Variety (Apr 1939)

Wednesday, April 8, 1939 RADIO VARIETY S5 ASHEVIIiEMAN CLEARED OF 'STIGMA' Washington, April 4. Long and desperate fight of Har- old H. Thoms, publisher of the Ashe- ville Daily News, Asheville, N. C, to establish his 'good character* with the Commish was won last Wednes- day (20) and a permit for construc- tion of a lOO-watter granted. Appli- cant's arrest and conviction in 1936, under an archaic North Carolina libel law, caused a turndown on the request in January last year, but U. S. Court of Appeals for the Dis- trict of Columbia entered an order remanding the application to the FCC for further hearing after Thoms filed an appeal. Commish denial was predicated on the single issue of applicant's character—assertedly blemished by conviction under the bewhislcered State statute which makes it unlawful 'for any person to publish in any newspaper; pamphlet, or otherwise, any article derogatory to any candidate for public office, unless such p'ublication is signed by the party giving publicity thereto and being responsible therefor.' Commish, in its reversal, reviewed facts obtained in the rehearing and cited favorable .examiner's report which followed it. Although no ex- ceptions were filed up to the ex- aminer's report. Thorns requested oral argument, held last December. Fol- lowing facts were brought out: Art Rush Resigns Hollywood, April i. Art Rush has resigned as head of Columbia Artists management and his post taken over by his aide, Mur- ray Brophy. Rush, who was formerly with RCA Victor as manager of its phonograph' record and transcription depart- ments, joined CBS two years ago. F. C C's WASHINGTON DOCKET MAJOR DECISIONS WAshlnffton» April 4. North Caittllna: Three-year battle of ICaroM H. Thoms. publleher of the AHbevllle Dally NewR, tn clear hlmnelf of 'character' charge arising out of a 1334 conviction under an ancient North Carolina Mbel Inw, Hucceanfully terminated when CommUh reversed an caiUcr declKlon and granted hie plea for a new station to be operated on 1370 kc with 100 watts. (See separate ntory.) Ohio; Extension of operating time for WTOL. Toledo, tentatively. approved by the Commrsh. TrnnamUter, now using 100 watts days only, on 1200 kc, will not change power or frequency but plana considerable program Improvements If It Is alloweil to operate nlghtn. Now devoting slightly more than half lin time to wax broadcantn, live talent will be omployed approximately 62% of the tline during the day operation and 84% of the time after 6 p.m., If plea Is granted. "WTOIi, which loRt money during Ihe first three months of operation but Is now making a Hniall profit, haa carried CBS Now York Philharmonic program Sundays aH Its only chain program—given at the station's own expen.se. Also has broadcast six night programs by Commish p<>rmlsslon. In- cluding a debate between two Senatorial candidates wblcta WSPD. Toledo, refused to clear time for. Station, owned by iCommunlty Broadcniillng Co., wan repre- sented by John M. Llttlepage and T. P. TJttlepage, Jr. Oklahoma: In another proposed finding (Commish Indi- cated satisfaction with the pi-opowil nf KTOK, Oklahoma City, to boost day power from 100 lo 2oO watts. 'While slight mutual Jnterferen'*e would occur between KTOK and KCRC. Enid—the latter being limited to Its ap- proximate 1.2 millivolt per meter conimii- nnd KTOK being restricted to Its 1.1 ditto—applicant sratlon'.s signal In- tensity would be Improved and a aiibnianilal number of ad- ditional persons would be provldtHl with a 'u.^eable signal' daytimes, Commish found. Stailun hnn ample each re- sources and only $75 would bo rcrjuii'rd for equipment changes. Is the only station in the town Identified with UBS. the Oklalioma Notwork and NRC'k blue network. Ben S. Flnher, John "W. Kendall anil Charles V. TVayland appeared for appllrnnt. Oregon: Soml-okay on the application of Mm. W. .T. Virgin (KMRD), Medford, handed down by Cotuml.sh after reversal of it:^ original denial. Station will be permitted to Jump daytime Juice from 250 watt.n to 1 kw but loses out on a plea that nighttime Increase be held in abeyance untU the North American Regional BroadcHKtlng Agreement becomes effective. Boutk Carolina: Two-way scramble for a .<ttatlon at Green- wood ended in defeat, with dlsml.sfial iind dcnUl of two applications for the coveted permit. Application of E. De- Vore Andrews and Mrs. Annie 1^. Andrews (Greater Green- wood Broadca^itlng Station} for a tran<rmlitcr to be operated on 1420 kc with 250 watts days, JOO watts nights, tossed out with prejudice after applicants ent<>red a motion to dismiss their application before an e.taminer recommended the ap- plication bo dismissed. KCore likely suggestion of W. A. Bnrnelte. for a 250-watter daytime atatlon on GIO kilocycle.^ wns 4lenled because ap- plicant aimed too high, In his re(iuei«t for a regional fre- quency which ho proposed to u.se polely for daytime service. Barnctte also appeared to be sufTerlng from a slight paucity of cash, although Commish declared that despite the fact he 'made a rather limited showing of money' available* it appeared that 'the likelihood of financial support for the station proposed la sufhclently apparent to warrant a con- - Btructlon permit.' H. I/. Lrf)hncs and E. T>. Johnslon appeared for the Greater Greenwood Broadcasting Station, with Paul I). P. Spearman an^ Alan B. David representing W. A. Bnrnelte. Waahlngton: Inadequate talent, plus lack of neresaary financial capital, disposed of the hopes of Inland Empire Broadcasting Co., Paitco, on Its application for a station to be operated on 1510 ko with 100 watts. Scanning assets of the company, headed- by Donald B. Honry, Commish re- mained skeptical of the ability of applicant