Variety radio directory (1937)

FEDERAL RADIO REGULATION— Continued be viewed unfavorably, but unfortunately the rulings are far from uniform or consistent. From time to time since 1927 there have been indications that fortune telling, false, deceptive, or exaggerated advertising, advertising of proprietary remedies, "programs which contain matter which would be commonly regarded as offensive to persons of recognized types of political, social, and religious belief," liquor advertising, programs not "meeting a standard of refinement fitting our day and generation," use of stations as "mere personal organs," repeated defamation of public officials, excessive use of chain programs, excessive use of phonograph records, excessive sales talk, piracy of programs from another station (e.g., on play-by-play accounts of a baseball game), and a variety of other kinds of broadcasts might fall under the ban, sometimes lightly, sometimes heavily. Broadcasters have had to be particularly on the lookout for advertising and advertisers which have fallen or may fall afoul of the Federal Trade Commission, or the Bureau of Food and Drugs in the Department of Agriculture, or the Post Office Department. Moreover, it is not difficult to demonstrate from certain decisions of the Federal Radio Commission and of the reviewing courts that a broadcasting station can be put out of existence and its owner deprived of his means of livelihood for the oral dissemination of language which, if printed in a newspaper, is protected by the First Amendment to the Constitution against exactly the same sort of repression. We have noted the provision in the Act requiring the giving of equal opportunities for use of the station to candidates for public office. The Act makes no further requirement of this sort with respect to other persons or with respect to matters of public interest, although from time to time bills have been introduced in Congress to this end. Yet the tendency on the part of broadcasters themselves has been voluntarily to comply with a high standard of fairness and neutrality on political, social, economic, religious and other issues, and to attempt to accord equal opportunities for expression of each of the two or more points of view on such issues. Lapses from this standard frequently result in vehement protests lodged with the Commission, or published in the press, and on occasions have been cited against applicants at hearing. It seems not unlikely that this principle of fairness and neutrality on issues of public interest will be read into the standard of public interest, convenience or necessity. Likewise, there is evidence of recognition of an implied obligation on the part of broadcasters to devote a certain portion of their hours to education, religion, matters of civic importance and the like. These implied obligations are, as yet, of the most nebulous character. Two conceptions of the proper function of a broadcast station are possible. Under one conception, the broadcast station would, like a newspaper, have an editorial policy and might, if it chose, be the medium for expression of a violent partisanship. Under the other conception, the station, while not a public utility in a technical sense, would, on the whole, pursue a public utility policy toward all substantial groups and points of view in the community it serves. Without compulsion and by a gradual policy of evolution, broadcasters (including newspaper publishers owning stations) themselves have chosen the latter and their choice, sooner or later, seems destined to be reflected in the legal interpretation of the standard. SALE OF BROADCAST STATIONS. Because of the importance of this subject, the pertinent provision in the Act is quoted in full : "The station license required hereby, the frequencies authorized to be used bv the license, and the rights therein granted shall not be transferred, 293