Edward F. Giuver Co.
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Washington, D. C.

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WASHINGTON, D. C.

Vol. 9, No. 1, January 3, 1941

THE WEEK IN WASHINGTON

Attorney General Robert H. Jackson announced that
the Justice Department would bring criminal procedure
under the anti-trust law against ASCAP, BMI, NBC and
CBS. Next day, at a press conference, Thurman Arnold
indicated that others might be indicted, too. (p. 1 )

The Wage and Hour Division says that weekly salaries
can be stabilized by prepayment of overtime when sal¬
aried employees work less than their regular work week,
(p. 5)

Paul Peter, NAB Research Director, told the American
Marketing Association convention that advertisers should
“put more in radio”, (p. 6)

A new plan for associate membership in the NAB has
been approved by the Board of Directors. The country
now has 50,100,000 receiving sets. (p. 7)

Radio engineers throughout the country are getting
ready for the Ohio State University Engineering Confer¬
ence starting February 10. (p. 8)

Neville Miller tells the country, in a broadcast, that
the American System of Broadcasting is coming through
the emergency period with flying colors, (p. 9)

The FCC has been asked to follow last year’s pro¬
cedure with regard to financial reports. The Commission
sent its annual report to Congress without any recom¬
mendations for major broadcasting legislation, (p. 9)
Colonel Charles H. March has been elected chairman
of the Federal Trade Commission for the coming year.
The Commission discussed advertising at length in its re¬
port to Congress, (p. 11)

All proposed legislation affecting broadcasting dies with
the adjournment of Congress January 3. Many of the
bills listed in this issue will be reintroduced, (p. 13)
Starting with this issue, the page numbers of the NAB
Reports will start with “one” with the start of each
volume each January 1. This is to facilitate back refer¬
ence.

BMI Developments

JUSTICE DEPARTMENT STEPS IN

Attorney General Robert H. Jackson announced De¬
cember 26 that he had authorized Thurman Arnold, As¬

sistant Attorney General in charge of the Antitrust Di¬
vision, to institute criminal proceedings under the Sher¬
man Act against the American Society of Composers, Au¬
thors and Publishers, Broadcast Music, Inc., the National
Broadcasting Company, and the Columbia Broadcasting
System. The proceedings, he said, will be brought in Mil¬
waukee, Wisconsin, immediately after the first of Jan¬
uary, and will be based on the following charges:

1. The illegal pooling of most of the desirable copyright music
available for radio broadcasting in order to eliminate com¬
petition and to monopolize the supply.

2. Illegal discrimination against users of copyright music.

3. Illegal discrimination against composers who are not members
of ASCAP or Broadcast Music, Inc.

4. Withholding music from publication in order to exact fees
not permitted by the copyright laws.

5. Illegal price fixing.

6. Restraining composers in their right to bargain for the sale
of their own music.

7. Requiring users of music to pay for tunes on programs in
which no music is played.

8. Mutual boycotts by ASCAP and by the broadcasting chains
(through Broadcasting Music, Inc.) in an attempt by each of
these conflicting groups to obtain for themselves control over
the supply of music by depriving the others of control, which
boycotts threaten to restrain and obstruct the rendition over
the radio of about ninety percent of the desirable modern
copyright music.

Explaining the Department’s decision to institute crimi¬
nal proceedings. Assistant Attorney General Arnold said:

“For a number of years the Antitrust Division has received
constant complaints against the activities of .4SCAP. The original
purpose of ASCAP was one which the Department recognizes to
be legitimate, i.e., collective action to protect its members from
piracy of their copyrights. Activities which further this purpose
have not been questioned by the Department, and are not attacked
in these proceedings. However, the Department for many years
past has frequently called to the attention of ASCAP practices
which went far beyond the necessity of protecting its members in
their copyright privileges, — practices which were designed solely
for the purpose of eliminating competition in the furnishing of
music, and securing a monopoly control over the supply.

“Recently, through Broadcast Music, Inc. (an association con¬
trolled by the major broadcasting chains), the National Broadcast¬
ing Company and the Columbia Broadcasting System have engaged
in, and threaten to continue on a larger and larger scale, restrictive
practices similar to those which the Department charges were il¬
legally instituted by ASCAP. It is claimed that these activities
were necessary to protect the broadcasting chains from the illegal
activities of ASCAP. The Department is not concerned with the

(Continued on page 2)

January 3, 1941 — 1

Neville Miller, President C. E. Arney, Jr., Assistant to President

Edward M. Kirby, Director of Public Relations ; Joseph L. Miller,
Director of Labor Relations ; Paul F. Peter, Director of Research;
Russell P. Place, Counsel; Lynne C. Sraeby, Director of Engineering

BMI DEVELOPMENTS
(Continued from page 1)

question as to which organization was the aggressor. Each of
these groups today is charged with using illegal methods to wrest
the control of copyright music from the other. The threatened
conflict is already in its first stage. The mutual boycotts already
begun will hamper and obstruct the rendition of all copyrighted
music over the radio and deprive the public of the privilege of
hearing that music e.xcept on terms dictated by the victor in the
contest. In such a struggle the public is in the position of a neutral
caught between two aggressive belligerents.

“This Department cannot sit by and see ASCAP and the broad¬
casters engage in a private war at the expense of the public, using
violations of law as their weapons in order to fight fire with fire.
We have tried to obtain voluntary agreement to form the basis of
a working peace which would eliminate the illegal activities and
allow the associations of composers to continue their legitimate
function of protecting their members from piracy. Those efforts,
which a few days ago appeared to be on the verge of success, have
failed. Now we have no choice but to proceed with a criminal
prosecution to protect the interests of the public in orderly com¬
petition in the distribution of music.

“It should be added that complaints have also been received
against the Society of European Stage Authors and Composers,
commonly called SESAC. These complaints are now being inves¬
tigated.”

Neville Miller that night made the following comment
on the Justice Department’s statement:

“The Department of Justice is on the right track in bringing
criminal charges against the American Society of Composers,
.\uthors and Publishers. For many years broadcasters have sought
relief from the grip of this illegal monopoly. It is a fact that the
Department has had pending an anti-trust suit against ASCAP
for more than six years and it is also true that for many weeks
now the Department has been dickering with ASCAP for a consent
decree which would have eliminated the monopolistic practices
of which the broadcasters complain. This consent decree would
have established an open and competitive market for music which
once more would give broadcasters access to the great supplies of
music controlled by the Society in a monopolistic pool.

“It is significant of the justice of the broadcasters’ complaints
against the Society and of the propriety of the Department of
Justice’s pressing for a consent decree on the part of ASCAP that
only two days ago three justices of the Federal Court in Wash¬
ington unanimously held that ASCAP was an illegal monopoly
in the restraint of trade.

“It is most unfortunate that the Department appears to have
confused the illegal practices of ASCAP with the perfectly legiti¬
mate effort of broadcasters to create an alternative competitive
supply of music. Broadcast Music, Inc., is not the creature of

2 — January 3, 1941

NBC and CBS. It was formed by mandate of the National Asso¬
ciation of Broadcasters in open convention, and more than 600
stations are the owners of its stock and the users of its music.
It w'as at the urging of many of these stations and of myself
that the networks cooperated in the formation of BMI, of which
they together own less than 20% of the stock. Broadcasters
throughout the country set up BMI after they had found it im¬
possible to deal with .^SCAP on any basis other than paying a
tax on all programs whether they used music or not. In forming
BMI, we had competent legal advice and are confident that it is
in no sense violative of the law.

“The statement issued by the Department of Justice shows that
the Department does not understand the set-up of Broadcast
Music, Inc. This is not surprising in view of the fact that the
Department of Justice has made no attempt to discuss this set-up
with broadcasters, nor has it pointed out to us any ways in which
it believed we were violating the law. Certainly if it believes that
broadcasters are attempting a boycott, it is completely misin¬
formed. F'or weeks the Department of Justice discussed a consent
decree with .4SCAP and, when it failed to get one, it suddenly
accuses practically the whole broadcasting industry, represented
in BMI, of criminal practices without giving us any opportunity
at all for a similar discussion. The reason for this unusual be¬
havior is not at all clear to me, and I hope that before the De¬
partment carries out its announced plan, it will be willing to
give at least as much consideration to the broadcasters as it has
given to a society which it has itself branded as a law violator
over an extended period of years.”

BMI FEATURE TUNES
January 6-13

1. I GIVE YOU MY WORD

2. SO YOU’RE THE ONE

3. THERE I GO

4. I HEAR A RHAPSODY

5. ACCIDENT’LY ON PURPOSE

6. HIGH ON A WINDY HILL

7. YOU WALK BY

8. MAY I NEVER LOVE AGAIN

9. I CAN’T REMEMBER TO FORGET
10. IT ALL COMES BACK TO ME NOW

The way BMI music continues to mount in the public
favor is indicated by the fact that the week ended Decem¬
ber 28 was the biggest in BMI’s history, so far as sheet
music sales are concerned, in spite of the fact that this
is ordinarily a dull season of the year in the music busi¬
ness and that last week included the Christmas holiday.
BMI chalked up a record of 39,043 regular sheet music
copies sold and 3,323 orchestrations. There I Go has now
sold about 106,000 regular copies and 9,300 orchestra¬
tions. / Give You My Word, I Hear A Rhapsody, and
So You’re The One account for nearly 90,000 more. All
four of these numbers appear on the Enquirer’s list of
sheet music best sellers — twice as many as the number
shown by any other publishing house. This record is the
complete answer to the ASCAP claim that BMI music

cannot stand comparison with the music of ASCAP houses
in public favor.

In the column next to their list of sheet music best
sellers, the Enquirer carries news items on two new songs
which are now being featured — Until Tomorrow, Good
Night, composition by Sammy Kaye which the composer
is featuring with his own band, and Monday’s Wash, a
new boogie-woogie instrumental by Erskine Butterfield,
WOR entertainer and Decca recording artist. The En¬
quirer says, “Plans of recording managers indicate that
record companies will go after these numbers in a big
way.”

Both of these promising numbers come under the BAII
license. Sammy Kaye’s music is published by the Repub¬
lic Music Corporation and Monday’s Wash is a publica¬
tion of Joe Davis’s Beacon Music Company. BMI has
recently concluded agreements for the performing rights
in music of both of these companies and also in the cata¬
logue of Mayo Alusic Corporation, another Joe Davis
company. Mr. Davis has been well known for many
years in the music business and his catalogues are valuable
additions to BMI.

As the old year ends, BMI has become practically
identical with the radio industry in the United States.
As we go to press, 658 stations (672 including non-com¬
mercials) are in the BAII membership list. We welcome
to the BAII ranks the following:

WLAK — Lakeland, Fla.
WFBG — Altoona, Penna.
WBAB — Atlantic City, N. J.
WBCM — Bay City, Mich.
KOOS — Marshfield, Ore.
W.AIM — .Anderson, S. C.
WCBA-WSAN— Allentown,
Pa.

KHBG — Okmulgee, Okla.
WING— Dayton, Ohio
WIZEl — Springfield, Ohio
WJPF — Herrin, Illinois
WCNW— Brooklyn, N. Y.
KGHL — Billings, Mont.

WQBC — Vicksburg, Miss.
WOLS— Florence, S. C.
WJJD— Chicago, Ill.

KAD.A — .Ada. Oklahoma
WINX— Washington, D. C.
KBKR — Baker, Oregon
KHUB — Watsonville, Calif.
KODL — The Dalles, Ore.
KBTM — Jonesboro, Ark.
WLW — Cincinnati, Ohio
KA’OX — Moorhead, Minn.
WGNY — Newburgh, N. Y.
WA.AT — Jersey City, N. J.
WWRL— Woodside, N. Y.

BAII receives many letters which contain expressions of
support. One recently received by Air. Tompkins sums
up the substance of so many that it merits quotation. It
is from Bob Nolan of Aliami, Florida:

“BMI, in my humble opinion, is destined to become the most
powerful musical organization in the country. Any thinking
person can reach this decision by simple deduction.

“You have an excellent staff of arrangers and composers. The
printing layout is simple, clean cut and, therefore, perfectly
legible.

“Your professional department is quick, courteous and never
too busy to personally correspond.

“Taking all these attributes and topping them with executives
who are thoroughly familiar with the trials and tribulations of
broadcasting and musicians, you have the fundamental requisites
of a top flight organization that will bring a smile to the counte¬
nance of the musical world.

“. . . I have been in radio for twenty-one years and have
spent a great many of those years in and out of this territory.

. . . All of us down here are with you one hundred per cent.

“Having spent so many years in the profession I have innumerable
friends in ASC.AP and, as you and I both know, there are amongst
them many brilliant, intelligent men who, upon hearing similar
reports to mine from all over the country (as they are bound to
do), there can be little doubt will ‘see the light.’ ”...

The following wire was sent December 31st to all
member stations:

THIS IS LAST MINUTE REMINDER TO BE ATGILANT IN
.AVOIDING COPYRIGHT INFRINGEMENT BUT NOT TO BE
PANICKED BY BRINGING OF INFRINGEMENT ACTIONS
AGAINST YOU BY ASCAP. THESE ACTIONS ARE USUALLY
HARD TO PROVE, SUBJECT TO MANY DEFENSES, AND
TAKE CONSIDERABLE TIME TO REACH COURT. IF
CLAIM IS MADE ON WORK WHICH IS IN OUR CATA¬
LOGUE, PLE.ASE NOTIFY A’OUR LOCAL COUNSEL SO
TH.4T THERE WILL NOT BE A DEFAULT PENDING AD¬
VICE FROM US AND SEND US COPIES OE COMPLAINTS
OR WRITTEN CLAIMS OF COPYRIGHT INFRINGEMENT
IMMEDL\TELY. WE H.4VE TAKEN OUT ONE MILLION
DOLLARS OE COPYRIGHT INSUR.‘\NCE COVERING OUR
C.\T.\LOGUE AND PROTECTING OUR BRO.ADC.4STING
STATIONS AND THEIR ADVERTISERS, ADVERTISING
AGENCIES AND PERFORMING .ARTISTS. DETAILS OF
THIS COVERAGE WILL BE FURNISHED YOU L.4TER.

BR0.4DCAST MUSIC, INC.

Tacoma Decision

Here is the text of the three-judge Federal District
Court decision in Tacoma, Washington, denying ASCAP
an injunction against enforcement of the Washington
state copyright law:

Haney, Circuit Judge

This is a suit to enjoin enforcement of a Washington Statute
on the ground of its unconstitutionality. The cause has been
submitted on an application for a permanent injunction.

Briefly stated, the Statute attacked declares it to be unlawful
for separate copyright owners to pool the copyrights in order to
fix prices, collect fees, or issue blanket licenses for the use of
such copyrights, except where the licenses are issued assessing
rates on a “per piece” system of usage. The detailed provisions
of the Statute need not be discussed.

The Bill prayed for a permanent injunction restraining defendants
from taking any act or proceeding under the Statute, and for a
decree declaring such Statute unconstitutional. It is alleged in
the Bill that on Eebruary 13, 1914, a small group of composers,
authors and publishers organized a voluntary unincorporated
nonprofit association under the laws of New York, which they
designated as the American Society of Composers, .Authors and
Publishers, hereafter called the Society, for the purpose of licensing
to users of music throughout the country the right to publicly
perform for profit the works of its members. It was further
alleged that there are approximately 123 publisher members of
the Society and about 1000 writer and composer members of the
Society. . . . That such members assign their respective exclusive
right of public performance for profit in their respective musical
compositions . . . that similar organizations exist in foreign coun¬
tries, and the Society has the exclusive right to and does license
within the United States, the public performance for profit of the
musical compositions copyrighted by all members of such foreign

January 3, 1941 — 3

societies . . . and that the Society’s blanket license permits the
licensee to use many hundreds of thousands of compositions
composed and written by more than 44,000 members of such
foreign societies.

It appears that the members assign to the Society the exclusive
right of public performance, and the Society then has the
exclusive right to permit by licenses, licensees to use or not to use
the compositions of the Society’s members, to fix the prices for
licenses, to sue for infringement, and in general, to manage the
right of public performance in the same manner as the owner of
the copyright.

The motion to dismiss on behalf of the defendants, was based
on several grounds, one of which was “That mere unconstitu¬
tionality, even assuming it to exist, does not warrant injunctive
relief, but that the facts alleged must bring the case within the
recognized rules of equity relating to injunctions, and that com¬
plainants have not done so.” The motion to dismiss filed by
intervener KMO, Inc., states a number of grounds, one being
that the plaintiffs are not entitled to equity because they were
a monopoly. Although no answers have been filed, we may treat
the motions to dismiss as answers. Intervener Lockhart argues
the monopoly question, but his motion to dismiss does not present
such question. We treat his motion as an answer and amended
so as to present the question.

Regarding the completeness of the monopoly of the Society,
it is said in Buck v. Swanson, D. C., Neb. . . . J. 33 F. Supp.
377, 386. . . .

"Of the popular music necessary for the successful operation
of radio stations, dance halls, hotels and theaters, the Society has
control of about 85 per cent or 90 per cent and also has control
of from SO per cent to 75 per cent of the standard or older music
that is played occasionally. All of the large and more influential
publishers of music in the United States are members of the
Society. The users of music in Nebraska can not successfully
carry on their business except they deal wdth the plaintiff Society
because there is no place where nor person or agency to whom
users of music in Nebraska may go in order to deal for public
performance rights and negotiate for music in any substantial
amount sufficient to meet the ordinary needs of music users in
the State, except the Society.”

Mr. Justice Black in Gibbs v. Buck, 307 U. S. 66, 81, says:

“This combination apparently includes practically all — probably
95 per cent — .American and foreign copyright owners controlling
rendition of copyrighted music for profit in the United States.
Not only does this combination fix prices through a self-perpetuating
board of twenty-four directors, but its power over the business
of musical rendition is so great that it can refuse to sell rights
to single compositions, and can, and does, require purchasers
to take, at a monopolistically fixed annual fee, the entire repertory
of all members controlled by the combination.”

In the instant case the testimony of the operators of tw'o of
the largest radio broadcasting stations in Washington was that
it w'ould be impossible to operate such stations without the music
controlled by the Society. The Society has neither submitted
evidence, nor made argument to the contrary.

On the hearing for an injunction pendente lite, we dismissed the
cause for lack of jurisdiction. Buck v. Case, 24 F. Supp. 541.
On apireal our decree was reversed with directions to take evi¬
dence on the jurisdictional question. Buck v. Gallagher, 307 U. S.
95. Subsequently, we referred the cause to a special master for
the taking of evidence on the question, and directed him to make
findings. The sprecial master found facts disclosing jurisdiction
in the court below. Believing that the evidence supports such
findings, we sustain them as not being clearly erroneous.

4 — January 3, 1941

Plaintiffs contend that the Washington Statute is unconstitu¬
tional for a number of reasons, and rely on Buck v. Swanson. . . .

D. C. Neb . 33 F. Supp. 377, Buck v. Harton. . . . D. C.

Tenn. 33 F. Supp. 1014, and Buck v. Gibbs. . . . D. C. Fla. . . .
34 F. Supp. 510, holding somewhat similar statutes unconstitutional.
Before passing on that question, it is necessary to determine
whether or not plaintiffs may invoke the aid of a court of equity.
If a party “has been engaged in an illegal business and has been
cheated, equity wdll not help him.” Wheeler v. Sage, 68 U. S. . . .
1 Wall. . . . 518, 529.

In other words, before plaintiffs may invoke the aid of a court
of equity, they must come into court with clean hands. Keystone
Co. V. Excavator Co., 290 U. S. 240, 244. If the Society exists
in violation of the Sherman Anti-Trust .Act, it and the members
composing it, are not entitled to a decree for its benefit. Section
1 ... 15 USCA Sec. 1 ... of the Sherman Anti-Trust Act pro¬
vides in part . . .

“Every contract, combination in the form of trust or otherwise,
or conspiracy, in restraint of trade or commerce among the several
states, or with foreign nations, is declared to be illegal. Every
person who shall make any such contract or engage in any such
combination or conspiracy, shall be deemed guilty of a misde¬
meanor.” . . .

Section 2 ... 15 USC.A Sec. 2 ... of such Act provides in
part:

“Every person who shall monopolize, or attempt to monopolize,
or combine or conspire with any other person or persons, to
monopolize any part of the trade or commerce among the several
states, or with foreign nations, shall be deemed guilty of a
misdemeanor. . . .

Whatever the distinction between these two sections may be, the
supreme court has recently said that Congress, by the act in
question, “Extended the condemnation of the statute to restraints
effected by any combination in the form of trust or otherwise,
or conspiracy, as well as by contract or agreement, having those
effects on the competitive system and on purchasers and con¬
sumers of goods or services which were characteristic of restraints
deemed illegal at common law.”

.Apex Hosiery Co. v. Leader, 310 U. S. 469, 498. The “Effects”
mentioned were “business and commercial transactions which
tended to restrict production, raise prices or otherwise control
the market to the detriment of purchasers or consumers of goods
and services.” ID., p. 493.

Such effects were brought about by “Contracts for the restric¬
tion or suppression of competition in the market, agreements to
fix prices, divide marketing territories, apportion customers,
restrict production and the like practices, which tend to raise
prices or otherwise take from buyers or consumers the advantages
which accrue to them from free competition in the market.”
ID., p. 497.

There can be little question here that the Society has the power to
fix prices for the right to publicly perform compositions for profit.
Likewise, it has restricted substantially all competition in the sale
of such rights, because it has all such rights. Since the Interstate
Commerce feature is conceded to be present, the Society dearly
violates the Act in question . . . United States v. Socony Vacuum
Oil Co., 310 U. S. 150, 223 . . . unless the right to publicly perform
for profit is not embraced within the Act. Flpon that point the
-Act says nothing expressly about rights or commodities. The
statute is aimed at “Restraints” of trade and commerce, and
not at the “subjects” of the trade or commerce. Rights may be
and often are the subject of trade or commerce, and the Sherman
law limits restraints of trade in “rights” as well as commodities.
Standard Sanitary Mfg. Co. v. United States 226 U. S. 20, 49.

The restraint here is the power acquired by the assignments of
the Society’s members, to deal in a right acquired by copyrights
and thus we have a contract or combination in restraint of trade.
Straus V. Am. Publishers Assn., 2,U U. S. 222, 234. Plaintiffs
contend that if the activity of the Society “.Affects trade or com¬
merce, it promotes rather than restrains it.” Here, we are not
concerned with such questions. Congress has decided that if such
a combination has acquired power to fix prices, it is an illegal
combination in restraint of trade. Plaintiffs further contend
that the power to fix prices, as here, is not the odious “price
fixing” condemned by the Act in question. They say that while
a gallon of cil is the same no matter who sells it, musical com¬
positions are not gallons of oil, but each of them is different.
All we have said before, it is immaterial what the subject of the
trade or commerce may be. The fact is that the Society has
acquired the power to fix the prices at which rights of a particular
nature may be purchased by prospective users. We think that is
sufficient under the statute.

Buck V. Swanson. . . . D. C. Neb. . . . Supra, Buck v. Horton.
. . . D. C. Tenn. . . . Supra, and Buck v. Gibbs. . . . D, C. Fla,
. . . Supra, do not involve the point herein taken.

Let the bill be dismissed.

Labor

OVERTIME PRE-PAYMENT

A great many broadcasters are failing to take advan¬
tage of the money-saving overtime prepayment plan that
can be used to avoid extra cost under the Wage and
Hour Act.

The plan is simple. Take the case of an announcer
who regularly works 40 hours a week for $40. You need
him only 36 hours one week. Pay him his usual $40,
and credit yourself on your books with $4 overtime pre¬
payment. Three weeks later (or at any later date) he
works 44 hours. He is entitled to his regular $40, plus
$6 overtime. However, he has been prepaid $4 of the $6,
and so his payment that week will be only $42.

Time off for fishing trips, funerals, and the like can
be used to the same advantage, provided that it is under¬
stood between the employer and employee that the regular
salary is for a full week’s work, and that any time off
will be used to establish credit against future overtime.

\’acations, holidays, and sick leave could be used for
the same purpose if it were similarly understood between
the employer and employee. However, the NAB is of
the opinion that it would be of doubtful wisdom, in the
long run, to compel employees to make up time off for
vacations, holidays and sick leave when this has not been
the practice in the past.

Any broadcaster contemplating the use of the pre¬
payment plan should notify in writing each employee
involved how he will be affected. A copy of this notice
should be retained in case it is requested by the Wage
and Hour inspector.

The prepayment plan cannot be used in the cases of
employees who customarily work an irregular number of
hours. Their regular hourly rate for the purpose of deter¬
mining overtime, must be determined week by week.

Here is the Wage and Hour Division’s official state¬
ment on the prepayment plan:

Salaried Employees

Let us take the example of a salaried employee who earns ,$20.00
a week for a regular workweek of 42 hours and whose regular
rate of pay is therefore 50 cents an hour. ($20 40 hours.)

Weeks 12345678
Hours 36 40 40 40 40 40 40 48

For the first week the employee will receive .$20.00 although he
earned and is entitled to only ,$18.00 (36 hours X SO cents). The
employer will credit himself with $2.00 as a prepayment of com¬
pensation for overtime to be subsequenth' worked. The employee
will receive $20.00 during each of the next six weeks. For the
eighth week the employee is entitled to $26.00. ([40 hours X 50
cents] + [8 hours X 75 cents]). He will thus have worked off
the entire credit of $2.00 accumulated by the employer and will
receive $24.00 in cash.

The validity of the plan as outlined depends upon the assumption
that the employee is overpaid when he received $2 1 .00 for the
first week of 36 hours and that therefore the employer has loaned
or advanced him $3.00. In addition to the criteria set forth
under case I to determine whether the “loan” or “advance” is
real or only a bookkeeping device an additional consideration
comes into play with respect to the salaried employee who works
a regular number of hours. If the employer, who contemplates
adopting a “prepayment” plan is presently required by contract
or agreement with the employee, express or implied, to pay him
the fixed wage or salary even when the employee works less than
the regular number of hours in some week or weeks, it cannot be
said that the employee is paid in excess of what he earns or is
entitled to when he receives the fixed wage or salary in such
weeks.* He has received no “loan” or “advance” and no amount
therefore may be credited to the employer as a prepayment of
compensation for overtime to be subsequently worked.

For the same reason a prepayment plan cannot be applied to a
salaried employee who works a fluctuating number of hours.

* It cannot be emphasized too strongh' that the validity of the
plan depends upon the assumption that when the employee receives
$20.00 in the weeks when he works less than 40 hours, he is being
paid in excess of what he earns or is entitled to and is therefore
given a loan or advance which he may work out b\' subsequent
overtime. . . . The determination of this question may depend
upon what the parties understand will happen when an employee
severs his relationship with the employer. If the employer still
has some accumulated credits at that time, will some attempt be
made to get back the amount of the “loan” or “advance” from the
employee since there is no further possibility that it will be
worked out by subsequent overtime? The fact that no attempt
will be made by the employer to collect the amount due him
either by deducting such amount from the employee’s last check
or by some other way, is some indication that the “loan” or
“advance” is simply a fictitious bookkeeping device.

Similarly the fact that at the end of the year or at the end of
some shorter period credits accumulated by the employer are
simply wiped off the slate and a new start is made, is some indi¬
cation that there is no “loan” or “advance” in fact but simply a
bookkeeping device. If there is no “prepayment” in fact and
the plan is nothing but a bookkeeping device, the .Act will have
been violated. No one criteria may be sufficient to determine this
question but all the criteria set forth herein will be given weight
in deciding this question.

January 3, 1941 — 5

Since the nature of such an employee’s employment is that he
will receive the fixed basic salary regardless of the number of
hours worked it cannot be said that such an employee is paid in
excess of what he earns or is entitled to in any W'eek in which
he receives the fixed salary eevn though such weeks may have
been short weeks.

We have considered above the question of the conversion of a
salaried employee working a fluctuating number of hours into
an hourly rate employee.

The amounts paid to an employee while absent from work on a
vacation, holiday, sick leave or other miscellaneous periods of
leave, may not be considered by the employer as prepaid over¬
time compensation just as the time off during such periods may
not be used to balance overtime worked within the pay period.
Payment during holidays, vacations, etc., is not payment for
overtime and may not be considered by the employer as com¬
pensation for the employee’s overtime work under the Act.

In two respects a prepayment plan, if it may be properly applied
to salaried employees, is not subject to the same restrictions as a
“time off” plan. It is not confined, in its operation, to the pay
period. Credits to the employer, i. e., amounts paid by him in
excess of the amounts earned by the employee or to which the
employee is entitled, may be carried over beyond the pay period
until they are consumed by the overtime w'ork of the employee.
Secondly, a prepayment plan may be applied to employees who
are paid w'eekly.

It need not be restricted in its application, as is the “time off”
plan, to employees paid on a bi-weekly, semi-monthly, or monthly-
basis. Under a prepayment plan the employee is being paid the
overtime compensation due him, either in advance or, at the
latest, at the time of the regular pay period.

Where applicable, a “time off” and “prepayment” plan may
be applied in conjunction with each other.

Sales

PAUL PETER ADDRESSES MARKETING
ASSOCIATION

Paul Peter, NAB Director of Research, spoke Thurs¬
day, December 26, before the American Marketing
Association in convention at Chicago. The convention
session, at which Mr. Peter spoke, was titled “Advertising,
1941 Model — How to Get More For Your Advertising
Dollar”. Mr. Vernon D. Beatty, Advertising Manager
of Swift & Company, was chairman of the session and
introduced the speakers as follows:

“Put More in Newspapers” — Fred Dickinson, Bureau of .Adver¬
tising, .American Newspaper Publishers Association.

“Put More in Magazines” — Frank Braucher, Periodical Pub¬
lishers .Association.

“Put More in Outdoor” — F. N. McGehee, Outdoor Advertis¬
ing:. Inc.

“Put More in Radio” — Paul F'. Peter, Director of Research,
National .Association of Broadcasters.

Mr. Peter summarized his discussion as follows:

“Why Put More in Radio? Because broadcasting faces 1941
w'ith the largest circulation of any advertising medium ... 9 out
of 10 homes with radio . . . more than a third of passenger cars
are radio-equipped ... 50 million radios in the country.

“Because the use of these sets is increasing ... a greater per¬
centage of families use their sets daily . . . use them for more

6 — January 3, 1941

hours per day . . . use them more in the summer as well as the
winter . . . use them more in the daytime ; morning, afternoon
and evening.

“Because the use of sets in upper, middle, and lower income
families is increasing . . . average program ratings are rising giving
advertisers lower cost per thousand results . . . lower than any
other advertising medium.

“Because the nation’s largest advertisers are giving a greater
share of their advertising appropriations to radio . . . greater than
any other advertising medium.

“Because the ‘super-advertisers’, those spending a million dollars
or more in the three major media, put the major share of their
budgets in radio . . . more of them ‘major’ in radio than any
other medium.

“Because the average American family is spending more money
annually for radio listening (operations, ownership and upkeep)
than for purchases of newspapers and magazines combined.
Etc. . . . Etc. . . .”

NRDGA ASSOCIATE MEMBERSHIP

As a result of a conference with Joseph E. Hanson,
manager of the Promotion Department of NRDGA, the
solicitation of radio stations to take out associate member¬
ship in that organization will be held in abeyance. We are
endeavoring to work out a plan with Mr. Hanson which
we feel will be mutually beneficial to his organization, to
the broadcasters and to NAB. Any contemplating mem¬
bership in NRDGA are asked to communicate with us
before taking any action.

VOORHIS BILL

The Voorhis Bill (H. R. 10720) to tax advertising ex¬
penditures in excess of $100,000 annually, has died with
the close of this Congress. Presumably, however, it will
be introduced again early in the new Congress.

If enacted, it would operate to prevent advertisers from
deducting advertising expense, — over and above a basic
exemption of $100,000 to each business, — from gross in¬
come in computing taxable net income under the Federal
income tax and excess-profits tax laws. The effect of such
enactment would be widespread, as there are several hun¬
dred advertisers whose expenditures for advertising in
major media annually exceed $100,000.

The Voorhis Bill (Voorhis, D. — Cal.):

A BILL

To provide funds for the national defense; to prevent avoidance
of taxes by unlimited investment in advertising; to control un¬
economic advertising expense engaged in by the liquor, tobacco,
and luxury trades; to discourage advertising on the public high¬
ways and to derive revenue therefrom ; and for other purposes.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled.

SHORT TITLE

Section 1. This Act may be cited as the “Advertising Tax Act”.

FINDINGS AND DECLARATION OF POLICY

Sec. 2. (a) Congress hereby finds (1) that some taxpayers are
and for many years have been avoiding income taxes by making
extravagant investments in good-will advertising: (2) that the
graduated levies of the new defense taxes will be largely nullified
if unlimited deductions for advertising expense are permitted in
computing taxable net income; (3) that much of the advertising
sponsored by the liquor, tobacco, and luxury trades is an economic
waste not permitted in other countries; and (4) that advertising

on the public highways is a partial use of the public domain and
advertisers are tairly chargeable therefor.

(b) It is hereby declared to be the policy of this Act that the
conditions hereinbefore referred to shall be corrected.

DEFINITIONS

Sec. 3. When used in this Act —

(a) “Advertising” means and shall include all expense incurred
which publicizes within the boundaries of the United States a
business or its products and is for the purpose of promoting the
business enterprise. It shall include all radio programs, publications,
posters, and notices except items of office stationerv and expense.
It shall also include all legislative and lobbying expense and all
attorney's fees directed toward the influencing of legislation.

(b) “Taxpayer” means and shall include any person, individual,
trust, estate, corporation, or organization who files a return under
the income-tax or excess-profits-tax laws of the United States.

(c) “Billboard” means and shall include all billboards, signs,
posters, or posted advertisements fronting on and visible from a
public highway. Each variation or change in subject matter shall
constitute a different billing or billboard. “Billboard” within the
meaning of this .Act shall not include signs or posters which adver¬
tise a business conducted or a product sold on the premises and
such signs or posters shall be exempt from the special license fee
or tax imposed by section 4 of this Act.

(d) “License” means a suitable tag or label to be devised by the
Commissioner and appended by the taxpayer to the lower left
corner of each billboard to indicate payment of the tax.

(e) The “Secretary” means the Secretary of the Treasury of the
United States.

(f) The “Commissioner” means the Commissioner of internal
Revenue of the United States.

(g) The “United States”, when used in a geographical sense,
means and includes the several States, the District of Columbia,
the Territories, and all possessions.

EXCISE, TAX, OR DUTY

Sec, 4. (a) There is herebi' levied an excise, tax, or duty of $1
for each calendar year or part thereof on each billboard in the
L'nited States.

(b) Failure to pay the said excise, tax. or duty and affix a
license to a billboard within ten days following the erection thereof
shall subject both the advertiser and the erector to a fine of $100
for each such offense and the billboard shall be subject to destruc¬
tion or sale at the discretion of the Commissioner.

(c) The revenue raised under this section shall be paid into
the special fund established by title III of the Revenue .^ct of
1940 for the national defense.

deductions for advertising

Sec. .3. (a) All advertising expense of any taxpayer shall be
taxed as net income under the income-tax and excess-profits-tax
laws of the United States (titles I and II of the Revenue .^cts of
1940). No deduction of advertising expense from gross income
shall be allowed in computing taxable net income thereunder.

(b) \ basic exemption of $100,000 a year shall be permitted
each business. If two or more taxpayers constitute the ownership
of a single business, they shall be entitled to only a single exemp¬
tion to be shared between them. What constitutes a single business
shall be governed by regulations to be issued by the Commissioner.

(c) The Secretarv. the Commissioner and taxpayers shall have
the same rights and duties hereunder as they have in regard to the
income-tax law.

conflicting laws

Sec. 6. All Federal Acts or parts of .\cts in conflict with anv
of the terms of this Act are hereby expressly repealed to the
extent of such conflict.

date

Sec. 7. This Act shall take effect upon its enactment.

Miscellaneous

NAB ASSOCIATE MEMBERSHIP

At its meeting last month, the Board of Directors ap¬
proved a plan of Associate Membership submitted by the

Board committee consisting of Messrs. John J. Gillin, Jr.,
Earl Gammons, and Eugene P. O’Eallon. The plan opens
Associate Membership in NAB to Transcription Com¬
panies, Equipment (Manufacturers, Station Representa¬
tives and News Services. Dues are based upon a classi¬
fied schedule and have been worked out on a fair and
equitable basis.

The new plan accords to Associate Members all rights
of membership except voting and gives them official recog¬
nition at the NAB convention. Only those who are Asso¬
ciate Members in good standing will be permitted to con¬
duct exhibits or establish their headquarters rooms in the
hotel where the cohvention is being held. An official list
of exhibitors will be published and the Association will
stand a certain portion of the Associate Members’ ex¬
hibiting expense. The members of NAB are asked to
assist in securing associate memberships from those com¬
panies which are eligible. Before the next copy of the
Reports reaches you, the number one mailing piece in
the associate membership campaign will have been gotten
out to all prospects. xAny assistance which any of the
members can render us in rounding up these associate
memberships will be greatly appreciated.

50,100,000 RADIO SETS

MEMO TO STATION EXECUTIVES:

It is suggested that the information below
be included in an appropriate news show over
your station and be used additionally where
it will do the most good.

ARTHUR STRINGER.

The number of radio sets in use in the United States
is estimated by the National .Association of Broadcasters
to be 50,100,000 as of January 1, 1941. This is a net
increase of 6,100,000 receivers in use over the year
previous.

Included are consoles of all types, portable sets, new
“personal” radios and auto radios.

The figures of set ownership in the United States in¬
dicate that the country is well along on a program of a
set in every room and in every automobile. This in¬
creasing availability to the instrument of program recep¬
tion points to far more radio listening than was considered
possible two or three years ago.

“50,000,000 Radio Sets by Christmas”, the radio in¬
dustry’s special promotion, during the past December,
played an important part in lifting set ownership to the
new high figure.

January 3, 1941 — 7

NEW YORK TAX

The NAB-New York Tax Committee, appointed last
week by Neville IMiller to resist the proposed assessment
of station operating equipment by the City of New York,
met in New York last Friday. Decision was reached to
employ local tax counsel at once and to urge New York
City stations to give the committee their support. The
City of New York Tax Department proposes to tax as
real estate under the state law all radio, television and
facsimile equipment. The committee contends such equip¬
ment is personal property and not taxable as real estate.
The next meeting will be held in New York on January 3.

'I'hose in attendance were: Emanuel Dannett, WOR;
Howard Hausmann, CBS; Henry Ladner, NBC; E. C.
Sanger, WQXR; and Russell P. Place, NAB.

FEATURE SPORTS SHOW

Ellis Atteberry, manager of KCKN, Kansas City, had
an outstanding feature sports show on Christmas Day.
His effort was ably supported by a four column spread
in the Kansas City Kansan.

Greetings from members of the Kansas City Blues
baseball team, 1939 American Association pennant win¬
ners, received from all parts of the United States, w^ere
read over the air. The program also featured inter¬
views with:

Roy Harney, secretary of the pennant-winning blues,
and Walt Lochman, winner of the Minor League’s ‘‘most
p(jpular announcer” award; and included Christmas mes¬
sages from the Mayor and City Manager, from five sports
writers of Kansas City newspapers, from Ed Barrowq
president of the Yankees, from Gabriel Paul of the World’s
Champions Cincinnati Reds; and from Frank Collety of
the American Association.

Engineering

OHIO STATE CONFERENCE

The announcement of the full program for the Fourth
Ohio State Broadcast Engineering Conference shows that
an unusually interesting number of talks and lectures are
to be given. Talks and lectures previously announced
in the NAB Reports (p. 4819) are to be by E. K. Jett,
Chief Engineer of the ECC, A. D. Ring, Assistant Chief
I'lngineer of the ECC in charge of broadcasting; Harvey
Eletcher, Bell Telephone Laboratories; Major Armstrong
of Columbia University; W. R. G. Baker, Director of
Engineering for the Radio Manufacturers Association and
Peter Goldmark of the Columbia Broadcasting System.

Recent discussions on high fidelity in connection with
EM have produced considerable interest in quality. Sev¬

eral sessions such as “Speech Input Systems” by C. M.
Lewis and J. D. Colvin, “Studio Acoustics” by Paul J.
Washburn, “Sound Reproduction from Recordings” by
V. E. Hunt, “Loud Speakers” by H. F. Olson and “Hear¬
ing The Determining Factor For High Fidelity” by
Flarvey Fletcher will deal with the subject of faithful
reproduction.

Kenneth A. Norton from the FCC, long noted for his
scientific work on radio will deliver a lecture on trans¬
mission in the Ultra High Frequencies. Mr. Norton has
done some outstanding work on UHF transmission and
his talk should be of unusual interest. Andrew Alford,
well known for his antenna work in connection with blind
landing, has recently turned his attention to the applica¬
tion of some of his developments for other FTHF services.
His talk will be entitled “UHF Antennas and Transmis¬
sion Lines.” Raymond F. Guy of the National Broad¬
casting Company, one of the keenest students on FiM
will deliver a talk entitled “FM Field Tests”. Mr. Guy’s
talk will deal with the evaluation of the merits of AM
and FM with various deviations. The talk will be illus¬
trated with a set of test records recorded to demonstrate
the various effects encountered under different conditions.

There will be a Round Table on FM problems under
the Chairmanship of Paul deMars of the Yankee Net¬
work with E. J. Content of WOR and Dan Gallerup of
WTMJ at the table. Those who have particular ques¬
tions on EM that they would like to hear discussed at
the Round Table, are requested to send the questions to
the Director of Engineering of NAB.

Lynne C. Smeby, Director of Engineering for NAB
will be Chairman of the “General Discussion and Ques¬
tion Box”, conducted by Andrew Ring of the FCC. Those
who have questions on FCC engineering matters that
they would like to have discussed during this session, are
requested to send their questions to the Director.

Following is the complete schedule;

Speech Input Systems, C. M. Lewis, J. D. Colvin, RC.\; Studio
.Acoustics, Paul J. Washburn, Johns-Manville ; Polyphase Broad¬
casting, Paul Loyet, Central Broadcasting Company; Round Table
on Receivers, J. Kelly Johnson, Hazeltine Corp., E. B. Passow,
Zenith Radio Corp., W. L. Dunn, Belmont Radio Corp.; Sound
Reproduction from Recordings, F. V. Hunt, Harvard University;
General Discussion and Question Box, Andrew D. Ring, FCC,
Lynne C. Smeby, NAB; Loud Speakers, H, F. Olson, Radio Cor¬
poration of America; Television Standards, W. R. G. Baker, Gen¬
eral Electric Company; Color Television, Peter C. Goldmark,
Columbia Broadcasting System; The Status of Television, Harry
Sadenwater, Radio Corporation of America; Television Station
Operation, Robert M. Morris, National Broadcasting Company;
Television Field Pickups, Harold P. See, National Broadcasting
Corp.; The Status of Frequency Modulation, Edwin M. Armstrong,
Columbia University; FM Receivers, M. L. Levy, Stromberg-
Carlson ; FM Field Tests, Raymond F. Guy, National Broadcasting
Company; Operating Problems in FM Transmitters, I. R. Weir,
General Electric Company; FM Broadcast Transmitter Circuit
Design, John F. Morrison, Bell Telephone Laboratories; FM Allo¬
cation and Coverage, Stuart Bailey, Jansky & Bailey; UHF An¬
tennas and Transmission Lines, .Andrew .Alford, Mackay Radio
and Telegraph Company; Round Table on FM Problems, E. J.
Content, WOR, Paul deMars, Yankee Network, Dan Gallerup,
WTMJ ; Hearing the Determining Factor for High Fidelity, Harvey

8 — January 3, 1941

Fletcher, Bell Telephone Laboratories; UHF Transmission, Ken¬
neth A, Norton, Federal Communications Commission; UHF
Tubes, E. D. McArthur, General Electric Company.

Special Features — E. K. Jett, “Communications in National De¬
fense”; Dinner, Ft. Hayes Hotel; Basketball Game — Ohio State vs.
Purdue; G. C. Southworth, “Wave Guides”; and Banquet, Ft.
Hayes Hotel.

The Conference is to be held at Columbus, Ohio, between F'eb-
ruary 10 and 21. Full details may be obtained by addressing Dr.
W. L. Everitt, Director of the Conference, Ohio State University,
Columbus, Ohio,

Outlook for Radio

Remarks oj Neville Miller, President, National .1^-
sociation oj Broadcasters — America’s Outlook for 1941,
MBS, Sunday, December 29, 1940.

Available reports indicate that you, the American radio listeners,
have purchased ten million additional radios in the past year,
increasing the total number of sets in use to more than fifty million.
It is safe to say that in 1941 there will be more listening to radio
than in any previous year. What this means in terms of national
unity ; what it means in maintaining the morale of the nation will
be well illustrated later in this evening when the President speaks
to the nation. Through radio, his voice is within the hearing of
every man, woman and child in the nation. If there be a threat
to our home security our leaders now may sound the warning to
all within the matter of seconds where before the days of broad¬
casting, hours, weeks and even months were required. It is of
the greatest importance that this system of mass communication
stand up in times of need.

In the past year the American system of privately operated,
competitive radio was given its greatest test. Both a presidential
campaign and a world war were upon us. Both combined to create
problems of programming and operation without precedent in
broadcasting experience. I believe that the record turned in is
another tribute to American enterprise and to the sincerity of the
American broadcaster in serving the public interest. Candidates
of the contending parties were given equal opportunity before the
microphone. Debates and challenges filled the air in typical .Amer¬
ican style. -As we listened to the candidates we heard the issues
explained. We made up our minds and w'ent to the polls and
voted as free men and women are privileged to do. .And having
made our choices we now forget our differences and rally behind
our leaders in the common defense of our homes and of our
liberties. This is the essence of democracy and .American Radio
is proud to be its voice.

In the year ahead, radio’s responsibility to the home and to the
nation will be greatly enlarged. The reporting of our national
defenses, day by day, and hour by hour if needs be, is a prime
responsibility. The cooperation of radio with government, with
the .Army and Navy is growing as new situations arise. The
religious, the educational and the cultural contributions of radio
must and will go on. .And none the less important will be the
programs of entertainment and amusement to bring us moments
of diversion and relaxation in the trying days ahead. We wall
need, as well, the inspiration of great music, of great drama and
of great artists. These radio will bring us. The service of radio
to agriculture, to commerce and to the consumer will not be
diminished. Also it is with confidence that we can look forward
to further progress in the radio art, technical and otherwise. .All
in all radio enters 1941 proud of its past and come what may in
this new year our microphones arc ready and prepared for the task.

FEDERAL COMMUNICATIONS
COMMISSION

FCC FINANCIAL QUESTIONNAIRE

Several points have arisen in connection with the filing
of the Financial Report required by the FCC. FCC Rules
and Regulations require this Report to be filed on or be¬
fore March 1. It will be recalled that last year the Com¬
mission granted an extension of time, to .4pril 15, to those
stations which requested it and set forth justifiable rea¬
sons for the delay (N.AB Reports January 12, 1940,
p. 395 1 ) .

The matter has been again presented to the Commission
and there is every hope the same procedure will be fol¬
lowed this year. It is suggested to those stations finding
an extension necessary file application therefor with the
Commission at a reasonable time before IMarch 1.

In addition to this final report, it will be noted that the
Commission also requests the submission by January 15
of an “.Analysis of Station Broadcast Revenue”. Such
report is for the purpose of aiding the accounting depart¬
ment of FCC to determine the financial position of the
industry in advance of the availabilit}^ of final data.
Broadcasters are requested, wherever possible, to cooper¬
ate. This request of the Commission is not a demand
order, but merely asks for advance information from
those stations which can supply such income information
in advance. It should be further noted that the Commis¬
sion requires all financial information on an accrual basis,
which means that all business performed in the year 1940
would be included in the revenue schedule regardless of
when the service is billed or finally paid for. Most sta¬
tions will have such information readily available in the
form of sales reports.

N.AB feels that there is value in the advance filing of
the revenue schedule and, therefore, urges those stations
who can supply the information required by January
15th, to make every effort to do so. Those stations not
finding it possible to complete the schedule should so ad¬
vise the Commission and set forth the reasons for their
failure to comply.

FCC ANNUAL REPORT

Following is the FCC’s summary of its annual report
to Congress, covering the year ended last June 30:

In an annual report which incorporates important developments
since the close of the fiscal year, the FCC chronicles new mi'e-
stones in the advancement of broadcasting, and cites augmented
duties in supervising radio, telephone, telegraph, and cable in
connection with the national defense program.

This streamlined report is almost half the size of the one last
year. To summarize some of its highlights:

N.ition.xl Defexse — The Commission's particular role in the
preparedness program is to “police’’ radio communications. In

January 3, 1941 — 9

consequence, it has added to its monitoring and other field facili¬
ties. Also, it must keep tab on the many persons who operate
electrical apparatus capable of farflung and almost instantaneous
communication. So it is requiring all radio operators (about
100,000 licensees — including commercial and amateur) to prove
their citizenship. Common carriers are compiling similar data
with respect to employees who engage in international communi¬
cation. The Commission has banned amateur communication
with foreign countries, and, further, prohibits the use of portable
long-distance transmitters by amateurs. Such steps are precau¬
tionary rather than disciplinary. The Commission does not want
to interfere with radio and wire communications any more than
is necessary for the national protection. Individuals and indus¬
tries concerned are collaborating in this common contribution
toward the national security. The relationship of radio, w'ire, and
cable facilities to the preparedness picture is being further coordi¬
nated in planning by the Defense (Communications Board, created
by E.xecutive order in September.

Broadcasting (FM) — Last year, which marked the 20th anni¬
versary of broadcasting, was notable because of Commission
recognition of a new type of public service in frequency modula¬
tion, popularly known as “FM.” The ensuing year will offer
practical demonstration of FM’s claimed clarity and staticless
qualities. .Also, by utilizing the high frequencies, FM promises
to relieve the long congested standard broadcast band. Business
will benefit by the new equipment, sets, and servicing which FM
requires. And, by being generally limited to local coverage, this
new service should have a stimulating effect on local programming.
Distinctive call letters have been assigned. To date the Commission
has authorized 25 FM stations to engage in full commercial
operation.

Broadcasting (Standard) — This older type of broadcast (which
uses amplitude modulation) should experience a marked improve¬
ment in service by reason of the North American Regional Broad¬
casting Agreement, effective March 29th next. Mutual interference
problems are expected to be eliminated or minimized as a result
of this compact between Canada, Cuba, Mexico, and the United
States. To make agreement possible, the Commission is effecting
an orderly shift of frequencies without disturbing the general
broadcast structure. A total of 846 standard broadcast stations
were operating or under construction during the fiscal year. There
were 79 new authorizations and 10 deletions. Increased use of
directional antennas is necessary in coping with the interference
problem. During the calendar year 1939 a total of 70S standard
broadcast stations (including netw'orks) reported total time sales
approaching ,‘f;i 30,000,000, making a net income of nearly $24,000,-
000. They also listed a payroll of nearly .$52,000,000 for nearly
25,000 employees. The report of the Commission’s special com¬
mittee on chain broadcasting was the subject of oral argument
in December in connection with its consideration by the full
Commission. Commission inquiry revealed some 200 domestic
stations broadcasting in about 30 foreign languages. Commission
action in five broadcast cases was upheld by the United States
Supreme Court.

Bboadcast (International) — Broadcast service to Latin America
w'as improved by reason of the Commission requiring power of at
least 50 kilow'atts for international program service. In this
country 13 international broadcast stations w'ere operative.

Television — Television is now making substantial progress with
the cooperative assistance of that industry and the Commission.
More than a score of stations geographically distributed throughout
the nation have been licensed to experiment with various types
of transmission with a view to reaching early accord on uniform
standards which will enable television to move forward on a full
commercial basis. Participating stations have budgeted a total
of $8,000,000 for this practical experimental work. In conjunction
with such effort, a National Television Systems Committee, jointly
sponsored by the Radio Manufacturers Association and the Com¬
mission, has made a thorough study of the engineering phases of
the situation which should be helpful in arriving at a general
agreement. The continued rapid evolution of television is attested
by developments in color reproduction, large-screen projection,
and new service demonstrations.

Miscellaneox:s Radio Services — Increased use of radio for
miscellaneous services is noted. Police stations have increased
to 6,300, aviation stations to nearly 2,000, and more than 1,000
stations are employed for forest conservation work. The Commis¬
sion clarified its rules with respect to more than 450 special
emergency stations. This class of station has demonstrated its
ability to establish radio communication in time of emergency.
The Commission completed its final report on a special study of

10 — January 3, 1941

radio requirements for safety purposes on the Great Lakes and
Inland Waters, and gathered information with respect to possible
like need on the Mississippi River system. There are 56,300
amateur stations in operation. Some 40,000 commercial operator
licenses were handled during the year. Inspection was made of
radio installation on more than 14,000 ships and at some 8,600
land stations.

Telegraph — As a remedy for many ills in the highly com¬
petitive telegraph industry, the Commission recommended merger
of the domestic telegraph companies, and, further, urged consoli¬
dation of international communication carriers domiciled in the
Llnited States in the interests of defense and other national needs.

Telephone — Savings to telephone users aggregating $10,000,000
annually are indicated by tariff revisions filed with the Commission
since its previous annual report. New construction amounting to
more than $9,000,000 was authorized.

Cable — Some cable, as well as radio, circuits were disrupted
as a result of the war, and the Commission speeded authorizations
for new or temporary replacements,

.Accounting — More than 23,000 tariff schedules were filed by
common carriers. The Commission adopted a revised uniform
system of accounts for telegraph and cable carriers, to become
operative in 1942. The new system, which conforms to Govern¬
ment accounting principles, wall supplant one in use since 1914.

Recommendations to Congress — None, other than those con¬
tained in the Great Lakes and telegraph merger reports.

FCC APPROPRIATIONS

FCC officials will go before a subcommittee of the
House Committee on Appropriations within the next few
days asking for an appropriation of $2,315,229 for the
1942 fiscal year. The appropriation under which the
Commission is now operating is for $2,176,340.

The breakdown of the money being asked by the
Commission for the coming fiscal year includes: for the
Legal Division, $281,952; Engineering Division, $840,-
000; Accounting, $379,227; Secretary's office, $534,767;
and “other obligations”, $271,296.

FCC DUTIES

FCC has announced that the work, business and func¬
tions of the Commission for the month of January have
been assigned as follows:

Commissioner Case Designated to determine, order, report or

otherwise act upon all applications or
requests for special temporary standard
broadcast authorizations.

Commissioner Thompson Designated to hear and determine,
order, certify, report or otherwise act
upon: (a) except as otherwise ordered
by the Commission, all motions, peti¬
tions or matters in cases designated for
formal hearing, including all motions
for further hearing, excepting motions
and petitions requesting final disposi¬
tion of a case on its merits, those hav¬
ing the nature of an appeal to the Com¬
mission and those requesting change or
modification of a final order made by
the Commission; provided, however,
that such matters shall be handled in
accordance with the provisions of Sec¬
tions 1.251 and 1.256, inclusive, of the
Commission’s Rules of Practice and
Procedure; (b) the designation pur¬
suant to the provisions of Sections 1.231
to 1.232 of the Commission’s Rules of
Practice and Procedure of officers, other
than Commissioners, to preside at hear¬
ings.

FROM THE FCC MAIL BAG

A Californian asked the Federal Communications Commission to
do something about interference to his radio reception caused by a
flasher used by a neighbor on his Christmas lights. I'he Commission
advised that under the law it has no authority itself to interfere
in such local matters, but suggested that a number of states and
municipalities do have ordinances intended to curb radio interler-
ence of this type.

Another Caliiornian, who complains of interference from Mexi¬
can stations, is told that the Commission has no jurisdiction over
broadcast stations in other countries, but is reminded that realloca¬
tions of trequencies under the North American Regional Broadcast¬
ing Agreement, scheduled to go into effect March 29 next, promise
a general improvement in radio reception.

Though the Commission cannot pass upon individual radio pro¬
grams, it refers a Schenectady man direct to a station which he
complains is using the national anthem as part of a commercial
continuity. By the same token, it bids a Philadelphian write to
networks which he feels are using programs that are “mob spirited”
and “appeal to greed”. However, the Commission can't oblige an
Indianapolis music fan who would like to see a local station com¬
pelled to carry a certain concert program.

A Mount Vernon, N. Y., resident is informed that there is noth¬
ing in the Communications .Vet or regulations to prevent the
solicitation of new bank accounts by radio. A Rhode Island woman
is told that the Commission cannot undertake the collection of
alleged over-due music royalties and that the matter is rather one
of legal proceeding.

A North Carolinian, who is interested in recording programs as
they come over the air for use in public schools, is advised that
such practice is not contrary to Commission rules but may involve
problems of copyright law.

The Commission is in receipt of a suggestion by a Californian
that radio broadcast stations be equipped with sirens to warn
listeners of air raids in event of war.

It is pointed out to a Philadelphia concern that broadcast is
not a common carrier service like telephone and telegraph, hence
the Commission has promulgated no accounting regulations for
radio stations. However, it does require station licensees to file
annual financial reports.

A Harvard law student who inquires about ‘‘res judicata” in
Commission administrative proceedings is informed:

The doctrine of “res judicata” does not play a major part
in the Commission’s action in granting or denying an applica¬
tion for a license to operate a radio station. If a person desires
a license, he files an application which the Commission is under
a duty to grant if public interest, convenience or necessity will
be served thereby. The proceeding does not partake of a con¬
troversy between the applicant and existing licensees, but is an
application to the licensing agency for the grant of a written
instrument of authorization permitting the operation of radio-
transmitting equipment. Existing licensees, who will be com¬
petitors of the applicant, or who will suffer electrical inter¬
ference, frequently do oppose the granting of a license. The
basis of such opposition is that public interest, convenience or
necessity will not be served by a grant of the application.
The Commission will consider such information from any
source. Since there is no element of private controversy in
the granting of a license, the Commission has not deemed it
necessarv or appropriate to apply the doctrine of “res judicata”
to the granting of licenses,

“Can a wavelength in a radio wave be changed after it has been
broadcast ?” and “Can a wave be superimposed on long carrier
wave?” are questions from a Washington State resident. The
answer is of the “yes” and “no” variety depending upon the
medium through which the wave or waves travel. In other words,
radio waves may be modulated or imposed one upon the other
within the path between transmitter and receiver, but only under
abnormal conditions. The Commission explains:

“The frequency or wavelength of an electromagnetic wave
does not change when the wave travels through air, through a
copper wire or through any medium which has linear trans¬
mission characteristics. The amplitude of the wave and the
phase are altered but the wavelength remains constant. If a
square law detector or a vacuum tube is included in a wire
circuit, however, the output wave becomes a function of the
square of the input wave and the frequency of the wave is
doubled.

“Two carrier waves of different frequency, each modulated
and carrying different signals, may be transmitted on the same
pair of wires and they will not interfere with each other in

any way. At the output of the circuit both carrier fre¬
quencies and both signal frequencies will be the same as they
were at the input amd no additional waves or other frequencies
which were not in the original waves will have appeared:

‘‘Again, if a device with non-linear transmission character¬
istics. such as a square law detector, is inserted in the circuit,
the situation is altered. The output wave is now the square of
the sum of the two input waves and many additional waves
of different frequency are produced, .\mong them will be the
harmonics of the carriers, the beat note between the carriers
and a large number of the so-called modulation products of
the signals — not only those which were present in the ori¬
ginal signals but others which were not, such as the sums and
differences of the modulation frequencies, etc. With this phe¬
nomenon you are undoubtedly familiar from your experience
with broadcast reception and your knowledge of radio re¬
ceivers. The same principles apply in the case of radio waves
of different frequency radiated to a receiver from two broad¬
cast stations at different locations. Each wave reaches the
receiver unaffected by the other unless there is some region
of space through which both signals have passed which has
non-linear transmission characteristics. While the conditions
for such are not normal ones they do sometimes occur. Two
examples will be given. The signals of one broadcast station
may modulate the signals of another when under certain con¬
ditions — which are again unusual — both pass through portions
of the ionosphere having non-linear transmission character¬
istics. A certain type of cross-talk interference is observed in
broadcast reception caused by rectification of broadcast signals
in the house wiring system. This may occur when the wiring
leads are loose or in some cases broken. The signals of other
broadcast stations beyond the tuning range of the receiver
when rectified in these leads may then have components within
the tuning range of the receiver, thus capable of causing inter¬
ference.”

Federal Trade Commission

MARCH HEADS FTC

Colonel Charles H. March, a member of the Federal
Trade Commission since 1919, has been elected by the
Commission to serve as Chairman during the calendar
year 1941, succeeding Judge Ewin L. Davis.

Col. William H. England has been appointed Chief
Economist of the Eederal Trade Commission, succeeding
Dr. Francis Walker, who retires January 1, 1941.

FTC REPORTS TO CONGRESS
ON ADVERTISING

Advertising matter as published in newspapers, maga¬
zines, catalogs, and almanacs and as broadcast over the
radio is surveyed and scrutinized for false and misleading
representations by the Federal Trade Commission through
its radio and periodical examining staff on a continuing
current basis, says the Commission in its annual report.
This work includes duties devolving on the Commission
with the enactment of the Wheeler-Lea amendment to
the Federal Trade Commission Act. Discussing the
radio and newspaper advertising work the Commission in
its report to Congress says;

The survey of magazine and newspaper advertising was inau¬
gurated by the Commission in 1929, and the surveying of com¬
mercial advertising continuities broadcast by radio was started

January 3, 1941 — 11

in 1934. As expanded in 1939, this survey includes mail-order
catalogs and domestic newspapers published in foreign languages.

.4pparent and probable misrepresentations detected through
this survey are carefully investigated, and where it appears from
the facts developed that the advertising is false or misleading and
circumstances warrant, the advertisers arc extended the privilege
of disposing of the matters through an informal lu'ocedure, more
fully explained at page 123, which permits their executing stipula¬
tions in which they agree to cease and desist from the use of
the acts and [iractices involved. A large majority of the cases
are adjusted in this manner. In those cases where this informal
procedure is not applicable or does not result in the elimination
of the misleading claims, and the facts so warrant, formal proce¬
dure is instituted.

In cases of advertising involving food, drugs, devices, and cos¬
metics, the Commission has directed the negotiation of stipulations
with the advertising agencies which have disseminated those
advertisements as well as with the advertisers in whose behalf
the agencies acted.

In its examination of advertising, the Commission s only pur¬
pose is to prevent false and misleading advertisements. It does
not undertake to dictate what an advertiser shall say, but rathei
indicates what he may not say under the law.

Commission believes that its work in this lield contributes
suljstantially to the improvement that has been evident in recent
years in the character of all advertising.

\’ew^paper and magazine advertising.— In examining advertise¬
ments in current publications, it has been found advrsable to call
for some newspapers and magazines on a continuous^ basis, flue to
the persistently questionable character of the adyertisements pub¬
lished. However, as to publications generally, of which there are
some 20,000, it is physically impossible to survey continuously all
aflvertisements of a doubtful nature ; also, it has been found un¬
necessary to examine all the issues of publications of recognized
high ethical standard whose publishers carefully censor all copy
before acceptance.

Generally, copies of current magazines and newspapers are pro¬
cured on a staggered monthly basis, at an average rate of three
times yearly for each publication, the frequency of the calls for
each publication depending upon its circulation and the character
of its advertisements.

Throun-h such systematic calls for magazines and newspapers
during the fiscal year ended June 30. 1940. the Commission pro-
cured” 1,631 editions of representative newspapers of established
general circulation and 1.339 editions of magazines and farm
Journals of interstate distribution representing a combined cir¬
culation of 122,995,074. .-Xmong these periodicals were included
representative foreign-language publications having a combined
circulation of 1,417,587 copies.

The Commission examined 300.741 advertisements appearing in
the aforementioned newspapers and magazines and noted 24.104
as containing representations that appeared to be false or mis¬
leading. The 24,104 questioned advertisements provided current
specirnens for check with existing advertising cases as to their
compliance wtih orders of the Commission and stipulations ac¬
cepted from adx'crtisers, and also formed the bases of prospective
rases not previously set aside for investigation.

Almanac advertising. — .As an important supplement to its review
of periodical advertising, the Commission examines almanacs of
wide distribution which are used as advertising media for dis¬
tributors of drugs, devices, and other commodities sold for the
treatment of various ailments.

Mail-order advertising.— \r\ January 1939, the Commission ex¬
tended its examination of current published advertisements to in¬
clude a continuous systematic survey of arlvertising matter ap-
]iearing in mail-order catalogs and circulars. During the fiscal
year ended June 30. 1940, the Commission procured mail-order
catalogs and circulars containing an aggregate of 15,314 pages,
being distributed periodically by mail-order companies. Of the
56 mail-order houses included in this survey. 5 represent combined
annual net sales in excess of .11996,000.000 worth of merchandise.

In the subsequent examination of 15,208 pages of the mail-order
advertising, 441 i)agcs have been marked by the preliminary re¬
viewing staff as containing possibly false, misleading, and decep¬
tive material, and have been set aside for investigation. A wide
variety of commodities (including food, drugs, devices, and cos¬
metics) is included in this questioned advertising.

Radio advertising. — The Commission, in its systematic review of
advertising copy broadcast over the radio, issues calls to indi¬
vidual radio stations, generally at the rate of four times yearly
for each station. However, the frequency of calls to such indi-
\irlual broadcasters is varied from time to time, dependent prin¬

cipally upon transmittal power, the service radius or area of
specific stations, and the advertising record of certain types of
stations, as disclosed in analyses of previous advertising reviews.

National and regional networks respond on a continuous weekly
basis, submitting copies of commercial continuities for all pro¬
grams wherein linked hook-ups are used involving two or more
affiliated or member stations.

Producers of electrical transcription recordings submit monthly
returns of typed copies of the commercial portions of all record¬
ings produced by them for radio broadcast. This material is
supplemented by periodic reports from individual stations listing
the programs of recorded commercial transcriptions and other
essential data.

During the fiscal year ended June 30, 1940, the Commission re¬
ceived 759,595 copies of commercial radio broadcast continuities,
amounting to 1,518,237 pages of typewritten script. These com¬
prised 1,072,537 pages of individual station script and 445,700
pages of network script.

The staff read and marked 684,911 commercial radio broadcast
continuities, amounting to 1,398,561 pages of typewritten script.
These comprised 436,700 pages of network script and 961.861
pages of individual station script. An average of 4,570 pages of
radio script were read each working day. From this material
22,556 commercial broadcasts were marked for further study as
containing representations that might be false or misleading. The
22,556 questioned commercial continuities provided current speci¬
mens for check with existing advertising cases as to their com¬
pliance with orders of the Commission and stipulations accepted
from advertisers, in addition to forming the bases for prospective
cases which may not previously have been set aside for investiga¬
tion.

Cooperation of radio and publishing industries. — In general, the
Commission has received the helpful cooperation of nation-wide
and regional networks and transcription producers, in addition to
that of some 717 active commercial radio stations, 468 newspaper
publishers, and 540 publishers of magazines and journals, and has
observed an interested desire on the part of such broadcasters
and publishers to aid in the elimination of false, misleading and
deceptive advertising.

Source of radio and periodiced cases. — Examination of current
newspaper, magazine, radio, and direct mail-order house adver¬
tising, in the manner described, has provided the basis of 79
percent of the radio and periodical advertising cases handled
by the Commission during the fiscal year ended June 30, 1940.
Information received from other sources including information
from other divisions of the Commission, and from other Govern¬
ment agencies, formed the basis of the remainder of this work.

Analysis of questioned advertising. — An analysis of the ques¬
tioned advertising which was assembled by cases and given legal
review discloses that it pertained to the following classification
of 3.014 commodities in the proportions indicated:

Classification of Products

Commodity

Food, drugs, devices, and cosmetics: Percent

Fond 11.2

Drugs . 33.4

Cosmetics . 12.8

Devices . 2 .3

- 59.7

Other products:

Specialty and novelty goods . 11.2

.Automobile, radio, refrigerator, and other equip¬
ment lines . 4.9

Home study courses . 2.8

Tobacco products . 12

Ga.solinc and lubricants . 16

Poultry and livestock supplies and equipment, in¬
cluding hatchery products, etc . 2.0

Miscellaneous, including apparel, coal and oil fuels,
house furnishings and kitchen supplies, specialty

building materials, etc . 16.6

- 40.3

Total . 100.0

In the item of drug preparations listed above, a substantial pro¬
portion of the related advertising contained positive misrepresenta¬
tions or representations which encompassed possible injurious
results to the public and for that reason were given preferred
attention.

12 — January 3, 1941

Number of cases handled. — During the fiscal year the Commis¬
sion sent questionnaires to advertisers in 739 cases and to adver¬
tising agencies in 109 cases, and negotiated 190 stipulations, which
were accepted and approved by the Commission.

A total of S32 cases were disposed of by the various methods
of procedure. Of this number, 188 cases were considered settled
upon receipt of reports showing compliance wdth previously
negotiated stipulations. The remaining 344 cases w'ere closed
without prejudice to the right of the Commission to reopen if
warranted by the facts: 333 of them for such reasons as no evi¬
dence of violation, lack of jurisdiction, and insufficient public
interest ; 2 because the Post Office Department had issued fraud
orders against the advertisers, and 9 because the Post Office
Department had accepted from the parties concerned affidavits
of discontinuance of business.

In addition, the Commission, in 36 cases, ordered issuance of
complaint: in 17 instances where advertisers failed to stipulate; in 1
case in which the advertiser was not given an opportunity to
stipulate because of gross deception, and in 18 involving violation
of the terms of existing stipulations previously accepted and ap¬
proved. In 41 cases field investigations were ordered, including 13
wherein it appeared that application for injunction or crimunal
proceedings might be warranted. Also, 3 cases were referred to
other governmental agencies as concerning matters more appropri¬
ately coming within their jurisdiction.

Seven hundred forty-three radio and periodical cases were
pending on July 1, 1939, and 979 were pending on June 30, 1940.

Commission has access to scientific services. — Effective coopera¬
tion continued with other departments of the Government. The
Commission has access to the laboratories, libraries, and other
facilities of Federal Government agencies, including the National
Bureau of Standards, United States Public Health Service, and
the Food and Drug Administration, Bureau of Home Economics,
and Bureau of Animal Industry of the Department of Agriculture,
to any of w'hich it may refer a matter for scientific opinion.

Since the passage of the Wheeler-Lea amendment to the Federal
Trade Commission Act, the Commission has had the services of a
medical staff under the supervision of an e.xperienced and highly
qualified physician assigned to it by the United States Public
Health Service, so that the therapeutic claims of advertisers can
be competently and carefully examined. (See Medical Advisory
Service, p. 145.)

When necessary, the Commission obtains medical and other
scientific information and opinions from nongovernmental hospi¬
tals, clinics, and laboratories. Such material and cooperation are
often particularly helpful in enabling the Commission to reach
sound and fair conclusions with respect to scientific and technical
questions which come before it, and especially so in connection with
much of the work of the Radio and Periodical Division.

Procedure in advertising cases. — If it appears that a published
or broadcast advertisement coming to the Commission’s attention
may be misleading, a questionnaire is sent to the advertiser, and
request is made for a sample of the product advertised, if this is
practicable, and the quantitative formula, if the product is a
compound. Copies of all advertisements published or commercial
continuities broadcast during a specific period are also requested,
together with copies of all booklets, folders, circulars, form letters,
and other advertising literature used.

Upon receipt of these data, the claims, sample, and formula are
referred to the Commission’s Medical Advisory Division or to an
appropriate technical agency of the Government for a scientific
opinion. Upon receipt of the opinion, a list of such claims as then
appear to be false or misleading is prepared and sent to the adver¬
tiser, along with pertinent portions of the opinion. The advertiser
is extended the privilege of submitting such evidence as he may
desire in support of his claims; he may answer by letter or. upon
his request, may confer with the Commission’s Radio and Periodi¬
cal Division in person or through counsel.

If, after a consideration of all available evidence at hand includ¬
ing that furnished by the advertiser, the questioned claims appear
to be true, the division reports the matter to the Commission with
the recommendation that the case be closed.

If it appears from the weight of the evidence before it that the
advertising is false or misleading, the division refers the matter to
the Commission with recommendation either that complaint issue
or the case be returned to the division for negotiation of a stipula¬
tion, provided it is one appropriate for stipulation procedure and
the advertiser desires to dispose of it by such voluntary agreement
to cease and desist from the use of the acts and practices involved.

_ If the Commission so authorizes, the division prepares a stipula¬
tion and forwards it to the advertiser for execution. Should he
object to any of its provisions, he may discuss them by mail or

in person. If and when he agrees upon the terms of the stipulation
and signs and returns it, the matter is again reported to the Com¬
mission with recommendation that the stipulation be accepted and
the case closed without prejudice to the right of the Commission
to reopen the matter at any time the facts so warrant. If the
Commission accepts and approves the stipulation, the advertiser is
required to submit within 60 days from the date of acceptance a
report in writing showing the manner and form in which he has
complied and is complying with the provisions of his agreement.

Stipidation provides simplified methods. — The object of all Com¬
mission procedure is to prevent unfair methods of competition and
unfair and deceptive acts and practices in commerce, and experi¬
ence has show'n that this can be accomplished not only by cease
and desist orders, but by the stipulation method, which is effective
and speedy as well as inexpensive for both Government and
advertiser.

RADIO LEGISLATION SLATE CLEAN
AS CONGRESS ADJOURNS

The first session of the 77th Congress convenes Friday.
The third session of the 76th Congress has just adjourned,
the longest session in history outlasting the 345-day ses¬
sion in the war days of 1917-1918. The third session of
the 76th Congress convened on January 3, 1940. .A
number of attempts were made to adjourn the last session
but there were always enough members who insisted that
Congress should stay in session during the present emer-
genejn

Following is a complete list and status of bills of inter¬
est to the broadcasting industry when the last session
adjourned. The slate is now clean as far as all pending
bills and resolutions are concerned. All the old ones
“die” when the session of Congress adjourns;

SENATE BILLS

S. 517 (Sen. Johnson, Colo.) LIQUOR ADVERTISING—
Same as H. R. 251. Referred to Interstate Commerce Committee.
Hearings held. Reported to Senate.

S. 517 (Sen. Johnson, Colo.) LIQUOR ADVERTISING—
Same as H. R. 251. .Amendment (in the nature of a substitute)
to the committee amendment to the bill (S. 517) to amend the
Communications Act of 1934 to prohibit the advertising of
alcoholic beverages by radio. Ordered to lie on the table and
to be printed. No action.

S. 517 (Sen. Johnson, Colo.) LIQUOR ADVERTISING—
Same as H. R. 251. Amendment (in the nature of a substitute)
to the committee amendment to the bill (S. Sl7) to amend the
Communications .Act of 1934 to prohibit the advertising of
alcoholic beverages by radio. Ordered to lie on the table and
to be printed. No action.

S. 547 (Sen. Lodge, Mass.) COPYRIGHT — To create renewal
rights in author of articles in periodicals, encyclopedias, etc., when
such articles are not separately copyrighted but were included
in copyright of periodical or other composite work. Referred to
Patents Committee. Passed by Senate. Reported to House.

S. 550 (Sen. Sheppard, Texas) COMMUNIC.\TIONS .ACT —
To amend Section 303 by limiting the issuance of operators’ li¬
censes to citizens of the United States over the age of twenty-one,
provided the Commission may waive the age limit with respect
to amateur operators. Referred to Interstate Commerce Com¬
mittee. The bill as introduced refers to Section 303 (e), whereas
the correct designation is 303 (1). .A corrected bill will be intro¬
duced. No action.

S. 575 (Sen. C.apper, Kans.) LIQUOR ADVERTISING— Same
as H. R. 924. Referred to Interstate Commerce Committee. No
action.

S. 594 (Sen. Reynolds, N. C.) GOVERNMENT R.ADIO STA¬
TIONS — To establish marine schools in each state and other pur¬
poses, including the construction and operation by each school of
one or more stations on “a wave-length and power prescribed by
the Maritime Commission.” Referred to Commerce Committee.
No action.

January 3, 1941 — 13

S. 635 (Sen. Schwellenbach, Wash.) C0MMUNIC.4TI0NS
.^CT — To strike Section 315 of the Communications Act and to
require each station to set aside regular and definite periods of
desirable day and evening time for uncensored discussion on “non¬
profit basis of public, social, political and economic problems,
and for educational purposes.” Qualified candidates for public
office are not covered by the amendment. Referred to Interstate
Commerce Committee. No action.

S. 636 (Sen. Schwellenbach, Wash.) COMMUNICATIONS
ACT — To add to Section 315 with respect to candidates for public
office the requirement that the station shall keep complete records
open to public inspection. Referred to Interstate Commerce Com¬
mittee. No action.

S. 637 (Sen. Schwellenbach, Wash.) COMMUNICATIONS
ACT — To strike Section 326 and substitute in lieu thereof a
similar provision with respect to censorship by the Commission
with the proviso that it does not exempt stations from liability for
defamatory, profane, indecent or obscene language or action
broadcast by any officer, employee, agent or representative of the
station. Referred to Interstate Commerce Committee. No action.

S. 1095 (Sen. Sheppard, Texas) COMMUNICATIONS ACT
— To amend Section 303 (1). Corrected bill in substitution for
S. 550. Limits the issuance of operators’ licenses to citizens of
the United States over the age of twenty-one, provided the
Commission may waive the age limit with respect to amateur
operators. Referred to Intersate Commerce Committee. No
action.

S. 1268 (Sen. Wheeler, Mont.) COMMUNICATIONS ACT
— To reorganize the Communications Commission by creating a
new agency to be known as the Federal Communications and
Radio Commission, consisting of an administrative board of three
members. Referred to Interstate Commerce Committee. No
action.

S. 1520 (Sen. White, Maine) COMMUNICATIONS ACT—
To amend the Communications Act by creating an eleven-man
commission and for other purposes. Referred to Committee on
Interstate Commerce. No action.

S. 2058 (Sen. Nye, N. D.) PRIZE CONTESTS — Requires pub¬
lication of prize winners and the prize winning entry in all
promotion contests carried on through the use of the mails or
any facilities of interstate or foreign commerce. Referred to Com¬
mittee on Post Offices and Post Roads. No action.

S. 2251 (Sen. Chavez, N. M.) GOVERNMENT BROAD¬
CASTING STATION — Directs Secretary of Navy to construct,
maintain and operate high frequency stations to broadcast pro¬
grams to all nations in Western Hemisphere; to appropriate three
million dollars for construction purposes and one hundred thou¬
sand dollars for operative expense during year ending June 30,
1940. To Committee on Foreign Relations. No action.

S. 2466 (Sen. Sheppard, Texas) COMMUNICATIONS ACT
— Same as H. R. 5508. To amend the Communications Act of
1934 by adding Section 307J^, which would prohibit licenses in
excess of fifty kilowatts to any station broadcasting network
programs. Referred to Committee on Interstate Commerce. No
action.

S. 2611 (Sen. Wheeler, Mont.) GOVERNMENT RADIO STA¬
TION — Authorizing the purchase of site and erection of building
in Massachusetts for use as radio-monitoring station at cost not to
exceed ,$30,000. To Committee on Interstate Commerce. Passed
bv Senate. Reported to House.

S. 2719 (Sen. O’Maiioney, Wyo.) ANTITRUST LAWS— Same
as FI. R. 7035. To Committee on Judiciary. No action.

S. 2846 (Sen. Wheeler, Mont.) COPYRIGHT — Provides that
in network and transcription broadcasts originating station or
transcription manufacturer is solely liable for infringement. To
Committee on Patents. No action.

