Variety (May 1941)

Wednesday, May 28, 1941 29 FCC's Clear Channel Stand jContlnned from page classiflcatlon of the 850 stripe 'does not change, but on the contrary con- tinues' the clear-channel policy. Amendment of the rules 'merely ef- fects a minor shift In one frequency within the established policy,' the opinion said. TradlUonal Prlnelple lawyers immediately wondered what the Commish might consider a stopping point. If one-by-one the I-A ribbons- are reclassified, the time conceivably would come when there are no plants having exclusive nighttime operating privileges. For a long period. Industry observers have been fearing the' regulators will junk this traditional allocation principle, while there have been some hot fights within the Commish over just this point. Therefore, the reasoning in 'defense of the WHDH grant shows unmistakably there is real danger that clear channel operation is on its last legs, in as much as Chairman Fly has given in- dications he has the same feeling as the Walker-Thompson-Payne clique. Concerning the right of other li- censees to take part in hearings on such important, controversial Issues, the majority said the law 'requires' | grants without heating whenever the Commish is convinced, following | scrutiny of applications, that public Interest, will be served. If the regu- lators have doubts, the law compels them to notify 'the applicant,' the opinion said, and 'no such right to notice and hearing Is conferred upon any person other than the ap- plicant and no duty rests upon the Commission to afford any person other than the applicant an oppor- tunity to be heard.' Xanghable* NBC's contention that the WHDH grant constitutes an undesired 'mod- ification' of the KOA license is laughable, the majority implied. Permit for the Denver plant 'merely authorized petitioner to operate,' they declared, and 'does not ex- pressly or by implication give peti- tioner a right to serve any particu- lar number of listeners or geo- graphical area or contain any pro- vision designating petitioner's sta- tion as a 'Class I-A' station.' The principle embodied in rules govern- ing FM and video stations—concern^ ing service areas—^has not been adopted In connection with standard broadcast allocations because It would not be 'practicable in the present state of the broadcasting art,' due to skywave propagation, terrain effects, static, man-made noise, etc. The engineering stand- ards for normally-protected service areas are not binding, the opinion said. - On the intervention question, the majority made some remarks. Re- fusal to allow KOA-NBC to partici- pate at the hearing 'did not- pre- clude' appearance or the offering of 'any relevant - material and com- petent testimony,' according to the opinion. Implication was that ag- grieved licensees can write letters (which may or may not receive at- tention). The objections that WHDH will interferie with KOA's service were shrugged off quickly. Majority re-' viewed its original finding and de- clared 'it U clear that the WHDH service does not displace the KOA secondary service in any real or substantial sense,' noting again the Boston plant will not reach the pri- mary service area of the Denver transmitter and remarking that KOA 'fails to allege that it has been providing a useful service in such (rural) areas or point out, in terms of population, the nature and extent of the claimed interference.' Soph's Illness Stafls Airer Hollywood, May 27. A guest shot by Sophie Tucker on CBS was forced into cancellation when the singer-comedienne was held in San Francisco by illness. Ted Lewis subbed. Tony Martin Winds Up Hollywood, May 27. Tony Martin closes his program for Woodbury Soap next month. He's being sold for a half-hour variety show In the fall. QUALMS FELT THAT SENATE ACTION IS ANTI-INDUSTRY AS WELL AS ANH-FCC Trade Observers Fear Tobey Measure May Be Revived Along With White Resolution—Broad- casting Faces Cross-Tangle of Political Motives Washington, May 27. Instead, of being a rescue crew, the Senate Interstate Commerce Commission may harpoon the broad- casting industry next week when it holds hearings on wails about the Federal Communications Commis- sion's anti-monopoly regulations. In going before the group headed by Senator Burton K. Wheeler of Mon- tana, the radio people run the risk of being caught in a backwash of antagonism. The hearing scheduled for Mon- day (2)—originally set for Saturday (31)—^has some Hallbwe'enish as- pects,- now that observers have an- alyzed the situation. Besides the resolution offered by Senator Wal- lace H. White, Jr., of Maine, request- ing the Commish to delay application of its stringent rules and calling for an inquiry into their effect and legality, there is before the commit- tee a distinctly hostile measure au- thored by Senator Charles W. Tobey of New Hampshire, who riddled -both Columbia and National net- works last summer during the hear- ings on President Roosevelt's re- nomination of the late Thad H. Brown. Tobey Resolatton The Tobey resolution—which In- dustry people have figured was safe- ly buried—is in a spot to be taken up along with the White proposition. Both