Variety (Sep 1938)

Wednesday, September 14, 1938 VARIETY 35 FCC Decisions On KGO, WMEX Open to Appeal Washington, Sept. 13. Path was opened last week for at- tempt to get judicial review of two recent FCC decisions, which- have occasioned much gossip and con- troversy. Last hurdle was cleared when the Commish turned down re r quested rehearsing of applications of KGO, San Francisco, for more wat tage and WMEX, Boston, for sky- scraperish jui jump. Without giving reasons, as is the Invariable custom, the Commish threw out by a split vote the Na- tional Broadcasting Co. petition for another chance to urge additional power for the Frisco outlet. An- other difference, of opinion came when regulators declined to reopen case which led to favorable action on WMEX plea for power jump from 100-250 watts to 5 kw. Com- ml ioher T. A. McCraven voted in the: negative on the first- proposition and Commissioner Eugene O. Sykes was the minority in the second. The KGO matter is of. widespread importance, since the opinion was the- vehicle for the Commi ion's expression of disapproval of leases, In turning down the application, the regulators not only declared; the web showed ■ no; need for more power, but indicated there may be trouble when the . lease between NBC and General Electric runs out Commissioners showed hostility to deals whereby station- owners let others run their property for a pe riod of years and then get the whole works back. The Boston case caused consi able- trouble, occasioning whispers of political heat when the examiner changed his view, on the financial ability of WMEX to shoulder the load involved. i building a new transmitter. Opposition came from the two Sheppard stations, WAAB and WNAC, which fear stronger Baron Elliott Vice Riley As WJAS, Pitt, Ofch Dir. Pittsburgh, Sept. 13. Baron Elliott has been named di- rector of staff orch at WJAS. He replaces Luke Riley, another ball- room maestro, who was handed post when union rules forced station to install a band of its own last winter. Elliott espects to take along most of his own personnel to the studio, dropping out of the dance field en- tirely. ■ Riley, who has been jobbing around in cafes and roadhoiises. for last few months, will continue doing that Daily Puffs KDYL On New Transmitter Debut . Salt Lake City, Sept. 13. Progress since 1922 of radio station KDYL, local NBC affiliate, was ef- fectively exploited in a special eight- page section in Sunday's (11) Salt Lake Tribune. Extensive praisery highlighted campaign on the opening of its new 5,000-waft transmitter to- night (Tuesday), when station will feed the Coast network a 30-minute show from its 450-seater Radio Play- house. Station; owned and operated by the Intermountain Broadcasting Corp., began its career in May, 1922, pow- ered at 50 watts. In 1925 the station Was acquired by. Sidney S. Fox, who. has been president and general man- ager ever since that time. San Francisco's NBC outlet will salute KDYL in two quarter-hour stints, sandwiched in between the local . dedicatory program; Featured on KDYL's portion of the inaugural airing will be U. •S. Senator Elbert D. Thomas,, Governor Henry H. Blood, Mayor- John M. Wallace and Don E. Gilman, v.p. in charge of Coast NBC chain. KDYL joined NBC in 1932, after affiliating with CBS. for several years. FCC'S BAR ASSN. PROPOSES VITAL CHANGES IN COMMISH PROCEDURE Would Remove Doubts, End Racketeering and Con- form to Procedure of Federal Court*—New Code Not Likely to Go Into Effect Before Jan. 1 competition, WCOP, another Hub outlet which feels it should get first crack at better facilities, and WLAC, Nashville, which is apprehensive about interference. Washington, Sept. 13. Series of vital, changes in the pro- posed FCC rules of practice and pro- cedure, one of them specifically in- tended to standardize handling of complaints against stations, were recommended to the Federal Com- munications Bar Association this week by the committee on practice. In the main subscribing to the ten- tative code drafted by the Commish rules committee, the Bar Association group advanced a host of suggested: phraseology changes, some complete substitute paragraphs, and a few en- tire deletions. Chief object is to re- move doubts, insure uniformity, end racketeering-and conform to prac- tices before the Federal courts. . Additional paragraph requiring the Commish to . give formal notice to licensees of complaints and criti- cism before issuing a temporary per- mit is the outstanding proposal of