S. 3043 (Sen. Thomas, Idaho) COPYRIGHT — To amend and
consolidate the Acts respecting copyright. Referred to Committee
on Patents. No action.

S. 3512 (Sen. Pepper, Fla.) COMMUNICATIONS ACT— To
provide for public hearings on applications for licenses under the
Communications .4ct of 1934. Referred to Committee on Inter¬
state Commerce. No action.

S. 3515 (Sen. Bailey, N. C.) TO AMEND THE COMMUNI¬
CATIONS ACT OF 1934 IN ORDER TO PRESERVE AND
PROTECT LIBERTY OF EXPRESSION IN RADIO COM¬
MUNICATION — Prohibits Federal Communications Commis¬
sion’s taking adverse action for alleged program offenses; estab¬
lishes for broadcast stations minimum license period of 3 years
and maximum of 10 years; requires hearing where the Com¬
mission’s action would adversely affect the interest of any holder
of a license or any applicant therefor ; requires a hearing prior

14 — January 3, 1941

to any order of revocation of license; limits powers of the Presi¬
dent in time of peace and war. Referred to Committee on
Interstate Commerce. No action.

S. 3745 (Sen. Barbour, N. J.) COMMUNICATIONS ACT—
To limit the powers of the Federal Communications Commission
in certain cases. Referred to Committee on Interstate Commerce.
No action.

SENATE RESOLUTIONS

S. Res. 94 (Sen. White, Maine) COMMUNICATIONS COM¬
MISSION — To authorize investigation of the acts, rules, regula¬
tions, organization and policies of the FCC with respect to censor¬
ship of communications, ownership of broadcasting stations and
other matters. To Interstate Commerce Committee. No action.

S. Res. 251 (Sen. Lundeen, Minn.) — Whereas the Federal
Communications Commission on Feb. 29, 1940, issued an order
permitting limited commercial sponsorship of television beginning
Sept. 1, 1940; and

Whereas television interests immediately launched a manufac¬
turing, advertising and sales promotion campaign; and

Whereas the Federal Communications Commission on Mar.
22, 1940, rescinded its order of Feb. 29, 1940, with resultant
confusion in the minds of the public and causing abandonment
of manufacturing, advertising, and sales programs which had, in
effect, been authorized by the Commission’s earlier ruling;
Therefore be it

Resolved, That the Senate Committee on Interstate Commerce
is hereby requested to investigate the action of the Federal Com¬
munications Commission in connection with the development of
television and, in particular, to ascertain whether the Commission
has exceeded its authority, and whether it has interfered with the
freedom of public and private enterprise. Referred to the Com¬
mittee on Interstate Commerce. No action.

S. Res. 300 (Sen. Tobey, N. H.) — Resolved, That the Com¬
mittee on Interstate Commerce, or any duly authorized sub¬
committee thereof, is authorized and clirectecl to make a full
and complete investigation with respect to (1) 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 or in the production, sale, or distribution of
radio receiving or broadcasting apparatus; (2) the administration
by the Federal Communications Commission of those provisions
of the Communications Act of 1934, as amended, which relate
in any manner to radio communication; (3) the manner of exer¬
cise by licensees of the Federal Communications Commission of
the privileges conferred upon them by their licenses from the
Federal Communications Commission; (4) the effect upon the
public interest of any contract pertaining to radio to which any
such licensee or any broadcasting network is a party; and
(5) any attempts made by any such licensee, broadcasting net¬
work, or any person, company, or corporation, engaged in any
business relating to radio, or by any attorney, agent, or repre¬
sentative of any such licensee, network, person, company, or
corporation to unduly influence any public official in the exercise
of his duties with respect to any matter pertaining to radio. The
committee shall report to the Senate, at the earliest practicable
date, the results of its investigation, together with its recom¬
mendations, if any, for necessary legislation. Referred to the
Committee on Interstate Commerce. No action.

HOUSE BILLS

H. R. 94 (Mr. Maloney, La.) PAID TESTIMONIALS— To
require announcement of paid “recommendations” (testimonials),
if any at time of broadcast. Referred to Interstate and Foreign
Commerce Committee. No action.

H. R, 251 (Mr. Culkin, N. Y.) LIQUOR ADVERTISING—
To prohibit radio advertising of alcoholic beverages. Referred
to Interstate and F'oreign Commerce Committee. No action.

H. R. 252 (Mr. Culkin, N. Y.) LIQUOR ADVERTISING—
Same as II. R. 251, except that it specifically defines “alcoholic
beverage” as including “beer, ale, wdne, gin, whiskey, or brandy.”
Referred to Interstate and Foreign Commerce Committee. No
action.

H. R. 253 (Mr. Culkin, N. Y.) LIQUOR ADVERTISING—
To prohibit the transportation in interstate commerce of intoxi¬
cating liquor advertising, cither by mail or otherwise, including
radio broadcasting. Referred to Interstate and Foreign Commerce
Committee. No action.

H. R. 924 (Mr. Culkin, N. Y.) LIQUOR ADVERTISING—
Same as H. R. 253, except that it pertains to “alcoholic beverages”
and is not limited to “intoxicating liquor.” Referred to Interstate
and Foreign Commerce Committee. No action.

H. R. 926 (Mr. Daly, Pa.) COPYRIGHTS — To amend and
consolidate acts respecting copyright, including the creation of a
copyright in recording artists for renditions reproduced on phono¬
graph records, disks, sound tracks, or any other substances. Re¬
ferred to Patents Committee. No action.

H. R. 1651 (Mr. Dickstein, N. Y.) IMMIGR.^TION OF PER¬
FORMING ARTISTS — Denies admission to United States for
professional engagement of actor, singer or dancer where country
of origin does not grant, both in law and in fact, substantially
similar privileges to citizens of the United States. Referred to
Immigration and Naturalization Committee. No action.

H. R. 1964 (Mr. Lucy, Mass.) COPYRIGHTS — To create re¬
newal rights in author of articles in periodicals, encyclopedias, etc.,
when such articles are not separately copyrighted. Same as S.
547. Referred to Patents Committee. No action.

H. R. 2721 (Mr. Celler, N. Y.) GOYERNMENT RADIO
STATION — To construct and maintain Government radio broad¬
casting station in vicinity of Washington by Secretary of Navy,
with programs under direction of the United States Commissioner
of Education. Referred to Naval Affairs Committee. No action.

H. R. 2981 (Mr. Celler. N. Y.) LIBEL — SLANDER — Ex¬
empts station from liability for libel or slander when station proves
the exercise of due care to prevent the utterance of such state¬
ments. Referred to Judiciary Committee. No action.

H. R. 3582 (Mr. Flannery, Pa.) ADVERTISING — Requires
informative advertising of imported articles. Referred to Inter¬
state and Foreign Commerce Committee. Superseded by H. R.
5985. No action.

H. R. 3752 (Mr. Lea, Calif.) COMMUNICATIONS ACT— To
amend Section 303 (1). Limits the issuance of operators’ licenses
to citizens of the United States over the age of tw’enty-one, pro¬
vided the Commission may waive the age limit with respect to
amateur operators. Referred to Interstate and Foreign Commerce
Committee. No action.

H. R. 4224 (Mr. Lea, Calif.) COMMUNIC.\TIONS ACT— To
reorganize Communications Commission. Same as S. 1268. Re¬
ferred to Interstate and Foreign Commerce Committee. No
action.

H. R. 4433 (Mr. Lanham, Texas) COPYRIGHTS — To secure
prompt deposit of copyrightable material and prompt registration
of claims to copyright in the copyright office. Referred to Com¬
mittee on Patents. Hearing held. Superseded by H. R. 5319.
No action.

H. R. 4684 (Mr. McLeod, Mich) COMMUNICATIONS ACT—
To amend Section 307, subdivisions (d) and (e), by requiring
that broadcasting licenses be issued for a period not less than three
years nor more than five years and to provide against denial of
renewal application because of political views expounded over
station. Referred to Interstate and Foreign Commerce Committee.
No action.

H. R. 4871 (Mr. Daly, Pa.) COPYRIGHT ACT — To amend
the Copyright Act in various respects, including the creation of
copyright in recording artists covering the rendition of their
recordings w’hen reproduced mechanically. Referred to Committee
on Patents. No action.

H. R. 5319 (Mr. Lanham, Texas) COPYRIGHTS — To secure
prompt deposits of copyrightable material with Register of Copy¬
rights and prompt registration of claims to copyright. Referred
to Committee on Patents. No action.

H. R. 5435 (Mrs. Norton, N. J.) WAGE AND HOUR ACT—
To amend, to remove hours restrictions on employees making $200
or more a month, et al. Reported to House.

H. R. 5508 (Mr. Peterson, Fla.) COMMUNICATIONS ACT—
To amend the Communications Act of 1934 by adding Section
307J4, which would prohibit licenses in excess of fifty kilowatts
to any station broadcasting network programs. Referred to Inter¬
state and Foreign Commerce Committee. No action.

H. R. 5791 (Mr. Schulte, Ind.) COMMUNICATIONS— To
prohibit recording for profit or gain any program without consent
in writing of the performers. To Interstate and Foreign Com¬
merce Committee. No action.

H. R. 5985 (Mr. Flannery, Pa.) ADVERTISING— To require
announcement of place origin of all imported articles or articles
assembled in the United States from imported products, ingredients,
parts or materials. Referred to Interstate and Foreign Commerce
Committee. No action.

H. R. 6160 (Mr. McGranery, Pa.) COPYRIGHTS— To
amend the Copyright Act of 1909 in many respects, including the
creation of copyright in phonograph records, the extension of the
duration of copyright to 56 years. Referred to Committee on
Patents. No action.

H. R. 6219 (Mr. Doughton, N. C.) ALCOHOLIC BEVER-
.4GES — To amend the Federal Alcohol Administration Act so as
to prohibit, among other things, the advertising of alcoholic
beverages by radio. Referred to Committee on Ways and Means.
No action.

H. R. 6243 (Mr. Moser, Pa.) COPYRIGHTS — Regulating
use of copyrighted works. Authorizes Federal Communications
Commission to grant licenses and fix the fees for use of copy¬
righted works when an agreement w’ith copyright owner cannot
be secured. To Committee on Patents. No action.

H. R. 6695 (Mr. McGranery, Pa.) COMMUNICATIONS
ACT — To prohibit recording for profit or gain any program without
consent in w'riting of the performers. Referred to Interstate and
Foreign Commerce Committee. No action.

H. R. 6973 (Mr. Lea, Calif.) GOVERNMENT RADIO STA¬
TIONS — Authorizing the purchase of site and erection of building
in Massachusetts for use as radio monitoring station at cost not to
exceed $30,000. Referred to Committee on Interstate and Foreign
Commerce. Same as S. 2611. No action.

H. R. 7035 (Mr. Hobbs, Ala.) ANTITRUST LAWS — To amend
Sec. 8 of the Act entitled “An Act to protect trade and commerce
against unlawful restraints and monopolies,” and to provide addi¬
tional civil remedies against violations. Referred to Judiciary Com¬
mittee. No action.

H. R. 7188 (Mr. Cochran, Mo.) C0MMUNIC.\TI0NS ACT—
To abrogate FCC Rule 42.03(a), adopted by FCC May 23, 1939,
requiring international broadcast stations to limit programs to
those w'hich reflect the culture of the United States and promote
international goodwill, understanding and cooperation, and to
prohibit FCC adopting any similar rule. Referred to Interstate
and Foreign Commerce Committee. No action.

H. R. 7192 (Mr. Fay, N. Y.) PATENTS — To provide for the
compulsory granting of licenses under patents which are brought
by competitors within a single control in order to dominate an
industry. Referred to Patents Committee. No action.

H. R. 7456 (Mr. Kennedy, N. Y.) COPYRIGHT— Provides
that in network and transscription broadcasts originating station
or transcription manufacturer is solely liable for infringement.
Referred to Committee on Patents. No action.

H. R. 8263 (Mr. O’Brien, N. Y.) TO AMEND THE COPY¬
RIGHT ACT — Provides that the damages for infringement of
copyright of musical compositions played in hotels or restaurants
w'hen no entrance fee is charged, or cover or its equivalent charge
made, shall not exceed $10 for each performance, unless greater
damages are shown. Referred to the Committee on Patents.

H. R. 8509 (Mr. Ditter, Pa.) TO AMEND THE COM¬
MUNICATIONS ACT OF 1934 IN ORDER TO PRESERVE
AND PROTECT LIBERTY OF EXPRESSION IN RADIO
COMMUNICATION — Prohibits Federal Communications Commis¬
sion’s taking adverse action for alleged program offenses; estab¬
lishes for broadcast stations minimum license period of 3 years
and maximum of 5 years ; requires hearing where the Commission’s
action would adversely effect the interest of any holder or a license
of any applicant therefor; requires a hearing prior to any order
of revocation of license; limits powers of the President in time
of peace and war. Referred to Interstate and Foreign Commerce
Committee. No action.

H. R. 9665 (Mr. Clason, Mass.) COPYRIGHT — To reduce the
amount of damages for infringement of copyright of musical
compositions in certain hotels and other places. Referred to the
Committee on Patents. No action.

H. R. 9703 (Mr. McGranery, Pa.) COPYRIGHT— To amend
the Act entitled “An Act to amend and consolidate the Acts
respecting copyright,” approved March 4, 1909, as amended,
and for other purposes. Referred to the Committee on Patents.
No action.

H. R. 10205 (Mr. Bland, Va.) COMMUNICATIONS ACT—
To amend section 4(f) of the Communications Act of 1934, as
amended, to provide for extra compensation for overtime of inspec¬
tors in charge and radio inspectors of the Field Division of the
Engineering Department of the Federal Communications Commis¬
sion. Referred to the Committee on Merchant Marine and Fish¬
eries. Reported to House.

H. R. 10720 (Mr. Voorhis, Calif.) ADVERTISING — To pro¬
vide funds for the national defense; to prevent avoidance of
taxes by unlimited investment in advertising; to control uneconomic
advertising expense engaged in by the liquor, tobacco, and luxury
trades; to discourage advertising on the public highways and to
derive revenue therefrom; and for other purposes. Referred to
the Committee on Ways and Means.

January 3, 1941 — 15

HOUSE RESOLUTIONS

H. Res. 70 (Mr. Connery, Mass.) FCC INVESTIGATION—
Provides for exhaustive investigation of Federal Communications
Commission. Referred to Rules Committee. No action.

FI. Res. 72 (Mr. Wigglesworth, Mass.) BROADCASTING
AND FCC INVESTIGATION — Provides for investigation of the
broadcasting industry in the United States and of the acts, rules,
regulations and policies of the Communications Commission. Re¬
ferred to Rules Committee. No action.

FI. Res. 234 (Mr. Larrabee, Ind.) FCC — To authorize the FCC
to take steps to provide an adequate method to obtain data and
and other factual information and material necessary to determine
the effects of power in excess of fifty kilowatts, and to provide
that the FXC shall not be restrained from licensing one or more
than one station to operate on power of more than fifty kilowatts
for such experimental operation as may be necessary. Referred
to Committee on Interstate and Foreign Commerce. No action.

H. Res. 462 (Mr. Connery, Mass.) MONOPOLY INVESTI¬
GATION — A resolution to investigate radio broadcasting monopoly.
Referred to Committee on Rules. No action.

HOUSE JOINT RESOLUTIONS

H. J. Res. 149 (Mr. Sirovich, N. Y.) COPYRIGHT — To create
a Bureau of Fine Arts in the Department of the Interior with
authority in the Secretary of the Interior to undertake and carry
on “such projects and activities as may be necessary or appropriate
to foster, develop and encourage the use of copyrighted and copy¬
rightable material.” Referred to Patents Committee. No action.

H. J. Res. 585 (Mr. Dingell, Mich.) NATIONAL RADIO
D.4Y — Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled. That the President
of the FTnitecl States is authorized and directed to issue a proclama¬
tion designating August 26 of each year as National Radio Day,
calling upon officials of the Government to display the flag of the
United States on all Government buildings on that day, and
inviting the people of the United States to observe the day with
appropriate ceremonies. Referred to the Committee on the Judi¬
ciary. No action.

FEDERAL COMMUNICATIONS
COMMISSION DOCKET

Following broadcast hearings and oral arguments will
be held before the Commission during the week beginning
Alonday, January 6. They are subject to change.

Wednesday, January 8

WARM — Union Broadcasting Company, Scranton, Pa. — License
to cover C. P., 137(1 Ite., 250 watts night, 250 watts day,
unlimited.

Thursday, January 9

Oral Argument Before the Commission
Report No. B-115;

WBAX — John H. Stenger, Jr., Wilkes-Barre, Pa. — Renewal of
license, 1210 kc., 100 watts night, 100 watts LS, unlimited
time.

Friday, January 10

KRMC — Roberts Mac Nab Company (Assignor) (Arthur L.
Roberts, R. B. Mac Nab and A. J. Breitbach, General Mgr.),
and Jamestown Broadcasting Co., Inc. (Assignee), James-
towm, N. D, — Voluntary assignment of license, 1370 kc.,
250 watts night, 250 watts day, unlimited time.

FUTURE HEARINGS

During the past week the Commission has announced
the following dates for future broadcast hearings. They
are subject to change.

16 — January 3, 1941

February 4

To Be Held in the U. S. Court Building, San Juan, Puerto Rico

NEW — Puerto Rico Advertising Co., Inc., Arecibo, P. R. — C. P.,
1200 kc., 250 watts, unlimited.

NEW — Puerto Rico Advertising Co., Inc., San Juan, P. R. — C. P.,
1500 kc., 250 watts, unlimited.

NEW — Caribbean Broadcasting Association, Inc., San Juan, P. R. —
C. P., 1500 kc., 250 watts, unlimited.

WPRA — Puerto Rico Advertising Co., Inc., Mayaguez, P. R. —
Renewal of license, 780 kc., 1 KW night, 2^4 KW day,
unlimited.

February 17

WGNY — WGNY Broadcasting Company, Inc., Newburgh, N. Y. —
C. P., 1370 kc., 250 watts, unlimited.

NEW — Stephen R. Rintoul, Stamford, Conn. — C. P., 1370 kc.,
250 watts, unlimited.

February 19

KFJI — KFJI Broadcasters, Inc., Klamath Falls, Ore. — C. P., 600
kc., 500 watts night, 1 KW LS.

February 21

WMBG — Havens & Martin, Inc., Richmond, Va. — Modification of
license, 1350 kc., 5 KW, unlimited, DA day and night.
Present assignment: 1350 kc., 1 KW night, 5 KW day, un¬
limited, DA night and day.

February 24

WTEL — Foulkrod Radio Engineering Co., Philadelphia, Pa. — C. P.,
1500 kc., 250 watts, unlimited.

February 26

KF’'RO — Voice of Longview, Longview, Tex. — Modification of con¬
struction permit, 1340 kc., 5 KW, unlimited, DA night.
Present assignment: 1340 kc., 1 KW, unlimited, DA night.

KGNO — The Dodge City Broadcasting Company, Inc., Dodge City,
Kans. — Modification of license, 1340 kc., 500 watts night,
1 KW day, unlimited. Present assignment: 1340 kc., 250
watts night, 1 KW day, unlimited time.

FEDERAL COMMUNICATIONS
COMMISSION ACTION

Because of the holiday there was no meeting of the
Commission this week. The next regular meeting of the
Commission is scheduled for January 7.

MISCELLANEOUS

KFDY — South Dakota State College, Brookings, S. Dak. — Granted
special temporary authority to remain silent on December 25,
1940, and January 1, 1941, in order to observe the holidays.

WLBL — State of Wisconsin, Dept, of Agriculture, Stevens Point,
Wis. — Granted special temporary authority to remain silent
December 25, 1940, due to closing Federal Marketing Offices.

WSAM — Saginaw Broadcasting Co., Saginaw, Mich. — Granted spe¬
cial temporary authority to operate from 1 a. m. to 2 a. m.,
EST, on December 25, 1940, in order to broadcast Midnight
Mass only.

WlXK — Westinghouse Electric & Mfg. Co., Hull, Mass. — Granted
special temporary authority to operate a high frequency
experimental broadcast station on 42600 kc., 1000 watts
power, special emission for frequency modulation, with
transmitter located at Hull, Mass., and described as: West¬
inghouse, Type HE, maximum rated carrier power 1000
watts, for period January 1, 1941, to not later than March 1,
1941; denied authority to operate station WlXK on a com¬
mercial basis.

WlXSN — Westinghouse Electric & Mfg. Co., E. Springfield, Mass.
— Granted special temporary authority to operate a high
frequency experimental broadcast station on 42600 kc.,
1000 watts power, special emis.sion for frequency modulation,
with transmitter located at E. Springfield, Mass., and de¬
scribed as; Westinghouse, Type HE, maximum rated carrier
power 1000 watts, for period January 1, 1941, to not later
than March 1, 1941; denied authority to operate station
WlXSN on a commercial basis.

WlXSO — The Travelers Broadcasting Service Corp., Hartford,
Conn. — Granted special temporary authority to operate a
high frequency experimental broadcast station on 43700 kc.,
1000 watts power, special emission for frequency modulation,
with transmitter located at Avon, Conn., and described as:
Composite, maximum rated carrier power output 1000 w^atts,
for period January 1, 1941, to not later than March 1, 1941.

W9XAO — The Journal Co. (The Milwaukee Journal), Milwaukee,
Wis. — Granted special temporary authority to operate a
high frequency experimental broadcast station on 42600 kc.,
1000 watts pow'er, special emission for frequency modulation,
w’ith transmitter located at Milwaukee, Wis., and described
as: REL, Type 519, maximum rated carrier power output
1000 watts, for period January 1, 1941, to not later than
March 1, 1941; denied authority to operate station W9X.'\0
subsequent to January 1, 1941, and until the new high fre¬
quency broadcast station now being constructed is ready for
operation; denied authority to operate station WQX.AO under
the new call letters assigned new construction permit ; denied
authority to operate station W9X.-\0 on frequency 4.5500 kc.

William G. H. Finch, New York, N. Y. — Denied authority to op¬
erate Western Electric transmitter commercially, using 1000
w'atts, 45500 kc., at 1819 Broadway, New York City (File
No. Bl-PH-42) .

W8XVB — Stromberg-Carlson Telephone Mfg. Co., Rochester, N. Y.
— Granted special temporary authority to operate a high
frequency experimental broadcast station on 43200 kc., 1000
W'atts power, special emission for frequency modulation with
transmitter located at Rochester, N. Y., and described as:
R.E.L. Type Cat. No. 519, maximum rated carrier power
2000 W'atts, for the period January 1, 1941, to not later than
March 1, 1941.

WIXOJ — The Yankee Network, Inc.. Paxton, Mass. — Granted
special temporary authority to operate a high frequency
experimental broadcast station on 44800 kc., 50000 watts
power, special emission for frequency modulation, with
transmitter located at Paxton, Mass., and described as:
Radio Engineering Laboratories, Type 521, maximum rated
carrier power 50 KW, for period January 1, 1941, to not
later than March 1, 1941.

W3XO — Jansky & Bailey, Washington, D. C. — Granted special
temporary authority to operate a high frequency experi¬
mental broadcast station on 43200 kc., 1000 w'atts power,
special emission for frequency modulation, w'ith transmitter
located at Georgetown, D. C., and described as: Composite,
maximum rated carrier power 1000 watts, for period Jan¬
uary 1, 1941, to not later than March 1, 1941.

W8X\'H — WBNS, Inc.. Columbus, Ohio. — Granted special tem¬
porary authority to operate a high frequency experimental
broadcast station on 43000 kc., 250 watts power, special
emission for frequency modulation, with transmitter located
at Columbus, Ohio, and described as: GE, Type 4GF1A1,
maximum rated carrier power 250 w'atts, for period January
1, 1941. to not later than March 1. 1941; denied authority
to operate station W8XVH on a commercial basis.

W8XAD — WHEC, Inc,, Rochester, N. Y. — Granted special tem¬
porary authority to operate a high frequency experimental
broadcast station on 426(10 kc., 1000 watts, special emission
for frequency modulation, with transmitter located at
Rochester, N. Y,, and described as: R.E.L., Type 519, maxi¬
mum rated carrier pow'er output 1000 w'atts, for period
January 1. 1941, to not later than March 1, 1941; denied
authority to operate station W8X.'\D on a commercial basis.

W2XWG — National Broadcasting Co., Inc., New York, N. Y. —
Granted special temporary authority to operate a high fre¬
quency experimental broadcast station on 43900 kc., 1000
W'atts power, special emission for frequency modulation,
W'ith transmitter located at 350 Fifth .\ve.. New York City,
and described as: RCA Modified, Type 100 F.-\ exciter with
an MI-7151 RE amplifier, maximum rated carrier power
output 1000 watts, for period January 1, 1941, to not later
than March 1, 1941; denied authority to operate Station

W2XWG on 45106 kc. with 1000 watts power for period
of three months.

WlXPW — WDRC, Inc., Hartford, Conn. — Granted special tem¬
porary authority to operate a high frequency experimental
broadcast station on 44100 kc.. in order to continue experi¬
ment in rebroadcasting high frequency broadcast station
W2XMN emis.sions which are to be rebroadcast by WlXOJ,
1000 watts pow’er, special emission for frequency modula¬
tion, with transmitter located at Meriden, Conn., and de¬
scribed as: Composite, Type FMl, maximum rated carrier
power 1000 w'atts, for period January 1, 1941, to not later
than March 1, 1941; denied authority of Station WlXPVV
to operate on 46500 instead of 44100 kc.

WBNS, Inc., Columbus, Ohio. — Denied authority to operate a 3
KW GE transmitter on frequency 44500 kc. at 1035 Barnet
Road, Columbus, Ohio, and a quarter-wave antenna on top
of the present 382 foot WBNS antenna tower for the
period December 26, 1940, to not later than January 24,
1941, in order to render EM broadcast service in the Colum¬
bus area pending completion of Station W45CM.

W9XZR — Zenith Radio Corp., Chicago, Ill. — Granted special tem¬
porary authority to operate a high frequency experimental
broadcast station on 42800 kf., 5000 watts, special emission
for frequency modulation with transmitter located at 505 N.
Michigan Ave., Chicago, and described as: Zenith & REL
(using REL Modulation Unit), Type ZR-11 (494-B), maxi¬
mum rated carrier power output 5000 w'atts, for period
January 1, 1941, to not later than March 1, 1941; denied
authority to operate on 45100 kc., 5000 w'atts, at 135 S.
LaSalle St., (Thicago, with present transmitter; denied
authority to operate for 90 days from December 20 with
power of 5000 w’atts on 45100 kc. at 505 N. Michigan .^ve.,
Chicago.

W2XMN — Edwin H. Armstrong, N. of Alpine, N. J. — Granted
special temporary authority to operate a high frequencx'
experimental broadcast station on 42800 kc., 4000 w'atts
pow'er. special emission for frequency modulation, with
transmitter located at North of .41pine, N. J.. and described
as: Composite, Type RC.^, maximum rated carrier jrower
40000 W'atts. for period Tanuary 1, 1941, to not later than
March 1, 1941 ; denied authority to operate Station W2XMN
on a commercial basis.

W2XQR — John V. L. Hogan, Long Island City, N, Y. — Granted
special temporary authority to operate a high frequency
experimental broadcast station on 43200 kc., 1000 watts
pow'er, special emission for frequency modulation, with trans¬
mitter located at Long Island City, N. Y,, and described as:
Composite, maximum rated carrier power output 1000
W'atts; facsimile modulation may be employed in connection
with the program of research and experimentation (no
authority is contained herein to conduct a facsimile broad¬
cast service); authority granted for period January 1, 1941,
to not later than March 1, 1941 ; denied authority to operate
Station W2XQR on 48300 kc.

WBCM — Bay Broadcasting Company, Inc., Bay City, Mich. —
Granted petition for dismissal without prejudice of applica¬
tion for modification of license to increase nighttime power
from 500 w'atts to 1 KW.

WSF.\ — Montgomery Broadcasting Co., Inc., Montgomery, Ala, —
Granted petition for dismissal without prejudice of appli¬
cation for modification of license to increase nighttime
power from 500 watts to 1 KW.

WHIS — Daily Telegraph Printing Co., Bluefield, W. Va. — Granted
motion to dismiss without prejudice application for con¬
struction permit to install new equipment, increase power
from 500 W'atts night, 1 KW day, to 1 KW night. 5 KW da>'.

WTNJ — W0.4X, Inc.. Camden, N. J. — Dismissed petition to inter¬
vene in the hearing on the application for renewal of license
for WCAM.

WTNJ — WO.'\X, Inc., Camden, N. J. — Same except in re appli¬
cation of WC,4P.

WTNJ — WO.AX, Inc., Camden, N. J. — Dismissed petition to inter¬
vene in the hearing in re application of Trent Broadcast
Corp,, for a new station in Trenton. N. J., to operate on
1230 kc., 1 KW, unlimited time. D.\, and on its own motion
the Commission consolidated the hearings on Trent Broad¬
cast Corp., application and renewal for WTNJ.

The Gazette Co., Cedar Rapids. Iowa. — Granted motion for leave
to amend application for new- station so as to request fre¬
quency 1550 instead of 1420 kc., and 5 KW power instead
of 100 watts, unlimited time.

January 3, 1941 — 17

WCBA — Lehigh Valley Broadcasting Co., Allentown, Pa. — Granted
motion to accept amendments to application to increase
power from 500 watts to 5 KW, to include engineering
affidavit which proposes a new directional antenna (which
protects station CKGB, Timmons, Ontario).

WSAN — Lehigh Valley Broadcasting Co.. Allentown, Pa. — Granted
motion to accept amendments to application to increase
power from 500 watts to 5 KVV, to include engineering
affidavit which proposes a new directional antenna (which
protects station CKGB, Timmons, Ontario).

VVEAU — Central Broadcasting Co., Eau Claire, Wise. — Granted
special temporary authority to operate from 5:15 p. m. to
5:45 p. m., CST, December 25, 1940, in order to broadcast
NBC nation-wide salute to affiliation of WE.AU with NBC
network, only.

T. B. Gillespie, Palatka, Fla. — Denied as in case of default appli¬
cation for construction permit for new broadcast station to
operate on 1310 kc., 250 watts, unlimited time. (B3-P-2941 )

VVSOC — Radio Station WSOC, Inc., Charlotte, N. C. — Granted
modification of construction permit (B3-P-2893), which
authorized increase in power, move of transmitter and studio,
etc., for new transmitter and extension of commencement
and completion dates to one day after grant and 150 days
thereafter respectively.

KFBC — Frontier Broadcasting Co., Cheyenne, Wyo. — Granted
license to cover construction permit (B5-P-1339), which
authorized a new station to operate on 142(1 ke., 100 watts,
250 watts LS, unlimited time. Also granted authority to
determine operating power by direct measurement of an¬
tenna power.

WDAS — WDAS Broadcasting Station, Inc., Philadelphia, Pa. —
Granted license to cover construction permit (B2-P-3013),
which authorized installation of new' transmitter.

KTHS — Hot Springs Chamber of Commerce, Hot Springs Nat’l
Park, Ark. — Granted special temporary authority to operate
from 12 midnight, December 31, to 3 a. m. CST, January 1,
in order to broadcast New Years Celebration only.

WMRO — Martin R. O’Brien, Aurora, Ill. — Granted special tem¬
porary authority to operate from 4:30 to 8 p. m. CST, De¬
cember 27, and from 4:30 to 11 p. m. CST, December 28,
in order to broadcast sectional basketball tournament games
only.

WEAU — Central Broadcasting Co., Eau Claire, Wise. — Granted
special temporary authority to operate from sign-off (Jan¬
uary, 5:30 p. m. CST), to completion of Rose Bowl football
game on January 1st, in order to broadcast said game only.

WNYE — Board of Education, City of New York. New York, N. VL
— Granted special temporary authority to continue to operate
noncommercial educational broadcast station WNYE after
January 1, 1941, on 411(10 kf., for a period of 30 days
pending action on application to change frequency 42100
kc.

WN.MD — Lmiv. of Oklahoma, Norman, Okla. — Granted special tem-
porar>' authority to operate from 2 to 3 p. m. CST, January
7, 8, 9. 14, 15. 16, 21 and 22, and from 2 to 3:15 p. m. CST,
on January 6, 13, 20 and 27, in order to broadcast educa¬
tional programs; and to remain silent from 8:15 to 9:15
p. m. CST, on January 1 and 29, and from 7:15 to 9:15
p. m. CST, on January 2, 23, 28 and 30, during Christmas
yacation and semester examinations.

KGGF — Hugh J. Powell, Coffeyville, Kans. — To remain silent from
2 to 3 p. m. CST, on January 7, 8, 9, 14, 15, 16, 21 and 22,
and from 2 to 3:15 p. m., CST, on January 6, 13, 20 and 27,
in order to permit WNAD to broadcast educational pro¬
grams; to onerate from 8:15 to 9:15 p. m, CST, on January
1 and 29. and from 7:15 to 9:15 p. m. CST, on January
2, 23, 28 and 30. in order to fill WNAD’s time during Christ¬
mas vacation and semester exams.

WRUL — World Wide Broadcasting Corp., Boston, Mass. — Granted
special temporary authority to operate International Broad¬
cast Station on frequencies 1 173(1 and (!04() kc., with power
of 50 KW on Sunda\', December 29, in order to broadcast
speech of the President.

WSTV — The Valley Broadcasting Co., Steubenville, Ohio. — Denied
special temporary authority to operate simultaneously w'ith
WSAJ from 5 to 5:30 p. m. EST, on January 5, 12, 19 and
26, in order to broadcast Mutual Broadcasting System pro¬
gram entitled “Wheeling Steel Makers”.

WE.AU — Central Broadcasting Co., Eau Claire, Wis. — Granted
snecial temporary authority to operate from 8:30 p. m.,
CST, to conclusion of President’s speech on December 29th,
for purpose of broadcasting said speech only,

18 — January 3, 1941

WB.A.A — Purdue University, West Lafayette, Ind. — Granted spe¬
cial temporary authority to operate from 6:30 p. m. to
10:30 p. m., January 16, 7 to 10 p. m., January 17, 4 to 5
p. m., and 7:30 to 9:30 p. m. CST, January 18, 1941, in
order to broadcast basketball games only.

W.AJR — West \’irginia Radio Corp., Morgantown, W. V’a. —
Granted license to cover construction permit (B2-P-2871)
which authorized a new station to operate on 1200 kc., 250
w'atts, unlimited time ; also granted authority to determine
operating power by direct measurement of antenna input.

KOB — .Albuquerque Broadcasting Co., Albuquerque, N. Mex. —
Granted modification of construction permit (B5-P-2783)
which authorized changes in equipment and increase in
power, for extension of completion date from January 7 to
March 8, 1941.

WNAL — National Broadcasting Co., Inc., Washington, D. C. —
Granted modification of construction permit (Bl-P-2475)
authorizing installation of new transmitter, increase in
power, etc., for extension of completion date from 1-27-41
to 3-27-41.

WMC.A — Knickerbocker Broadcasting Co., Inc., New York City. —
Granted license to cover construction permit (Bl-P-2980)
which authorized move of old Composite transmitter from
Flushing, L. I., to site of new main transmitter, Bellesville
Turnpike, N. J., use power of 1 KW, emergency use only,
employing directional antenna day and night.

WMFF — Plattsburg Broadcasting Corp., Plattsburg, N. Y. —
Granted authority to determine operating power by direct
measurement of antenna input.

WIBM — WIBM, Inc., Jackson, Mich. — Granted authority to de¬
termine operating power by direct measurement of antenna
input.

W9XBK — Balaban & Katz Corp., Chicago, Ill. — Granted modifica¬
tion of construction permit (B4-PVB-S0) which authorized
a new television station, for approval of antenna system
and transmitter location at 190 No. State St., Chicago, Ill.

W9XYN — Head of the Lakes Broadcasting Co., Superior, Wis. —
Granted special temporary authority to operate a high fre¬
quency experimental broadcast station on 43000 kc., 1 KW
power, special emission for FM, with transmitter at 39th St.
and Tower .Ave., Superior, for period January 1 to March 1,
1941.

W3XMC — McNary & Chambers, Washington, D. C. — Granted spe¬
cial temporary authority to operate a high frequency ex¬
perimental broadcast station on 42(500 kc., 100 watts, special
emission for FM, with transmitter at 2701 14th St., N. W.,
for the period January 1 to March 1, 1941.

WRCA-WNBI — National Broadcasting Co., Inc., New York City.
— Suspended the effective date of modification of license
Bl-MLTB-45 and special temporary authority granted under
Bl-MLIB-44 until January 31. in order to permit the simul¬
taneous utilization of 9(570 and 17780 kc. while changes in
equipment are being made in accordance with outstanding
construction permits.

KYOS — Merced Broadcasting Co., Merced, Calif. — Granted spe¬
cial temporary authority to operate from local sunset (Dec.
4:45 p. m., PST), December 31, 1940, to January 1, at
1 a. m., 1941, in order to broadcast New Year’s Eve celebra¬
tions, and from local sunset (Kan. 5:15 p. m., PST) to 9
p. m., PST, January 1, in order to broadcast football pro¬
gram from Flawaiian Islands.

WBBM — Columbia Broadcasting System, Inc., Chicago, Ill. —
Granted extension of special temporary authority to operate
simultaneously with KFAB from 6 a. m., CST, to local
sunrise (Dec. 7:45 a. m.; Jan. 7:45 a. m., CST), for the
period December 30 and ending January 28, pending action
on formal application for such authority.

KFAB — KF.AB Broadcasting Co., Lincoln, Nebr. — To operate as
above except simultaneously with WBBM,

WJOB — O. E. Richardson and Fred L. Adair (a partnership),
Hammond, Ind. — Granted special temporary authority to
operate simultaneously with WF.AM from 7:30 to 8 p. m.,
CST, on December 28, in order to broadcast basketball game
tournament only, in addition to authority granted Dec. 16.

WSPA — Sirartanburg Advertising Co., Inc., Spartanburg, S. C. —
Granted special temporary authority to operate from 9:30
p. m., ES’T, to conclusion of President’s speech on December
29, in order to broadcast the speech only.

The Commission has granted further extension of relay broadcast

stations, upon a temporary basis only, pending receipt and deter-

mination of renewal applications, for the period January 1 to

February 1, 1941:

KAOU, Tucson, Ariz.; WEGZ, New Haven; WEIC, Schenectady;

KEIM, Phoenix, Ariz.; KEIN, Walla Walla, Wash.; KEGN, San

Francisco; KFAS, Fairbanks, Alaska; WEOM, Aurora, Ill.; WEOC,

Charleston, S. C.; WEKW, Hartford, Conn., and WENK, Erie,

Pa.

W2XOR — Bamberger Broadcasting Service Corp., New York, N._Y.

_ Granted special temporary authority to operate a high

frequency experimental broadcast station on 4350(1 kc., with
1000 watts power, special emission for frequency modula¬
tion, with transmitter located at 444 Madison Ave., New
York City, and described as Western Electric, Type D-1S1182,
maximum rated carrier pow'er output 1000 w'atts, for period
January 1, 1941, to not later than March 1, 1941; denied
authority to operate station W2XOR on the frequency of
47100 kc. (which frequency was granted for new high
frequency broadcast construction permit).

KFJZ — Tarrant Broadcasting Co., Fort Worth, Tex. — Granted
modification of construction permit (B3-P-2497) which au¬
thorized new transmitter, increase in power, etc., for move
of transmitter from northeast of Fort Worth to Yi mile
northwest of Birdville, Tex.; extend commencement and
completion dates from 11-17-40 and S-17-41 to date of
grant and 120 days thereafter.

APPLICATIONS FILED AT FCC

560 Kilocycles

WFIL — WFIL Broadcasting Co., Philadelphia, Pa. — .Authority to
transfer SO per cent of interest in corporation from Straw'-
bridge & Clothier to Lit Brothers, 7100 shares common
stock.

600 Kilocycles

WCAO — Monumental Radio Co., Baltimore, Md. — Construction
permit to change pow’er from 500 w'atts night, 1 KW day.
to 5 KW day and night, install new transmitter, install
directional antenna for day and night use, and move trans¬
mitter. Amended to make changes in directional antenna
for day and night use.

930 Kilocycles

WDBJ — Times-World Corporation, Roanoke, \’a. — Modification
of construction permit (B2-P-2522) for installation of direc¬
tional antenna for night use, increase in power, requesting
approval of transmitter location at present licensed site and
approval of directional antenna as specified under construc¬
tion permit (B2-P-2S22).

1050 Kilocycles

WIBC — Indiana Broadcasting Corp., Indianapolis, Ind. — Modifica¬
tion of construction permit (B4-P-2886) for change of
hours of operation, power, move of transmitter, and in¬
stallation of directional antenna day and night, requesting
installation of new transmitter, increase power from 1 KVV
to 1 KW night, 5 KW day, using directional antenna night
only, and extend commencement and completion dates.
Amended to make changes in directional antenna for night
use and move transmitter.

1200 Kilocycles

KFXD — Frank E. Hurt, Nampa, Idaho. — Authority to determine
operating power by direct measurement of antenna power.

1210 Kilocycles

WGRM — P. K. Ewing, Greenwood, Miss. — License to cover con¬
struction permit (B3-P-3009) for new transmitter.

1220 Kilocycles

KP.\C — Port Arthur College, Port Arthur, Tex. — Modification of
license to increase power from 500 watts to 500 w'atts night,
1 KW day. Amended to request 1 KW day and night
(using directional antenna night).

1280 Kilocycles

WORC — Alfred Frank Kleindienst, Worcester, Mass. — License to
cover construction permit (Bl-P-2563) for changes in equip¬
ment and increase in power.

WORC — Alfred Frank Kleindienst, Worcester, Mass. — Authority
to determine operating power by direct measurement of
antenna power.

1310 Kilocycles

KRJF — Star Printing Co., Miles City, Mont. — Modification of
construction permit (B5-P-2533) for a new station, request¬
ing approval of studio and transmitter sites at U. S, Fligh-
way No. 212, south near intersection of road to Miles City
Country Club, Miles City, Mont., approval of antenna and
change type of requested transmitting equipment.

WINX — Lawrence J. Heller, Washington, D. C. — License to cover
construction permit (Bl-P-2546) as modified for a new
50-watt amplifier.

1350 Kilocycles

KWK — Thomas Patrick, Inc., St. Louis, Mo. — Modification of
construction permit (B4-ML-386) to change power and in¬
stall directional antenna for day and night use, requesting
approval of directional antenna for day and night use.

1370 Kilocycles

WMBR — Florida Broadcasting Co., Jacksonville, Fla. — Construc¬
tion permit to change frequency from 1370 to 1020 kc.
(1060 kc. under North American Regional Broadcasting
Agreement), increase power from 250 watts to 10 KW,
install a new transmitter, install directional antenna for
day and night use, and move transmitter. Amended: To
change type of requested transmitting equipment.

1500 Kilocycles

KROD — Dorrance D. Roderick, El Paso, Texas. — Modification of
construction permit (B3-P-2725) to install new transmitter,
change frequency, and increase power, further requesting
authority to change type of transmitter, and extend com¬
mencement and completion dates.

FM APPLICATIONS

NEW — Stromberg-Carlson Telephone Manufacturing Co., Roch¬
ester, N. Y. — Construction permit for a new high frequenc>’
broadcast station to be operated on 45100 kc., coverage.
2240 square miles; population. 543,000.

NEW — FM Radio Broadcasting Co., Inc., New York, N. Y. — Con¬
struction permit for a new high frequency broadcast station
to be operated on 48300 kc., coverage, 8600 square miles ;
population, 9,800,000.

NEW — Columbia Broadcasting System, Inc., Boston, Mass. — Con¬
struction permit for a new high frequency broadcast station
to be operated on 44100 kc., coverage, 16230 square miles;
population, 5,972,246.

NEW — Gordon Gray, Winston-Salem, N. C. — Construction permit
for a new high frequency broadcast station to be operated
on 44100 kc., coverage, 69400 square miles; population,
4,123,000.

NEW — The Gazette Company, Cedar Rapids, Iowa. — Construction
permit for a new high frequency broadcast station to be
operated on 44700 kc., coverage, 7400 square miles; popu¬
lation, 282,000.

MISCELLANEOUS

KLX — Tribune Building Co., Oakland, Calif, — Authority to de¬
termine operating power by direct measurement of antenna
power. (Not signed or verified by an officer.)

FEDERAL TRADE
COMMISSION ACTION

COMPLAINTS

Federal Trade Commission has alleged unfair competi¬
tion against the following firms. The respondents will

January 3, 1941 — 19

be given an opportunity to show cause why cease and
desist orders should not be issued against them.

Copinol Company — Robert E. Overell, trading under the firm
name of Copinol Company, 7th and Main Sts., Los Angeles, en¬
gaged in the distribution of a medicinal preparation designated
"Copinol” and sometimes ‘‘Copinol Nasal Medicine,” is charged in
a complaint with false advertising.

The complaint charges that in advertisements distributed through
the United States mails and other means in commerce, the respond¬
ent has represented among other things: "Secret Formula for Nose
Catarrh Revealed at Last!” "Special ingredient retains medication
longer in nose — speeds relief in catarrh-choked nasal congestion,
shrinks swollen membranes,” and " * * * New laws require that
Copinol reveal its treasured formula and now the whole world
knows that LANOLIN, blended with six other scientific ingredients,
is the amazingly effective medication that insures such lasting relief
from stuffy head colds, catarrh-choked nose and throat, nasal
catarrh, and sinus congestions. * * *”

These representations, the complaint continues, are false and mis¬
leading; the preparation has no therapeutic value in the treatment
of head colds, nasal catarrh, or sinus congestion in excess of fur¬
nishing temporary relief to congested nasal mucous membranes,
and is nothing more than a m.ild antiseptic emollient and constrictor
of the arterioles.

The complaint charges further that respondent’s preparation
contains ephedrine, and the preparation may be harmful to those
suffering from heart trouble, high blood pressure, diabetes or
thyroid trouble, and that use of the preparation over a long period
of time is likely to nroduce such prolonged nasal constriction as
to cause tissue damage from anoxemia with secondary inflammatory
reaction.

The advertisements disseminated b>' the respondent, the com¬
plaint continues, contain no cautionary statements to the effect
that this preparation should not be used by persons having heart
trouble, high blood pressure, diabetes or thyroid trouble, and con¬
stitute false advertising in that they fail to reveal that use of the
preparation under the conditions prescribed in the advertisements
or under such conditions as are customary or usual, may result in
injury to health. (4431)

Ktliel IJellamy, Iiic., 30 Elm St., Nutley, N. J., engaged in the
sale and distribution of a cosmetic and drug preparation designated
"Ethel Bellamy Eyelash Luxuriant,” is charged, in a complaint
with misrepresentation of the product.

In advertisements circulated in commerce, the complaint charges,
the respondent has represented that the product is of substantial
therapeutic value in the treatment of granulated eyelids; that its
use promotes the growth of eyelashes, and that it supplies pigment
lo eyelashes and darkens eyelashes permanently.

These representations, the complaint continues, arc exaggerated,
misleading and untrue. (4424)

Food Ser\i(e Eciiiipineiit Industry, Inc. — Charging various
members of the food service equipment industry with combinations
and agreements to unlawfully restrict competition in the sale of
their jirorlucts and create monopolies, a complaint has been issued
against Food Service Equipment Inrlustry, Inc., Chicago. Its
officers, directors, anrl member companies who arc representative
of the some 75 or 80 of the country’s leading dealers in fond .service
equipment; corporations manufacturing such equipment, who are
representative of concerns holding ‘‘Honor Roll Certificates” from
the industry association; Illinois Brass Mfg. Co., Chicago; Colum¬
bia Stamping and Enameling Companx’, Long Island City, N. Y.;
.■\merican Vitrified China Manufacturers’ .Association, New Castle,
Pa., two of its officers, and its member manufacturing companies.

The complaint alleges that each of the various respondents, in
cooperation with one or more other respondents, either directly, or
through Food Service Equipment Industry, Inc., or its officers or
directors, or .American Vitrified China Alanufacturers’ .Association,
or its officers, or by other means, entered into agreements, combi¬
nations, policies and practices which had the effect, among other
things, of monopolizing in the respondent food service equipment
dealers the resale and distribution of food service equipment to
hotels, clubs, restaurants and other users, and in monopolizing in
the respondent manufacturers the manufacture of such equipment.

The complaint alleges that by means of agreements and under-

20 — January 3, 1941

standings; (1) the distributors comprising the industry association
membership, through the association required all manufacturers of
food service equipment to sell their products through the industry
association members and not directly to ultimate users, and pursued
a general policy of reducing competition throughout the United
States which tended to maintain a monopoly in the respondent
dealers and manufacturers, such policies and practices having
been accomplished through national and local association meetings,
special committees, publications and by other means; (2) the
industry association issued to respondent manufacturers ‘‘Honor
Roll Certificates” signifying that they had agreed, and abided by
their agreement, not to sell through any but "recognized” dealers
and to discontinue selling directly to hotels, restaurants, chain
stores and similar users, the tendency and effect being to set up
the respondent manufacturers Honor Roll Certificate recipients, as
a ‘‘White List” of manufacturers to receive exclusively the industry
members’ business; and (3) the industry association members
entered into and carried out agreements with manufacturers of
stainless steel and enamel cooking equipment, the china manufac¬
turers’ association member and three of the largest commercial
gas range manufacturers, all respondents in the proceeding, to
monopolize in the respondent industry association members the
resale, and in the respondent manufacturers all purchases of these
manufacturers’ products by industry members.

The complaint alle.ges that Illinois Brass Mfg. Co. and Columbia
Stamping and Enameling Co., although not recipients of Honor
Roll Certificates, cooperated as manufacturers wdth the other
respondents in effectuating the industry corporation members’
policies and practices.

The respondents officers of Food Service Equipment Industry,
Inc. are: 1. S. Anoff, Chicago, chairman; M. P. Duke, St. Louis,
vice-chairman; Miss L. E. Iwert, Chicago, secretary, and S. R.
Spearans, New York, treasurer; directors: .A. H. Beadle, St. Paul.
Minn.; S. J. Carson, Denver, Colo.; H, C. Davis, Baltimore; W. F.
Dougherty, Philadelphia; B. Dohrmann, San Francisco; P. L.
Ezekiel, Richmond, Va.; A. W. Forbriger, Cincinnati; W. Fried¬
man, New' York; C, .A. Winchester, Boston; and C. Winkler,
Seattle.

The respondent member companies, named as being representative
of some 75 or SO corporations, firms or individuals engaged in the
purchase and resale of food service equipment, are: .A. L. Cahn &
Sons, New A’ork; Duke Manufacturing Co., St. Louis; Ezekiel S:
Weilman Co., Inc., Richmond. \'a.; .Alex Janows & Company,
Chicago; Albert Pick Co., Inc,, Chicago; The Stearnes Company,
Chicago; and Straus-Duparquet, Inc., New York,

The respondent manufacturers, named as being representative
of some 40 or 45 manufacturers, all recipients of Honor Roll
Certificates, are: .American Stove Co., St. Louis; Josiah .Anstice &
Co.. Inc., Rochester, N. AA; G. S. Blakeslee & Co., Cicero, Ill.;
G. S. Blodgett Co., Inc., Burlington, Vt.; Carrollton Metal Products
Co.. Carrollton, Ohio; Colt’s Patent Fire .Arms Manufacturing Co.,
Hartford, Conn.; Detroit-Michigan Stove Co., Detroit; Hobart
Manufacturing Co., Troy, Ohio; Lalance-Grosiean Manufacturing
Co., Woodhaven, Long Island, N, \^.; McGraw Electric Co.,
Chicago; Polar Ware Co., Sheboygan, Wis.; Standard Gas Equip¬
ment Corporation, New' A'ork; United States Stamping Co.,
Moundsville, W. Va.; and Vollrath Co., Sheboygan, Wis.

.Active officers of the respondent .American Vitrified China Manu¬
facturer .Association named respondents are: .Albert M. Walker,
Bedford, Ohio, president, and James K. Love, New Castle, Pa.,
secretary-treasurer. Respondent members of the china association
are: Bailey-Walker China Co., Bedford, Ohio; Buffalo Pottery
Co., Inc., Buffalo, N, ; Carr China Company, Grafton, W. \’a.;
Iroquois China Co., Syracuse. N. V^.; Jackson Vitrified China Co.,
P^alls Creek, Penna.; D. E. McNichol Co. of W. Va., Clarksburg,
W. \’a.; Mayer China Company, Beaver Falls, Penna.; Onondaga
Pottery Co., Syracuse, N. A^.; Scammell China Company, Trenton,
N. J.; Shenango Pottery Co., New Castle, Penna.; Sterling China
Compan\’, Wellevillc, Ohio; and Wellsville China Co., WYllsville,
Ohio. The respondents Buffalo Pottery Co., Inc., and D. E. Mc¬
Nichol Co. of W. A'a., according to the complaint, received Honor
Roll Certificates. (4433)

National Distillers Prortuets Corporation, 120 Broadway,
New A'ork, which conducts a distillery and factory in Cincinnati
in which it prepares and from which it ships into various States a
poultry feed supplement variously designated as “Produlac Brand
Semi-Solid Distillers Grains Mash”, "Semi-Solid Produlac” and
"Produlac’’. is charged, in a complaint with misrepresentation of
its product.

The complaint charges that the respondent corporation, in let¬
ters and circulars transmitted by mail and otherwise through the
various States of the United States (except into and in certain
States where the respondent has been compelled by requirement of
statutes relating to poultry feeds to modify its representations), has
represented and implied that poultry rations generally are inade¬
quate and must be supplemented by the vitamins and nutritional
factors represented and implied as being contained in sufficient
quantities or percentages in its product. The complaint also alleges
that the respondent also represents and implies that the addition of
its product as a supplement to a diet or ration already containing
the necessary food elements and vitamins results in substantially
increased egg production, better health, hatchability of eggs, de¬
creased mortality and other advantages set forth in its representa¬
tions.

The complaint alleges that these representations are unw'arranted,
grossly exaggerated and misleading, and that the lespondent’s prod¬
uct is merely one of a class of dried grain after-distillation
remnants ancl does not have the qualities and efficacy claimed
for it. (442S).

Poweriiie Company, Denver, Colo., engaged in the sale and
distribution of petroleum products to retail dealers and jobbers, is
charged, in a complaint with the use of lottery methods in the
sale of its products, designated “Powerine” ancl ‘‘Powerlube”.

The complaint charges that in connection with the sale of these
products the respondent has distributed to dealers a so-called
“Right in the Palm of Your Hand” device for use in the sale and
distribution of the products to the consuming public in a manner
involving the operation of a game of chance, gift enterprise or
lottery scheme. The devise consists of a booklet, the complaint
continues, together with a number of sales receipts or coupons.
The petroleum products, services or cash awards to be awarded
purchasers vary in value in accordance with each individual book¬
let. the complaint alleges, and are effectively concealed from pur¬
chasers until certain seals are broken and removed from the
booklets, thus the prizes or awards are distributed to the purchasing
public wholly by lot or chance.

The aforesaid acts and practices of the respondent, the complaint
alleges, constitute unfair methods of competition in commerce and
unfair and deceptive acts and practices in commerce wdthin the
meaning of the Federal Trade Commission Act. (4423).

Kosse Products Company — Edward C. Rose, trading under
the firm name of Rosse Products Company, 2708 West Farwell
Ave., Chicago, engaged in the advertising, sale and distribution of
a medicinal preparation designated as “Rosse Rheuma Tabs”, is
charged, in a complaint with misrepresentation.

By the dissemination of advertisements concerning his prepara¬
tion circulated by United States mails and other means in commerce,
the complaint charges, the respondent has represented that his
product is a cure or remedy for rheumatism, rheumatic pains, and
sensitive joints, and constitutes a competent and effective treatment
therefor, and that it will relieve the pain attendant upon which
such conditions for a longer period of time than any other prep¬
aration.

The complaint charges that the product is nothing more than a
laxative and diuretic having mild analgesic properties ; has no cura¬
tive action on the underlying factors that cause rheumatic pains ;
and has no therapeutic value in the treatment of rheumatism,
rheumatic pains or sensitive joints, in excess of furnishing tem¬
porary relief from the symptoms of pain. (4428).

Ruth Gowns, Inc., 498 Seventh Ave., New York, engaged in
manufacturing, selling and distributing various grades and types
of dresses and other wearing apparel for women, is charged, in a
complaint wdth falsely representing the constituent fiber or material
of which its products are made. Such representations, according to
the complaint, are made by means of tags, labels, price lists and
invoices, as well as in various advertising material circulated in
commerce, through statements made to purchasers, and by the
respondent’s failure to disclose the rayon content of certain of its
products.

The complaint alleges that an example of the respondent’s rep¬
resentations is its placing on price lists and invoices and in various
advertising circulars of the term “Tie Silk Taffeta Dress”, or other
terms indicative of silk, thus representing that the fabrics so
described are composed of silk, when in fact they consist in whole
or in part of rayon.

In a large portion of the respondent’s sales, the complaint alleges,
no indication of the fabric content of its products is made by tag,

label or invoice, in advertising, or by any other means, and a large
portion of the respondent’s products which have the appearance
and feel of silk but are composed entirely of rayon, are therefore
sold through wholesalers, jobbers and retail dealers to the purchas¬
ing public wdthout any disclosure being made of their rayon
content. (4426).

Siegel & Alenikoff — Joseph Henschel, Jacob Siegel and Philip
Alcnikoif, copartners trading as Siegel & Alenikoti, 520 Eightn
Ave., New York; H. M. Thorman and Alfred Schuster, trading
under the name H. M. Thorman, 2101 Superior Ave., Cleveland;
Joseph Bloomfield, trading as Bloomfield Company, 75 Kneeland
bt., Boston; Lou Littman, 153 East Grand River Ave., Detroit,
and Sugar, Eeinberg & Erankel, 318 West Adams St., Chicago, are
charged in a complaint with unfair and deceptive acts and prac¬
tices in commerce.

Respondents Joseph Henschel, Jacob Siegel and Philip Alenikoff,
trading as Siegel & Alenikoff, have been engaged in the manulacture
and sale of women’s textile fabric coats and other garments, some
made of fabrics composed of wool and cotton, and some of rayon,
wool and cotton. The other respondents are engaged in selling
and distributing women’s textile fabric coats and other garments
manufactured tor and shipped to them by Henschel, Siegel and
■Ulenikoff.

The complaint charges that the respondents, in connection with
the offering for sale and sale of their textile fabric garments, refer
to and designate such textile garments through use of the word
“Persian” and by the trade names “Galykurl” and “B.4BELAMM,”
and advertise the garments by means of trade journals, window
display cards and other advertising matter which describe and
refer to the garments as “Persian,” “Genuine BABELAMM,” and
“Persian Fur F'abrics,” together with the word “Imported,” and
other words of like import and meaning, accompanied by pictorial
designs of sheep or lambs, and showing a woman wearing a coat
having the appearance of fur.

The respondents also, the complaint continues, attach to the
textile fabric garments certain tags and labels, some of which bear
upon their faces pictorial designs of sheep or lambs and the trade
names “Galykurl” and “BABELAMM.” These garments, the
complaint continues, are constructed so as to have the appearance
of silky, tightly-curled and highly prized fur of the young of the
Karakul breed of sheep, and convey the impression and induce
the belief from their appearance that they are in fact made of the
peltries of “Persian” lambs, the young of such Karakul sheep, or
are made from silky hair or wool of peltries coming from such
lambs.

The respondents also, the complaint charges, by use of labels
and tags and other advertising matter, have created the impression
in the minds of purchasers and prospective purchasers that the
garments are made in whole or in part from the peltries of the
young of the Karakul breed of sheep or from the wool taken from
such sheep, and that the materials of which they are made are
imported from Persia.

In truth, the complaint alleges, the garments are made in the
United States of fabrics composed of wool and cotton, or of rayon,
wool and cotton. The labels, tags and other advertising material
employed by the respondents, the complaint continues, to describe,
designate or refer to their products, do not disclose or indicate the
presence of rayon or cotton in the garments, and the respondents,
by furnishing such deceptive and misleading labels and tags and
other advertising material to customers, and causing such labels
and tags to be placed upon the garments for resale to the purchas¬
ing public, have placed in the hands of retail dealers a means and
instrumentality whereby they might deceive or mislead members
of the purchasing public. (4427).

Sna|)-Oii-Tools Corporation, Kenosha, Wis., engaged in the
manufacture and distribution of tools, is charged, in a complaint
with the use of lottery methods in the sale and distribution of its
products.

In the conduct of its business, the complaint charges, the
respondent has sold its merchandise to members of the public in
accordance with a sales plan involving a game of chance, gift
enterprise or lottery scheme, and has supplied the managers of its
branch offices with sales posters and circular letters outlining the
sales plans or methods by which its merchandise was to be and
has been sold and distributed to the purchasing public. (4429).

VVortliniore Sales Promotion Service, Inc., 221 East 20th
St., Chicago, engaged in the manufacture and sale of a device

January 3, 1941 — 21

called “Rap-A-Pak,” a novelty holder for cigarette packages, is
charged, in a complaint with misrepresentation.

In magazines and periodicals having an interstate circulation,
the complaint alleges, and to potential representatives, the re¬
spondent has represented that “A man should make $75 to $100
commission weekly,” and Earn $75 to $100 commission weekly.”
Through use of the foregoing statements and others of similar
import, the complaint continues, the respondent represented that
agents and salesmen selling the respondent’s device customarily
earn from $75 to $100 per week in the usual and normal course
of business.

The complaint alleges that these representations are grossly ex¬
aggerated, false and misleading, and that it is impossible for agents
and salesmen selling the device to earn, in the usual and normal
course of business, $75 to $100 per week or any amount approxi¬
mating either of such figures. (4430).

CEASE AND DESIST ORDERS

Commission has issued the following cease and desist
orders :

x\llred Brothers Candy Company — Two North Carolina candy
distributors have been served with orders directing them to cease
and desist from the use of lottery methods in the sale of candy.
The respondents are Jesse W. and Robert A. Allred, trading as
Allred Brothers Candy Co., Charlotte, N. C., and J. T. Tarlton,
trading as J. T. Tarlton Candy Co., Marshville, N. C.

The orders prohibit the respondents from selling or distributing
any merchandise so packed and assembled that its sale to the public
may be made by means of a lottery ; from supplying others with
assortments of merchandise, together with push or pull cards, punch
boards or other lottery devices, or separately, which devices may
be used in selling or distributing such merchandise to the public
by means of a game of chance; and from selling or otherwise dis¬
posing of any merchandise by means of a game of chance, gift
enterprise, or lottery scheme. (4244-4256).

Augusta Knitting Corporation, manufacturer and distributor
of knitted garments, with its place of business in Utica, N. Y., and
sales office at 180 Madison Ave., New York, has been ordered to
cease and desist from certain misrepresentations concerning its
products.

The Commission finds that the respondent has falsely represented
the constituent fiber or material of which the various products sold
and distributed are made, by means of false representations on
labels attached to its products. Typical of such acts and practices,
the Commission finds, is that the respondent represents that certain
ladies’ knitted undergarments manufactured and distributed by it
are composed of a mixture of silk and wool, by means of labels,
tags and markers attached to the garments which designate and
describe the products. One of such labels reads:

“50%

SILK AND WOOL”

Another label reads:

“50%

SILK AND WOOL
27% 27%”

The word “and” on the above labels is printed in minute type
and in such a manner as to be illegible to all practical intents and
purposes. On the second label the notation “27%” appearing
underneath the words “silk and wool” is in much smaller type
than the “50%” appearing above the words “silk and wool,” By
means of the above labels, the Commission finds, the purchasing
public are misled into believing that the undergarments so labeled
are composed entirely of silk and wool in the proportion of 50
per cent silk and 50 per cent wool. The use on certain labels of
“27%” in fine print is according to findings, contradictory to the
label itself and would not be noticeable to the purchasing public
or understood by them.

In fact, the Commission findings continue, the knitted under¬
garments so labeled are not composed entirely of silk and wool,
but contain a cotton content ranging from 45 per cent to 57 per
cent.

In addition, the Commission finds, the respondent fails to dis¬
close by appropriate labels all the fiber constituents from which

22 — January 3, 1941

its garments are made, and fails to disclose the existence of cotton
as a substantial constituent of the garments.

The respondent is ordered to cease and desist from representing,
in any manner or by any means, that its products are composed
of fibers or materials other than those of which such products are
actually composed; from using the term “silk” or the term “wool”
or any other terms indicative of^either silk or wool to describe or
designate any fabric or product which is not composed entirely of
silk or entirely of wool, provided that in the case of a fabric or
product composed in part of silk or wool and in part of materials
other than silk or wool, such terms or similar terms may be used as
descriptive of the silk or wool content, as the case may be, when
immediately accompanied by a word or words accurately describ¬
ing and designating each constituent fiber or material thereof in
letters of equal size or conspicuousness in the order of its pre¬
dominance by weight, beginning with the largest single constituent.

The order further directs the respondent to cease representing in
any manner or by any means that the fabrics or products offered
for sale or sold by the respondent contain wool or silk in greater
quantity or percentage than is actually the case and to discontinue
representing that the respondent’s products have longer wearing
qualities than garments of equivalent price and quality ordinarily
and customarily sold in the usual course of business; or that the
quality, grade, material or character of the respondent’s products
are superior to or different from the actual quality, grade, material
or character of such products. (4162)

Minetree Brokerage Company — T. A. Ward, Carr Ward and
Wilma Ward, trading as Minetree Brokerage Company, Poplar
Bluff, Mo., have been ordered to cease and desist from violation of
the brokerage provision of the Robinson-Patman Act in the sale
of merchandise, particularly foodstuffs.

Commission findings are that the Poplar Bluff Wholesale
Grocery Company, Poplar Bluff, Mo., in which the respondents,
T. A. and Wilma Ward own 88 per cent of the outstanding
capital stock and of which they are officers, places orders for a
substantial portion of its merchandise requirements, particularly
foodstuffs, with sellers through the respondent brokerage firm of
T. A. Ward, Wilma Ward and Carr Ward, trading as Minetree
Brokerage Company.

Sellers delivering the goods ordered by Poplar Bluff Wholesale
Grocery Company, the findings continue, transmit and pay to the
respondent brokerage firm substantial brokerage fees or commis¬
sions amounting to a certain percentage, usually from 2J4 to 5 per
cent, of the sales price of the grocery company’s purchases. In
ail of these transactions, the findings continue, the respondents
have acted for and on behalf of the Poplar Bluff Wholesale
Grocery Company.

The Commission order directs the respondents, individually and
trading under the firm name of Minetree Brokerage Company, to
cease and desist from accepting or receiving from sellers, directly
or indirectly, in connection with the purchase of commodities in
interstate commerce by the Poplar Bluff Wholesale Grocery Com¬
pany, under the facts and circumstances as found, any brokerage
fees or commissions, or any allowance or discount in lieu of
brokerage, in whatever manner or form they may be offered,
allowed, granted, paid or transmitted.

The order also directs the respondents to cease and desist from
accepting or receiving, directly or indirectly, any brokerage fees
or commissions, or any allowance or discount in lieu of brokerage,
in whatever manner or form they may be offered, allowed, granted,
paid or transmitted by sellers on purchases of commodities in inter¬
state commerce, by any person, partnership, firm or corporation
where all or any of the respondents are subject to the direct or
indirect control of such buyer or act for or in behalf of such
buyer. (4285)

Patent Specialties Uompaiiy — George W. Brenner and John
M. Kurtz, trading as Patent Specialties Company, 4020 Tenth Ave.,
New York, engaged in the manufacture and sale of two devices,
the “Magic Wand Welder” and “Super Magic Wand Welder,” in¬
tended for use in W'elding different kinds of metals, using electric
current as the heating agency, have been ordered to cease and
desist from certain misrepresentations of their products.

The Commission finds that in advertisements in trade publica¬
tions and other media, the respondents represented that the Magic
Wand welding device is a “genuine” heavy-duty device which,
when connected with an ordinary automobile storage battery, will
weld all base metals in any form, and that it is practical for such
use in home tinkering and shop production, and that the respond-

ents give each purchaser of the device a full kit of welding sup¬
plies “free” and as a gratuity.

The Commission further finds that the respondents represented
and implied that the “Super Magic Wand” device is a tool built
for use and is useful for heavy-duty in welding base metals of all
kinds, and more particularly cylinder blocks and heavy parts of
mechanical and farm machinery; that it will heat such metals to
the extent that they will run so that a proper weld can be effected ;
that its construction is sturdy enough to withstand such hard use
and the electric current necessary for such welding; that it is safe
to operate on an ordinary AC or DC branch electric household
circuit; that its operation will injure neither the operator nor the
branch electric current to which it is attached, and that it is a safe
and efficient device to use in obtaining a “sun tan” on the skin.

The respondents are ordered to cease and desist from represent¬
ing, directly or by implication, that the “Magic Wand” welder is
a heavy-duty welder which is of practical use in shop welding;
that it will generate sufficient heat, when connected with an auto¬
mobile storage battery, to prepare materials for welding; that the
“Super Magic Wand” welder conforms to the standard method of
design or construction for electrical devices, either as to the suit¬
ability of materials used or as to the proper guarding and spacing
of “live” electric parts; that it is a heavy-duty welder, or that
it is useful in welding heavy mechanical and farm machinery, such
as cylinder blocks; that the “Super Magic Wand” welder may be
used on ordinary alternating or direct branch electrical household
circuits without injury either to the operator of the welder or to
the household circuit to which it is attached; that the “Super
Magic Wand” welder may be used with safety and efficiency in
“sun tanning” the skin, or that welding supplies offered regularly
as part of a combination offer are free or a gift or gratuity. (4336)

Primrose House, Inc., Ill Eighth Ave., New York, and Delv,
Limited, 76 Ninth Ave., New York, engaged in the sale and distribu¬
tion of various cosmetics, have been ordered to cease and desist
from certain misrepresentations of their product.

Primrose House Sales Company, Inc., a wholly-owned subsidiary
of the respondent Primrose House, Inc., with identical officers and
directors, was engaged in the sale and distribution of a skin cream,
“Delv,” from January, 1934 until May, 1933, at which time it was
dissolved and its assets taken over by the parent company. During
the time mentioned above, the Commission finds, Primrose House
Sales Company, Inc., in promoting the sale of the skin cream by
various advertising media such as radio broadcasts and printed
matter circulated in the various States, represented, among other
things, that “Delv is based upon a new cosmetic principle for it
contains a precious new beauty ingredient. This ingredient, called
‘Triactin’ has the same action on the skin as the skin’s own gland
fluids that keep it young and vital.”

In May, 1933, Primrose House Sales Company, Inc., entered into
a stipulation with the Federal Trade Commission by which it
agreed to abandon the use of certain allegedly false representations
in connection with the sale of the product. Notwithstanding the
aforesaid agreement to cease and desist, the findings continue, the
respondents have, since May, 1933, in promoting the sale of Delv
through radio broadcasts and by printed matter circulated in
various States, represented that Delv contains an ingredient which
acts on the skin as the natural fluids of the skin, and that it serves
the same purpose as such fluids ; that it will rid the skin of wrinkles,
large and unsightly pores and other imperfections; that it will
nourish and rejuvenate the skin and will create a new skin texture
and keep the face young and the complexion beautiful. The Com¬
mission finds that these representations are false and misleading.

The respondents are ordered to cease and desist from representing
that the preparation acts on the skin as the natural fluids of the
skin, or that it serves the same purpose as the natural fluids of the
skin; that it will cause wrinkles, large or unsightly pores or other
imperfections to disappear from the skin ; that it will nourish or
rejuvenate the skin or create a new skin texture, or that the prepara¬
tion will keep the face young and the complexion beautiful. (3314)

STIPULATIONS

During the week the Commission has entered into the
following stipulations;

American IMattress Mfg. Company — Harry Malneck, trading
as American Mattress Manufacturing Company, 1303 Larimer St.,

Denver, engaged in the manufacture and distribution of mattresses,
has agreed to cease and desist from failing to clearly and unequivo¬
cally disclose that his products, which are made, cither in whole or
in part, of used or second-hand materials, are in fact made of or
actually do contain materials which have been used or are second¬
hand, and from representing that the products are made in compli¬
ance with Colorado bedding laws, or the laws of any other State,
or that they have been thoroughly cleaned and renovated, that is,
restored to a state of freshness by cleaning, when in fact the pro¬
ducts are not made so as to conform to such laws and have not
been thoroughly cleaned and renovated as represented. (3007)

Arcady Farms Milling Company, 223 West Jackson Boule¬
vard, Chicago, engaged in manufacturing various feed mixes for
poultry, including a product known as “Wonder Live Milk Pellets,”
has stipulated to discontinue certain representations in the sale of
its products.

The respondent agrees to cease use of the term “Live Milk” as a
trade name or designation for its products, and use of the words
“Live Milk” or “Milk” in any way so as to imply that the products
are composed of milk, that is, the fresh, clean, lacteal secretion such
as is obtained in the pure or native state from a milk-producing
animal.

Under its stipulation, the respondent also agrees to desist from
use of any statement or representation which implies that there are
quantities of beneficial bacteria present in the respondent’s products
sufficient to have any therapeutic effect, or that there is scientific
basis for the representation that putrefactive bacteria will cause all
the dire consequences recited in certain advertising issued by the
corporation, or that the presence of so-called beneficial bacteria
will alleviate such conditions.

The respondent, according to the stipulation, advertised, among
other things, that the presence of lactic acid and lactic acid pro¬
ducing bacteria in its products “prevent the development of putre¬
factive types of bacteria, which retards digestion, produces waste,
develops poisonous putrefactive gases in the system, and retards
all bodily functions * * (3008)

Ceiiol Company, Inc., 4230-36 North Crawford Ave., Chicago,
engaged in selling two rat killing preparations designated “Cenol
Squill Powder” and “Cenol Rat Destroyer,” has stipulated to cease
representing that “Cenol Squill Powder” will kill any species of
mice except house mice, or that it is the leading “raticide” in the
LTnited States and is superior to or more effective than similar
preparations containing the same amount and toxic quality of red
squill powder.

The respondent also agrees to desist from representing that “Cenol
Rat Destroyer” will destroy any species of mice except house mice,
or that the effect of the barium carbonate content contained in
“Cenol Rat Destroyer” will drive poisoned rats out of doors to
die in the open. (02692)

Colorado Mattress Mfg. Company — Morris Stein and Morris
Nierenberg, trading under the name Colorado Mattress Manufac¬
turing Company, 2363 Larimer St., Denver, in connection with the
labeling, tagging or other advertising of their products, agree to
discontinue designating, describing or representing their products,
which are made either in whole or in part of usecl or second-hand
material, to be products made of or containing all new material;
failing to clearly and unequivocally disclose that such products are
composed, either in whole or in part, as the case may be, of used
or second-hand material, and representing that the products are
made in compliance with the laws of the State of Colorado, or of
any other State, or that they or the materials used as filler therefor
have been subjected to a cleansing process so as to be free from
dirt or other extraneous matter, when in fact the products are not
so made as to conform to such laws and have not been cleaned as
represented. (3006)

Crown Silver Company, Inc., 62 Harvard St., Brookline,
Mass., manufacturer of copies of reproductions of Sheffield silver¬
ware, has entered into a stipulation to cease and desist from certain
representations in the sale of its products.

The stipulation points out that in England there exists an out¬
growth of the Guild System which requires that articles made of
silver be submitted to Goldsmith Hall for assaying, and that articles
found to be of the standard prescribed are stamped with hall-

January 3, 1941 — 23

marks indicating the place and year of manufacture. The practice
of using hall-marks in England dates back several centuries. These
well-known and understood hall-marks, when impressed upon the
silver, inform purchasers that the silverware is Old English and of
ancient origin. Old English Silverware and Sheffield Plate that have
been manufactured and imprinted with the genuine English hall¬
mark have for many years enjoyed widespread demand in the
United States.