White and Tobey are members of the Wheeler committee and are expected to be on hand for the ses- sion. Tobey's resolution is aimed at both the regulators and the indus- try, while White is shooting chiefly at the FCC majority. Under Tobey's proposal, investigators would consid- er 'the existence, extent, formation, legality and effect upon the public or any individual or group of any monopoly in radio broadcasting or any phase thereof...' as well as 'the administration by the Federal Com- munications Commission of those provisons of the Communications Act of 1934 which relate in any manner to radio' communications.' Other points the New Hampshire Republican would like aired include the- way licensees have used their privileges and carried out their ob- ligations, the effect of any chain contracts, and possible efforts of in- dustry people 'to unduly Influence any public offlcial in the exercise of his duties with respect to any mat- ter pertaining to radio.' Chance that the Tobey resolution will get attention along with White's grows out of conditions far removed from radio matters. With Congress badly split over international affairs and war policies, Tobey is on the same side of the fence y/iHi Senator Wheeler—a vigorous isolationist and foe of President Roosevelt'? program —while White has joined the faction the committee chairman is fighting bitterly. On general principles. Wheeler would appear more inclined to give Tobey a break than White, who is admittedly much less aggres- sive, although probably far better informed about radio matters than his New England cAleague. Fnll Committee Sign of strained White-Wheeler relations is seen in the decision to hold the hearing before the full committee, rather than refer it'to a subcommittee which might be picked so as to give Tobey a cold shoulder. In view of the procedure planned, there will be every opportunity Tobey desires to go after the chains as well as the regulators. Network people are praying that Tobey will turn out to be so much more concerned about issues of peace, neutrality, and war than about radio that he will let sleeping dogs lie. There's no assurance of this, though; in fact, the New Hamp- shire member has a prodigious mem- ory and has indicated he was by no means satisfied last summer every- thing is hunky-dory; Throughout the last session of Congress ha showed lively interest in radio, fir- ing several barrages at the Commish, which he condemned for not taking drastic action to break up alleged monopolies and chlded several times for delay in bringing forth the net- work report. Plans for the hearing are still un- certain. Apparently Chairman James L. Fly, as the spokesman for the Commish majority, will be the onlly regulator on hand. The minor- ity members—Commissioners Nor- I man S. Case and T.A.M. Craven— I do not contemplate attending unless I requested (and so far their presence' has not been asked). Industry fieo- ple will urge approval of the White resolution, with Neville Miller tak- ing th^ lead in his capacity as Na- tional Association of Broadcasters president. Uncertain to what degree the chains will back him up, though statements on behalf of Columbia and National are taken for granted. 'POT 0' GOLD' BLOWS Horace Heldt Stays on With Toml For Mnsloal Chorea Horace Heidt remains In the Tunes' Tuesday night spot on the NBC-Red for the summer, and the account will probably put on another program in the fall. Same client's 'Pot o' Gold' bowa off the NBC-Blue June 5. 'i:his series started in September, 1939. C. W. Myers, president of KOIN, Portlcnd, Ore., was elected 'director of IRNA for tiiree-year term In re- cent conference at St. Louis. Easterner meets Northwest i at WCCO A young man from Manhattan named Robert Buechner joined the WCCO Sales Department last month. We quote some of his first week's " reactions to the Northwest and radio i .. the income, the spending, the prosperity of the people out here is Vay beyond what I had expected ... "Another thing. The time that business firms get under tvay is amaz- ing. Most of them open up between seven and eight o'clock in the morn' ing.This will horrify you Eastern agency men, but I can find most of my prospects in and settled at 8:30 a.m. So at last I understand why many^ local advertisers consider early morning radio time worth buying.. . "And radio to Twin City agency men means WCCO. Most of them that I have met so far have turned the tables on me and my sales talk and told me what a swell station it is. They've sold me on its coverage, its shows, and its standing in every survey that's been made. It's the first business I ever heard of In which the clients do the sales job." It's a pleasure to have Bob Buechner with us. We hope that his many advertising friends and all interested Variety readers will send him whatever questions they may have on the Northwest market, on Twin City businesses and radio in this territory. WCCO •0,000 WATTB WHERE IT COUNTS THE MOST Minneapolis-St.Paui, 830 Kilocycles. Owned and operated by Columbia Broadcasting System. Represented by Radio Sales: New York,. Oiicago, Detroit, St. Louis, Charlotte, San Francisco, Loe Angeles