the lawyers, from the industry stand-, point Report 1 adds, language de- signed to bring a permanent end to the present confusion and worry by prohibiting the Commish from hold- ing a' club over the heads of station owners without giving some, idea of the reasons. . Bulk of the recommendations were in the direction , of giving more lee- way to practitioners, although some would go father than the FCC com- mittee in tightening up the system. Notable suggestion stiffening the rules would put a crimp in use of dilatory tactics and help stamp out- obstructionist methods that often cause infuriating and costly delay in getting cases through the Commish: Provisions covering, amendment and consolidation of applications should be revised, the Bar Association group, said, to prevent late-comers from putting a brake on the Commish machinery. Consolidation of pleas could be done only by formal order of the commission—not by exami-' ners or individual members—and not after - an application has been desig- nation by hearing, if the amendment is accepted. On the other hand, it would be pos- sible to make changes in applications or yank them back with greater freedom if the Commish follows the lawyers' ideas. With prejudice tag would not be tied to withdrawals after application went on the hearing docket, providing formal consent was given by the Commissioner presiding over the motion docket. Amend- ments could be filed after the papers were scheduled for hearing under the same circumstances. •> Would J^er Instead of lifting the veil from virtually all papers filed by appli- cants and licensees, the attorneys propose a change'which would per- mit the Commish, by formal order, to place veil of secrecy on certain documents. This would permit 1 , net- works to keep confidential their con- tracts with affiliates, for' instance, and allow seals- to go on contracts for station sales. Further modification of the. ex- tremely controversial 'two. year, rule* governing ex-attorneys of the Com- mish is desired by the profession. Less rigid ban is satisfactory but it should extend to former FCC law- yers, examiners and officers who sign up with public , bodies—such as state utility, commi ibns-r-as Well'as those who enter private pract'Ve. As proposed, lawyers takin/< posts with governmental agencies would not be foreclosed' from practice in cases with which, they were connected while on the Federal payroll. Less oierous provisions regarding exhibits, supplemental data, and financial statements are suggested, a point which would benefit many in- dustry members. Instead of allowing an examiner to demand further evi- dence, Bar Associationers would fix it so that only the Commission could exercise this right In place of semi- annual financial statements, the cbmr mittee suggestions would allow sta- tions .to submit reports for their most recent fiscal year with their license renewal applications and would not require dope on non-broadcasting ac- tivities. No necessity is seen by law- yers for insisting: that requests for construction permits s cify the ex- act location of transmitters. Formal- orders, not mere requests, should be issued when the jCommish wants ad- ditional info in connection with re- quests for consent to transfer control or assign licenses. Tighter control over those s cial temporary authorizations is sug- gested; Besides, getting.. the. consent of the dominant station on a clear channel or oJt. of other stations on the same frequency nearer than the approved separation, distance,, mana- gers seeking special favors would have to get approval of adjacent- channel plants which may be closer than specified for interference-free service. Ban on resubmission of applica- tions denied, defaulted, or dismissed with prejudice would be limited by the lawyers only to requests of the same general nature. While the Commish. apparently, had this in mind, , the attorneys wish the rule more precise, so an unsuccessful ap- plicant will not be foreclosed from asking for seme of r type of fa- cilities, such as television, facsi ile, experimental, etc. •re Tl More time to answer complaints about technical violations is sug- (Continued on page 38) Demand and Get Actual Station Coverage Data of the Denver- Rocky Mountain Region! KLZ provi established by field strength measurements KLZ has both wit Where people listen to is the liyest, ink i Local, along wit is the most effective, econo Mounu: UNDER AFFILIATED MANAGEMENT* WITH WKY — OKLAHOMA CITY AND THE OKLAM ey do—KLZ