Crown Silver Company, Inc., in connection with the sale and
distribution of silverware in commerce, agrees to cease and desist

( 1 ) from representing its product as “Hall-Marked” or using or
causing to be used or aiding or abetting others to use upon or in
connection with such silverware, an English hall-mark or any hall¬
mark, stamp, brand, label or other mark or device which simulates
or imitates an English hall-mark, unless such silverware has been
manufactured in England and has been submitted to Goldsmith’s
Hall of England and has met the standards prescribed thereby for
use of the English hall-mark;

(2) from in any way using or causing to be used, or aiding or
abetting others to use or cause to be used, upon or in connection
with such silverware any mark, stamp, brand or other device which
represents or indicates directly or by implication that such silver¬
ware has been manufactured in England or has been submitted to
Goldsmith's Hall of England, or has met the tests or requirements
prescribed by Goldsmith’s Hall of England, or is silverware of a
certain hall-mark, grade, quality, standard, design or manufacture,
when such is not true in fact. (3005)

ing mineral matter, stimulates the glands, tones the digestive tract,
or aids the luster or sleekness of the hair coat. (02690)

Newniark’s Advertising Agency, Inc., 217 Seventh Ave., New
York, which disseminated advertisements for a cosmetic product
designated “Lucone Herb Tonic” on behalf of Lucone, Inc., New
York, has agreed to cease and desist from disseminating any ad¬
vertisements which represent, directly or by implication, that the
product is an herb tonic, or from otherwise representing or imply¬
ing that it is composed wholly of herbs, or from making any other
untrue statement regarding its composition ; that the product con¬
tains no greasy substances ; that it will promote, provide or cause
or assure a healthy or robust hair growth, or from otherwise
representing or implying that it will cause hair to grow; that the
product will prevent baldness, hair loss or dandruff, or will save
hair or end falling or thinning hair or dandruff. (02693)

Rexbell Huntington Station — W. F. Hagel, doing business
under the trade name Rexbell, Huntington Station, New York
City, engaged in selling a preparation designated “French Love
Drops,” has stipulated to cease and desist from representing, by
use of the word “French” as a part of the name of the product,
that the product was manufactured or compounded in France, or
by use of the word “exotic,” as descriptive of the product, that
the product was introduced from a foreign country, (02691)

Fram Corporation, East Providence, R. I., engaged in selling
a filter for the lubricating oil of internal combustion engines, desig¬
nated “Fram Oil and Motor Cleaner,” has stipulated to discontinue
representing that by the use of the “Fram Oil and Motor Cleaner,”
motorists are freed from all oil and mechanical motor trouble; that
the product will double the possible length of service of an internal
combustion engine, or that the possible length of service of such
engine can be extended beyond any period not in accord with the
facts, and that installation of a “Fram Oil and Motor Cleaner” will
effect savings sufficient to equal its cost in instances where a motor
is consuming excessive oil because of a need for mechanical repairs.
(02684)

Gillespie Furniture Company, 3011 East Pico Boulevard, Los
.4ngeles, a corporation engaged in the manufacture and sale of
furniture, including mirrors, has stipulated that in connection with
the advertisement, sale or distribution of its mirror products, it
will cease using the words “copper plating on the back” as descrip¬
tive of the mirrors, and will cease using any other words of similar
import, the effect of which tends to convey the impression that the
mirrors are backed with genuine metallic copper applied by the
electrolytic process, when in fact they are not so backed. (3004)

Sears, Roebuck and Company, Chicago, in connection with
the sale of electric fence controllers designated “Sears Thrifty,”
“Defiance,” “4 Star” and “Cross Country,” has entered into a
stipulation in which it agrees to discontinue representing that any
electric fence controller offered for sale or sold by it has been
approved by the LTnderwriters’ Laboratories or any other labora¬
tory, commission or authority, when such is not the fact; that
any such controller has a value in excess of the current market
price or has had a value in excess of the recent market price at
which such controller was regularly sold; that an electric fence
served by the respondent’s controllers is “absolutely” safe; that
purchasers can save more than half the cost of their electric fence
controllers or any other sum in excess of the average difference in
the current market prices of controllers of equal quality, efficiency
and durability ; that one or two wires will stop both large and
small animals, including sheep and goats, or that an electric wire
fence will assure protection of fields or crops. (02689)

December Index

Lester Meyers, 112 East 17th St., New York, engaged in con¬
ducting an advertising agency which disseminated advertisements
for a preparation designated “Activanad” on behalf of Charles J.
Ashbahs, trading as Neo-Products Company of America, New
York, has stipulated that he will cease and desist from representing,
directly or indirectly, in future advertising, that the preparation
is praised or recommended by eminent physicians and psychia¬
trists; that it strengthens the body; is beneficial for persons
afflicted with fear, anxiety, irritability, worry or fatigue ; benefits
failing physical processes and prevents chronic disorders. The
respondent also agrees to cease otherwise representing that the
preparation has any therapeutic value in the prevention of any
ailment or disease; prevents fatigue; builds up the body; promotes
formation of new blood, or is of any therapeutic value in the
treatment thereof; strengthens the muscles, or promotes sleep;
increases capacity for mental concentration ; provides new reserves
of power, new funds of energy, better poise or self-confidence;
provides energy for the body and strengthens the nerves ; is an
effective aphrodisiac; produces a striking or prompt effect, or is
beneficial following childbirth or physical collapse. (02687)

Cliarles H. Lilly Co., Seattle, Wash., engaged in selling “Lilly’s
Dog Food,” has entered into a stipulation in which it agrees to
cease and desist from representing that its dog food is better than
uncooked dog food; that it owns, operates or controls a labora¬
tory ; that its product prevents any skin disorder, aids in assimilat-

24 — January 3, 1941

Page

Broadcast Advertising Unit Report — September 1940 4857

Broadcast Music, Inc. . 4837-4873-4897-4913

AMP Catalogues . 4838

American Performing Rights Society Contract 4875
Argentine Performing Rights Society, Inc. 4875
ASCAP Loses Washington Case — Supreme

Court to Hear Two Others . 4913

Directors’ Statement . 4873

Feature Tunes . 4837-4875-4897-4913

Hymnal . 4875-4914

List of Catalogues Covered by BMI License. . 4875

Marks Music Corporation . 4875

NAB Board of Directors Statement 4876

NAB District Meetings . 4874-4899-4917

National Council of State Liquor Dealers’ Asso¬

ciation Resolution . 4898

Rosenbaum’s Article for Philadelphia Record 4915
Southern Music Publishing Company, Incor¬
porated . 4875

United Publishing Company . 4875

Bureau of Radio Advertising . 4900-4918

(3ost-Per-Inquiry . 4900

Casper Pinsker . 4900

Caxton House, Inc. . 4900

De Soto Chemical Company . 4900

Flavor-Tex Fruit . 4900

Page

Bureau of Radio Advertising — Continued

Goulde, Jacques F. 4900

Sammons, Thomas B., Jr. 4900

Waltham Pens and Pencils 4900

Free Offers 4900

Cook’s Digest 4900

Henry Discusses Local Radio with Rochester

Ad Club 4843

NRDGA Associate Membership 4843

Results from Radio — Henry’s Speech Before
Rochester Ad Club 4919

“Results from Radio,” Volume 1, Number 10

Released . 4843

Trade Studies Reviewed 4918

Engineering 4845-4883

FCC Holds Conference on High Frequency
Equipment 4883

Medical Equipment Conference 4845

Federal Communications Commission 4839-4846-

4874-4885-4901-4924
Aid for FM 4901

Broadcast Engineering Standards Now Avail¬
able in Printed Form . 4901

Broadcast Rules Amended . 4885

Defense Communications Board 4846-4877-4901

Board Meeting Called 4901

FCC Stays Out of ASCAP Situation 4874

Foreign Language Broadcasts 4885

Network Investigation: Final Argument 4839

New Industry Advisory Committee Appointed
by FCC Board 4846

New Public Notice Numbering 4847

Payne Broadcasts . 4886

Racetrack Radio 4924

Rules Waived for Operators 4847

Senator Gurney Assails FCC 4843

Time Extension on Monopoly Briefs 4886

Work Schedule 4847

Frequency Modulation 4877-4901

Additional FM Service Authorized 4877

Aid for FM 4901

Application Form Revised 4877

Distinctive Call Letters for FM . 4878

Page

IRNA Committee Meets 4885

Institute of Radio Engineers Convention 4923

Labor . 4884

Reserve Officers 4884

Legal 4874-4897-4924

Nebraska Case 4874

New York Tax Proposal 4924

Supreme Court Upholds Record Broadcast

Decision 4897

Legislature 4901

H. R. 10720 — Advertising 4901

NAB 4837-4845-4874-4876-4899-4916-4917-4918

AAAA Conference Committee Meetings 4845-4918
Board of Directors 4876

Associate Membership Committee 4876

Meeting 4876

1941 Convention 4876

Defense Communications Board 4877

District Meetings 4874-4899-4917

New York Office 4916

Variety Award 4837

National Defense 4846-4877-4879-4880-4885-4901

Army Training Camps 4885

Brorein Appointed to Defense Communications

Board . 4885

Defense Communications Board 4846-4877-4885-4901
Meeting Called 4901

Engineering Colleges Announce Defense Train¬
ing Courses 4880

Engineering Defense Training Program 4880

New Industry Advisory Committee Appointed
by FCC Board 4846

National Retail Dry Goods Association Sales Pro¬
motion 4886

Publishers Information Bureau’s Request for Unit
Reports 4876

Promotion 4843-4844-4878-4901-4922

Radio Christmas 4843

Radio’s Twentieth Birthday 4844-4879

50 Million Sets by Christmas 4843-4878-4901-4922

Rochester Ad Club Discusses Radio . 4884

WJRD Football Remote 4846

January 3, 1941 — ■ 25

1626 K STREET, N. W.

WASHINGTON, D. C.

Vo!. 9, No. 2, January 10, 1941

THE WEEK IN WASHINGTON

A C. E. Hooper, Inc., survey showed that the radio
listening audience increased after the ASCAP music went
off the air. Neville iMiller said that the industry was
“delighted with the way the radio stations all over the
United States had been able to continue their excellent
entertainment without ASCAP music.” (p. 27)

The NAB-AAAA Conference Committee approved a
new station facilities contract for the NAB to recom¬
mend to stations. Copies are included with this issue,
(p. 28)

Another series of District meetings starts iMonday,
January 13, with a Sixth District meeting at Nashville.
The NAB’s Associate Membership campaign will get
under way next week. Ed Kirby, NAB Public Relations
Director, was appointed this week to the Army’s General
Staff where he will organize and administer a radio broad¬
casting division. Samuel J- Henry, Jr., resigned as Direc¬
tor of the Bureau of Radio .Advertising, (pp. 29-30)
January 15 was the closing date for entries in the
George Foster Peabody Radio Awards contest. Radio
has placed 200,000 workers in National Defense jobs,
(p. 31)

Senator Tobey has introduced a resolution to investigate
the broadcasting industry and the FCC. (p. 31)

The Supreme Court held that an employer must reduce
to the form of a written contract any agreement he reaches
with a labor union at the union’s request, (p. 33)

Neville iMiller was elected chairman of the Domestic
Broadcasting Committee of the Defense Communications
Board. The FCC Budget Bureau estimates it will need
$1,930,000 for national defense work during the next
fiscal year. (p. 33)

BMI Developments

A special survey by C. E. Hooper, Inc., showed that
the total audience listening to 21 programs was nearly
five per cent greater on January 2, 3 and 4 than during
the corresponding period in December. This was the
answer to ASCAP’s claim that the radio audience had
decreased considerably since December 31.

A joint meeting of the NAB Executive Committee, the
Board of Directors of Broadcast Music, Inc., and the
Executive Committee of Independent Radio Net Work
Affiliates was held in Washington, D. C., on January 7.
At the close of the meeting Neville Miller issued the
following statement :

“We had a general discussion of all phases of the music situation.
Of course all of us were delighted with the way that radio stations
all over the United States have been able to continue their excellent
public entertainment without ASC.yP music. In our opinion this
means that radio has won its fight to break .\SCAP’s strangle-hold
on .American music and creative talent.”

BMI FEATURE TUNES
January 13-20

1. HIGH ON A WINDY HILL

2. IT ALL COMES BACK TO ME NOW

3. HERE’S MY HEART

4. YOU WALK BY

5. I CAN’T REMEMBER TO FORGET

6. BECAUSE OF YOU

7. ACCIDENT’LY ON PURPOSE

8. LET’S DREAM THIS ONE OUT

9. WALKIN’ BY THE RIVER
10. THE WISE OLD OWL

Four out of the top fifteen sheet music best sellers
throughout the nation for last week were BAH songs:
There I Go, I Hear A Rhapsody, So You're The One, and
I Give You My Word. In addition to these songs which
are BAH’s own publications, the number one song both
among the sheet music best sellers in the nation and among
the best selling records is Frenesi which is covered by
the BAH license.

Stations, most of which have previously been pledged
to BAH, have continued to swell the ranks of the BAH
member stations. If any of the following have already
been announced, we are still glad to welcome them twdee.
Here are the latest additions to BAH’s family:

WDSM — Superior, Wis. W.AGF — Dolhan, .Ala.

KVOL — Lafayette, La. WS.AM — Saginaw, Mich.

WMSL — Decatur, .Ala. KA’SM — Mankato. Minn.

(Continued on page 28)

January 10, 1941 — 27

l626 KSt., N.W.

WASHINGTON

Phone NAUona! 2080

Neville Miller, President C. E. Arney, Jr., Assistant to President

Edward M. Kirby, Director of Public Relations; Joseph L. Miller,
Director of Labor Relations ; Paul F. Peter, Director of Research :
Russell P. Place, Counsel; Lynne C. Smeby, Director of Engineering

BMI DEVELOPMENTS
(Continued from page 27)

WSLI — Jackson, Miss.

KFJZ — Fort Worth, Tex.
KABC — San Antonio, Tex.
WACO— Waco, Tex.

KGKL — San Anselo, Tex.
KRRV — Sherman, Tex.

KP'VS — Cape Girardeau, Mo.
WKBFI — LaCrosse, Wis.
WDSU— New Orleans, La.

KYCA—

WGBB — Freeport, N. Y.
WLOL — Minneapolis, Minn.
WRR— Dallas, Tex.

KTRB— Modesto, Calif.
KCMC — Texarkana, Tex. -Ark.
KNOW — Austin, Tex.

KBST — Big Springs, Tex.
KRBC — Abilene, Tex.

KF'OX — Long Beach, Calif.
Prescott, Ariz.

The Curtis Publishing Company, which maintains a
large distributing organization to deal with news-stands,
book-stores, and so forth, is about to launch a new make of
phonograph records which will be sold on the news-stands.
Known as Viking Records and manufactured by the
Nti-Phonic Corporation, the new platters will be adver¬
tised under the slogan, “Two Hits — Two Bits.” Most,
if not all, of the numbers recorded will probably be
BMI tunes. The first two records to be offered for gen¬
eral sale will be played by Jack Teagarden’s orchestra.
One w’ill have Frcnesi, as an instrumental, backed by
Norman Weiser’s song, Here’s My Heart, with the vocal
chorus by David Allen. The other record will have
Ernest Gold’s Accident’ly On Purpose, with vocal chorus
by Lynne Clark, backed by a new number from the
Whitney-Kramer-Zaret combination — It All Comes Back
To Me Now, with vocal chorus by David Allen.

It is expected that the first two records will be on the
news-stands about February 5 and it is planned to release
one record a week thereafter.

ILMI is not only publishing house and licensing agency
— it also does much of the work of a school. Otto Cesana,
well-known teacher of theory and composition, one of
whose pupils is Ernest Gold, has written BMI “as one
teacher to another.” Mr. Cesana said: “I know that your
method of paying your composers is what makes it pos¬
sible for Ernest not only to su|iport himself but to con¬
tinue his studies as well. From working with him I know
also that he profits greatly from his contact with your
editors and from their comments and criticism . . .

BMl's attitude of taking a personal interest in the de¬

velopment of composers plus its plan of compensating
them for the use of their material will do a great deal
toward fostering the development of American composers
who will some day produce the Important, serious Ameri¬
can music.”

Milton Rettenberg, chief of the editorial staff, hesitated
to give publicity to this aspect of BMEs work. He said,
“If you tell what we’re doing in the way of vv^orking with
young writers, you’ll have ten thousand swooping down on
us and wanting interviews on their songs. Of course we
can do it with only a few — the most promising one in a
hundred maybe. But it’s worth while. There are so
many of these kids with real talent who have never had
a chance to study or if they have studied there’s still
a flavor of the classroom and the exercise book in what
they write. All they lack is a sort of professional polish
and it is certainly true that we can help them in that way.”

Mr. Rettenberg, who might be said to head the BMI
“faculty,” has a record of more than 3,500 radio per¬
formances as a pianist, has written the music for many
radio shows, first became nationally famous when he
took the late George Gershwin’s place as solo pianist
with Paul Whiteman. The BMI board includes also
Graham Harris, who has appeared as conductor with the
New York Philharmonic, London Symphony, and other
orchestras, and Arthur Gutman, whose compositions have
been played by leading orchestras.

Sales

NAB RECOMMENDS NEW STATION
FACILITIES CONTRACT

After meeting in New York last Monday, and jointly
with the AAxAA on Tuesday, the NAB-AAA.A. Conference
Committee met again Tuesday evening and reported out
unanimously a new station facilities contract for the NAB
to recommend to stations. The committee’s action was
taken pursuant to a resolution of the Executive Com¬
mittee adopted December 5, 1940.

.Although unable, after numerous conferences with the
.A.AA.A Committee, to reach agreement on several points,
the N.AB Committee reports that in its opinion the recom¬
mended contract is fair and equitable both to stations and
to agencies and to advertisers. Both our Conference Com¬
mittee and the Executive Committee have deemed it im¬
portant that these recommendations be laid before sta¬
tions at this time for their consideration. .As directed by
the Executive Committee, the N.AB will upon request of
member stations supply, free of charge, mats for the
printing of the back of the contract.

The new contract, two copies of which are enclosed as

28 — January 10, 1941

a supplement to this issue of NAB Reports, is recom¬
mended to stations for use on new business. The commit¬
tee has sought to recommend a contract that it believes is
representative of the practices of the great majority of
stations. It recognizes, however, that some of the recom¬
mended provisions may not be in accordance with the
policy of some stations. Individual stations will, of course,
make any changes necessary to adapt the contract to
conform with their particular policies. It should be noted
that the contract is so drawn as to be capable of use in
selling time to a local advertiser as well as a recognized
agency.

For convenience to all concerned it is suggested that
all stations use size x 11" paper, and that the three
copies be (1) white, (2) canary yellow, and (3) salmon
pink.

Contracts submitted by agencies may be different from
the NAB recommended contract. Stations should ex¬
amine such contracts carefully to ascertain whether they
conform to the recommended form, if station decides to
adopt it.

Upon being advised of the committee’s action by Chair¬
man Wilder, Neville Miller, in behalf of the membership,
expressed his deep appreciation of the untiring efforts
of the committee, the members of which have devoted an
enormous amount of their time and energies to a difficult
and tedious task.

Present at the joint meeting on the contract were: Ned
Midgley, Batten, Barton, Durstine and Osborne, Chair¬
man; C. T. Ayres, Ruthrauff and Ryan, Inc.; Carlos
Franco, Young and Rubicam; William Fricke, AAAA;
Fred Gamble, AAAA; John Hymes, Lord and Thomas;
William JMaillefert, Compton Adon, Inc.; and R. T. Turn-
bull, AAAA, of the AAAA Committee, and, Harry C.
Wilder, WSYR, Chairman; R. L. Harlow, Yankee Net¬
work; Richard H. Mason, WPTF ; Edward Petry, Edward
Petry and Co., Inc.; Frank A. Seitz, WFAS; Dale Taylor,
WENY; Lee B. Wailes, Westinghouse ; and Paul E.
Peter and Russell P. Place, NAB, of the NAB-AAAA
Conference Committee.

The full NAB Committee was also in attendance at the
Monday meeting and the Tuesday evening meeting.

The committee is still considering an invoice form.
Considerable progress was made at the Tuesday meeting
and definite recommendations will probably be reported
by the end of this month.

Present at the joint meeting on the invoice were the
members of the NAB Committee above-named and the
following members of the AAAA Fiscal Committee: Mr.
Bell, Ruthrauff and Ryan, Inc.; Mr. Beurmann, Campbell-
Ewald; Mr. W. A. Fricke, AAAA; Mr. Fred Gamble,
AAA.'\; Mr. R. T. Turnbull, AAAA; i\Ir. Yan LTt, Erwin-
Wasey; and, Mr. Vasoll, Kenyon and Eckhardt.

HIGHLIGHTS OF RECOMMENDED
CONTRACT

Face of Contract:

The instrument is a contract and not an order. It
should be signed in duplicate by both parties and doubt¬
less a third copy will be found useful. If the contract
is made with an advertiser, all references in the contract
to agency apply to advertiser.

Back of Contract:

The “Conditions of Contract” on the back are part of
the contract. The following highlights should be noted:

2. TERMINATION. Twenty-eight days of broadcasting is
contracted for before termination can become operative; after
fourteen days broadcasting, termination may be effected on four¬
teen days written notice.

3. INABILITY TO BROADC.AST. Station is liable only for
pro rata reduction in time charges irrespective of whether commer¬
cials are omitted or interrupted.

S. RATES. This is the portion of the contract that some stations
may find not adapted to their use under their rate policies; it
should be carefully studied. It is believed by the committee to
represent the policies of the great majority of stations, and to be
self-explanatory.

7. INDEMNITY. Station indemnifies for station material.
Station material consists of (1) all material used in programs fur¬
nished by station except material furnished by agency in connec¬
tion with such programs, and (2) copyrighted musical compositions
performed under the BMI license. (This applies to such BMI
material whether in live talent programs or on transcriptions.
Station is in turn indemnified by BMI and has the benefit of the
insurance policy taken out by BMI. The BMI license itself also
runs in favor of agencies and advertisers.) Everything else is
‘•agency material” as to which agency indemnifies station.

SALES PROMOTION CALENDAR

The sales promotion calendar issued annually by the
National Retail Dry Goods Association can be obtained
through the NAB Bureau of Radio Advertising at $2.50
a copy. The calendar lists all the important anniversaries,
“weeks,” etc., useful for both programming and selling.

NAB

DISTRICT MEETINGS SCHEDULED

A continuation of the series of District meetings w'hich
took place prior to the first of the year will get under way
next Monday, January 13, with a meeting of the broad¬
casters of Tennessee, Arkansas, Louisiana and Mississippi.
Director Edwin W. Craig, WSM, of the Sixth NAB Dis¬
trict, has invited all broadcasters, regardless of member¬
ship in NAB or BMI, to be on hand to review the music
situation and to be brought up to date on other industry
matters.

Ed Kirby, Public Relations Director of NAB, will dis¬
cuss general industry problems and Association activities,
while Carl Haverlin, Stations Relations ^Manager of
BMI, will deal with the music situation.

The next meeting in point of time is that of the Six-

January 10, 1941 — 29

teenth District to be held at the Ambassador Hotel in
Los Angeles at 10:00 a.m., Friday, January 17. Director
Harrison Hollivvay, KFI-KECA, has also invited all
Southern California, Arizona and New Mexico broad¬
casters, regardless of membership in NAB or BMI, to
participate. This meeting will be covered for NAB by
C. E. Arney, Jr., Assistant to the President, and by Carl
Haverlin of BAH.

These two then proceed to San Erancisco for a meeting
on Saturday, January 18, where Director Howard Lane,
KFBK, has invited the Northern California, Nevada, and
Hawaii broadcasters to meet at the St. Erancis Flotel at
noon. A District Director’s election will be held in con¬
nection with this meeting.

d'he next stop on the tour is at Portland, Oregon, where
on Wednesday, January 22, C. W. Alyers, KOIN-KALE,
Seventeenth District Director, has summoned the broad¬
casters of Oregon, Washington, and Alaska. A District
Director’s election will be held in connection with this
meeting.

Following the Portland meeting, Haverlin and Arney
proceed to Omaha, Nebraska, to assist Director John J.
Gillin, Jr., of WOW in bringing to the broadcasters of
Iowa, Alissouri, and Nebraska, information with relation
to developments in the music situation and other industry
matters, on January 25.

Gene O’Fallon, KFEL, District 14 Director, has called
a meeting for January 27 at Denver. Alessrs. Arney
and Haverlin will attend.

This concludes the present setup for District meetings.
When this tour is completed all but two of the NAB
Districts will have been covered since the Board’s meet¬
ing in New York on December 6. Directors in these two
remaining Districts are expected to call meetings early
in February.

ASSOCIATE MEMBERSHIP CAMPAIGN

On next Wednesday, the first release to prospective As¬
sociate Alembers, under the new plan adopted by the
Board, will be sent out from headciuarters. Those to whom
an invitation to become Associate members will be sent
are: station representatives, broadcasting ecjuipment com¬
panies, market research organizations, transcription com¬
panies, news services, and telephone companies and
telegraph companies.

NAB members can materially assist in making this cam¬
paign a success by supplementing the invitation from
headciuarters with a personal invitation to those with
whom they directly transact business.

If every member would write to his station representa¬
tive and urge him to take out Associate Membership in
NAB, we have no doubt but that it would do some good.
Do the same thing to transcription companies, to those
from whom you buy your eciuipment, to the news service

which you are using, and the market research organiza¬
tions.

Let us also remind you so you can pass the word along,
that only Associate Alembers are going to be permitted
to exhibit or maintain reception headquarters in the hotel
where the NAB convention is held. Theirs will be official
exhibits. The cooperation of members is urged.

KIRBY TO WAR DEPARTMENT

With the approval of the President, Secretary of War
Henry L. Stimson last Tuesday appointed Ed Kirby, NAB
Director of Public Relations, to a post on the General
Staff of the Army where he will organize and administer
a radio broadcasting division. Kirby will act as industry
liaison between the industry and the War Department.
He will serve as a “dollar a year man,” having been given
an indefinite leave of absence by the NAB Board at the
request of the War Department. It is expected that he
will assume his new duties in about two weeks.

HENRY RESIGNS

Samuel J. Henry, Jr., has resigned as director of the
NAB Bureau of Radio Advertising. Following are his
letter of resignation and Neville A'liller’s reply:

January 2, 1941.

Mr. Neville Miller

National Association of Broadcasters
Washington, D. C.

De.ar Mr. Miller:

Please accept my resignation as director of the NAB Bureau of
Radio Advertising, to become effective February 1, 1941.

It is with genuine regret that I leave the staff of the National
■Association of Broadcasters, with whom I have been privileged to
work for some time. The associations which I have enjoyed here
in Washington have been most pleasant, and it is my sincere hope
that my future radio and advertising work will provide frequent
opportunity to keep those associations alive.

While I have made no definite decision relative to connections,
I have several matters in mind and I should like to feel free to
conduct negotiations that may involve an earlier leave-taking.

Please convey to the entire staff of N.AB my warmest personal
regards and appreciation of their many courtesies. With best
wishes to you and yours for the New Year.

Sincerely,

Samuel J. Henry, Jr.

Mr. Samuel J. Henry, Jr. January 2, 1941.

National .Association of Broadcasters
Washington, D. C.

My dear Sam:

This is an acknowledgment of your letter of January 2, sub¬
mitting your resignation as Director of the NAB Bureau of Radio
■Advertising, effective February 1.

I want to c.xpress to you my sincere appreciation for the energy
and ability which you have devoted to the Bureau’s work during
the year and one-half in wdiich you have nursed it from its infancy
to its present respectable standing.

I sincerely hope that some of the prospects about which you told
me develop satisfactorily and that you make a connection which
befits your capabilities. In this connection I want to assure you
that if in order to avail yourself of such connection it is necessary
for you to leave before the first of February, wc shall be very
pleased to cooperate with you in that regard.

I know that I voice the sentiment of the entire staff when I
extend you every good wish for a successful future.

My kindest personal regards,

Sincerely,

Neville Miller.

30 — January 10, 1941

Promotion

PEABODY AWARDS

January 15 is the closing date for entries in the George
Foster Peabody Radio Awards contest, sponsored by The
Ftniversity of Georgia in cooperation with the National
Association of Broadcasters.

The procedure as set forth in a recent University bul¬
letin, is as follows:

“Nominations of candidates for these awards shall be
made in writing to the Dean of the Henry W. Grady
School of Journalism, The University of Georgia, Athens,
Georgia. Each nomination must be accompanied by com¬
plete and self-evident data setting forth clearly the claim
to consideration of one of these awards. Program sub¬
jects, program outlines, program transcripts, recordings,
letters and other pertinent data should be so presented as
to comprise an exhibit which will be a faithful record of
the station’s particular contribution to public service of¬
fered for consideration in this connection.

“Competition for one of these awards will be limited
to work done during the calendar year ending December
31 next preceding. The first award will be made in 1941,
based on public service programs of 1940.”

There are to be separate awards for small, medium¬
sized, and large stations, and for chain broadcasts.

Awards will be made at a date and place to be an¬
nounced later, upon the recommendations of the Advisory
Board, membership of which consists of:

Dr. S. V. Sanford, Chancellor, University System of Georgia,
ex-officio.

Bruce Barton, President, Batten, Barton, Durstine, and Osborne,
.Advertising, New York City.

John H. Benson, President, .American Association of .Advertising
Agencies, New York City.

Virginius Dabney, Editor, Richmond (Va.) Times-Dispatch.

Norman PI. Davis, Chairman, American Red Cross, formerly
Acting Secretary of State, etc., Washington, D. C.

Jonathan Daniels, Editor, Raleigh (N. C.) News and Observer.

Mark F. Ethridge, Auce President and General Manager, Louis¬
ville (Ky.) Courier-Journal and Times.

Waldemar Kaempffert, Science Editor, The New York Times.

Alfred A. Knopf, Publisher, New York City.

Dr. John W. Studebaker, United States Commissioner of Isdu-
cation and Chairman, Federal Radio Education Committee, Wash¬
ington, D. C.

Mrs. Marjorie Peabody Waite, daughter of George Foster Pea¬
body and President of “Yaddo”, Saratoga Springs, New York.
Edward Weeks, Editor, The Atlantic Monthly, Boston, Massa¬
chusetts.

Miss Grace Moore, Metropolitan Opera Singer, New York City.

RADIO FILLS 200,000 JOBS

Up to January 1, 1941, through the help of radio,
over 200,000 workers have been placed in National De¬

fense jobs in the War Department and in the Navy De¬
partment.

“It's almost fantastic,” an official declared, “to think
that the broadcasting stations have been able to locate
so many tens of thousands of qualified workers in less
than six months time when, previously, they could not
be found.”

When broadcasters started to recruit workers, on July
24, 1940 doubt was expressed in some quarters that radio
would prove equal to the job. But the skeptics were
neither broadcasters nor Civil Service people.

Station executives from one end of this country to the
other got behind the industry’s own National Defense
promotion from the word go. And so far they have been
able to keep up with requirements.

Believing that broadcasters would be interested in
learning exactly what these 200,000 workers are produc¬
ing, Civil Service was queried. This is a partial list:
naval guns — all sizes; small arms; torpedoes; other muni¬
tions of all kinds; armor plate; engines; tools; optical
instruments; tanks; fighting ships; other defense ships;
airplanes; airplane engines, and airplane instruments.

Monitoring officers and radio operators have also been
secured. Inspectors of every kind have been put to work
as have engineers for the procurement of materials.

'WOW CLAIMS REMOTE RECORD

WOW, Omaha, is latest claimant for single station, long
distance, remote control pick-up. Claim submitted by
Bill Wiseman, publicity manager, is based on station’s
recent series of pick-ups from the Pacific Coast. Says
Mr. Wiseman:

“I note in NAB Reports of December 13 some claims for
honors for long-distance remote control broadcasts. WOW has
both of these claims put to shame !

"On January 6 a four-man WOW special events crew returned
from a 5, 000-mile automobile trip, on which it broadcast from
Phoenix, Hollywood, Pasadena, Los .Angeles, San Francisco, and
several in-between points.

“The expedition was sent out in connection with the University
of Nebraska football team’s appearance in the Rose Bowl. In¬
cluded in the group were Foster May, news and special events
editor, and Tom Dailey, sports editor.”

Legislation

TOBEY ASKS INVESTIGATION

Senator Tobey (R — N H) has introduced a sweeping
resolution (S.R. 20) to investigate both the broadcasting
industry and the FCC. We print it in full below. Rep¬
resentative Wigglesworth (R — Mass) has introduced a
resolution for an investigation similar to the one intro¬
duced by him in the last Congress; a printed copy is not
available as we go to press.

January 10, 1941 — 31

77th CONGRESS, 1st Session
S. RES. 20

IN THE SENATE OF THE UNITED STATES
January 6, 1941

Mr. Tobey submitted the following resolution; which was referred
to the Committee on interstate Commerce

RESOLUTION

Resolved, That the Committee on Interstate Commerce, or any
duly authorized subcommittee thereof, is authorized and directed
to make a full and complete investigation with respect to (1) the
e.xistence, e.xtent, formation, legality, and effect upon the public or
any individual or group, of any monopoly in radio broadcasting
or any phase thereof or in the production, sale, or distribution of
radio-receiving or broadcasting apparatus; (2) the administration
by the Federal Communications Commission of those provisions
of the Communications Act of 1934, as amended, which relate in
any manner to radio communication; (3) the manner of e.xercise
by licensees of the Federal Communications Commission of the
privileges conferred upon them by their licenses from the Federal
Communications Commission; (4) the effect upon the public inter¬
est of any contract pertaining to radio to which any such licensee
or any broadcasting network is a party; and (5) any attempts
made by any such licensee, broadcasting network, or any person,
company, or corporation, engaged in any business relating to radio,
or by any attorney, agent, or representative of any such licensee,
network, person, company, or corporation to unduly influence any
public official in the exercise of his duties with respect to any
matter pertaining to radio. The committee shall report to the
Senate, at the earliest practicable date, the results of its investiga¬
tion, together with its recommendations, if any, for necessary
legislation.

For the purposes of this resolution, the committee, or any duly
authorized subcommittee thereof, is authorized to hold such hear¬
ings, to sit and act at such times and places during the sessions,
recesses, and adjourned periods of the Seventy-seventh and succeed¬
ing Congresses, to employ such clerical and other assistants, to
require by subpena or otherwise the attendance of such witnesses
and the production of such correspondence, books, papers, and
documents, to administer such oaths, to take such testimony, and to
make such expenditures as it deems advisable. The cost of steno¬
graphic services to report such hearings shall not be in excess of 25
cents per hundred words. The expenses of the committee, which
shall not exceed ,$25,000, shall be paid from the contingent fund
of the Senate upon vouchers approved by the chairman,

COLORADO “ANTI-ASCAP” BILL

A so-called “anti-ASCAP” bill, similar to those pre¬
viously introduced in other states, has just been introduced
in the Colorado Legislature. The Ni\B Board of Direc¬
tors went on record last December as opposed to the en¬
couragement or support of legislation of this character.

FEDERAL LEGISLATION

HOUSE

H. R. 123 (CuLKiN, R., N. Y.) LIQUOR ADVERTISING— To
amend the Communications Act of 1934 to prohibit the advertising
of alcoholic beverages by radio. Referred to Committee on Inter¬
state and Foreign Commerce.

H, R. 125 (CuLKiN, R., N. Y.) LIQUOR ADVERTISING— To
prohibit the advertising of alcoholic beverages by radio, and for
other purposes. Referred to Committee on Interstate and Foreign
Commerce.

H. R. 126 (CuLKiN, R., N. Y.) LIQUOR ADVERTISING— To
prohibit the transportation in interstate commerce of advertise¬
ments of intoxicating liquors, and for other purposes. Referred to
Committee on Interstate and Foreign Commerce.

H. R. 132 (CULKIN, R., N. Y.) LIQUOR AD\'ERTISING— To
prohibit the transportation in interstate commerce of advertise-

32 — January 10, 1941

ments of alcoholic beverages, and for other purposes. Referred to
Committee on Interstate and Foreign Commerce.

H. R. 533 (Bland, D., Va.) COMMUNICATIONS ACT— To
amend section 4 (f) of the Communications Act of 1934, as
amended, to provide for extra compensation for overtime of in¬
spectors in charge and radio inspectors of the Field Division of the
Engineering Department of the Federal Communications Commis¬
sion. Referred to Committee on Merchant Marine and Fisheries.

H. R. 999 (Peterson, D., Fla.) COMMUNICATIONS ACT—
To amend the Communications Act of 1934 so as to prevent
monopolies and to prohibit excessive duplication of broadcast pro¬
grams in any area. Referred to Committee on Interstate and
Foreign Commerce.

H. R. 1082 (Ditter, R., Penna.) COMMUNIC.\TIONS ACT—
To amend the Communications .Vet of 1934 in order to preserve
and protect liberty of expression in radio communication. Referred
to Committee on Interstate and Foreign Commerce.

HOUSE JOINT RESOLUTION

H. J. Res. 32 (Ditter, R., Penna.) COPYRIGHT — To define
the principle of international reciprocity in the protection of Amer¬
ican patents, trade-marks, secret formulas and processes, and copy¬
rights by providing a method for assuring the payments of amounts
due to persons in the United States from users thereof in countries
restricting international payments from their territories. Referred
to Committee on Patents.

SENATE

S. 157 (Capper, R„ Kansas) LIQUOR ADVERTISING— To
prohibit the transportation in interstate commerce of advertise¬
ments of alcoholic beverages, and for other purposes. Referred to
Committee on Interstate Commerce.

SENATE RESOLUTION

S. Res. 20 (Tobey, R., N. H.) MONOPOLIES — .Authorizing the
Committee on Interstate Commerce to investigate possible monop¬
olies in radio broadcasting, equipment, and communication. Re¬
ferred to Committee on Interstate Commerce.

STATE LEGISLATION

Colorado:

H. 17 (Crowley, et al.) COPYRIGHT REGULATIONS— To
remove monopolistic abuses wrongfully practiced under copyrights
in the state by price-fixing combinations, monopolies and pools,
and to encourage production of copyrighted works of citizens of
Colorado. Repealing certain acts, creating state anti-monopoly
board. Referred to Committee on Judiciary.

Massachusetts:

H. 189 (Soc. Against Copyright .Abuses) COPYRIGHTED
MUSIC.AL COMPOSITIONS — Relative to public performing rights
in copyrighted musical compositions and dramatic-musical composi¬
tions, providing for licensing of the same, and levying a tax on
the gross receipts from licensing of such rights. Referred to Com¬
mittee on Constitutional Law.

H. 193 (Sullivan) RADIO NEWS G.ATHERER— Making it
a crime to interfere with any news photographer reporter, or radio
news gatherer or commentator or reporter, in the exercise of his
calling. Referred to Committee on Constitutional Law.

H. 194 (Sullivan) JOURNALISM, RADIO AND TELE¬
VISION — To create and protect the right of confidence in the pro¬
fession of journalism, radio and television. Referred to Committee
on Constitutional Law.

H. 307 (Rep. Cameron) PUBLISHED LIBELLOUS STATE¬
MENTS — Making writers of published libellous statements civilly
and criminally liable therefor. Referred to Committee on Con¬
stitutional Law.

H. 324 (Richard J. Hatcheield) COPYRIGHT — In aid of
federal copyright laws. Referred to Committee on Constitutional
Law.

STATE LEGISLATION
REPRESENTATIVES

The persons whose names are listed below have been
designated by the Directors of their respective Districts

to keep NAB informed of the introduction in state legis¬
latures of any legislation affecting broadcasting. They
will serve as a clearing-house for information obtained
from broadcasters in their states and any other sources.
The legislatures of 44 states will be in session this year.

DISTRICT 1

Connecticut; Paul W. Morency, WTIC, Hartford
Maine:

Massachusetts:

New Hampshire: Charles G. H. Evans, WFE.y, Manchester
Rhode Island: John Boyle, WJAR. Providence
Vermont: Charles P. Hasbrook, WCAX, Burlington

DISTRICT 2

New York:

DISTRICT 3

Delaware: J. Gorman Walsh, WDEL, Wilmington
New Jersey: Theodore C. Streibert, WOR, Newark
Pennsylvania: C. G. Moss, WKBO, Harrisburg

DISTRICT 4

Maryland: George Roeder, WCBM, Baltimore
North Carolina; Richard H. Mason, WPTF, Raleigh
South Carolina: G. Richard Shafto, WIS, Columbia
Virginia: C. T. Lucey, WRVA, Richmond
West Virginia: Howard Chernoff, WCHS, Charleston

DISTRICT 5

Alabama: J. C. Bell, WBRC, Birmingham
Florida: Gilbert Freeman, WTAL, Talahassee
Georgia;

DISTRICT 6

Arkansas: G. E. Zimmerman, KARK, Little Rock
Louisiana; Harold Wheelahan, WSMB, New Orleans
Mississippi: Wiley P. Harris, WJDX, Jackson
Tennessee: Edwin W. Craig, WSM, Nashville

DISTRICT 7

Kentucky: George Norton, Jr., WAVE, Louisville
Ohio: J. H. Ryan, WSPD, Toledo

DISTRICT 8

Indiana: Gene Pulliam, WIRE, Indianapolis
Michigan; Owen Uridge, WJR, Detroit

DISTRICT 9

Illinois: Harold L. Dewing, WCBS, Springfield
Wisconsin: W. J. Damm, WTMJ, Milwaukee

DISTRICT 10

Iowa: Luther Hill, KSO, Des Moines
Missouri:

Nebraska: Glenn Foe, Lincoln

DISTRICT 11

Minnesota: Earl H. Gammons, WCCO, Minneapolis
North Dakota: P. J. Meyer, KFYR, Bismarck
South Dakota: A. A. Fahy, KABR, Aberdeen

DISTRICT 12

Kansas: Ben Ludy, WIBW, Topeka
Oklahoma: Neil Barrett, KOMA, Oklahoma City

DISTRICT 13

Texas; Ted Taylor, KGNC, Amarillo

DISTRICT 14

Colorado; Eugene P. O’Fallon, KFEL, Denver
Idaho: Frank Hurt, KFXD, Nampa

Utah: Earl J. Glade, KSL, Salt Lake City
Wyoming: D. L. Hathaway, KDFN, Casper
Montana: K. O. MacPherson, KPFA, Helena

DISTRICT 15

Calefornia: Howard Lane, KF'BK, Sacramento
Nevada: Wallie D. Warren, KOH, Reno
Hawaii: J. Howard Worrall, KGMB, Honolulu

DISTRICT 16

Arizona: Fred A. Palmer, KOY, Phoenix
New Mexico:

DISTRICT 17

Oregon: W. Carey Jennings, KEX, Portland
Washington; Donald G. Graham, KOMO-KJR, Seattle

Labor

WRITTEN CONTRACTS

The Supreme Court held this week that an employer
must reduce to the form of a written contract any agree¬
ment he reaches with a labor union, at the union’s request.

“A business man who entered into negotiations with
another (business man) for an agreement having numer¬
ous provisions, with the reservation that he would not
reduce it to writing or sign it, could hardly be thought to
have bargained in good faith,” Mr. Justice Stone wrote.

However, the court pointed out that the Wagner Act
“while requiring the employer to bargain collectively, does
not compel him to enter into an agreement.” (H. J.
Heinz Company v. N.L.R.B.)

FEDERAL COMMUNICATIONS
COMMISSION

MILLER ELECTED CHAIRMAN OF
DEFENSE COMMITTEE

Neville Miller, was elected chairman of the domestic
broadcasting committee of the Defense Communications
Board at an organization meeting on Monday. Andrew
D. Ring of the FCC was elected secretary.

Complete list of officers elected by the various commit¬
tees at Monday’s meeting are as follows;

Industry .\dvisory Committee:

Mr. Walter S. Gifford, Chairman

(American Telephone and Telegraph Co.)

Dr. C. B. Jolliffe, Secretary

(Radio Corporation of America)

Labor Advisory Committee:

Mr. Robert J. Watt, Chairman
(.American F’ederation of Labor)

Mr. Paul E. Griffith, Secretary

(National Federation of Telephone Workers)

January 10, 1941 — 33

I. Amateur Radio Committee:

Mr. George VV. Hailey, Chairman
(American Radio Relay League)

Mr. E. M. Webster, Secretary

(Federal Communications Commission)

II. Aviation Communications Committee:

Mr. Paul Goldsborough, Chairman
(Aeronautical Radio, Inc.)

Mr. Ford Studebaker, Secretary
(American Export Airlines, Inc.)

III. Cable Committee:

Mr. C. Mills, Chairman
(Mexican Telegraph Co.)

Mr. J. A. Kennedy, Secretary

(Federal Communications Commission)

IV. Domestic Broadcasting Committee:

Mr. Neville Miller, Chairman

(National Association of Broadcasters)

Mr. A. D. Ring, Secretary

(F'ederal Communications Commission)

V. Interdepartment Radio Advisory Committee:

Mr. E. K. Jett, Chairman

(Federal Communications Commission)

Dr. J. H. Dellinger, Vice Chairman

(Department of Commerce, c/o Bureau of Standards)
Mr. Gerald C. Gross, Secretary

(Federal Communications Commission)

Mr. P. F. Siling, Assistant Secretary
(Federal Communications Commission)

Note: I RAC did not meet on January 6. The names are
those of the regular officers.

VT. International Broadcasting Committee:

Mr. Walter Evans, Chairman

( Westinghouse Electric & Mfg. Co.)

Mr. P. F. Siling, Secretary

(Federal Communications Commission)

\TI. Radiocommunications Committee:

Mr. E. M. Webster, Chairman

(Federal Communications Commission)

Mr. h'. M. Ryan, Secretary

(American Telephone & Telegraph Co.)

VIII. State and Municipal Facilities Committee:

Capt. Donald S. Leonard, Chairman

(International Association of Chiefs of Police)

Mr. E. L. White, Secretary

(Federal Communications Commission)

IX. Telegraph Committee:

Mr. E. R. Shute, Chairman

(Western Union Telegraph Company)

Mr. W. J. Norfleet, Secretary

(Federal Communications Commission)

X. Telephone Committee:

Mr. Z. Z. Hugus, Chairman

(American Telephone & Telegraph Co.)

Mr. Clyde S. Bailey, Secretary

(U. S. Independent Telephone Assn.)

XI. United States Government Facilities Committee:

Mr. A. G. Simson, Chairman
(Department of Agriculture)

Mr. T. L. Bartlett, Secretary

(Federal Communications Commission)

FCC DEFENSE FUND

I^'CC Budget Bureau estimates for 1942 provide a lump¬
sum appropriation to carry out the national defense pro¬
gram, which was begun the latter part of the year with
.'>1,600,000 allocated by the I’resident from the emer¬
gency fund given him. The bureau approved an appro-

34 — January 10, 1941

priation of $1,930,000, an increase of $320,000, to carry
on this work during the next fiscal year.

The fund is to be used to purchase land and equipment
to establish monitoring stations in all parts of the country
to guard the air waves from being used for subversive
activities. The fund also is to be used for the employ¬
ment of additional personnel, including radio inspectors
and an attorney investigator, as well as the necessary
clerical and administrative assistance.

The estimates also call for the iLse of 80 vehicles as
mobile monitoring stations to be used in ferreting out
unlicensed radio stations and stations alleged to be used
in subversive activities. The cost of the operation of
these vehicles is estimated at $7,000.

882 STATIONS

During the month of December, 1940, the Federal Com¬
munications Commission issued operating licenses to six
stations and granted construction permits to six stations.
A comparative table by months follows;

Operating . 765 76Q 771 775 779 783 791 799 806 810 816 825 8,31

Construction . 49 48 51 48 47 53 56 58 57 54 52 51 51

814 817 822 823 826 836 847 857 863 864 868 876 882

WMCA DECISION

FCC has dismissed a petition filed December 23, re¬
questing it to reconsider its action of December 17, giving
consent to a transfer of control of the Knickerbocker
Broadcasting Company, Inc., licensee of Station WMCA,
New York City, from Donald J. Flamm, to Edward J.
Noble.

The decision and order of the Commissioi,! on petition
to reconsider, with Commissioner Craven not participat¬
ing:

This is a petition filed December 23, 1940, by Donald J. Flamm,
New York City. It requests the Commission to reconsider its
action of December 17, 1940, giving consent to a transfer of control
of Knickerbocker Broadcasting Company, Inc., licensee of Radio
Station WMCA, New York City, from Donald J. Flamm to
Edward J. Noble, upon application filed December 2, 1940, by
Donald J. Flamm, transferor, and Edward J. Noble, transferee
(B1-TC-2S2), and upon such reconsideration, to dismiss the
application.

In support of the petition it is alleged that the application for
consent to transfer control of the Knickerbocker Broadcasting
Company, Inc. (WMC.A), through the transfer of all the stock
from Donald J. Flamm to Edward J. Noble was filed December
2, 1940; that on December 14, 1940, petitioner's counsel received
a letter from the Commission requesting further information, and
stating that before action would be taken on the application it
would be necessary to supply the Commission with such informa¬
tion; that on December 17, 1940, petitioner had prepared a jietition
to dismiss tlie a])plication unrler Rule 1.7,3, “whicli was ready to
be filed” when notice of the Commission’s action of December
17, 1940, was received.

On December 30, 1940, Edward J. Noble, transferee, filed his
answer to the petition filed by Donald J. Flamm, transferor.

Upon examination of the application fileil Decembei- 2, 1940,
b\' Donald J. Flamm, transferor, and Edward j. Noble, trans¬
feree, for consent to transfer control of the Knickerbocker Broad-

casting Company, Inc. (WMCA), it was found that full informa¬
tion was lacking, particularly as to the financial arrangements
between the parties, the financial showing of the transferee, and the
nature of an asset item in the licensee’s balance sheet entitled
“franchise”. On December 13, 1940, a request for additional
information in regard to these matters was made jointly of
transferor and transferee. On December 14, 1940, the Commission
received a response from the transferee to its inquiry of December
13, 1940.

Thereupon the application became available for action by the
Commission, and, upon consideration of the application and data
submitted therewith by the transferor and transferee, the Com¬
mission, on December 17, 1940, found that the transferee was
legally, technically, financially and otherwise qualified, and that
the transfer requested was in the public interest. It, therefore,
gave its consent to the transfer.

In so far as the instant petition requests a reconsideration of
the action of the Commission granting consent, as applied for, to
transfer of control of a licensee corporation, neither the Com¬
munications Act of 1934, as amended, nor any rule or regulation
promulgated by the Commission pursuant to the Act either ex¬
pressly or by implication makes provision for the filing by an
applicant of a petition for reconsideration or rehearing following
a grant of his own application as filed. Section 403 of the Com¬
munications Act of 1934 and Paragraph 1.271 of the Commission’s
Rules of Practice and Procedure provide for the filing of a petition
for rehearing which may request reconsideration, hearing, or re¬
hearing by any “person aggrieved or whose interests are adversely
affected” by any decision, order, or requirement of the Com¬
mission. Petitioner has failed to make any showing that he is
aggrieved or adversely affected by the action of the Commission
taken pursuant to his request.

In so far as the petition requests a dismissal of the above-entitled
application, petitioner’s sole complaint appears to be that the
Commission acted upon the merits of his application without
awaiting a response from him as well as from the transferee to
its communication of December 13, 1940, and while he was pre¬
paring to file a request for dismissal of the instant application.
Petitioner does not claim that the information furnished by the
transferee was in any way inadequate, improper or incorrect, nor
does he allege that he had intended to furnish any additional
information. On the contrary, it appears from his petition that
his intentions were to ignore the Commission’s request for informa¬
tion, and to petition the Commission to dismiss the application
without giving any consideration whatever to its merits.

Petitioner’s application was pending from December 2 to De¬
cember 17, 1940, during which time he had ample opportunity to
request a dismissal thereof pursuant to Paragraph 1.73 of the
Commission’s Rules. If petitioner found himself unable to have
the necessary papers prepared formally requesting a dismissal
of his application, he might have informally communicated his
intentions to the Commission, and requested additional time within
which formally to do so. In the absence of any contrary ex¬
pression of intention by an applicant, the Commission necessarily
presumes that the request contained in his application is a con¬
tinuing one until final action is taken thereon. Since the applicant
in this case did not make his intentions known to the Commission
prior to final action thereon. Rule 1.73 is no longer applicable.

In view of the foregoing, we are of the opinion that the “Peti¬
tion to Reconsider Action Approving Transfer of Control and to
Dismiss Application in Accordance with Rule 1.73 of the Com¬
mission’s Rules and Regulations” should be dismissed.

However, in accordance with our usual practice, we have exa¬
mined the instant petition with particularity in order to determine
whether it presents any matters upon which we should, on our ow’n
motion, take action. As hereinbefore indicated, after securing full
information we found on December 17, 1940, that the transfer was
legally, technically, financially, and otherwise qualified; that the
transfer requested would serve the public interest, and gave our con¬
sent to the transfer. The petition for reconsideration does not allege
the contrary. No facts are stated in the petition which contradict
in whole or in part the Commission’s conclusion that the transferee
is qualified to serve the public interest. In the absence of any
showing that our action giving consent to the transfer of control
of the Knickerbocker Broadcasting Company, Inc. (WMC.\), is
contrary to the public interest or that the action is in any respect
unjust, unwarranted, or erroneous, no basis exists for reconsidering
on our own motion our action of December 17, 1940, giving
consent to said transfer of control.

In this connection, it should be noted that our action taken at
the request of the parties is not a mandatory order, but is a per¬

missive consent to the proposal contained in the application. The
petitioner, as transferor, was himself an applicant seeking our
consent to that proposal. Our consent has been given, and the
matter is now one of private contractual arrangements between
the parties.

■Accordingly, It Is Ordered, this 7th day of January, 1941, that
the petition filed by Donald J. Flamm, transferor, “to reconsider
action approving transfer of control and to dismiss application
in accordance with Rule 1.73 of the Commission’s Rules and
Regulations” Be, and It Is Hereby, Dismissed.

FEDERAL COMMUNICATIONS
COMMISSION DOCKET

Following broadcast hearings are scheduled before the
Commission during the week beginning, Alonday, Jan¬
uary 13. They are subject to change.

Wednesday, January 15

WMBI — The Moody Bible Institute of Chicago, Chicago, III. —
Modification of license, 1(180 kc., 5 K\V, limited to WBT
and KFAB. Present assignment: 1080 kc., 5 KW, limited
to WBT, share WCBD.

W.API — .Alabama Polytechnic Institute, Plniversity of .Alabama and
.Alabama College (Board of Control), Birmingham, .Ala. —
Renewal of license, 1140 kc., 3 KW night, 3 KW LS, simul¬
taneous day KVOO, share KVOO night.

Friday, January 17

WWL — Loyola University, New Orleans, La. — Renewal of license,
850 kc., so KW night, 30 KW LS, specified hours.

NEW — William H. .Amesbury, Minneapolis, Minn. — C. P., (530 kc.,
1 KW night, 1 KW day, unlimited, D.A night and day.

FUTURE HEARINGS

During the past week the Commission has announced
the following future broadcast hearings and oral argu¬
ments. They are subject to change.

February 10

KRMC — Roberts Mac Nab Company (.Assignor) (.Arthur L.
Roberts, R. B. Mac Nab, and .A. J. Breitbach, Gen’l Mgr.),
and Jamestown Broadcasting Co., Inc. (.Assignee). James¬
town, N. Dak. — Voluntary assignment of license, 1370 kc.,
230 watts, unlimited time.

WGST — Georgia School of Technology, .Atlanta. Ga. — Renewal of
license (main and auxiliary), 8!)() kc., 1 KW night, 3 KW LS,
unlimited.

February 13

Oral .Argument Before the Commission
Report No. B-113:

WTAX — John H. Stenger, Jr., Wilkes-Barre, Pa. — Renewal of
license, 1210 kc., 100 watts night, 100 watts LS, unlimited
time.

February 28

NEW — Park Cities Broadcasting Corp., Dallas, Tex. — C. P., 940
kc., 300 watts, unlimited.

KRBC — Reoorter Broadcasting Co., Abilene, Tex. — C. P., 940 kc.,
1 KW, unlimited, DA night and day.

TELEVISION BROADCAST
March 3

NEW — R. B. Eaton, Des Moines, Iowa. — C. P., 66000-72000 kc.,
46 watts night; 46 watts day — visual; 100 watts day — aural;
unlimited.

March 10

W.ARM — LTnion Broadcasting Company, Scranton, Pa. — License to
cover C. P., 1370 kc., 230 watts, unlimited.

January 10, 1941 — 35

FEDERAL COMMUNECATIONS
COMMISSIOM ACTION

APPLICATIONS GRANTED

Grenco, Inc., Greenwood, S. C. — Granted application lor construc¬
tion permit for new standard broadcast station to operate
on 1430 kf., 250 watts power, unlimited time (B3-P-2930).

KFYR — Meyer Broadcasting Co., Bismarck, N. Dak. — Granted
construction permit to install directional antenna for night
use and increase night power from 1 KW to S KW ; 550
kc., S KW LS, unlimited (B4-P-2S76).

WJMC — Walter H. McGenty, Rice Lake, Wise. — Granted modifi¬
cation of license to change hours of operation from daytime
only to unlimited, using 250 watts power day and night;
frequency 1310 ke. (B4-ML-1025) .

KDYL — Intermountain Broadcasting Corp., Salt Lake City, Utah.
— Granted construction permit to install directional antenna
for both day and night use and increase night power from
1 KW to 5 KW ; 5 KW LS; frequency 12!)0 kc.. unlimited
time (B5-P-2721 ).

KDTH — Telegraph Herald, Dubuque, Iowa. — Granted modification
of construction permit for new station (B4-P-960) for ap¬
proval of transmitter site and directional antenna for night
use; 1340 kc., 1 KW day and night, using directional an¬
tenna at night ( B4-MP-1096) .

WKBH — WKBH, Inc., La Crosse, Wise. — Granted construction
permit to increase power from 1 KW to 5 KW, move
transmitter site from R. F. D. No. 1, LaCrosse, Wise., to
on Highway No. 33, Shelby Township, Wise., install new
transmitter and directional antenna for night use; 1380 kc.,
unlimited (B4-P-2733).

Columbia Broadcasting System, Inc., New York Cily. — Granted
construction permit for new high frequency (FM) broad¬
cast station to operate on frequency 48700 kc., 8,500 square
miles, 12,000,000 population (Bl-PH-55).

DESIGNATED FOR HEARING

WlXG — General Television Corp., Boston, Mass. — Construction
permit for television station to install aural transmitter
and add 500 watts aural power and A3 emission to present
authorization (Bl-PVB-69).

WlXG — General Television Corp., Boston, Mass. — Construction
permit to change frequencies of television station to 50000-
51)000 kc. (Bl-MLVB-14).

KMA — May Broadcasting Co., Shenandoah, Iowa. — Application
for renewal of license ; 030 kc., 1 KW night, 5 KW local
sunset, unlimited time; designated for hearing because of
alleged failure to file full information in connection with
an application.

West Publishers, Inc., Houston, Tex. — Application for construction
permit for new station to operate on 610 kc., 1 KW, direc¬
tional antenna at night, unlimited (B3-P-2864).

MISCELLANEOUS

KAWN — A. W. Mills, Gallup, N. Mex. — Granted special tem¬
porary authority to remain silent for the period December
.11, 1940, to January 29, 1941, during repairs necessitated
by fire.

KMMJ — KMMJ, Inc., Grand Island, Neb. — Granted special tem¬
porary authority to operate until conclusion of Rose Bowl
football game on January 1, in order to broadcast game
in its entirety.

KGNF — Great Plains Broadcasting Co., North Platte, Neb. —
Granted special temporary authority to operate from local
sunset (January, 5:45 p. m., CST), to conclusion of Rose
Bowl football game January 1st, in order to broadcast
said game only.

KSMA — Sam Flouston Broadcasting Assn., Huntsville, Texas. —
Granted extension of special temporary authority to remain
silent for the i)eriod January 2 to February 1, 1941, ])end-
ing (.\jmmission action on revocation order.

WBWO — The Crosley Corp., Cincinnati, Ohio. — Granted extension
of special temporary authority to operate the equipment of

36 — January 10, 1941

International Broadcast Station WLWO with power input
to final stage of 100 KW, for a period not to exceed 30
days from January 1, 1941, in order to obtain data re¬
quested in connection with application for modification of
license.

W2XBS — National Broadcasting Co., Inc., New Y^ork City. —
Granted extension of special temporary authority to operate
television broadcast station W2XBS with special emission
in addition to A3 emission on Channel No. 1, in order to
conduct experimental tests for National Television Stand¬
ards Committee and NBC for the period January 1 to
January 30, 1941.

WJJD — WJJD, Inc., Chicago, Ill. — Denied special temporary
authority to operate from 8 to approximately 9:30 p. m.,
CST, December 31st and January 4, 18, 25, in order to
broadcast basketball games.

W2XWG — National Broadcasting Co., Inc., New York, N. Y. —
Granted special temporary authority to operate station
W2XWG on 45100 kc., 1000 watts power, A4 and special
emission, for the period January 1, 1941, to not later than
March 1, 1941, pending final authorization and completion
of construction of applicant’s new high frequency broadcast
station.

WBAX — John H. Stenger, Jr., Wilkes-Barre, Pa. — Granted petition
for 30 days continuance of oral argument now set for
January 9, 1941, in re application for renewal of license
of Station WBAX (B2-R-378).

WTAL — Florida Capitol Broadcasters, Inc., Tallahassee, Fla. —
Granted motion for additional time of 60 days within
which to submit proposed findings and conclusions in re
application for renewal of license (B3-R-869).

William D. Hudson and Violet Hutton Hudson, Clarksville, Tenn.
— Granted petition for order to take depositions in re hear¬
ing on application for construction permit for new station
to operate on 4370 kc., 250 watts power, unlimited time
(B3-P-2983).

Edward J. Doyle, Rochester, N. Y. — Granted petition for order
to take depositions in re hearing on application for con¬
struction permit for new station to operate on 1340 kc.,
1 KW, unlimited, directional antenna day and night (Bl-P-
2031).

Jamestown Broadcasting Co., Inc., Jamestown, N. D. — Granted
motion for continuance of 30 days of hearing now set for
January 10, 1941, in re voluntary assignment of license of
Station KRMC from Roberts Mac Nab Co. to Jamestown
Broadcasting Co., Inc. (B4-AL-276).

KGIR — KGIR, Inc., West of Butte, Mont. — Granted petition to
intervene in re hearing on application of The Dodge City
Broadcasting Co., Inc., Dodge City, Kans. (KGNO), for
modification of license to increase night power from 250
watts to 500 watts (B4-ML-998).

WCAM — City of Camden, N. J. — Granted motion to take depo¬
sitions in re hearing on application for renewal of license
of Station WCAM (Bl-R-168).

WARM — Union Broadcasting Co., Scranton, Pa. — Granted motion
to postpone to March 10, 1941, the hearing now set for
January 8, 1941, in re application for license to cover
construction permit to operate Station WARM on 1370 kc.,
250 watts, unlimited (B2-L-1176).

WCHW — Arthur Faske, Brooklyn, N. Y. — Granted special tem¬
porary authority to operate with power of 250 watts from
9 p. m. to 10 p. m. EST, January 6, 1941, in order to re¬
broadcast President Roosevelt’s speech to greater area only.

WKBN — WKBN Broadcasting Corp., Youngstown, Ohio. — Granted
special temporary authority to operate simultaneously with
Station WOSU from 2 p. m. to 3 p. m. EST, January 6,
1941, in order to broadcast President Roosevelt’s address
to opening session of Congress only.

KWJJ — KWJJ Broadcast Co., Inc., Portland, Ore. — Denied special
temporary authority to operate on 1040 kc.., simultaneously
with Stations WTIC and KRLD from 7:15 to 9 p. m. PST,
January 7, 8, 17, 21, 22, 24, and 31, 1941, and from 7:45
to 9 p. m., PST, January 10, 11, and 25, 1941, in order to
broadcast series of intercollegiate basketball games, make
announcements of games, and play sustaining music to
start of games only.

KTRB — KTRB Broadcasting Co., Inc., Modesto, Calif. — Granted
special temporary authority to operate January 3, 1941, from
S p. m., PST, to conclusion of event — Modesto Junior Col¬
lege vs. Auburn Junior College basketball game; January 4,
1941, from 8 p. m., PST, to conclusion of event — Modesto

Junior College vs. Visalia Junior College basketball game;
January 18 from 7:30 p. m., PST, to conclusion of event —
Modesto Junior College vs. University of California basket¬
ball game; January 24 from 7:30 p. m. to conclusion of
event — Modesto Junior College vs. Marin Junior College
basketball game; January 25 from 7:30 p. m., PST, to con¬
clusion of event — Modesto Junior College vs. Santa Rosa
Junior College basketball game; January 19 from 7:30 p. m.,
PST, to conclusion of event — Modesto Junior College Or¬
chestra and A Capella Choir Recital, subject to condition
that such programs are on sustaining basis only.

WA.4B-\VEAN-VVICC-WNAC — The Yankee Network, Inc., Bos¬
ton, Mass. — Granted extension of special temporary author¬
ity to pick up and rebroadcast certain programs received
from high frequency broadcast station WIXOJ from Jan¬
uary 8, 1941, to not later than February 6, 1941.

WICA — WICA, Inc., Ashtabula, Ohio.— Granted special temporary
authority to operate from local sunset (January 5:15 p. in.,
EST) to 6 p. m., EST, January 12, 19, and 26, 1941, in
order to broadcast Father Justyn’s Rosary Hour only.

KFDY— South Dakota State College, Brookings, S. Dak.— Granted
special temporary authority to operate from 7:50 p. m. to
9:50 p. m., CST, on January 6, 11, 13 and 18, 1941, in order
to broadcast games on the South Dakota State College
basketball schedule.

WCOP— Massachusetts Broadcasting Corp., Boston, Mass.-
Granted special temporary authority to operate from local
sunset (January 4:30 p. m., EST) to 4:45 p. m., EST, on
January 4, 11, 18 and 25, 1941, in order to broadcast pro¬
grams on behalf of the Professional Women’s Club of Bos¬
ton. Also granted special temporary authority to operate
from 4:45 p. m. to 5:15 p. m., EST, January 5, 12, and 19,
1941, in order to broadcast a religious program by the
Passionist Order of the Catholic Church of Boston only.

W2XMN— Edwin H. Armstrong, North of Alpine, N. J.— Granted
special temporary authority to operate a high frequency
experimental broadcast station on 42800 ko., 40,000 watts
power, special emission, in order to broadcast programs of
station WlXPW, for a period ending not later than 3 a. m.,
EST, March 1, 1941.

W2XOY— General Electric Co., Albany, N. Y.— Granted extension
of special temporary authority to relay through high fre¬
quency broadcast station W2XOY the frequency modulated
programs of high frequency broadcast station W2XMN, for
the period January 6, 1941, to not later than February 4,
1941.

VVPIT — Westinghouse Electric & Mfg. Co., Hull, Mass.— Granted
special temporary authority to operate the equipment of
international broadcast station WPIT, authorized in con¬
struction permit (File No. Bl-PIB-23), with power of 50
KW, using WL 893R tubes in final amplifier stage in lieu of
Federal 124R tubes, for the period January 4, 1941, to not
later than February 2, 1941.

WSPR — WSPR, Inc., Springfield, Mass. — Granted special tem¬
porary authority to operate from 9 to 10 p. m., EST, on
Sundays, January 5, 12, and 19, 1941, in order to broadcast
the Rosary Hour program.

WORD — Broadcasting Service Organization, Inc., Boston, Mass. —
Granted special temporary authority to operate from 5 p. m.
to 6 p. m., EST, on Sundays, January 5, 12, 19 and 26, 1941,
in order to broadcast the Rosary Hour.

WAPI — Alabama Polytechnic Institute, Birmingham, Ala. — Dis¬
missed petition for rehearing directed against the action of
the Commission October 29, 1940, granting without hearing
the application of Indianapolis Broadcasting Corp. (WIBC),
Indianapolis, Ind., for construction permit.

WWL — Loyola University, New Orleans, La. — Granted petition for
reconsideration and grant of renewal of license for station
WWL, cancelled hearing, and granted renewal of license to
operate on 85(1 kc., 50 KW power, S.H. (KWKH).

Seaboard Broadcasting Corp., Tampa, Fla. — Denied petition for-
rehearing directed against the action of the Commission
November 19, 1940, granting without hearing the applica¬
tion of Herald Publishing Co., Inc. (WALB), Albany, Ga.,
for modification of construction permit.

Earle C. Anthony, et al. — Denied petition by 14 dear-channel
broadcast stations to intervene in the hearing before the
Commission in re the application of Matheson Radio Com¬
pany, Inc. (WHDH), Boston, Mass., for construction per¬
mit to increase power and hours of operation on the 830 kc.
frequency.

KOA — National Broadcasting Co., Denver, Colo. — Denied petiton
to intervene in the hearing in re application of WHDH, and
denied appeal of applicant, Matheson Radio Co., Inc., from
the action of December 21, 1940, of Commissioner Craven
presiding at the Motions Docket, extending the time for
filing exceptions and requesting oral argument, and affirmed
the Order of the Commission. The Commission will receive
briefs amici curiae from petitioners and others similarly
situated within 20 days.

WMC.4 — Donald J. Flamm, New York City. — Dismissed petition
filed on December 23, 1940, requesting the Commission to
reconsider its action of December 17, 1940, giving consent
to a transfer of control of Knickerbocker Broadcasting
Company, Inc., licensee of station WMCA, New York City,
from Donald J. Flamm to Edward J. Noble.

At the request of the Radio Committee of the Committee for the
Celebration of the President’s Birthday, the Commission suspended
for the period 11 o’clock p. m. to 12 o’clock midnight, EST,
January 25, 1941, the requirements of Section 3.92 of the Com¬
mission’s Rules and Regulations with respect to station identifica¬
tion announcements applicable to all radiobroadcast stations carry¬
ing the “March of Dimes” program during said period.

APPLICATIONS FILED AT FCC

620 Kilocycles

KTAR — KTAR Broadcasting Co., Phoenix, Ariz. — License to cover
construction permit (B5-P-2632) for a new transmitter,
directional antenna day and night, increase in power, and
move of transmitter.

KTAR — KTAR Broadcasting Co., Phoenix, Ariz. — .Authority to
determine operating power by direct measurement of antenna
power.

740 Kilocycles

KMMJ — KMMJ, Inc., Grand Island, Nebr. — Authority to install
automatic frequency control equipment.

880 Kilocycles

KLX — Tribune Building Co., Oakland, Calif, — Authority to deter¬
mine operating power by direct measurement of antenna
power.

890 Kilocycles

K.ARK — Arkansas Radio and Equipment Co., Little Rock, .Ark. —
License to cover construction permit (B3-P-2570) for in¬
crease in night power.

K.ARK — .Arkansas Radio and Equipment Co., Little Rock, .Ark. —
Authority to determine operating power by direct measure¬
ment of antenna power.

920 Kilocycles

WSPA — Spartanburg .Advertising Co.. Spartanburg, S. C. — Modifi¬
cation of construction permit (B3-P-2901) to install direc¬
tional antenna for night use; change hours of operation from
daytime to unlimited time, using power of 1 KW day and
night ; move transmitter, further requesting authority to
install new transmitter, increase power from 1 KW to 1 KW,
5 KW local sunset, and move transmitter location from
east side of Greenville Road and New Highway, 2.5 miles
northwest center of Spartanburg, Saxon Mills, S. C., to
west side of County Home Farm Road, south of U. S. Route
176, near Lowe, S. C. Extend commencement date thirty
days after grant and completion date 180 days thereafter.
Amended to change type of requested transmitter.

940 Kilocycles

WD.AY — WD.AY, Inc., Fargo, N. Dak. — .Authority to determine
operating power by direct measurement of antenna power.
WD.AY — WDAY, Inc., Fargo, N. Dak. — License to cover construc¬
tion permit (B4-P-2530) for increase in night pov/er and
installation of directional antenna for night use.

950 Kilocycles

WRC — National Broadcasting Co., Inc., Washington, D, C. —
Modification of construction permit (Bl-P-243) as modified
for extension of completion date from 1-5-41 to 3-5-41.

January 10, 1941 — 37

NAB LIBRARY

1080 Kilocycles

NEW — Mid-America Broadcasting Corp,, Louisville, Ky. — Con¬
struction permit for new station, 1040 kc..* 1 KW, 5 KW
LS, unlimited, directional antenna day and night. * Re¬
quest 1080 !ic. when Havanna Treaty becomes effective.
Amended re directional antenna.

1200 Kilocycles

WJNO — WJNO, Inc., West Palm Beach, Fla. — Construction per¬
mit to use formerly licensed 2S0-watt composite transmitter
and install vertical antenna at 511 Datura Street, West Palm
Beach, Fla., as an auxiliary unit, with emergency studio at
the same location.

1210 Kilocycles

NEW — Texas Star Broadcasting Co., Houston, Tex. — Construction
permit for a new station on 1210 kc., 250 watts, unlimited
time. Class IV. Studio and transmitter to be determined,
Houston, Tex. — Amended to give location of transmitter as
Freund and Ennis Streets, Houston, Tex., and make changes
in antenna.

1230 Kilocycles

KGBX — Springfield Broadcasting Co., Springfield, Mo. — Modifi¬
cation of construction permit (B4-P-2510) for new trans¬
mitter, increase in power, and changes in directional antenna
for night use, requesting changes in equipment.

1280 Kilocycles

KLS — S. W. Warner and E. N. Warner, d/b as Warner Brothers,
Oakland, Calif. — Modification of construction permit (BS-
P-2826) for increase in power, new transmitter, and changes
in antenna, requesting authority to install new transmitter.

1310 Kilocycles

KOCY — Plaza Court Broadcasting Co., Oklahoma City, Okla. —
Authority to install automatic frequency control unit.

WFIG — J. Samuel Brody, Sumter, S. C. — Authority to determine
operating power by direct measurement of antenna power.

WNBH — E. Anthony & Sons, Inc., New Bedford, Mass. — Author¬
ity to determine operating power by direct measurement of
antenna power.

WPER — Tropical Broadcasting Co., DeLand, F’la. — Modification
of construction permit (B3-P-2991 ) for a new station to
install a new transmitter, for approval of antenna and ap¬
proval of transmitter and studio sites at South Alabama
and Winnemissett Avenues, DeLand, Fla.

1370 Kilocycles

NEW — Natchez Radio Corporation. Natchez, Miss. — Construction
permit for a new station on 1370 kc. (Class IV), 250 watts,
unlimited time.

1380 Kilocycles

WNBC — State Broadcasting Corp., New Britain, Conn. — Modifica¬
tion of construction permit (Bl-P-2723) for changes in
equipment and increase in power (using DA day and night),
requesting authority to install a new transmitter and extend
commencement and completion dates from 12-29-40 and
6-29-41 to 60 days after grant and 180 days thereafter,
respectively.

1420 Kilocycles

NEW — The Gazette Company, Cedar Rapids, Iowa. — Construction
permit for new station, 1420 kc., 100 watts, unlimited time.
Amended to change frequency from 1420 kc. to 1550 lie.
(HillO kc. under North American Regional Broadcasting
Agreement), change power from 100 watts to 5 KW, change
type of requested transmitter, install directional antenna for
night use and make changes in corporate structure, and
change in transmitter site.

WKXE — Twin State Broadcasting Corp., Keene, N. H. — License
to cover construction [lermit (Bl-P-2413 as modified) for
move of transmitter and studio, new transmitter, increase
in power and directional antenna f{)r day and night use.

WKNE — Twin State Broadcasting Corp., Keene, N, H. — Authorit\'
to determine operating power by direct measurement of
antenna power.

38 — January 10, 1941

1440 Kilocycles

WCBA — Lehigh Valley Broadcasting Company, Allentown, Pa. — •
Construction permit to install new transmitter, install direc¬
tional antenna for day and night use, increase power from
500 watts to 5 KW. Amended to make changes in direc¬
tional antenna.

WSAN — Lehigh Valley Broadcasting Company, Allentown, Pa. —
Construction permit for new transmitter, directional an¬
tenna for day and night use, and increase in pow’er from 500
watts to 5 KW. Amended to make changes in directional
antenna.

1500 Kilocycles

WDBC — Delta Broadcasting Co., Escanaba, Mich. — Modification
of construction permit (B2-P-2854) for a new' station re¬
questing approval of vertical antenna, approval of studio
site at corner Ludington and First Streets, Escanaba, Mich¬
igan, and transmitter site at Sand Point, east of corner of
Ludington and First Street, Escanaba, Michigan, and install
a new transmitter.

WGIL — Galesburg Broadcasting Co., Galesburg, Ill. — Authority to
determine operating pow'er by direct measurement of an¬
tenna power.

KEYS — Earl C. Dunn and Charles W. Rossi, d/b as Neuces
Broadcasting Co., Corpus Christi, Texas. — Modification of
construction permit (B3-P-2931) for a new station, re¬
questing approval of transmitter site and antenna at Shell
Road, near Corpus Christi, Texas, and equipment changes.

KRNR — News-Review Co., Roseburg, Ore. — Authority to de¬
termine operating pow'er by direct measurement of antenna
power.

1530 Kilocycles

WBRY — American-Republican, Inc., Waterbury, Conn. — Modifi¬
cation of construction permit (Bl-P-2756) for new trans¬
mitter, changes in directional antenna for day and night
use and increase in power, requesting extension of com¬
mencement date from 12-22-40 to 1-22-41.

1550 Kilocycles

NEW — Orange Broadcasting Corp., Orange, Texas. — Construction
permit new station on 1550 kc., 1 KW, unlimited time.
Class HI. Amended: To give corrected geographic location
and exact specifications for vertical antenna.

FM APPLICATIONS

NEW — Mercer Broadcasting Co., Ewing Township, N. J. — Con¬
struction permit for new high frequency broadcast station,
frequency, 44700 kc. ; coverage, 3,700 square miles; popu¬
lation, 910,000. Amended: To change coverage from 3,700
to 3,200 square miles; population from 910,000 to 544,000
and install directional antenna.

NEW — Howitt-Wood Radio Co., Inc., Binghamton, N, Y. —
Consent to assignment of C. P. (Bl-PH-10) to Wylie B.
Jones, Advertising Agency.

NEW — Howitt-Wood Radio (To., Inc., Binghamton, N. Y. —
Modification of construction permit (Bl-PH-10) for ap¬
proval of transmitter and antenna, change coverage from
6,500 to 6,660 square miles, and population from 1,836,300
to 516,380.

NEW — The Journal Co. (The Milwaukee Journal), Milwaukee,
Wis. — Modification of construction permit (B4-PH-6) for
a new high frequency broadcast station, requesting change
in type of transmitter, and antenna changes.

NEW — Muzak Corp., New York, N. Y. — Construction permit for
new high frequency broadcast station. Frequency, 44.5
me.; coverage, central part of New York City. Amended:
Re: to give frequency as 44500 kc. and coverage as 4,490
square miles. Population: 10,546,481.

NEW — WOKO, Inc., Albany, N. Y. — Construction permit for new
high frequency broadcast station. Frequency, 45,100 kc. ;
coverage, 7,164 square miles; population, 922,163.

NEW — WBNS. Inc., Columbus, Ohio. — Modification of construc¬
tion permit (B2-PH-8) for a new high frequency broadcast
station, requesting change in type of transmitter.

NEW — WBNX Broaflcasting Co., Inc., New York, N. Y. — Con¬
struction permit for new frequency broadcast station. Fre¬
quency, 47500 kc. ; coverage, 8,730 square mites.

NEW — The Evening News Assn., Detroit, Mich. — Modification of
construction permit (B2-PH-21) for approval of trans-

mitter, antenna changes, and change population from
5,641,981 to 2,498,000.

NEW — Seaboard Radio Broadcasting Corp., Glenside, Pa. — Con¬
struction permit for new high frequency broadcast station.
Frequency, 48300 kt“. ; coverage, 9,600 square miles; popu¬
lation, 2,900,000.

MISCELLANEOUS

NEW — Lehigh Valley Broadcasting Co., Allentown, Pa. — Con¬
struction permit for new relay broadcast station. Frequen¬
cies, 1622, 2058, 2150, 2700 kt‘.: power, 3 watts; emis¬
sion, A3.

WGNB — WGN, Inc., Chicago, Ill. — License to cover construction
permit ( B4-PRE-347) , as modified for a new relay broad¬
cast station.

KAQW — Central States Broadcasting Co., area of Omaha, Nebr. —
Modification of construction permit (B4-PRY-209) , which
authorized a new relay station requesting extension of com¬
pletion date from December 18, 1940, to January 18, 1941.

KAQX — Central States Broadcasting Co., area of Omaha, Nebr. —
Modification of construction permit (B4-PRY-210) , which
authorized a new relay broadcast station requesting exten-
tion of completion date from December 18, 1940, to Jan¬
uary 18, 1941.

NEW — WOKO. Inc., Albany, N. Y. — Construction permit for new
relay station. Frequencies, 156750, 158100, 150300, 161100
kc.; power, 50 watts; emission, special for frequency modu¬
lation.

WAWT — Alabama Polytechnic Institute, University of Alabama
and Alabama College (Board of Control of Radio Broad¬
casting Station WAPI), area of Birmingham, Ala. — License
to cover construction permit (B3-PRY-211 ), which author¬
ized a new relay broadcast station.

FEDERAL TRADE
COMMISSION ACTION

COMPLAINTS

Federal Trade Commission has alleged unfair compe¬
tition against the following firms. The respondents will
be given an opportunity to show cause why cease and
desist orders should not be issued against them.

Consolidated Book Publishers, Iiie., Terminal Building,
Chicago, engaged in publishing and selling an encyclopedia known
as “Standard American Encyclopedia”, and a dictionary called
“Universal Dictionary of the English Language”, is charged in
a complaint with misrepresentation.

The complaint charges that in circulars and other advertise¬
ments distributed throughout the various States the respondent has
represented, concerning the encyclopedia:

“YOURS— ALMOST A GIFT

Through the .American Home Library Foundation
We Are Able to Offer

THE STANDARD AMERICAN
ENCYCLOPEDIA

Giant 13-Volume Home Reference Library . . .”

“15 HUGE BOOKS”

“ * * * EDITION LIMITED !***’>

,1: * * * * =1= ;)! >!: it: *

“A MILLION DOLLAR INVESTMENT

Was Required to Produce This Great New Home
Reference Work.”

^ ;{c il; :}c jjc t- * *

“WHY WE MAKE THIS OFFER

How can we afford to make this offer? Flow can we
give you the Standard American Encyclopedia, almost
as a gift ?

The answer is simple. The .American Home Library-
Foundation is dedicated by its sponsors to the glorious
task of placing within reach of every home in America
good books that for all too long have been the privilege
of only the wealthy. . . .”

