting Corp., Char- lottesville, .change .hours of operation from unlimited days, sharing with WfOBI), Rocky Mount, N. C.. nights,-to -un- limited. Isslsslppl:. -WCOC, Mississippi Broadcnstlng Co.. I tic'.. Meridian, present license extended on temporary basis only to Oct. 1. pending determination renewal. Mlssoarl: KC.DX. Springfield Broadcasting Co.. Springfield, request for 1230 kc with 1 kw. heretofore set f6r hearing, dismissed with prejudice (application. for withdrawal re- ceived -less than 30 days prior to hearing). Missouri: KSb. Pulitzer Publishing Co., St. I.ouls. granted withdrawal, without prejudice o( application heretofore set for hearing, for .extension of special experimental authority to Operate facsimile station using' 550 kr. with 1 kw.; KFUO. Laughlih, formerly with WGN and Evangelical Lutheran Synod of Missouri, etc,, Clayton, pres- WMAO rhioaffo u/h'o rpnlacpc Ed ent license extended' on temporary basis only until Oct. 1, r ■„ V ?»■■■'. ~ i replaces ta p<!n< u„ tf Rct lon on renewal application; KSC. Pulitzer Pub- LiOngwell. Latter left to take post in llshlng Co., St: I.ouls, present license Extended temporarily Indianapolis. until Oct. 1, pending Commish action on nppllratlan. Newell Davi<! fornipHv with' Nelirnaka: WAAW. Omaha Grain Kxchnnge.■ Omnlin. ap- rieweii ^ayis, lormeriy WlUl pucntlon for trahsfer of control of corporation, heretofore set WMCA and WOR, Newark,, takes for hearing, withdrawn without prejudice at request of ap- place of Don Wille: who moves into pi'cant. continuity' denBrtment tn writ* nn 1 WOAV. Woodmen of the World Ufo Insurance continuity aepanmeni 10 write an So( .| etVi Omaha, present license extended on temporary busi hour program. to Oct. l, pending action on renewal application. New Jersey: WPG, city of Atlantic City, Atlantic City, application, for frequency change (1100 to 1130 kc). and un- limited hours dismissed'without prejudice. New York: WOV, International Broadcasting Corp., New ; York, application for switch from O30 to 1100 kc. and un- limited operation dismissed without' prejudiced. Columbia artha' in Chi Chicago, Sept, 4. Last seasons test Of . Lem and Broadcasting System, Inc., New York. gr«nled extension of Martha' Comedy show on WHO, Des authority to transmit programs to Canadian Stations' CFRB Mninpc turnerl nut <:n urpll for fish, and CKAC and stations of the Canadian Broadcaatlng Cor- jnoines, lurnea out spweu ior wsn I)orfttlon for B perlod of ull montlw from' Sept. K,; National KOSh- overalls, RUthrauR & Ryan Broadcustlng Co.. Inc.. New York, granted extension of ex- Bgency Is bringing it into Chi this Istlng authority for period of-six months from' Sept. 15 to csaenn onrf nnttlnp It on WMAO transmit to Canadian stations CFCF. CBN and other stations season ana puiung m on : wwiaw, lmiler cnntI . 0l ot the Canadian Broadcasllng Corp. by means starting with- the change back, to 0 f wire lines furnished by a. 't. a T. Co. (also granted ex- standard time. tension of existing authority for the same, period to deliver will u. . »ttrAa.« -il .M. t n programs to all broadcast stations under tho control of the Will oe a inree-BTWeeK , nae m Canadian Broadcasting Corp., that may he heard consistently 15-minute platters. In the United SUtc«>;.; WMCA,' -Kntokerbofker Broudcustlna' MAJOR DECISIONS I>oulsluna': Ambitions of KMLB, Monroe, to become i regional, were dashed when 'Commish' ruled that the- ap- plicant had failed to show the existence of public heed for the change. Station, which now uses 1200 kc with 100 watts nights,. 260 watts, days. Is rendering a purely local broadcast service at present and offered ho testimony that programs would be changed to satisfy: a wider audience, Commissioners pointed, out. Request for the 620 kc channel also would mean Interference with a station at Wichita Falls, Tex., whose '.construction recently was authorized by the F.C.C; Considerable difference of opinion between KMLB's en- gineering witness and Commish experts over present' and future oovcrnge cf the station, ljnih days and nights. "Applicant has failed to provide an accurate busls upon which the. commission could compare the' areas'/now being served with day and nighll » service w|th those which ap pllcant might-be expected lo jaerve.'operating as proposed, according to Commish findings. Also charged that Irans- niiiter 'would not have the nlghtlme coverage claimed for It by Its own .engineering witness' and that mutual Inter- ference would result between KMLB and the Wichita Falls station, which