to construct proposed $6,000 transmitter and pay IG70 monthly expenses.. Only 97,600 In the bank to build and operate the station, It was pointed out, G. Robert Huston and Frank Stollenwerck appeared for applicant. WIsooiulii-Lotilslnna-TenneMec: Three boosts and a fre- quency change denied to three separate tranHmllters In Wis- consin, Louisiana Tennessee. Scramble of Interference be- tween themselves and other transmitters wn.i the main rea- son for Commish chJll. Though each atatlon had a good alibi for Its naplratlons, service, clashes were deemed too Important to grant any of the pleas. In the case of Hearst Radio, Inc., Milwaukee (WISN). FCC predicated its denial principally on limitation of CKOC. Frultlandr Ont., to Its approximate 5.4 millivolt per iheter contour. In the event that applicant's request for a night Juice-Jump from 260 watts to 1 kw were granted. Grant would result in substantial curtailment of present service areas of existing stations, Commish found. Limitation of WJBO,-Baton Rouge, La,—one of tho three applicants—also would result, though In a lesser degree. Public need has been demonetrated for continuance of the present Interference free service area of WJBO by protection of its service area from curtailment by WISN, Commlah declared, but 'public need has not been shown for an addi- tional or enlarged service area.' Grant of the request for a booat from 600 watts to 1 kw (excepting Mondays from S to 9 p.m.) and tho granting of WISN's application would result In mutual Interference and a consequent llmltaUon to WJBO to Its approximate 1.6 millivolt per meter contour at night. It was stated. , Third application—of WAPO, Chattanooga, Tonn., was tossed out because of involvement with other stations and a considerable limitation of its own nighttime service. 'Operating as proposed station WAPO would bo limited to the approximate 4.3 millivolts per meter contour at nigbt, whereas, regional stations are normally expected to servo to their 1 mv/m contours at night,' Commish Bald. "Operat- ing an proposed, the daytime service area of Station WAPO would be considerably extended, but at night tho lulcrfcr- ence free service area may be extended In some dlrect'onH to serve more people In the aggregate, but In a southwest- erly direction there would be a substantial curtailment In the service area and persons residing In such portion of tho area would be deprived of service.' .Station had asked boost from 100 watts nights, 250 watta dayn, to 600 watts nights, 1 kw days, with frequency shift from 1420 to 1120 kc Attorney.s were John M, Llttlepage, William A. Porter, and T. P. Llttlepage, Jr., for Hearst Radio; John W. Guldor, Karl A. Smith and Lester Cohen, for Baton Rouge Broad- caatlng Co.. Inc. (WJBO), and Ben, S. Fisher, Charle.i V. Wayland and John Kendall for W. A. Patterson, WAPO. MINOR DECISIONS Alaska: KCBU, Kstchlkan, preuent license rxtonded temporarily pendInK determination on requoHt for renewal. In no event later than May 1. Mklilfcan: V/XYZ, Detroit, granted exlenHlon of authority to transmit sustaining programs from WXYZ to Canadian stations under supervision and control of Canadian Broad- casting Corp., through wire-line facilities of tho Michigan Bell Telephone Co., tor the period from April IG to Oct. 16. New York; Carman R. Runyon. Jr.. YonUerfl. granted license for new experimental broadcast station to be oper- ated on 8(000-401000 kc and above, experimentally only with 6 kw. Oblo: WKRC, CBS, Cincinnati, granted use of 6 kw for all daytime operation, using directional nntonna nystom. (Now operating on ke with 1 kw nights, 6 kw days, using 1 kw when WOSU, Columbia, operates.) LARRY FLYNN FILES FOR WAAB FACILmES Washirgton, April 4. Fight between John Sheppard, 3i, and Ijawrence Flynn, ex-employee of the' Yanke«-Colonial outfit, is on again. After withdrawing complaints which had proprietor of WAAB and WNAC, Boston, on the anxious seat for. more than six months, Flynn has bobbed up with an application for the 1410 kc berth occupied by WAAB, Sheppard's regional outlet which recently receivet" its renewal license after investigation of charges it was operated contrrry to law and in disregard of public interest. If the application (filed in the name of Mayflowe Broadcasting Corp.) is pressed, there will be an automatic airing of the complaint which Flynn filed a year ago, based on political conduct of the Sheppard management. Originally the Com- mish attorneys reported the squawk had apparent merit, so WAAB's re- newal plea was slated for hearing. Following lively debate, the Law Department backed down, Flynn yanked back his accusations, and the FCC was left no reason for not granting the-six-month papers, since its principal witness hac'. retracted. In order to obtain tlie Sheppard plant's assignment, Flynn will have to demonstrate it is not operating in the public interest or that he can do a better job for the Hub listeners. BOB GOODHUE'S NEW TIE Bob Goodhue, formerly with the radio dept. of the William Morria Agency, has a deal with the radio section of the Louis Schuri office. Shift was effective Monday (3).' For the past half year Goodhue was producing on his own and-in conjunction with Joe KoehlerV Ra- dio Events, Inc, N. Y. WKRC's local sponsors—the most important group of Cincinnoti firms using radio...a veritable blue book of prominent Cincinnati companies. BUY WKRC Cincinnati firms have a connplete understanding of the local rodio situation. So they buy WKRC Because they have found WK'RC ^Y'V* .eaches and sells grealer C:ncin- V,^ ^' nati s I 045,600 consu-r.ors M WKRC COLUMBIA'S STATION FOR CINCINNATI 550 Kiloq^clef. Owned and opisraled by Iho Columbia Broodcosllna System; Repr«tented by Radio Solet