In connection with the dictionary, the respondent is alleged to
have represented:

“EDITED AT OXFORD UNIVERSITY
by Henry Cecil Wyld
* * * %

The UNIVERSAL DICTIONARY is thoroughly new
throughout, NOT a revised, reprinted edition of an oldcr
publication. It contains all the newest additions to the
English language. It is printed from new plates, in mod¬
ern, easy-to-read form. It brin.gs you the definitions
or nearly 200,000 modern English werds and phrases,
with every definition newly written. . . .”

The complaint alleges that these representations are false and
misleading; that the price of the encyclopedia is not lower than
it would be but for the activities of the “American Home Library-
Foundation”; that the “American Home Library Foundation” is
not an organization dedicated to placing within the reach of every
home the said encyclopedia, but is a trade name used by the
respondent in conducting its business of selling the encyclopedia
for a profit; that the volumes composing the encyclopedia are
not huge, but of ordinary size; that the cost of reproduction
was not a million dollars, and that the supply of the encyclopedia
is not “limited”, and copies are available for all potential pur¬
chasers, and that the dictionary is not new, but is an identical
reprint of a 1932 edition by another publisher, except for a one
and one-half page preface, a nine-page appendix, and other
minor changes.

The complaint charges that neither Oxford FTniversity nor any
such educational institution sponsored or contributed in any way
to the publication of the dictionary. (4440)

I)e F'orest’s Trniniii};', Inc., 2333 North Ashland Ave., Chicago,
conducting a vocational school in television, radio and motion
picture sound equipment maintenance and manufacture, is charged
in a complaint with misrepresentation.

The complaint charges that in the conduct of its business and
for the purpose of promoting the sale of its course of instruction,
the respondent secures prospective students and purchasers of its
course by means of circulars and sales literature distributed in
commerce. In advertising matter supplied by the respondent and
distributed by its agents, there appear, among others, the com¬
plaint charges, the following statements:

“Sound, television, radio present world-wide opportu¬
nities. Television, a new branch of the Electronic field,
is developing rapidly, * * *. After a man is trained the
De Forest w--ay, he is ready to enter the Electronic Indus¬
try and really go places. Our employment service is
available to every enrollee no matter where he lives.
Through this service we have helped scores of men obtain
employment. Because we train our men w'ell, manufac¬
turers, dealers, and distributors are glad to consider our
advanced students and graduates. What we have done
for others we can do for you when you are properly
trained. Start your preparation now' so you can soon
take advantage of our employment service.”

The complaint charges that the respondent’s representations are
exaggerated, false and deceptive, and that the demand at the
present time for men trained in the television field is not large
enough to warrant the respondent’s representations that graduates
of the respondent’s school may he readily placed in positions in
the field. Moreover, the complaint continues, graduates of the
respondent’s school do not possess sufficient practical experience
to qualify as skilled employees or craftsmen in the radio and
television industry. (4441)

Gly-Cas MeiHciiie Company — Medora Whinrey, individually
and trading as Gly-Cas Medicine Company, and Robert B. Whin-

January 10, 1941 — 39

rcy, an individual, Muncie, Ind., engaged in the sale and distribu¬
tion of a medicinal preparation designated "Gly-Cas,” are charged
in a complaint with misrepresentation of their product.

The complaint charges that in advertisements disseminated in
commerce the respondents have represented that the preparation
is a cure or remedy for constipation, indigestion, gas bloated and
sour stomach, rheumatic, and neuritis pains, sore and aching
muscles, headaches, and other ailments therein named; that the
disorders and conditions mentioned are typical symptoms of con¬
stipation or faulty elimination; that the existence of one or more of
such symptoms indicates that constipation is the basic cause of such
disorders and conditions; that use of the preparation will com¬
pletely cleanse the system, remove toxic impurities and prevent in¬
vasion of intestional glands by bacteria, and that the product is
a body conditioner and purifier which will restore one to normal
health.

The complaint alleges that the respondents’ preparation will not
accomplish the results claimed; that the preparation has no thera¬
peutic value in the treatment of constipation in excess of tem¬
porary relief afforded by causing a partial evacuation of the
intestinal tract; that the disorders and conditions mentioned in
advertisements disseminated by the respondents as typical symp¬
toms of constipation or faulty elimination are not typical
symptoms of constipation or faulty elimination, but are often
caused by other systemic disorders, and when so caused the use
of the respondents’ preparation will have no therapeutic effect.
(4432)

Gordon Foods, liir. — Alleging use of lottery methods in the
sale of food products complaints have been issued against Gordon
Foods, Inc., and H. W. Lay & Company, Inc., both of -Atlanta.

The respondents, according to the complaint, sell to jobbers
and retail dealers certain assortments of nuts so packed and assem¬
bled as to involve the use of games of chance, gift enterprises or
lottery schemes, when sold to the consuming public.

Charging that the respondents’ practices have been of a sort
which are contrary to Federal Government public policy and
in violation of the criminal laws and the Federal Trade Com¬
mission .^ct, the complaints grant the respondents 20 days for
filing answer. (4438-4439)

Haskelite Manufacturing Coritoration. 208 West Washington
St., Chicago, which operates a factory in Grand Rapids, Mich.,
where it manufactures, among other products, wooden serving
and lap trays, together with products designated as “Hasko De
Luxe Buffet Trays” is charged in a complaint with misrepresenta¬
tion.

The complaint charges that the respondent, in offering its trays
for sale through advertisements in newspapers and other media,
has represented, among other things, that the “Hasko De Luxe
Buffet Trays” are “Hardwood with stimulated Walnut grained
surface”, “Made of attractive simulated Walnut grained hard¬
wood”, and “Selected wood construction . , . available in Walnut
or Mexican Copomo grains.”

Through these representations, the complaint charges, the re¬
spondent has repre.sented that the trays are manufactured of
hardwood, and are of selected wood construction, and that the
surface of the trays is composed of hardwood material finished
to simulate walnut or Mexican copomo grains. These representa¬
tions, the complaint continues, are false and misleading, as the
trays are composed of a core of poplar soft wood material cov¬
ered with a surface of paper which has been processed and printed
to resemble walnut or Mexican copomo wood grains in appearance.
(4442)

IJastiiig.s Maiiufactiiriiig ('onipany — A complaint has been
issued charging the Hastings Manufacturing Company, Hastings,
Mich., with violation of the F'ccleral Trade Commission and Rob-
inson-Patman Acts in the sale of piston rings and other replace¬
ment parts for use in motor vehicles.

The Commission at the same time dismissed without prejudice
a proceeding resulting from a complaint issued in F'ebruary, 1940,
alleging violation of the Federal Trade Commission Act. (4030)
The new complaint also charges the respondent with violation
of the F'ederal Trade Commission .'Vet through practices having
a tendency to create monopoly and unreasonabh' restrain manu¬
facturers of competitive products in disposing of their merchandise

40 — January 10, 1941

to jobbers and wholesale distributors of automotive parts and
equipment.

It is alleged that the respondent company, in attempting to sell
its products, either directly or on consignment, to jobber cus¬
tomers, as an inducement to prospective jobber customers to dis¬
continue handling and stocking products of the respondent’s
competitors and to sell the respondent’s products instead, engaged
in various methods and practices including arran.gements for taking
over and buying up the stocks of competitive products in the
hands of jobbers, making loans to jobber customers upon their
terminating business relations with competitive manufacturers and
taking over the respondent’s line of products, and making mis¬
leading representations concerning the efficacy of its “Steel Vent”
piston rings as compared with competitive products.

The new complaint alleges that in violation of the Robinson-
Patman Act the respondent discriminates in price between pur¬
chasers buying its commodities of like grade and quality in
interstate commerce, through granting to some of them conces¬
sions and monetary considerations which are not granted to other
of its purchasers.

The complaint alleges that in consideration of their taking on
the respondent’s line, some of the respondent’s customers, who have
not previously purchased its products, are given cash gifts often
ranging above $1,000, such donations not being granted to other
of the respondent’s customers.

In consideration of some customers taking on the respondent’s
line for the first time, the complaint continues, the respondent pays
them for the products of the respondent’s competitors then owned
by such customers, the payments being substantially in excess of
the value of the products. Other customers do not receive such
payments, according to the complaint. (4437)

G. Krueger Brewing Coniptniy, Newark, N. J., engaged in
brewing and distributing beer under the brand name “Ambassador
Beer”, is charged, in a complaint, with misrepresentation.

In advertisements disseminated in commerce, the complaint
charges, the respondent has represented: custom brewed beer

for cultured taste, -Ambassador is designed to meet the present day
demand for a lighter, milder, more delicately flavored beer. Only
the choicest barley malt and hops are used in brewing this dis¬
tinctly different product.”

Through use of these representations, the complaint continues,
the respondent has represented that its product is composed wholly
of barley malt and hops. In fact, the complaint continues, -Am¬
bassador Beer is not wholly composed of barley malt and hops,
but includes corn and other grains or cereals. (4434)

Mire Kope & Strand Manufaeturers Assoeiatioii, Inc.,

Washington. D. C., three of its officers, and 16 member companies
manufacturing about 95 per cent of the country's production of
wire rope, have been charged with unlawful agreement, combina¬
tion and conspiracy to eliminate competition, in a complaint.
Wire rope varies in size from airplane control wires to suspension
bridge cables. It is used in the operation of elevators, power
shovels and other heavy pulling and lifting equipment.

Respondent officers of the association are: Harry J. Leschen,
St. Louis, president; George S. Whyte, Kenosha, Wis., chairman
of the board; and George P. Lamb, Washington, executive
secretary.

Respondent manufacturer members of the association are:
-American Chain and Cable Company, Inc., New York; The Amer¬
ican Steel and Wire Company, Cleveland; The Bethlehem Steel
Company, Bethlehem, Pa.; Broderick & Bascom Rope Co., St.
Louis; (folumbia Steel Company, San Francisco; E. H. Edwards
Company, San Francisco; -A. Leschen & Sons Rope Company, St.
Louis; MaeWhyte Company, Kenosha, Wis.; Pacific Wire Rope
Co.. Los Angeles; Rochester Ropes, Inc.. Jamaica, Long Island,
N. AC; John -A. Roebling’s Sons Co., Trenton, N. J.; Union Wire
Rope Corp., Kansas City, Mo.; Upson-Walton Companv, Cleve¬
land; Wickwire Spencer Steel Company, New York; Wire Rope
Corporation of -America, Inc., New Haven, Conn, ; and Wire Rope
Manufacturing & Ivquipmcnt Company, Seattle.

Organized to meet the requirements of the National Industrial
Recovery .Act. the respondent association, according to the com¬
plaint. continued to function after that act was declared uncon¬
stitutional and is still in operation, the resirondents Leschen, Whvte
and Lamb controlling and directing its policies and activities. The
comirlaint alleges that to the extent that the respondent associa¬
tion members act coliusively and collectively in the pricing and

distribution of wire rope in the United States, they are in a position
to dominate and control the prices at which this product must be
purchased by distributors, dealers and users, including federal,
State and municipal agencies.

Pursuant to their agreement, combination and conspiracy, the
complaint alleges, the respondent association members, acting
between and among themselves, or through the association or its
three respondent officers, have fixed and maintained uniform de¬
livered prices, terms and conditions for the sale of wire rope in the
United States; continued, in effect, by agreement and concerted
action a uniform, delivered price-fixing formula adopted at the
time of their N.I.R.A. code, and have maintained a uniform
method of computing net delivered prices for wire rope sold by
them throughout the country.

The complaint further charges that pursuant to their agreement
the respondent manufacturers have maintained a system of delivered
prices which prevent the differences in the cost of freight delivery
between their respective places of business and those of intended
purchasers from creating any advantage or disadvantage to such
purchasers in delivery costs. This system of identical delivered
prices is based on so-called basing points whereby all delivered
prices are calculated as though shipments within a given area were
made from a single point or points to a common freight destination,
according to the complaint.

Pursuant to their combination and agreement, the respondents,
according to the complaint, divided the United States into basing
point areas so that purchasers in each area get the same delivered
price regardless of their distance from the manufacturer; required
distributors of their products to resell them according to the re¬
spondents’ price formula ; adopted a uniform basic and chain dis¬
count system; defined what constitutes a recognized distributor
and filed with the association the names of their distributors, and
included in a uniform contract entered into by all the respondent
members with their respective distributors, a provision forbidding
such distributors from selling any wire rope other than that made
by the particular respondent member with whom the distributor
had a distributing contract.

In order to carry out the agreements and the acts and practices
performed thereunder, the respondents, according to the complaint,
held meetings, supervised and investigated the fulfillment and
enforcement of the agreements, and coercively required recalcitrant
manufacturers, distributors and dealers to conform to the agree¬
ments. (4443)

STIPULATIONS

During the past week the Commission has entered into
the following stipulations:

Colorado ISedding Company — Four Denver, Colo., mattress
and bedding manufacturers have entered into stipulations to cease
and desist from certain representations in the sale of their products.

The respondents are: Colorado Bedding Company; Sam Moskin,
trading as Mountain States Mattress Manufacturing Company;
Kindel Bedding Company; and Abe D. Penn, trading as National
Bedding Company.

Each respondent agrees to cease designating, describing, or repre¬
senting its products which are made, either in whole or in part,
of used or second-hand material, to be products made of or con¬
taining all new material, and each agrees to cease and desist from
failing to clearly and unequivocally disclose that its products are
composed, either in whole or in part, as the case may be, of used
or second-hand material.

The Colorado Bedding Company also stipulates that it will cease
representing that its products are made in compliance with the
laws of Colorado or any other State, when in fact the products do
not conform to such laws, and the Kindel Bedding Company agrees
to cease representing that its products are made in compliance with
Colorado or other State laws or that the products are sterilized,
when in fact they are not made so as to conform to such laws
and have not been subjected to a sterilization process.

Sam Moskin, trading as Mountain States Mattress Manufactur¬
ing Company, and Abe D. Penn, trading as National Bedding
Company, agree to discontinue the use on or in connection with
their products of any false, fictitious or misleading price repre¬
sentation which purports to be the retail sales price of the products
but which, in fact, is in excess of the price for which such articles
are customarily sold. (3009-3010-301 1-3012)

Kindell Bedding Company — See Colorado Bedding Company.

Kranier-Brandeis, Ine., 1S9 Madison Ave., New York, en¬
gaged in the manufacture and sale of neckties and other men’s
wear, has entered into a stipulation in which it agrees to cease
and desist from use of the word “llama”, or the picturization of a
llama, either alone or in connection with any other word or words,
so as to imply to purchasers that its merchandise is composed either
in whole or in substantial part of llama wool or hair. (3013)

Mountain States Mattress Mfg. Company — See Colorado
Bedding Company.

Na-Pa Clieinical Company — D. R. Sterett and Margaret IT
Sterett, trading under the firm name of Na-Pa Chemical Company,
1108 South Broadway, Leavenworth, Kans., selling a drug product
designated “Na-Pa Balm”, have entered into a stipulation in
which they agree to cease representing that the product is a
competent treatment or an effective remedy for colds ; that it will
break up colds, or that it provides protection or insurance against
colds, will aid in their prevention, or do more than afford tem¬
porary relief from the symptoms and discomforts associated there¬
with. The respondents also agree to cease representing that the
product is a competent treatment or effective remedy for, or that
it will provide protection or insurance against, or aid in the pre¬
vention of, muscular aches and minor ailments, or do more than
afford temporary relief from the pains associated therewith ; that
the product penetrates; that it acts as a barrier to keep out cold
germs, or that it is a competent treatment or an effective remedy
for throat infections or sinus irritations, or v/ill aid in preventing
those conditions.

The respondents also agree that in making comparisons of the
absorbing pow’er of goose grease or any other ingredient contained
in the product, they will state the ingredient with which com¬
parison is made, and that no such comparison will be made unless
the statements are actually a fact. (02695)

National Bedding Company — See Colorado Bedding Company.

Snr-Kid Broduets Company — Chas. Denny, trading as Sur-Rid
Products Company, 455 Paul Brown Building, St. Louis, engaged
in selling a rat killing preparation designated “Sur-Rid Rat Killer”,
has stipulated to discontinue representing that he tests every lot
of the product, or that he guarantees the killing power of the
product, and further agrees to cease and desist from using the
term “Sur-Rid” or any other similar term or w'ords as a part of
the brand name of the product, or from otherwise representing
or implying that it is sure in action or that its use wall rid premises
of rats. (02694)

CEASE AND DESIST ORDERS

Commission has issued the following cease and desist
orders:

American Crayon Company, Sandusky, Ohio, and Binney and
Smith Company, 41 East 42nd St., New York, manufacturers of
crayons, chalk, paint sets, educational supplies and allied products,
have been ordered to cease and desist from violations of the
Robinson-Patman Act,

Commission findings are that the respondents sell their products
of like grade and quality to all customers at one list price from
which they allow" a 50 per cent trade discount to customers buying
solely in case lots, and that they grant to some customers further
varying discounts in addition to this trade discount.

The .American Crayon Company, according to findings, grants
in addition to the regular trade discount, discounts ranging from
5 to 10 per cent to some customers, and varying discounts ranging
from 15 per cent to 10 plus 10 per cent on certain sizes of “Prang”
tempera only.

Binney and Smith Company, according to findings, had allowed
additional 5 and to some customers 10 per cent discounts over

January 10, 1941 — 41

and above the regular trade discount, but, since issuance of the
Commission complaint in this proceeding, had discontinued the 5
per cent discount and allows to all its “competitive distributors”
a 10 per cent discount over and above the regular trade discount.

Commission findings are further that as compensation for mer¬
chandising, promotional and other selling services, percentage dis¬
counts or allowances have been granted by The American Crayon
Company to some of its “special or promotional distributors”, and
by the liinney and Smith Company to some of its “special or
promotional representatives”.

In some instances, the findings continue, this special compensa¬
tion has been granted without making it available on proportionally
equal terms to other customers competing with these special classes
of customers in the sale and distribution of the respondents’
proflucts of like grade and quality.

To some of their “special or promotional” customers, the re¬
spondents, according to findings, had granted a 10 per cent dis¬
count as compensation for carrying warehouse stocks and furnish¬
ing promotional and selling services and facilities, and a 5 per
cent discount to others of this class furnishing the same type but
less extensive services and facilities. However, the Binney and
Smitli Company, since issuance of the Commission complaint, has
discontinued the 5 per cent discount and grants a 10 per cent dis¬
count to all “special or promotional representatives” for carrying
warehouse stocks and furnishing selling services and facilities.

The findings point out that other customers not receiving any
compensation are able and willing to and in some instances do
furnish the respondents the same services and facilities as do the
“special or promotional” customers; that some of them have re¬
quested that they receive the special compensation, but that the
respondents have refused to grant it on proportionally equal terms.

The Commission orders direct that the respondents cease and
desist from selling their commodities of like grade and quality to
competing purchasers at uniform jirices and granting varying dis¬
counts therefrom in the manner and under the circumstances
found, and that they cease granting or allowing compensation to
any customers of an amount equal to 10 per cent or 5 per cent,
rcsncctively, of either respondent’s net billing prices of the products
sold by such customer, or any compensation to any customer, for
services or facilities furnished by or through such customer in
connection with the handling, sale or offering for sale of the re-
sirondent’s products, unless such payments arc made available on
proportionally equal terms to all buyers from the respondent who
are competitors of such customer. (4142-4143)

lEiill & IJjiekel, Inc., 241 37th St., Brooklyn, N. Y., engaged
in the distribution of a depilatory designated “X-Bazin,” has been
ordered to cease and desist from misrepresentation of its product.

The Commission finds the respondent has represented in adver¬
tisements, among other things, that “The special formula of
X-Bazin actually retards the growth of hair. When the regrowth
docs come, it is much softer and less conspicuous than before.
The skin is left smooth, soft and white. * =(= =1= Don’t Be an
Airedale. In the merciless slang of Hollywood, a girl with hair
on arms or legs is ‘an Airedale.’ That’s why film stars take hair
off and keep it off with X-Bazin, the safe, efficient, and reliable
hair remover. * * * No other process of removing unwanted hair
so successfully combines ease and thoroughness with perfect safety.”

d'lie Commission finds that the representations made by the
respondent with respect to the properties, naiure and effect of its
product when used are exaggerated, false and misleading, and that
the product is a common depilatory and does not differ in its
properties and effects from other chemical depilatories. In fact,
the findings continue, X-Bazin does not discourage the growth of
hair or delay its appearance for any material length of time, and
the hair is not appreciably slower in returning or regrowing than
it is following the use of other methods of hair removal.

The respondent is ordered to cease and desist from representing
that the product is not caustic or is in all cases entirely safe or
harmless; that the product discourages the growth of hair or
delays the appearance of hair for any substantial period of time,
or that the hair is appreciably slower in regrowing after use of
the respondent’s product than when the hair is shaved or other¬
wise removed; that the hair regrowing, after use of the respond¬
ent’s [iroduct, is softer or less coarse than the hair regrowing
after shaving; that the results obtained from the use of the
[iroduct differ essentialK' from the results obtained from the use
of other methods of hair removal; that the product permanenllv
i radicates liair; or that it has been endorsed or recommended by
scientists or jihysicians. (3389)

42 — January 10, 1941

Kongo Ciiemicitl ('oms)aii.v, Inc., 66 East 131st St., New York,
engaged in the manufacture and distribution of a cosmetic prep¬
aration known as “Kongolene”, intended for use on the hair, has
been ordered to cease and desist from certain misrepresentations.

In advertisements circulated through the United States mails and
in interstate commerce, the Commission finds the respondent has
represented that “Kongolene is a purely vegetable product. * * *
wall straighten the crirnpiest kind of hair, stops it from falling out,
promotes a luxuriant growth of healthy hair, removes dandruff
and keeps the hair soft and glossy * * *” “* * * it will benefit
you for generations to come, if you are homely, likewise will be
your offspring, if you are handsome, they wall be likewise” — all
of w'hich representations, the findings continue, are exaggerated,
false and misleading.

The respondent is ordered to cease and desist from disseminating
advertisements which represent that the preparation is a purely
vegetable product ; will permanently straighten the hair or con¬
tribute to the straightening of the hair in any way other than by-
softening the hair temporarily; wall prevent hair from falling out
or promote the growth of hair; will cure or permanently remove
dandruff; that the preparation is the greatest discovery of the age,
or that the use of the preparation will benefit the offspring of the
user ; that the preparation is safe or harmless ; or wdiich advertise¬
ment fails to reveal that use of the preparation may result in
severe caustic action upon the skin ancl scalp, wdth resulting
burns. (4193)

Pliiilp Morris & Co., ITd., Incorporated, New York, has been
ordered to cease and desist from a number of representations in the
sale of cigarettes in commerce.

Commission findings are that the respondent company, a Virginia
corporation, through the use of various legends, statements and
depictions on its containers, has induced many persons to purchase
its cigarettes in the belief that it is an English corporation holding
a warrant entitling it to display the British Royal Arms; that it
operates factories in London, Eng., Cairo, Egypt, Hamilton,
Canada, and Richmond, Va., and warehouses all over the w'orld;
that its “Philip Morris,” “English Ovals,” “Marlboro,” and
“Piayer’s Navy Cut” cigarettes are made in England and that its
“Player's Navy Cut” are the same cigarettes as those generally
and widely sold under that name in England.

According to Commission findings, the brands of cigarettes in¬
volved in this proceeding are made not in England, but in the
United States; the respondent holds no warrant entitling it to
display the British Royal Arms; it neither maintains w'archouses
in many parts of the world nor operates factories in Hamilton or
Cairo, but it does manufacture certain cigarettes in England
through its wholly owned subsidiary, Philip Morris & Company,
Limited.

Findings are further that the belief by customers that the re¬
spondent is an English corporation is attributable in part to the
substantially greater prominence given to the abbreviation “Ltd.”
in its corporate name as set forth on certain labels, as compared
to that given the w'ord “Incorporated” or its abbreviation “Inc.”
The effect of this under-emphasis, the findings continue, is enhanced
by the use of a device resembling the Royal ,4.rms and expressions
such as “English Blend,” “English Ovals,” “London W” and “By
Special .Appointment.”

The Commission further finds that the sale of the respondent
corporation’s American-made “Player’s Navy Cut” cigarettes in a
package closely resembling the package in w'hich its Englis'n-made
cigarettes of the same name are sold, has a tendency to engender
the belief that they are of English manufacture, in the absense of
an explicit disclosure of the actual country of manufacture.

The Commission finds that the phrase “Established over 80
Years” as used by the respondent is not without justification; that
although a number of English and American corporate entities
have intervened between Philip Morris, the founder, who con¬
ducted a toliacco business in London as early as 1846, and the
respondent, there has Iiecn an unbroken continuity in the commer¬
cial life of the enterprise.

The Commission order directs Philip Morris & Co.. Ltd., Incor¬
porated, to cease and desist from using the phrase “Lonrlon W”
or any other similar wording in connection with the advertising or
packaging of cigarettes not made in England, and from using the
word “English” or similar words to refer to the shape or blend
of cigarettes manufactured elsewhere than in Englanrl, unless in
immediate connection the place of manufacture is conspicuously
set forth.

The order also directs the respondent to cease using any depic-

tion or simulation of the British Royal Arms or the words “Special
Appointment” or “By special appointment,” and to desist from
use of the word “Limited” or its abbreviation “Ltd.” as part of
the respondent’s corporate name or in any other manner, unless
the word “Incorporated” or its abbreviation “Inc.” appears in
letters of the same size and boldness as do “Limited” or “Ltd.”

The order further directs the respondent to discontinue repre¬
senting that it operates factories or warehouses in any place in
which it does not operate them and to desist from using the name
“Player’s Navy Cut” as a designation of any cigarette not made in
England, unless in immediate connection with such name the coun¬
try of manufacture is set forth in letters of the same size or
conspicuousness as is the trade name “Player’s Navy Cut.” (386S)

Premium Candy Company — Two candy distributors in Fayette¬
ville, N. C., and one in Vincennes, Ind., have been served with
orders directing them to cease and desist from the use of lottery
methods in the sale of candy. The respondents are Joe L. Thomp¬
son, trading as Premium Candy Company, and Harry Yates,
trading as Cumberland Candy Company and Di.xie Candy Com¬
pany, both of Fayetteville, N. C., and Robert V. and Edward G.
Bierhaus, trading as E. Bierhaus & Sons, Vincennes, Ind.

The orders prohibit the respondents from selling or distributing
any merchandise so packed and assembled that its sale to the public
may be made by means of a lottery ; from supplying others with
assortments of merchandise, together with push or pull cards,
punch boards or other lottery devices, or separately, which devices
may be used in selling or distributing such merchandise to the
public ; and from selling or otherwise disposing of any merchandise
by means of a game of chance, gift enterprise, or lottery scheme.
(4287-4296-4377)

U. S. Drug & Sales Company — Edwin L. Leisenring, trading
as U. S. Drug & Sales Company, U. S. Drug Laboratories, and
U. S. Drug Company, and Gordon Leisenring, both of 1534 Law¬
rence St., Denver, Colo., engaged in the sale and distribution of
medicinal preparations including a drug preparation advertised
as “Alcoban”, represented as a treatment for alcoholism, have been
ordered to cease and desist from false advertising in connection
with the sale of such products.

The Commission finds that in advertisements in newspapers,
periodicals and other media, the respondents have represented that
“The Alcoban treatment is the result of years of work and experi¬
mentation by physicians, and represents the scientific method of
treating Alcoholism, as it was developed through the knowledge
of medicinal science, and a comprehensive understanding of the
cause of ‘drink’, and its results on the organs of the body.”
Through these and other statements, the findings continue, the
respondents have represented that the preparation is a competent
and effective treatment for alcoholism; that it removes the desire
for alcoholic stimulants, and that it is safe and harmless.

The preparation is not safe or harmless, according to the findings.

as it contains certain drugs in quantities sufficient to cause serious
injury to health if the preparation is used under the conditions
prescribed in the advertisements or under such conditions as are
customary or usual.

The respondents are ordered to cease and desist from disseminat¬
ing advertisements which represent that the preparation is a
competent or effective treatment for alcoholism; that it is safe
or harmless; that the preparation removes the desire for alcoholic
stimulants; or which advertisements fail to reveal that use of
the preparation may result in serious injury to the nerves, tissues
and lungs, and may produce toxic conditions in the body. (4364)

Walton Training Bureau — Milton S. Long, trading as Walton
Training Bureau, 121 Ellison St., Paterson, N. J., has been ordered
to cease and desist from misrepresentations in the sale of cor¬
respondence courses intended to prepare students for United States
Civil Service examinations.

Commission findings are that in advertising matter circulated in
various States, the respondent has represented or implied that
United States Government positions are immediately available;
that the respondent can obtain positions for students; that ex¬
aminations will be held frequently; and that the starting salaries
are greater than they are in fact. The Commission further finds
that these representations and other similar assertions made by
the respondent are misleading. Among positions which have been
advertised, according to the findings, are railway postal clerk, city
mail carrier, post office clerk, and rural mail carrier.

The order directs the respondent to cease and desist from rep¬
resenting: that Llnited States Government positions are immediately
available; that he can obtain positions for students or has any
control over, or is in a position to obtain, appointments to Federal
Government positions; that Civil Service examinations will be held
frequently; that the starting salaries for any position advertised
are greater than they are in fact; and that he obtains from the
United States Civil Service Commission information with respect
to examinations being held which is not available to students.
(4346)

FTC CASE CLOSED

The Federal Trade Commission has closed a case against Zis-
blatt Furniture Company, Inc., trading as Grand Rapids Furniture
Show Rooms, and Morris, Meyer, Sam and Lillian Zisblatt, and
A. Maccia, formerly of 4132 Park Ave., New York, without
prejudice to its right to resume proceedings, should future facts
so warrant.

The respondents had been charged in a Commission complaint
with the dissemination of misleading representations in the sale
of household furniture.

According to information received by the Commission, the re¬
spondent corporation has become bankrupt and is no longer en¬
gaged in business. Three of the individual respondents have no
permanent residences or places of business and their present
locations are unknown.

January 10, 1941 — 43

n

IlK..:' ^

c. . ■

1626 K STREET, N. W.

WASHINGTON, D. C.

Vol. 9, No. 3, January 1 7, 1941

NAB Convention May 12-15 In St. Louis

The NAB convention this year will be held May 12-15 at the New Jefferson Hotel
in St. Louis.

This centrally located spot, within easy access of every broadcaster in the country,
was finally selected this week by a committee consisting of Howard Lane, KFBK; Clifford
Chafey, WEEU, and Frank M. Russell, NBC. This committee was appointed and author¬
ized to make a final decision by the Board of Directors at its last meeting. The Board had
carefully considered every proposal advanced by members and others.

The date of the convention was advanced this year in answer to the sentiment ex¬
pressed by a great many members that it should not conflict with vacation season or the
start of the broadcast year.

The New Jefferson Hotel was found to be ideally equipped to handle the convention
and arrangements had been made with Carl Roessler, General Manager, to provide every
convenience to the delegates and their guests.

The St. Louis broadcasters presented a united front in supporting St. Louis’ invita¬
tion, and they have pledged their whole-hearted cooperation in their capacity as hosts.
Every sign indicates that this 1941 convention, centrally located as it will be, will mark
a high point in attendance.

In subsequent issues of the NAB REPORTS, complete details of the plans of the
convention will be given.

Meantime put those dates, May 12 to 15, on your calendar. They are going to be red
letter days for the radio broadcasting industry.

THE WEEK IN WASHINGTON

The BMI Board will hold its regular January meeting
in New York next Tuesday, January 21. BINII last week
had the top three tunes of the ten best sellers on coin
machines, (p. 46)

Twenty-seven stations were represented at the District
6 meeting January 13 in Nashville. Five more District
meetings were scheduled for January. The Research Com¬
mittee met January 10 in New York. (p. 47)

Future policy to govern the present Bureau of Radio
Advertising was discussed at length by the Sales Managers
Steering Committee meeting January 10 in New York. A
standard contract form, sent out last week, can be modi¬

fied when a contract is made between a station and a local
advertiser direct, (p. 48)

To speed the recruiting of students for intensive
training schools and engineering colleges, the United
States Department of Education is urging vocational-
educational officials to assemble data on labor needs and
the school’s plan to meet those needs. Station WMBD,
Peoria, claims the single stations remote record, (p. 48)

Several new bills affecting the broadcasting industry
were introduced this week in Congress, and the state legis¬
latures. (p. 48)

James Lawrence Fly, FCC Chairman, said at a press
conference he knew of no reason “for a substantial delay”
in FCC action on the “monopoly” report, (p. 49)

January 17, 1941 — 45

Neville Miller, President C. E. Arney, Jr., Assistant to President

Edward M. Kirby, Director of Public Relations ; Joseph L. Miller,
Director of Labor Relations : Paul F. Peter, Director of Research ;
Russell P. Place, Counsel; Lynne C. Smeby, Director of Engineering

BMI Developments

BMI BOARD MEETS

The BMI Board will hold its regular monthly meeting
next Tuesday, January 21, in New York City. Develop¬
ments in the music situation since the last meeting will be
discussed.

BMI FEATURE TUNES
January 20-27

1. HIGH ON A WINDY HILL

2. YOU WALK BY

3. HERE’S MY HEART

4. BUGLE WOOGIE

5. IT ALL COMES BACK TO ME NOW

6. MAY I NEVER LOVE AGAIN

7. I CAN’T REMEMBER TO FORGET

8. WISE OLD OWL

9. ACCIDENT’LY ON PURPOSE

10. KEEP AN EYE ON YOUR HEART

11. BECAUSE OF YOU

12. ALL I DESIRE

13. WALKIN’ BY THE RIVER

14. LET’S DREAM THIS ONE OUT

15. LITTLE SLEEPYHEAD

16. ANYWHERE

17. BREAKFAST FOR TWO

18. I LOOK AT YOU

For the first time in its short and eventful life, BMI had
the three top tunes of the ten best sellers on coin machines.
They were identical with the three tops of the Lucky
Strike Hit Parade — a number one, Frensi, number two.
There I Go, and number three, / Give ITt/ My Word. In
addition, I Hear .[ Rhapsody romped home as number
eight and So You're The One is listed as number four on
“Disks (laining Favor.” Frensi and There I Go in the
order named also lead the list of the fifteen best sheet
music sellers, while I Hear .1 Rhapsody, I Give You My

Word and So You’re The One were among those present
for the week ending January 14th. By the way, that week
was a record breaker in BMI sheet music sales which ex¬
ceeded 12 7,000, more than double the total for the previous
week. There I Go is leading and has rolled up about
130,000 to date.

KASSEL RESENTS ASCAP TACTICS

Art Kassel, well-known orchestra leader and composer
has submitted his resignation to ASCAP (American So¬
ciety of Composers, Authors and Publishers) with a request
for an unconditional release and ASCAP has refused.
Gene Buck, president of ASCAP, in a reply dated Decem¬
ber 18, 1940, wrote, “In the twenty-six years of our his¬
tory, we have never accepted a resignation from any of
our members, and if we complied with this request, we
would be creating a precedent.”

IMr. Kassel, who is the composer of “Doodle-Doo-Doo,”
“Hell’s Bells,” and “Around The Corner,” and has been a
member of ASCAP since 1925, declared;

“I resent the fact that .450.4? is trying to spread the feeling that
the band leaders are doing bad work. They ought not to try to
tear down our business because they have made a wreck of their
own.

“The demands which ASCAP made on broadcasters were equiva¬
lent to a declaration of war. If they were going to do that sort of
thing, they ought to have consulted the members and the rest of
the music industry. I am in one of the lower classifications in
ASCAP, but I wasn’t calling for larger payments from radio stations
to the Society.

Radio has been the great opportunity for dance bands. It has
given them a chance to be heard all over the country. There is no
doubt but what radio has made me. If it’s a question between
ASC.4P and the radio, I will take radio for what it’s done for me.

I hope that all the bands which are now at the top will think of the
matter in this light and will be willing to see that the other fellow
gets his chance too.

“What I like about the situation is that we now all have the
same chance. I used to get a song a week after it was recorded.
The .4SCAP houses gave preference to a few bands.”

.Asked whether he had aiiy difficulty in making up satis¬
factory programs without the use of ASCAP music, Mr.
Kassel said:

“None at all. I find that the music which is available outside of
ASCAP is perfectly adequate, and I resent some of the publicity
which has been issued by ASCAP on that matter. Mr, Buck has
been quoted as saying that the chains may as well tell the boys to
throw away their instruments. When he says that he is telling the
public that we are not going to be any good. Well, we are not in
a position to quit, and we don't need to anyway. Keep listening.
That is my plea to the public — keep listening.

“It seems to me that the great trouble with ASC.4P is that they
have taken their slogan ‘Justice for Genius’ too literally. We may
be dead before people know whether any particular writer is a
genius. They’ve kidded themselves all the way through. Justice
for work is something different, and that’s what we want. Most
successful songwriters are good craftsmen. They write to suit
situations. They can turn out good stuff on order. .4SCAP has
some good music. I wish that all music was available, ASCAP as
well as the rest, but .4SC.4P ought not to be in a position to dictate
as they have in the past. They ought to get down to earth and
represent the musical workmen, the little fellows as well as the
man with the big name, and forget the genius stuff.”

THEY LIKE OLD TUNES

.Among the many comments reaching the BAH offices on
the new music in the air, a surprising number e.xpress

46 — January 17, 1941

preference for the old tunes, both for the classics and those
associated with American tradition. Some excerpts from
letters and editorials follow;

“The new order of things has developed, too, an amazing in¬
genuity in arrangement. Almost daily over some station or other
the ‘Three Blind Mice’ in novel rhythmic attire scamper away from
the farmer's wife; Daisy is entreated in new tempo to ride a bicycle
for two, and even other songs of the seventies, eighties and nineties
appear in streamlined costumes a la mode. Thus the air is full of
never-ending delights and surprises. No one knows when he will
meet Dr. Foster going to Gloucester, not in a shower of rain, but
in a shining new car.

“Apart from all this, there is solid wholesomcness in the revival
of those appealing and mellow songs and instrumental selections that
have proved their right to live. Serenely they have held their
places in human hearts because they are of immortal stuff, because
of their laughter, because of their tears, because they are of the
texture of life.

“The younger generation, always in a vast hurry for something
new, had not been hearing enough of this music. Strangely, they
like it, because to them, it’s new. Soon they will like it because
they will come to realize that it is not merely music of today, but
of all times.”

Richmond Times-Dispatcii, 1.11.41.

“.As one of the vast radio audience in the United States, I wel¬
come the break with ASCAP. Now one can hear the music of the
old masters without the interminable ‘jazz,’ ‘swing,’ or what have
you,”

Murray C. Boyer.

“I have just listened to an half hour of old favorites and I enjoyed
the change.”

Gretchen Stanley,

“Contrary to the general expectation, we persons beyond the
thirties have enjoyed very much again hearing some of the fine older
tunes, with their soft melodies and their meaningful lyrics and the
expertness of the new arrangements.”

Marion P. Crawshaw.

“I have talked with many average radio listeners (and I am in
that category today) and almost without exception they express
themselves as ‘liking the music they get now.’ ”

George Siiackley.

“I want to say a w’ord in regard to the music that we have had
since the first of the year, and how much more soothing it is on
the nerves than so much of that fiery discord that has been played
so often.”

George B. Smith.

“Gratification was expressed the other night when Fred Waring’s
glee club offered ‘Just A Song At Tw’iiight.’ ‘They had been neglect¬
ing those good old melodies,’ said one Amarillo listener. ‘I got a
real thrill out of Waring’s program that night.’ ”

Wes Izz.ard, Amarillo News.

BMI ADDS 246 ORIGINALS

By constantly adding to its reservoir of popular tunes,
Broadcast Music, Inc., has made available for radio use
more than 227 original popular songs since Christmas.
Of the new numbers, forty-two were published by BMI
under its own imprint and the others are being cleared by
other publishers through BMI. AI. AI. Cole has made
available 102 new cowboy tunes and romantic ballads;
E. B. Alarks 43 popular tunes and twelve originals are
from the subsidiaries of Southern Alusic.

In addition BAII has acquired the performing rights
of the music published by Republic Alusic Corp. The
transaction calls for the immediate transference of some
20 numbers, many of which are identified with Sammy
Kaye, and for the publication of not less than 2 composi¬

tions each month for three years. BAII has also acquired
ten numbers and rights to future selections controlled by
the Alutual Alusic Society, Inc., publisher of Glenn Aliller’s
originals.

NAB

DISTRICT 6 MEETING

Twenty-seven stations were represented at the District
6 meeting Alonday, January 13, in Nashville. Although
the music situation was the primary subject of discussion,
numerous other industry problems were talked over.
Edwin \V. Craig, WSAI, district director, presided. Ed
Kirby represented the NAB and Carl Haverlin, BAII.
Those registered:

Fred Bugg, WDEF; J. T. Ward, WLAC; Jack M. Draughon, WSIX; Louis
R. Draughon, WSIX; S. A. Cisler, WGRC; Charles Lee Harris, WGRC; Fred
Ohl, KWKH-KTBS: F. C. Sowell, WLAC; Hugh 0. Potter, WOIMI; Earlee
Winger, WDOD; Henry Dupre. WWL; E. A. Alburty. WHBQ; Bill Reeves,
WHUB; M. L. iMedley. WHUB; G. E. Zimmern>an, KARK; Hugh M. Smith,
WAML; W. H. Summerville. WWL; Rayburn R. Rose. WLBJ; Joe Van
Sandt. WMSD; Jimmie Barry. KFPW; J. R. Pepper. WJPR; F. .A. Cavey,
WWL; Jess Swicegood, WKPT; L. M. Sepaugh, WSLI; Henry Frick, WJHL;
J. C. Liner. KMLB; Hoyt B. Wooten. WREC; Thomas J. Severin, WSGN ;
M. E. Butterfield. WJHL; Carl Haverlin. BMI; S. E. Adcock, WROL; Ed
Kirby, NAB; “Cy” Langlois, LANG-WORTH; Bob AIcRaney. WCBI; J. C.
Liner. Jr.. KMLB; John Cleghorn, WMC; Carter Parham. WD^D; H W.
Slavick, WMC; Air. AT E. Butterfull, WJHL; Edwin W. Craig, WSAI; Harry
Stone. WSAI; James C. Hanrahan. WAIPS.

DISTRICT MEETINGS SCHEDULED

Following is a list of District meetings now scheduled:

District 16 (Southern California, .Arizona, New Mexico), Friday,
January 17, .Ambassador Hotel, Los Angeles, California.

District 15 (Nevada, Northern California, Hawaii), Saturday,
January 18, St. Francis Hotel, San Francisco, California.

District 17 (Washington, Oregon, .Alaska), Wednesday, January
22, Heathman Hotel, Portland, Oregon.

District 10 (Iowa, Missouri, Nebraska), Saturday, January 25,
Fontenelle Hotel, Omaha, Nebraska.

District 14 (Colorado, LTtah, Idaho, Montana, Wyoming),
Monday, January 27, .Albany Hotel, Denver, Colorado.

RESEARCH COMMITTEE

The Research Committee meeting January 10 was held
at the Ritz Tower in New York City. Those in attend¬
ance tvere: William J. Scripps, Chairman, WWJ ; H. AT
Beville, Jr., NBC; Arthur B. Church, KAIBC; James D.
Shouse, WLW-WSAI; Frank N. Stanton, CBS; Theodore
C. Streibert, WOR-AIBS; J. W. Woodruff, Jr., WRBL.
Guests: Alessrs. .Allen and Walker of AIBS; Paul F. Peter,
ex officio. .Absent: Lee B. Wailes, KYW.

The Committee heard a progress report on the broad¬
cast advertising unit measurement and on the publication
of the P^rban Survey which is to be released shortly. The
Committee met at luncheon with the Sales Alanagers’
Committee and with representatives of the AN.A Coopera¬
tive Analysis of Broadcasting, Paul West, President of
.AN.A, Frederic Gamble, Executive Secretary of the .A.A.A.A,
Wells Wilbar of the General Alills Company, and A. W.

January 17, 1941 — 47

Lehman, Manager, Cooperative Analysis of Broadcasting.
Following the luncheon, Mr. Lehman presented and dis¬
cussed with the Research Committee the research method
employed by the CAB.

This presentation of research methods is the second
in a series heard by the Research Committee incident
to the preparation of a Research Manual on Audience
Measurement for station use.

1941 DUES CLASSIFICATION

Enclosed v.dth the regular monthly statement sent to all
N.AB members on January 1 v/as a 1941 dues classification
blank.

Under the By-Laws, each NAB member is recjuired to
tile this statement annually with the Secretary-Treasurer
indicating the amount of dues to be paid for the ensuing
year.

It will be greatly appreciated if this statement is exe¬
cuted and filed wdth N.\B Headquarters as soon as
possible.

Sales

SALES STEERING COMMITTEE

The Sales Managers Steering Committee which is in
reality the executive committee of the Sales Managers
group, met at the Ritz Tower, New- York, on Friday,
January 10.

In addition to Chairman E. Y. Flannigan, WSTD,
Toledo, Ohio, the follovring were present: Eugene Carr,
WGAR, Cleveland, Ohio; Charles Caley, \VMBD, Peoria,
Illinois; and Ellis Atteberry, KCKN, Kansas City, Kan¬
sas. William Way, vice president and general manager
of KVOO, Tulsa, Oklahoma, attended in place of Willard
Egolf. Craig Law'rence, KRNT, Des Moines, Iowa, was
prevented from being in attendance by reason of engage¬
ments in the midwest. Ed Kirby, Public Relations Direc¬
tor, and C. E. Arney, Jr., of the NAB staff, also attended.

A complete discussion of the future policy to govern
the present Bureau of Rarlio Advertising took place and
an interesting announcement respecting this whole matter
will shortly be made.

STANDARD CONTRACT FORM

We wish to clear up a msiunderstanding which has
come to our attention with reference to the application
of the w'ords “Less .Agency Commission (15% of Net
Station Time Charge):” appearing on the face of the
NAB recommended station facilities contract (NAB
Reports, January 10, 1941). When the contract is
made between the station and a local advertiser direct.

it is presumed that the station will “X” out such words
in accordance with the usual practice of paying such
commission only to recognized agencies. The form is
designed to be used in dealing either with agencies or
local advertisers, and thus obviate the necessity of print¬
ing two forms when one can serve both purposes.

Promotion

DEFENSE VOCATIONAL TRAINING

In order to speed the recruiting of students for intensive
training courses in vocational schools and engineering
colleges listed on pages 4880-4883 inclusive, of NAB
Reports, December 13, United States Department of
Education is urging vocational education officials to ( 1 )
assemble data on present and anticipated labor needs
in their region and ( 2 ) the schools’ plans to supply those
needs.

As soon as the data becomes available scientific direc¬
tion for training can be released in each individual com¬
munity. At the completion of new plants or additions
to present plants, graduates will have jobs, vital to
national defense, waiting for them. The vocational edu¬
cation defense training program will prepare new workers
for defense jobs and train those now employed for greater
responsibilities.

LONG DISTANCE REMOTES

The long distances w'hich broadcasting stations wnll
extend lines in order to serve listeners has been brought
out in recent issues of NAB Reports. WMBD, Peoria,
through C. Russell Ehresman, merchandising and promo¬
tion, herewith says his station tops the last published,
single station, remote long distance record. Claim is
based on pick ups from the Pacific coast.

Here is the whole story as related by Mr. Ehresman:

“For the past three years, WMBD has broadcast all of the
Bradley Tech basketball games regardless of where they were
played. The team’s travel has taken it from the east to west coast.

"This year, as in the past three years, we broadcast direct from
the University of California, at Los .Angeles, on December ,D,
1940, and were the only station in this area carrying the game.
Then, on January 3, 1941, WMBD broadcast by direct wire from
Berkeley the University of California-Bradley game. This also
was an exclusive coverage.

“Each year for the past three years we have broadcast direct
from Madison Square Garden the games Bradley Tech has played
with leading eastern teams. This coming Wednesday evening,
January IS, we will have a direct wire broadcast of the St. F’rancis-
Bradley Tech game being played at the Madison Square Garden,
New York City.”

DEFENSE JOBS

'Phe steady Hood of skilled workers which broadcast
stations are bringing to national defense jobs is one of
the bright spots in the employment situation. But careful

48 — January 17, 1941

checks in all sections of the country convince U. S. Civil
Service officials that there are thousands of qualified work¬
ers who have not yet been reached. They constitute a
vast untapped reservoir to be drawn upon by radio.

iNIonths in the future men taking apprenticeship courses
in Navy Yards will be added to the supply of mechanics.
All 45,000 U. S. Post Offices are currently displaying
two colored posters which set forth the urgent need for
skilled workers.

PROMOTION FOR CHILDREN

Not generally known until Major Edney Ridge of
WBIG mailed a copy, is the fact that the story of radio
was brought to vast numbers of school children through¬
out the land in “My Weekly Reader” for the week of
November 25-29, 1940. “I\Iy Weekly Reader,” widely
syndicated, is highly regarded by educators and children
alike. In simple language it told the whole story of
radio. Here it is:

“RADIO H.4S A BIRTHDAY

“The radio is 20 years old. It is having a big birthday party
from November 11 to 30.

“Many people are helping with the birthday party.

“They are singing over the radio. They are telling how radio
has grown in 20 years.

“Not many people had radios then. Not many people knew
about radios. Today people everywhere have radios. There are
radios in many schools.

“The radio brings news to people. It brings music, talks, and
plays. The radio helps many people. It helps in many ways.

“The radio helps people in cities. It helps people in the country.
It helps people in other countries.

“The radio helps policemen. It helps men working in forests.
The radio helps airplane pilots. It helps people on big ships. It
helps people everywhere. How does the radio help these people?

“Every year, the w'ork of the radio grow's and grows.

“Today some people have radios with television.

“Television is somewhat like moving pictures.

“People look into the radio. They see the people who sing and
talk over the radio.

“Some people get radio newspapers. Their radios put news on
paper.”

With three pictures the story occupied the entire second
page of the little newspaper. On the back page were eight
questions which tested the children’s understanding of
the radio birthday story.

NEW MEXICO LEGISLATION

A. R. Hebenstreit, KGGAI, Albuquerque, has accepted
an appointment as legislative contact man at the New
Mexico capital. (NAB Reports, p. 32.)

FEDERAL LEGISLATION

(New Bills)

HOUSE

H. R. 2074 (Bland, D., Va.) COMMUNTC.4TIONS ACT— To
amend section 3S3 (b) of the Communications .Act of 1934, as
amended. Referred to Committee on Merchant Marine and
Fisheries.

HOUSE RESOLUTION

H. Res. 51 (Wiggles WORTH. R,, Mass.) COMMUNTC.ATIONS
— Authorizing an investigation of the Federal Communications
Commission. Referred to Committee on Rules.

STATE LEGISLATION

Colorado:

S. 210 (Veltri) radio INTERFERENCE CONTROL— To
prohibit the maintenance, use, or operation of any devices which
create electrical interference with radio reception. Referred to
Committee on State Affairs and Public Lands.

S. 211 (Veltri) RADIO INTERFERENCE CONTROL— To
prohibit the maintenance, use, or operation of any devices which
create electrical interference with radio reception. Referred to
Committee on State Affairs and Public Lands.

S. 231 (Crowley) COPYRIGHTS — To aid in effectuating the
Federal Copyright Laws by removing certain monopolistic abuses
and activities practiced under guise of copyrights by price fixing
combinations, monopolies and pools. Referred to Committee on
State Affairs and Public Lands.

Massachusetts :

S. 126 (Pet. of McMahon) RADIO— ADVERTISING— ALCO¬
HOLIC BEVER.AGES — To prevent the advertising of the manu¬
facture or sale of alcoholic beverages by radio. Referred to Com¬
mittee on Constitutional Law.

S. 193 (Twombly) libel .AND SL.ANDER — Relative to actions
for libel and slander. Referred to Committee on Constitutional
Law.

New York:

A. 107 (Same as S. 122) (Reoux) EMPLOYMENT AGEN¬
CIES — Clarifies provisions relative to return of fees by employment
agencies. Referred to Committee on Judiciary.

S. 122 (Same as A. 107) (Feinberg) EMPLOYMENT AGEN¬
CIES — Clarifies provisions relative to return of fees by employment
agencies. Referred to Committee on General Laws.

FEDERAL COMMUNICATIONS
COMMISSION

FLY DISCUSSES MONOPOLY REPORT

Asked at a press conference early this week about the status of
the FCC’s monopoly report, James Lawrence Fly, Chairman, said
that it is under study by the Commission with a view to early
action.

Mr. Fly told the newsmen that he had informed the House
■Appropriations Committee “that it may come out next month.”
However, the Chairman stated that that was merely a general
observation “particularly since the Commission has a pretty heavy
schedule.” Asked if that meant the monopoly report might he
made in February, the Chairman said “it might be in January.”
He said he knows of no reason “for a substantial delay.”

' Mr. Fly in further discussion of the monopoly report said that
the Commission could do any one of three things: (1) It could
adopt the Committee report, (2) write an addition to it, or (3)
write an entirely new report.

Chairman Fly told the reporters that the members of the Com¬
mission are planning to witness demonstrations of new television
developments in the New York area on January 24 and 25. He
said he hoped that they would not have to go to Schenectady, and
had requested that the trip be consolidated as much as possible.

Discussing the progress of FM authorizations, the Chairman said
that there had been expeditious grants and a sizeable application
list.

January 17, 1941 — 49

NEW ASSISTANT TO CHAIRMAN

The FCC announced the appointment of Robert G.
Seaks of Harrisburg, Pa., as Assistant to the Chairman,
James Lawrence Fly.

From 1934 until the present time Mr. Seaks was a
member of the legal staff of the Tennessee Valley Au¬
thority, except for a period in 1936 and 1937 when he
did graduate work at Yale Law School.

Mr. Seaks was graduated from Gettysburg College in
1931, after being elected to Phi Beta Kappa. Three
years later he was first man in the graduating class at
Duke Law School. He was admitted to the bar in
Tennessee.

IMr. Seaks assumes his new duties today, filling the
vacancy caused by appointment of Nathan H. David
to the Commission’s legal staff.

FILING INFORMATION AT FCC

The FCC on January 14 amended its Rules governing the filing
of information, contracts, periodic reports, etc., as follows, effec¬
tive immediately:

Amended Sections 43.51 and 43.52 by adding thereto the follow¬
ing:

“Upon compliance with the requirements of this section by
one party to any such contract, agreement, or arrangement,
the filing of a statement in writing duly sworn to by the other
party or parties thereto identifying such contract, agreement,
or arrangement, and adopting the filing thereof, shall be re¬
garded as compliance with the requirements of this section
by such other party or parties.”

FCC RULE AMENDED

FCC on January 7 amended its Rules of Practice and Procedure,
Part I, as follows, effective immediately:

Amended Section 1.356 to read as follows:

"Sec. 1.356. Forfeiture of construction permits; extensions
of time. — (a) A construction permit shall be automatically
forfeited if the station is not ready for operation within the
time specified therein or within such further time as the Com¬
mission may have allowed for completion, and a notation of
the forfeiture of any construction permit under this provision
will be placed in the records of the Commission as of the
expiration date.

(b) Any application^ for extension of time within which
to construct a station shall be filed at least thirty days prior
to the expiration date of such permit if the facts supporting
such application for extension are known to the applicant in
time to permit such filing. In other cases such applications
will be accepted upon a showing satisfactory to the Commission
of sufficient reasons for filing within less than thirty days
prior to the expiration date. Such applications will be granted
upon a specific and detailed showing that the failure to com¬
plete was due to causes not under the control of the grantee,
or upon a specific and detailed showing of other matters suffi¬
cient to justify the extension.”

ENGINEERING CONFERENCE

A radio engineering conference convened here in execu¬
tive session January 14 to harmonize the action of the
radio administrations of Canada, Cuba, Dominican Re¬
public, Haiti, Mexico and the United States so that the
assignment of frequencies to broadcasting stations in the

' FCC Form No. 701.

50 — January 17, 1941

standard broadcast band will conform with the provisions
of the North American Regional Broadcasting agreement
signed at Havana on December 13, 1937. The provisions
of this convention will become effective on March 29.
The following representatives attended the conference:

Canada — Mr. Donald Manson ; Mr. J. W. Bain, Department
of Tranport; Mr. K. .4. Mackinnon; Mr. W. G. Richardson,
Canadian Broadcasting Corporation; Mr. Ronald Macdonnell,
Canadian Legation, Washington.

Cuba — Mr. Francisco Suarez Lopetequi; Guillermo Morales;
.“Mfonso Hernandez Cata; Armando Mencia, Director, Inter-
American Radio Office.

Dominican Republic — The Honorable Andres Pastoriza, Minister
of the Dominican Republic.

Haiti — The Honorable Elie Lescot, Minister of Haiti.

Mexico — Mr. Juan C. Buchanan; Mr. Salvador Tayabas.

United States — Department of State: Mr. Thomas Burke, Chief,
Division of International Communications; Mr. Francis Colt de
Wolf, Division of International Communications; Mr, Harvey B.
Otterman, Division of International Communications; Mr. Edward
Wailes, Division of European Affairs; Mr. Philip Bonsai, Acting
Chief, Division of the American Republics; Mr. Guillermo Suro,
Acting Chief, Central Translating Office. Federal Communica¬
tions Commission : Commander T. A. M. Craven, Commissioner;
Mr. E. K. Jett, Chief Engineer; Mr. ,4ndrew D. Ring, Assistant
Chief Engineer; Mr. Gerald C. Gross, Chief, International Divi¬
sion; Mr. Joseph L. Rauh, Jr., Assistant General Counsel.

FROM THE FCC MAIL BAG

Christmas has passed, but a Louisiana woman feels that many
children of the nation are disillusioned about “Santa Claus” as a
result of remarks made from time to time on the radio, and solicits
the aid of the FCC in this connection. But the Commission is
limited by statute from exercising power of censorship over radio
programs. Inasmuch as station licensees have the initial responsi¬
bility for the selection of program material and are interested in the
reaction of listeners to presentations, it is suggested that the woman
convey her comments to the management of the network which
carried the references to which she objects.

Because it has no authority to require broadcast stations to
produce specific programs, the Commission has referred to an
appropriate medium a suggestion and desire on the part of a uni¬
versity official to help develop programs to aid the national defense.

A New Yorker is advised that neither the Communications Act
nor Commission rules and regulations specifically prohibit a radio
announcer from repeating a story which appeared in a newspaper.
However, a copyright question may be involved.

.4 Washington correspondent inquires about reported limita¬
tions upon facsimile broadcasting of typewritten matter. He is
informed that facsimile broadcasting is provided for under Com¬
mission regulations and that there is no limitation of the type
mentioned. It is possible that he may have in mind facsimile
transmissions by point-to-point stations which might involve
questions of a communications character.

A law journal, which asks about Commission “pre-trial” pro¬
cedure, is informed:

In its regulation of communications by wire and radio under
the Communications .4ct of 1934, as amended, the Commission
has no regularly established “pre-trial procedure” which is
directed toward determining whether sufficient grounds exist
for filing a complaint against either the witnesses themselves
or those with whom they are connected, nor do its rules
provide for such procedure. The hearings held by the Com¬
mission in connection with its execution and enforcement of
the Act are either informal or formal as provided for in its
rules.

The Commission does apply pre-trial processes in the vary¬
ing situations with which it has to deal. .4s an example, in
a recent case information came into the possession of the Com¬
mission which, if founded on fact, would have properly

required a proceeding for revocation of a broadcast station
license. The Commission invited the witnesses as well as
representatives of the station involved to appear informally
for a conference with representatives of its Law Department.
The statements of the witnesses were summarized and reduced
to writing and later signed by them. Counsel were present
representing one group of witnesses and counsel representing
the station was invited to participate. In this instance no
question arose of incriminatory testimony.

The general conduct of hearings held by the Commission in
connection with its regulatory and licensing functions under
the Act is set forth in Sections 1.231 et seq. of its Rules of
Practice and Procedure. Under certain conditions, relevant
portions of affidavits or other recorded testimony derived
from such preliminary conferences or preliminary hearings
may be introduced in subsequent proceedings. Witnesses are
furnished with copies of their testimony or statements. The
Commission has never been engaged in litigation in which any
issues arose by reason of any such preliminary procedures.

MORE “FM” GRANTS

Three additional FM (frequency modulation) broadcast station
authorizations were announced January IS by the FCC, two for
Chicago and one for Pittsburgh. This makes about 30 such sta¬
tions approved by the Commission to date for full commercial
program service.

The Columbia Broadcasting System, Inc., has received a con¬
struction permit for a new high frequency station to serve the
four and one-half million residents of the 10,800-square-mile Chi¬
cago area on 46J00 kilocycles from a transmitter to be located at
1 North LaSalle Street, that city.

WJJD, Inc., Chicago, obtained a like permit to construct a
transmitter at 75 East Wacker Drive, the same city, to render
similar coverage on 44,700 kilocycles.

The third grant is to Westinghouse Radio Stations, Inc., Pitts¬
burgh, to operate on 47,500 kilocycles in serving a local area of
8,400 square miles with 2,100,000 population. The proposed trans¬
mitter site is approximately eight miles northeast of the center of
Pittsburgh.

At the same time the Commission, in response to several applica¬
tions and a number of inquiries regarding radio links to transmit
programs from the studio to the transmitter of high frequency
broadcast stations, paved the way for such short-distance relay
service for either FM or AM (amplitude modulation) on frequen¬
cies above 330,000 kilocycles. Appropriate rules specifying fre¬
quency allocation will be drafted to establish this service on an
experimental basis. No applications will be considered until such
rules are adopted. These link stations will be required to utilize
highly directive antennas for the one-direction transmission so as
to enable many stations throughout the nation to use the same
frequency.

FM STATION LIST

The FCC has made public the following complete list

of FM stations as of January 1 ;

Call

Fre¬

quency

Service

Area

(Square

Licensee and Location

Letters

(kc)

Miles)

Bamberger Broadcasting
Service, Inc.

Newark, New Jersey

T-New York, New York

W 71 NY

47,100

8,500
(C.P. only)

Baton Rouge Broadcasting
Co., Inc.

Baton Rouge, Louisiana

W 45 RG

44,500

8,100
(C.P. only)

Capitol Broadcasting
Company, Inc.
Schenectady, New York

W 47 A

44 , 700

6,589
(C.P. only)

T-New Scotland, New York

Fre¬

Service

Area

Call

quency

(Square

Licensee and Location

Letters

(kc)

Miles)

Evansville On the Air, Inc.
Evansville, Indiana

W 45 V

44,500

8,397
(C.P. only)

The Evening News

Association

Detroit, Michigan

W 45 D

44 , 500

6,820
(C.P. only)

William G. H. F'inch

New York, New York

W 55 NY

45 , 500

8,500
(C.P. only)

Frequency Broadcasting
Corporation

Brooklyn, New York

W 59 NY

45 , 900

8,500
(C.P. only)

General Electric Company
Schenectady, New York
T-New Scotland, New York

W 57 A

45 , 700

6,600
(C.P. only)

Howitt-Wood Radio Co., Inc.
Binghamton, New York

W49 BN

44,900

6,500
(C.P. only)

The Journal Company
(The Milwaukee Journal)
Milwaukee, Wisconsin
T-Hubertus, Town of Rich¬
field, Wise.

W 55 M

45,500

8,540
(C.P. only)

Don Lee Broadcasting System
Los Angeles, California

K 45 LA

44 , 500

6,944
(C.P. only)

Marcus Loew Booking

Agency

New York, New York
T-Cliffside Park, New Jersey

W 63 NY

46,300

8,500
(C.P. only)

Metropolitan Television, Inc.
New York, New York

W 75 NY

47,500

8,500
(C.P. only)

National Broadcasting
Company, Inc.

New York, New York

W 51 NY

45,100

8,500
(C.P. only)

National Broadcasting
Company, Inc.

Chicago, Illinois

W 63 C

46,300

10,800
(C.P. only)

The National Life and Acci¬
dent Insurance Company
Nashville, Tennessee

T-North of Franklin, Tenn.

W 47 NV

44,700

16,000
(C.P. only)

Radio Service Corporation
of Utah

Salt Lake City, Utah

K 47 SL

44,700

623

(C.P. only)

The Travelers Brdcstg.

Service Corp.

Hartford, Connecticut

W 53 H

45,300

6,100
(C.P. only)

Walker & Downing Radio
Corporation

Pittsburgh, Pennsylvania

W 47 P

44 , 700

8,400
(C.P. only)

WBNS, Incorporated
Columbus, Ohio

W 45 CM

44,500

12,400
(C.P. only)

WCAU Broadcasting
Company

Philadelphia, Pennsylvania

W 67 PH

46,700

9,300
(C.P. only)

WDRC, Incorporated
Hartford, Connecticut
T-Meriden, Connecticut

W 65 H

46,500

6,100
(C.P. only)

WGN, Inc.

Chicago, Illinois

W 59 C

45,900

10,800
(C.P. only)

The Yankee Network, Inc.
Boston, Massachusetts

T-Mt. Wash., Sargents
Purchase, N. H.

W 39 B

43 , 900

31,000
(C.P. only)

Zenith Radio Corporation
Chicago, Illinois

W 51 C

45,100

10,760
(C.P. only)

FCC FORM 324 APPROVED

The FCC has approved FCC Form 324 to be used by
the licensees of standard broadcast stations and others in
reporting their financial affairs for the year 1940 under
the provisions of Section 1.361.

January 17, 1941 — 51

FEDERAL COMMUNICATIONS
COMMISSION DOCKET

Following hearing is scheduled before the Commission
in a broadcast case for the week beginning Monday,
January 20. It is subject to change.

Wednesday, January 22

VVMBD — WMBD Broadcasting Co., Assignor, Peoria, Ill. — \'olun-
tary assignment of license of WMBD and portable-mobile
stations WAIN, WEKH, WPEO, and WEKI to Peoria
Broadcasting Co. (a Delaware corporation). Assignee. Op¬
erating on: WMBD — 144(1 kc., 1 KW night, S KW day,
unlimited. W.AIN — 1()32, 20;)8, 2150, 27!H) kf., emission
A-3, 25 watts night, 25 watts day; Sec. 4.24. WEKH —
1(522, 20 58, 2 150, 279 0 kc., emission A-3, 50 watts night,
50 watts dav; Sec. 4.24. WPEO— 38380, 35020, 37(520,
39820 kc., emission ,'\-3, 1 watt night, 1 watt dav; Sec. 4.24.
WEKI— 33380, 35020, 37(520, 39820 kc., emission A-3,
10 watts night, 10 watts day; Sec. 4.24.

FUTURE HEARINGS

During the past week the Commission has announced
the following future broadcast hearing. It is subject to
change.

February 25

WCNC — .'\ubrey G. McCabe and Trim W. .'^ydlett, d b as .'Mbc-
marle Broadcasting Company, .Assignor, and .Albemarle
Broadcasting Co., .Assignee, Elizabeth City, N. C. — \'olun-
tary assignment of license, 1370 kc., 250 watts, unlimited.

FEDERAL COMMUNICATIONS
COMMISSION ACTION

APPLICATIONS GRANTED

KGKO — KGKO Broadcasting Co., Fort Worth, Tex. — Granted
construction permit to make changes in directional antenna
and increase night power from 1 to 5 KW ; 570 kc., 5 KW
day (B3-P-2571 ) .

WIBC — Indiana Broadcasting Corp., Indianapolis, Ind. — Gianted
modiftcation of construction permit (B4-P-2886) to move
transmitter site from 59th Street and Hollingsworth Road,
near New' Augusta. Ind., to across Hollingsw'orth Road from
present site; install new transmitter; make changes in direc¬
tional antenna; and increase day power from 1 to 5KW;
1050 kc., non-dircctional, subject to approval of antenna
system (B4-MP-1 100) .

WBIR — J. W. Birdwell, Knoxville, Tenn. — Granterl modification
of construction permit for approval of transmitter and
studio site 1.6 miles w'est of business district of Knoxville;
approval of antenna and increase night pow'er from 100 to
250 watts; 1210 kc., 250 watts dav, unlimited time (B3-
MP-1084).

KTRH — KTRH Broadcasting Co., Houston, Tex. — Granted con¬
struction permit to install directional antenna for night use
and increase night power from I to 5 KW; 1290 kc., 5 KW
day, unlimited time (B.wP-2788).

WS.AV — .Arthur Lucas (Transferor), The several shareholders of
licensee (Transferee), WSAV, Inc. (Licensee), Savannah,
Ga. — Grantcfl relinc|uishment t)f control over WSA\’, Inc.,
by .Arthur Lucas, through the transfer by him of 32 of his
151 shares of common voting stock to E. E. Murrey, Sr.,
for a cash consideration of ^3,200; station operates on
1310 kc., 250 watts, unlimited time (B3-TC-247).

52 - January 17, 1941

WBKY — University of Kentucky, Beattyville, Ky. — Granted ap¬
plication for reinstatement of the construction permit for
non-commercial educational broadcast station WBKY (con¬
struction was not completed within the time provided for
in the permit, and the same automatically expired October
20, 1940), and change frequency from 41900 kc. to 42900 kc.
to comply with Section 4.137, as revised; 100 watts dav and
night, unlimited; using amplitude modulation at present
(B2-PED-17).

KGEI — General Electric Company, San Francisco, Calif. — Granted
construction permit to make changes in antenna system and to
move transmitter site from Treasure Island to near Belmont,
Calif., of international broadcast station KGEI; frequencies
(5190, 9530, 15330 kc., pow'er 20 KW day and night, sharing
time of operation with WGEA and WGEO on 6190 and
15330 kc. and with WGEO on 9530 kc. (B5-PIB-31).

NEW FM STATIONS GRANTED

WJJD, Inc., Chicago, Ill. — Granted construction permit for new
FM broadcast station to operate on 44700 kc., with a cover¬
age of 10,800 square miles, embracing 4,500,000 population
(B4-PH-17).

Columbia Broadcasting System, Inc., Chicago, Ill. — Granted con¬
struction permit for new FM broadcast station to operate
on 46700 kc., with a coverage of 10,800 square miles, em¬
bracing 4,500,000 population (B4-PH-57).

Westinghouse Radio Stations, Inc., Pittsburgh, Pa. — Granted con¬
struction permit for new FM broadcast station to operate
o'n 47500 kc., with a coverage of 8,400 square miles, em¬
bracing 2,100,000 population.

DESIGNATED FOR HEARING

KMLB — Liner’s Broadcasting Station, Inc., Monroe, La. — Appli¬
cation for construction permit to make changes in trans¬
mitter; move transmitter site from Milhaven Road, Monroe,
La., 4 miles north of center of city; change frequency from
1200 to 1410 kc. ; increase power from 250 w'atts to 1 KW ;
and install directional antenna for night use (B3-P-2939).

KNOE, Inc., Monroe, La. — Application for construction permit to
erect a new station to operate on 1420 kc., 250 watts, un¬
limited time, exact transmitter site and type of antenna to
be determined (B3-P-2887).

KTSM — Tri State Broadcasting Co., Inc., El Paso, Tex. — .Applica¬
tion for modification of license to increase power from 500
watts to 1 KW ; 1350 kc., unlimited time.

Edward E. Reeder, Seattle, Wash. — Application for construction
permit for new broadcast station to operate on 1420 kc..,
250 watts, unlimited time, exact transmitter site and type
of antenna to be determined (B3-P-2936).

Western Massachusetts Broadcasting Co., Pittsfield, Mass. — Ap¬
plication for construction permit for new broadcast station
to operate on 1500 kc., 100 watts, unlimited time (Bl-P-
2988).

MISCELLANEOUS

WS.Al — The Crosley Corp., Cincinnati, Ohio. — Granted modifica¬
tion of construction permit authorizing move of transmitter,
increase in power, etc., for extension of completion date to
July 15, '41 (B2-MP-1131 ).

KFXJ — Western Slope Broadcasting Co., Grand Junction, Colo. —
Granted authority to determine operating power by direct
measurement of antenna input (B5-Z-627).

WSLI — Standard Life Broadcasting Co., Jackson, Miss. — Granted
authority to determine operating power by direct measure¬
ment of antenna input (B3-Z-569).

KGB — Don Lee Broadcasting System, San Diego, Calif. — Granted
authority to determine operating power by direct measure¬
ment of antenna input (B5-Z-393).

KGKA^— L. L. Hilliard, Ruth K. Hilliard, & R. M. Stewart, d/b
as Hillard Company, Scottsbluff, Nebr, — Granted authority
to determine operating power by direct measurement of
antenna input (B4-Z-S24).

KIUP — San Juan Broadcasting Co., Durango, Colo. — Granted
authority to determine o|)erating power by direct measure¬
ment of antenna input (B5-Z-523 ).

KGKO — I'he Southwest Broadcasting Co. — Granted authority to
determine operating power by clirect measurement of antenna
input (B5-Z-620).

WHIO— Miami Valley Broadcasting Corp., Dayton, Ohio— Granted
modification of construction permit which authorized
changes in antenna and transmitting equipment, increase in
power and move of transmitter, for change in type of trans¬
mitter, move of transmitter, and extension of commence¬
ment date from December 29, 1940 to 10 days after grant
and extension of completion date from June 29, 1941 to 90
days after date of commencement (B2-MP-1116) .

VVPAT — ^North Jersey Broadcasting Co., Inc., Paterson, N. J. —
Granted modification of construction permit for approval
of antenna, equipment changes, and approval of studio site
and transmitter site; 900 U«‘., 1 KW, day (Bl-MP-1109) .

Columbia Broadcasting System, Inc. (area of Los Angeles, Calif.),
Portable-Mobile. — Granted construction permit for new
relay broadcast station, frequencies .33380, 3i)030, 37030,
39830 kc., 100 watts, A3 emission (B5-PRE-377) .

Paducah Broadcasting Co., Inc. (area of Hopkinsville, Ky), Mobile.
— Granted construction permit for new relay broadcast
station, frequencies 30830, 33740, 35830, 37980 ko., IS
watts, A3 emission (B2-PRE-376) .

WAUY — Evansville on the Air, Inc. (area of Evansville, Ind.),
Portable-Mobile. — Granted license to cover construction
permit which authorized construction of a new relay broad¬
cast station, frequencies 30830, 33740, 35830, 37980 kc.,
power 2 watts, A3 emission (B4-LRE-333).

KGBX — Springfield Broadcasting Co., Springfield, Mo. — Granted
modification of construction permit which authorized in¬
stallation of new transmitter, increase in power, and changes
in directional antenna for night use, for changes in equip¬
ment; 1330 kc., 5 KW, unlimited (B4-MP-1137) .

WNBH — E. Anthony & Sons, Inc., New Bedford, Mass. — Granted
license to cover construction permit authorizing installation
of new transmitter and vertical antenna, increase in power,
and move of transmitter; 1310 kc., 2S0 watts, unlimited
(Bl-L-1300).

WCMI — .\shland Broadcasting Co., Ashland, Ky. — Granted license
to cover construction permit which authorized installation
of new antenna and move of transmitter; 1310 kc., 250
watts, unlimited (B2-L-1306).

WGRM — P. K. Ewing, Greenwood, Miss. — Granted license to
cover construction permit which authorized installation of
new transmitter; 1310 kc., 250 watts, unlimited (B3-L-
1308).

WE.^F — National Broadcasting Co., Inc., New York, N. Y. —
Granted construction permit to make changes in auxiliary
transmitter and increase power from 30 to 50 KW; 600 kc.,
emergency use only (Bl-P-3058). Also granted license to
cover construction permit (B1-L-130S).

KENO — Geo, Penn Foster, Maxwell Kelch, and Calvert Chas.
Applegate, d 'b as Nevada Broadcasting Co,, Las Vegas,
Nev. — Granted license to cover construction permit which
authorized erection of a new broadcast station; 1370 kc.,
250 watts, unlimited (B5-L-1281). Also granted authority
to determine operating power by direct measurement of
antenna power (B3-Z-S77).

WGAN — Portland Broadcasting System, Inc., Portland, Maine. —
Granted license to cover construction permit which author¬
ized installation of new transmitter, changes in directional
antenna for night use, change of frequency and hours of
operation, and increase in power, to use directional antenna
day and night; 560 kc., 5 KW, unlimited (Bl-L-1304) . Also
granted authority to determine operating power by direct
measurement of antenna input (Bl-Z-626).

W2XCB — Columbia Broadcasting System, Inc. (area of New York
City), Portable-Mobile. — Granted modification of construc¬
tion permit which authorized new television relay station,
for extension of completion date from Januarv 7, 1941, to
July 7, 1941 (Bl-MPVB-30).

KFXD — Frank E. Hurt, Nampa, Idaho. — Granted authority to
determine operating power by direct measurement of antenna
input (BS-Z-61S).

W2XWV — .\llen B. DuMont Laboratories, Inc., New York City. —
Granted modification of construction permit for new tele¬
vision broadcast station, to extend completion date from
December 13, 1940, to February 13, 1941 (Bl-MPVB-3).

KSCJ — Perkins Bros. Co. (The Sioux City Journal), Sioux City,
Iowa. — Granted modification of construction permit which
authorized increase in power and installation of directional
antenna for night use, for extension of completion date from
January 28, 1941 to March 28. 1941 (B4-MP-1133).

KDFN — Donald Lewis Hathaway, Caspar, Wyoming. — Granted
license to cover construction permit which authorized in¬

crease in power to 1 KW and changes in equipment (B3-L-
1303).

WK.AT — A. Frank Katzentine, Miami Beach, Fla. — Granted license
to cover construction permit which authorized change of
frequency, increase in power, and installation of new trans¬
mitter and antenna; 1330 kc., 1 KW, unlimited (B3-L-
1265).

KTMS — News-Press Publishing Co., Santa Barbara, Calif. —
Granted license to cover construction permit which author¬
ized changes in equipment and increase in power, using
directional antenna day and night; 1330 kc., 1 KW, un¬
limited time, using directional antenna day and night (B5-
L-1291).

KRNT — Iowa Broadcasting Co., Des Moines, Iowa. — Granted
modification of construction permit which authorized move
of transmitter, installation of directional antenna for night
use, installation of new transmitter and increase in power,
for changes in equipment; 1330 kc., 5 KW, unlimited time,
directional antenna night (B4-MP-1134) .

KFEL — Eugene P. O’Fallon, Inc., Denver, Colo. — Granted modifi¬
cation of construction permit which authorized installation
of directional antenna for day and night use, new trans¬
mitter and increase in power, for move of transmitter;
930 kc., 5 KW, unlimited time, directional antenna day and
night (BS-MP-1128) .

KROD — Dorrance D. Roderick, El Paso, Tex. — Granted modifica¬
tion of construction permit which authorized change in
frequency from 1500 to 600 kc., increase in power from 250
watts to 500 watts night, 1 KW day, and installation of
new transmitter, for authority to change type of transmitter
and extend commencement and completion dates from Jan¬
uary 26, 1941, and July 26, 1941, to 30 davs after grant
and" 120 days thereafter, respectively ( B3-MP-1 135 ) .

WCZR — Zenith Radio Corp. (area of Chicago, Ill.), Portable-
Mobile. — Granted license to cover construction permit for
new relay broadcast station, frequencies 156750, 158400,
159300, iOllOO kc., power 100 watts, special emission (B4-
LRE-337).