plans to operate on the same frequency. Liner's Broadcasting Station. Inc.. licensee of KMLB, was represented by Frank Stollenwerck, Mkrhlgun: New daytime station for Grand Rapids-ash canned, by the Commish liecause of probable scrlmm Tnler ference to WKAH. State-owned station In Bast Lansing. Ap plication of Leonard A. Vcrsliila for a 600-wattef on 830 kc wne vigorously opposed by WKAH, and by WASH and WOO . of Crand Rapids, wllh Commish deciding that too much disturbance would, result to warrant grantln FCC'sAbout-Face (Continued from page 29) or offered opportunity to present ob-' jections. The only logical conclusion which may be reached is that the Commis- sion intends ultimately to deny ap- pellant's application; but that it could not do so under the procedure pro- vided, by statute, and that it could not conveniently and successfully prosecute revocation , proceedings,' Black: River spokesman charged. 'If it does not intend.to deny the appli- cation, why should it order a second hearing? If, on the other hand, the Commission intends to grant the ap- plication again, why should there be the expense of another, hearing? But if it should grant the application again,' what will prevent another set- ting aside of the grant and a dupli- cation of the present procedure? 'There, is no way for the, appellant to. prevent numerous repetitions of the present procedure except by pro- ceeding in equity as it did in this case. There would be no point in appealing to this court from a. grant of its. application, . even though it could, do so under the statute: And it cannot appeal from a mere order setting aside a grant and ordering a hearing de novo. If the Commission should repeat such action many times, it could easily discourage an applicant or render it financially unable to continue.' SI I r Case Issues in another si. ilar case aimed at the Commission's disregard for precedent were clarifled also last week. Brief of Hannibal ( o.) Courier Post raises the question whether the Commish can interpret testimony differently than its exam- iner. Central point-in the Hannibal case —where the paper and a rival appli- cant both were turned down because of no need—is the statement in Com- mission decision, conflicting with the examiner's conclusions, that the town already receives ample service. While the examiner held there is definite ne for local coverage, the Commish nixed the request because, in its eyes, three other stations were doing the job. The evidence, according to the brief, showed that the only full tlme^ program service to' the city would come from the proposed newspaper station. Other nearby transmittera do not operate both day and night, or are not audible in all sections of town. This interpretation received support from the examiner. Primary service at night is provided solely by KMOX, St. Louis, which hits only residential areas and does , not give local fare; WTAD, Quincy, 111., and KSD, St. Louis, give less satisfactory radio entertainment. In contradiction of the examiner, the Commish held there is no need for a local Hannibal outlet since the town .'now receives primary broad- cast service from three stations, one of. which broadcasts- programs orig- request. Admitted, however, that testimony Vxisted^showlng mated hv ra«idehts ofHanrtibal. and that present serv ce received by residents of the Grand J?" .. Dy . feSltlen . K ■ " £^„v «>r- Raplds area Was 'not wholly satisfactory.' i that It also receives secondary set ( Decision Included plenty or back-patting for WKAR, * 11 — -* -*"♦'*"«" owned by tho Michigan Stale College of Agriculture .and Applied Science. Programs ol exceptional Interest to rural coverage: would he severely affected. If Versluls' plea were Michigan arc conducted hy the transmitter, Commish ob-. served, anil rural -coverage Would be severely affected If Versluls' plea were granted. Operation of the proposed! sta- tion on 830 kc would limit WKAR—operating on 850 kc—to Its .6 millivolt per meter contour and need for additional service In Grand uplds would not warrant curtailing, the 'exceptionally meritorious' service rendered to the. farm populace by the Bast: Lansing.station. Frank D. Scott nppoured for the applicant. vice from a number of- stations. Such findings were declared arbi- trary and capricious by the local sheet, which also complains FCC erred in not granting another hear- ing'and. refused to apply the same standards used in-other comparable situations. ■ Numerous citations were brought to show the alleged incon- sistency.