Variety (Aug 1939)

to VARIETY RADIO Wrdiiesdaj, August 23, 1939 FCC Again Rebuked by Court; YankeeWebsProtestonWMEX May Usher in New Value Scale Washington, Aug. 22. U. S. Court of Appeals again slapped the FCC last week in a new decision. Rebuke came in decision which dismissed appeal by. Yankee Network from Commish decision granting power boost to Station WMEX, Boston. Northern Corpora- tion, operating WMEX, had been granted permission to increase juice to 5 kw, and protests from Yankee stations had been dismissed by Com- mish. Yankee then took case to Court of Appeals. FCC lawyers challenged right of court to hear the appeal, and argued that Congress, in the Cbrnmunicatiohs Act contemplated no right of appeal from Commish decisions granting rew or increased facilities when such appeals were based on claims of existing licensees that they were eco- nomically affected. 'One of the chief concerns of Con- gress was to guard against monop- olies and to preserve competition,' Commish said. 'It is difficult to understand,' Court decision replied, 'how this result could be achieved by deliberately or carelessly licensing so many new competing stations as to destroy al- ready existing ones, and possibly the newly created ones as well.' Decision was looked upon here as spanking FCC legal division for oft- repeated statements that existing li- censees have no legal right to appeal on economic grounds when new li- censes or boosted facilities are grant- ed for competitors. It is believed that economic factor in such cases, long belittled by Commish, will take on new and vital stature in hearings to come. ' 'While the Commission was large- ly occupied, in its earlier years, with finding qualified licensees and con- trolling electrical interference,' de- cision states, 'now a new problem has developed, which is just as im- portant as electrical interference and which the Commission must meet and solve. The : rapidly increasing number of stations and the resulting competition for advertising as well as program 'talent' has just as dan- gerous po^ibilities as electrical in- terference. The public interest re- quires not merely that a maximum quantity of minimum quality service shall be given. It competition Is permitted to develop to that extent, then the larger and more effective use of radio in the public interest cannot be achieved. Non-Revlewable 'The method of uncontrolled com- petition argued for by the Commis- sion in the present case is in fact one way of creating monopolies. If it were allowed to go on unre- strained, according to its theory df non-reviewable arbitrary power, n6ne but a financial monopoly could safely exist and operate in the radio broadcasting field. The Commission justified its action in this case, and justifies its contention in theory, by assuming that if a chain, operating several broadcasting stations, or a company which owns both news- papers and broadcasting stations, is able to carry one of them financially, even though the latter station is not j able to support itself, then the lat- I ter connot protest against destruc- tive competition. The result of this policy might well be to destroy or frighten from the radio broadcast- ing industry any Independent sta- tion attempting to operate on its own resources; and to leave in the field only monopolies which were suffici- ently supported financially to with- stand the destructive competition which might result from arbitrary, careless action upon the part of the Commission in the granting of new station licenses.' Decision dismbscd the Yankee ap- peal on ground that protesting sta tions had failed to ^hpw.that more power for WMEX would hurt them financially. One lawyer who appeared before Court in the case summed it up this way: 'Everybody lost. The Commission lost on the law and the Yankee net work lost on the facts.' Kaltenborn Shows 'Em London, Aug. 22. When British Broadcasting Corp. invited H. V. Kaltenborn to give a powwow in a hews program (12), it little knew it had a hornet in its nest. CBS ace commentator spoke for 12 minutes on lews presentation as conceived by the U. S. webs, and his description of detailed on-the-spot coverage of major events at home and throughout the world made BBC methods sound, by comparison, like a dull recital of official handouts. Broadcast brought many com- ments from listeners, who won- dered why local news dissemina- tion could not be O" similar vigorous lines. Chi Police Set Back On Dr. L Q. Lottery Charge Chicago, Aug. 22. Grant advertising agency has prac- tically won its fight against the Chi- cago police department, which at- tempted to stop the Dr. I. Q. quiz show for Mars on the contention that it was a lottery and a game of chance. Master of chancery here last week handed down a decision that in his opinion the quiz show was a test of skill and not a game of chance. In making this decision he upheld the injunction obtained by the - Grant agency restraining the police from interfering with the performance of the program over the air from lo- cal origination in the Chicago thea- tre. While the decision may tech- nically be changed by the court when it gets the master's report, it is considered extremely unlikely that the court will reverse this ruling. Also, the Dr. I. Q. show is leaving Chicago this week to shift origina- tion point to Pittsburgh. However, the master's decision is figured im- portant as setting a precedent should a similar question of legality arise elsewhere; . STUHLDREHER FOR SALE WTMJ, Chicago, peddling