WlXPW — WDRC, Inc,, Hartford, Conn. — Granted special tem¬
porary authority to operate a high frequency experimental
broadcast station on 46500 kc., 1000 watts power, special
emission, in order to rebroadcast high frequency broadcast
station WlXOJ, with the transmitter located at Meriden,
Conn., and described as Composite, Type FMl, maximum
rated carrier power 1000 watts, for period January 8, 1941,
to not later than March 1, 1941,

WMBI — The Moody Bible Inst, of Chicago, Chicago, Ill. — Granted
motion for continuance of hearing on application for modi¬
fication of license to use hours now being used by WCBD
when that station is assigned a different frequency, for a
period of 30 days.

WC.4M — City of Camden, Camden, N. J.; WCAP — Radio Indus¬
tries Broadcast Co., Ashury Park, N. J.; WTNJ — WO.\X,
Inc., Trenton, N. J. — Granted motion for continuance of
hearing on applications for renewal of licenses of WC.^M,
WCAP and WTNJ, now scheduled for January 29 to March
10. The Commission on its own motion consolidated the
hearing on the above renewal applications with applications
of Trent Broadcast Corp, for a new station and application
of WTNJ for construction permit to change frequency to
1330 kf., and increase time of operation.

Mack Radio Sales Company — Dismissed without prejudice petition
to intervene in the hearing on applications for renewal of
license of WCAM, WCAP and WTNJ.

Fred Jones Broadcasting Co., Tulsa, Okla. — Granted petition for
leave to amend application for new station with regard to
directional antenna; 690 kc., 50 KW, unlimited time.

Paducah Broadcasting Co., Inc., Clarksville, Tenn. — Granted mo¬
tion for order to take depositions in re application for new
station to operate on 1370 kc., 250 watts, unlimited time.

South Jersey Broadcasting Co., Vineland, N. J. — Dismissed with¬
out prejudice petition to intervene in the hearing on appli¬
cation of WTEL, Philadelphia, Pa., for construction permit
to change frequency from 1310 to 1500 kc., increase power
from 100 to 250 watts, and hours of operation to un¬
limited.

WSAY — Brown Radio Service & Laboratory, Rochester, N. Y.;
Edward J. Doyle, Rochester, N. Y. — Granted motion for
continuance of hearing on application of WS.‘\Y only, from
January 27 to a date not before February 27, 1941, in re
application to change frequency from 131(1 to 1340 kc.,
increase power from 250 watts to 1 KW, unlimited time, DA.

January 17, 1941 — 53

William H. Amesbury, Minneapolis, Minn. — Granted motion for
continuance of hearing and for Waiver of Rule 1.2S4, now
scheduled for January 17 for a period of 30 days, on ap¬
plication for new station to operate on 630 kc., 1 KW, un¬
limited time; DA night and day.

K\’AN — \'ancouver Radio Corp., X'ancouver, Wash. — Granted
special temporary authority to operate simultaneously with
KLX from 7;45 to 9;4S p. m., PST, January 11 and 24, in
order to broadcast basketball games of the local High School
Conference only; and from 7 to 9 p. m., PST, January 22,
in order to broadcast .Annual .''kward to the Senior and
Junior First Citizens of the city of Vancouver.

WMRO — Martin R. O’Brien, Aurora, Ill. — Granted special tem-
irorary authority to operate from local sunset (January 4:45
p. m., CST) to 11 p. m., CST, on January 17, 18, 21, 24 and
.U, in order to broadcast basketball games only.

K.4XZ — United .Air Lines Transport Corp., c/'o Aeronautical Radio
Inc., Washington, D. C. — Granted special temporary au¬
thority to operate already licensed aircraft radio transmitter
aboard plane owned by United Air Lines Transport Corp.,
call letters, KHAZT, as a relay broadcast station, on fre¬
quency 3790 kc., to relay from plane to station KGO
broadcast program in connection with dedication of new
airlines consolidated terminal in New York City from 4 to
8 p. m., PST, on January 8, to the NBC Blue Network.

W2XWV — -Allen B. DuMont Labs., Inc., New York City. —
Granted extension of special temporary authority to operate
a SO- watt television transmitter on 60()00-86(MI() kc. at SlS
Madison Ave., N. Y., for the period January 9 to February
7, in order to conduct field tests.

KO.A — National Broadcasting Co., Inc., Denver, Colo. — Granted
special temporary authority to rebroadcast an interview of
a U. S. .Army pilot by an NBC announcer from 1:30 to 2
p. m., MST, on January 11, 1941 as a part of the “March
of Dimes” special feature program transmitted from the
airplane to be over an Army transmitter to be received by
a special NBC receiving station located on top of a building
at 1625 California St., Denver, Colo.

Harold R. Deal, Tide Water .Asso. Oil Co., San Francisco, Calif. —
■Affirmed action taken by Commissioner Case on January 6,
denying application of KWWJ Broadcast Co., Inc., Portland,
Ore., for special temporary authority to operate night hours
on 1040 kc., for basketball games on certain dates in
January.

WPER — Tropical Broadcasting Co., DeLand, Fla. — Granted modi¬
fication of construction permit which authorized a new
broadcast station, for approval of antenna, install new
transmitter and approval of transmitter and studio sites;
1310 kc., 250 watts, unlimited time.

W.API — -Alabama Polytechnic Institute, University of Alabama and
-Alabama College (Board of Control of Station W.API),
Birmingham, .Ala. — Continued hearing now scheduled for
January 10, 1941, until January 29, 1941, in re application
for renewal of license of Station W.API (Docket No. 5821).

KRMC — Roberts MacNab Co. (a partnership consisting of Arthur
L. Roberts, R. B. MacNab and .A. J. Breitbach), Jamestown,
N. Dak. — Granted petition of Jamestown Broadcasting
Company for reconsideration and grant without hearing
the application for assignment of license of Station KRMC
from Roberts MacNab Co. to Jamestown Broadcasting
Co. (B4-.AL-276).

WMMN — Monongahela Valley Broarlcasting Co., F'airmont, W.
Va. — Upon consideration of petition for rehearing filed by
Purdue University (WB.AA), W. Lafayette, Inc., the Com¬
mission modified its grant of October 22, 1940, of the
application of Monongahela Valley Broadcasting Co.
(WMMN) for construction permit to make changes in
directional antenna for nighttime use and to increase power
output from 1 KW night, 5 KW day, to 5 KW unlimited
time on frequency 89(1 kc., so as to make such grant
conditional upon the applicant obtaining from the Com¬
mission specific aporoval of a directive antenna which will
enable Station WMMN to serve the F'airmont, W. Va.,
area, and at the same time will not cause a single limitation
to Station WB.A.A greater than 4.7 mv, m.

Earle C. -Anthony. Inc.. Hughes Productions Division of Hughes
Tool Co.. Columbia Broadcasting System, Inc. — Grantetl
(1) motion to dismiss petitions for rehearing filed December
6, 1940, by Columbia Broadcasting System, Inc., directed
against the action of the Commission <if November 15,
1940, granting the a|.iplication of Earle C, .Anthony, Inc.,
for construction permit for television station in Los Angeles

54 — January 17, 1941

to operate on television channel No. 6, and making final its
conditional grant of June 18, 1940, of application of Hughes
Productions Div. of Hughes Tool Co. for construction permit
for television broadcast station in Los Angeles to operate
on television channel No. 2 instead of channel No. 3 as
requested, and (2) to withdraw request filed December 6,
1940, by Columbia Broadcasting System, Inc., for hearing
on its own application for construction permit for television
broadcast station in Los Angeles to operate on television
channel No. 3 instead of channel No. 8 as granted by the
Commission November 15, 1940,

The Commission has announced the following action:

WMBD — WMBD Broadcasting Co., Peoria, Ill.; WEKI — Portable
mobile; WPEO — Portable mobile; WEXH — Portable mo¬
bile; W.AIN — Portable mobile. — Granted petition to recon¬
sider and grant without hearing the application for assign¬
ment of license of Broadcast Station WMBD and four asso¬
ciated relay stations from WMBD Broadcasting Co. to
Peoria Broadcasting Company; dismissed motion to strike
the second issue upon which said application was scheduled
to be heard; set aside Commission action in designating
said application for hearing; and granting the application
as requested.

APPLICATIONS FILED AT FCC

550 Kilocycles

WSV.A — Shenandoah Valley Broadcasting Corporation, Harrison¬
burg, Va. — Modification of construction permit (B2-P-2S78)
as modified, requesting extension of required date of com¬
pletion from January 28, 1941 to July 28, 1941.

KOY — Salt River Valley Broadcasting Co., Phoenix, -Ariz. — Con¬
struction permit to install a new transmitter and increase
power from 1 KW to 1 KW, 5 KW, local sunset.

590 Kilocycles

WKZO — WKZO, Incorporated, Kalamazoo, Mich. — Construction
permit to increase power from 1 KW to 1 KW, 5 KW,
local sunset and install new transmitter (using directional
antenna night). -Amended: To change' type of requested
transmitter, make changes in directional antenna for night
use and change requested power from 1 KW, 5 KW, local
sunset, to 5 KW day and night.

610 Kilocycles

KFAR — Midnight Sun Broadcasting Co., Fairbanks, Alaska.- — •
-Authority to determine operating power by direct measure¬
ment.

620 Kilocycles

WROL — Stuart Broadcasting Corp., Knoxville, Tenn, — License to
cover construction permit (B3-P-2435) for a new trans¬
mitter, and directional antenna for night use, increase in
power, change in frequency and move,

WROL — Stuart Broadcasting Corp., Knoxville, Tenn. — .Authority
to determine operating power by direct measurement of
antenna power.

880 Kilocycles

WJHL — WJHL, Incorporated, Johnson City, Tenn, — License to
cover construction permit (B3-P-2656) as modified, for
equipment changes, installation of D. A. for night use,
increase in power, change in frequency and move of trans¬
mitter.

WJHL — WJHL, Incorporated, Johnson City, Tenn, — Authority to
determine operating power by direct measurement.

1200 Kilocycles

WENY — Elmira Star Gazette, Inc., Elmira, N. Y. — Construction
permit to install new transmitter, directional antenna for
dav and night use, change in frequenev from 1200 to 590
kc., increase power from 250 watts to IKW.

1210 Kilocycles

KGY — KG A'", Inc., Olympia, Wash. — Construction permit to in¬
stall new vertical antenna and change hours of operation

from unlimited time except when KTW is operating to
unlimited time.

1300 Kilocycles

KFH — Radio Station KFH Co., Wichita, Kans. — Modification of
construction permit (B4-P-2462) as modified for new trans¬
mitter, increase in power, move of transmitter, installation
of directional antenna for night use, requesting extension of
completion date from February 18, 1941 to July 18, 1941.

NEW — Findlay Radio Co., Findlay, Ohio. — Construction permit
for new station on 1430 ko., 250 watts, unlimited operation.
Class IV station. Amended: To request 1800 kc., daytime
operation.

1310 Kilocycles

WCMI — .Vshland Broadcasting Co., Ashland, Ky. — .Authority to
determine operating power by direct measurement of an¬
tenna power.

WFHR — William F. Huffman, Vfisconsin Rapids, Wise. — Modifica¬
tion of license to increase power from 100 watts 250 watts
Local Sunset to 250 watts day and night.

1340 Kilocycles

NEW — Hawaiian Broadcasting System, Ltd., Honolulu, Territory
of Hawaii. — Construction permit for a new station on
1840 ko. (under North .American Regional agreement),
250 watts. LTnlimited time. Transmitter and studio sites:
1129 Kapiolani Boulevard. Honolulu, Territory of Hawaii.
Amended: To change requested frequency from 1840 kc.
under North American Regional .Agreement to 1810 kc.
(1340 kc. under North American Regional .Agreement) and
change type of requested transmitter.

NEW — John and Marcia Arrington, d/b as Arrington & .Arrington,
Covington, Va. — Construction permit for new station: 1810
kc. (1840 under North American Regional Agreement),
250 watts, unlimited time. Studio and transmitter to be
determined, Covington, Virginia.

1360 Kilocycles

WQBC — Delta Broadcasting Co., Inc., \’icksburg. Miss. — Modifi¬
cation of construction permit (B3-P-3000) for changes in
equipment, requesting further changes in equipment, change
hours of operating from daytime to unlimited time using
500 watts night, 1 KW daytime, and extend commencement
and completion dates from February 5, 1941 and .Vugust
5, 1941 to 10 days after grant and 30 days thereafter, re¬
spectively. Facilities of VVTJS.

1370 Kilocycles

KVRS — Wyoming Broadcasting Co., Rock Springs, Wyo. — .Au¬
thority to install automatic frequency control equipment.

NEW — Greensboro Broadcasting Co., Inc., Greensboro, N. C. —
Construction permit for new station on 1870 ko., 100
watts, unlimited time. Studio and transmitter site to be
located at Greensboro, North Carolina. .Amended: Request
IS.AO kc.. Class IV, 250 w'atts, day operation only, contingent
on WAIR going to new frequency. Antenna changes.

NEW — Macon Telegraph Publishing Co.. Macon. Ga. — Construc¬
tion permit for a new station on 1870 kc., 250 watts,
unlimited time. Transmitter site to be determined, in or
near Macon, Georgia. Studio site to be determined, Macon,
Georgia. Antenna to be determined. Amended: To change
applicant from Martin .Anderson (individual) to Macon
Telegraph Publishing Co. (a corporation).

WDEF — Joe W. Engle, Chattanooga, Tenn. — License to cover con¬
struction permit (B3-P-2483) as modified for a new' station.

WDEF — Joe W. Engel, Chattanooga, Tenn. — .Authority to deter¬
mine operating power by direct measurement of antenna
power.

NEW — Roy G. Terry, trading as Terry Broadcasting Company,
Tyler, Tex. — Construction permit for a new station to be
operated on 1370 kc., 250 watts, unlimited time. Class IV.

WD.AS — WD.AS Broadcasting Station, Inc., Philadelphia, Penn. —
.Authority to determine operating pow'er by direct measure¬
ment of antenna power.

1390 Kilocycles

NEW — Vermont Radio Corporation, Inc., St. Albans, Vt. — Con¬
struction permit for a new broadcast station to be operated
on 1800 kc., 1 KW, daytime operation. Requests facilities
of WQDM.

1420 Kilocycles

WKMO — Kokomo Broadcasting Corp., Kokomo, Ind. — Modifica¬
tion of construction permit (B4-P-2842) for a new station,
requesting approval of vertical antenna, approval of trans¬
mitter site at Southeast Corner Morgan and Ohio Streets,
Kokomo, Indiana, and install a new transmitter.

NEW — Chattahoochee Broadcasting Co., Columbus, Ga. — Con¬
struction permit for a new station on 1430 kc. (Class IV
station), 250 watts, unlimited time. Transmitter site
to be determined, Columbus, Georgia. Studio site, corner of
Eront and 13th Streets, Columbus, Georgia. Amended: To
change applicant from Arthur Lucas and Wm. K. Jenkins,
d b as Chattahoochee Broadcasting Co. (a partnership) to
Chattahoochee Broadcasting Company (a corporation).

1460 Kilocycles

KSTP — KSTP, Inc., St. Paul, Minn. — Modification of license to
make changes in directional antenna.

1500 Kilocycles

WERC — Presque Isle Broadcasting Co., Erie, Penn. — Modification
of construction permit (B2-P-2251 ) as modified, for a new
station, requesting installation of new type transmitter, and
extend commencement dates from January 28, 1941, and
July 28, 1941, to 60 days after grant and 180 days there¬
after respectively.

WMRN — The Marion Broadcasting Co., Marion, O. — License to
cover construction permit (B2-P-2862 as modified) for new
broadcast station.

WMRN — The Marion Broadcasting Co., Marion, O. — Authority
to determine operating power by direct measurement of an¬
tenna power.

FM APPLICATION

NEW — Erequency Broadcasting Corp.. Brooklyn, N. Y. — Modifi¬
cation of construction permit (Bl-PH-47) for a new high
frequency broadcast station, requesting approval of trans¬
mitter, and change population from 11,900,000 to 11,000,000.
(W.E. 506-Al, Maximum 10 kilow'atts).

TELEVISION APPLICATION

W9XMJ — The Journal Company (The Milwauke Journal), Mil¬
waukee. Wise. — Modification of construction permit (B4-
PVB-20, which authorized a new television station) request¬
ing approval of transmitter site and antenna: 720 East Capi¬
tol Drive, Milwaukee, Wise.

MISCELLANEOUS

WBOS — Westinghouse Electric & Manufacturing Co., Pittsburgh,
Penn. — Modification of construction permit (Bl-PIB-23,
which authorized move of station from Pittsburgh, Penn.,
to Hull, Mass., increase power to 50 kilowatts and changes
in equipment) requesting extension of completion from Janu¬
ary 7, 1941, to June 7, 1941.

WEIX — Memphis Publishing Co., Portable-Mobile — Construction
permit to increase power from 5 watts to 22 watts and in¬
stall new transmitter (already constructed under B3-PRE-352
by former owners).

WEIX — Memphis Publishing Co., Portable-Mobile — License to
cover construction permit.

NEW — WHP. Inc., .Area of Harrisburg, Pa. — Construction permit
for new relay station. Frequencies: 8888(1, 35030. 87(i30,
80830 ke. Power: 25 watts. Emission: .A3. Location:
Portable-Mobile. .Area of Harrisburg, Pennsylvania.

KRLM — Royal Miller, .Area of Sacramento, Calif. — Construction
jjermit to change frequencies from 80830, 88740, 85830,
87980 to l(i33, 2058, 3150, 3790, increase power from 10
watts to 50 watts and make changes in equipment.

January 17, 1941 — 55

FEDERAL TRADE
COMMiSSION ACTION

COMPLAINTS

Federal Trade Commission has alleged unfair com¬
petition against the following firms. The respondents
will be given an opportunity to show cause why cease and
desist orders should not be issued against them.

such merchandise, shipped to purchasers by the factories which
manufacture it on the respondent’s order, bears the iabeis and
shipping tags of the Lincoln Chair & Novelty Co. and is shipped
upon the respondent’s bill of lading.

Trade magazine advertisements of the respondent’s merchandise,
according to the complaint, contain a list of “factories” purportedly
located at Gardner, Mass., Jamestown, N. Y., Richmond, Ind., and
Springfield, Mo., with “executive offices” at 146 West 46th St., New
York.

The complaint alleges that the respondent’s representations are
misleading and untrue in that the Lincoln Chair & Novelty Co,
does not make the merchandise advertised; neither does the re¬
spondent own or control any furniture factories where such mer¬
chandise is made, nor are there any furniture factories maintaining
their executive offices at the respondent’s New York business
address. (444S)

Fretted Instrument Mannfaetiiring Corporation; United
Guitar Corporation; John Garner, individually and as an officer
of each corporation; Morris Brooks, individually and as an officer
of Fretted Instrument Manufacturing Corporation; and Frank
Solvino and F'rank Masiello, individually and as officers of United
Guitar Corporation, all of 45 Corneilson Ave., Jersey City, N. J.,
engaged in the manufacture and sale of various kinds of musical
instruments including guitars and mandolins, are charged, in a
complaint, w'ith unfair and deceptive acts and practices in commerce.

The complaint charges that since 1928 various concerns in the
F’nited States have manufactured certain stringed instruments, such
as guitars and mandolins, containing a resonating or amplifying
device consisting of a delicate metal cone capped by a wooden
bridge over which the strings are drawn. Stringed instruments
equipped with this device produce, when played, a quality of tone
alleged to be different from, more resonant than, and far superior
to that produced by stringed instruments not so equipped. A
perforated cover plate is affixed to the top of the body portion
of the instrument as a protection for the resonating or amplifying
device.

The complaint charges that w'ith a view to capitalizing upon the
acknowledged superior quality and excellent reputation of stringed
instruments so equipped, the respondents proceeded to manufacture,
sell and place in the hands of various retail dealers for resale,
mandolins and guitars which simulate in appearance but do not
actually possess the superior resonating or amplifying device. In
soliciting the sale of such products, the complaint continues, the
respondents have caused advertisements to be placed in music
magazines having a wide circulation in the various States, and
that typical of such representations made by the respondents is:

“$9.90 List

GUITAR OR MANDOLIN
DISC TOP

MARVELOUS TONE”

The complaint charges that through the use of the perforated
disc or plate in the manner described and by constructing and
finishing the interior of their instruments so as to have them
simulate instruments equipped with the amplifying or resonating
device, the respondents have represented directly or through im¬
plication to members of the purchasing public that their instru¬
ments are equipped w'ith a resonating or amplifying device, when
such is not the fact, and that by use of said perforated disc or
plate in the manner aforesaid, the respondents have placed in the
hands of unscrupulous dealers a means by which innocent pur¬
chasers may be led to believe they are acquiring an instrument
equipped with a resonating or amplifying device, when such is
not the fact.

In fact, the complaint charges, the stringed instruments manu¬
factured and sold by the respondents arc not and have not been
equipped with an amplifying or resonating device, nor is such
device i)art of their standard equipment. (4444)

Lincoln Chair & Novelly Company — .Vlleging unfair and de¬
ceptive practices in the sale of wooden furniture and allied items
in violation of the F'cderal Trade Commission Act, a complaint
has been issued against A. M. Druckman, trading as Lincoln
Chair & Novelty Co., 146 West 46th St., New' York.

The complaint alleges that the respondent, a furniture distrilnitor,
offers and sells to retail dealers, furniture mafle in factories which
he does not own, control or oDerate; that in arlvertising matter
circulated in commerce he offers such merchandise under the
name of the Lincoln Chair & Novelty Co. as the maker, and that

56 — ■ January 17, 1941

CEASE AND DESIST ORDERS

Commission has issued the following cease and desist
orders:

IMeiidoza Fur Dyeing Works, Inc., 722 East 133rd St., New
'York, engaged in the dyeing of furs for fur coats and clothing,
has been ordered to cease and desist from certain misrepresenta¬
tions.

The Commission finds that in the course of its business and for
the purpose of inducing customers to forward pelts for dyeing and
processing, the respondent furnishes to some customers various
sketches or designs for use in the manufacture of fur garments, and
also labels to be attached to such garments designating them as
“Mendoza Furs.”

The respondent further advertised, the Commission finds, in vari¬
ous circulars, newspapers and periodicals, that the sketches supplied
by it are adaptations of designs by famous Parisian couturiers. The
respondent also represented that furs processed by it have won a
prize or award in a competitive competition in Paris, France. These
various advertisements carry reproductions of the various labels
which the respondent allegedly furnished and which purport to be
labels of Parisian couturiers such as Schiaparelli. Vionnet, Heim,
Max and Jeanne Lavin, and others.

In truth, the Commission finds, the sketches and designs fur¬
nished by the respondent were not prepared by any Parisian cou¬
turiers, and the garments to which such labels are attached w'ere
not manufactured in Paris. France, and no garment of the respond¬
ent ever w'on a prize or aw'ard in a competition with garments of
others in Paris, France, except that the respondent, in 1928, was
awarded Grand Prix. a gold medal and diploma by the “Exposition
d’Economie Domestique”, held at Paris, France, “for its excellent
process of the imitation of skins of beaver, fox” and other furs.

The respondent is ordered to cease and desist from representing,
through use of their names on labels, or in any other manner, that
garments made of furs processed by the respondent are made or de¬
signed by Schiaparelli, Vdonnet, Heim, Max or Jeanne Lavin, or
any other couturier, when such is not the fact ; using the names of
well-known designers of w'omcn’s clothing on labels or in any other
manner to designate, describe or refer to garments not in fact de¬
signed by the person or persons w'hose names are used; representing
that sketches or designs furnished by the respondent to its customers
are sketches or designs prepared by Parisian couturiers, and that
the labels supplied with such sketches or designs are the labels sup¬
plied by such couturiers for use in garments made from such
sketches or designs, and that respondent is authorized to use their
names in connection with the manufacture and sale of fur garments;
and from using the term “Grand Prix Paris” or other words of
similar meaning to describe or refer to a prize received bv the re¬
spondent from “Exposition d’Economie Domestique” in 1928, unless
accompanied by a statement equally conspicuous, show'ing the
nature of the award or prize with the date thereof. (3824)

Froisto File ('orporation, 349 Broadway, New York, engaged
in the manufacture, sale and distribution of steel card cabinets, has
been ordered to cease and desist from certain unfair methods of
competition and unfair and deceptive acts and practices in com¬
merce.

The Commission fimls that (he resriondenl, in selling its cabinets,
has caused to he published and distributed to its dealer purchasers
and prospective purchasers located in the various States, certain

folders, cards and circulars in which its products are pictorially and
descriptively represented, and on which folders, cards and circulars
it is stated that the products are being offered at a SO per cent re¬
duction in price. In juxtaposition with the pictorial representa¬
tions, the findings continue, and descriptions of the products offered,
a price is set forth in black numerals, which are struck through with
red lines, and a price of half as much is substituted in red numerals
in each case. Such method of stating the selling price, the Commis¬
sion finds, is generally understood by dealers and the consuming
public to be a representation that the price in black type and can¬
celled by the red line, is the regular and customary selling price of
the product to which it applies, and the substituted price in red type
is a reduced price.

The respondent is ordered, in connection with the sale and dis¬
tribution of steel card cabinets in commerce, to cease representing
that the price at which the cabinets are offered for sale constitute
special or reduced or clearance sale prices, when such prices are the
usual and customary prices at which such products are offered for
sale and sold by the respondent in the normal and regular course
of business. (3717)

Vendol Company — David H. Fulton, trading as Vendol Com¬
pany, 1 West Biddle St., Baltimore, engaged in the sale and dis¬
tribution of a medicinal preparation known as “Vendol”, offered
as a treatment for constipation and related conditions, has been
ordered to cease and desist from certain misrepresentations.

The Commission finds that the respondent, in advertisements in
newspapers and periodicals having a general circulation, in con¬
tinuities broadcast from radio stations, and in other printed matter
distributed in commerce, has represented that the preparation is
a cure and an effective remedy for constipation, stomach disorders,
liver ailments, muscle, joint and body pains, and other ailments;
that in all cases it brings relief to sufferers from constipation,
stomach and liver disorders, pains in muscles and back, and head¬
ache and rheumatism; that it assures good digestion and enables one
to eat all kinds of food without fearing acid indigestion; that it
prevents acidity, gas and similar ailments; is a tonic and benefits
and tones the system, soothes the nerves and relieves and ends
sleeplessness and insomnia ; strengthens the stomach and digestive
organs; is an appetizer; and will overcome or cure “irregularity” of
the bowels.

The Commission finds that these representations are false and
misleading in that “Vendol” has no therapeutic value in excess
of that afforded by a laxative with mild diuretic and anti-acid
effects.

The respondent is ordered to cease and desist from representing
that the preparation is a cure or remedy for constipation, or con¬
stitutes a competent or effective treatment therefor, in excess of
furnishing temporary relief for such condition; that the preparation
is a cure or remedy for stomach disorders, liver ailments, skin dis¬
orders, dyspepsia, or that it constitutes a competent or effective
treatment therefor, in excess of furnishing temporary relief when
such conditions are due to constipation or the need of a mild
diuretic; that the preparation is a cure or remedy for muscular or
bodily pains, rheumatism, headaches, dizziness, excess acidity, gas,
cramps, indigestion, bad breath, palpitation, bloating, stiffness or
heart flutterings, or that it is a cure or remedy for any disease or
malady of which such ailments may be symptoms, or that it has
any therapeutic value in the treatment of such symptoms in excess
of the temporary relief afforded by a laxative with mild diuretic and
slightly anti-acid effects. (389S)

STIPULATIONS

Following stipulations have been entered into by the
Commission during the past week:

American Exchange— Nancy Jordan and Samuel I. Turoff,
operating under the firm names of Nancy Jordan Club and Ameri¬
can Exchange, General Post Office Box 376, New York, have en¬
tered into a stipulation in which they agree, in connection with the
sale or distribution of lists of names for the alleged purpose of
promoting social intercourse, that they will cease and desist from
representing that satisfactory results are sure; that testimonials have
been sworn to, when such is not the fact; that any offer of member¬
ship is limited in number or time, when such is not a fact; that
thousands everywhere have found happiness through their method,

or that any fee is a complete fee, when any charge is thereafter
made in connection with the sale of the lists.

Nancy Jordan and Samuel I. Turoff further agree to cease and de¬
sist from making claims with reference to the financial standing,
character, education or social position of any person listed with
them which are not in accordance with the known facts, and unless
in direct connection therewith the source of their information is
stated. They also agree to advise a prospective purchaser in contact
literature that the transmittal of only one list of names is included in
the membership fee, and that a charge is made for all lists which
may be transmitted thereafter. They further agree to desist from
misdescribing applicants or filled-in application blanks. (02700)

Anibofa Products Coni|)aii.v, Hastings, Nebr., engaged in sell¬
ing a preparation recommended for such conditions as dandruff,
itching scalp and falling hair, designated as “.4mbofa Hair Tonic”
and “Ambofa Cream for Hair”, has entered into a stipulation in
which it agrees to cease and desist from representing that the prep¬
aration will make hair healthy or will impart to hair its natural
shade; will restore to hair its natural beauty, color or luster; will
bring instant results; will stop, eradicate or get at the cause of hair
or scalp troubles or scalp infections; is of value for all scalp or hair
troubles or is of value for any scalp or hair trouble unless such scalp
or hair trouble is such that it may be benefited by the application of
a mild antiseptic, rubefacient or emollient; will give life to the hair
or aid in causing hair to become luxuriant; will kill dandruff germs
or rid the scalp of or stop dandruff; is a competent and effective
treatment for eczema of the scalp; will serve to prevent hair from
falling out or fading; will stop itching scalp condition or will do
more than afford temporary relief for itching scalp, or will relieve
itching scalp within any definite period of time; is a “specific”
treatment or a new discovery, or is the result of years of research;
that any of its ingredients will penetrate the scalp ; or, by the use of
the name “Ambofa Cream for Hair” or in any other manner, repre¬
senting that the preparation is in the form of a cream. (02701)

IJair-Collins Co.. Roundup, Montana, engaged in selling coal
designated “Keene Coal”, has stipulated to discontinue represent¬
ing that one-eighth inch of soot reduces coal efficiency 45 per
cent; that the user of Keene Coal will get all of its heat value;
that Keene Coal does not produce injurious gases and is free from
sulphur; that Keene Coal does not contain destroying sulphuric
acid, and is sootless, dustless or smokeless; that Keene Coal
produces 96.45 per cent heat, and that after burning Keene Coal
a stove is clean inside or free from soot. (02699)

Berlou Manufacturing Company — Bernhardt Peterson, trad¬
ing as Berlou Manufacturing Company, Marion, Ohio, engaged
in the manufacture and sale of an alleged mothproof preparation
designated as “Berlou”, has entered into a stipulation in connection
with the advertisement, sale or distribution of his product, to
cease and desist from use of the word “permanent” or “life-time”,
or of any other words of similar imolication as descriptive of the
protection against moths allegedly afforded to fabrics treated with
his product, and from use of the word “permanent” or “life-time”
or other words or representations the effect of which may tend to
convey the belief to purchasers that the moth immunizing effect
of his product will last, continue or endure forever. (3016)

L. Bucliuian Company, Inc., 24 Johnson Ave., Brooklyn,
manufacturer of comforters and other related items containing
feathers and down, has stipulated that in the advertisement or sale
of its products it will cease and desist from using the words
“Handcrafters”, “Hand-Makers”, or similar words the effect of
which tends to convey the belief that the products are hand-made
or hand-stitched. The corporation also stipulates that it will
discontinue selling or offering its products which are composed
of or contain rayon without clear and unequivocal disclosure in
all invoices, advertising or sales promotional matter of the fact
that the products are composed of or contain rayon. (3019)

Carnation Company, Milwaukee and Seattle, has entered into
a stipulation in which it agrees to cease and desist from certain rep¬
resentations in the sale of “Carnation Irradiated Evaporated Milk”.

The respondent corporation stipulates that it will cease represent¬
ing, directly or by implication in its advertising, by use of such ex-

January 17, 1941 — 57

pressions as "Producers of Irradiated Carnation Evaporated Milk”
or otherwise, that it produces the milk from which its product is
processed.

In its stipulation the respondent corporation states that it does
not produce the milk from which its evaporated milk is processed
and also avers that "Irradiated Carnation Evaporated Milk” is
cows’ milk which it produces from dairy farms which it inspects and
which meet the sanitary requirements of the company, and that the
product then is processed according to its own method in its own
plants.

The respondent corporation further avers that the words “Pro¬
ducers of”, when used in the phrase “Producers of Irradiated Carna¬
tion Evaporated Milk”, were used by it with the intent to convey
to the public that its product had been packed under the conditions
above mentioned. (02703)

Cliekit Company — Hogan G. Smith, trading as Chekit Com¬
pany, 1710 Eirst Ave., South, Minneapolis, packager and seller of
a powder product for use in treating hosiery and other garments, in
a stipulation entered into with the Commission, agrees to cease
representing that use of his product as a treatment for silk or rayon
hosiery or lingerie will (1) prevent runs, rips, snags or breaks in,
or the shrinkage of fading of, such fabrics; (2) double or improve
the wearing quality of hosiery or lingerie which has already been
given a treatment of this character; (3) reduce the user’s hosiery
expense by one-half, and (4) make such hosiery proof against rain
spotting or do more than increase its resistance to spotting by
rain. (3021)

Cole ami Company, a corporation, Sterick Building, Memphis,
Tcnn., conducting an advertising agency which disseminated ad¬
vertisements for a cosmetic preparation designated “Nix Deodorant
Cream”, on behalf of The Nix Cosmetics Company, Memphis, has
stipulated that it will cease and desist from disseminating any ad¬
vertisements which represent that the application of Nix Deodorant
Cream stops the flow of perspiration or stops perspiration odor for
days; that Nix affects perspiration or perspiration odors in a new
way or in a way different from that of other preparations; or that
Nix neutralizes or has any other substantial effect upon perspiration
acids.

The repsonclent further agrees to cease and desist from misrepre¬
senting, by the use of misleading headlines or otherwise, that any
girls are “wanted”, or from otherwise representing that The Nix
Cosmetics Company has any employment to offer. (02696)

Fnley At Company, 945 George St., Chicago, engaged in selling
a medicinal preparation recommended for the treatment of coughs,
designated “Foley’s Honey & Tar Syrup,” has entered into a sup¬
plemental stipulation in which it agrees to cease and desist from
representing that the preparation has any therapeutic action in
excess of temporary relief for coughing due to irritations of the
throat and respiratory tract when these symptoms are due to mild
inflammation of the mucous membranes of these structures; that
it stimulates the irritated tissues of the bronchial tubes, other than
their mucous secreting glands, or that it will give continuous comfort
to the user without continuous administration. (014S4)

<Jolm E. Liicey Shoe Company, and Leonard & Barrows Shoe
Company, 191 Center St., Middleboro, Mass., two corporations
having the same officers and a single place of business, and engaged
in the manufacture and sale of shoes, have stipulated with the Fed¬
eral Trade Commission that they will cease and desist from repre¬
senting, as through the use of the words “London, England”, or the
word “British”, that their domestically made products are British
products, and from the use of those words or other words of similar
implication as a mark, stamp, brand or label for their products or
in any other way so as to convey the belief that the products have
been imported from London, England. (3015)

New Jersey Pulverizing Company, 205 West 34th St., New
York, in a stipulation entered into with the Commission, agrees to
desist from use of the coined word “Pummy” as a trade name for
its product closely simulating pumice in aiipearance and designed
for use in dental laboratories as a prophylactic or in the iiolishing of
plates, the main ingredient of the product being sand. The re-

58 — January 17, 1941

spondent also agrees to desist from employing the word “Pummy”
or “Pumice” or any phonetic or other simulation of “Pumice”, the
effect of which tends to convey the impression that the product is
pumice, a volcanic ash or dust, as the term pumice is accepted and
understood to mean. The respondent, according to the complaint,
also sells other products, including pumice or pumice stone. (3020)

Newman Prodiiets Company — William Newman, trading as
Newman Products Company and as The Newman Institute,
135 Lorimer St., Brooklyn, engaged in the sale and distribu¬
tion of medicinal preparations designated “Williams KornX”,
“Williams Foot Balm”, “Williams Foot Shampoo” and “Wil¬
liams Foot Powder”, has entered into a stipulation in which
he agrees to cease and desist from use of the word “Institute” as
part of or in connection with his trade name; issuing any so-called
“Certificate” or similar document in which representations are made
that the bearer or any person whose name is written or inscribed
thereon has completed a course of study, has received or passed
an examination in chiropody or any other course, or is qualified to
lecture or advise concerning foot health or care; representing, by
use or display of signs or placards bearing the words “Foot Health
Clinic” or “Foot Health Remedy”, or otherwise, that his salesmen or
agents are conducting clinics or are qualified to conduct clinics or
examine and treat patients, or that his products are competent
remedies for maladies, diseases or ailments of the feet generally;
representing as the customary or regular price of his products prices
which are fictitious and in excess of the prices at which such
products are customarily sold; representing by direct statement or
by reasonable inference, either in his advertising media or by state¬
ments by his canvassing salesmen or agents, that his commodities
were manufactured by or purchased from J. B. Williams Company,
that his business is connected with that of the J. B. Williams Com¬
pany in any way, or that he or his salesmen or agents are employed
by or otherwise connected with that company; that any of the
preparations offered for sale by him is a competent remedy or
effective treatment for athlete’s foot, swollen ankles or ingrown
toenails, or for tired, aching, burning or swollen feet generally;
that any of such preparations constitute a speedy, prompt or
permanent cure or remedy for corns, callosities or warts and pre¬
vents their recurrence, relieves pain or soreness incident to bunions,
ingrown toenails or ailments of the feet generally, and that use or
application of the preparations will result in the relief or alleviation
of headaches, backaches or fatigue, or the pain or discomfort in¬
cident thereto. (3017)

Lydia E. Piiikliam Medicine Company, Lynn, Mass., engaged
in selling medicinal preparations designated “Lydia E. Pinkham’s
Vegetable Compound” and “Lydia E. Pinkham’s Vegetable Com¬
pound Tablets”, has stipulated that it will forthwith cease and
desist from representing, directly or by implication:

(a) That either product is of benefit to, or an effective remedy
for female functional disorders, menstrual aberrations or
menopause, in excess of relief of symptoms associated with
and caused by menstrual aberrations and symptoms asso¬
ciated with and caused by menopause, and as a uterine seda¬
tive ;

(b) That either product is of benefit for any symptoms, ailments
or conditions that are due to organic disease ;

(c) That either product will overcome melancholia, act as an
aphrodisiac or enhance the attractiveness of the user;

(d) That either product is a general system tonic;

(e) That either product will afford permanent relief from
nervousness ;

(f) That the products are fully identical in purpose and effect.

The Lydia E. Pinkham Medicine Company further agrees that
whenever reference is made to the brand name of the tablets in
advertising, it will state, in direct connection therewith, in appro¬
priate terms, that the product contains added iron.

The company further agrees not to publish or cause to be pub¬
lished any testimonial containing any representation contrary to
the foregoing agreement. (02702)

Quill Club — V iolet F. Bezirjian, operating as The Quill Club,
3503 South Broadway, Englewood, Colo., engaged in selling lists
of names purporting to be names of members of The Quill Club, for
the alleged purpose of promoting social intercourse, has agreed to

cease and desist from representing that The Quill Club is a perma¬
nently established organization, or an organization of any kind;
that she guarantees or assures the introduction of applicants to
congenial people of the ages specified, or issues guaranties; that
her statements relating to the financial or other standing, education,
character, age, occupation or profession of those whose names
appear on lists, are other than the mere statements of those persons
themselves in the absence of some reasonable investigation into
the truth or falsity of such statements, or that her method is ex¬
clusive, unique, or different from the methods of others engaged in
competition with her in promoting social intercourse. (02697)

E. A. Stephens & Company, Inc., 1843 Wazee St., Denver,
Colo., engaged in the purchase of raw furs from trappers and
dealers, has entered into a stipulation in which it agrees to cease
and desist from the use in its advertisements, and advertising or
printed matter, or in any other way, of the picturization of any
building, either alone or in connection with its corporate or trade
name, or in any other manner the effect of which may convey the
belief to customers or prospective customers that it occupies or
conducts its business from such building, when such is not the
fact. (3014)

Trabiilsi Textile Company, Iiie., 387 Fourth Ave., New York,
engaged in the sale and distribution of men’s neckware, has
stipulated that it will forthwith discontinue selling or offering
for sale any silk product which contains any metallic weighting,
without full and non-deceptive disclosure, in or on the labels,
tags, or brands attached to the merchandise and in the invoices
and all advertising matter, sales promotional descriptions or

representations however disseminated or published, of the presence
of such metallic weighting together with the proportion or per¬
centage thereof, as, for example, “Silk with 55% Metallic Weight¬
ing,” or “Silk, Weighted up to 55%, ” with the word “weighting”
and the percentage thereof printed in conspicuous type. (3018)

Valortone Herb Company — The Julius Skinder, Clinton, Ind.,
operating under the trade names Valatone Herb Co. and Lavelle
Sales Co., has entered into a stipulation in which he agrees to
cease advertising that “Valortone,” a cosmetic, restores natural
luster and loveliness to hair; is an herbal hair treatment and
achieves results not obtainable by use of any other preparation.

Under his stipulation, the respondent further agrees to dis¬
continue representing that the preparation is a color restorer; will
enable users to regain natural color or health of hair, and will
stop or banish dandruff or falling hair, or, by any other termi¬
nology, that it is a competent treatment or an effective remedy
for either of these conditions.

The respondent also agrees to cease advertising that any offer
is “special,” unless it is for an expressly limited time, after which
acceptances of the offer are refused. (02704)

FTC DISMISSES COMPLAINT

The Federal Trade Commission has dismissed a complaint charg¬
ing the Robeson-Rochester Corporation, Rochester, N, Y., with
unfair practices in the sale of pocket knives so marked as to in¬
dicate that they were approved by The Boy Scouts of America.
The Commission was informed that the respondent corporation has
been dissolved and is out of business.

January 17, 1941 — 59

October 1940 Broadcast Advertising Unit Report

Broadcast advertising volume, in terms of units, is presented on
the following pages as reported by 200 broadcasting stations and
the national networks. The report is complete for national net¬
works, including the business of the Columbia Broadcasting System,
the Mutual Broadcasting System and the National Broadcasting
Company. Regional network, national non-network and local
business are not complete for the entire industry; the figures repre¬
sent the total of such business placed on the 200 stations reporting.

On the last page of this analysis, there appears a complete roster
of the 200 stations reporting their October business. There is in¬
cluded also in the list five additional stations whose reports were
received too late for inclusion in this tabulation.

Comparison with the list of stations reporting September busi¬
ness discloses that a majority of stations reported their business for
both months. The total stations reporting October business is 200
as compared with 206 for September. However, some stations
reporting October business had not submitted September business.
The significance of this situation is that there is not a constant
sample as between the two months which will permit of direct
accurate comparison.

What Does It Show?

All stations having national network affiliation carried 3,058,101
program units of network business in the month of October. This
represents a 58% increase over the 1,938,928 program units report¬
ing for September. Since these are complete figures for national
network business, the comparison is completely accurate. The in¬
creases in network business were as follows:

Political advertising rose from September program units of
28,863 to an October total of 480,091, an increase of 1,563.7%. Since
political business is carried largely as a substitute for existing busi¬
ness, it is notable that there were other substantial increases which,
by far, offset the expected decreases by business classifications. In
general advertising, the building materials classification rose 180%;
toilet requisites rose 71.9%; jewelry and silverware increased
69.2%; medical up 56.9%; groceries up 25.4%; automotive up
25.2%; publications up 22.6%. The most notable decreases were
found in transportation with a decrease of 38.5%, wearing apparel
down 20.6% and miscellaneous down 38.6%.

In the field of station business, exact movements of business be¬
tween September and October cannot be given. However, it is
obvious that station business increased upward of 9%. In retail
advertising, station business held its own or possibly decreased
slightly. National spot retail business rose sharply, but with small
unit volume did not offset the material drop in locally placed retail
advertising.

Station business in general advertising increased to the order of
12%. Some of this is due to a 170% increase in political advertising.
In so far as unit volume is concerned, the increase is most largely to
be accounted for in a 56% increase in toilet requisites advertising,
wearing apparel increase of 46%, a 99% increase in the medical
classification, a 6.7% increase in agriculture, and a building mate¬
rials increase of 104%. All of the above percentages are based on
program units without reference to announcement units. Announce¬
ment units rose approximately 20% ; in retail classification the
increase was approximately 11%, and in the general classification
an increase of approximately 33%.

To Review

-A program unit equals one minute of program time. An an¬
nouncement unit is equal to one announcement, unless the time
consumed is one and one-half minutes or longer, in which case the
units are calculated to the nearest number of minutes.

Advertising business placed in radio is classified under two major
headings — “Retail” and “General.” Retail advertising is defined as
the advertising placed by businesses which sell direct to consumers.
General is that advertising placed by businesses which sell for resale
and not direct to consumers.

In retail advertising the analysis presented here classifies retail
businesses according to their principal retail line. No attempt is
made to classify according to specific product advertised. This
classification is most useful to the broadcasting industry since adver¬
tising is placed by the individual retail store and such buying units
as have similar business are grouped together.

In general advertising the classification is primarily an analysis
of the products advertised by businesses engaged in selling to others
for resale. The significance of this to the radio industry is that

advertising campaigns are carried for individual products and in
this analysis similar products are grouped together. Also included
in the general classification are such service businesses as financial,
insurance, professional and service, and transportation which, be¬
cause of their nature, could not properly be considered retail.

There appears on the following page Table I of the October,
1940 Broadcast .Advertising Unit Report. In this table, program
and announcment units are presented for retail and general adver¬
tising with a total of the two showing the source of such business
by national network, regional network, national non-network and
local placement. The tables which follow present: Table II pro¬
gram units by type of sponsoring business and source of business,
first for retail and then for general advertising. Table HI presents
program and announcement units by type of sponsoring business by
class of station, first for retail advertising and then for general ad¬
vertising. Table IV presents program and announcement units by
type of sponsoring business and by station metropolitan district or
city population, first for retail, then for general advertising.

How to Use It

In the September unit report, it was pointed out that the value of
this analysis could be found in the comparison of your station’s
business with that of the industry as a whole or with the business
of stations like yours — same power, same Commission classification,
etc.; and, further, with stations located in cities approximately the
same size as the one in which your station operates. The purpose
of such comparison is to determine whether you have succeeded in
selling all of those types of business which are using radio adver¬
tising. For example, if drug stores are using radio advertising any¬
where in the United States and continue over a period of time to
do so, your logical conclusion would be to approach the drug stores
in your city fortified with this report which shows that drug stores
are using radio advertising.

Going beyond the suggestions made in the September report, the
October report furnishes new clues of value in your sales activity.
Let’s consider first your quest for new business. In retail advertis¬
ing, which is largely locally placed, amusements are making a greater
use of radio. One encouraging aspect of this increase is that pro¬
gram units are completely accountable for the increase since there
was a slight decrease in announcement units. In theatre advertis¬
ing both program units and announcement units are up. In miscel¬
laneous program units are materially up and announcement units
down. There’s a double clue — go after your local theatre and
amusement people to place advertising. .And, if you already have
them as announcement accounts, use this material to convert their
business to programs. Building supplies and contractors show an
increase in business placed. Drug stores are materially up. Heating
and plumbing program units increased more than 150%.

In general advertising, agriculture is up ; building materials more
than 100% up; hotels and restaurants materially increased; housing
equipment and supplies 50% up. Industrial advertising, though
small in volume, increased more than six times in units. Medical
up almost 100%. Public utilities increased; publications increased;
toilet requisites and wearing apparel rose sharply.

There is another side to examine in this analysis. ' Where busiftess is
droppinf! off. there is an indication for sales effort and service to hold
accounts. Automotive advertising, both retail and .general, declined in non¬
national network business. True enough this is largely due to auto show
advertising in the month of September which did not r%eat in October, but
the automotive field is a large one and the station will want to make every
effort to hold that business. Professional and service advertising dropped
sharply. The business placed by opticians-optometrists and chiropractors
accounts largely for the decreases, although dentists placerl materially more
advertising.

It is realized that there exists serious limitation in the use of the unit
report since only two months’ analyses are available. However, with each
successive month, the value of the report increases.

Future Reports

The N.AB Research Committee at its meeting January 10th heard a report
of the unit plan operation. The Committee was pleased with the cooperation
of the industry in this undertaking. However, it is not satisfied that a
sufficient number of stations are reporting to enable industry projection at
thi,; time. They were particularly reluctant to attempt estimates of industry
totals on a sample of cooperating stations which changes from month to month.

In the near future the unit analysis will be presented in summary form
in the NAB Reports and the complete analysis will be sent to only those
stations cooperating.

The reference filed by advertiser is receiving special attention at this time
and this work is progressing rapidly. When the file is complete, reference
work will be done for cooperating stations on a cost basis.

The value of the broadcast advertising unit analysis is dependent upon
the cooperation of the industry. By all means, see to it that your station
is included.

January 17, 1941 — 61

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TABLE III

STATION BROADCAST ADVERTISING (OTHER THAN NATIONAL NETWORK)
BY TYPE OF SPONSORING BUSINESS AND BY CLASS OF STATION

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STATIONS COOPERATING
in the

BROADCAST ADVERTISING UNIT VOLUME REPORT

DISTRICT 1

Connecticut
VVICC — Bridgeport
WDRC— Hartford
WTHT—

WELI — New Haven
Maine

W COU — Lewiston
WCSH— Portland
Massachusetts
WAAB — Boston
WBZ— ”

VVNAC— ”

WLAW — Lawrence
WLLH— Lowell
WBZ A— Springfield
WORC — VVorcester
New Hampshire
WHEB— Portsmouth
Rhode Island
WEAN — Providence
Vermont

WCAX — Burlington

DISTRICT 2

New York
WABY — Albany
WOKO— ”

WENY— Elmira
WHCU— Ithaca
WJTN — Jamestown
WABC— New York City
WQXR—

WHDL— Glean
WHAM — Rochester
WHEC—

WTRY— Troy
WFAS— White Plains

DISTRICT 3

Delaware
New Jersey
WSNJ- -Bridgeton
WCAM— Camden
WOR— Newark
Pennsylvania

WH J B — Greensburg
WHP — Harrisburg
WJAC — Johnstown
KYW — Philadelphia
WCAU—

KQV — Pittsburgh
WCAE— ”

WGBI — Scranton
WBAX— Wilkes-Barre

DISTRICT 4

District of Columbia
WJ SV — Washington
WMAL—

WOL—

WRC—

Maryland
WCBM — Baltimore
WFBR—

WTBO — Cumberland
WBOC — Salisbury
North Carolina
WWNC— Asheville
WBT— Charlotte
WBIG — Greensboro
WGTC— Greenville
VVPTF- Raleigh

WRAL— Raleigh
WSTP— Salisbury
WSJS — Winston-Salem
South Carolina
WTMA — Charleston
WCOS — Columbia
WIS—

Virginia

WCHV — Charlottesville
WSVA — Harrisonburg
WLVA — Lynchburg
WGH — Newport News
WTAR— Norfolk
WPID — Petersburg
WRNL — Richmond
West Virginia
WJLS— Beckley
WMMN — F airmont
WSAZ — Huntington
WPAR — Parkersburg
WWVA— Wheeling

DISTRICT 5

Alabama

WSGN — Birmingham
Florida

WDBO— Orlando
Georgia

WGPC— Albany
WAG A — Atlanta
WSB—

WMGA — Moultrie
WSAV- — Savannah
WTOC—

Puerto Rico

DISTRICT 6

Arkansas

KFPW — Fort Smith
KARK — Little Rock
KUOA — Siloam Springs
Louisiana

WNOE — New Orleans
KTBS — Shreveport
KWKH—

Mississippi
Tennessee
WOPI— Bristol

DISTRICT 7

Kentucky

WLBJ — Bowling Green
WHAS — Louisville
Ohio

WJW — Akron
WICA — Ashtabula
WCKY — Cincinnati
WLW—

WSAI—

WCLE— Cleveland
WGAR—

WHK—

WBNS — Columbus
WCOL—

WHIG— Dayton
WLOK — Lima
WPAY — Portsmouth
WSPD— Toledo
WHIZ— Zanesville

DISTRICT 8

Indiana

WFBM — Indianapolis
WIBC—

WIRE — Indianapolis
Michigan

WELL — Battle Creek
WJR — Detroit
WWJ— ”

WKZO — Kalamazoo
WKBZ — Muskegon

DISTRICT 9

Illinois

WENR— Chicago
WLS—

WMAQ— ”

WCLS— Joliet
WMBD — Peoria
WTAD — Quincy
WHBF — Rock Island
WDZ — Tuscola
Wisconsin

WTAQ — Green Bay
W C LO — J anes ville
WIBA — Madison
WTM J — Milwaukee
WRJN— Racine
WHBL — Sheboygan

DISTRICT 10

Iowa

WMT — Cedar Rapids
KRNT — Des Moines
KSO—

WHO— ”

KMA — Shenandoah
Missouri
KFRU — Columbia
KMBC — Kansas City
WIL — St. Louis
KMOX— ”

Nebraska

KMMJ — Grand Island
KGFW — -Kearney
KFAB — Lincoln
KFOR— ”

KOIL — Omaha
WOW— ”

DISTRICT 11

Minnesota
KATE — Albert Lea
WC C O — Minneapolis
WTCN— ”

KSTP— St. Paul
North Dakota
South Dakota
WNAX— Yankton

DISTRICT 12

Kansas

KCKN— Kansas
KFBI— Wichita
Oklahoma

KOCY — Oklahoma City
KTOK—

DISTRICT 13

Texas

KFDA — Amarillo
KGNC— ”

K F D M - - B c a u m o n t
KRIS — Corpus Christi

74 — January 17, 1941

WFAA— Dallas
KTSM— El Paso
KGKO — Fort Worth
WRAP—

KPRC — Houston
KPDN — Pampa
KPAC — Port Arthur
KONO — San Antonio
WOAI—

KRGV — Weslaco

DISTRICT

Colorado
KIDO — Boise
KFEL — Denver
KIUP — Durango
Idaho

KRLC — Lewiston
Montana

KFBB— Great Falls
KGVO — Missoula
Utah

KV^NU — Logan
KDYL— Salt Lake City
KSL—

Wyoming

DISTRICT 15

California
KHSL— Chico
KYOS — Merced
KROW — Oakland
KFBK — Sacramento
KROY—

KJBS — San Francisco
KYA—

KQW— San Jose
14 KWG— Stockton

Hawaii

KGMB — Honolulu
Nevada
KOH — Reno

DISTRICT 16

Arizona
KOY — Phoenix
KYUM— Yuma
New Mexico
KICA— Clovis
KAWM— Gallup

California
KFOX— Long Beach
KECA— Los Angeles
KFI—

KNX—

KTMS — Santa Barbara

DISTRICT 17

Alaska
Oregon
KBND— Bend
KALE — Portland
KOIN— ”
KWJJ— ”
Washington
KVOS — Bellingham
KWLK — Long View
KIRO — Seattle
KJR— ”
KOMO— ”

KFPY — Spokane
KGA—

KHQ—

KVI — Tacoma

January 17, 1941 — 75

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1626 K STREET, N. W.

WASHINGTON, D. C.

Vol. 9, No. 4, January 24, 1941

THE WEEK IN WASHINGTON

FRENESI led the list in a popularity poll of top tunes
of the day staged last week by a Detroit theater. BMI
tunes were 1-2-3 last week on the coin machines. Seven
of the first ten best sellers in the sheet music field were
BMI. (p. 77)

NAB Code Committee will meet in New York, Feb¬
ruary 4-5. (p. 79)

District meetings were held this week in Los Angeles,
San Francisco and Portland with banner attendance at
each. (p. 80)

The networks reached new agreements with the A. F.
of IM. covering musicians employed in New York and
Chicago, (p. 81)

Technical representatives of parties to the Havana
Treaty reported progress in ironing out problems incident
to reallocation of frequencies. Ohio State’s Broadcast
Engineering Conference opens at Columbus, February 10.
(p. 82)

The study of how to sell the laundry business has gone
out to all members from the NAB Bureau of Radio Adver¬
tising. (p. 82)

Senator Johnson (D.-Colo.) reintroduced his bill to pro¬
hibit the advertising of alcoholic beverages by radio,
(p. 83)

The FCC renewed the license of Station WAAB,
Boston, saying that stations should not express their own
editorial opinion on controversial issues to the exclusion
of others. The FCC will meet with the National Tele¬
vision Systems Committee on hlonday, January 27. The
licenses of Stations WTIVlC and WDLP were revoked be¬
cause of false testimony and concealment of ownership.

Despite the fact that the great majority of motion
picture theatres are not playing BiMI music, due to the
bans that have been put into effect by Loews and other
prominent theatrical chains, Frcnesi led the list in a popu¬
larity poll of top tunes of the day staged last week in the
Fox Theatre in Detroit to determine what selections Kay

Kayser's band should play during his week’s engagement
there. In addition to the poll, the theatre conducted a
survey of radio audience preferences on two Detroit sta¬
tions — CKLW and WMBC — which carry both BMI
and ASCAP music. The audiences, both theatrical and
radio, after having ample opportunity to hear ASCAP’s
best product, not only gave Frcncsi the top position by a
wide margin, but picked BlMFs There I Go as number
four, BlNirs / Give You My Word as number five, and
BMFs I Hear a Rhapsody and So You’re The One as
eight and nine respectively.

The ten best sellers of the week on coin machines in¬
clude Frencsi, There I Go and I Give You IMy Word as
one, two and three. / Rear ,I Rhapsody, said by the
BIMI Sales Department to be the fastest rising song in
the country, landed as number six, and So You’re The One
as number ten.

National sheet music sales for the past week, as revealed
in Billboard’s popularity chart, show seven out of the first
ten are BMI. In the east, on the west coast and in the

(Continued on page 78)

BMI FEATURE TUNES
January 2 7- February 3

1. HIGH ON A WINDY HILL

2. YOU WALK BY

3. HERE’S MY HEART

4. BUGLE WOOGIE

5. IT ALL COMES BACK TO ME NOW

6. MAY I NEVER LOVE AGAIN

7. I CAN’T REMEMBER TO FORGET

8. WISE OLD OWL

9. ACCIDENT’LY ON PURPOSE

10. KEEP AN EYE ON YOUR HEART

11. BECAUSE OF YOU

12. ALL I DESIRE

13. WALKIN’ BY THE RIVER

14. LET’S DREAM THIS ONE OUT

15. LITTLE SLEEPYHEAD

16. ANYWHERE

17. BREAKFAST FOR TWO

18. I LOOK AT YOU

January 24, 1941 — 77

1626 K St., N. W.

Phone NAtional 2080

Neville Miller, President C. E. Arney, Jr., Assistant to President

Edward M. Kirby, Director of Public Relations; Joseph L. Miller,
Director of Labor Relations ; Paul F. Peter, Director of Research;
Russell P, Place, Counsel; Lynne C. Smeby, Director of Engineering

BMI

(Continued from page 11)

mid-west, Frciicsi and I Hear A Rhapsody lead all the rest,
d'he first six are Bi\II (though not identical) on both the
east and west coast. Among the best selling retail records,
/ Hear A Rhapsody carries away second and third posi¬
tions; the interpretation by Charlie Barnett leading that
by Jimmie Dorsey by a small margin ; Artie Shaw’s Frciicsi
is the top in every record classification, east, mid-west,
west coast and south.

BMI Now Clearing for 111 Publishers

BMI’s list of affiliated publishers now includes 111
organizations ranging from catalogues containing a few
dozen selections to those numbering in the tens of thou¬
sands. There are thirty-four publishers of popular music;
eight of Latin-Anierican and foreign; ten of hill-billy,
racial and traditional American music; nine of patriotic
and band music; ten of operatic, standard and classical
music; thirty-nine of sacred, gospel and spiritual music;
and one of the original music of the American Indian,
known as the Redskin Publishing Company. Redskin
was formed by Chief Truhart to popularize and preserve
the original music of the American Indian. Two of the
numbers with dance band arrangements are Allegheny
Mountain Siving and Ski-Ga-GiAV a-Gi . They are both
by the Supreme Prince of the Sun, a descendant of an
Inca chieftan and a colorful character in Tin Pan Alley.
One category of BMI compositions has been replenished
rapidly since the first of the year. It is that of swing
music, and the acquisition of the Benny Goodman cata¬
logue — Regent Publishing Company — the Glenn Miller
and the Sammy Kaye catalogues in addition to the Jimmy
Lunceford and Larry Clinton books gives BMI a position
in this field second to none. Originals are available now
by Benny Goodman, Count Basie, Eddie Sauter, Eletcher
Henderson, Jimmie INIundy, Cab Calloway, Lional Hamp¬
ton, as well as by members of the Glenn Miller and Sammy
Kaye bands. So much rich material is available for per¬
formance in the newly aciiuired BMI catalogues that it is
probably safe to say that the reservoir of [popular tunes
has been increa.sed by 60^/r since the first of the year.
’These new accpiisitions and the wealth of unexplored

material in the E. B. Marks, the Peer catalogues, and
others, are bringing many performing artists to BMI on
treasure hunts. (Many hours are spent there in the Re¬
search and Copyright Departments going over new mate¬
rial. E. B. Marks, in the current issue of Variety, lists
fourteen new popular tunes which have just been released,
and hundreds of standards and “unforgettable old timers”
now available for licensees of BMI. It is worth noting
that the works of many prominent composers are avail¬
able through the (Marks and Peer catalogues as well as
through those of SESAC and AMP. A hasty glance at
the Marks list in Variety reveals numbers by Rodgers and
Hart, Oscar Straus, Franz Lehar, Ernesto Lecuona, Xavier
Cugat and Eliseo Grenet. Ralph Peer is calling attention
to three Hoagy Carmichael songs — Georgia On My Mind,
Lazy River, and Rockin’ Chair, written by Hoagy before
he became a member of ASCAP, v/hich have been trans¬
ferred to Peer International and thus made available to
BMI.

Band Leaders Have No Complaint

A survey by the BMI Public Relations Department of
the music situation, as reflected in interviews with band
leaders, shows no decrease in fan mail since January 1st.
These interviews revealed that about 60% of the requests
for tunes these days are for numbers published or cleared
through BMI. / Hear .1 Rhapsody is running close to
Frenesi in current requests. Leaders reported no serious
complaints regarding the new music and offered several
constructive suggestions, among them, that the broad¬
casters reinforce the rule to allow at least two hours be¬
tween the performance of a given song and restrict the
performance of certain public domain numbers. Several
leaders just under top recognition said that they liked the
“new set-up” better than the old, as they are getting an
even break as regards new music. They noted more in¬
terest in the interpretation given a number than had
formerly been the case. All of the leaders (in particular
those who are “on the way up”) said that it was very
important for them to retain their radio wires and that
they are making every effort to do so. Several had selected
BMI numbers for special treatment in regular perform¬
ances and had been encouraged by the reception received.
E.xecutive managers of leading New York City hotels dur¬
ing the survey reported that business was quite good at
the dinner and supper dance periods and that their orches¬
tras are playing an increasing proportion of BMI music.

What Is ASCAP’s Policy?

The following letter from Leon de Costa, prominent
composer of musical comedies, is offered as a sequel to
the statement by .Art Kassel, composer and band leader,
published in last week’s Reforts:

“.\ccording to |moss vrieases dalc'd January IS, 1941, Mr. Gene
Ruck, president of ASC.'\P, defends his refusal to accept Mr. .\rt

78' — January 24, 1941

Kassel's resignation from ASCAP by stating: ‘that in the 26 years
of ASCAP’s existence no member has ever sought to resign.’

“Mr. Gene Buck’s statement constitutes a deliberate falsehood:
after a membership) of twelve years I resigned from ASCAP as a
writer-member a little over three years ago and refused to renew
the radio royalty contracts between ASCAP and myself, having
found my relations with that organization extremely unsatisfactory,
disagreeable and humiliating.

“Upon request I will furnish an affidavit to that effect.

‘‘I am leaving behind about 200 songs published by T. B. Harms,
H. H. Remick and other ASCAP affiliates, numbers used in my
musical scores of The Blond Sinner, Kosher Kitty Kelly, etc., and
am now publishing with BMI, Associated Music Publishers, and
SESAC firms. The musical score of my forthcoming Dancy will
also be published by a non-ASCAP firm.

“Thought 3'ou might like to have this data.”

(Signed) Leon de Costa.

Change of Heart

]\Iany editorials are being received by BAII favoring
the broadcasters’ cause, but it was a red letter day when
the following comment came in from the Hollywood
Citizen of January 11th:

“Childish.

“Some persons are trying to make a comple.x situation out of
ASCAP’s battles to get more of the profits of radio broadcasting.
There is nothing involved that isn’t very simple. ASCAP has
something to sell to the radio stations. The radio stations will be
willing to buy what ASCAP has for sale when they can buy it at
the price they think it worth to their business.

“Appeals of ASCAP for the public to help it get more money
than the broadcasters are willing to pay are childish. ASCAP has
been getting four and a half million dollars a year of radio broad¬
casters’ money. That makes it a big business institution. It needs
no help from the public in a purely selfish scramble for money.

“Anyway, what does the public know about whether ASC.A.P is
entitled to one million dollars a year or nine million dollars a
year?”

The Hollywood Citizen ran the columns by Alorton
Thompson which were strongly pro-ASCAP. Air. Thomp¬
son has left the Citizen to take charge of ASCAP’s pub¬
licity on the west coast. And while we are out on the west
coast, we believe you would be interested in reading the
following from the Citizen’s editorial columns:

“Persons with .ASCAP money are said to have persuaded U.C.L.A.
students to stage a purported protest against the radio networks
for refusing to pay the price ASCAP demands for the use of its
music on the radio.

“ASCAP money is said to have bought quantities of old radios
while the newspapers told their readers that the radios were con¬
tributed by university students for burning in connection with the
so-called protest.

“Let’s not censure the U.C.L.A. students for falling for this. If
one wall note carefully some of the stories appearing in some of
the newspapers of the city he will determine that a lot of news¬
paper readers are being betrayed as a result of ASC.4P influence.

“U.C.L..y. students merely wanted a little fun. They are youths.
Newspapermen don’t betray their readers for fun. They are
seasoned with years of experience in the w'orld.”

And just opposite under the heading, “Town Meeting,”
which publishes letters to the editor, we read:

“Too bad the students and others w'ho burned up some old
radio sets a few days ago didn't realize that there are a lot of
shut-ins like the veterans at hospitals and myself who w’ould have
been glad to have old radio sets to use.”

Support from Canada

The Canadian Association of Broadcasters at a meeting
in Alontreal at which practically every station in Canada
was represented, decided to join the National Association

of Broadcasters in supporting Broadcast Music, Inc. The
resolution as passed and released to the Canadian press
reads as follows:

“Unanimously resolved that the C.-tB congratulate BMI on its
spectacular success; and stands wholeheartedly behind BMI in
its efforts to get a fair deal for broadcasters and the public in musi¬
cal copyright matters. The C.AB members pledge their full support
to this great effort.”

With more than 15,000 pieces of mail coming into
BMI weekly, it is highly desirable that the mail intended
for a particular department be sent to that department.
BMI is now divided into the following departments:

Station Relations Department
Logging Department
Cataloguing Department
Professional Department
.Arranging Department
Production Department
Editorial Department
Sales Department
."Vgency Relations Department
Research Department
Continuity Department
Public Relations Department

Statement of John G. Paine, General Manager of
ASCAP, before the Committee on Patents, House of Rep¬
resentatives, Alarch 26, 1936, page 564, of “Copyright
Hearings”:

“You can tune in any night — this is not a question of my per¬
sonal observation but it is the observation, I am sure, of every
single member of this committee — and you will be able to hear in
your own parlor w'ays and means of keeping yourself from smelling
bad, ways and means of regulating your bow'els and the bowels of
your family, ways and means of keeping your scalp from becoming
scurvy, and recommendations that you eat fungus of some kind
to keep yourself from having a pimply skin.

“I admit that you think I am crude and coarse and crass and
vulgar because I have said that. But that is radio.

“Radio does not have in its own business operation, in that
which it has created itself, one feature which will make it accept¬
able in your home or my home, one feature that lends a single
degree of respectability except what is created by the men and
women that you have heard dowm here opposing the bill. That is
what makes radio acceptable and that alone.”

That in a word is w'hat .ASC.AP’s General Alanager
thinks of the .American system of broadcasting . . . Thus
Air. Paine informs advertisers, their agencies and the
listening audience that Jack Benny, Fred Allen, Helen
Hayes, Lowell Thomas, Raymond Gram Swing, Walter
Winchell and Elmer Davis must use ASC.AP music before
they can even be called “acceptable” . . . that the
Aletropolitan Opera broadcasts, the programs of the New
York Philharmonic, “Great Plays,” “Invitation to Learn¬
ing” are without “a single degree of respectability” without
the creations of .ASC.AP composers!

NAB

CODE COMMITTEE TO MEET

Featured by a luncheon to be attended by outstanding
national and state officers of leading women’s and parents’

January 24, 1941 — 79

organizations, and by a luncheon-conference with repre¬
sentatives of the New York advertising agencies, the
NAB Code Compliance Committee will hold one of its
most important sessions since the inauguration of the
Code, Edgar Bill, WMBD, Chairman of the Committee
announced today. The meeting will be held at the Hotel
Roosevelt, New York City, February 4 and 5.

d'he women's luncheon is by way of fulfillment of a
promise made at a similar luncheon in the fall of 1939
when the Code Committee promised the organized women
of the country that it would conduct research and surveys
leading the way to improved standards for children’s
programs, both commercial and sustaining. Since that
time, the Radio Council on Children’s Programs has been
organized by the women, and, in cooperation with the
NAB, a nationwide survey has just been completed. iMrs.
Dorothy Lewis, vice chairman of the Council, who con¬
ducted the field work for the Council, will present the
findings.

The conference with New York advertising agency
people will be held in conjunction with the regular weekly
Broadcasters Bull Session at the Stouffers Restaurant at
12:30 Ik iM., Wednesday, February 5. Filling in the spot
usually occupied by the regularly scheduled weekly guest
speakers will be IMr. Bill, and Ed Kirby, retiring secretary
of the Code Compliance Committee, who will talk brietly
on a War Department jrolicies governing the origination
of commercially sponsored programs from Army posts. A
general discussion of the Commercial Section of the NAB
Code, with particular reference to time limitations, will
follow the usual luncheon period.

Paul Peter, N.\B Director of Research, and Russell
Place, NAB Counsel, who will serve as Secretary of the
Code Compliance Committee during f\Ir. Kirby's leave
of absence at the Ykir Department — both of wdiom have
been conferring with the on the development of

new types of time-contract — will be present to take part
in the discussions.

Members of the Code Compliance Committee as recently
appointed by Neville IMiller, NAB president, are:

Edsar T.. Itill, WMItl), Ecoria, Illinois — Chairman

HukIi a. 1>. Ilali'f, V/OAl, San Antonio, Texas

Earl J. ttlade, KSL, Salt Lake City, Utah

Henry F. Johnston, WSGN, BirmiiiKham, .Alabama

Gilson Gray, CBS, New York City

J. O. Maland, WHO, Dos Moines, Iowa

Frank Mullen, NBC, New York City

Calvin J. Smith, KF.AC, Los .Anpjeles, California

Theodore C. Slreiliert, MBS, New York City

Russell P. Place, N.\B, Washington, D. C. — Secretary

PEABODY A’WARDS

d'he Eniversity of (Georgia faculty committee wTdeh
will make the preliminary selections for the George Foster
Pealtody Radin .kwards has been announced by Dean
lohn Fk Drewry nf the Flenry W. Grady School of
Journalism, as folhaws:

Willett Alain Kempton, assistant professor of journal¬
ism; Miss Carolyn Vance, head, department of speech;
Edward C. Crouse, department of drama; Michael A.
McDowell, assistant professor of music; Dr. B. O. Wil¬
liams, professor and head of sociology department; and
Dr. Alerritt B. Pound, professor of history and govern¬
ment.

The recommendations of this faculty group will be pre¬
sented to the Advisory Board, which will make the final
selections and announcements at a time and place to be de¬
cided upon by its members, probably New York in March.

The Peabody Radio Awards were set up by the Regents
of the University System of Georgia with the cooperation
of the National Association of Broadcasters as a means
“whereby the oldest chartered state university would
recognize and encourage the social responsibilities of the
youngest of the media of communication — and also honor
a distinguished American.

Alembers of the xAdvisory Board are Chancellor S. V.
Sanford, University System of Georgia, ex oftreio; Bruce
Barton, president. Batten, Barton, Durstine, and Osborn,
advertising. New York City; John H. Benson, president,
American Association of Advertising Agencies, New York
City; Virginius Dabney, editor Richmond (Va.) Times-
Dispatch; Norman H. Davis, chairman, American Red
Cross, formerly acting secretary of state, etc., Washington,
D. C.; Jonathan Daniels, editor, Raleigh (N. C.) News
and Observer; Alark F. Ethridge, vice president and gen¬
eral manager, Louisville (Ky.) Courier-Journal and
Times; Waldemar Kaempifert, science editor. New York
Times; Alfred A. Knopf, publisher. New York City;
Grace Aloore, Aletropolitan Opera Company, New York
City; Dr. John W. Studebaker, United States Commis¬
sioner of Fklucation and chairman. Federal Radio Edu¬
cation Committee, Washington, D. C.; Airs. Alarjorie
Peabody Waite, daughter of George Foster Peabody,
“Amddo,” Saratoga Springs, New York; and Edward
Weeks, editor, Atlantic Alonthly, Boston, Alass.

1941 NAB REPORTS BINDERS

Binders for the 1941 NAB Reports were sent to all
NAB members on January 1. Additional binders may
be secured from NAB headquarters at a price of $1.00
each postpaid.

District Meetings

DISTRICT 15

The broadcasters of the Fifteenth District — Northern
California, Nevada and Hawaii — met in San Francisco,
on Saturday, January 18. Forty-four persons, repre¬
senting 21 stations, were in attendance.

80 — January 24, 1941

The NAB Staff was represented by C. E. Arney, Jr.,
and Harry Engel, Pacific Coast Manager of BMI, was
in attendance.

It was an enthusiastic meeting devoted for the most
part to a discussion of the music situation. The public
reaction to the transition from ASCAP music was re¬
ported by all present as extremely gratifying. Pull confi¬
dence was expressed in the ability of BMI to fulfil the
music requirements of the stations.

A brief discussion of the Code was had and it was
agreed that legislative proposals or proposed initiatives
or referenda as well as recall proceedings came within the
definition of Controversial public issues until they had
been qualified for the ballot in full accordance with
State law.

The election of a District Director for the ensuing two-
year term resulted in the unanimous endorsement of
Howard Lane and he is returned to the Board.

Those registered:

William B. Smullin, KIEM ; .4ivor Olson, KIEM; Lee Gold¬
smith, KSAN; Harold H. Meyer, KY.4; C. L. McCarthy, KQW;
Robert W. Dumm, KSFO; Wilt Gunzendorfer, KSRO; Howard
Lane, KFBK; Clyde F. Coombs, K.^RM; F. Wellington Morse,
KSL; Lou Keplinger, KSAN; R. V. Bence, KFRC; Eddie Calder,
KHUB; A. E. Nelson, KGO-KPO; Howard V. Walters, KDON;
Charles P. Scott, KTKC; Preston D. Allen, KLX; Arthur West-
lund, KRE; M. L. Bertsch, KHUB; Orel Phillips, KDON; Kay
Barr, KGO-KPO; Carl E. .Wienninger, KGO-KPO; Frank N. Cope,
KJBS; Fred Ruegg, KQW; Ray Lewis, KQW; John Brunton,
KQW; H. H. Wickersham, KJBS; Florence Crow'ell, KGO-KPO;
W. B. Ryan, KGO-KPO; Clare Patrick, KPO-KGO; Glenn R.
Dolberg, KGO-KPO; Will Thompson, Jr., KROY ; Keith Kerby,
KROW; Edward K. House, KROW ; S. H. Patterson, KSAN;
Don Hambly, KRE; Clifton Howell, KSFO; Wallace A. Gade.
KJBS; Walter H. Conw^ay, KMYC; Harry Engel, BMI; and M.
McKiney Selleman, SESAC.

DISTRICT 16

The Sixteenth District meeting in Los Angeles on Alon-
day, January 20th, attracted over 50 representatives of
17 broadcasting stations and incidental industries. Many
CBS, NBC and NBS officials attended.

In addition, Carl Haymond, KMO, Tacoma, Wash¬
ington; John Patt of WGAR, Cleveland, Ohio, and Leo
Pitzpatrick of WJR, Detroit, participated.

Present, too, was Harry Engel, JManager of BJITs
West Coast office; McKinley Sillerman, Station Relations
Manager of SESAC; Ralph Peer of Peer International;
Gerald King of Standard Radio; Pat Campbell of World
Broadcasting Service, as well as representatives of NBC
Thesaurus.

Carl Haverlin, Station Relations Alanager of Broad¬
cast Music, Inc., outlined the present status of BAII
catalogs and music availabilities.

A thorough discussion of methods by which broad¬
casters may avoid complications and continue to serve
public interest with good music was had.

C. E. Arney, Jr., of the Nf\B staff, detailed other NAB
activities.

Don Thornburg of KNX made a stirring appeal for
100 per cent membership, stating that NAB has demon¬
strated its effectiveness and was entitled to the universal
support of Broadcasters.

The following Resolution was adopted at the conclu¬
sion of the meeting:

“Resolved: That the N.AB members of the 16th District express
full and complete confidence in Broadcast Music, Inc., and commend
it for the manner in which it has provided an adequate supply of
acceptable music for the use of broadcasters. The evidence of the
acceptability of the music made available is testified by the public
acceptance which the musical programs, since January 1, 1941, have
received.”

The newspapers of Hollywood and Los Angeles where
ASCAP propagandists have been unusually active gave
unusually fine and fair treatment to the publicity emanat¬
ing from the Broadcasters meeting.

In addition, Los Angeles Advertising Club invited Mr.
.Arney to speak at its regular Tuesday noon meeting on
the 21st. His presentation of the Broadcasters’ side of
the music controversy was enthusiastically received.

Those registered:

S. I). Taylor, Don Otes, KFAC; Harrison Holliway, John I.
Edwards, Gian Heisch, Ernest Felix, Theresa .Aeger and Bernie
Smith, KFI-KECA; L. W. McDowell, KFOX; Leah McMahon and
John Babcock, KFSD; Hal Lea, KFVD; Gene W. Lee, KFXM ;
Lee Wynne and Helene Smith, KGER; Ben S, McGlashan, H. D.
Flancock, and Thelma Kinchner, KGFJ ; R, ,A, Shepher. KHJ ;

L. W. Peters and Wally McLain, KIEV; Carl E. Haymond, KMO;
Leo Fitzpatrick, Leo B. Tyson, Alan Cameron, and Bill Conrad,
KMPC ; \’ic Dalton and Lvman Smith, KMTR; D. W. Thorn¬
burgh, Hal Locke, Ben Paley, Harry W. Witt, KNX: L. A.
Schamblin, KPMC; John .Austin Driscoll and Hazel Ryan, KRKD ;
Ernest L. Spencer, KVOE ; John W. Swallon, Lew Frost, Alex¬
ander Petry, W. L. Marshall, Max Hutto, Don E. Gilman and
Sam Hayes, NBC; John F. Patt, WG.AR.

