Variety (Sep 1942)

26 RADIO Vjedheedty, September 23, 1942 LEGISLATION CAUED OEY WAY PETRIUO; m, ELMER DAVIS AIR VIEWS Doubt Expressed That Department of Justice Action Will Get Anywhere—Tobey Takes Advantage of Hearings to Needle Chairman of FCC Washington, Sept. 22. Congress was virtually invited Friday (18) by FCC Chairman Fly to enact legislation that would crack Petrillo's boycott policy while OWI Director Elmer Davis, remarking that 'information officers of the government' are forbidden to advo- cate legislation, implied he would lilce to see the legislators take quick fiction. Both officials were extreme- ly dubious that the Justice Depart- ment can solve the problem by in- voking the anti-trust laws, noting the length of time that would be re- quired to get a final United States Supreme Court opinion whether the ban on platters Interferes with inter- state commerce and violates the Sherman Act In reply to a direct question from Senator Clark about the FCC's power to intervene, Fly said, 'I think we would have to exercise consid- •rable ingenuity to get in here and alleviate the situation.' Since li- censees are not at fault and the Gommish has authority over only persons to whom it issues permits, he explained, 'I don't see how we can deal with this very effectively.' By making public statements and writing letters 'we did our best' to impress on the AFM that the com- ipish considered the recording ban 'a very grave step.' Clark repeatedly Indicated his de- termination to frame legislation that would prevent third parties from interrupting radio operation. He told Davis the Senate group would 'see what we can do' and Invited Fly to suggest how the Communicatibn Act might be strengthened so the commish would have necessary power to prevent shutdowns of sta- tions. Small Stations Exist Only Because of Recordings Threatened drying up of essential supply of program raw material is serious from the point of view of the war effort, both Fly and Davis as serted, since so many stations are economically dependent upon canned music. If they cannot get platters, they cannot hold their audiences; in turn, they will lose the appeal for fidvertisers; the nation will suffer because of a letdown In morale and shutting down of vital means of public communication. The case against Petrillo was bulr warked with reams of statistics com- piled by the FCC and which Fly said emphasize the broadcasting in- dustry relies on waxed programs to flU roughly two-fifths of its total operating time. You can't choke off this essential ingredient of broadcast schedules and keep the industry go- ing, he opined. And the chief suf- ferers will be the little fellows who are skating-on thin ice—financially— but are the sole means of reaching numerous people by radio. 36 Cases of Amateurs Being Banned by A.F.M. The current club-waving by the A.F.M. is nothing new. Fly reminded the Senate probers. Long before the Interlochen incident last July and the shutdown on recordings two months ago, the tooters have 'intimi- dated' broadcasters, record-makers, and other music-users. The FCC discovered 31 instances where ama- teur musicians have been kept off stations by union pressure 'and 36 instances where broadcasters hired unnecessary 'stand-bys' in response to A.F.M. ultimatums. Fly recalled the New Year's Eve strike of the Chicago Federation in 1931 when Petrillo was the local president, and pointed to the series of suits, dating back to 1936, by which the A.F.M: has tried to establish it can prevent unauthorized' use of recordings. He also mentioned 1937 when the A.F.M., then under the presidency of Joseph N. Weber, forced the net- works to up their outlay for talent by $2,013,000 annually, nearly 60%, ahd hire 1,000 more union card-holders. In 1938, he added, a similar 'agree- ment' was reached with the record- ing companies who were 'licensed' to cut discs if they employ union tooters. Demonstrating that at least 167 small U. S. stations are liable to be forced out of business if the supply of canned music is shut off, the FCC Chairman reported that 46 of these cover areas which have no other primary'nighttime radio service and closing of 35 others would leave parts of their service areas without, any reception. He eommehted 'many people in this country face the very WSAI'S SALES AIDS 1. Slr««t cor ond bui cords 3. Neon SIgni 3. Diiploy Cordi 4. Ntwspoper Adi 5. Toxicob Covtrt 4. Downtown Win- dow Diiployt 7. House-organ 8. "Meet the Span- Ipr" Broadcast "IT'S MORE THAN FRIENDSHIP," smiles Suzy our Steno. "When a prominent store recently renewed their doily quarter-hour program for the 9fh consecuhVe fime, they did so because WSAI produces. "The some sound reason