Notre Dame Star on FootbaU Milwaukee, Aug. 22. WTMJ here has signatured Harry Stuhldreher, U. of Wisconsin athletic director and head football coach, to a gridiron commentary deal and is Lewis AUcn Weiss, general manager of .the Don Lee Network, states that regardless of efforts made by NBC to wean away some of Don tree's com- mercial kid show; for its Pacific links, the former has non-cancellable contracts covering the following schedule of juve programs for this fall: 'Orphan Annie'-Ovaltine, 'Jack Armstrong'-Gcneral Mills, 'Phantom Pilot'- offering the former member of Noti£. yLandendorf, 'Stamp Club'-RuskeU, 'Lone Ranger'-Weber Bread and 'David namf'-z 'Pniir •Hoispmcn' for sDonsor- Adams'-Lava Soap. NBC has tried for the past two years to crack Don Lee's monopoly of S|>onsored children's programs. Latest NBC move in that direction was to agree to let Ovaltine and General Mills service a wcstcoast hookup out of San Francisco, from instantaneous platters taken off the NBC wires while the serials were being fcd;to NBC midwest stations. Dame's 'Four Horsemen' for sponsor ship. Prospective setup calls for a three- a-week schedule continuing through the nine-week Big 10 football season. CBS GIVING BAND PICKUPS SOME PRODUCTION Columbia Broadcasting is currently adding a few productional touches to its late hour sustaining pickups of dance bands. Idea is to attempt to relieve the sameness of such re- motes, thereby tending toward a surer hold on listeners and more or less training 'em to dial to its wave- length. All announcers on the WABC, N. Y., staff have been given biogra- phies of the various crews and have l>een directed to familiarize them- selves with the background of each. Allows for short comments on what the band has done, personnel, etc. In addition, the network is ar- ranging a pickup routine that will not have bands of the same style following one another. It will ro- tate swing, sweet, and sweet-swing outfits in successive haU-hours. Net picks up bands two hours nightly, 11 p.m. to 1 a.m. • litigahon delaying new troy station Sloan's 99-Station Hookop Is Record High for NBC-Bhie Largest network that has ever pre- vailed on the NBC blue is the one of 99 stations which Sloan's Liniment (W. R. Warner & Co.) has bought for the 'Battle of the Ages,' starting Sept 30. It will fill the Saturday 8- 8:30 p.m. slot Quizzer has been do- ing duty for Vince, another Warner product, during the past several months. Another big hookup for the com ing season is the 106 stations which Tums will use for its 'Pot of Gold* stunt on the red link Friday nights (9:30-10). This account is now in a Monday night spot on the NBC red Sweeney's Chief Washington, Aug. 22. Warren Sweeney, dean of CBS an. nouncers here, was named chief an- nouncer of WJSV Thursday (17). Sweeney has been with CBS here since 1932. Troy, N. Y., Aug. 22. Coloney Harry C. Wilder's Troy Broadcasting Co. has obtained from FCC an extension of its construction permit for WTRY until Feb. 27, 1940. Postponement of starting dale for work on transmitter was found nec- essary until the appeals of WOKO- WABY, Albany, and Tri-City Broad- casting Company, of. Schenectady, are decided. Both seek to block erec- tion of a commercial station here. Decision on their appeals to upset FCC's okay of the transmitter has been awaited for sometime from Court of Appeals of District of Co- lumbia. Harold K. Smith's Albany outlets contend that the new Troy station would take advertising rev- enue, actual and potential, from them. Tri-City, long and unsuccess- ful applicant for authorization to build in Schenectady, argues that a Troy station would interfere with its chances. Joseph P. Tumulty is at- torney for the Schenectady com- pany. Original plans were to open WTRY by Feb. 1, 1938, but litigation repeatedly forced postponement of construction. FCC gave Wilder and local associates a final green light last year. Small Musical Units Replace WNEW's Band First unit of musiciatis which will replace the studio baiid' at WNEW, N. Y., has been set by Merle Pitt station musical director. WNEW has had its house crew on an eight- week notice in preparation of break ing it up and substituting small units easier to sell for sponsored shows Large band had never been sold. Pitt's initial group, which will be used as a quartet or quintet consists of Frankie Froeber, piano; Phil Krause, vibraphone; Sammy Frey accordion; Michael (Mac) Ceppos, fiddle; Dick Kissinger, bass, Others are currently being auditioned. VlrfU V. Evans, owner-operator of WSPA, Spartanburg, S, C, has re- turned from state capitol following close of 1939 general assembly. WFH, Philly, Contracts Flock of Coast Discs Inside Stuff-Radio Douglas Coulter, of CBS, New York, is editor of a volume of radio scripts from The Workshop,' just published by Whittlesey House ($2.75). The number of radio scripts reaching book form is increasing and no doubt are useful to craftsmen and production people. It does not seem likely that ordinai-y readers will get much kick out of scripts in which invariably sound effects are an all-important factor in making tifcm come to hfe. In listing on its latest rate cai-d, effective Sept 15, the various services CBS makcis available to advertisers, the network failed to include the news and public affairs department is headed by Paul White. CBS rates this department as supplying sponsors with more service than any of those listed: Like NBC's similar department. White's setup supervises all corn- mcrcial news and