Harry Engel, Ralph Peer, .Artie Mehlinger, Rudy Block and Eddie
Jones, BMI: Pat Campbell, World Broadcasting System; Don
.Allen and Gerald King, Standard Radio; W. H. Beltz, RC.A; Dave
Gleckman, Broadcasting Magazine; .A, J. Schrade, Transco; F'. S.
Kollenberg and W. B, Hupple, Best Drug and llnited Cigar;

M, McKinley Sillerman, SES.AC ; and Speed Kendall, Los .Angeles
Times.

DISTRICT 17

Seventeenth District Broadcasters elected Harry R.
Spence of .Aberdeen, Washington, to a two-year term as
District Director at a meeting January 22 in Portland,
Ore.gon. This was largest meeting in District's history
with over 60 in attendance. Charles Couche, Sales Man¬
ager of KOIN, Portland, was named chairman of this
District's Sales Alanagers group. .A Resolution of appre¬
ciation for constructive service rendered by C. W. Alyers,
Retiring Director, was unanimously adopted.

Labor

NETWORKS, A. F. OF M. MAKE
CONTRACTS

CBS, NBC, WOR-WGN-Mutual have reached agree¬
ments with the American Federation of .Alusicians cover-

January 24, 1941 — 81

ing musicians at the network key stations in New York
and Chicago.

The New York agreements will continue in effect until
January 31, 1944. They provide, among other things,
that CBS will employ a minimum of 65 staff musicians;
NBC, 130 (115 during three consecutive months of the
year), and WOR, 40.

“Regular Hourly Rate”

There still seems to be some confusion in the industry
about how to determine the “regular hourly rate” of
employees covered by the Wage and Hour law.

The regular hourly rate of salaried employees is de¬
termined tw’o ways.

(1) For those employees who work a regular number
of hours each week and whose salary, by custom or
agreement , covers those hours. Divide the weekly salary
by the number of hours in the regular work week. These
employees are entitled to one and one-half times this
rate, extra, for each hour they work above 40 each week.

(2) For those employees whose hours fluctuate each
week, or nearly every week, and who were hired with the
understanding that their regular weekly salary was to
cover a fluctuating number of hours. Each week, divide
the weekly salary by the number of hours worked that
week. These employees are entitled to that rate for each
hour they work, plus one half of that rate for each hour
they work above 40.

Any further questions about this will be answered
gladly by the NAB Labor Relations Department.

Engineering

FREQUENCY REALLOCATION

The chief technical representatives from Canada, Cuba,
Haiti, the Dominican Republic, Mexico and the United
States, who are attending a regional broadcasting con¬
ference in Washington announced Wednesday that the
technical committee of the conference, which is meeting
at the Federal Communications Commission, is making
very satisfactory progre.ss in the solution of the engineer¬
ing details arising from the radio frequency notifications
of the various Governments which are parties to the
North American Regional Broadcasting Agreement, Ha-
bana, 1937. While some rectifications of a minor char¬
acter are required in the various notifications by reason
of unavoidable conflicts of an engineering nature, all
delegates are most optimistic of an early solution.

The work of the technical committee involves the as¬
signment of frequencies in the standard broadcast band
to nearly 1300 radio broadcasting stations in the North
American region, so that these stations may operate simul¬

taneously with a minimum of interference to their re¬
spective services.

This constitutes an engineering problem which requires
consideration of each separate frequency assignment.
Obviously, no valid statement of frequency assignments
can be made until the work of the committee has been
completed and referred back to the conference as a whole
which holds its plenary sessions at the Department of
State.

The FCC notified the State Department last September
that the reallocation of frequencies in this country would
go into effect March 29, 1941 (NAB Reports, 1940,
p. 4571).

OHIO STATE CONFERENCE

Indications are that there will be a record attendance
at the Fourth Ohio State Broadcast Engineering Confer¬
ence to be held at Ohio State University at Columbus,
February 10-21.

Dr. Everitt, Director of the Conference, has assembled
an unusually fine group of speakers and lecturers for the
Conference.

Those who would like to submit questions concerning
FCC engineering matters to be discussed at the confer¬
ence are asked to submit the questions in advance. The
questions will be discussed during the “General Discussion
and Question Box” conducted by Andrew D. Ring, Assist¬
ant Chief Engineer of the FCC in charge of broadcasting,
on Wednesday and Thursday, February 12 and 13.

Engineers are also asked to submit in advance ques¬
tions on FM which they would like to hear discussed dur¬
ing the “Round Table on FM Problems” to be held on
Thursday and Friday, February 20 and 21. The Chair¬
man of this Round Table will be Paul deMars of the
Yankee Network. E. J. Content of WOR and Dan Gel-
lerup of WTMJ will also be at the table.

Engineers who would like to submit questions for dis¬
cussion during either of these two periods, are asked to
submit them to the Director of Engineering at NAB head¬
quarters.

Further information and details concerning the Engi¬
neering Conference can be obtained by addressing Dr. W.
L. Everitt, Director of the Conference, Ohio State Uni¬
versity, Columbus, Ohio.

Sales

TRADE STUDY ON LAUNDRIES

“Results from Radio,” Vol. 2, No. 1, has gone out to all
members from the NAB Bureau of Radio Advertising.

82 — January 24, 1941

The current study, which is the eleventh to be released
by the Bureau since its inception a year and a half ago,
tells the success story of the Model Laundry in using
radio extensively over WIOD, Miami.

With 65% of its total ad budget devoted to radio. Model
reports sales up 95% in four years. In a letter to Mr.
Richard Porterfield, Carlton-Porterfield Agency, in charge
of the account. Model states, “. . . we firmly believe radio
has done the job for us.” The letter and full details of
Model’s extensive use of radio are included in the study.

Extra copies of the “Results from Radio” folders are
available to NAB members on request.

Legislation

JOHNSON BILL

Senator Johnson (D.-Colo.) on Thursday reintroduced
his bill (S. 517) which would amend the Communications
Act to prohibit the advertising of alcoholic beverages by
radio.

The broadcasting industry was very much interested in
this bill at the last session of Congress and undoubtedly
will be at the present session. At the last session the bill
was favorably reported by the Senate Committee on Inter¬
state Commerce and was on the Senate Calendar. The
Johnson Bill, which has the same number that it had at
the last session of Congress, has been referred to the
Committee on Interstate Commerce.

FEDERAL LEGISLATION

HOUSE

H. R. 2526 (Water, D., Penna.) — To govern practice before
Federal administrative agencies. Referred to Committee on Judi¬
ciary.

STATE LEGISLATION

California:

A. 229 (Voigt) BOOKING AGENTS AND AGENCIES— An
act regulating and licensing booking agents and booking agencies.
Referred to Committee on Labor and Capital.

A. 435 (Maloney) CHILD LABOR — Permits minors to work
at night in theatrical and radio productions. Referred to Com¬
mittee on Labor.

A. 436 (Maloney) CHILD LABOR — Permits minors to work
at night in theatrical and radio productions. Referred to Com¬
mittee on Labor.

.A. 437 (Maloney) CHILD L.ABOR — Permits minors to work
at night in theatrical and radio productions. Referred to Com¬
mittee on Labor.

A. 508 (Cronin) EMPLOYMENT AGENCIES— Requires a
$2,000 surety bond for all employment agencies. Referred to Com¬
mittee on Labor.

A. 509 (Cronin) EMPLOYMENT — Requires a $100 fee for all
employment agencies and labor contractors. Referred to Com¬
mittee on Labor.

S. 331 (Biggar) L.ABOR — MINORS — Permits minors to work
evenings in theatrical and radio productions. Referred to Com¬
mittee on Labor.

S. 332 (Biggar) LABOR — MINORS — Permits minors to work
evenings in theatrical and radio productions. Referred to Com¬
mittee on Labor.

S. 333 (Biggar) LABOR — MINORS — Permits minors to work
evenings in theatrical and radio productions. Referred to Com¬
mittee on Labor.

Colorado:

S. 276 (Hirschfeld) LIBEL — Relating to libel and slander.
Referred to Committee on Judiciary.

S. 292 (Hirschfeld) LIBEL — Relating to libel, protecting citi¬
zens in their legal rights, fixing penalties and establishing cause of
action. Referred to Committee on Judiciary.

S. 293 (Hirschfeld) LIBEL — Relating to libel, protecting citi¬
zens in their legal rights and fixing penalties and establishing cause
of action. Referred to Committee on Judiciary.

S. 294 (Hirschfeld) LIBEL — Relating to libel, protecting citi¬
zens in their legal rights and fixing penalties and establishing cause
of action. Referred to Committee on Judiciary.

S. 584 (Elder) MUSIC COMPOSERS LICENSES— An act con¬
cerning the regulation and use in public performance of vocal and
instrumental music and provides for the licensing of authors, com¬
posers and publishers.

Georgia :

H. 10 (Evans, et al.) -RADIO COMMISSION — To repeal an
Act approved March 30, 1937, establishing the Georgia Radio
Commission. Referred to Committee on State of Republic.

S. 8 (Redwine, et al.) RADIO COMMISSION — To repeal an
Act approved March 30, 1937, establishing the Georgia Radio
Commission. Referred to Committee on State of Republic.

Michigan:

H. 35 (M. O'Brien, et al.) EMPLOYMENT AGENCIES—
.4mends C. L. 8603 by limiting employment agencies fees from an
employee to 10 per cent of first month’s salary. Referred to Com¬
mittee on Labor.

New York:

A. 204 (Crews) EMPLOYMENT AGENCIES— DISCRIMI¬
NATION — Prohibits discrimination by employment agencies on
account of race, color or religion and authorizes ssupension or
revocation of license for violation. Referred to Committee on
Judiciary.

A. 214 (Schwartz) EMPLOYMENT AGENCIES— Regulates
private fee-charging employment agencies and appropriates
$40,000 to labor dept. Referred to Committee on Ways and Means.

S. 175 (Phelps) PROPAGANDA — Prohibits dissemination, cir¬
culation or publication of propaganda or statements by book,
newspaper, speech, radio or other means of communication, to
create hatred, violence or hostility against people of this state by
reason of their race, color, religion or manner of worship, and fixes
penalties for violations. Referred to Committee on Codes.

North Carolina:

H. 11 (Same as S. 11) (Bryant) REVENUE ACT AMEND¬
MENTS — Amends and supplements the Revenue Act of 1939, Chap.
158. Amends following taxes: Inheritance, License, Franchise,
Income, Sales, Intangibles, Compensating Use, General Adminis¬
tration. Referred to Committee on Finance.

S. 11 (Same as H. 11) (McBryde) REVENUE ACT AMEND¬
MENTS — Amends and supplements the Revenue Act of 1939, Chap.
158 of the Public Laws. Amends following taxes: Inheritance,
License, Franchise, Income, Sales, Intangibles, Compensating Use,
General Administration. Referred to Committee on Finance.

Oklahoma:

li. 14 (Meskovsky, et AL.) SALES BELOW COST — To pro¬
hibit the selling of items of merchandise below cost as a trade
leader. Referred to Committee on Labor and Arbitration.

Tennessee:

S. 201 (Headden, et al.) TAX— RADIO STATIONS— Provides
for 3 per cent gross receipts tax on radio stations.

FEDERAL COMMUNICATIONS
COMMISSION

“Tlie public interest — nut the private — is paramount”
in radio broadcasting declared the FCC in renewing the

January 24, 1941 — 83

license of the Yankee Network, Inc., station WAAB at
Boston with a reprimand for past practices and, at the
same time, denying the application of the Mayflower
Broadcasting Corp., for a new station in the same city to
take over WAAB’s present operating facilities of 1410
kilocycles with power of 500 watts night and 1 kilowatt
day, unlimited time.

“Under the American system of broadcasting,” says
the Commission in its decision and order (B-107), “it is
clear that responsibility for the conduct of a broadcast
station must rest initially with the broadcaster. It is
equally clear that with the limitations in frequencies in¬
herent in the nature of radio, the public interest can never
be served by a dedication of any broadcast facility to the
support of . . . partisan ends. Radio can serve as an
instrument of democracy only when devoted to the com¬
munication of information and the exchange of ideas fairly
and objectively presented. . . . Freedom of speech on the
radio must be broad enough to provide full and equal
opportunity for the presentation to the public of all sides
of public issues.”

The Commission by unanimous decision (Commissioner
Thompson absent), affirmed its Proposed Findings of Fact
and Conclusions of May 31 last, which held that the
Mayflower Broadcasting Corp. was not shown to be
financially qualified and, moreover, made misrepresenta¬
tions in its application, but observed with respect to the
Yankee Network station in the light of subsequent oral
argument:

“The record shows without contradiction that beginning early
in 1937 and continuing through September, 1938, it was the policy
of Station WA.^B to broadcast so-called editorials from time to
time urging the election of various candidates for political office
or supporting one side or another of various questions in public
controversy. In these editorials, which were delivered by the
editor-in-chief of the station’s news service, no pretense was made
at objective, impartial reporting. It is clear — indeed the station
seems to have taken pride in the fact — that the purpose of these
editorials was to win public support for some person or view
favored by those in control of the station,

“The material in the record has been carefully considered and
compels the conclusion that this licensee during the period in
question has revealed a serious misconception of its duties and
functions under the law. Under the American system of broad¬
casting it is clear that responsibility for the conduct of a broadcast
station must rest initially with the broadcaster. It is equally clear
that with the limitations in frequencies inherent in the nature of
radio, the public interest can never be served by a dedication of
any broadcast facility to the support of his own partisan ends.
Radio can serve as an instrument of democracy only when devoted
to the communication of information and the exchange of ideas
fairly and objectively presented. A truly free radio cannot be
used to advocate the causes of the licensee. It cannot be used to
support the candidacies of his friends. It cannot be devoted to
the support of principles he happens to regard most favorably. In
brief, the broadcaster cannot be an advocate.

"Freedom of speech on the radio must be broad enough to
provide full and equal opportunity for the presentation to the

public of all sides of public issues. Indeed, as one licensed to
operate in a public domain the licensee has assumed the obligation
of presenting all sides of important public questions, fairly, objec¬
tively, and without bias. The public interest — not the private — is
paramount. These requirements are inherent in the conception
of public interest set up by the Communications Act as the criterion
of regulation. And while the day to day decisions applying these
requirements are the licensee’s responsibility, the ultimate duty to
review generally the course of conduct of the station over a period
of time and to take appropriate action thereon is vested in the
Commission.

“Upon such a review here, there can be no question that The
Yankee Network, Inc., in 1937 and 1938 continued to operate in
contravention of these principles. The record does show, however,
that in response to a request of the Commission for details as to
the conduct of the station since September, 1938, two affidavits
were filed with the Commission by John Shepard, 3rd, President
of The Yankee Network, Inc. Apparently conceding the departures
from the requirements of public interest by the earlier conduct of
the station, these affidavits state, and they are uncontradicted, that
no editorials have been broadcast over Station WA.^B since Sep¬
tember, 1938, and that it is not intended to depart from this un¬
interrupted policy. The station has no editorial policies. In the
affidavits there is further a description of the station’s procedure
for handling news items and the statement is made that since Sep¬
tember, 1938, ‘no attempt has ever been or will ever be made to color
or editorialize the news received’ through usual sources. In response
to a question from the bench inquiring whether the Commission
should rely on these affidavits in determining whether to renew
the licenses, counsel for The Yankee Network, Inc., stated at the
second argument, ‘There are absolutely no reservations whatsoever,
or mental reservations of any sort, character or kind with reference
to those affidavits. They mean exactly what they say in the fullest
possible amplification that the Commission wants to give to them.’ ’’

“Relying upon these comprehensive and unequivocal representa¬
tions as to the future conduct of the station and in view of the
loss of service to the public involved in the deletion of this station,
it has been concluded to grant the applications for renewal. Should
any future occasion arise to examine into the conduct of this
licensee, however, the Commission will consider the facts developed
in this record in its review of the activities as a whole.”

Adds the Commission:

“One further point must be dealt with in view of certain con¬
tentions made in the course of this proceeding. It has been pointed
out that The Yankee Network, Inc., is also the licensee of a second
regional station in Boston, Station VVNAC, and the contention has
been made that the applications for renewal for WA.4B should,
therefore, be denied. This argument raises a serious and trouble¬
some question of policy to which the Commission has given con¬
siderable attention and which is presently under consideration in
connection with the Commission’s investigation into chain broad¬
casting. The question is peculiarly one which cannot be effectively
and fairly dealt with by singling out individual instances for treat¬
ment. It should be understood, therefore, that the grant of these
applications of The Yankee Network, Inc., for renewal is without
consideration of the question of dual ownership. The Commission
will reserve its decision on that point until such time as it is pre¬
pared to consider a more general policy for application on a
country-wide basis.”

The renewal grant includes WAAB’s main and auxiliary
transmitters.

84 — January 24, 1941

FCC TELEVISION REPORT

The FCC will meet with the National Television Systems Com¬
mittee on Monday, January 27, at which time the latter will make
a progress report on its study of the television situation.

The conference, which is not in the nature of a hearing but will
be open to the public, will be held in Hearing Room A of the
Interstate Commerce Commission Building, starting at 10 a. m.
The various panels assigned to specific studies will report through
their respective chairmen.

The National Television Systems Committee, comprising engi¬
neers representative of the industry, was created July 31, 1940,
by the Radio Manufacturers Association in cooperation with the
Commission for the purpose of exploring existing television systems
with a view to developing and formulating standards which w'ould
be acceptable to the industry as a whole and so expedite the in¬
auguration of a basically sound national television system.

As a preliminary to receiving this over-all report of the National
Television Systems Committee, members of the Commission will
visit New York Friday, January 24, for the purpose of witnessing
various demonstrations of late television developments.

INTERNATIONAL BROADCAST
STATIONS

The FCC has extended to July 1 next the time in which inter¬
national broadcast stations in this country must operate on power
of at least SO KW. This is the minimum power deemed necessary
by the Commission to render satisfactory international service,
particularly to South America.

This extension has been granted in view' of the fact that 11 of
these stations have construction permits authorizing installation of
new equipment but plead that time has not permitted completion
of the w'ork. The single exception is WCAB, Newton Square, Pa.,
licensed to the VVCAU Broadcasting Co., which w'ill be deleted
upon erection of a new international broadcast station by the
Columbia Broadcasting System to supplant WCAB.

All international stations will be expected to conform to the
minimum pow'er requirement during this period, as no further
extension of time is contemplated.

LICENSE REVOCATIONS

The FCC has authorized issuance of orders to revoke the licenses
of radio broadcast stations WTMC and WDLP, in Ocala and
Panama City, Florida, respectively.

False testimony and concealment of ownership are charged.

Investigation disclosed that in both cases the actual operator
is John H. Perry, of New York and Florida, who owns the Panama
City News-Herald, the Pensacola New's-Journal, and the Jackson¬
ville Journal.

Inquiry was instituted when applications were made to transfer
control of these stations to Perry properties. Station WTMC,
which operates on 1500 kilocycles with 100 watts pow'er, is licensed
to the Ocala Broadcasting Co., Inc., of w'hich John T. Alsop, Jr.,
of Jacksonville, was declared to be the principal ow'ner. Transfer
was sought to the Pensacola News-Journal Co.

Station WDLP, operating on 1200 kilocycles with 250 watts
power by day and 100 watts at night, is licensed to the Panama
City Broadcasting Company, which sought transfer to the Bay
County Publishers, Inc., a wholly owned subsidiary of the Pensa¬
cola News-Journal Company which publishes the Panama City
News-Herald.

The revocation orders allege that the real party in interest from
the outset in the present licensees has been Perry, and that his

interest in the licensees has been deliberately concealed from the
Commission.

UNLICENSED OPERATOR CAUGHT

Field inspectors of the FCC’s Huntington. W. Va., office, acting
in cooperation with the local Flnited States Marshal, apprehended
at Hubbell, that state, a youth who is alleged to have engaged in
unlicensed broadcast which caused interference to authorized radio
programs.

Using the non-existent call letters WBBQ, this offender trans¬
mitted entertainment that "collided” with regular services. Ama¬
teurs, particularly, complained of the resultant interference.

The illegal station, which used a transmitter of approximately
25 watts and a steel vertical radiator, w'as located by means of the
Commission’s new' direction finding equipment.

The operator has been charged with violation of Sections 301
and 318 of the Communications Act.

FROM THE FCC MAIL BAG

doctor inquires about requirements that broadcast program
continuities regarding foods be submitted to medical authorities
prior to transmission. The Federal Communications Commission
has no such regulations. Existing legislation places the initial
responsibility for the selection of program material upon the indi¬
vidual stations. The Commission, however, will consider specific
complaints regarding broadcast material in connection with a
station’s renew'al of license. The National Association of Broad¬
casters has a code of ethics for the guidance of broadcasters, and
many of its provisions deal with advertising. The Federal Trade
Commission is the Government agency vested with authority to
consider matters involving misrepresentations or fraudulent meth¬
ods of competition in interstate commerce.

Various inquirers are informed that there is no provision in the
Communications Act, nor has the Commission promulgated any
rule or regulation, specifically concerning the solicitation of new
bank accounts by radio, or the broadcast of grain price quotations.

A New' York firm w'ants to know whether an additional charge
may ire made for broadcasting a program by means of FM simul¬
taneously with the same program over standard broadcast facilities.
The provisions of the Communications Act which authorize the
Commission to pass on the amount of charges for communications
service relate to common carriers only. A person engaged in radio
broadcasting is not deemed a common carrier under this statute.
Hence the Commission has no say in individual program rate
charges.

.A letter requests "forms” to be used in making complaint con¬
cerning alleged violations of law by a radio station. The Com¬
mission does not have or supply forms for this purpose. The
person is told that he may summarize and submit to the Commis¬
sion, in an affidavit executed before a notary public, any facts in
his jiossession to support his complaint. Such affidavit should,
among other things, state the type of station referred to. its call
letters and location ; the name of the owner and operator ; the
various dates and, as nearly as possible, the definite time the alleged
violations were committed. This information should be accom¬
panied by the names and post office addresses of witnesses, together
with a brief summary of the facts to w'hich they would testify.

•A lawyer who asks about the effect of designating applications
for broadcast facilities for hearing on the same day is advised:

Such action does not in and of itself operate to consolidate the
hearings on these two applications, nor does it have the effect of
making each applicant an intervener in the hearing on the other’s

January 24, 1941 — 85

application. Section 1.194 of the Commission’s Rules of Practice
and Procedure provides:

“The Commission, upon motion, or upon its own motion,
will, where such action will best conduce to the proper dis¬
patch of business and to the ends of justice, consolidate for
hearing (a) any cases w'hich involve the same applicant or
arise from the same complaint or cause, or (b) any applica¬
tions which by reason of the privileges, terms or conditions
requested present conflicting claims of the same nature.”

Where the Commission orders a consolidation of the hearing on
two or more applications, such order has the effect of permitting
the respective applicants to participate in the hearing on the other
application or applications.

If participation is desired by either applicant in the hearing on
another’s application, a petition to intervene or a motion to con¬
solidate the hearings may be presented to the Commission. If it
is proposed to file a petition to intervene, attention is called to
Section 1.102 of the Commission’s Rules of Practice and Procedure
and to the Commission’s decision dated September 29, 1939, inter¬
preting this rule, (In re Hazlewood, Inc., Docket No. 5698.) In
the event of intention to file a motion to consolidate these hearings,
the motion should show wherein these applications “present con¬
flicting claims of the same nature,” and, also, that consolidation
“will best conduce to the proper dispatch of business and to the
ends of justice.”

It should be pointed out that neither intervention in nor con¬
solidation of hearings on conflicting applications is necessary to a
comparative consideration of such applications by the Commission.
Comparative consideration can be given by the Commission in such
cases notw'ithstanding the fact that separate hearings are held and
the applicants do not intervene in each other’s hearing. Nor does
consolidation of hearings necessarily mean that simultaneous action
on the conflicting applications will be taken by the Commission
where a proper dispatch of business and the ends of justice require
separate action.

Reply to a number of inquiries states that as of January 1 there
were 831 standard broadcast stations licensed and 51 outstanding
construction permits.

BROADCAST MEASUREMENTS

During December FCC experts measured 720 broadcast stations
with 155 not measured.

Of the 720, 669 stations showed a maximum deviation within
0-10 cycles; 49 stations a maximum deviation of 11-25 cycles; 2
stations wdth a maximum deviation within 26-50 cycles. No sta¬
tions showed a deviation over either 20 or 50 cycles.

FEDERAL COMMUNICATIONS
COMMISSION DOCKET

Follo-wing broadcast hearings are scheduled to be heard
by the Commission during the week beginning Monday,
January 27. They are subject to change.

Monday, January 27

NEW — Edward J. Doyle, Rochester, N. Y. — C. P., 1340 kt'., 1 KW
night, 1 KW day,' unlimited, D.'\ day and night,

Thursday, January 30

NEW — William D. Hudson and Violet Hutton Hudson, Clarks¬
ville, Tenn. — C. P., 1370 Uc., 250 watts, unlimited time.

FUTURE HEARINGS

During the [last week the Commission has announced
the following future dates for broadcast hearings. They
are suliject to change.

Ffebruary 13

NEW — Edward J. Doyle, Rochester, N. Y. — C. P., 1340 kc., 1 KW,
unlimited, DA day and night.

WSAY — Brown Radio Service & Laboratory (Gordon P. Browm,
Owner), Rochester, N. Y. — C. P., 134(1 kf., 1 KW, un¬
limited, DA day and night.

March 4

KFEQ — KFEQ, Inc., St. Joseph, Mo. — C. P., 080 kc., 5 KW, un¬
limited, D.A day and night,

KWK — Thomas Patrick, Inc., St. Louis, Mo. — C. P., 680 kc., 50
KW, unlimited, DA day and night.

KMBC — Midland Broadcasting Co., Kansas City, Kans, — C, P.,
61)0 kc.. 50 KW, unlimited, D.A night; requests facilities of
KGGF, KFEQ and WNAD as proposed bv N.A.R.A.

KOMA— KOMA, Inc., Oklahoma City, Okla.— C. P., 6!)0 kc.. 50
KW, unlimited, D.A night.

KGGF — Hugh J. Powell, Coffeyville, Kans. — C. P., 690 kc., 5 KW,
specified hours, D.A night.

March 12

NEW — Thumb Broadcasting Company, Brown City, Mich. — C. P.,
600 kc., 250 watts daytime.

March 21

KFJI — KFJI Broadcasters, Inc., Klamath Falls, Ore. — C. P., 600
kc., 500 watts night, 1 KW LS.

FEDERAL COMMUNICATIONS
COMMISSION ACTION

APPLICATIONS GRANTED

Farnsworth Television and Radio Corp., Fort Wayne, Ind. —
Granted construction permit for a new' research and experi¬
mental television broadcast station to operate on frequencies
66000-73000 kc. (Channel No. 3), 1 KW aural and visual
power, .A3 and .A5 emission (B4-PVB-48).

KGW — Oregonian Publishing Co., Portland, Ore. — Granted con¬
struction permit to install directional antenna for day and
night use and increase nighttime power from 1 to 5 KW ;
620 kc., 5 KW day, unlimited time (BS-P-2954).

WSUN — City of St. Petersburg, St. Petersburg, Fla. — Granted
modification of license to change hours of operation from
specified hours to unlimited time; 620 kc., 5 KW, using
directional antenna at night (facilities of WFLA) (B3-ML-
1045).

WBZ — Westinghouse Electric & Manufacturing Co., Boston, Mass.
— Granted reinstatement of construction permit (Bl-P-2161
as modified) to install new transmitter and directional an¬
tenna system for day and night use and to move transmitter
to a new site about 12 miles southeast of Boston (Bl-P-
2998).

WM.AZ — Southeastern Broadcasting Co., Inc., Macon, Ga. —
Granted modification of license to change hours of operation
from L-KOB to unlimited and power from 1 KW night,
5 KW to local sunset, to 5 KW day, 1 KW from local sunset
lo sunset at KOB and 250 watts after sunset KOB ; 1180
kc. (B3-ML-1037).

KWLC — Luther College, Decorah, Iowa. — Granted construction
permit to change frequency from 1270 to 1310 kc. ; increase
hours of operation from daytime only share KGCA, to day¬
time; increase power from 100 to 250 watts; install new
transmitter and move transmitter site locally to 0.146 mile
from present site.

WTMA — .Atlantic Coast Broadcasting Co., Charleston, S. C. —
Granted construction permit to move transmitter site; in¬
stall new equipment; install directional antenna system for
night use; change frequency from 1316 kc. to 1226 kc.;
increase [Knver from 250 watts to 1 KW, unlimited time
(B3-P-2985).

WEBC — Head of the Lakes Broadcasting Co., Duluth, Minn. —
Granted construction permit to increase night power from

86 — January 24, 1941

1 to S KW, and install directional antenna system for night
use; 13!)() kc., unlimited time, 5 KW day (B4-P-2821).

WJAS — Pittsburgh Radio Supply House, Pittsburgh, Pa. — Granted
construction permit to install directional antenna for night
use and increase night power from 1 to 5 KW; kf.,

unlimited time, S KW day, subject to approval of antenna
and transmitter site (B2-P-2947).

DESIGNATED FOR HEARING

WLAK — J. P. Marchant, D. J. Carey, Melvin Mayer (Transferor),
The Tribune Company (Transferee), Lakeland, Fla. — Ap¬
plication for authority to transfer control of Lake Region
Broadcasting Co., Inc., licensee of station WLAK, to The
Tribune Company; 1310 ke., 250 watts, unlimited time.
The transfer involves 98/100 of capital stock of licensee
corporation for a consideration of $12,500 (B3-TC-255 ).

Granite District Radio Broadcasting Co., Murray, Utah. — Appli¬
cation for new station to operate on 1500 kf., 250 watts,
unlimited time ; transmitter location and antenna system to
be determined subject to Commission approval (B5-P-27S0).

WSOY — Commodore Broadcasting, Inc., Decatur, Ill. — Applica¬
tion for construction permit to move transmitter southeast
of Decatur; make changes in equipment; change frequency
from 1310 ke. to 1300 kc.; increase power from 250 watts
to 1 KW night, S KW LS ; and install directional antenna
for night use (B4-P-,i028) .

KSFO — The Associated Broadcasters, Inc., San Francisco, Calif. —
Application for construction permit to change frequency
from 560 kc. to 740 kc. (under NARB.A) ; increase power
from 1 KW night, S KW day, to 50 KW ; move transmitter
site locally to southwest of Alvarado, Calif.; install new
transmitting equipment and directional antenna for both
davtime and nighttime use (BS-P-2776).

KWBG-^The Nation’s Center Broadcasting Co., Hutchinson, Kans.
— Application for authority to transfer control of corporation
from W. B. Greenwald (Transferor) to O, L. Taylor 50%,
William Wyse 49.9%, Wesley E. Brown, 0.1% of capital
stock, for a cash consideration of $40,000; 1430 kc., 100
watts, unlimited time (C. P. for 250 watts) (B4-TC-2S1).

KFIO — Spokane Broadcasting, Corp., Spokane, Wash. — Granted
special temporary authority to operate from local sunset
(January, 4:30 p. m., PST) to the conclusion of high school
basketball games on January 14, 16, 21, 23, 26, and 30,
1941, in order to broadcast said games only; from 7:15
p. m., PST, to the conclusion of college basketball games
on January 17, 18, 21, 22, 24, 25, February 1, 7 and 8,
1941, in order to broadcast said games only.

KFQD — Anchorage Radio Club, Inc., .Anchorage, .Alaska. — Granted
special temporary authority to operate unlimited time for
the period February 18, 1941 to not later than February
22, 1941, in order to broadcast annual event known as The
Fur Rendezvous.

WJOB — O. E. Richardson and Fred L. .Adair, Hamm.ond, Ind. —
Granted special temporary authority to operate simultane¬
ously with Radio Station Vv^F.AM from 7:30 p. m., CST, to
the conclusion of high school basketball games on January
17, 24, 31, February 7, 14, 1941, in order to broadcast
said games only.

W9XBK — Balaban S: Katz Corp., Chicago, Ill. — Granted extension
of special temporary authority to operate two transmitter
units to be installed and operated from the State-Lake
Bldg., Chicago, Ill.; Link Transmitter Type No. 50-UTX
with 100 watts power for visual and Link Transmitter Type
No. 2S-LTBX 25 watts power to be used for aural; tem¬
porary steel tower to be used on roof of said building, in
order to conduct tests, for the period January 19, 1941
to not later than February 17, 1941, in accordance with
construction permit (File No. B4-PVE-S0).

WDBJ — Times-World Corp., Roanoke, Va. — Granted modification
of construction permit which authorized installation of
directional antenna for night use and increase in power, for
approval of transmitter location at present licensed site,
and approval of directional antenna as specified under con¬
struction permit ; !)3(l kc., 5 KW, unlimited time, directional
antenna night (B2-MP-1136).

W2XAG — Carman R. Runyon, Jr., A^onkers, N. Y. — Granted
special temporary authority to operate a high frequency
experimental broadcast station on 1I71!)6 kc., 5000 watts
power, special emission for frequency modulation, with
transmitter located at 544 North Broadway, Yonkers, N. Y.,

and described as: Composite, maximum rated carrier power
5000 watts for a period ending in no event later than March

I, 1941.

WlOXR — National Broadcasting Co., Inc., New A^ork, N. A'. —
Granted special temporary authority to operate develop¬
mental broadcast station WlOXR on the frequenev 39460
kc., using frequency modulation with a maximum swing of
IS kilocycles, as a relay broadcast station in connection with
remote program pickup service preliminary to and during
the Presidential Inaugural Ceremonies in Washington, D. C.,
for the period beginning January 18, 1941, to not later than
January 20, 1941, in order to permit Commission personnel
to observe the performance of this type equipment and to
conduct program service during the Inaugural Ceremonies,

KIDW — Lamar Broadcasting Co., Lamar, Colo. — Granted special
temporary authority to remain silent for the period ending
not later than March 30, 1941 from 9:30 p. m. to midnight
MST pending submission of application for change of fre¬
quency to comply with the Havana Treaty.

WB.A.A — Purdue University, West Lafayette, Ind. — Granted spe¬
cial temporary authority to operate from 7:15 p. m. to
9:30 p. m., (/ST, on February 1, 3, 8, 17, 22, 24, from
6:30 p. m. to 9:30 p. m.', February 15, from 7 p. m. to
12 p. m., February 19, from 7 p. m. to 11 p. m., February
27, from 10 a. m. to 11 a. m., February 28, from S p. m.
to 6 p. m., February 28, and from 7 p. m. to 10 p. m., CST,
February 28, 1941, in order to broadcast Golden Gloves
Finals, High School Sectional Tourney, and Purdue Uni¬
versity basketball games only.

VA'COP — Massachusetts Broadcasting Corp., Boston, Mass. —
Granted special temporary authority to operate from local
sunset (January, 4:30 p. m. EST) to 5:15 p. m., EST,
January 18 and 25, 1941, in order to broadcast a program
of the National Youth .Administration only.

WINS — Hearst Radio, Inc., New York, N. AA — Granted sjiecial
temporary authority to operate from sign off (January,
7:15 p. m., EST) January 25, 1941 to 1 a. m., EST, January
26, 1941, in order to broadcast the Metropolitan Opera
perform.ance of “Daughter of the Regiment” for the benefit
of the Free Milk Fund for Babies.

KTHS — Hot Springs Chamber of Commerce, Hot Springs National
Park, .Ark. — Denied special temporary authority to operate
from midnight to 1 a. m., CST, for a period not to exceed
30 days, in order to broadcast a variety program.

WPIC — Sharon Herald Broadcasting Co., Sharon, Pa. — Denied
special temporary authority to operate from 7:30 p. m.,
EST, to conclusion of addresses following the banquet for
Pennsylvania State Commanders of .American Legion on
January 22 in order to broadcast said addresses only.

WKZO — WKZO, Inc., Kalamazoo, Mich. — Granted construction
permit to install new directional antenna for night use (B2-
P-3060).

WBRY — American-Republican, Inc., Waterbury, Conn. — Granted
modification of construction permit (Bl-P-2756) which
authorized changes in directional antenna, installation of
new transmitter and increase in power, for extension of
commencement date from Dec. 22/40 to Jan 22/41 (Bl-
MP-1138).

WRC — National Broadcasting Co., Vv^ashington, D. C. — Granted
modification of construction permit (B1-P-24S) which au¬
thorized increase in power and installation of directional
antenna for night use, for extension of completion date to
March 5/41 (Bl-MP-1139) .

RLS Wainer Brothers, Oakland, Cal. — Granted modification of
construction permit (B5-P-2826 which authorized increase
in power, changes in antenna and installation of new trans¬
mitter), for installation of new transmitter (B5-MP-1140) .

WGIL— Galesburg Broadc.asting Co., Galesburg, Ill.— Granted
authority to determine operating power by direct measure¬
ment of antenna input (B4-Z-631).

Lehigh A'alley Broadcasting Co., Portable-Mobile, area of .Allen¬
town, Pa. — Granted construction permit for new relay broad¬
cast station to be used with applicant’s broadcast stations
WCB.A and WS.AN ; frequencies 1633, 3658, 315(1, 3796 kc.,
3 watts.

Jack R. Butler, West Palm Beach, ITa. — Granted special temporary
authority to operate ship transmitter aboard yacht Duchess

II, call letters WPA’W, on frequency 3796 iic., for period
January 19 to Februar>- 9, in order to relay broadcast the
Silver Sailfish Derby to station WJNO and make recordings
at the studio in West Palm Beach.

January 24, 1941 — 87

National Broadcasting Co., Inc., New York, N. Y. — Granted spe¬
cial temporary authority to transmit to Cuban Station
CMQ for rebroadcast by that station Spanish Program
entitled “Life of Desi Arnaz with Songs and Music” trans¬
mitted by International Broadcast Station WRCA from
y:l,s p. m. to 9:.I0 p. m., EST, on January 21, 1941.

Puerto Rico .Advertising Co., Inc. — Denied petition to intervene
in the hearing on the application of Caribbean Broadcasting
■Assn., Inc., San Juan, for a new station to operate on
InIMI ke., 2.S0 watts, unlimited time, and on its own motion
the Commission consolidated the hearing on the Caribbean
Broadcasting Assn, application with the application of
Puerto Rico Advertising Co., Inc., for a new station in San
Juan, requesting the same facilities.

KMBC — Midland Broadcasting Co., Kansas City, Kans. — Granted
motion to accept appearance filed late in re application for
construction permit to change frequency from 1(.)0 to (illO
kc., and increase [lower to 50 K\¥.

KWK — Thomas Patrick, Inc., St. Louis, Mo. — Granted motion to
accept appearance filed late in re application for construc¬
tion permit to change frequency from L-i5(( to 080 kc.,
and increase [lower to SO K\\'.

KFJI — KFJI Broadcasters, Inc., Klamath F'alls, Ore. — Granted
petition for continuance of hearing now scheduled for Feb¬
ruary 19 for a period of .10 days, on application for con¬
struction permit to operate on 600 ke., 500 watts night,
1 KW da\’, unlimited time.

WSAY — Brown Radio Service and Lab., Rochester, N. Y. —
Granted petition insofar as consolidation and continuance
of hearing in re ap[ilication of Edward J. Doyle, for a new
station in Rochester, N. \^., to use 1340 ke., 1 KW, un¬
limited lime; dismissed petition in re intervention, and
ordered date for consolidated hearing be fixed at February
1,1 on Doyle application and WS.AY's application for same
facilities, and that separate hearing heretofore scheduled
be cancelled.

W.iXP — Philco Radio & Television Corp., Philadelphia, Pa. — The
frequency band authorized for channel No. 13 heretofore
authorized for ex[)crimcntal television relay station W3XP,
was changed from 234000-340000 kc. to 330000-236000 kc.,
and the frequenev banrl authorized for channel No. 14
from 34»000-3460(»» to 336000-343000 kc.— the authoriza¬
tion otherwise to remain the same.

W6XL.A — Television Productions, Inc., Los .Angeles, Cal. — The
frequency band authorized for channel No. 13 heretofore
authorized for experimental television relay station W.IXP,
was changed from 334000-340000 kc. to 330000-336000 kc.,
and the frequency band authorized for channel No. 14
from 340000-346000 to 336000-343000 kc. — the authoriza¬
tion otherwise to remain the same.

MISCELLANEOUS

WKG.A — The Tribune Company, Tampa, Fla. — The call letters
WFL.A, formerly used by Florida West Coast Broadcasting
Co., Inc., were assigned to the Tribune Company’s station
replacing WKG.A, heretofore authorized. Under grant of
modificati<in of license for WSUN (listed above), the facili¬
ties of WF'LA were granted WSLiN.

KLPM — John B. Cooley, Minot, N. Dak. — .Adopted order with¬
holding action on [)elition for rehearing filed by the Enid
Radio[)hone Co. (KCRC), Enid, Okla., directed against the
action of the Commission October 22, 1940, granting the
ap[)lication of John B. Cooley (KLPM), Minot, N. Dak.,
for modification of license to increase power out[)ut from
500 watts night, 1 KW day, unlimited time on frequency
136(1 kc., to 1 KW, unlimited time on that frequency, and
withholding action u[)on the application of Enid Radio-
[)honc Co. (K('RC) for construction permit (B3-P-2810)
for a [leriod of 30 days from date of this order, within
which time [petitioner and John B. Cooley (KLPM) shall
submit to the (’ommission a [)lan for a directional antenna
for Station KLPM, which will [permit maximum use to be
made of the frequency 1360 Itc. ( B4-ML-651 ) .

WTJS — Sun Publishing Co., Inc., Jackson, Tenn. — .Adopted orrlcr
withhoUling action on [Petitions for rehearing filed by
Onondaga Radio Broadcasting Cor]p. (WFBL), S>’racuse,
N. A’., and Enid Radio[phone Co. (KCRC), Enid, Okla.,
and withholding action on application of Enid Radiophone
Co. (KCRC) for construction permit, for a period of 30
days from the date of this order within which time [peti¬
tioners and the Sun Publishing Co. (WTJS), shall submit

88 — January 24, 1941

to the Commission a plan of directional antennas for night¬
time use for Stations WTJS and KCRC which will permit
these stations to operate on the frequency 1360 k*“, with 1
KW power, unlimited time, and at the same time permit
maximum use of the frequency 1360 ke, (B3-P-2S25).

Community Broadcasting Co., Inc., Wheeling, W. \Lt. — Adopted
order granting request of The Exponent Co. (WBLK),
Clarksburg, W. Va., to withdraw petition for rehearing
filed by it directed against the action of the Commission
November 26, 1940, granting the application of Community
Broadcasting Co., Inc., for construction permit for new
broadcast station (which said request was considered as a
motion to dismiss). (B2-P-2967)

WWRL — Long Island Broadcasting Corp., Woodsidc, Long Island,
N. Y. — .Adopted order extending effective date of provision
(3) of Commission order of December 5, 1938, till 60 days
from January 22, 1941, thus continuing tem[)orary authority
to Station WWRL to operate during the hours formerly
used by Station WMBQ.

Wese — South Carolina Broadcasting Co., Inc., Charlestown, S. C.
— .Adopted order denying joint petition for reconsideration
and grant without hearing filed by The Liberty Life In¬
surance Co., transferor, and John M. Rivers, transferee,
for transfer of control of South Carolina Broadcasting Co.,
Inc., licensee of Station WCSC (Docket No. 5922).
(B3-TC-231)

KWBG — The Nation's Center Broadcasting Co., Inc., Hutchison,
Kans. — Denied modification of construction permit (which
authorized a change in the transmitter site, changes in
equipment, and increase in power from 100 to 250 watts),
for an extension of completion date to June 20, 1941;
denied on the ground that the licensee corporation under
the present control is not financially able to carry out the
terms of the construction permit (B4-MP-11 12) .

APPLICATIONS FILED AT FCC

570 Kilocycles

WWNC — .Asheville Citizens-Times Co., Inc., Asheville, N. C. —
Construction [permit to install new transmitter, directional
antenna for night use, increase power from 1 KW to 5
KW, and move transmitter from 20 Battery Park Place,
Asheville, N. C., to Emma and Maple Crest Road, Near
Emma, N. C. .Amended to request power of 1 KW ; 5
KW-Local Sunset, change antenna system to vertical antenna
and transmitting equipment.

620 Kilocycles

WSL'N — City of St. Petersburg, St. Petersburg, Fla. — Modification
of license to change hours of operation from specified hours
to unlimited time. Requests facilities of WFL.A.

640 Kilocycles

WN.AD — Lmiversity of Oklahoma, Norman, Okla. — Construction
[)ermit to install new antenna system, change frequency
from 1(110 to 640 kc., and move transmitter .35 mile from
Engineering Building, LTniversity of Oklahoma, Norman,
Oklahoma to East Stadium, Norman, Oklahoma. Amended:
To request change in hours of operation from s[)ecificd
hours to daytime.

780 Kilocycles

WT.AR — WT.AR Radio Corporation, Norfolk, A’a. — License to
cover construction permit (B2-P-2737) for authority to
make chan,ges in directional antenna system, and increase
[>ower.

WT.AR--WT.AR Radio Corporation, Norfolk, \'a. — .Authority to
determine operating power by directional measurement of
antenna [jower.

1050 Kilocycles

KNX — Columbia' Broadcasting System, Inc., Los .Angeles, Calif. —
.Authority to determine operating power by direct measure¬
ment of antenna power on 1(17(1 kc. under North .American
Regional Broadcasting Agreement.

1120 Kilocycles

WT.AW — .Agricultural & Mechanical College of Texas, College
Station, Texas. — Modification of construction permit (B3-

MP-1006) for a new transmitter, and increase in power,
requesting extension of commencement date from Decem¬
ber 22, 1940 to March 29, 1941.

1210 Kilocycles

VVKOK — Sunbury Broadcasting Corp., Sunbury, Penna. — .\uthor-
ity to determine operating power by direct measurement.

1310 Kilocycles

WLAK — Lake Region Broadcasting Co., Lakeland, Fla. — Authority
to transfer control of corporation from J. P. Marchant (63
shares), D. J. Carey (25 shares) and Melvin Meyer (10
shares) to The Tribune Co.

KOCY — Plaza Court Broadcasting Co., Oklahoma City, Okla. —
Authority to determine operating power by direct measure¬
ment of antenna power on 1340 kc. under North American
Regional Broadcasting Agreement.

WIZE — Radio Voice of Springfield, Inc., Springfield, Ohio. — Modi¬
fication of license to increase power from 100 watts to
250 watts.

WBRK — Harold Thomas, Pittsfield, Mass. — Voluntary assignment
of license from Harold Thomas to Monroe B. England,

1370 Kilocycles

WBLK — The Exponent Co., Clarksburg, W. Va. — Voluntary as¬
signment of license from The Exponent Co., to Charleston
Broadcasting Co.

WTCM — Midwestern Broadcasting Co., Traverse City. Mich. —
License to cover construction permit (B2-P-2565) as modi¬
fied for a new station.

WTCM — Midwestern Broadcasting Co., Traverse City, Mich. —
Authority to determine operating power by direct measure¬
ment of antenna power.

KRKO — Lee E. Mudgett, Everett, Wash. — Voluntary assignment
of construction permit (B5-P-2027) from Lee E. Mudgett
to The Everett Broadcasting Company, Inc.

WCOS — Carolina Advertising Corp., Columbia, S. C. — Authority
to transfer 49 percent of common stock, of Carolina Ad¬
vertising Corporation, from A. B. Langley (24^ percent),
and Ames Haltiwanger (24J4 percent), to Carolina Life
Insurance Company.

WHBCJ — Broadcasting Station WHBQ, Inc., Memphis, Tenn. —
Construction permit to install new transmitter and increase
power from 100 watts to 250 watts.

1380 Kilocycles

NEW — A. M. Burton, Nashville, Tenn. — Construction permit for
new station on 1380 ke., 1 KW, unlimited. Studio site to
be determined. Transmitter — near Nashville, Tennessee.
Directional antenna day and night use.

1420 Kilocycles

WPAR — Ohio Valley Broadcasting Corp., Parkersburg, W. Va. —
Transfer of control of corporation from The Exponent Co.
to Charleston Broadcasting Co., 47 shares common stock,

KTRI — Sioux City Broadcasting Co., Sioux City, Iowa. — Au¬
thority to determine operating power by direct measurement
of antenna power on 1450 kc. under North American Re¬
gional Broadcasting Agreement.

1440 Kilocycles

WMBD — WMBD Broadcasting Co., Peoria, Ill. — Construction
permit to install directional antenna for night use and in¬
crease power from 1 KW ; 5 KW day to S KW day and
night; make changes in vertical antenna. Amended to
change name from Peoria Broadcasting Co. to WMBD
Broadcasting Co.

1500 Kilocycles

KPLC — Calcasieu Broadcasting Co. (T. B. Lanford, R. M. Dean
and L. M. Sepaugh), Lake Charles, La. — Authority to
determine operating power by direct measurement of an¬
tenna power.

1530 Kilocycles

WALB — The Herald Publishing Co., .Albany, Ga. — Modification
of construction permit (B3-P-2774) as modified for a new
station, requesting authority to install a new transmitter
and extend commencement and completion dates from De¬

cember 19, 1940, and March 19, 1941, to thirty days after
grant and 90 days thereafter, respectively.

1550 Kilocycles

WRGA — Rome Broadcasting Corp., Rome, Ga. — Authority to
install automatic frequency control equipment.

1560 Kilocycles

NEW — James F. Hopkins, Inc., .Ann .Arbor, Mich. — Construction
permit for a new station on 15(50 kf. (under North Amer¬
ican Regional Broadcasting .Agreement), 1 KW, unlimited
time; install directional antenna for day and night use;
transmitter site: corner Washtenaw and Platt Road, .Ann
.Arbor, Mich.; studio site to be determined, .Ann .Arbor,
Mich.

FM APPLICATIONS

NEW — Edwin H. Armstrong, New A^ork, N. Y. — Construction
permit for new high frequency broadcast station. Frequency,
43100 ke.; coverage, 15,610 square miles; population,
12,237,173. Location: Transmitter and studio. Route 9W,
Alpine, N. J. (Composite, maximum 40 KW).

NEW — City of New A'ork, Municipal Broadcasting System, New
A^ork, N. Y. — Construction permit for new high frequency
broadcast station. F'requency, 4(5700 kc. ; coverage, 3,889
square miles; population, 11,550,274. Location: Trans¬
mitter, Centre and Duane Streets, New York, N. Y.; studio.
Municipal Building, Centre and Chambers Streets, New’
A'ork, N. A^. (WTstern Electric Tvpe 503 .A-1, maximum 1
KW).

NEW — Seaboard Radio Broadcasting Corp., Philadelphia, Pa, —
Construction permit for new high frequency broadcast sta¬
tion, Frequency, 48300 kc.; coverage, 9,600 square miles;
population, 2,900,000. .Amended re change population from
2,900,000 to 3,900,000.

TELEVISION APPLICATIONS

NEW — Balaban & Katz Corp., Chicago, Ill. — Construction permit
for new’ television broadcast station. Frequencies, 384000-
39(5000 kc. ; power, 10 watts; emission, .A3 & A3; location,
Portable-Mobile, area of Chicago, Illinois.

NEW — Balaban & Katz Corp., Chicago, Ill. — Construction permit
for a new television station. Frequencies, 384000-396000
kc.; power, 10 watts; emission, .A3 & AS; location, 190
North State Street, Chicago, Illinois.

MISCELLANEOUS APPLICATIONS

KEHS — VA'D.AY, Inc., area of Fargo, N. Dak. — License to cover
construction permit (B4-PRE-372, which authorized change
in frequencies, increase in pow’er, and new equipment).

WD.AC — State of Wisconsin, L^niversity of VA'isconsin, area of
Madison, Wis. — License to cover construction permit (B4-
PRA^-227) for a new’ relay station.

NEW — The A'ankee Network, Inc., Boston, Mass. — Construction
permit for new relay broadcast station, frequencies 156750,
158400, 159300, 161100 kc„ power 20 watts, emission spe¬
cial for frequency modulation. Location: Portable-Mobile,
area of Boston, Mass.

NEW — Philco Radio &• Television Corp., area of Philadelphia, Pa.
— Construction permit to increase power from 13 watts to
123 w’atts, and install new equipment.

KFDB — .Amarillo Broadcasting Corp., area of .Amarillo, Tex, —
License to cover construction permit (B3-PRY-229, which
authorized a new relay broadcast station ) .

FEDERAL TRADE
COMMISSION ACTION

COMPLAINTS

Federal Trade Commission has alleged unfair competi¬
tion against the following firms. The respondents will be

January 24, 1941 — 89

given an opportunity to show cause why cease and desist
orders should not be issued against them.

Drug I'rofits, Inc. — Alleging misrepresentation in the sale of
medicinal preparations designated “Phalene” and “Burtone”, a
complaint has been issued against J. H. Camp, their distributor,
trading as J. H, Camp and as Drug Profits, Inc., Ravenswood,
W. Va.

In radio advertisements the respondent represented, according
to the complaint, that “Phalene” is a liver tonic; that its use will
help remove poisons which cause premature aging ; that it is
a competent treatment for sick headache, nausea, appetite loss,
aching muscles and joints, restless sleep, rundown condition, indi¬
gestion and acid conditions, and that "Burtone” is effective for
treating bilious attacks, stomach nausea, headaches, indigestion
and tired-out feeling, and that it will correct faulty habits of
elimination, produce free organic action of liver and lower bowel,
and free the body of toxic poisons.

Alleging that the respondent’s representations are exaggerated
and untrue, the complaint charges that “Phalene” is primarily an
irritant laxative; that its effect on the liver would be limited to
tending to increase bile secretion, and that it has no therapeutic
effect in treating the conditions mentioned in excess of affording
temporary relief when such conditions are due to constipation.

The therapeutic property of “Burtone”, the complaint continues,
is limited to that of a laxative and mild choleretic. The com¬
plaint alleges that this preparation has no therapeutic value in
treating the conditions mentioned in excess of affording temporary
relief when due to constipation. (4446)

Milk Cap Statistioal Hiireaii, Philadelphia, and 12 manufac¬
turers representing more than 75 per cent of the total business of
the paper disc milk bottle cap industry, are charged with con¬
spiracy to prevent price competition and restrain trade in viola¬
tion of the Federal Trade Commission Act in a complaint.

Included also as respondents are George J. Lincoln, Jr., Phila¬
delphia, manager and executive secretary of the bureau, and the
bureau’s executive committee consisting of Ray W. Blodgett,
Belvidere, Ill., George VV. Rohrbeck, Detroit, and Robert PI.
Schulz, Piqua, Ohio.

The respondent manufacturers of milk bottle caps are: Atlas
Paper Box Company, trading as Atlas Bottle Cap Company, Chat¬
tanooga, Tcnn.; Great Lakes Bottle Cap Company, Detroit; Robert
S. Leonard Company, Kansas City, Mo.; L. Levingston Company,
San Francisco; Fowler E. Macy and Edna B. Macy, trading as
Fowler E. Macy Company, Converse, Inch; Mid-West Bottle Cap
Company, Belvidere, Ill.; National Manufacturing Company,
Kansas City, Mo,; Ohio Bottle Cap Company, Piqua, Ohio; Piqua
Cap Company, Piqua, Ohio; Sealright Company, Inc., Pulton,
N. Y.; Smith-Lee Company, Inc., Oneida, N. Y.; and Standard
Cap anti Seal Corporation, Chicago.

All the respondent manufacturers except Standard Cap and
Seal Corporation are members of The Milk Cap Statistical Bu¬
reau, a trade association known until 1937 as National .Association
of Bottle Cap Manufacturers.

Approximately 21 concerns, composing the milk bottle cap
industry, including the 12 resjiondent manufacturers, sell approxi¬
mately 10,000,000,000 caps annually, valued at approximately
,'54,506,000, to jobbers and dairies.

The Commission complaint alleges that the respondent bureau,
its executive committee, manufacturer members and Standard
Cap and Seal Corporation carried out understandings, agreements,
combinations and conspiracies imrsuant to which the respondent
manufacturers fixed minimum prices, maintained uniform prices,
and fixed and maintained uniform discounts and other conditions
for the sale of their products; fixed and maintained, wdth dairies,
uniform contract terms providing for the dairies’ actual yearly
requirements of bottle caps at a price dependent upon the quantity
contracted for, and furnished the bureau with lists of such dairies
under contract.

Pursuant to the agreements, the respondent bureau, according to
the complaint, issued a “Jobber Rating Book” for use of the
respondent manufacturers, classifying and rating all jobbers pur¬
chasing 350,000 or more paper disc milk bottle caps annually,
and the respondent manufacturers allegedly abided by the Jobber
Rating Books in fletermining urices and discounts allowed jobbers.

A “Dairy Rating Book”, and supplements thereto, classifying
and rating the approximately 50,000 dairies in the United States,
were issued from time to time by the respondent bureau, accord-

QO — January 24, 1941

ing to the complaint, and the respondent manufacturers allegedly
abided by the rating books in determining prices at which dairies
would be sold. The rating book, it is alleged, classified dairies
in groups using 25,000,000 or more, 12,000,000 to 25,000,000, and
5,000,000 to 12,000,000 caps yearly.

The complaint further charges that the respondent manufacturers
furnished the bureau with copies of all invoices covering sales;
changed, simultaneously, prices and discounts, and, in the event
of a price advance, agreed that each respondent manufacturer
w'ould have the privilege of shipping customers under contract
the same number of bottle caps in the succeeding two months as
that customer purchased from the same manufacturer in the prior
two months at the prior price.

According to the complaint, the respondent manufacturers, at
the time of each price advance, furnished the respondent bureau
the lists of customers under contract with them and records show¬
ing the quantity of paper disc milk bottle caps which had been
shipped to such customers in the prior 60 days. (4448)

Montgomery Mard & Co., Inc., Chicago, has been served with
a complaint alleging misleading representation in the sale of
devices advertised in its mail order catalogs as “Ward’s Posture-
.4id Health Belts”, “Diab Reducers”, and “Du Pont A’clutex Per¬
forated Reducers”.

The complaint alleges that through various representations, il¬
lustrations and the use of the terms “Flealth” and “Reducers”
in the trade names of the devices, the respondent corporation
advertises that the devices when worn w'ill reduce excess flesh,
correct figure faults, reduce the wearer’s diaphragm and abdomen,
correct pendulous abdomens, take two to three inches from ab¬
domen and diaphragm, and make reducing easy.

According to the complaint, the wearing of the respondent’s
devices will not cause a reduction of local or body tissue, and
will not effectively remove fat or lessen excess weight. The prod¬
ucts allegedly have no value in maintaining or restoring body
health. However, the complaint continues, the devices will afford
artificial support, lessen the prominence of pendulous abdomens
and, by compressing the portion of the body about which thev
are placed, change the wearer’s physical appearance. They will
not correct this abdominal condition, according to the complaint,
but instead will cause further loss of the functioning of the
abdominal muscles. (4447)

CEASE AND DESIST ORDERS

Commission has issued the following cease and desist
orders:

.American Cord & Webbing Company — Max Krauss, trading
as American Cord & Webbing Company, 394 Broadway, New York,
has been ordered to cease and desist from misleading representa¬
tions in the sale of cloth tape or web used in connection with the
manufacture of Venetian blinds. The respondent sells this tape
or web to manufacturers or wholesalers of the blinds.

Among the products sold by the respondent, according to Com¬
mission findings, are a variety of tapes colored by vat dyes, and
some colored by other processes.

The Commission order directs the respondent to cease and desist
from representing that products not dyed with vat dyes are vat
dyed, and that colors of the respondent’s products will not change
or fade, or that they are impervious to the effects of sunlight, or
will successfully resist the effects of sunlight for specified periods,
when in fact the products do fade or change color because of such
exposure.

The respondent also is directed to cease using the term “Lintex”
to describe a product not composed of linen and the term “Siltex”
to refer to a product not composed of silk; and to discontinue
advertising, offering or selling articles composed wholly or partly
of rayon without clearly disclosing the rayon content and, in the
case of products composed partly of rayon and partly of other
fibers or materials, naming all such fibers or materials, including
the rayon, in the order of their predominance by weight, beginning
with the largest single constituent. (4112)

IJowe & Hartman — .An order has been issued directing R. G.
Bowe and W. W. Hartman, trading as Bowe & Hartman, 101

Summit St., Toledo, to cease and desist from misleading repre¬
sentations in the sale of “Bowe’s Tablets”.

Advertisements disseminated by the respondents, according to
Commission findings, represented that some 20 ailments, including
ulcers of the stomach, duodenum and intestines, are due to, or
persist because of, hyperacidity or the presence of excess acid in
the body, and that the respondents’ preparation is a cure or remedy
for hyperacidity and consequently for the ailments mentioned.

The Commission order directs the respondents to cease and desist
from disseminating advertisements representing that ulcers of the
stomach, duodenum or intestines, gas on the stomach, sour stomach,
indigestion, heartburn, constipation, nausea, pains around the heart,
muscular pains, nervousness, melancholia, colds, headaches, dizzi¬
ness, fatigue, lack of appetite, bad breath, or insomnia, are caused
by, or persist solely because of, hyperacidity ; that the resi.)^ndents’
preparation constitutes a cure or remedy for any of these ailments
or conditions, or for hyperacidity; or that such preparation pos¬
sesses any therapeutic value in their treatment in excess of such
temporary and palliative relief as it may afford by the neutraliza¬
tion of gastric hyperacidity in those cases where gastric hyper¬
acidity is a contributing factor.

The order also directs the respondents to cease representing that
they are manufacturing pharmacists or that they manufacture the
preparation they sell. (4373)

Pioneer Specialty Coiupany — An order has been issued direct¬
ing Harry A. Greenberg, trading as Pioneer Specialty Company
and as The Candyland Company, 38 Crosby Ave., Brooklyn, to
cease and desist from lottery practices and certain misleading
representations in connection with the sale of candy to the con¬
suming public through wholesalers, jobbers and retail dealers.

The respondent is ordered to cease and desist from selling and
distributing any merchandise so packed and assembled that sales
of such merchandise to the public may be made by means of a
game of chance, gift enterprise or lottery scheme; supplying to
or placing in the hands of dealers packages or assortments of any
merchandise which may be used to conduct a lottery; supplying
dealers with lottery devices, either with assortments of merchandise
or separately, which devices may be used in selling or distributing
such merchandise to the public ; packing or assembling in the same
package or packages of candy or other merchandise for sale to
the public at retail, pieces of candy of uniform size and shape
having centers of a different color, together with larger pieces of
candy, or other merchandise, or separately, which larger pieces or
other merchandise may be given as prizes to purchasers procuring
a piece of candy having a center of a particular color; and selling
or otherwise distributing any merchandise by means of a game of
chance, gift enterprise, or lottery scheme.

The Commission order also directs the respondent to cease using
the word “Factory” in connection with his trade names, or other¬
wise representing that the respondent owns or operates a manu¬
facturing plant, or manufactures his products. (4381)

Purex Corporation, Ltd., Southgate, Calif., has been ordered
to cease and desist from making misleading representations in the
sale of “Purex”, a chemical preparation intended for use as a
germicide.

The Commission order directs the respondent corporation to
cease and desist from representing that a solution containing any
amount less than 10 per cent of its preparation is a competent or
effective germicide for the treatment of surface cuts or sores; that
a solution containing two tablespoons of Purex to each gallon of
water used is a competent or effective disinfectant or “disinfectant
bath” for use on metal or wood surfaces, except in cases where the
surfaces have been previously cleaned and thoroughly washed; or
that a solution of these proportions is capable of killing all forms
of bacterial life. (4074)

W. E. Robinson & Co., Inc., Bel Air, Md., has been ordered to
cease and desist from violation of the brokerage provision of the
Robinson-Patman Act.

The respondent, according to findings, has been engaged in the
business of field broker, acting as the agent of sellers in transactions
of sale and purchase of canned fruits and vegetables between sellers
thereof and jobbers, wholesalers, retail chain stores and other
purchasers.

Commission findings are that the respondent has effected sales for
the sellers both by direct transactions with the purchasers and
through corresponding or local brokers employed by the respondent ;
that for its services to the sellers the respondent has received from

the sellers a brokerage fee or commission, usually four per cent of
the price paid by the purchaser, and that in instances where such
sales are effected through the aid and assistance of local brokers
a portion of this brokerage fee is paid by the respondent to such
local brokers for such sales assistance.

Further findings are that where the respondent has effected sales
for the sellers directly with the purchasers, an allowance or dis¬
count in lieu of brokerage is granted to such purchasers by the
respondent, such allowance and discount usually being the equiva¬
lent of the brokerage paid by the respondent to local or corre¬
sponding brokers when sales are effected through them. This
allowance or discount, according to the findings, usually amounts
to 50 per cent of the brokerage fees or commissions paid by the
sellers to the respondent.

The Commission finds further that in connection with the re¬
spondent’s purchase of canned products for its own account for
resale to jobbers, wholesalers, retail chain stores and other pur¬
chasers, it has received and accepted from the sellers and has granted
and allowed to the purchasers on resale, substantial brokerage fees
and commissions or allowances and discounts in lieu thereof.

The order directs that the respondent cease granting or making
any allowances or discounts in lieu of brokerage to any purchaser
by selling commodities to any such purchaser at a price reflecting
a reduction from the prices at which sales of the commodities are
currently being effected by the respondent to other customers, such
reduction being an amount representing, in whole or in part,
brokerage currenlly being paid by the respondent to corresponding
or local brokers for brokerage services or sales assistance rendered
to the respondent in effecting sales of such commodities to other
purchasers.

The order also directs that the respondent cease granting or
allowing, in any manner, directly or indirectly, any commission,
brokerage or other compensation or allowance or discount in lieu
thereof to any purchaser in such transactions.

The order further directs that the respondent cease and desist
from making purchases of commodities for its own account at a
price or on a basis which reflects a deduction or reduction, or is
arrived at or computed by deducting or subtracting, from the
prices at which sellers are selling commodities to other purchasers
thereof, any amount representing or reflecting, in whole or in part,
brokerage currently being paid by sellers to their brokers on sales
of commodities made for such sellers by, or by such sellers through,
their brokers.

The order also directs the respondent to cease accepting from
sellers in any manner any commission, brokerage or other com¬
pensation or allowance and discount in lieu thereof on purchases
of commodities made for its own account. (4294)

I'liited Factoi-ies, Inc., 13th and McGee Sts., Kansas City,
Mo., has been ordered to cease and desist from misleading repre¬
sentations in the sale of oil burners for installation and use in
stoves and furnaces.

The Commission order directs the respondent to cease and desist
from representing that its oil burner is a new type invention in¬
volving a new principle of operation and furnishing more heat at
smaller cost than other similar burners; that it burns cheap oil
in a new way, performs perfectly, is automatic, or furnishes quick
intense heat at the turn of a valve; and that burners are furnished
to agents without cost and unconditionally for use in making
demonstrations.

Under the order, the respondent is further directed to cease
representing that its burner is “guaranteed”, unless the terms and
conditions of the “guarantee” are set out in immediate conjunction
with the word “guarantee” or with any reference to such “guar¬
antee” and the terms and conditions are such that they may
reasonably be complied with. (4379)

L. S. .Air Seal, Iiic., Niles, Ohio, formerly of Girard, Ohio, has
been ordered to cease and desist from making misleading repre-
.'^entations in the sale of “Air Seal”, an automobile accessory com¬
pound designerl to prevent blow-outs in tires.

Commission findings are that use of the respondent’s product
will neither cause tires to be immune from blow-outs, nor accom¬
plish other similar results claimed by the respondent.

The Commission order directs U. S. Air Seal, Inc., to cease and
desist from representing that use of its product will cause tires
to be safe from blow-outs, or will prevent blow-outs caused bv
large holes, tube punctures or broken beads; that its use will
control a blown-out tire by retaining enough air in the tube for

January 24, 1941 — 91

safe stopping; that its use will eliminate friction, extend the life
of the tube, preserve rubber, or produce a 25 per cent or other
appreciable increase in tire mileage, or that the product is superior
to similar products used to prevent the escape of air from tubes.
(4187)

White King Soap Company — An order has been issued direct¬
ing White King Soap Company, Los Angeles, to cease and desist
from making misleading representations in the sale of a laundry
soap and a toilet soap manufactured by its parent company, the
Los Angeles Soap Company.

Commission findings are that in advertisements the respondent
represented, among other things, that “White King Granulated
Soap” is the only soap with which fabrics can be satisfactorily
washed in cool water; that cool water washing causes fabrics to be
brighter and w'hiter than hot water washing, and that the use of
this soap in w'ashing textiles makes it unnecessary to use bleaching
and bluing.

According to Commission findings, “White King Granulated
Soap” is not the only soap wdth which fabrics can be satisfactorily
washed in cool water; some fabrics are preferably w'ashed in cool
and some in hot w'ater, and washing of textiles with the respondent’s
soap does not make unnecessary the use of bleaching and bluing.

The Commission’s order directs that the respondent cease and
desist from these representations and that it also discontinue repre¬
senting that the use of a jelly made from “White King Granulated
Soap” will remove all spots or stains from fabrics; that this soap
is superior to other similar soaps; that all fabrics fade or shrink
when W'ashed in hot water, and that the use of the respondent’s
laundry soap prevents fabrics from fading or shrinking.

Concerning its “White King Toilet Soap”, the respondent is
directed to discontinue representing that this product will keep the
skin fresh or supple, or prevent or remove wrinkles in the skin.
(3928)

Zone Company — Misrepresentation in the sale of medicinal
preparations and 'devices for use in so-called feminine hygiene, is
prohibited under an order issued against Harry S. Benham, 620
Orleans St., Chicago, who trades under the narnes The Zone
Company, Active Merchandisers, Active Medicine, Nu-Mode Com¬
pany, and .American Medicine Company.

The Commission order directs the respondent to cease and
desist from disseminating advertisements representing that “Nu-
Mode Vaginal Jelly” (also known as “A. M. Vaginal Jelly”),
“Nu-Mode Hygiene Tablets”, “Vaginal Suppositories and Douche
Tablets”, and “Speed Nu-Mode Hygiene Douche Tablets” form
safe and effective preventives against conception or are a guar¬
anteed method of preventing pregnancy; and that “Nu-Mode
Ladies Womb Supporter” is comfortable, efficient, or sanitary,
or has therapeutic value.

The order further directs the respondent to cease and desist
from representing that “.Athlete’s Foot Salve” is a cure or remedy
for athlete’s foot or has therapeutic value in its treatment in
excess of temporarily relieving symptoms of itching and in some
cases destroying superficial fungi; that “A. M. Wonder Salve”
is a cure or remedy for eczema or other forms of itch or rash
or has therapeutic value in their treatment in excess of affording
temporary relief from symptoms of itching, or that the prepara¬
tion has any properties effective in preventing infection or in
treating ulcers, old sores, leg sores, acne or pimples. (4352)

STIPULATIONS

During the past week the Commission has entered into
the following stipulations:

Alliert Laboratories, liie., 2535 North California Ave., Chicago,
has entered into a stipulation in which it agrees to cease advertis¬
ing that “Respirine”, a medicinal product which formerly con¬
tained potassium iodide, is an effective remedy for asthma, bron¬
chial coughs, bronchitis or whooping cough ; that it will do any
more with respect to these conditions than afford temporary relief
from accompanying symptoms; tliat it relieves symptoms accom¬
panying hay fever or constitutes a treatment for hoarseness, and
that the preparation promotes healing, increases the flow of
mucus from the nasal cavity, provides instant relief, is unique
or distinctly new', represents a discovery, or is safe,

92 — January 24, 1941

Relative to its agreement to cease representing that its product
is safe, the respondent corporation avers that Respirine does not
now contain potassium iodide ; that that ingredient has not been
used since February 1, 1940, and that when Respirine contained
potassium iodide it w'as sold with a proper warning on the label
concerning safety. (02709)

Chasers, lue., 155 East 44th St., New A^ork, stipulated that
it w'ill cease advertising that its product “Chasers”, a breath
lozenge, is the one effective tablet ; that it w'ill lastingly kill
or permanently overcome bad breath due to tobacco, onions,
alcohol or garlic or when due to organic derangements, infections
and other conditions, or that it will do more than temporarily
dispel such breath odors. The respondent corporation also agrees
to desist from representing that its product will kill or effectively
overcome or mask all types of unpleasant breath. (02710)

Magay Corporation, 41 East 57th St., New A'ork, stipulated
that it will cease advertising “Q-Loid”, a medicinal preparation,
as being capable of accomplishing results similar to those obtained
by treatments administered to patients at the Veterans Adminis¬
tration Hospital, Bronx, N. Y., or by injections of colloidal sul¬
phur; that Q-Loid is an effective arthritis remedy or has any
therapeutic value in treating that condition in excess of the pos¬
sibility of affording temporary symptomatic relief in some forms
of arthritis when there is a sulphur deficiency, and that the sale
of Q-Loid at any specified price represents a special offer, unless
the offer is actually limited to purchasers under certain specified
conditions. (02707)

Mitchell IJattery Company, 1209-11 West Lake St., Minne¬
apolis, a manufacturer of automobile batteries, has entered into
a stipulation that in advertising its products it w’ill cease using
an amperage rating as descriptive of its batteries w'hen in fact
such rating indicates an electric current strength in excess of
the batteries’ capability to produce.

The respondent corporation also stipulates that it will desist
from the use of an amperage rating or any statement concerning,
or method of representing, the electric current productive capacity
of its batteries, the effect of which tends to convey the impression
that the batteries have such capacity in excess of that actually
possessed. (3023)

Paragon Worsted Company, Providence, R. L, a manufacturer
of cloth fabrics, entered into a stipulation in w'hich it agrees to
cease and desist from selling in commerce any fabric or product
composed partly of w'ool and partly of rayon or other fiber without
making complete disclosure of the fiber content on invoices and
advertising matter.

Such disclosure, the stipulation continues, is to be made by
stating the true names of the fibers present, in the order of their
predominance by weight, and their percentages.

The stipulation provides that the respondent need not state
the percentages of rayon or fiber other than w'ool, if the rayon
or fiber other than wool are used solely for decoration, are plainly
visible as a decoration, and are not more than five per cent of
the whole fabric or product by weight. (3022)

S. & M, Tire Company — .A stipulation to cease certain repre¬
sentations in the sale of automobile batteries has been accepted
from Phil Sieff, Maurice Sieff, Minnie Sieff, and .Ann Sieff, co¬
partners trading as S. S; M. Tire and .Auto Supply Company, 1215
Hennepin Ave., Minneapolis. The respondents agree that in adver¬
tising matter they will cease using an amperage rating as descrip¬
tive of batteries when in fact such rating indicates an electric
current strength in excess of the batteries’ capability to produce.

The respondents also stipulate that they will desist from the
use of an amperage rating or any statement concerning, or method
of representing, the electric current productive capacity of batteries,
the effect of which tends to convey the impression that the
batteries have such capacity in excess of that actually possessed.
(3025)

St. Joseph Sales Company — J. B. Buller, trading as St. Joseph
Sales Company, St. Joseph, Mo., entered into a stipulation in

which he agrees to cease advertising that hosiery sold by him is
knitted from pure silk fiber when in fact certain portions are
knitted from fibers other than silk; that hosiery is crepe silk when
the twist of the silk fiber does not conform to the standard twist
for crepe silk; that the fiber used is lisle when it does not conform
to the standards of lisle fiber, and that the regular price is any
amount greater than it is in fact. (02705)

Union Oil Company of California, Los Angeles, in a stipula¬
tion entered into, agrees to cease representing that by the use of
its “Triton Motor Oil” the carbon ping in motors will be removed
within 2,000 to 3,000 or any specified number of miles; oil con¬
sumption will decrease by 42 or any other percentage, and that
conditions causing sticking valves or rings in automobiles will be
eliminated or substantially improved. (02706)

Viobin Corporation, 153 North Clark St., Chicago, has made
a stipulation in which it agrees to cease certain representations in
the sale in commerce of “Re.x Wheat Germ Oil”.

According to the respondent’s stipulation, it referred in advertis¬
ing matter to a Government bulletin and accompanied the refer¬
ence by a purported facsimile of “Table No. 1, Public Health
Service Reprint No. 1990”, when in fact certain words appearing
in the original table had been deleted from the purported facsimile
with the effect of changing the meaning conveyed by the original
table.

The respondent agrees to cease representing, directly or inferen-
tially, by use of “Facsimile” or similar words, that any tabulation
or representation is a true or identical copy of the purported
original thereof, unless such copy is a facsimile or identical copy
of the original without additions or deletions.

The respondent further agrees to cease referring to any authority,
governmental or otherwise, in a manner tending to cause the im¬
pression that any representation or claim made by the respondent
corporation is based upon or supported by such authority, when
such is not a fact.

Statements or representations to the effect that its product is
superior to all similar products sold in competition therewith, also
are to be discontinued bv the respondent, according to its stipula¬
tion. (3024)

Warwick & Legler, Inc., an advertising agency, 230 Park
Avenue, New York, has entered into a stipulation to cease and

desist from certain representations in the advertisement of “Tangee
Lipstick” and “Tangee Theatrical Lipstick” on behalf of its client.
The George W. Luft Company, Long Island City, N. Y., distributor
of these cosmetics.

In its stipulation the advertising agency agrees to cease dis¬
seminating advertisements representing that Tangee Theatrical
Lipstick ends a painted look; cannot make one look painted; con¬
tains no pigment or paint, and was created at the request of
America’s most prominent aytresses; and, that either of the lip¬
sticks is permanent. (02708)

FTC CLOSES CASES

The Federal Trade Commission has closed, without prejudice to
its right to resume proceedings, should the facts so w'arrant, its
case against Crowell-Collier Publishing Company and its sub¬
sidiary. P. F. Collier & Son Corporation, both of 250 Park Ave.,
New York, and 24 officers and directors of the corporations. These
respondents had been charged in a Commission complaint issued in
1940 with violation of the Federal Trade Commission Act in the
sale of books and encyclopedias with yearly supplements or re¬
vision services.

The respondents had petitioned for dismissal of the Commission
complaint, their petition reciting that they had not engaged in the
unfair practices alleged for a considerable time prior to issuance
of the complaint; that the two corporate respondents had executed
agreements to abide by the trade practice conference rules for
the Subscription and Mail Order Book Publishing Industry
promulgated by the Commission on September 3, 1940, and that
they have complied with the rules since the promulgation thereof.

The proceeding has been closed as to the following 24 officers
and directors of the two corporate respondents: J. P. Knapp,
T. H. Beck, A. E. Winger, J. A. Welch, W. P. Larkin, J. S. Brehm,
F. Braucher, G. B. Lane, C. J. Bevan, J. Ducey, D. O’Sullivan,
A. B. Pursell, A. H. Lockett, Garden Hazen, H. G. Schackno,
P. J. Dennerlein, T. L. Brantley, R. T. Messier, R. G. Smith,
C. E. Stouch, A. Untermyer, W. L. Chenery, Mrs. G. Whiting,
and J. C. Sterling.

The Commission has also closed its case against P. F. Collier &
Son Corporation, 250 Park Ave., New York, which was charged
in the complaint with unfair methods of competition in connection
with the sale of encyclopedias through sales crews.

The respondent corporation has been dissolved, and the Commis¬
sion, having considered the matter, has closed the case growing
out of the complaint without prejudice to its right, should the
facts so warrant, to reopen the case.

January 24, 1941 — 93

1626 K STREET, N. W.

WASHINGTON, D. C.