has caused on optical company, a dry cleaning firm, a large bakery, a coal dealer, a furniture house, a large drug chain to sponsor progroms on WSAI continuously for four years or more! In buying Cincinnati, profit from the experience of these and many other WSAI advertisers who know that WSAI gets more results}" IT SELLS rASTER IF UISA CINCINNATI'S OWN STATION NIC « IIUI NETWOUKS • 1,090 Wolli Ooy and NIgtil e tcpi<i«nltd by Spcl Satti, Inc. real prospect of losing the only satis- factory nighttime service which they now have and being altogether de- prived of daytime service.' The Commission's comprehensive survey (details in separate story) disclosed that 796 U. S. transmitters during a sample week broadcast music during 68,296 of 89,404 hours they .were on the air and used re- cordings and transcriptions for 52,498 of the hours when miuiic was car- ried. There were 41,100 hours when the program was 100% musical. Emphasizing that '76% of the total broadcast time of the average station is devoted to musical programs,' Fly analyzed the figures to show the im- portance of canned tunes. Studies reveal that 42.6% of the total operating time was devoted to re- corded musi'c and 55.9% of the music time was filled with waxed musicT In addition, the reporting stations aired 32,470 transcribed spot an- nouncements — which represented $209,514 in revenue, an average of $263 per station pef week. The figures which I have given you clearly show that if the ban on recordings continues it will not be long before the radio broadcast in- dustry is very seriously affected. You can't shut off the program source of over 40% of all radio time without striking at the heart of broadcasting,' Fly interpreted. True, the stations have a supply of records on hand, and they also have available to them the services of transcription libraries. But this doesn't solve the situation. Record- ings wear out. And of immediate importance, stations will lose their audiences If they can't get new tunes.' Little Fellow Without Network Suffers Most The injury to small stations will be most severe. Fly declared. Breaking down the figures in numerous ways, he concluded that the chief victim of Petrillo's boycott will be 'the fel- low who isn't on a national network; his power is 800 watts or less; he is located in a city which has a popula- tion of less than 50,000; his total an- nual time sales are less than $75,000; and after he pays his expenses he has either lost money or has a net income for the year of less than $5,000 and he still has to pay his taxes.' While approaching the problem from somewhat the same angle, Davis also stressed the importance of platters to the armed forces. Morale gf the men in camp will be vastly lowered and war workers also will feel the effect if Petrillo is per- mitted to shut off the flow of plat- ters. He told the solons 'what Is needed is a free flow of freshly re- corded music made available through normal and customary channels' to provide relaxation for both men In uniform and civilians in overalls. War Department Has Not Heard From Petrillo Despite Petrillo's specific promise that union musicians will continue making discs for armed forces, War Department 'has thus far failed to receive from Mr. Petrillo any satis- factory assurances of the continu ance of these vital services,' Davis told the solons. Military comman- ders are writing headquarters about the urgency of getting discs, espe dally for men far from home, and one commanding general has wailed that stoppage of platters 'will Jeop ardize the complete morale and propaganda broadcast structure' in war zones. Revocation of agreement to permit unionites to make recordings for re-broadcast—il they are destroyed after one subsequent airing—irked Davis. The O.W.I, chief remarked that Petrillo's admission such plat' ters 'are not detrimental' to Federa- tion interests was a 'not unimpor- tant' point. Discs of this kind are essential in relaying popular net' work shows to small, rural com' munities, and Hawaiian, Puerto Ri- can, and Alaskan outposts, while many of them carry patriotic mes- sages which Increases their impor- tance. 'There are more than 150 com- munities In this country which are not within the jurisdiction of any local union of the American Fed eration of Musicians but which a^e served by as many or more radio stations,' Davis noted. 