commentator programs. "'" One half of the 30-minute period purchased on Columbia web by General Mills will be used by the Knox-Reeves agency and the other 15 minutes by Blackett-Sample-Hummert agency. BSH will put 'Carolyn's Golden Store' into its 15-minute slot Knox- Reeves still undecided as to its program which will be for either Bisquick or Wheaties. Stanley Hubbard, general manager of KSTP, St. Paul-Minneapolis, has advised the agency time buyers through a circular letter that the station, which is slated to go 50,000 watts will not raise its rates until it has been able to measure its increased audience. The 50,000 kilowatt plant is now being installed and Hubbard expects it to be in operation shortly after Sept. 1. At a WSYR, Syracuse, staff conference with boss Harry Wilder present a sample news transcription was played to illustrate a point One of the news items which caused traffic manager Florence Cummings to. blush was the planted announcement of her engagement to Fred Jeske, another staff employe. Kansas City's oldest locally-sponsored program which Is conducted by Charles Lee Adams, formerly of show biz, ticks .T its seventh milestone over WHB this week. Broadcasts before 500 persons every week in audi- torium of the sponsor, Jenkins Music Co. Uses kid amateurs. Orrin Dunlap, radio editor of the N. Y. Times, has recovered from a growth on his windpipe which. required ah operation. It prevented him from fulfilling his date to speak about television at the N. A. B. convention in Atlantic City last month. ' NBC has issued a snappy brochure about 'Information, Please' and iti 8,000,000 audience of 'middle brows,' It spoofs the wisenheimers who doped the Canada Dx'y stanza as too lofty in content for popular appeal. WSPD is still in and definitely belongs to Toledo, Ohio. Mis-typograph- Ically assigned to Florida in a VARinr item last issue. KNX IN TENTATIVE DEAL WITH AFRA Hollywood, Aug. 22. Columbia's KNX and American Federation of Radio Artists got to- gether on an agreement governing wage scales and working conditions for writers, directors, announcers and sound effects men, subject to ap- proval by CBS home office and AFRA national board. I. B, Korh- zlum, AFRA counsel,- is taking the contract east for submission to Fed- eration board. Donald Thornburgh, Coast CBS head, handled ' negotiations for the network station. Philadelphia, Aug. 22. Going In heavily for script shows, WFIL has inked a termer for 40 platters a .week for 13 weeks from McGregor Transcriptions of Califor- nia. Six different shows are included in the group, some of them, like 'Mutiny on the Bounty,' being 13- week serials, while others can be discontinued at any time. Screen player Lila Lee is featured in one of the serials, 'Stars Over Hollywood.' Bergen's Miss-Outs Hollywood, Aug. 22, Edgar Bergen takes a three-week holiday in Honolulu, but will miss only two Chase & Sanborn programs. Agency will pipe him in on the java show from the island Sept.. 3. He shoves off Aug. 23. Regulars and giiestcrs will fill out the program, with no substitution for the ventriloquist Sheehan Again Drafted For Minn. State Fair St Paul, Aug. 22. Drafted for the second successive yea?;, Al Sheehan, WCCO Artists' Bureau manager, will take over the reins as Director of Entertainment for the Minnesota State Fair, Aug. 26-Sept. 5. Sheehan first took over the job just before the 1938 Fair, when the then director died suddenly. This year the State Fair Board petitioned WCCO to loan "em Sheehan again. Radio Helps Its Own Dallas, Aug. 22. KRLD, Times-Herald station, dra- matically came to the aid of one of its artists last week. Marian Snyder, Stamps Quartet pianist, needed unusual type three blood for transfusion after he had his tonsils out KRLD broadcast ap- peal, and within 30 minutes 50 resi- dents responded. Finally Got 'Er Hollywood, Aug. 22. Eka Lanchester (Mrs. Charles Laughton) has finally yielded to radio. She faces dat orl' debbil mike for the first time on Kraft Music Hall Sept, 21. 'Hornet'Staying As Is; 'Not Aimed At Younger Kids • Detroit Aug. 22. Although recent Varietv survey among parents showed a majority opposing the 'Green Hornet' serial, WXYZ here contemplates no changes in presentation or script of the thrice-weekly show, which re- volves around a newspaperman's war on 'criminals within the law'. According to H. Allen Campbell, general manager of WXYZ, which ships the 'Hornet' to an indie hookup almost rivaling station's 'I.one Ranger' serial, 'Hornet' was designed primarily for men listeners and old- er kids. As such, WXYZ officials feel that show's more intricate plots and presentation should not be al- tered because a minority of young- er kids listen in. Serial hasn't been directed at latter element according to Campbell, and station believes few are affected one way or an- other. Meanwhile, WXYZ is all set to break ground for its new five-kilo- watt transmitter, which will be erected on a 17-acre plot near De- troit, Plans are all drawn, await- ing only okay of FCC on boost to 5,000 wattage. Will take about six weeks for completion- of transmitter. Blossom Leaves Radio Indianapolis, Aug. 22. Roy E. Blossom, manager of ra- dio station WFBM, Indianapolis, since 1931, leaves the broadcasting industry to return to the electric utility business. This follows take- . over of station by Jesse L. Kauf- man. Blossom gets position as secretary and treasurer of the Indiana iGlectric association, which is composed of all electric utility companies In the state.