Vol. 9, No. 5, January 31, 1941

THE WEEK IN WASHINGTON

BMI signed a consent decree in the United States
District Court for the Eastern District of Wisconsin,
in which BAII agreed not to engage in activities which
the Justice Department alleged would constitute viola¬
tions of the Sherman Act. The Department then an¬
nounced it would proceed criminally against ASCAP
under the antitrust laws. (p. 95)

NAB and AAAA committees are continuing their
efforts to compose any differences remaining between
the two groups in respect to recommended station facili¬
ties contract, (p. 98)

FCC officials and members of the National Television
Systems Committee on January 24 and 25 saw demon¬
strations of recent television developments, (p. 100)
District meetings were held in Districts 10, 14, and 17.

(p. 102)

The Attorney-General’s Committee on Administrative
Procedure made public its report last Saturday, (p. 103)
The House of Representatives appropriated $4,259,729
for the FCC for the fiscal year starting next July 1.
(p. 105)

BMI Consent Decree

The Department of Justice announced last Monda>'
that Broadcast Music, Inc., had signed a civil decree
in the United States District Court for the Eastern
District of Wisconsin, in which it agreed not to engage
in activities which the Department alleged would con¬
stitute violations of the Sherman Act. Following is the
Department’s statements:

'Tn order to avoid placing Broadcast IMusic, Inc., at a
competitive disadvantage, the decree will take effect only
when similar restraints have been imposed upon the
American Society of Composers, Authors and Publishers
either by way of consent or litigation.

‘Tn the light of this voluntary action, the Department
will withdraw its previously announced prosecution against
Broadcast Music, Inc., the National Broadcasting Com¬
pany and the Columbia Broadcasting System. There is

no change in the Department's announced intention
promptly to proceed criminally against the .-\merican
Society of Composers, Authors and Publishers. Nego¬
tiations looking to a settlement in that case ended abruptly
in late December.

“Under the decree signed Monday, Broadcast Music,
Inc., agrees, when the decree become effective, not to
engage in the following practices which the Department
deems to be in violation of the antitrust laws:

“1. BMI agrees not to exercise exclusive control, as agent for any
other person, over the performing right of music of which it floes
not own the copyright.

"2, BMI agrees never to fliscriminate either in price or terms
among the users of cop>Tighted music. .Ml BMI compositions will
he offered for performance to all users of the same class on equal
terms and conditions.

"3. BMI agrees to license music on a pay-when-you-play basis.
That is. broadcasters will be enabled to buy BMI music either on
a per piece or per program basis, if they desire, and in no case will
a broadcaster be required to pa>' a fee which is based on programs
which carr>' no BMI music.

■'4. BMI will never require a license from more than one station
in connection with an>- network broadcast. Licenses will be issued
to networks or originating stations.

“3. Manufacturers of electrical transcriptions, or sponsors, or
advertisers on whose behalf such electrical transcriptions are made,
will, if they so desire, be able to obtain licenses for the use of such
transcriptions for broadcast purposes.

"6. BMI agrees never to engage in an all-or-none policy in
licensing its music. That is, motion picture exhibitors, restaurants,
hotels, radio stations, and all commercial users of BMI music will
be able to obtain the right to perform any BMI compositions
desired without being compelled to accept and take the entire BMI
catalogue.

“7. BMI agrees that it will not attempt to restrict the perform¬
ance rights of its music for the purpose of regulating the price of
recording its music on electrical transcriptions made for broadcast
use,”

Neville iMiller issued the following statement in Wash¬
ington after the Justice Department had issued the above
statement:

“The provisions of the voluntary civil decree signed by BMI
today embody both the spirit and intent behind the original organ¬
ization of BMI. BMI was formed after the broadcasters of
.America had vainly struggled for ten years to induce the .American
Society of Composers, .Authors and Publishers to discontinue its
monopolistic practices. These practices compelled broadcasters to
buy popular music as a whole, regardless of how little of it the

(Continued on page 96)

January 31, 1941 — 95

Neville Miller, President C. E. Arney, Jr., Assistant to President

Edward M. Kirby, Director of Public Relations; Joseph L. Miller,
Director of Labor Relations; Paul F. Peter, Director of Research;
Russell P. Place, Counsel; Lynne C. Smeby, Director of Engineering

BMI CONSENT DECREE
(Continued from page 95)

individual broadcaster might want to use, and to pay whatever
percentage .^SC/XP might demand on the receipts of all programs,
whether those programs used ASC.-XP music, other music or no
music at all.

“BMI, both in its original resolutions and in all of its contracts,
committed itself to offering music to broadcasters on a 'per piece’
or ‘per program’ basis, and also to clearing music at the source,
when the termination of the ASC.XP monopoly made this course
feasible. Having so announced its intentions ever since its incep¬
tion, BMI has now formally agreed with the Department of
Justice to carry out these commitments when the Department of
Justice is able to compel .4SC.XP to adopt similar policies.

“BMI is owned by the broadcasting stations of .'Xmerica. Over
80 per cent of its stock is owned by approximately 670 broadcasting
stations, and approximately 20 per cent of its stock is owned by
the leading networks. Under the terms of the decree, broadcasters
who do not wish to pay for music on a ‘per piece’ or ‘per program’
basis are not forced to do so, but may obtain another basis of
payment if they so desire. The decree specifically provides that
it does not constitute an admission or finding of any violation of
law on the part of BMI.”

Following is te.xt of the decree:

IX THE DISTRICT FOUR OF THE UNITED ST.XTES
FOR THE EASTERN DISTRICT OF XXTSCONSIN

January Term, 1941
United States of .Xmerica, Plaintiff,

V.

Broadcast Music, Inc., Defendant.

Civil Action File No. -

CONSENT DECREE

This cause came on to be heard on this - day of January, 1941,

the plaintiff being represented by Thurman Arnold, Assistant
.Xttorney General; J. B. Husting, United States .Xttorney for the
Eastern District of XVisconsin ; Victor O. Waters, Special Assistant
to the .Xttorney General; and XX^arren Cunningham, Jr., Special
.Xttorney; and the defendant being represented by its counsel, and
having appeared and filed its answer to the complaint herein.

It appears to the Court that defendant, Broadcast Music, Inc.,
has consented in writing to the making and entering of this decree,
without any findings of fact, upon condition that neither such
consent nor this decree shall be construed as an admission or
adjudication that said defendant has violated any law.

It further ajipears to the Court that this decree will provide
suitable relief concerning the matters alleged in the complaint filed
herein and that b>’ reason of the aforesaid consent of defendant.
Broadcast Music, Inc., and its acceptance b>- plaintiff it is unneces¬

sary to proceed with the trial of the action, or to take testimony
therein, or that any adjudication be made of the facts.

Now, therefore, upon motion of plaintiff, and in accordance with
said consent, it is hereby

ORDERED, .XDJUDGED .XND DECREED

1. The Court has jurisdiction of the subject-matter set forth in
the complaint and of the parties hereto with full power and
authority to enter this decree and the complaint states a cause of
action against defendant. Broadcast Music, Inc., under the .Xct
of Congress of July 2, 1890, entitled “.Xn Act to Protect Trade
and Commerce Against Unlawful Restraints and Monopolies” and
the acts amendatory thereof and supplemental thereto.

H. Defendant, Broadcast Music, Inc., its officers, directors,
agents, servants, employees and all persons acting or claiming to
act on its behalf are hereby perpetually enjoined and restrained
from entering into or carrying out, directly or indirectly, any
combination or conspiracy to restrain interstate trade and com¬
merce, as alleged in the complaint, by doing, performing, agreeing
upon, entering upon or carrying out any of the acts or things
hereinafter in this paragraph II prohibited;

(1) Defendant, Broadcast Music, Inc., shall not, with respect
to any musical composition, acquire or assert any exclusive per¬
forming right as agent, trustee or otherwise acting on behalf of
any copyright owner or other owner of the performing right, or
pursuant to any understanding or agreement with such owner to
pay for such right a share of, or an amount measured by, the
receipts or revenues of said defendant. Nothing contained in this
sub-paragraph (1) shall be construed as preventing defendant.
Broadcast Music, Inc., from acquiring or asserting exclusive per¬
formance rights (a) in any musical composition of which said
defendant shall also own or acquire the copyright; (b) in any
musical composition concurrently with the exclusive right to pub¬
lish such composition in the United States of .Xmerica; (c) in any
musical composition as a purchaser, assignee or licensee (but not
as agent, trustee or otherwise on behalf of another) in consideration
of the payment or agreement to pay, as the sole compensation for
such performing rights, a fixed sum stated in the contract of pur¬
chase, assignment or license; or (d) in any musical composition,
as a purchaser, assignee or licensee (but not as agent, trustee or
otherwise on behalf of another) in consideration of the payment or
agreement to pay, as the sole compensation for such performing
rights, an amount determinable by reference to the number of
licensed performances of such composition at a fixed per per¬
formance price and basis stipulated in such contract.

(2) Defendant, Broadcast Music, Inc., shall not enter into,
recognize as valid or perform any performing license agreement
which shall result in discriminating in price or terms between
licensees similarly situated ; provided, however, that differentials
based upon applicable business factors which justify different prices
or terms shall not be considered discrimination within the meaning
of this sub-paragraph ; and provided further that nothing contained
in this sub-paragraph shall prevent price changes from time to time
by reason of changing conditions affecting the market for cr
marketability of performing rights.

(.D Defendant, Broadcast Music, Inc., shall not require, as a
condition to any offer to license the public performance for profit
of a musical composition or compositions for radio broadcasting,
a license fee of which any part shall be (a) based upon a per¬
centage of the income received by the broadcaster from programs
in which no musical composition or compositions licensed by said
defendant for performance shall be performed, or (b) an amount
which does not vary in proportion either to actual performances
during the term of the license of the musical compositions licensed
by said defendant for perform.ance, or to the number of programs

96 — January 31, 1941

on which such compositions or any of them shall be performed;
provided, however, that nothing herein contained shall prevent
said defendant from licensing a radio broadcaster, on either or both
of the foreoging bases, if desired by such broadcaster, or upon any
other basis desired by such broadcaster.

With respect to any existing or future performing license agree¬
ment with a radio broadcaster, defendant. Broadcast Music, Inc.,
shall not, if required by such broadcaster, refuse to offer either or
both of the following bases of compensation which may be specified
by the broadcaster:

(i) in respect of sustaining programs a per program license
fee, expressed in terms of dollars, requiring the payment of a
stipulated amount for each program in which musical com¬
positions licensed by said defendant shall be performed;

(ii) in respect of commercial programs, a per program license
fee, either expressed in terms of dollars, requiring the payment
of a stipulated amount for each program in which musical
compositions licensed by said defendant for performance shall
be performed, or, at the option of defendant, the payment of a
percentage of the revenue derived by the licensee for the use
of its broadcasting facilities in connection wdth such program.

In the event that defendant shall offer to license the public per¬
formance for profit of a musical composition or compositions for
radio broadcasting upon one or more of the foregoing per program
bases, and shall also offer to license such performance on a basis
of compensation which shall not vary in direct proportion to the
number of programs on which musical compositions licensed by
defendant shall be performed, defendant shall establish, in good
faith, a relationship between such per program basis and such other
basis, justifiable by applicable business factors, so that there wdll
be no frustration of the purpose of this sub-paragraph to afford
radio broadcasters alternative bases of license compensation,

(4) Defendant, Broadcast Music, Inc,, shall not license the
public performance for profit of any musical composition or com¬
positions except on a basis w'hereby, insofar as network radio
broadcasting is concerned, the issuance of a single license, authoriz¬
ing and fixing a single license fee for such performance by network
radio broadcasting, shall permit the simultaneous broadcasting of
such performance by all stations on the network which shall broad¬
cast such performance, without requiring separate licenses for such
several stations for such performance.

(5) With respect to any musical composition in defendant’s
catalog of musical compositions licensed for radio broadcasting and
which is or shall be lawfully recorded on an electrical transcription
or other recordation intended for broadcasting purposes, said de¬
fendant shall not refuse to license the public performance for profit
by designated radio broadcasting stations of such composition by
a single license to any manufacturer, producer, or distributor of
such transcription or recordation or to any advertiser or advertising
agency on whose behalf such transcription or recordation shall have
been made who may request such license, w'hich single license shall
authorize the broadcasting of the recorded composition by means
of such transcription or recordation by all radio stations enumerated
by the licensee, on terms and conditions fixed by said defendant,
without requiring separate licenses for such enumerated stations,

(6) Defendant, Broadcast Music, Inc., shall not, in connection
with any offer to license by it the public performance for profit
of musical compositions, refuse to offer a license, at a price or
prices to be fixed by said defendant, for the performance of such
individual musical compositions or catalogues of musical composi¬
tions the use of w’hich shall be requested by the prospective
licensee.

(7) Defendant, Broadcast Music, Inc., shall not assert or exer¬
cise any right or pow'er to restrict from public performance for

profit by any licensee of said defendant any copyrighted musical
composition in its licensed catalogue in order to exact additional
consideration for the performance thereof, or for the purpose of
permitting the fixing or regulating of fees for the recording or
transcribing of such composition ; provided, how'ever, that nothing
in this sub-paragraph shall prevent said defendant from restricting
performances of a musical composition in order reasonably to pro¬
tect the value of the public performance for profit rights therein or
to protect the dramatic performing rights therein or as may Ire
reasonably necessary in connection with any claim or litigation
involving the performing rights in any such composition.

III. The terms of this decree shall be binding upon, and shall
extend to each and every one of the successors in interest of defend¬
ant, Broadcast Music, Inc., and to any and all corporations, partner¬
ships, associations and individuals w'ho or which may acquire the
ownership or control, directly or indirectly, or all or substantially
all of property, business and assets of defendant. Broadcast Music,
Inc., w'hether by purchase, merger, consolidation, reorganization or
otherwise. None of the restraints or requirements herein imposed
upon the Defendant shall apply to the acquisition of or licensing
of the right to perform musical compositions publicly for profit out¬
side of the United States of America, its territories and possessions,

IV. For the purpose of securing compliance wdth paragraph II
of this decree, and for no other purpose, duly authorized represent¬
atives of the Department of Justice shall, on the written request
of the .Attorney General or an Assistant .Attorney General and on
reasonable notice to defendant. Broadcast Music, Inc., made to
the principal office of said defendant, be permitted (a) reasonable
access, during the office hours of said defendant, to all books,
ledgers, accounts, correspondence, memoranda, and other records
and documents in the possession or under the control of said
defendant, relating to any of the matters contained in this decree,
(b) subject to the reasonable convenience of said defendant and
wdthout restraint or interference from it, and subject to any legally
recognized privilege, to interview officers or employees of said
defendant, who may have counsel present, regarding any such mat¬
ters; and said defendant, on such request, shall submit such reports
in respect of any such matters as may from time to time be rea¬
sonably necessary for the proper enforcement of this decree; pro¬
vided, how'ever, that information obtained by the means permitted
in this paragraph shall not be divulged by any representative of
the Department of Justice to any person other than a duly author¬
ized representative of the Department of Justice except in the
course of legal proceedings in which the United States is a party
or as otherwise required by law.

V. The provisions of sub-paragraph (4) of paragraph II of this
decree shall not become effective until nine months after the effec¬
tive date of the other provisions of said paragraph.

None of the provisions of paragraph II of this decree shall become
effective until 90 days after plaintiff shall have delivered to defend¬
ant, Broadcast Music, Inc., a certified copy of a consent decree
or other final decree of a court of competent jurisdiction, not sub¬
ject to further review', by which restraints and requirements in
terms substantially identical with those imposed herein shall be
imposed upon .American Society of Composers, .Authors and Pub¬
lishers; provided, however, that if said defendant shall be of the
opinion that the restraints and requirements so imposed against
American Society of Composers, Authors and Publishers are not
substantially identical with those imposed herein, and shall apply
to the Court within 20 days after receipt of a certified copy of said
decree, for a determination of that question, no provision of said
paragraph II shall become effective until the Court shall have
determined that such restraints and requirements are substantially
identical w'ith those imposed herein.

January 31, 1941 — 97

\'I. Jurisdiction of this cause is retained for the purpose of
enabling any of the parties to this decree to make application to
the Court at any time after the delivery to the defendant of a certi¬
fied copy of a decree against American Society of Composers,
Authors and Publishers complying with the provisions of Para¬
graph \' hereof for such further orders and directions as may be
necessary or appropriate in relation to the construction of or carry¬
ing out of this decree, for the modification hereof upon any ground,
for the enforcement of compliance herewith and the punishment of
violations hereof. Jurisdiction of this cause is retained for the
purpose of granting or denying such applications as justice may
require and the right of the defendant to make such application
and to obtain such relief is expressly granted.

United States District Judge.

We hereby consent to the entry of the foregoing decree.

For the complainant :

(Signed) B. J. Hcstino,

United States Attorney,
Eastern District of Wisconsin.

(Signed) Thurman .\rnoi.d,

Assistant Attorney General.

(Signed) Victor O. Waters,

Special Assistant to the Attorney General.

(Signed) Warren Cunningham, Jr.,

Special Attorney.

For the defendant: Broadcast Music, Inc.

Godfrey Goldmark,
Counsel.

BMI

THE ROCK BOTTOM ISSUE

'I’he consent decree which BMI signed in Milwaukee
is of such a nature that no doubt can be left in the
minds of the public as to the fundamental issues in the
controversy between ASCAI’ and the broadcasting in¬
dustry.

In spite of the printed statement on the BJdT license
contracts that NBC and CBS “have declared their ap¬
proval of the principle of clearance at the source,” ASCAB
speakers have insisted vehemently even up to the last
few days that opposition of the networks to this principle
was the real basis of the difficulty. In light of the consent
decree it will be impossible for them to squirt out that
jiarticular smoke screen any longer.

.\SCAr propaganda has sought to minimize the im-
jrortance of the question of a per-use form of contract
anil has challenged the sincerity of the official BJvII
statement, printed on its license contracts, “that such a
basis of payment was the ultimate objective of BMI”
and that BMI would offer that form of contract when
the establishment of a free competitive market in the
field of iropular music made it possible. Following the
refusal of .\SCAB in December to sign a consent decree
emliodying an agreement to offer such a form of license.

the signature by BMI of the present decree sets forth
clearly the fundamental difference between ASCAP and
the broadcasters on this issue.

The great underlying issue also becomes unmistakable,
even to the general public. The changes which ASCAP
has sought to avoid are only changes which would deprive
it of the monopolistic control which it has exercised over
the popularization of music, but the broadcasters in
working for “freedom of music” are in fact fighting for
an even greater goal — the freedom of radio.

It is obvious, even to the ignorant, that the American
system of broadcasting as a private enterprise can con¬
tinue only if the broadcasters are permitted to make a
fair profit and that the only alternative would be some
form of government operation such as they have in
Europe. The general public, however, has been slow
to grasp the fact that this larger issue is involved in the
present controversy. Every broadcaster has known that
the ASCAP monopoly was in cold fact a continuing threat
to his existence. The present status of the affair with
the Department of Justice must at last awaken every
man in the street to the real significance of the fight
which BMI and the broadcasters are making.

There has been a tendency to say, “I can't believe that
.ASCAP really wants to wipe out the broadcasting in¬
dustry.”

The broadcaster could only reply, “Well, their policies
certainly worked in that direction.”

Now BAIT has accepted for itself terms which make
monopoly impossible, terms even more stringent than
those which .ASC.AP refused to accept in December.

.And .ASC.AP, as if to remove any lingering doubt, is
making clear the fundamental nature of the struggle
in the words of one of its most influential members,
Irving Caesar, president of the Song Writers Protective
.Association and a member of the ASC.AP Board of Direc¬
tors. Last summer Air. Caesar was quoted in a short
newspaper item as pointing with favor to the position of
the song writers under the British radio system. This
month he returned to the same attack in a big way with
a vitriolic, vituperative indictment of BAII and the radio
industry delivered before a meeting of the Song Writers
Protective .Association.

Air. Caesar has been quoted as saying, “For my own
part I’ll take my chances on government-run, non-com¬
mercial radio.”

There lies the basic substance of the matter. Freedom
of radio is the stake.

The radio is not only a means of entertainment: it is
also one of the most important means for the spread of
information and the expression of opinion. It will remain
a fair and open forum only so long as it remains a private
enterprise. In fighting for the existence of their industry,

98 — January 31, 1941

the broadcasters are fighting for a principle which is as
vital to American democracy as freedom of speech and
freedom of the press.

BMI FEATURE TUNES
February 3-10

1. HIGH ON A WINDY HILL

2. YOU WALK BY

3. HERE’S MY HEART

4. BUGLE WOOGIE

5. IT ALL COMES BACK TO ME NOW

6. MAY I NEVER LOVE AGAIN

7. I CAN’T REMEMBER TO FORGET

8. WISE OLD OWL

9. ACCIDENT’LY ON PURPOSE

10. KEEP AN EYE ON YOUR HEART

11. BECAUSE OF YOU

12. ALL I DESIRE

13. WALKIN’ BY THE RIVER

14. LET’S DREAM THIS ONE OUT

15. LITTLE SLEEPYHEAD

16. ANYWHERE

17. BREAKFAST FOR TWO

18. I LOOK AT YOU

19. SHADOWS IN THE NIGHT

The records of sheet music sales, phonograph record
sales, and the records earning the biggest money in the
coin machines all give the answer to ASCAP’s propaganda
which has sought to turn the public against BMI tunes.
These records prove the influence of radio in populariz¬
ing music. They also prove that the music furnished by
BMI is more pleasing to the public than the music of
any other publishing house. Among the fifteen best sheet
music sellers listed by Variety the top nine contain seven
of BMTs own publications and two others licensed through
BMI. On the coin machine list “Frenesi” ranks No. 1
and songs published by BMI appear at 2nd, 5th, 6th, and
10th places. No other publisher is represented by more
than one song. BMI’s “There I Go” and “I Give You
My Word” are credited with having been on the list for
eight and seven weeks respectively, a longer time than
that shown by any other number. Among the ten best
selling records as shown by Billboard six are records of
BMI’s publication or of music licensed through BMI.

BMI’s sheet music sales are running around 130,000
copies a week. The leaders at present, together with their
sales up to the end of last week, are “There I Go”
(140,000), “I Hear a Rhapsody” (120,000), “I Give
You My Word” (72,000), and “So You’re the One”
(60,000).

Notice

]\I. E. Tompkins, Voce President and General iManager
of Broadcast Music, Inc., sends the following memoran¬
dum to all BMI member stations:

“We are informed that some stations are refraining from playing
stock orchestrations of works in our catalogue of E. B. Marks com¬
positions because of the fact that these works have been arranged
or orchestrated by persons who are now members of ASCAP. These
stock orchestrations are covered by Marks’ indemnity to us and by
our indemnity to you, and we see no reason why stations should
avoid their performance. In all cases we are advised by E. B.
Marks & Company that these orchestrations were made for hire
and are the sole property of Marks, and our investigation discloses
that this is the fact.”

Coin Operators Support BMI

The BMI booth was a conspicuous landmark in the
annual exhibition of the Coin Machine Industries held
recently at the Hotel Sherman in Chicago. The operators
of coin phonographs, music dealers, record distributors,
and the proprietors of restaurants, grills, and other amuse¬
ment places which rely upon coin phonographs for enter¬
tainment thronged the booth. They expressed warm and
practically unanimous support of BMI. Several hundred
added their names to the already impressive list of those
who have requested notice of all new records of BMI
music.

The automatic phonograph industry has two reasons
to support BMI in its effort to establish an open market
for music:

1. ASCAP’s efforts to obtain a revision of the copy¬
right law which would permit it to tax coin phonographs
and its announced intention of levying a sixty-dollar-a-
year tax on the machines;

2. The number of taverns and small night clubs which
use phonographs or employ small orchestras one or two
nights a week or for other circumstances are brought,
even under the present law, within the range of ASCAP
persecution.

Next to radio, the hundreds of thousands of coin phono¬
graphs are probably the most important means of popu¬
larizing music and the support of this industry is of
great importance to BMI. The fact that BMI music is
popular with the patrons of the phonographs has been
well demonstrated by the number of records of BAH
music which have appeared week after week on the lists
of the biggest money makers in the coin machines.

BMPs exhibition at the coin machine show was wel¬
comed by all parts of the industry as a demonstration of
BMI’s good will toward the phonograph operators. The
number of delegates and visitors who requested releases
of BAH records and printed music, the number who read
the BAH and NAB pamphlets, and especially those who
came back to ask for more of the pamphlets so that they
might distribute them among their friends — all gave evi¬
dence that the automatic phonograph industry recipro¬
cates BAH’s good will in a very practical way.

January 31, 1941 — 99

Thus Saith the Preacher

Local minister wrote ASCAP that he had seen state¬
ment in newspaper that ASCAP would make no charge
for use of its music in church services and was also
willing to permit such services to be broadcast even though
radio stations had no ASCAP license. ASCAP replied
that church was at liberty to use ASCAP music and have
same broadcast, but, of course, the minister was to an¬
nounce during the service that music was being used by
courtesy of ASCAP. Minister called manager of radio
station on telephone to read him ASCAP letter. Said
the dominie, ‘T’m going to write those fellows and tell
them what I think. I'm going to give them hell".

Which illustrates ASCkA-P’s failure in its efforts to use
sacred music as a commercial shillelagh.

75 Per Cent Non-ASCAP

According to a report from WTS, in Columbia, S. C.,
the average South Carolina music lover is 75 per cent
non-ASC.'\P. This was proved on January 22nd by no
less a personage than the world famous pianist, Alec
Templeton. Templeton played a concert with the South¬
ern Symjrhony on that date.

During the course of Templeton's part of the program,
he asked the audience to name four selections for him
to use in a special improvisation. These selections were
to include a popular number, a piano solo, a semi-classic,
and a classical number. Immediately the audience
shouted, “Frenesi — Frenesi!’’ This indicates the way the
radio industry can popularize a tune. For the classical
selection Templeton used music from Tannhauser, which
is in public domain and was broadcast over WIS on
January 18th from the Metropolitan Opera.

The semi-classic number was the Blue Danube Waltz —
also in PD. The only ASCAP number in the group was
the piano solo, “Nola,” made familiar by 'Vincent Lopez
over a period of many years. Thus, three out of four
or 75 per cent of this particular group of songs were
non-ASCAP tunes.

Sales

STATION FACILITIES CONTRACT

Numerous meetings, both joint and separate, of the
NAB and .A.AAA committees will have been held by the
end of this week in a final effort to compose any differ¬
ences remaining between the two groups in respect of the
Station Facilities Contract recommended by the NAB
January 7. Col. Harry C. IVilder, WSYR, Chairman of
the N.'\B committee, reports that it now seems likely
that some alternative provisions may be recommended to

stations for the purpose of meeting certain agency views.

Col. Wilder added that the meetings of time-buyers
and station managers this week revealed a spirit of har¬
monious cooperation.

It is believed that where on local accounts stations bill
weekly or have special terms of payment, a separate local
contract form might be desirable. The current A.\AA
negotiations pertain only to a station contract form for
national spot business placed by agencies. The negotia¬
tions may result in making it advisable for stations to
print a separate contract form for use on local business.

After a number of joint meetings, much progress has
been made on the standard invoice form. The Fiscal
Committee of AAAA and the Accounting Committee of
the N.4B will shortly confer on final details.

Engineering

TELEVISION DEMONSTRATIONS

Recent television developments were demonstrated to
FCC officials and members of the National Television
Systems Committee on January 24 and 25. Visits were
made to the New York television laboratories of Du
Mont, Bell Telephone, CBS, RCA and Scophony. Be¬
sides Chairman James L. Fly, the FCC officials present
were Commissioners Norman Case, Paul Walker, William
H. Bauer, head attorney, E. K. Jett, Chief Engineer,
A. D. Ring, Assistant Chief Engineer, Nathan David of
the legal staff and George Gillingham, director of infor¬
mation.

The Du Mont laboratories demonstrated their 629 line
15 frames per second transmission received on a 20-inch
tube.

RCA demonstrated a new large screen home receiver.
The screen on this receiver was 18 x 13j4 inches. The
picture was produced by a new 5-inch projection tube.
The image of the tube was passed through a lense to a
mirror on the cover of the receiver and from there was
reflected to the screen standing perpendicular at the front
of the receiver.

RCA demonstrated in the New York Theatre, television
reproduction an a screen 15 x 20 feet. RC.V also demon¬
strated relay television from camp LTpton, 68 miles from
New VYrk. The scenes at Camp Upton were passed
through 2 relay points.

The Bell Telephone Laboratories demonstrated the re¬
lay of television programs by means of coaxial cable. The
programs were relayed from the Bell laboratories to Phila¬
delphia and back again, a total distance of approximately
200 miles. The receiver was switched between the direct
line and the picture relayed to Philadelphia in order to
show the amount of ciuality lost in the transmission.

100 — January 31, 1941

Columbia Broadcasting System demonstrated their
color television both direct pick-up and pick-up from film.

Scophony, one of the leading television companies of
England, demonstrated its mechanical system of recep¬
tion on a 4-foot screen and on a larger screen of 9 x 12
feet. The Scophony mechanical system employs a system
of revolving mirrors for moving a beam of light over the
reception screen.

This series of demonstrations was a prelude to the
report to be given the FCC by the National Television
Systems Committee on January 27.

As reported in the NAB Reports for September 13
on page 4594, it will not be necessary to file an applica¬
tion for license renewal until after the provisions of the
North American Agreement have been carried out.

NTSC REPORT

The report of the National Television Systems Com¬
mittee was given to the FCC on INIonday, January 27.

Chairman James L. Fly and Commissioners T. A. i\F
Craven, Paul Walker and Norman Case received the
report. Chairman Fly opened the procedure by saying
that former hearings on television found the industry’s
opinion divided on various significant standards. This
division of opinion was enough to throw doubt on the
adequacy of standards which could then be formulated
and it seemed that further experimentation and study
was necessary. Chairman Fly continued that Mr. James
S. Knowlson and Mr. W. G. R. Baker of RMA took the
lead in forming the National Television Standards Com¬
mittee. Chairman Fly said he thought that the industry
could justly take pride in the manner in which it turned
to the solution of the problem of forming television
standards. Chairman Fly continued that a hearing would
be scheduled later at which argumentation and cross
examination would be allowed on the various ramifica¬
tions of television standards, and that today the reports
of the NTSC would be received without argument or
cross examination.

Chairman Fly then called on Mr. Baker, Chairman of
the NTSC to render the television report. Dr. Baker
outlined the organization of the NTSC and outlined its
rules of procedure. He said that 60 meetings were held
by the various panels of the NTSC and that approxi¬
mately 5,000 man-hours had gone into carrying out the
work of the Committee. Dr. Baker then called on the
nine panel chairmen in turn to give a report on the work
of their panels. Dr. Baker then turned over to the FCC
the main report of the NTSC. At the end of the Con¬
ference, Chairman Fly complimented the NTSC on its
work.

The report of the NTSC to the FCC reveals that the
standards recommended are very little different from the
old RMA standards. The main difference seems to be

that Frequency Modulation is recommended for the
sound channel rather than Amplitude Modulation. Fol¬
lowing is the report of the NTSC to the FCC:

The National Television System Committee recommends here¬
with transmission standards for commercial television broadcasting.
The Committee recognizes the coordinate importance of standardiza¬
tion and the commercial application of technical developments now
in the research laboratories. These standards will make possible
the creation, in the public interest, of a nationally coordinated
television service and at the same time w'ill insure continued de¬
velopment of the art.

Monochromatic transmission systems other than those embodied
in these standards should be permitted to operate commercially,
when a substantial improvement w'ould result, provided that the
transmission system has been adequately field tested and that the
system is adequately receivable on receivers responsive to the then
existing standards.

This Committee believes that, although color television is not at
this time ready for commercial standardization, the potential im¬
portance of color to the television art requires that —

(a) A full test of color on the Group A channels be permitted
and encouraged, and that

(b) After successful field test, the early admission of color to
the Group .A channels on a commercial basis coexistent with
monochromatic television be permitted employing the same
standards as are herewith submitted except as to lines and
frame and field frequencies. The presently favored values
for lines, frame and field frequencies for such a color system
are, respectively, 343, 60, and 120.

These transmission standards are recommended for commercial
television broadcasting on the following channels;

No.

1.

50-56

Me,

No.

2.

60-66

Me.

No.

3.

66-72

Me.

No.

4.

78-84

Me.

No.

5.

84-90

Me.

No.

6.

96-102

Me.

No.

7.

102-108

Me.

I: The Television Channel

1. The width of the standard television broadcast channel shall
be SIX megacycles per second.

2. It shall be standard to locate the picture carrier 4.5 mega¬
cycles per second lower in frequency than the unmodulated sou"nd
carrier.

3. It shall be standard to locate the unmodulated sound carrier
0.25 megacycles per second lower than the upper frequency limit
of the channel.

4- The standard picture transmission amplitude characteristics
shall be that showm in Drawing I.

II: Scanning Specifications

5. The standard number of scanning lines per frame period in
monochrome shall be 441, interlaced two to one.

6. The standard frame frequency shall be 30 per second and the
standard field frequency shall be 60 per second in monochrome.

7. The standard aspect ratio of the transmitted television picture
shall be 4 units horizontally to 3 units vertically.

8. It shall be standard, during the active scanning intervals, to
scan the scene from left to right horizontally and from top to
bottom vertically, at uniform velocities.

Ill: Picture Signal Modulation

9. It shall be standard in television transmission to use amplitude
rnodulation for both picture and synchronizing signals, the two
signals occupying different amplitude ranges.

10. It shall be standard that a decrease in initial light intensity
cause an increase in radiated power.

11. It shall be standard that the black level be represented by a
definite carrier level, independent of light and shade in the picture.

12. It shall be standard to transmit the black level at 75 per
cent (with a tolerance of plus or minus 2.5 per cent) of the peak
carrier amplitude.

January 31, 1941 — 101

IV : Sound Signal Modulation

13. It shall be standard to use frequency modulation for the
television sound transmission.

14. It shall be standard to pre-emphasize the sound transmission
in accordance with the independence-frequency characteristics of
a series inductance-resistance network havinp a time constant of
100 microseconds.

V : Synchronizing Signals

15. It shall be standard in television transmission to radiate the
synchronizing waveform shown in Drawing II.

16. It shall be standard that the time interval between the lead¬
ing edges of successive horizontal pulses shall vary less than one
half of one per cent of the average interval.

17. It shall be standard in television studio transmission that the
rate of change of the frequency of recurrence of the leading edges
of the horizontal synchronizing signals be not greater than 0.15
per cent per second, the frequency to be determined by an averag¬
ing process carried out over a period of not less than 20, nor more
than 100, lines, such lines not to include any portion of the vertical
blanking signal. (See Note A.)

VI: Transmitter Ratings

18. It shall be standard to rate the picture transmitter in terms
of its peak power when transmitting a standard television signal.

19. It shall be standard in the modulation, of the picture trans¬
mitter that the radio frequency signal amplitude be 15 per cent
or less of the peak amplitude, for maximum white. (See Note B.)

20. It shall be standard to employ an unmodulated radiated
carrier power of the sound transmission not less than 50 per cent
nor more than 100 per cent of the peak radiated power of the
picture transmission.

21. It shall be standard in the modulation of the sound transmitter
that the maximum deviation shall be plus or minus 75 kilocycles
per second.

VII: Polarization

22. It shall be standard in television broadcasting to radiate
horizontally polarized waves:

Note .A: It is recommended that as progress in the art makes it
desirable, the maximum rate of change of frequency of the trans¬
mitted horizontal synchronizing signals for studio programs be
reduced and that limits be set for transmissions originating else¬
where than in the studio.

Note B: It is the opinion of the N.T.S.C. that a picture trans¬
mitter not capable of a drop in radio frequency signal amplitude to
15 per cent or less of the peak amplitude would be unsatisfactory
since it would not utilize to the best advantage the available radio
frequency power. At the same time the N.T.S.C. is aware of the
practical situation that it may not be possible for all of the first
picture transmitters to meet this standard. It should be possible in
picture transmitters for the lower frequency channels in Group A
to meet this standard, although it may not be possible for picture
transmitters for the higher frequency channels in Group A to meet
it at first. After the first operation on the higher frequency chan¬
nels and as designs progress it should be possible to meet it.

It is requested that the Federal Communications Commission take
cognizance of this situation.

Respectfully submitted,

W. R. G. Baker, Chairman.

District Meetings

RESOLUTION

The broadcasters of the 17th NAB District, embracing
stations of Washington, Oregon and the territory of
■Alaska in oft'icial .session at I’ortland on this 22nd day
of January, Nineteen Hundred and Forty-one resolve:

Whereas, for the past three years, C. W. “Chuck” Myers
(KOIN-KALE), Portland, has served this district in the
capacity of District Director on the Board of the National
Association of Broadcasters, and whereas, at Air. Myers’
specific request that he be relieved of further duties in
this connection, a new Director for the 17th District has
this day been selected to succeed Mr. Alyers for the
ensuing two-year term and whereas, Mr. Alyers during
the term of his membership upon the Board, and prior
thereto, in other industry capacities has faithfully, con¬
structively, able and diligently served the interests of
this District and has contributed in a large measure to the
solution of industry problems of a national character,
and has at all times evidenced a deep personal interest
and given attention to problems of individual broad¬
casters within this District, now therefore, be it resolved
by the broadcasters of the 17th NAB District that we
hereby express to “Chuck” Myers our deep personal and
official appreciation for his splendid service and express
for him our hope of continued success and well-being.

Motion by: Harvey Wixson (KHQ-KGA), Spokane,
Washington.

Seconded by: John G. Bauriedel (KUIN), Grants Pass,
Oregon.

Unanimuosly carried.

The following registered at the Seventeenth District
meeting in Portland, January 22:

James C. Wallace, K.AST ; Frank H. Loggan, KBND; J. Elroy
McCaw, KELA; W. Carey Jennings, H. Q. Cox, Abe Bercooth,
Paul H. Connet, Chester L. Blomsness, Bob Prigmore, James A.
Mount, Ralph W. Rogers, Donald W. Ween, Jr., and Bill Mock,
KGW-KEX; Harvey Wixson, KHQ-KGA, R. W. Britton, KGBU;
Tom Olsen, KGY ; Loren B. Stone, H. J. Quilliam, KIRO; Harrison
A. Miller, Dick Ross, J. A. Murphy, KMO-KIT ; Barney Ken¬
worthy, Marvin E. Johnston, KODL; H. M. Swartwood, Jr.,
C. W. Myers, Joseph Samgaetes, Harry H. Buckendahl, Charles

G. Conche, Harvey S, Benson, Ted W. Cooke, KOIN-KALE; Ted
Kooreman, KALE; Birt F. Fisher, Peter Lvman, W. W. Warren,

H. M. Feltis, KOMO-KJR; Sheldon F. Sackett, KOOS-KV.AN;
Glenn McCormick, Day Foster, Frank Hill, KORE; Marshall H.
Pengra, KRNR; Robert E. Priebe, KRSC ; H, .4. Reed, KSLM;
John G. Bauriedel, KUIN; Jerry Jensen, KUJ ; S. W. McCready,
KV.AN ; Vernice Irwin, Earl Irwin, KVI; Rogan Jones, KVOS ;
Ralph R. Cronise, KWIL; C. O. Chatterton, KWLK; Florence
Wallace, KXA; T. W. Symons, Jr., KFPY-KXL; T. W. Symons,
HI, KXL; Harry R. Spence, Fred S. Goddard, KXRO; John
Kutner; Paul H. Raymer, F. C. Brokaw, Paul H. Raymer Co.;
Gerald King, Standard Radio; Carl Haverlin, BMI; Johnnie
Walker, Doris Quinn, Music Clearance, Inc.; W. McKinley Siller-
man, SESAC.

DISTRICT 10

Fifty-three representatives of Nebraska, Iowa, and
Missouri stations defied a mid-west blizzard to attend
the 10th District meeting at Omaha on Saturday, the 25th.

Director Johnny Gillen, Jr., WOW, received expres¬
sions of deep regret from seven other broadcasters who
had planned to be on hand, but who could not make it
into Omaha on account of the snow storm.

Principal topic of discussion, as at other District
meetings, was the music situation. Carl Haverlin, Sta-

102 — January 31, 1941

tion Relations Manager of BMI, answered many ques¬
tions relative to the use of the Catalog and protection
against possible use of music for which no license is held
by the station. Every station present reported a most
encouraging and gratifying audience reaction to the
music being played on their station since the 1st of
January.

Other industry problems were discussed, including cer¬
tain phases of the labor situation, the unit plan of volume
measurement, and great stress was laid upon the coming
19th annual convention of NAB to be held in St. Louis.
St. Louis is in the 10th District and all of the broad¬
casters agreed to fully discharge their obligations as hosts.
Director Gillen appointed committees to look after the
various details. It was a splendid and rousing meeting.
The list of those present follows:

Rev. W. .4. Burk, WEW; William Brandon, WHO-WOC ;
Arthur B. Church, KMBC; George Crocker, KFNF; Russ David,
KSD; Dietrich Dirks, KTRI; Beuford Eaves, KGNF ; F. C.
Eighmey, KGLO; Ralnh Evans, WHO-WOC; Jack Falvey, KBIZ;
Dean Fitzer, WDAF ; E. T. Flaherty, KSCT ; Ralph Foster, KGBX-
KWTO; Paul Boyer, KORN; Earl H. Gammons, WCCO; John
1. Gillin, Jr., Howard Peterson, William Ruess, Bill Wiseman,
WOW; Edward W. Hamlin, KSD; Merle S. Jones, KMOX; H J.
Kaufman, WD.4F ; Jack Luther, KORN; Craig Lawrence, KSO-
KRNT ; W. 1. LeBarron, KGNF; Buryi Lottridge, WOC ; William
B, Quarton, WMT ; J. C, Rapp, J. D. Rankin, Jr., Owen Saddler,
R. H. Sawyer, KM.A; Orville Rennie, Duane L. Watts, KH-4S;
Randall Ryan, Elbert .A. Read, KFNF; Elizabeth Sammons, KSCJ ;
Vernon H. Smith, KOWH; Robert F. Schuetz, NBC; E, C. Wood¬
ward, KFNF; Frank E. Pellegrin, KOIL-KF.AB-KFOR ; J. M.
Lowman, KOIL; Foster May, WOW; Clifford T. Johnson, KOIL;
Woody Woods, WHO; Hale Bondurant, WHO; Carl Haverlin,
BMI; C. E. .Arney, Jr., N.AB ; Gustav M. Hagenah, SES.AC ; W. C.
Hutchings, Associated Music Publishers, Inc.; Alex Sherwood,
Standard Radio; Luther Hill, KSO-KRNT-WMT.

DISTRICT 14

The broadcasters of Colorado, Utah, Idaho, Wyoming
and Montana met in a District session in Denver on
Monday, January 27th.

Director Eugene P. O’Eallon, KEEL, called the session
to order with 31 representatives of broadcasters and allied
industries in attendance. There were 20 stations of the
27 NAB members in the District represented. As in
previous district meetings, music questions received de¬
tailed attention and similar reports of satisfactory au¬
dience reaction to the music being offered by radio was
announced.

The following resolution was adopted:

“Resolved: That the broadcasters of the Fourteenth District vote
renewed confidence in BMI, and congratulate those responsible for
its progress on a job well done.”

Following is a list of those present:

E. G. Beehler, KGEK; Frank Bishop, KFEL; S. S. Fox, KDYL ;
H. E. Green, KFKA; William C. Grove, KFBC; Donald Hathawav,
KDFN; L. L. Hilliard, KGKY; Rex Howell, KFXJ ; Frank E.
Hurt, KFXD; Don McCaig, KFEL; I. H. McGill, KGHF ; Hollv
Moyer, KEEL; Eugene P. O’Fallon, KFEL; R. H. Owen, KOA;
W, D. Pvle, KVOD; Curtis Ritchie, KGHF; Glen Shaw, KSL;
O. P. Soule, KTFI-KSEI; Hugh B, Terry, KLZ; W. E. Wagstaff,
KDYL; Rav B. White, KPOE; Ed Yocum, KGHL; Lloyd E.

Yoder, KOA; H. L, McCracken, KYAN-KVRS; C. E. Arney, Jr.,
N.AB; Leonard Callahan, Gustav Flagenah, SESAC ; Carl Haverlin,
BMI; William H. Pickens, Transradio; .Alex Sherwood, Standard;
R. B. Hudson, Rocky Mountain Radio Council.

GILBERT NEWSOME

xAnyone knowing the whereabouts of Gilbert Newsome,
announcer, is requested to communicate immediately with
Station WGH, Norfolk, Virginia.

Legal

ADMINISTRATIVE PROCEDURE

The Attorney General’s Committee on .Administrative Procedure
last Saturday made public its report which it has transmitted to
the Attorney General.

The Committee’s Report, which is a thousand pages in length,
is based upon detailed studies of the individual agencies. The
Committee finds that the agencies are so diverse in character that
in many instances they must be dealt with individually rather than
in terms of general recommendations. .Accordingly the Committee
has included in its Report a group of detailed technical recom¬
mendations for changes in each of the individual agencies which it
has studied. (Not available as we go to press.) In addition the
Committee has made a series of general recommenrlations, ap¬
plicable to all agencies and which have been embodied in a pro¬
posed bill accompanying the Report.

The principal general recommendations contained in the Report
and in the proposed bill are as follows:

1. Creation of an Office of Federal^Administrative Procedure .

An Office of Federal Administrative Procedure is to be

established to review the procedures and practices of adminis¬
trative agencies. The new Office would be composed of a
Director appointed by the President, with the advice and con¬
sent of the Senate, an Associate Justice of the United States
Circuit Court of Appeals for the District of Columbia to be
designated by the Chief Justice of that Court, and the Director
of the Administrative Office for the United States Court who
is appointed by the Supreme Court of the United Stales. The
Director of the Office of Federal .Administrative Procedure
w'ould make a continuing study of the wmrk of the administra¬
tive agencies, receive complaints from members of the public,
and from time to time wmuld make such recommendations to
the agencies and to the Congress as might be desirable to
achieve as much uniformity in administrative procedure as
possible,

2, Separation of Judicial and Prosecutive Functions.

■A new’ corps of officers is to be created to hear and decide
cases in the administrative agencies. These officers would be
known as “hearing commissioners.” They would be nominated
by the administrative agency and W'ould be appointed, after
investigation, by the Office of Federal Administrative Pro¬
cedure. To assure their independence, these "hearing commis¬
sioners” would be given a 7-year term of office, and would be
removable for cause only by the Office of Federal .Arlministra-
tive Procedure. Their salaries would also be fixed by law at
$7,s00 a year.

The functions of the "hearing commissioners” would be
analogous to those of trial judges. In each case heard by a
"hearing commissioner” his decision would be final unless
appealed to the head of the agency. The Committee recom¬
mends that on appeal the findings of fact of the "hearing com¬
missioners” be left undisturbed unless clearlv erroneous. ,A
major objective of the Committee’s recommendations is to limit
further agency review of the decisions of "hearing commis¬
sioners” so as to make it possible for the agency heads them-

January 31, 1941 — 103

selves to examine and decide cases on appeal, and thus to
abolish review attorneys.

The Committee recommends further steps to effect an in¬
ternal separation of the functions of judge and prosecutor.
The “hearing commissioners” are to be a separate unit entirely
divorced from any investigative or prosecutive activities. Per¬
sons within an agency who investigate or present cases will
have no part in the decision and will not act as consultants
for agency heads who decide cases on appeal. It is also
recommended that the agency heads divorce themselves as
far as possible from the initiation of action by delegating that
function to responsible officers in the agency who will have no
part in the deciding.

3. Agency Rules and Regulations.

The Committee recommends that the procedure for the
issuance of rules and regulations be regularized, and that per¬
sons affected by proposed rules and regulations be given a
fuller opportunity to participate in the drafting. The Com¬
mittee’s proposed bill provides that, except in special cases,
rules and regulations adopted by administrative agencies shall
not take effect until 45 days after publication so that all per¬
sons may, meanwhile, submit their views and comments. In
addition, any person affected by a rule or regulation is to
have the right to petition for an amendment to the regulation,
and each agency is to report to Congress on its disposition of
such petitions.

Although the Committee recommends the extension of the
use of hearings prior to the issuance of rules and regulations
in many specified situations, it states that a ragid requirement
of hearings in all cases before regulations are issued is not
flesirable. It urges agencies, however, to allow the broadest
possible participation, by consultation and otherwise, of the
public in rule-making processes. It observes that the great
majority of agencies now use hearings, conferences, and con¬
sultations, even though they are often not required by law.

To eliminate unnecessary uncertainties, the Committee rec¬
ommends that all agencies be empowered to issue declaratorx-
or advance rulings. Any interested person who wishes to
know his rights and duties in a specific situation may request
a ruling of the agency and, after the ruling has been issued, it
is to be binding on both the agency and the interested person
and is to be review'able in the courts to the same extent as
any final order.

4. Simplification of Administrative Procedures.

The Committee recommends that the agencies simplify
administrative procedure by extending the use of conferences
and other informal methods to settle controversies. Agencies
are urged to delegate routine matters, and to make available
responsible officers for the settlement of disDUtes, so that delays
and red tape may be diminished. The Committee condemns
protracted and expensive hearings, and proposes that devices
such as stipulations, pre-hearing conferences and written evi¬
dence be used to expedite formal proceedings.

The Committee also discusses methods for keeping the public
informed of the activities of administrative agencies, and
recommends that each agency facilitate dealings with the public
by making clear to the public what its policies, structure and
organization are, and by accompanying its decisions with
opinions.

5. Court Review.

The Committee finds that, under present statutes and deci¬
sions, there is adequate provision for court review of agenc>'
decisions, both on the law' and on the facts. The Committee
finds that further extension of court review would result in
needless litigation, and would place an undue and improper
burden upon the courts.

The Committee recommends against the creation of special
administrative courts. After thorough study, it feels that the
creation of special administrative courts is not feasible or
desirable. It suggests that such a separation would create
confusion for the persons who deal with agencies, and that
such separation is not necessary to achieve impartial and
oljjective decisions. The Committee believes that the creation
of independent “hearing commissioners” and the recommended
internal separation of functions within the agencies will pro-
\ide adequate safeguards.

The Committee finds that the administrative process is not a new
one, but that it has been used since the beginning of American
government. A great majority of the agencies studied were created
before 1930, and some are as old as the Federal government itself.
The thirty-three agencies and departments studied by the Com¬
mittee are: Division of Public Contracts, Department of Labor,
VValsh-Healey Act; Veterans Administration; Federal Communica¬
tions Commission; United States Maritime Commission; Federal
Alcohol Administration; Federal Trade Commission; Administra¬
tion of the Grain Standards Act, Department of Agriculture; Rail¬
road Retirement Board; Federal Reserve System; Department of
Commerce; Bureau of Marine Inspection and Navigation; Admini¬
stration of the Packers and Stockyards Act, Department of Agri¬
culture; Post Office Department; Federal Control of Banking,
Comptroller of the Currency and Federal Deposit Insurance Cor¬
poration; Administration of the Fair Labor Standards Act of 1938
(Wage and Hour Division, Children’s Bureau); War Department;
Social Security Board; Railway Labor National Mediation Board,
National Railroad Adjustment Board) ; National Labor Relations
Board; Civil .Aeronautics Authority; Department of the Interior;
United States Employees’ Compensation Commission; Administra¬
tion of Internal Revenue Laws (Bureau of Internal Revenue, Board
of Tax Appeals, Processing Tax Board of Review) ; Bituminous
Coal Division, Department of Interior; Interstate Commerce Com¬
mission; Federal Power Commission; Security and Exchange
Commission; .Administration of Customs Laws (Bureau of Customs,
FInited States Tariff Commission) .

At the conclusion of the Report, the Committee has included over
130 pages of detailed technical recommendations for changes in
the individual agencies. In addition, the Committee has accom¬
panied its Report w'ith appendices, over 400 pages in length, de¬
scribing important phases of administrative procedure.

The Committee was appointed on February 24, 1939 by former
Attorney General Murphy at the request of the President. The
present membership of the Committee is: Mr. Dean .Acheson of
Washington, D. C.; Chairman; the Honorable Francis Biddle,
Solicitor General of the United States; Professor Ralph F. Fuchs,
Washington University Law School, St. Louis; Dean Lloyd K.
Garrison, University of Wisconsin Law School; Chief Justice D.
Lawrence Groner, LTnited States Court of .Appeals for the District
of Columbia; Professor Henry H. Hart, Jr,, Harvard Law School;
Mr. Carl McFarland, Washington, D. C., former Assistant Attorney
General; Judge Janies W. Morris, LTnited States District Court for
the District of Columbia; Professor Harry Shulman, Yale Law
School; Dean E. Blythe Stason, University of Michigan Law
School; Mr, Arthur T, Vanderbilt of New Jersey, former President
of the American Bar Association. Professor Walter Gellhorn of
the Columbia Law School has served as Director of the Committee’s
staff.

The Committee was instructed by the President to make a thor¬
ough study of existing administrative practices and procedures
“with a view to detecting any existing deficiencies and pointing the
way to improvements.” As part of its study, the Committee’s staff
prepared 27 monographs on existing procedures and practices of
those F'ederal agencies which affect private interests. These were
widely |iublished, and in June and July, 1940, the Committee held
public hearings at which it obtained the comments and opinions
of the public and the bar. The Committee’s recommendations are
based upon this material.

Mr. Chief Justice Groner and the Messrs. McFarland, Stason and
Vanderliilt have submitted statements of additional views and
recommendations.

104 — January 31, 1941

Legislation

FEDERAL LEGISLATION

HOUSE

H. R. 2598 (Lanham, D-Texas) COPYRIGHT — To provide a
uniform fee for the registration of copyrights. Referred to the
Committee on Patents.

HOUSE RESOLUTION

H. Res. 74 (Geyer, D-Calif.) Requesting the .Attorney General of
the United States to investigate the facts and circumstances con¬
nected with the granting of United States citizenship to W. J.
Cameron, of Dearborn, Michigan. Referred to Committee on Immi¬
gration and Naturalization.

H. Res. 79 (Myers. D-Penna.) To appoint a special committee
to investigate the alleged disagreement between the National Asso¬
ciation of Broadcasters and the American Society of Composers,
.Authors, and Publishers (ASCAP). Referred to Committee on
Rules.

SENATE

S. 517 (Johnson, D-Colo.) LIQUOR ADVERTISING— To pro¬
hibit the paid advertising of alcoholic beverages by radio in certain
circumstances, and for other purposes. Referred to Committee on
Interstate Commerce.

STATE LEGISLATION

■Arizona :

H. 13 (Moschammer) sales T.'KX — INCREASE — Amends the
present sales tax law by raising the rates for all types of business
to two per cent gross; includes manufacturing, transportation,
mining, etc., w'hich now carry one per cent or less. Referred to
Taxation Committee 1/14/41. Referred to Judiciary, Ways and
Means, and Efficient Government Committees 1/15/41.

California :

A. 434 (Maloney) EMPLOYMENT AGENCIES — An act relat¬
ing to employment agency licenses. Referred to Committee on
Judiciary Codes.

A. 796 — MUSIC — COPYRIGHTS — Prohibits nooling of music
copyrights. Referred to Committee on Judiciary General.

A. 797 — MUSIC — COPYRIGHTS — Prohibits pooling of music
copyrights. Referred to Committee on Judiciary General.

798 — MUSIC — COPYRIGHTS — Prohibits pooling of music
copyrights. Referred to Committee on Judiciary General.

A. 1578 (Tenney) COPYRIGHTS — .Assists in effectuating the
intent and enforcement of the Federal Copyright Law. Referred
to Committee on Judiciary General.

Connecticut;

H. 90 (Wadhams) radio ADVERTISING— LIQUOR— Pro¬
hibiting the sale of any brand of alcoholic liquor which has been
advertised over any radio broadcasting station since July 1, 1941.
Referred to Committee on Private Corporations,

Idaho:

H. 65 (Mltrphey) musical COPYRIGHTS — Requiring regis¬
tration of copyrights and performing rights for musical composi¬
tions with secretary of state, and prescribing his duties in proceed¬
ings affecting them,

Massachusetts:

H. 1721 (Pet: O'Neill, Jr.) MUSIC — Provides that the sale of
music and use thereof for private and public entertainment be placed
under the jurisdiction of the department of Labor and Industries.
Referred to Committee on Constitutional Law.

Michigan ;

H. 76 (Stanley, et al.) MUSICAL COPYRIGHTS TAX— Levys
a 25% tax on the gross receipts from persons in this State of license
holders of musical copyrights other than true or original composers.
Referred to Committee on Private Corporations

New Hampshire:

H. 183 (Mayo) PRIVATE EMPLOYMENT AGENCIES— Re¬
lating to the licensing of private employment agencies. Referred
to Committee on Revision of Statutes.

H. 207 (Tuttle) LIQL'OR — SALE — Prohibiting the sale of
brands of liquor and beverages advertised over the radio. Referred
to Committee on Liquor Laws.

New York:

A. 474 (Same as S. 311) (Bennigan) INCITEMENT TO
H.'\TRED — MISDEME.ANOR — Makes it a misdemeanor to incite,
advocate or promote hatred, violence or hostility against any per¬
son or group by reason of race, color, religion or manner of
worship, by any form of communication. Referred to Committee
on Codes.

S. 311 (Coughlin) CENSORSHIP — Makes it a misdemeanor
to incite, advocate or promote hatred, violence or hostility against
any person or group by reason of race, color, religion or manner
of worship, by any form of communication. Referred to Com¬
mittee on Codes.

Oregon :

H. 174 (Wells et al.) LIBEL — Amends section 81-2533 pro¬
hibiting certain libelous publications during election campaigns.

Pennsylvania :

H. 79 (Cohen) RADIO BROADC.ASTING— Prohibits the re¬
cording of any broadcast performance or rendition without the
permission and consent of the person or persons whose perform¬
ance or rendition is so recorded.

Washington:

H. 32 (Pennock) PUBLIC EMPLOYMENT AGENCIES— An
act to regulate public employment agencies prescribing maximum
charges. Referred to Committee on Labor and Labor Statistics.

Wisconsin :

S. 43 (Cashman) copyrighted MUSIC— .4n act to create
Section 177.01 (8) of the Statutes, relating to copyrighted music.
Referred to Committee on Judiciary.

NEW YORK LEGISLATION

Harold E. Smith, W.4BY, Albany, has accepted an appointment
as legislative contact man at the New York capital. (NAB
Reports, p. 32.)

FEDERAL COMMUNICATIONS
COMMISSION

FCC APPROPRIATION

The House of Representatives on Thursday passed that
part of the Independent Offices Appropriation Bill taking
care of the FCC appropriation for the fiscal year 1942.

The total appropriation as passed by the House was
for $4,259,729. Included in this amount was $1,920,000
for national defense activities which will allow the Com¬
mission to continue to perform the national defense
functions for the performance of which during the fiscal
year 1941 the Commission received allocation of appro¬
priation from the President’s emergency fund.

The House Appropriation’s Committee, in reporting
out the Independent Offices Bill, had the following to
say in connection with the FCC :

“For salaries and expenses of the regular activities of this agency
there is recommended $2,315,229, which is the Budget estimate and

January 31, 1941 — 105

$138,889 more than the 1941 appropriation. The amount recom¬
mended reflects an actual increase over 1941 of $271,260, owing to
the fact that nonrecurring items totaling $132,871 have been de¬
ducted from the 1942 base figure. This increase will be used
primarily for the establishment of two new field offices for account¬
ing purposes, the operation of two new mobile laboratories, place¬
ment of the telephone regulation personnel on a full-year basis,
the reallocation of personnel approved bv the Civil Service Com¬
mission, and $74,600 for the purchase of technical equipment con¬
sisting of operator examination units, portable frequency meters,
and mobile laboratories.

“The committee have allowed the Budget estimate of $1,920,000
to carry on the work of expansion, modernization, and operation of
radio monitoring and direction-finding equipment and the investi¬
gation of subversive activities in connection with national security
and defense, for which $1,600,000 was allocated from the ‘Emer¬
gency fund for the President, War,’ for the fiscal year 1941.”

TELEVISION REPORT SPEEDS FORMAL
HEARING

Following its conference this week with the National
'relevision Systems Committee, the FCC has announced
that it will hold a formal hearing March 20, for the
purpose of considering the various engineering standards
that have been suggested, and also to determine when
television broadcasting shall be placed upon a commercial
liasis.

Commission Chairman James Lawrence Fly stated
that the work of the National Television Systems Com¬
mittee, sponsored by the Radio Manufacturers Associa¬
tion in cooperation with the Commission, will be most
helpful to the Commission in these considerations. Said
Chairman Fly; “I believe that the results of the Com¬
mittee’s work, which were presented to the Commission
in the informal conference, form a basis upon which the
Commission can move to the definitive questions of stand¬
ardization and commercialization.” He is particularly
optimistic about the possibilities of television as demon¬
strated to the Commission several days previously in
New York.

At the informal conference this week reports by the
National Television Systems Committee only were re¬
ceived. No cjuestions other than those of a purely engi¬
neering character were involved. It was not an occasion
for other parties to be heard, or to cross-examine the
Committee and panel chairmen. However, at the March
20 hearing, all interested parties will be afforded full
opportunity to themselves propose standards, to comment
upon standards which have been proposed by others, to
cross-examine various witnesses, and, generally, to be
heard upon all the pertinent problems in connection with
the standardization and commercialization of television.

The Commission will issue a more specific notice as to
suggested rules for consideration, and the procedure for
the scheduled hearing.

(diairman Fly expressed the hope that the intervening
time will be utilized by those interested to study the
alternative standards with a view to ironing out differ¬

ences in the industry so far as may be feasible. He also
holds it desirable that field testing, which is currently
under way, be brought to some fairly definite conclusion,
in order that the differing standards for television may
be presented on the basis of practical operation.

FM TECHNICAL REQUIREMENTS WAIVED

xAs the result of a conference with manufacturers of
high frequency (FM) broadcast equipment, the FCC has
waived certain technical requirements to expedite opera¬
tion and, incidentally, announces its 30th FM grant on a
commercial basis — for a new station at Syracuse, N. Y.
More than 600,000 residents within a 6,800-square-mile
area of that city will be served by the Central New York
Broadcasting Corp. on 46,300 kilocycles.

Since high frequency broadcast stations are rated on
the basis of specified service and the actual power may
vary widely for the same service area in the same loca¬
tion, the Commission's rules do not specify or standardize
power rating. However, standardization of the maximum
power rating and operating range of the transmitters
would be of mutual assistance to the manufacturer and
broadcaster. Since the Commission has agreed to stand¬
ardize the power in connection therewith it became desir¬
able to waive two rules — Section 3.241, relating to maxi¬
mum power rating, to permit maximum power of four
times the operating power between 12,500 and 25,000
watts until a 25,000 watt transmitter can be developed
and placed on the market; and Section 3,245, relating to
transmitter performance requirements, to permit manu¬
facturers more time to meet the 2 per cent limit on the
combined audio frequency harmonics generated by the
transmitting system.

Because proposed FM service in the Philadelphia and
New Y'ork areas makes assignment of adjacent channels
desirable, the Commission has modified the construction
permit granted the \VCAU Broadcasting Co., in the
former city, to specify 46,900 kilocycles (instead of

46.700) , and that of the Columbia Broadcasting System,
Inc., New York, to specify 46,700 kilocycles (instead of

48.700) . The call letters W67PH assigned to the Phila¬
delphia station necessarily must be changed to \V69PH
to indicate the new frequency assignment. Call letters
for the Columbia Broadcasting System station have not
yet been assigned.

SECTION 3.92 OF RULES SUSPENDED

The FCC suspended requirements of Section 3.92 with
respect to station identification announcements applicable
to all radio broadcast stations carrying the President’s
birthday celebration program for the period 11:15 p. m.
to 12:15 a. m. EST, January 30 and 31.

106 — January 31, 1941

WAIVER OF SECTIONS 3.241 AND 3.245 OF
FM RULES

Section 3.241, of the FCC rules, relating to maximum
power rating, was waived, to permit maximum power of
four times the operating power between 12,500 and 25,000
watts until a 25,000 watt transmitter can be developed
and placed on the market; and Sec. 3.245, relating to
transmitter performance requirements, to permit manu¬
facturers more time to meet the 2 per cent limit on the
combined audio frequency harmonics generated by the
transmitting system, was also waived.

FEDERAL COMMUNICATIONS
COMMISSION DOCKET

Following hearings are scheduled before the Commis¬
sion in broadcast cases during the week beginning Mon¬
day, February 3. They are subject to change.

Monday, February 3

NEW — Pan-American Broadcasting System, Inc., Hollywood, Fla.

— C. P.. 1430 kc., 2S0 watts night, 250 watts day, unlimited.
NEW — Atlantic Broadcasting Corp., Miami, Fla. — C. P.. 1380 kc.,
500 watts night, 1 KW day. unlimited.

NEW — Seaboard Broadcasting Corp., Tampa, Fla. — C. P., 1530 kc.,
1 KW night, 1 KW day, unlimited.

NEW — Robert V. Lee, Bradenton, Fla. — C. P., 1500 kc., 250 watts
night, 250 watts day, unlimited.

Tuesday, February 4

To Be Held in the U. S. Court Building, San Juan. Puerto Rico
NEW^ — Puerto Rico .Advertising Co., Inc., .Arecibo, P. R. — C. P..
1300 kc., 250 watts, unlimited.

NEW — Puerto Rico Advertising Co.. Inc.. San Juan, P. R. — C. P.,
1500 kc., 250 watts, unlimited.

NEW — Caribbean Broadcasting Association, Inc., San Juan. P. R. —
C. P., 1500 kc., 250 watts, unlimited.

WPR.A — Puerto Rico .Advertising Co., Inc.. Mayaguez, P. R —
Renewal of license, 780 kc., 1 KW night, 2^4 KW day, un¬
limited.

Wednesday, February 5

WCSC — The Liberty Life Insurance Co. (Transferor) and John
M, Rivers (Transferee), Charleston, S. C. — Transfer of con¬
trol of South Carolina Broadcasting Co.. Inc.; 1360 kc.,
500 watts night, 1 KW day, unlimited.

Thursday, February 6

WOOD — King-Trendle Broadcasting Corp. (Assignor), WOOD
Broadcasting Corp. (Assignee), Grand Rapids, Mich. —
A'oluntarv assignment of license; 1370 kc., 500 watts, un¬
limited, S-W.ASH.

FUTURE HEARINGS

During the past week the Commission has announced
the following future broadcast hearings. They are sub¬
ject to change.

March 3
Television

NEW— R. B. Eaton, Des Moines, Iowa.— C. P., 66000-73000 kc..
46 watts night. 46 watts day, visual; 100 watts day, aural;
unlimited.

NEW — William D, Hudson and Violet Hutton Hudson, Clarksville,
Tenn. — C. P., 1370 kc., 250 watts, unlimited tim.e.

March 17

WDGY — Dr. George W. Young, Minneapolis, Minn. — C. P., 1100
kc., 5 KW night, 10 KW day, unlimited. D.A night. Present
assignment: 1180 kc., 1 KW night, 5 KW day, limited-KOB

March 18

W.AG.A — Liberty Broadcasting Corporation, .Atlanta, Ga. — C. P..
590 kc., 1 KW night, 5 KW day, D.A night, unlimited.
Present assignment: 1450 kc., 500 watts night, 1 KW da\',
unlimited.

March 19

NEW — Butler Broadcasting Corporation, Hamilton, Ohio. — C. P.,
1430 kc., 250 watts, unlimited.

FEDERAL COMMUNICATIONS
COMMISSION ACTION

APPLICATIONS GRANTED

Central New York Broadcasting Corp., Syracuse, N. A’. — Granted
construction permit for new high frequency (FM) broad¬
cast station to operate on frequency 46301) kc.; 6,800 square
miles; 600,100 population (Bl-PH-50).

WWJ — The Evening News Association, Detroit, Mich. — Granted
modification of construction permit (B2-P-2880 to make
changes in directional antenna nighttime) for approval of
new directional antenna specifications ( B2-MP-1 1,.12 > .
KVOX — Robert K. Herbst (Transferor), David C. Shepard, John
W. Boler, and Howard Johnson (Transferee), KVOX
Broadcasting Co. (Licensee), Moorehead, Minn. — Granted
consent to transfer control of KX'OX Broadcasting Com¬
pany from Robert K. Herbst to David C. Shepard, Howard
Johnson and John W. Boler, representing all the issued and
outstanding capital stock (250 shares of common, par value
.$100 per share) for a cash consideration of $25,000 and
$15,000 in time on the station. The value of time used will
be computed at prevailing rates and not less than $2,000
per year shall be used; station operates on 1310 kc., 250
watts, unlimited time (B4-TC-241).

WOR — Bamberger Broadcasting Service, Inc.. Newark, N. J. —
Granted modification of license to move main studio from
l.H Market St., Newark, N. J., to 1440 Broadwav. New
A^ork City (Bl-ML-1041).

RENEWAL OF TELEVISION STATION LICENSES

The Commission granted the following applications for renewal
of television broadcast station licenses:

W2X.AB, Columbia Broadcasting System, Inc., New A'ork;
W2XBT, W2XBLI. W2XBS, National Broadcasting Co., Inc.. New
York City; W6XDU, Don Lee Broadcasting System, Los AngeFs:
W2XAT, Allen B. DuMont Labs., Inc., Passaic, N. J,; VA'9XZA',
Zenith Radio Corp., Chicago.

The following licenses for television stations expiring Feb. 1.
1941, were extended to March 1, 1941, pending action on applica¬
tions for renewals:

W'3XE, Philco Radio S: Television Corp., Philadelphia; W.IXP.
Philco Radio and Television Corp., Portable; W2XL General Elec¬
tric Co,, New Scotland, N. A’.; VAAlX.AD and W.iXEP. RC.A Manu¬
facturing Co.. Inc., Camden. N. J.

The following licenses for television stations expiring Feb. 1.
1941, were extended to March 1. 1941, pending receipt of applica¬
tions for renewals:

W2XB, W2XH. General Electric Co.. Schenectady, N. A'.;
W9XUL State LIniversity of Iowa, Iowa City, Iowa.

MISCELLANEOUS

National Broadcasting Co., Inc., New A'ork, N. Y. — Granted sne-
cial temporary authority to rebroadcast over the NBC Blue

January 31, 1941 — 107

Network of affiliated stations and international stations
WRCA and WNBI program material originating on army
plane fl\ing over Los Angeles, Calif., and navy plane fl>'ing
over Anacostia, I). C., as part of program “One Nation
Indivisible” to be broadcast on January 20, 1941, between
9 p. m. and 10 p. m., EST.

National Broadcasting Co,, Inc., New York, N. Y. — Granted spe¬
cial temporal')' authority to rebroadcast over VVRC, VVM.'\L
and the Red and Blue Networks of affiliated standard broad¬
cast stations, international broadcast stations WRCA and
WNBI, and experimental station W2XWG, conversations
and orders transmitted from one plane to another and from
planes to the ground control stations, as a special feature in
the coverage of U. S. Army aircraft maneuvers over Wash¬
ington on Inauguration Day, January 20, 1941; communica¬
tions between planes and ground to be on Government fre¬
quencies and program reception to be effected by NBC
receiving equipment located on the Washington Monument
and on the Dome of the Capitol Building, Washington, 1). C.

The Tribune Company, Tampa, Fla. — Petition (1) for partial
removal of condition in its construction permit; (2) for
grant of application of City of St. Petersburg (WSUN) for
modification of license; (3) for grant of application for
transfer of control of Lake Region Broarlcasting Co.
(WLAK), Lakeland, Fla., from individual stockholders to
the Tribune Company; and (4) for assignment of call letters
WFL.'V in place of call letters WKGA to new station of the
Tribune Company, Tampa, denied except as to request for
grant of WSUN application and except as to request for
change in call letters; granted as to these matters only.

WCNW — .Arthur Faskc, Brookhn, N. Y. — Granted special tem¬
porary authoritx' to operate with power of 2S0 watts from
8 to 10 p. m., KST, January 20, 1941, in connection with
rebroadcast of President Roosevelt’s Inaugural Address and
ceremonies only.

WKBN — WKBN Broadcasting Corp., Youngstown, Ohio. — Granted
special temporary authority to operate simultancouslv with
radio station WOSPl from 1 p. m. to 3 p. m., EST, on
January 20, 1941, in order to broadcast Inaugural cere¬
monies of President Roosevelt only.

WRUL — World Wide Broadcasting Corp., Scituatc, Mass. — Granted
license to cover construction permit which authorized in¬
crease in power from 20 KW to .SO KW and changes in
equipment of international broadcast station (Bl-LIB-12).

KFDY — South Dakota State College, Brookings, S. Dak. — Granted
special temporary authority to operate from 9 p. m. to
11 p. m., CST, on January 18, 1941, instead of from 7:50
p. m. to 9:50 p. m,, CST, as authorized January 4, 1941,
in order to broadcast basketball game only.

('hilton Radio Corp., Dallas. Tex. — Granted petition for leave to
amend application for new station to request some frequency
other than lo7(l ke., and to use power of 1 KW day only,
instead of 100 watts unlimited time.

William H. Rines, Portland, Maine. — Granted motion for dis¬
missal without prejudice of application for construction per¬
mit to operate on 51)0 kc., 1 KW night, 5 KW day, unlimited
time, 11.4 night and day.

R. B. Eaton, Des Moines, la. — Granted motion and sup. motion
to take depositions in re application for new television
station.

Wm. D. Hudson & Violet Mutton Hudson, Clarksville, Tenn. —
Granted motion to continue hearing now scheduled for
Jan. 30, for approximately 30 days.

KOWII — World Publishing Co., Omaha, Nebr. — Dismisserl with¬
out prejudice petition to intervene in the hearing on appli¬
cation of KFEQ, St. Joseph, Mo., for construction permit to
operate on (180 kc.. 5 KW, unlimited time, D.4 day and
night.

KFEQ — KFEQ, Inc., St. Joseph, Mo. — Granted motion to accept
technical amendment to application for construction permit.

KGGF — Hugh J. Powell, Coffey ville. Kans. — Granted motion to
amend application for construction permit to operate on
()!»(» k«'., so as to request unlimited time instead of specifierl
hours.

WS.4Y — Brown Radio Service A Lab. (Gordon P. Brown, Ov\ner).
Rochester, N, Y. — Granted motion for order to take deposi¬
tions in re application for construction permit to ojierate
on 184(1 ke., 1 KW, unlimited time, DA day and night.

WIN'O — WJNO. Inc., W . Palm Beach, Fla. — Granted construction
liermit to use formerly licensed composite transmitter and

108 — January 31, 1941

install vertical antenna as an auxiliary unit at 511 Datura
St., W. Palm Beach.

KFH — Radio Station KFFl Co., Wichita, Kans. — Granted modi¬
fication of construction permit (B4-P-2462) for extension
of completion date from Feb. 18 to July 18/41.

K.4RK — .Xrkansas Radio and Equipment Co., Little Rock, ,4rk. —
Granted license to cover construction permit (B3-P-2570)
which authorized increase in night power to 5 KVv' : 8!)(1 ke.,
unlimited time, DA night; also granted authority to deter¬
mine operating power by direct measurement of antenna
input.

WFTG — J. Samuel Brody, Sumter, S. C. — Granted authority to
determine oiierating power by direct measurement of antenna
input.

KXYZ — Harris County Broadcast Co., Houston, Tex. — Granted
authority to determine operating power by direct measure¬
ment of antenna input.

KRNR — News-Review Co., Roseburg, Ore. — Granted authority
to determine operating power by direct measurement of
antenna input.

KLX — Tribune Building Co., Oakland, Cal. — Granted authority
to determine operating pow'er by direct measurement of
antenna input.

WDAS — WDAS Broadcasting Station, Inc., Philadelphia, Pa. —
Granted authority to determine operating power by direct
measurement of antenna input.

WCMI — Ashland Broadcasting Co., Ashland, Ky. — Granted author¬
ity to determine operating power by direct measurement
of antenna input,

KMMJ — KMMJ, Inc., Grand Island, Neb. — Granted authority
to install automatic frequency control unit.

KOCY — Plaza Court Broadcasting Co., Oklahoma City, Okla. —
Granted authority to install automatic frequency control
unit.

KVRS — Wyoming Broadcasting Co., Rock Springs, Wyo. — Granted
authority to install automatic frequency control unit,

WDEF — Joe W. Engel, Chattanooga, Tenn. — Granted license to
cover construction permit (B3-P-2485) which authorized a
new station to operate on !87(( ke.. 250 watts, unlimited
time (B.5-L-1315 ) ; also granted authority to determine
operating power bv direct measurement of antenna input
(B5-Z-641 ).

KAQX — Central States Broadcasting Co., Portable-Mobile, Area
of Omaha, Neb. — Granted modification of construction per¬
mit (B4-PRY-210) , which authorized a new relay broadcast
station, to extend com))letion date from Dec. 18/40 to Feb.
18, 1941 (B4-MPRY-27).

KAQW--Central States Broadcasting Co., Portable-Mobile, Area
of Omaha, Neb. — Granted modification of construction per¬
mit (B4-PRY-209) , which authorized a new relay broadcast
station, to extenrl completion date from Dec. 18/40 to Feb.
18, 1941 (B4-MPRY-29).

KSTP — KSTP, Inc., St. Paul, Minn. — Granted license to cover
construction permit (B4-P-1828) which authorized move of
transmitter, installation of new equipment and directional
antenna, and increase in power to 50 KW ; 1460 let'. (B4-L-
1206) ; also granted authority to determine operating power
by direct measurement of antenna power (B4-Z-455).

KTAR--KT.4R Broadcasting Co., Phoenix, Ariz. — Granted license
to cover construction permit {B5-P-2632) which authorized
installation of new transmitter, increase in power to 5 KW.
installation of directional antenna for day and night use,
and move of transmitter; 620 kc. (B5-L-1311) ; also granted
authority to determine operating power by direct measure¬
ment of antenna input (B5-Z-fi36).

WMRN — The Marion Broadcasting Co., Marion, Ohio. — Granted
license to cover construction permit (B2-P-2862) which
authorized a new' station to operate on 1500 kc., 250 watts,
unlimited time (B2-L-1,H4); also granted authority to fle-
termine operating power by direct measurement of antenna
input (B2-Z-639).

WKNE — Twin State Broadcasting Corp., Keene, N. H.- -Granted
license to cover construction permit (Bl-P-2415) for move
of transmitter and studio, installation of new transm.itter,
increase in [lower from 1 to 5 KW, and inst.allatinn of direc¬
tional antenna for day anrl night use; 1260 kc. (Bl-L-
1309) ; also granted authority to determine onerating power
by direct measurement of antenna input (Bl-Z-635).

WDAY — WD.4Y, Inc., Fargo, N. Dak. — Granted license to cover
construction permit (B4-P-2530) for increase in night power
to 5 KW, and installation of directional antenna for night
use; !)40 kc. (B4-L-1310); also granted authority to deter-

mine operating power by direct measurement of antenna
input (B4-Z-63S).

WNBH — E. Anthony & Sons, Inc., New Bedford, Mass. — Granted
authority to determine operating power by direct measure¬
ment of antenna input (Bl-Z-630).

W.WVT — Alabama Polytechnic Institute, University of .\labama.
Etc., Portable-Mobile (area of Birmingham. .\la.). —
Granted license to cover construction permit (B3-PRY-21I)
which authorized a new relay broadcast station to be used
with applicant’s standard broadcast station WAPI; frequen¬
cies 1632, 3058, 3150, 3790 kc., 2S watts (B3-LRY-214).