'Many of the stations are in small communities Fljr's Guard Down ^ashlnaton, Sept. 22. When FCC Cnairman James L. Fly confessed to the Senate Subcommittee last week the regulators don't believe they have legal authority to over- ride the American Federation of Musicians' ban against record- ings, the chief industry critic left himself cpen for a jibe. It wasn't long in coming. Senator Wallace White of Maine, the 'father of the orig- inal radio law,' quietly observed 'This is the first time I've heard there was any want of 'ingen- uity' felt by the Commission.' Industry listeners and the press table crew chortled, re- calling last year's row about whether the FCC ever received authority from Congress to specify what can be included in network affiliation contracts. in which there are few if any un- employed union musicians. These stations are in fact depen- dent upon recorded music to hold their audiences, without which they would be unable to keep going. This Office has a direct and vital concern with the maintenance of the radio coverage in this country. It is one of the most Important media for the conveyance of wa^^nforma- tion in general to the people, and may become of still greater impor- tance when there is occasion for an emergency message from the na- tional leadership. A policy which threatens the continued existence of many of those stations is injurious to the national system of communi- cation, and may seriously hamper the work, for which this Office was established, of Informing the people about the status and progress of the war effort, and the war policies, ac- tivities and aims ot this government.' Davis declined to discuss the ques- tion of technological unemployment and made-work raised by Petrillo's replies to his letter requesting re- scinding of the ban and also em- bodied in the A. F. M. head's defl to the FCC. He said his. outfit wilj, not step into any legitimate worker- employer row but the present situa- tion, as far as he can see, does not result from any tiff over wages or working conditions. (Fly likewise avoided the issue of whether re- cordings are used In place of live talent, while going on record in favor of adequate compensation for the unionites.) Tobey in Sharp Probe Of Fly's Past Conduct Veiled charge the FCC is partly to blame for the Musicians' peeves was hurled by Senator Charles Tobey of New Hampshire, a persistent Fly- baiter. Snatching the ball from Chairman Clark as he did list year during hearings on the resolution to investigate 'war-mongering' ac- tivities of films and radio, Tobey quizzed the Commish head sharply about enforcement of the rule re- quiring special announcements when, ever discs are used and about the networks' outlay- for talent. The Granite State Republican also made some oblique references to the net- work-reform rules, FCC 'dictator- ship,' efforts to see that stations live up to promises to put on live-talent programs, and related c.uestions. The rule about identifying plat'> ters was designed to encourage greater use of live talent, Fly said, but occasional Infractions are not sufficiently serious to warrant re- vocation of an offender's license. The chairman suggested Congress might provide some 'lesser form of penalty,' muttering the regulators are put 'in a difficult spot' when the only way they can penalize an op- erator for misconduct is to take away his livelihood. Tobey shot back that violations 'require some- thing more than a-slap on the wrist.' The New Englander, referring to figures that Fly suggested are in- complete, commented caustically about 'the policy of the networks to spend but a small part of their unusual profits' for musical talent He also got Fly to admit the reason affiliates do not hire more musicians is the availability of web programs. Anticipating a favorable report on his resolution this week and appar- ently remembering last year's furore about legality of the prolonged 'pre- liminary' probe in connection with the war-mongering resolution, Clark said at the outset he did not plan to call any A. F. M., recording com- pany, or broadcasting industry peo- ple to testify concerning the need for a more comprehensive Inquiry to decide whether legislation is desir- able to end the boycott and prevent recurrence of such situations. Con. sideration of the resolution is slated sometime after passage of the tax bill, which reaches the Senate for debate next week and probably will be under discussion for most of Octdber. Pick 'Bachelor's Children' As Best U^. Radio Serial For Airing to So. America Chicago, Sept. 22. 'Bachelor's Children,' WBBM-CBS radio serial, has been selected by the Planning Board of the Office o( the Coordinator of Inter-American Affairs for regular broadcast in Spanish over the major group of South American stations. Program was chosen as the 'best example of representative Ameri- can radio In the serial form.' Bochester.—Roger Swift is in from • Syracuse University radio workshop as new WSAY announcer. 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