VVGNB — WGN, Inc., Chicago, Ill. — Granted license to cover con¬
struction permit (B4-PRE-347) for new relay broadcast
station; frequencies 156750, 158400, 159800, 161100 kc.,
SO watts, special emission for frequency modulation with a
maximum band width not to exceed 200 kilocycles. Station
to be used with applicant’s standard broadcast station WGN
(B4-LRE-339).

WDEL — WDEL, Inc., Wilmington, Del. — Request to withdraw
petition for rehearing directed against the action of the
Commission November 26, 1940, granting without hearing
the application of WCOP, Boston, Mass., for construction
permit to operate unlimited time on 1130 kc., with 500
watts power, was considered as a motion to dismiss, and
granted, and the petition filed by WDEL for rehearing was
dismissed.

The May Department Stores Co., Los Angeles, Cal. — Granted
extension of time in which to supply the experimental
program for television broadcast station W6XMC (CP
only), for a period of 60 days from January 14, 1941.

W’C.\U Broadcasting Co., Philadelphia. Pa. — Granted modification
of construction permit for high frequency broadcast station
so as to specify the channel 469011 kc. instearl of 46700 kc.,
and the call letters W67PH heretofore assigned were changed
to W69PH.

Columbia Broadcasting System. Inc., New York City. — Granted
modification of construction permit for high frequency
(EM) broadcast station so as to specify the channel 46700
kc. instead of 48700 kc., heretofore assigned. Call letters
for this station have not yet been assigned.

APPLICATIONS FILED AT FCC

550 Kilocycles

WSVA — Shenandoah Yalley Broadcasting Corp.. Harrisonburg.
Ya. — Modification of construction permit (B2-P-2578) as
modified for new equipment, increase in power, and antenna,
requesting a new transmitter and extension of completion
date from January 28, 1941 to 180 davs after grant.

KOY — Salt River Valley Broadcasting Co.. Phoenix, .^riz. — Con¬
struction permit to install a new transmitter.

600 Kilocycles

KFSD — .\irfan Radio Corporation, Ltd., San Diego, Calif. — Modi¬
fication of construction permit (BS-P-22S9) for new trans¬
mitter and antenna, increase in power and move of trans¬
mitter, requesting approval of vertical antenna and site
at approximately S.2S miles North of 4th Street and Broad¬
way, San Diego, California, and install a new transmitter.

620 Kilocycles

WLBZ — Maine Broadcasting Co., Inc., Bangor. Maine. — Con¬
struction permit to increase power from 500 watts, 1 KW
local sunset, to S KW day and night; install new equipment
and directional antenna for day and night use. .Amended to
make changes in directional antenna for day and night use.

690 Kilocycles

NEW — Fred Jones. Mary Eddy Jones, and W. E. Hightower, d 1)
as Fred Jones Broadcasting Co.. Tulsa, Okla, — Construction
permit for new station on 690 ko.. Class IL 50 KW. un¬
limited. Amended re directional antenna.

900 Kilocycles

WFMD — Monocacy Broadcasting Co.. Frederick. Md. — License
to cover construction permit (Bl-P-2243) for change in
hours of operation and directional antenna for night use.

WFMD — Monocacy Broadcasting Co., Frederick, Md. — Authority
to determine operating power by direct measurement of
antenna power.

WBEN — WBEN, Incorporated. Buffalo, N. Y. — Construction per¬
mit to move auxiliary transmitter from RFD No. 2,
Shawnee Road, near Martinsville. New York, to corner
Bush Road and Beaver Island Parkway, Grand Island,
New York.

920 Kilocycles

W.4.AF — Drovers Journal Publishing Co., Chicago, Ill. — Construc¬
tion permit to increase power from 1 KW to 1 KW, 5 KW
— Local Sunset, change hours of operation from daytime
to unlimited time, install a new transmitter, install direc¬
tional antenna for day and night use and move of transmitter.

1000 Kilocycles

NEW — Cuyahoga X'alley Broadcasting Company, Cleveland, Ohio.
— Construction permit for a new station on 1900 kf., 1 KW.
daytime. Amended to change frequency from 1000 kc. to
1370 k(“., Class HI-B, transmitter site at Stillson and Camp¬
bell, Cleveland, Ohio, changes in equipment and antenna.

1020 Kilocycles

KYW — Westinghouse Electric and Manufacturing Co., Philadel¬
phia, Pa. — License to cover construction permit (B2-P-
2904) as modified for changes in equipment and increase
in power.

KYW — Westinghouse Electric and Manufacturing Co., Philadel¬
phia, Pa. — Authority to determine operating power by direct
measurement.

1050 Kilocycles

KFBI — The Farmers and Bankers Broadcasting Corp., Wichita,
Kans. — Modification of construction permit (B4-MP-896)
for change of power and hours of operation from 5 KW,
limited time, to 1 KW, 5 KW. Local Sunset, unlimited
time, and installation of directional antenna for night use,
requesting changes in directional antenna for night use.

1060 Kilocycles

KTHS — KTHS Broadcasting Co,, Inc., Hot Springs National Park,
.Arkansas. — Construction permit to install new transmitter,
and directional antenna for night use; change frequency
from 1040 kc. to 1060 kc. ; increase power from 10 to 50
KW and hours of operation from shares KRLD to unlimited
time. Amended to change name from Hot Springs Chamber
of Commerce to KTHS Broadcasting Co., Inc.; change type
of requested transmitter; and change power of am[)lifier
from 100 watts, 250 watts local sunset, to 100 watts.

1120 Kilocycles

WDEL — WDEL, Inc., Wilmington, Del. — Modification of con¬
struction permit (Bl-P-2758) for increase in power from
250 watts, 1 KW local sunset, to 5 KW day and night;
install directional antenna for day and night use, and new
transmitter, requesting approval of directional antenna for
day and night use.

1140 Kilocycles

W.API — Alabama Polytechnic Institute, University of .Alabama and
.Alabama College (Board of Control of Radio Broadcasting
Station W.API), Birmingham, Ala. — Voluntary assignment
of license from .Alabama Polytechnic Institute, Lmiversity
of .Alabama and .Alabama College (Board of Control of
Radio Broadcasting Station W.API), to A’oice of .Alabama.
Inc.

1200 Kilocycles

WJOB — F. L. .Adair and O. E. Richardson, Hammond, Ind. —
Modification of license to change hours of operation from
unlimited day, share WFAM night, to unlimited time.

KGEK — Elmer G. Beehler. Sterling, Colo. — .Authority to deter¬
mine operating power by direct measurement of antenna
power on 1280 kc., under N.ARB.A.

January 31, 1941 — 109

1210 Kilocycles

KVVIL — Central Willamette Broadcasting Co., Alban\', Ore. —
License to cover construction permit (B5-P-2949) lor a new
station.

KWIL — Central Willamette Broadcasting Company, Albany, Ore. —
Authority to determine operating power by direct measure¬
ment of antenna power.

KALB — Ale.xandria Broadcasting Co., Inc., Ale.xandria, La. — Au¬
thority to install automatic frequency control equipment.

1280 Kilocycles

WIB.A. — Badger Broadcasting Co., Inc., Madison, Wis. — Modifica¬
tion of construction permit (B4-P-2689) for changes in
directional antenna, increase in power, further requesting
approval of new transmitter, changes in antenna system,
approval of transmitter site at 9 E. Twp. 6 N.NE^ of
NE;4 of Sec. 16, Fitchburg, Wis., and studio site at 110 East
Main St., Madison. Wis.

1290 Kilocycles

WEBC — Head of the Lakes Broadcasting Company, Duluth, Minn.
— Authority to determine operating power by direct measure¬
ment of antenna power.

1310 Kilocycles

WEXL — Royal Oak Broadcasting Co., Royal Oak, Mich. — Modifi¬
cation of construction permit {B2-P-2459) for move of
transmitter, increase in power, new transmitter and antenna,
requesting approval of vertical antenna and approval of
transmitter site at Ferndale, Mich. Amended to give trans¬
mitter site as Ferndale, Mich.

K.4RM — Gilbert H, Jertberg, E.xecutor of the Estate of George
Harm, deceased, Fresno, Calif. — Voluntary assignment of
license from Gilbert H. Jertberg, Executor of the Estate of
George Harm, deceased, to KARM, The George Harm
Station.

1420 Kilocycles

NEW — Chattahoochee Broadcasting Co., Columbus, Ga. — Con¬
struction permit for a new station on 1.42(1 kc. (Class IV
station), 250 watts, unlimited time. .Amended to change
applicant from Arthur Lucas and Wm. K. Jenkins, fl b as
Chattahoochee Broadcasting Co. (a partnership), to Chatta¬
hoochee Broadcasting Company (a corporation).

XEW — Tri-State Broadcasting Corp., Wheeling, W. \'a. — Con¬
struction permit for new station, 1420 kc. (Class I\'), 100
watts, unlimited.

KFMB — Worcester Broadcasting Corp., San Diego, Calif. — Modifi¬
cation of construction permit (BS-P-24S8) for a new station,
requesting approval of vertical antenna, approval of trans¬
mitter site at 1124 S. 34th St., San Diego, (Talif., and studio
site at 1375 Pacific Blvd., Pacific Square, San Diego, Calif.,
and install a new transmitter.

1430 Kilocycles

WOKO — WOKO, Inc., .Albany, N. Y. — Authority to make changes
in automatic frequency control apparatus.

FM APPLICATIONS

XEW — Bamberger Broadcasting Service, Inc., Newark, N. J. —
Modification of construction permit (Bl-PH-46) for a
new high frequency broadcast station, for approval of
transmitter, changes in antenna and change population
from 11,800,000 to 11,900,000. Amended to change location
of studio from Newark, N. J., to New York, N. Y.

XEW — Wodaam Corporation, New York, N. Y. — Construefion
permit for new high frequenev broadcast station. Frequenev,
453(»0 kc.: coverage, 8,500 square miles. Amended re to
change frequency from d.AlIOO to 4()7(I0 kc., population from
11,417,000 to 11,431,600; change type of transmitter, and
location of transmitter from Carlstadt, N. J., to New York,
N. Y., and changes in antenna.

NEW — New Jersey Broadcasting Corp., New York, N. Y. — Con¬
struction permit for a new high frequency broadcast station.
Frequency, 4790(1 kc. ; coverage, 8,900 square miles; popula¬
tion, 10,400,000. .Amended re change coverage from 8,900

to 8,500 square miles, population from 10,400,000 to 11,500,-
000, and make antenna changes.

NEW — Metropolitan Television, Inc., New York, N. Y. — Modi¬
fication of construction permit (Bl-PH-52) for a new high
frequency broadcast station, requesting approval of trans¬
mitter, changes in antenna, and change population from
11,010,372 to 11,814,746.

WJIM — WJIM, Inc., Lansing, Mich. — Construction permit for new
high frequency broadcast station. Frequency, 451(1(1 kc. ;
coverage, 5,341 square miles; population, 421,000.

TELEVISION APPLICATIONS

XEW — The Journal Company (The Milwaukee Journal), Mil¬
waukee, Wise. — Modification of construction permit (B4-
PVB-20, which authorized a new television station) re¬
questing approval of transmitter site and antenna; 720
East Capital Drive, Milwaukee, Wisconsin. Amended: re:
antenna changes.

NEW — The Journal Company (The Milwaukee Journal), Mil¬
waukee, Wis. — Construction permit for new television
(relay) broadcast station. F’requencies, 8(K(0(l()-3(t()()09 and
806((()0-3]2()(t(( kc.; power, 25 watts visual; emission, A-5 ;
location, portable-mobile (area of Milwaukee County, Wis.).
(To be used with television station W9XMJ.)

MISCELLANEOUS APPLICATIONS

WEGQ — Broadcasting Service Organization, Inc., Boston, Mass. —
Construction permit fur reinstatement of station equipment
changes, and increase power from 5 watts to 15 watts.

NEW — Eugene J. Roth, tr/as Mission Broadcasting Company, San
Antonio, Tex. — Construction permit for new rcla>’ broadcast
station. Frequencies, 1()22, 2058, 2150, 2790 lie.; power,
25 watts; emission, A-3 ; hours of operation, unlimited;
location, portable-mobile, area of San .Antonio, Tex.

WAWT — .Alabama Polytechnic Institute, University of .Alabama,
and Alabama College (Board of Control of Radio Broad¬
casting Station W.API), Birmingham, Ala. — Voluntary as¬
signment of construction permit B3-PRY-211 to Voice of
.Alabama, Inc.

KTHS — Hot Springs Chamber of Commerce, Hot Springs National
Park, Ark. — Voluntary assignment of license from Hot
Springs Chamber of Commerce to KTHS Broadcasting
Co., Inc.

KDAS — Gilbert H. Jertberg, Executor of the Estate of George
Harm, deceased. Fresno, Calif. — Voluntary assignment of
license from Gilbert H. Jertberg, Executor of the Estate
of George Harm, deceased, to KARM, The George Harm
Station.

KD.AC — Gilbert H. Jertberg, Executor of the Estate of George
Harm (deceased), Fresno, Calif. — Voluntary assignment of
license from Gilbert H. Jertberg, Executor of the Estate
of George Harm, deceased, to KARM, The George Harm
Station.

NEW — Piedmont Publishing Company, Winston-Salem, N. C. —
Construction permit for new relay broadcast station. F're-
quencies, 1(>22, 2058, 2150, 2790 kc. ; power, 100 watts;
emission, A3.

NEW — The Evening News .Association, Detroit, Mich. — Modifica¬
tion of construction permit (R2-PH-21) for approval of
transmitter, antenna changes, and change population from
5,641,981 to 2,498,000. Amended re change type of trans¬
mitter.

FEDERAL TRADE
COMMISSION ACTION

COMPLAINTS

Federal Trade Commission has alleged unfair com¬
petition against the following firms. The respondents
will be given an opportunity to show cause why cease
and desist orders should not be issued against them.

110 — January 31, 1941

Dr. Jane Blanchard — Charging misrepresentation in the sale
of a medicinal preparation, a complaint has been issued against
Jane Blanchard Geary, trading as Dr. Jane Blanchard, 2817 East
St. (N. S,), Pittsburgh.

According to the complaint, the respondent advertises her prod¬
uct designated “Dr. Blanchard's Female Compound and Regula¬
tor,” as a competent and reliable regulator of conditions peculiar
to women, and as being safe and harmless.

The complaint charges, however, that the preparation’s ther¬
apeutic properties are limited to those of an alcoholic stimulant
and irritant la.xative; that it is not safe and harmless in that
contains the drug aloes in quantities sufficient to be harmful, and
that the respondent’s advertisements are false because they fail
to reveal that use of the preparation under conditions prescribed
in the advertisements or under customary conditions may cause
colitis and produce pelvic congestion.

Use of the title “Dr.” by the respondent is misleading as she
is not a medical doctor, the complaint alleges. (4449)

STIPULATIONS

The following stipulations have been entered into by
the Commi.ssion during the past week:

Foot Pep Sales — A. Greenberg, Sol Bassan, and H. Greenberg,
trading as Foot-Pep Laboratories, and Foot-Pep Sales. 930 West
Roosevelt Road, Chicago, in a stipulation entered into with the
Federal Trade Commission, agree to cease advertising that their
preparation “Foot-Pep” is a competent remedy or effective treat¬
ment for athlete’s foot; that it has any therapeutic value in treat¬
ing this ailment in excess of affording temporary symptomatic
relief and that it stops acidity, penetrates skin pores, stimulates
foot circulation, peps up normal feet, and soothes corns, bunions
cr callouses. The respondents also agree to cease representing, b>'
use of the word “Laboratories” in their trade name, that they
maintain or control a laboratory. (02713)

Alvin L. Keeny, Route No. 1, New Freedom, Pa., a dealer in
mink breeding stock, in a stipulation has agreed to cease represent¬
ing that he personally has substantia! resources to assure the sale,
at a profit, of mink raised from breeding stock sold by him; that
he has obtained or is able to obtain any specific amount for a
mink pelt in excess of the amount actually obtained, or that mink
pelts are worth any specified amount in excess of such amount
obtained. The respondent also agrees to cease overstating the
possible profits attainable by persons selling mink raised from
stock sold by him. (02712)

Meyer Brothers Drug Company, 217 South Fourth St.. St.
Louis, has entered into a stipulation with the Federal Trade
Commission in which it agrees to cease advertising that its prod¬
uct “Ratskill” is the most effective exterminator to use against
rats, and that the Department of .Agriculture has said that red
squill is the most successful of all rat poisons. The respondent,
according to its stipulation, advertised its product as “a red
squill rat externimator.”

01(1 Indian Medicine Company — Charles K. Wilson, trading
as Old Indian Medicine Company, and as Wa-Hoo Medicine
Company, 845 Western .Ave.. Toledo, Ohio, has entered into a
stipulation with the Federal Trade Commission in which he agrees
to cease and desist from certain representations in the sale of
medicinal preparations.

The respondent stipulates that he will cease representing that
“Wa-Hoo Bitters” is a tonic or effective treatment or competent
remedy for ailments of the blood, nerves, stomach, liver or kid¬
neys. and is efficacious as a treatment or remedy for rheumatism,
impure blood, gastritis, sour or bloated stomach, liver or kidney
complaint, indigestion, dyspepsia, catarrhal troubles, nervousness,
salt rheum, scrofula, skin diseases or any other affliction or condi¬
tion aside from constipation.

The respondent further agrees to cease representing by state¬
ments such as “Old Indian Remedy” or “Old Indian Root and
Herb Tonic” or otherwise, that the formula for the preparation
was originated or used by .American Indians prior to the time
of their introduction to or acquaintances with generally recognized
medical science.

The respondent also agrees to desist from representing fictitious
prices as customary prices. (3027)

Rogers Peet Company, operating a number of men’s furnishing
stores in New A^ork City, has entered into a stipulation in which
it agrees to cease certain representations in the sale of robes.

The respondent agrees to cease and desist from failing to dis¬
close that such products are composed of rayon, either in whole
or in part, as the case may be, such disclosure to be made clearly
in invoices and all advertising matter.

The respondent corporation also stioulates that it will cease
using the terms “Pure Silk” or “Silk Faille” or the word “Silk”
or similar words, alone or in conjunction with other words, as
descriptive of products which are not silk exclusivelv or which
contain any metallic weighting.

If, according to the stipulation, a product consists of weighted
silk, either in whole or in part, then the words "Silk.” “Pure
Silk” or “Silk-Faille,” if used to refer to its silk content, shall
be immediately accompanied by full and conspicuous disclosure
of the presence of metallic weighting, together with its proportion
or percenta.ge, in all tags and advertising matter.

The stipulation gives the following as illustrative examples of
the disclosure provided for: “Silk, Weighted, 20%,” “Silk with
20% Metallic Weighting,” “Silk Weighted up to 20%, ” and “Silk
Weighted not over 20%.” (3026)

Siimlar Company— A, Marks, trading as The Sumlar Company,
1 Sickles St„ New York, has entered into a stipulation in which
he agrees to cease certain representations in the sale of “Kloronol,”
a nose drop medicinal preparation.

The respondent agrees to cease disseminating advertisements (1)
which represent that continuous use of Kloronol is safe, or that
it may be continuously used without harm in certain pathological
conditions such as sinusitis; (2) which advertisements fail to reveal
that its continued or frequent use may cause nervousness, restless¬
ness or sleeplessness, and (3) which fail to reveal that persons ill
of high blood pressure, heart disease, diabetes or thyroid trouble,
should not use the preparation except on competent advice.

The stipulation provides, however, that such advertisement need
contain only a statement that the preparation should be used only
as directed on the label, if and when such label either contains
an appropriate warning or specifically directs attention to such
a warning statement in the accompanying labeling.

The respondent also agrees to cease representing that the product
is “new” or “rare.” (02711)

CEASE AND DESIST ORDERS

Commission has issued the following cease and desist
orders:

Ape.v Lamp Works — B. Solomon, trading as .Apex Lamp
Works, 146 West 25th St., New York, to cease and desist from
making misleading representations in the sale of a lamp shade or
reflector known as “Ampliflector.”

Commission findings are that the respondent advertised her
product as being a new and amazing light discovery which cuts
light bills from 25 to SO per cent, and as an advancement in the
science of light reflectors providing extreme concentration of light
rays. The respondent also made other representations of the
product’s merit and efficiency.

The respondent, according to findings, discontinued such adver¬
tising in 1938 and continued selling the reflectors until a year
later.

January 31, 1941 — 111

The Commission finds that the respondent's reflector does not
reduce lightins; costs; that, like many other reflectors, it is instru¬
mental in directing and increasing light on a given working plane,
and is merely an adaptation of a well-known principle of light
diffusion.

The Commission order directs the respondent to cease and desist
from various representations made concerning the product. (3629)

Cliesliiil iMaiuifactiiriiig Company — Selling a chain door lock
equipped with a so-called safety bell and advertised as a burglar
alarm, Edward Shill and Sanford C. Chesick, trading as The
Cheshill Manufacturing Company, SOI Seventh Ave., New York,
have been ordered to cease and cEsist from misrepresentation in
the sale of this product, known as “Safety Bell Chain Lock.”

The order directs the respondent to cease using the word
“manufacturing” or any similar word as part of their trade name
unless they actually own, operate and control a factory in which
their product is made, and to cease representing that they are
manufacturers of the “Safety Bell Chain Lock” device, and that
it is patented or that an application for a patent is pending, when
such is not a fact. (4123)

Croup Sales Corporation, 2lS West 39th St., New York, a
jobber or wholesaler of silk and rayon piece goods, has been
ordered to cease and desist from misrepresentation of its products.

Through its use in circular advertisements distributed to retail
customers of the well-known names of manufacturers such as
II. R. Mallinson, Cheney Bros., Belding, Schwarsenbach, and
others, and of accompanying representations, the respondent, ac¬
cording to Commission findings, advertises that the piece goods
which it sells are composed entirely of so-called “name goods,”
when in fact a substantial portion of the products so advertised
consist of materials having no recognized quality and made by
manufacturers who do not have a wide or favorable reputation.
Most of the respondent’s merchandise, the findings continue, has
been obtained, not directly from manufacturers, but from com¬
mission merchants, dress manufacturers, garment makers and
jobbers.

The Commission order directs that the respondent cease repre¬
senting, or aiding retailers to represent, through the device of
so-called “name sales” of groups of piece goods, that groups of
its silk and rayon piece goods constitute “name goods,” unless
all or a majority of the goods included in such t^roups have been
actually produced and widely advertised by a nationally known
manufacturer.

The order further directs that in the event such groups of goods
include pieces not produced and widely advertised by a nationally
known manufacturer, disclosure of that fact is to be made.

The respondent is further ordered to cease representing as new,
wanted, up-to-date, stylish or seasonable, any fabric which is not
such in fact; representing that the quality, character or origin of
a fabric is other than what is actually the fact, and that any
product has been obtained by the respondent directly from the
manufacturer, when such is not a fact. (2922)

II(*nie Diathermy Comitany, liir. — A cease and desist order
which it issued last November against Home Diathermy Company,
Inc., 1780 Broadway, New York, has been modified directing
cessation of misleading representations in the sale of a “Home
Diathermy” device.

The modified order directs the respondent to cease and desist
from misrepresentation of the therapeutic value and merit of its
product, as did the original order, but the modified order changes
that part of the original order which prohibited the dissemination
of advertisements which failed to reveal that unsupervised use
of the device by unskilled persons may result in serious and irre¬
parable injury.

Under the modified order, now in effect, the respondent is
directed to cease disseminating advertisements which fail “to con¬
spicuously reveal that the device may be safely used only after
a competent medical authority has determined, as a result of
diagnosis, that diathermy is indicated and has prescribed the fre-
c|uenc>' and amount of application of such diathermy treatments
and the user has been adequately instructed in the method of
operating such device by a trained technician.”

Otherwise the modified order is the same as the original order.
(36S3)

McAfee Candy Company — Orders have been issued against a
Georgia candy manufacturer and a New York distributor of
smoking pipes, directing them to cease and desist from the use
of lottery methods in the sale of their products.

The respondents are: Joe B. Hill and C. O. McAfee, trading
as McAfee Candy Co., and as Liberty Candy Co., 651 Poplar
St., Macon, Ga., and S. M. Frank & Co., Inc., and its subsidiary,
Wm. Demuth & Co., Inc., both of 133 Fifth Ave., New York.

The order against the Macon, Ga., firm directs that it cease
and desist from supplying to or placing in the hands of others candy
or any other merchandise so packed and assembled that its sale
to the public may be made by means of a lottery; from supply¬
ing others with candy or other merchandise, together with push
or pull cards, punch boards or other lottery devices, which de¬
vices may be used in selling or distributing such candy or other
merchandise to the public; from supplying to or placing in the
hands of others, punch boards, push or pull cards, or other lottery
devices, either with assortments of candy or other merchandise
or separately, which devices may be used in selling or distributing
such candy or other merchandise to the public; and from selling
or otherwise disposing of any merchandise by means of a game
of chance, a gift enterprise, or lottery scheme. (4114)

The two New York pipe companies are directed to cease and
desist from selling or distributing pipes or any other merchandise
so packed and assembled that their sale to the public may be made
by means of a lottery; from supplying others with push or pull
cards, pull tabs, punch boards or other lottery devices, either
with assortments of merchandise or separately, which devices may
be used in selling or distributing such pipes or other merchandise
to the public; and from selling or otherwise disposing of any
merchandise by means of a game of chance, gift enterprise, or
lottery scheme. (4393)

New York Preiuium Novelty Coiiipany — Alexander V/eiler
and Lilly Greenspan Weiler, trading as New York Premium
Novelty Co., 168 Avenue A, New York, has been ordered to cease
and desist from using lottery methods in the sale of jewelry,
cosmetics, cigarette lighters, clocks and other merchandise.

Commission findings are that the respondents distributed be¬
tween 800,000 and 1,00,000 advertising circulars, each containing
a pull card device and picturizations of their merchandise. By
means of their sales plan, the findings continue, the respondents
have done an annual business of between ,$25,000 and $30,000,
of which 60 per cent has been outside New York State.

The Commission order directs the respondents to cease supply¬
ing to or placing in the hands of others, or transporting to agents,
distributors, or the public, punch boards, push or pull cards, or
other devices, which may be used in selling or distributing their
merchandise to the public by means of a game of chance, gift
enterprise, or lottery scheme. (3579)

National Proprietaries, liie., 767 North Milwaukee .Ave.,
Chicago, has been ordered to cease and desist from misrepresenta¬
tion in the sale of “Nuga-Tone,” advertised as having substantial
value in treating nervous disorders.

The preparation, according to Commission findings, does not
possess any value in the treatment of nervous disorders and is not
safe, as it contains several drugs in quantities sufficient to produce
serious and irreparable injury if used under conditions prescribed
in the advertisements or under usual conditions.

The Commission order directs the respondent to cease and desist
from disseminating advertisements which represent that Nuga-
Tone possesses any therapeutic value in the treatment of nervous
disorders or which fail to reveal that use of the preparation may
result in chronic poisoning, irritation of the kidneys, nervous
irritability, neuritis, or other conditions. (4271 )

Spurs Company — Frank Spors, trading as Spors Company and
as Quality Products Company, Le Center, Minn., has been ordered
to cease and desist from disseminating advertisements represent¬
ing that his preparation designated as “Corn-Go” and “Liquid
Corn-Go” will remove bunions or has any value in their treat¬
ment; will |)revent recurrence of corns or callouses, or that the
preparation’s action in removing calluses or corns accomplishes
anything other than a temporary removal. (4397)

112 — January 31, 1941

FTC DISMISSES CASES

The Federal Trade Commission has dismissed a complaint charg¬
ing 10 card clothing manufacturers and the Card Clothing Manu¬
facturers’ Association, New York, with unfair competition in vio¬
lation of the Federal Trade Commission Act in the sale of their
product.

The manufacturer respondents include; Ashworth Brothers, Inc.,
Fall River, Mass., also trading as American Card Clothing Co.,
Philadelphia; Benjamin Booth Co., Philadelphia; Charlotte Manu¬
facturing Co., Charlotte, N. C.; Davis & Furber Machine Co.,
North Andover, Mass.; Howard Brothers Manufacturing Co.,
Worcester, Mass.; J. Sherlock, trading as Methuen Napper Cloth¬
ing Co., Methuen, Mass.; Merrimac Card Clothing Co., Andover,
Mass.; Standard Card Clothing Co., Stafford Springs, Conn.;

Wickwire-Spencer Steel Co., New York, all members of the re¬
spondent association, and Frederick C. Redman, Lowell, Mass.,
trading as Redman Card Clothing Co.

The respondent manufacturers’ product, card clothing, is a tough,
close-woven fabric studded with steel teeth, used principally by
textile manufacturers in combing out wool and cotton prepara¬
tory to spinning.

The Commission has closed its case against Aero Industries
Technical Institute, Inc., Los Angeles, which conducts a voca¬
tional school in modern aircraft construction and allied fields.
The respondent had been charged with violation of the Federal
Trade Commission Act in the sale of home study or correspondence
courses. The Commission closed the case without prejudice to its
right to resume proceedings, should future facts so warrant.

January 31, 1941 — 113

ft j.‘. •

/■s

1626 K STREET, N. W.

WASHINGTON, D. C.

Vol. 9, No. 6, February 7, 1941

REALLOCATION

Order Your Crystals!
Order Engineering Service!
File for Construction Permits!

The FCC reallocation order of January 31 leaves the
industry with less than 60 days in which to prepare for
the shifts. To accomplish the reallocation as scheduled
on March 29, requires the utmost of cooperation between
the FCC, the broadcast stations and the equipment
manufacturers. The FCC reallocation release number
47182 issued January 31, outlines the course of procedure
to follow.

There are two possible bottlenecks apparent at pres¬
ent in carrying out the reallocation. Grinding the hun¬
dreds of new crystals will be a diflTcult task for the
manufacturers to accomplish before March 29. It is there¬
fore of the utmost importance that stations make imme¬
diate arrangements for securing new crystals. Some
stations may be able to obtain crystals from present
tenants of their new frequency. Correspondence in con¬
nection with this should be carried out with all speed so
that if crystals cannot be obtained this way, the manufac¬
turer of crystals will be given the maximum possible
notice. Stations should be sure to notify the manufacturer
whether a directional antenna is to be used or not.

Deliveries on equipment other than crystals are slow
and therefore, stations are urged to ascertain their needs
and place orders immediately.

Each consulting engineering firm will be called on to
change over several directional antennas. It will not be
possible for each firm to be at the transmitter of each
client on the night of the change. The FCC in its release
provides for changing most of the directionals on a skeleton
proof of performance basis. Fender this plan the consul¬
tants can start immediately resetting directionals during
test periods and then record the new settings. On the
shift night the station engineer can .set all the coils and
condensers to the previously marked positions. This

(Continued on page 116)

Justice Department Files Criminal
Action Against ASCAP

The Department of Justice on Wednesdajq February
4, filed in the United States District Court for the Eastern
District of Wisconsin at Milwaukee a criminal informa¬
tion against the American Society of Composers, Authors
and Publishers. The information charged that the Society
was an unlawdul combination in restraint of trade in vio¬
lation of the Sherman antitrust law. Specifically, it alleged
that the following practices of the Society and its members
constituted illegal conduct;

(1) The members of the Society assign exclusively to the Society
all public performance rights to the copyrighted music composed
or published by the respective members thus eliminating all com¬
petition among the members in the exploitation of the public per¬
formance rights to their music.

(2) The Society is governed by a self-perpetuating board of
directors which supervises all of the business of the Society and
determines the method of distributing the revenues of the Society
among the members and the amount to be received by each member.

(3) Membership in the Society is conditioned, among other
requirements, upon the regular publication by the candidate for
membership of not less than five musical compositions.

(4) Performance licenses for the Society’s music are available
only on an all-or-none basis. Licenses authorizing the performance
of single compositions or groups of compositions are not available.

(5) The fees collected for these licenses are fixed arbitrarily by
the Society to all commercial users of music. In the case of radio
broadcasters, this fee is based upon a percentage of the gross rev¬
enue of the music user, whether or not such revenue is derived
from programs in which music controlled by the Society is used,

(6) The Society has discriminated as to both price and terms
among various commercial users of music so that some users have
received more favorable treatment at the hands of the Society than
others who are similarly situated.

(7) The members of the Society have exercised their privilege
of restricting from public performance popular and current musical
compositions so as to deprive the listening public of the oppor¬
tunity of hearing the restricted music and have used this privilege
for the purpose of enhancing recording fees received by the mem¬
bers for the recording rights to their respective catalogues of music.

(8) Prior to December 31, 1940, the Society did not offer blanket
licenses to radio networks, but required that each station in the
network obtain a separate license. Radio stations affiliated with a
network have no control over the copyrighted musical compositions

(Continued on page 116)

February 7, 1941 — 115

Neville Miller, President C. E. Arney, Jr., Assistant to President

Edward M. Kirby, Director of Public Relations ; Joseph L. Miller,
Director of Labor Relations; Paul F. Peter, Director of Research;
Russell P. Place, Counsel; Lynne C. Smeby, Director of Engineering

JUSTICE DEPARTMENT FILES CRIMINAL
ACTION AGAINST ASCAP

(Continued from page 115)

which they receive from the orisinating station in the network.
Nevertheless these radio stations have had to accept a license from
the Society upon any terms and conditions imposed by the Society
or subject themselves to numerous infringement suits.

Commenting; on the Department’s action, Thurman
.\rnold, Assistant Attorney General in charge of the Anti¬
trust Division, stated:

“In plain language, .\SCAP is charged with exploiting composers
by preventing them from selling their music except on terms dic¬
tated by a self-perpetuating lioard of directors. That board has
the power arbitrarily to determine on what basis various members
of .ASC.AP shall share in the royalties from ASCAP compositions.

In addition to discriminating against composers, ASCAP has
begun using its monopoly power to charge the users of music for
songs they do not play. This is done by compelling the user to
pay a percentage of his gross receipts on programs where other
music is used or where no music is used. By this method, anyone
who does not belong to ASC.4P is excluded from the market.
These practices we consider not only illegal but unjustifiable on
any ground of fair dealing. Our proceeding is aimed only to
compel .ASC.\P to stop such practices. Therefore, the Department
will continue to hold the door open to proposals from .4SCAP
which will eliminate these abuses. It does not desire to prevent
ASCAP from protecting the copyright privileges of its members.”

Others Named in Complaint

J'hese officers turd directors of .4SC.^P were named
as defendants:

Gene Buck, president; Louis Bernstein and Otto A. Ilarbach, vice
presidents; George W. Meyer, secretary; Gustave Schirmer, treas¬
urer; J. J. Bregman, assistant secretary; Irving Caesar, assistant
treasurer, and Mav Dreyfus, Fred E. .^hlert, Saul Bornstein, George
Fischer, Walter h'ischcr, Raymond Hubbell, Oley Speaks, Deems
Taylor, Will von Tilzer, John Mercer and Oscar Hammerstein 2d;
E. C. Mills, chairman of the administrative committee, and John
G. Paine, general manager.

J'hese corporations, which have officers, agents or
representatives on the board of directors of ASCAP, also
were named defendants:

Shaiiiro, Bernstein & Go., Inc.; Irving Berlin. Inc.; Bregman
\'occo & Conn. Inc.; Chappell & Co., Inc.; I. B. Harms Company;
J. F’ischer & Bros.; Carl Fischer, Inc.; Mill Music, Inc.; Words
and Music, Inc.; Robbins Music Corporation; Leo Feist, Inc.;

Miller Music, Inc.; G. Schirmer, Inc.; Boston Music Company;
Willis Music Company; Harms, Inc.; M. Witmark & Sons; Remick
Music Corporation; Harry von Tilzer Music Publishing Company.

.'\11 members of ASCAP, in addition to the defendants
listed, are named as co-conspirators, the information
states, also including these by name: Jerome Kern, Edgar
Leslie, Jack Mills, Herman Starr, John O’Connor and
J. J. Robbins.

The information was filed after a comprehensive in¬
vestigation of the activities of the Society and its members
which has been conducted by the Department for several
months. Negotiations for a settlement between repre¬
sentatives of the Society and the Department respectively,
ended abruptly late in December.

The case is in charge of Victor O. Waters, Special As¬
sistant to the Attorney General, and Warren Cunningham,
Jr., Special Attorney.

REALLOCATION
(Continued from page 115)

scheme can probably be worked in the majority of cases.
Inasmuch as the time is very short, it is imperative that
stations immediately place orders with their consulting
engineers for realigning the directional antennas.

If a station’s transmitter has duplicate crystals, it will
be permissible to operate with one crystal for the old
frequency and one for the new frequency in the trans¬
mitter during the change-over period.

Stations should immediately place orders with the
manufacturers for changing frequency monitors to the new
frequencies. The FCC has made arrangements with the
monitor manufacturers so that an order can be placed
for the change without sending in the monitor at that
time. The manufacturers will schedule the work and
notify each station when to send their monitor in. In
this way each station can use its monitor on the old fre-
cjuency as long as possible. The FCC has authorized
operation without a monitor for the required time if the
monitor is returned on schedule from the manufacturer.
During the period the station is without a monitor fre¬
quent checks should be made by the station’s monitoring
service. A check at least twice a week is suggested. A
station’s good standing will not be jeopardized if due
precautions have been taken and good faith has been
shown if they accidentally are found off frequency dur¬
ing the period. Stations should ask their monitor manu¬
facturers for a recalibration schedule without delay.

The equipment necessary to change frequency only re¬
quires no further authority from the FCC but any change
of tower location and antenna system changes requires
a CP in the regular order. The requirements to obtain
a CP are not affected by change of recjuircments due to
the reallocation order and must be filed in the usual
manner. Stations have full authority without filing for

116 — February 7, 1941

a CP for changing monitor crystals, changing the trans¬
mitter crystals, retiming the transmitter and retiming the
antenna system provided that if a directional antenna is
in use the pattern on the new frequency is the same as on
the old and further provided that the physical aspects of
the antenna system are not to be changed.

In cases where CP’s are required in connection with
the reallocation, the FCC is geared to handle them
promptly. A note should be appended to the application
stating that it is in connection with and in accordance
with the reallocation order. If an application is in such
form as not to require detailed study, then the FCC, if
so requested, will wire the applicant permission to pro¬
ceed with the construction.

j\Iost engineers have placed the minimum time neces¬
sary for placing the agreement into effect at three months.
Inasmuch as we now have less than two months in which
to do the job, it is absolutely essential that all stations:

1. Place orders for equipment immediately.

2. Place orders for engineering services immediately.

3. File any necessary applications for construction per¬

mits immediately.

FCC release number 47182 issued January 31 should
be read carefully by every broadcaster. It reads as fol¬
lows:

NOTICE TO ALL STANDARD BROADCAST STATION LI¬
CENSEES MANUFACTURERS OF FREQUENCY CONTROL
EQUIPMENT FREQUENCY MONITOR SERVICES AND
CONSULTING RADIO ENGINEERS

The Commission today released the frequency assignments for
all standard broadcast stations to be effective 0800 GMT (3;00
a.m. EST) March 29, 1941. pursuant to the North .American
Regional Broadcasting Agreement (NARBA). On this date every
standard broadcast station must be operated on the frequency
given in the list.

In all, some 795 of the 883 broadcast stations must change
frequency. The Commission requests the cooperation of broad¬
cast licensees and manufacturers of frequency control equipment
to supply the necessary equipment to facilitate the change of fre¬
quency on this date. It is urged that every broadcast licensee
immediately place an order for the necessary new oscillators or
modification of existing oscillators to enable it to operate on the
specified frequency. Licensees should specify in the order for
crystals whether a directional antenna is employed by the station.

Manufacturers are requested to give prior consideration to
orders from station licensees using directive antennas in accordance
with the receipt of orders for new oscillators. Each station should
be supplied with only two crystals, one for the transmitter and
another for the frequency monitor when there are unfilled orders
with the manufacturer.

An exchange of crystals is recommended in so far as feasible.
The NAB has agreed to cooperate with any licensees in coordinat¬
ing this work.

All stations are hereby authorized to test on the new frequency
prior to March 29 during the experimental period (1 a.m. to
6 a.m. local standard time). Licensees are requested to cooperate
to avoid unnecessary interference while testing during this period.
Every licensee should make arrangements to adust the equipment
so as to operate on the new frequency prior to March 29. Most
stations using nondirective antennas should require not over a few
hours to adjust the equipment throughout to the new frequency
after the new crystals are obtained. In some cases where high
power transmitters anfl complicated antenna coupling arrange¬
ments arc used, two or more test periods may be required.

The procedure in general should be to connect the new crystal

in accordance with the design of the transmitter and adjust each
successive stage, beginning with the first buffer, for optimum
operation on the new frequency. Clips or other markings should
be made on each tuning capacitor and inductance so that the old
frequency can be returned to in the minimum of time.

At stations employing non-directive antennas, this process may
be carried on through the antenna systems, and any station in
good operating condition should have no great difficulty in adjust¬
ing the frequency to the new assignments. By this means every
adjustment may be made (“get all set”) well before March 29
and on the morning of March 29 at 3 a.m. EST, the permanent
shift to the new frequency will be made. The frequency should
be checked with a frequency monitoring service when the adjust¬
ments are first completed and if possible on the morning of
March 29.

Each commercial frequency monitoring service is requested to
cooperate by making their service available during the entire test
period for a week or more before and after March 29, 1941.

General monitoring throughout the broadcast band should be
carried on when scheduled checking permits, so as to advise
licensees of any off frequency operation. The Commission wdll
have its monitoring stations in operation to advise of any off
frequency operation but cannot assist in making adjustments
similar to a commercial service.

Stations employing directional antennas in which no substantial
change in the directional pattern is required should proceed as
follows:

1. Change frequency and adjust each pow'er stage as instructed
above.

2. Roughly adjust the antenna coupling and phasing in accord¬
ance with the new calculated values.

3. Exercise care to mark all inductances and capacitors so that
the original position can be returned to in a short time.

4. As soon as the rough adjustments are made in the phasing
and coupling equipments, turn on the power and check the field
pattern in pertinent directions.

It may be necessary to purchase new fixed capacitors w'hich
should be temporarily connected in the circuit during tests and
dropped out w'hen returning to the old frequency.

The Commission will accept proof of the directive antenna opera¬
tion from readings made on the radial through the monitoring
points (direction in which protection is required) and a few read¬
ings in other directions.

All told, the final readings need not be in excess of some 8 or 10
in most cases. In every case, readings on appropriate selected
points should be made before the frequency change and repeated
after the change. Two or three measurements on the radial through
th monitoring points should be made, as w'ell as a few checks in
the non-protective direction to determine the radiation efficiency.

The usual regional or clear channel station employing a two or
three element directive antenna in which the suppression is not
excessive, should be able to complete the entire adjustment during
two or three test periods. If greater time is required in cases of
high directivity or complicated antenna systems, appropriate ar¬
rangements should be made by the licensee. The time to change
the equipment back from the new frequency to the old 30 kilo¬
cycles or less removed should not in any case exceed 30 minutes,
if the matter is engineered in a proper manner.

Those stations having engineers familiar with the technique of
adjustment of the different circuits should experience no difficulty
in making all required adjustments in changing to the new fre¬
quency. Those stations employing directive antennas necessarily
require the services of engineers competent to calculate and adjust
directive antennas and equipped with the necessary field intensity
measuring equipment. It is believed that station engineers will
have no difficulty in shifting the equipment including directional
antennas to the new channels on March 29 once they have been
previously fully adjusted. These data on the radiation field to¬
gether with the frequency check should be supplied to the Com¬
mission upon completion and prior to March 29, 1941.

In case any station is not able, due to any causes, to change to
the new frequency on March 29, the Commission must be notified
and the station will be required to cease operation until such
station can change frequency.

.411 stations which must return their frequency monitors to the
manufacturer to readjust the frequency should do so in the follow¬
ing manner:

1. Notify the manufacturer it is desired to return the monitor
at once.

2. Obtain a shipment schedule from the manufacturer.

February 7, 1941 — 117

3. The Commission authorizes operation without a monitor if
above schedule is followed.

The manufacturers are requested to make a schedule on the
rccalibration of the frequency monitors so that a great number
will not be received when they cannot be handled except at a
certain rate on schedule.

Stations determining power by the direct method may continue
the direct method when accurate resistance measurements have
been made on the new frequency and supplied to the Commission.
Readings taken on the old frequency which also cover the new
frequency will suffice. Stations operating by the indirect method
should continue to so operate. However, attention is called to
the fact that all stations must operate by direct method by June
1, 1941.

Licenses and Construction Permits

It should lie emphasized that the approval which has been given
by the Commission to the lists of stations, pursuant to the agree¬
ment, does not in itself authorize operation by licensees on the
frequencies or with the power specified. Action b>- the Commission
resulting in the issuance of station licenses in accordance with the
Communications Act is required before such operation is authorized.
There are now' pending before the Commission, applications for
renewal of license for all standard broadcast stations which were
in operation on October 1, 1940. The Commission, upon considera¬
tion of these applications, will issue rencw'al licenses effective at
3:00 a.m. EST, March 29, 1941. Such applications, if approved,
w'ill be granted in part, specifying the new frequencies in lieu
of the former frec|uencies, and issued subject to such further con¬
ditions with respect to directional antennas as may be required in
order to carry out the .Agreement.

The foregoing does not mean that all penrling applications for
renewal of license will be granted. In instances where the Com¬
mission, in the normal course, because of complaints or investiga¬
tions pending against the station, or for other reasons, may deter¬
mine to hold hearings or conduct other proceedings with respect
to the licensees, the Commission procedures regularly applicable
in such cases will be followed. In instances where outstanding
construction permits require modification in order to comply with
the terms of the Agreement, the Commission will institute appro¬
priate procedures for modification of such construction permits.

In order to comply with the assignments permissible under the
Agreement, new construction is involved in some instances. Li¬
censees whose applications for renewal are granted subject to a
condition, and who accept the condition, must file applications for
construction permits to carry out the construction involved for
consideration in regular order by the Commission. That is, if a
station now operates on frequency A with 1 kw ])ow'cr and under
the assignment jirovided in the Agreement must operate under
frequency H but requires a directional antenna to limit the radia¬
tion in some direction to less than the equivalent of 1 kw', the
station must file an application anrl be granted authority to put
in the necessary equipment w'ith required antenna. The applica¬
tion should he filed as soon as possible and prior to March 29 and
the construction proceeded with as raiiiclly as possible; but in any
event the station will be required to shift frequency from fre¬
quency A to frequency R at the first operation after 3 a.m. EST
March 29. Where construction cannot be completed by that date,
such station w'ill be required to operate without directional antenna
at a sufficiently low power to avoid interference with other stations.

Some station assignments are listed with a power in excess of
that now contained in the station's license. In no case is any sta¬
tion authorized to operate with any power other than that con¬
tained in the license or otherwise ordered by the Commission.
■Applications must be filed with the Commission in order to take
aflvantage of the power increases specified under the listings and
such applications will be considered in the order of their ITing.
The listing does not necessarily mean that the listed station or
existing licensee will receive the power specified. The Com.mission
will determine according to the requirements of the Communica¬
tions Act of 1934.

LICENSES FOR REALLOCATION

The F('C has sent (his notice to standard broadcast
.station licensees and holders of standard broadcast sta¬
tion construction permits:

The Commission today issued a separate order to each of 79S
standard broadcast station licensees, as to whose frequency assign¬
ments a change is contemplated in keeping with the North Ameri¬
can Regional Broadcasting Agreement and the Recommendations
adopted by the Commission’s Resolution of January 31, 1941,
looking to the granting of renewal of license applications specify¬
ing frequencies and conditions of operation consistent w’ith the
Agreement.

Under the Agreement all stations must shift simultaneously to
appropriate frequencies at 3:00 a.m., EST, March 29, 1941,
Section 307(e) of the Communications Act of 1934, as amended,
provides, that the Commission may not grant renewals of exist¬
ing station licenses more than 30 days prior to the expiration of
such licenses. The Recommendations provide that the other
governments parties to the Agreement may give notice on or before
March 1. 1941, of their acceptance of said Recommendations, and
that in the absence of notification prior to March 1, 1941, the
Recommendations are to be considered as approved and accepted
by such governments. For these reasons no final action w'ith
respect to pending renewal applications will be taken prior to
March 1, 1941. The Commission desires, how'ever, to anticipate
the placing into effect of the Agreement so far as possible.

The Commission’s order in each case specifies the frequency and
conditions of operation proposed to be authorized. It further pro¬
vides that the station licensee may give notice to the Commission
of any objections it may have to the frequency assignment and
other conditions of operation proposed affecting such station on
or before February 18, 1941. Upon receipt of any such notice the
Commission will afford appropriate opportunity for a hearing.

•Although the orders permit the filing of objections and provide
for hearing, it should be observed that the proposed changes were
made public September 11, 1940, and opportunity was then and
thereafter given to interested parties to make their views known.
The purpose of the further opportunity now afforded is to permit
the final examination of any remaining objections under the
standard of public interest, convenience and necessity. Stations
not filing objections w'ill be deemed to have consented to such
changes and the orders provide that the Commission will then
consider the applications for renew'al of such stations as applica¬
tions for renewal on the new frequencies and subject to the new
conditions.

There are outstanding standard broadcast station construction
permits looking to the issuance of licenses for operation after
March 29, 1941. Before any license covering such construction per¬
mits may be issued provision must be made consistent with the
terms of the .Agreement for the use of a frequency, and in some
instances installation of directional antennas or modification of
directional antennas presently provided for in said construction
permits. The holder of any such construction permit should file
as promptly as possible an application for modification of the
construction permit to specify a frequency and conditions of opera¬
tion consistent w'ith the terms of the Agreement.

The Commission also announced that although the Recommenda¬
tions are not yet legally in effect, pending the response of other
governments, no action w'ill be taken by the Commission in a
manner inconsistent with the provisions of the Agreement, the
Recommendations or the appended lists.

This, of course, will not preclude action where there are no ques¬
tions of a signal of sufficient intensity to cause interference con¬
sequences in another counti>', nor the granting of authorizations
for operation effective after March 29, 1941, which may be notified
as changes under the Agreement.

118 — February 7, 1941

Radio’s Moving Day

The entire radio industry is rapidly getting in step for
March 29 when 90 per cent of United States stations will
come in on new dial locations on over 50,000,000 radio
receivers.

Suggestions to stations will be consolidated in a broad¬
side soon to be mailed from headquarters.

Advantages to all stations concentrating on an identical
point of view will be obvious to all station managers.
There are basically three points which must be understood
by the radio public and the servicemen who will setup
the push buttons of 10,000,000 radio sets:

( 1 ) Reallocation is another forward step in the con¬
stant improvement in radio broadcasting.

(2) Reallocation will bring better over-all program
reception in the United States.

(3) Reallocation results from careful, long time plan¬
ning and consultation between governments. It required
over 3 years for reallocation to become effective.

Prior to the arrival of the broadside it is suggested that
managers complete arrangements with powder companies,
gas companies and telephone companies for envelope
stuff er enclosures in March bills, in line with the “Good
News” bulletin of February 1.

It would also be helpful during the coming week for
the cause of reallocation if managers will notify the local
radio trade that they have complete information in their
office on the new frequencies.

Many servicemen and dealers will want to publish a
log for advance distribution to their customers.

Editors of trade papers going to servicemen and dealers
have pointed out in their columns that for the first time
in a great many years servicemen and dealers have log
information, which is really news.

REALLOCATION FREQUENCY LIST

NAB DISTRICT 1

Present

New

Frequency

Frequency

Connecticut

in kc.

Mar. 29, 1941

WICC— Bridgeport .

. 600

600

WNAB .

. CP 1420

1450

WDRC— Hartford .

. 1330

1360

WTHT .

. 1200

1230

WTIC .

. 1040

lOSO

WNBC — New Britain .

. 1380

1410

WELI — New Haven .

. 930

960

WNLC— New London .

. 1500

1490

W AT R — W at erbury .

. 1290

1320

WBRY .

. 1530

1.590

Maine

WRDO — Augusta .

. 1370

1400

WABI — Bangor .

. 1200

1230

WLBZ .

. 620

620

Present

New

F requency

Frequency

in kc.

Mar. 29, 1941

WCOU — Lewiston .

. 1210

1240

WCSH^Portland .

. 940

970

WGAN .

. 560

560

WAGM — Presque Isle. . .

. 1420

1450

Mass.-vctiusetts

WAAB — Boston .

. 1410

1440

WBZ .

. 990

1030

WCOP .

. 1120

11.50

WEEI .

. 590

590

WHDH .

. 8.30

850

WMEX .

. 1470

1510

WNAC .

. 12.30

1260

WORE .

. 920

9,50

VVSAR — Fall River .

. 14.50

1480

WHA I— Greenfield .

. 1210

1240

WHYN— Holyoke .

. CP 1370

1400

WOCB — nr. Ilyannis. . . .

. 1210

1240

WLAW — Lawrence .

. 6,80

680

WLLH—Lowell .

. 1370

1400

WNBH— New Bedford. .

. 1310

1.340

WBRK— Pittsfield .

. 1310

1340

WESX— Salem .

. 1200

1230

WBZA — Springfield .

. 990

10.30

WMAS .

. 1420

14,50

WSPR .

. 1140-CP 1240 1270

WM AW— Worcester _

. CP 1200

1230

WORC .

. 1280

1310

WTAG .

. .580

580

New Hampshire

WLNH — Laconia .

. 1310

1340

WFEA — Manchester. . . .

. 1340

1.370

WMFR .

. CP 610

610

WHEB — Portsmouth. . . .

. 740

7,50

WKNE — Keene .

. 1260

1290

Rhode Island

WFCL -Pawtucket .

. CP 1390

1420

WEAN — Providence . . . .

. 780

790

W.IAR .

. 890

920

WPRO .

. 6.30

630

V ermont

WCAX— Burlington _

. 1200

1230

WSYB — Rutland .

. 1.500

1490

WQDM— St. Albans. . . .

. 1390

1420

WDEV— Waterbury _

. 5.50

550

NAB

DISTRICT 2

New York

WABY— Albany .

. 1370

1400

WOKO .

. 14.30

1460

WMBO— Auburn .

. 1310

1.340

WBTA — Batavia .

. CP 1.500

1490

WNBF — Binghamton . . .

. 1500

1490

WARD — Brooklyn .

. 1400

1430

WBBC .

. 1400

1430

WBBR .

. 1300

13.30

WCNW .

. 1.500

1600

WVFW .

. 1400

1430

WBEN— Buffalo .

. 900

930

WBNY .

. 1370

1400

WEBR .

. 1310

1340

WGR .

. 5.50

.550

WKBW .

. 1480

1520

wsvs .

. 1.370

1400

WCAD— Canton .

. 1220

12,50

WEN Y — Elmira .

. 1200

1230

WGBB — Freeport .

. 1210

1240

WHCU— Ithaca .

. 8.50

870

W.I'IW — .Jamestown .

. 1210

1240

WKN Y — Kingston .

. 1.500

1490

WHNY — Newburgh. . . .

. 1220

12,50

WABC — New York City

. 860

880

WBNX .

. i;i.50

1380

WEAF .

. 660

660

WEVD .

. 1300

1.330

February 7,

1941 — 119

Present

New

Frequency

F requency

in kc.

Mar. 29, 1941

WIIX .

. 1010

10,50

WINS .

. 1180

1000

W.IZ .

. 7()()

770

WLTH .

. 1400

1430

WMCA .

. 570

570

WNEW .

. 1250

1280

WNYC .

. 810

8.30

WOV .

. 1100

11.30

W(^\H .

. 1550

1.560

WHLI) — Niagara Falls. ,

. 1260

1290

WSLB — Ogdensburg . . . .

. 1370

1400

WHDL— Olean .

. 1420

14,50

WMFF— Plattsburg _

. 1310

1340

WKIP — Poughkeepsie. . .

. 1420

14.50

WHAM — Rochester .

. 1150

1180

WHFC .

. 1430

1460

WSAY .

. 1210

1240

WAGE— Salina .

. CP 620

620

WNHZ — Saranac Lake. .

. 1290

1320

WGY .

. 790

810

WFPI. — Syracuse .

. 1360

1390

WOT.F .

. 1500

1490

WSY H .

. 570

570

WHAZ— Ti-oy .

. 1300

1330

WTRY .

. 950

980

WIBN— Utica .

. 1200

1230

WATN — Watertown. . . .

. CP 1210

1240

WWNY .

. CP 1270

1300

WFAS— White Plains . . .

. 1210

1240

WWRL— Woodside .

. 1500

1600

NAB

DISTRICT 3

Del.\w.\kb

WDEIj — Wilmington. . . .

. 1120

11.50

WILM .

. 1420

1450

New Jersey

WCAP— Asbury Park . . .

. 1280

1310

WBAB — Atlantic City. .

. 1200

1490

WFPG .

. 1420

1 4.50

WSN J — Bridgeton .

. 1210

1240

WCAM— Camden .

. 1280

1310

WAAT — Jersey Chty . . . .

970

WHOM .

. 14.50

1480

WHBI -Newark .

. 12.50

1280

WOR .

. 710

710

WPAT-Pater.son .

. CP 900

930

WBRB— Red Bank .

. 1210

1240

WTNJ— Trenton .

. 1280

1310

WAWZ — Zarephath .

. 13.50

1380

Pennsylv.\ni.v

WCBA — Allentown .

. 1440

1470

WSAN .

. 1440

1470

WFBG— Alto(ma .

. 1310

1340

WCED— Du Bois .

. CP 1200

1230

WEST — Easton .

. 1200

1400

WERC—Erie .

. CP 1500

1490

WLEU .

. 1420

14.50

WIBG— Glenside .

. 970

990

WH.IB — Greensburg . . .

. 620

620

WSAJ — Grove City .

. 1310

1340

WHP- Harrisburg .

. 1430

1460

WKBO .

. 1200

1 2,30

WAZL— Hazleton .

. 1420

14,50

WJAC — Johnstown .

. 1370

1400

WGAL — Tjiuicaster .

. 1.500

1490

WEST— New Castle . . . .

. 12.50

1280

WKPA — New Kensington . 1120

11.50

KYW- Philadelphia _

. 1020

1060

WCAV .

. 1170

1210

W].)AS .

. 1370

1 400

WFIL .

. .560

560

WHAT .

. 1310

1.340

WIP .

. ()10

610

WPEN .

. 920

9,50

WTEL .

. 1310

1 340

KDKA — Pittsburgh .

. 980

1020

Present

New

Frequency

Frequency

in kc.

Mar. 29, 1941

KQV .

. 1380

1410

WCAE .

. 1220

1250

W.IAS .

. 1290

1320

WWSW .

. 1.500

1490

WEEU — Reading .

. 830

850

WRAW .

. 1310

1340

WARM— Scranton .

. CP 1370

1400

WGBI .

. 880

910

WQAN .

. 880

910

WPIC— Sharon .

. 780

790

WKOK — Sunbury .

. 1210

1240

WMBS — Uniontown. . . .

. 1420 CP 590

.590

WBAX — Wilkes Ban e . ,

. 1210

1240

WBRE .

. 1310

1340

WR AK — Williamsport . .

. 1370

1400

WORK — York .

. 1320

1350

NAB

DISTRICT 4

Di.STRK'T of Columbi.v

WINX — Washington. . . .

. 1310

1340

WJSV .

. 1460

1.500

WMAL .

. 630

630

WOE .

. 1230

1260

WRC .

. 9.50

980

WWDC .

. CP 1420

1450

Maryl.ynd

WB AI. — Baltimore .

. 1060

1090

WCAO .

. 600

600

WCBM .

. 1370

1400

WFBR .

. 1270

1300

WITH .

. CP 1200

1230

WTBO— Cumberland . . .

. 800

820

WFMD — Frederick .

. 900

930

WJEJ — Hagerstown .

. 1210

1240

WBOC — Salisbury .

. 1.500

1490

North Carolina

WISE— Asheville .

. 1370

1400

WWNC .

. 570

570

WBT— Charlotte .

. 1080

1110

WSOC .

. 1210

1240

WDNCi— Durham .

. 1.500

1490

WCNC — I'Jizabeth City.

. 1 370

1400

WFNCl — Fayetteville. . . .

. 1340

1370

WGNC— Gastonia .

. 1420

1450

WGBR— Goldsboro .

. 1370

1400

WBIG — Greensboro .

. 1440

1470

WGTC — nr. Greenville. .

. 1,500

1490

WHKY— Hickory .

. 1370

1400

WMFR— High Point .

. 1 200

1230

WFTC — Kinston .

. 1200

1230

WPTF— Raleigh .

. 680

680

WRAP .

. 1210

1240

WCBT — Roanoke Rajiids

. CP 1200

1230

WEED — Rocky Mount..

. 1420

14.50

WSTP — Salisbury .

. 1500

1490

WMFD — Wilmington. . .

. 1370

1400

WGTM— Wilson .

. 1310

1340

WAIR — Winston-Salem. .

. 1310

1340

WS .IS .

. 1310-CP 600

600

South Carolina

WAIM — Anderson .

. 1200

1230

WCSC — CJiarleston .

. 1360

1390

WTMA .

. 1210

1250

WCOS — Columbia .

. 1370

1400

WIS .

. .560

.560

WOES— Florence .

. 1200

12.30

WFB(1 — Greenville .

. 1300

1330

WMRC .

. 1,500

1 490

WtlRD — Spartanburg. . . .

. 1370

1400

WSPA .

. 920

950

WFIG — Sumter .

. 1310

1340

ViROINI V

WCHV-Cliarlottesville. .

. 1420

1450

WBTM- Danville .

. 1370

1400

120 — February 7, 1941

Present

New

F requency

Frequency

in kc. Mar. 29, 1941

WF V A Fredericksburg .

1260

1290

WSVA Harrisonburg .

550

550

WLVA — Lynchburg .

1200

1230

WMVA Martinsville .

. . CP 1420

1450

WGH — Newport News .

1310

1340

WTAR— Norfolk .

780

790

WPID — Petersburg .

1210

790

WBBL — Richmond .

1210

1240

WMBG .

1350

1380

WRNL .

880

910

WRVA .

1110

1140

WDB.I — Roanoke .

930

960

WSLS .

1500

1490

WLPM— Suffolk .

1420

1450

West Viroinia

WJLS— Beckley .

1210

1240

WHIS— Bluefield .

1410

1440

WGHS— Charleston .

580

580

WGKV .

1500

1490

WBLK — Clarksburg .

1370

1400

WMM N — F airinont .

890

920

WSAZ — Huntington .

..11 90-CP 900

930

WLOG — Logan .

1200

1230

WAJR — Morgantown .

1200

1230

WPAR — Parkersburg .

1420

14.50

WBRW— Welch .

1310

1340

WKWK— Wheeling .

. . CP 1370

1400

WWVA .

1160

1170

WBTH — Williamson .

1370

1400

NAB DISTRICT 5

Alabama

WHMA — Anniston .

1420

1450

WAPI — Birmingham .

1140

1170

WBRC .

930

(See note 1)
960

WSGN .

1310

1340

WMSL — Decatur .

1370

1400

WAGF — Dothan .

1370

1400

WJB Y — Gadsden .

1210

1240

WBHP — Huntsville .

1200

1230

WALA — Mobile .

1380

1410

WMOB .

1200

1230

W CO V — Montgomery .

1210

1240

WSFA .

1410

1440

WMSD — Muscle Shoals City. . .

1420

1450

WJHO— Opelika .

1370

1400

WHBB— Selma .

1500

1490

WJRD — Tuscaloosa .

1200

1230

Florida

WMF.I — Daytona Beach .

1420

1450

WPER— Deland .

. . CP 1310

1340

WFTL — Fort Lauderdale .

1370

1400

WFTM— Fort Myers .

1210

1240

WRUF— Gainesville .

830

850

WJAX — Jacksonville .

900

930

WJHP .

1290

1320

WMBR .

1370

1400

WLAK — I jakeland .

1310

1340

WIOD — Miami .

610

610

WQAM .

560

560

WKAT — Miami Beach .

. . 1500-CP 1330

1360

WTMC— Ocala .

1500

1490

WDBO— Orlando .

580

580

WLOF .

1200

1230

WDIvP — Panama City .

1200

1230

WCO A — Pensacola .

1340

1370

WFOY — St. Augustine .

1210

1240

WSLIN — St. Petersburg .

620

620

WTSP .

. . 1370-CP 1350

1380

WSPB — Sarasota .

1420

1450

WTAL— Tallahassee .

1310

1340

WDAE— Tampa .

1220

1250

WFLA .

940

970

WJNO— West Palm Beach .

1200

1230

Present

New

Freciuency

Frequency

Georgi.a

in kc. Mar. 29, 1941

WGPC — Albany .

1420

14.50

WALB .

. . . CP 1530

1 590

WGAU— Athens .

1310

1.340

WAG A— Atlanta .

1450

1480

WATL .

1370

1400

WGST .

890

920

WSB .

740

750

WGAC — N. of Augu.sta .

1210

1240

WMWH .

. . . CP 1420

14.50

WRDW .

1.500

1490

WMOG— Brunswick .

1.500

1490

WRBL — Columbus .

1200

12.30

WMJM— Cordele .

1.500

1490

WBL.l — Dalton .

1200

12.30

WGGA — Gainesville .

. . . CP 1210

1240

WKEU— Griffin .

1.500

14.50

WLAG — La Grange . . . .

. . . CP 1210

1240

WBML — Macon .

1420

1240

WMAZ .

1180

940

WMGA— Moultrie .

1370

1400

WRGA— Rome .

1.500

1490

WSAV — Savannah .

1310

1340

WTOC .

1260

1290

WPAX — Thomasville .

1210

1240

WRLC^Toccoa .

. . . CP 1420

14.50

WGOV-Waldosta .

1420

14.50

WAYX — Waycross .

1200

12.30

WDAK — West Point .

1310

1340

Puerto Rico

WPRA — Mayaguez .

780

790

WPAB — Ponce .

1340

1370

WPRP .

. . . 1420-CP 1480

1520

WKAQ — San Juan .

. . . 1240-CP 620

620

WNEL .

1290

1320

NAB DISTRICT 6

Arkansas

KLCN — Blvtheville .

1290

1320

KFPW— Fort Smith .

1370

1400

KTHS — Hot Springs .

1040

1090

KWFC .

1310

(See note 2)
1340

KBTM — Jonesboro .

1200

1230

KARK — Little Rock .

890

920

KGHI .

1200

1230

KLR A .

1390

1420

KELD — No. of El Dorado. . . .

1370

1400

KOTN— Pine Bluff .

1.500

1490

KLTOA — Siloam Springs .

1260

1290

Louisiana

KALB — Alexandria .

1210

1240

WJBO — Baton Rouge .

1120

11.50

KVOL — Lafayette .

1310

1.340

KPLC — Lake Charles .

1500

1490

KMLB — Monroe .

1200

12.30

WNOE — New Orleans .

1420

14.50

WDSIT .

1250

1280

WJBW .

1200

1230

WSMB .

1320

13.50

WWL .

850

870

KRMD — Shreveport .

1310

1340

KTBS .

14.50

1480

KWKH .

1100

1130

Mississippi

WCBI— Columbus .

1370

1400

WJ PR— Greenville .

1310

1340

W GPlM — Greenwood .

1210

1240

WGCM— Gulfport .

1210

1240

W F 0 R - H att ies b u rg .

1370

1400

WJDX — Jackson .

1270

1.300

WSLI .

1420

14.50

W AML— Laurel .

1310

1340

WSKB — McComb .

1200

1230

WCOC — Meridian .

880

910

WtJBC — Vicksburg .

1360

1390

February 7, 1941 — 121

Present

New

Frequency

Frequency

Tennessee

in kc.

Mar. 29, 1941

WOPI— Bristol .

. 1500

1490

WAPO — Chattanooga. . .

. 1420-CP 1120

1150

WDEF .

. CP 1370

1400

WDOD .

. 1280

1310

WHUB — Cookeville .

. 1370

1400

WTJS— Jackson .

. 1310-CP 1360

1390

WJHL Johnson City...

910

WKPT — Kingsport .

. 1370

1400

WBIK— Knoxville .

. CP 1210

1240

WNOX .

. 1010

990

WROL .

. 1310-CP 620

620

WHBQ — Memphis .

. 1370

1400

WMC .

. 780

790

WMPS .

. 1430

1460

WREC .

. 600

600

WLAC— Nashville .

. 1470

1510

WSIX .

. . 1210

1240

WSM .

. 650

650

NAB

DISTRICT 7

Kentucky

WCM I— Ashland .

. 1310

1340

WLBJ — Bowling Green. .

. 1310

1340

WHEN— Harlan .

. CP 1420

1450

WHOP — Hopkinsville . . .

. 1200

1230

WRAP — Lexington .

. 1420

1450

W A VE — Louisville .

. 940

970

WHAS .

. 820

840

WINN .

. 1210

1240

WOMI — Owensboro .

. 1500

1490

WPAD— Paducah .

. 1420

1450

Ohio

WAKR — Akron .

. 1530

1590

WJW .

. 1210

1240

WICA— Ashtabula .

. 940

970

WHBC — Canton .

. 1200

1230

WCKY — Cincinnati .

. 1490

1530

WCPO .

. 1200

1230

WKRC .

. 550

550

WLW .

. 700

700

WSAI .

. 1330

1360

WCLE — Cleveland .

. 610

610

WGAR .

. 1450

1480

WHK .

. 1390

1420

WTAM .

. 1070

1100

WBNS — Columbus .

. 1430

1460

WCOL .

. 1200

1230

WHKC .

. 640

640

wosu .

. 570

570

WHIO — Dayton .

. 1260

1290

WING .

. 1380

1410

WLOK— I Jma .

. 1210

1240

WMAN— Mansfield .

. 1370

1400

WMRN— Marion .

. CP 1500

1490

WPAY — Portsmouth . . . .

. 1370

1400

WIZE— Springfield .

. 1310

1340

WSTV — Steubenville. . . .

. 1310

1340

WADC— Talmadge .

. 1320

1350

WSPD— Toledo .

. 1340

1370

WTOL .

. 1200

1230

WFM J — Youngstown . . .

. 1420

1450

WKBN .

. 570

570

WHIZ- Zanesville .

. 1210

1240

NAB

DISTRICT 8

Indl\na

WHBU— Anderson .

. 1210

1240

WTRC— Elkhart .

. 1310

1340

WEOA — Evansville .

. 1370

1400

WGBF .

. 1250

1280

WGL — Fort Wayne .

. 1370

1450

WO WO .

. 1160

1190

WIND— Gary .

. 560

560

WHIP — Hammond .

. 1480

1520

WJOB .

. 1200

1230

Wh’BM — Indianapolis. . .

. 1230

1260

WIBC .

. 1050

1070

Present

New

Frequency

Frequency

in kc. Mar. 29, 1941

WIRE .

. 1400

1430

WISH .

. CP 1280

1310

WKMO — Kokomo .

. CP 1420

1400

WLBC— Muncie .

. 1310

1340

WGRC— New Albany. . .

. 1370

1400

WKBV— Richmond .

. 1500

1490

WFAM— South Bend . . .

. 1200

1230

WSBT .

. 1300-CP 930

960

WBOW — Terre Haute . . .

. 1200

1230

WAOV — Vincennes .

. 1420

1450

WBAA — West Lafayette.

. 890

920

Michigan

WELL — Battle Creek . . .

. 1420

1400

WBCM— Bay City .

. 1410

1440

WHDF— Calumet .

. 1370

1400

WJBK — Detroit .

. 1500

1490

WJR .

. 750

760

WMBC .

. 1420

1400

WW J .

. 920

950

WXYZ .

. 1240

1270

WKAR — East Lansing . .

. 850

870

WD B C — Escanaba .

. CP 1500

1490

WFDF— Flint .

. 1310-CP 880

910

WASH— Grand Rapids. .

. 1270

1300

WGRB .

. CP 1200

1230

WLAV .

. 1310

1340

WOOD .

. 1270

1300

WJMS — Ironwood .

. 1420

1450

WIBM — Jackson .

. 1370

1450

WKZO — Kalamazoo ....

. 590

590

WJIM — Lansing .

. 1210

1240

WMPC— Lapeer .

. 1200

1230

WDMJ — Marquette ....

. 1310

1340

WKBZ — Muskegon .

. 1500

1490

WCAR — Pontiac .

. 1100

1130

WHLS — Port Huron ....

. 1370

1450

WEXL— Royal Oak .

. 1310

1340

WSOO — Sauit Ste. Marie

. 1200

1230

WH AL — Saginaw .

. CP 950

980

WSAM .

. 1200

1230

WTCM — Traverse City .

. CP 1370

1400

NAB

DISTRICT 9

Illinois

WMRO — Aurora .

. 1250

1280

WJBC — Bloomington . . .

. 1200

1230

WKRO — Cairo .

. CP 1500

1490

WCAZ— Carthage .

. 1070

1080

WDWS — Champaign. . . .

. 1370

1400

WAAF — Chicago .

. 920

950

WBBM .

. 770

780

WCBD .

. 1080

1110

WCFL .

. 970

1000

WCRW .

. 1210

1240

WEDC .

. 1210

1240

WENR .

. 870

890

WGES .

. 1360

1390

WGN .

. 720

720

WJJD .

. 1130

1160

WLS .

. 870

890

WMAQ .

. 670

670

WMBI .

. 1080

1110

WSBC .

. 1210

1240

WHFC— Cicero .

. 1420

1450

WD AN— Danville .

. 1500

1490

WSOY — Decatur .

. 1310

1340

WTM V — East St. Louis .

. 1500

1490

WG I L — Galesburg .

. 1500

1400

WEBQ — Harrisburg .

. 1210

1240

WJPF — N. of Herrin. . . .

. 1310

1340

WCLS— Joliet .

. 1310

1340

WMBD — Peoria .

. 1440

1470

WTAD— Quincy .

. 900

930

WROK— Rockford .

. 1410

1440

WHBF — Rock Island . . .

. 1240

1270

WCBS— Springfield .

. 1420

1450

WTAX .

. 1210

1240

122 — February 7, 1941

Present

New

F requency

Frequency

in kc. Mar. 29, 1941

W DZ — T uscola .

1020

10.50

WILL — Urbana .

580

580

Wisconsin

WHBY — Appleton .

1200

1230

WATW — Ashland .

1370

1400

WKAU — Eau Claire .

10.50

1070

KFIZ — Fond du Lac .

1420

14.50

WTAQ — Green Bay .

13.30

1360

WCLO — Janesville .

1200

1230

WKBH — La Crosse .

1380

1410

WHA — Madison .

940

970

WIBA .

1280

1310

WOMT — Manitowoc .

1210

1240

WMAM — Marinette .

570

570

WIGM— Medford .

. . . CP 1.500

1490

WEMP — Milwaukee .

1310

1340

WISN .

1120

11.50

WTMJ .

620

620

WIBU— Poynette .

1210

1240

WRJN — Racine .

1370

1400

WJMC — Rice Lake .

1210

1 240

WHBIj — ShebovKan .

1300

13.30

WLBL — Stevens Point .

900

930

WDSM — Superior .

1200

12.30

WSAE — Wausau .

1370

1400

WFHR — Wisconsin Rapids. . .

1310

1340

NAB DISTRICT 10

Iowa

WOI — Ames .

640

640

KFGQ — Boone .

1370

1400

WMT — Cedar Rapids .

600

600

woe — Davenport .

1370

14,50

KWLC — Decorah .

1270

1240

KRNT — Des Moines .

1320

13,50

KSO .

1430

1460

WHO .

1000

1040

KDTH — Dubuque .

. . . CP 1340

1370

WKBB .

1.500

1490

KVFD — Fort Dodge .

1370

1400

WSUI — Iowa City .

910

KFJB — Marshalltown .

1200

12,30

KGLO — Mason City .

. . . 1210-CP 1270

1300

KBIZ — Ottumwa .

. . , CP 1210

1240

KFN F — Shenandoah .

890

920

KMA .

930

960

KSCJ — Sioux City .

1330

1360

KTRI .

1420

1450

Missouri

KFVS — Cape Girardeau .

1.370

1400

KFUO— Clayton .

830

850

KFRU — Columbia .

. . . 630-CP 1370

1400

KWOS — Jefferson City .

1310

1340

WMBH— Joplin .

1420

14.50

KCMO — Kansas City .

14.50

1480

KITE .

1530

1.590

KMBC .

9.50

980

WDAF .

610

610

WHB .

860

880

K woe— Poplar Bluff .

1310

1.340

KDRO— Secialia .

1.500

1490

KFEQ — St. Joseph .

680

680

KM OX — St. Louis .

1090

1120

KSD .

5.50

5.50

KWK . .

1350

1380

KXOK .

6.30

().30

WEW .

760

770

WIL .

1200

1230

KGBX — Springfield .

1230

1260

KWTO .

560

560

Nebraska

KORN — F remont .

1 370

1400

KMMJ — Grand Island .

740

750

KH AS — Hastings .

1200

1230

KGFW — Kearney .

1310

1340

Present

New

Frequency

Frequency

in kc.

Mar. 29, 1941

KFAB — Lincoln .

. 770

1110

KFOR .

. 1210

1240

W.IAG— Norfolk .

. 1060

780

KGNF — North Platte. .

. 14,30

1460

KOIL — Omaha .

. 1260

1290

KONB .

. CP 1500

1490

KOWH .

. 660

660

WOW .

. 590

590

KGKY — Scottsbluff. . . .

. 1500

1490

NAB

DISTRK'T 11

Minnesota

KATE — Albert Lea. . . .

. 1420

14.50

KDAL — Duluth .

. 1,500

1490

WEBC .

. 1290

1320

KGDE — Fergus Falls . .

. 1200

1230

WMFG— Hibbing .

. 1210

1240

KYSM — Mankato .

. 1.500

1230

WCCO — Minneapolis . . ,

. 810

830

WDGY .

. 1180

1130

WLB .

. 760

770

WLOL .

. 1300

1,330

WTc:n .

. 1250

1280

KVOX — Moorhead ....

. 1310

1.340

WCAL— Northfield ....

. 760

770

KROC — Rochestei’ .

. 1310

1340

KFAM— St. Cloud .

. 1420

1450

KSTP— St. Paul .

. 1460

1.500

WMIX .

. 1370

1400

WHLB — Virginia .

. 1.370

1400

KWLM— Willmar .

. 1310

1340

KWNO— Winona .

. 1200

1230

North Dakota

KFYR — Bismarck .

. .5.50

5.50

KDLR — Devils Lake. . .

. 1210

1240

WD AY — Fargo .

. 940

970

KFJM — Grand Forks

. 1410

1440

KRMC — Jamestown. . .

. 1370

1400

KGCU — Mandan .

. 1240

1270

KLPM — Minot .

. 1360

1390

KOVC — Valley City. . .

. 1500

1490

South Dakota

KABR — Aberdeen .

. 1390

1420

KFDY — Brookings. . . .

. 780

790

KGFX— Pierre .

. 630

630

KOBH — Rapid City . . .

. 1370

1400

WCAT .

. 1200

12,30

KELO — Sioux Falls. . . .

. 1200

1230

KSOO .

. 1110

1140

KUSD — Vermillion ....

. 890

920

KWAT — Watertown . . .

. 1210

1240

WN AX — Yankton .

. 570

.570

NAB

DISTRICT 12

Kansas

KVAK — Atchison .

. 1420

14,50

KGGF — Coffeyville. . . .

. 1010

690

KGNO— Dodge City. . .

. 1340

1370

KTSW — Emporia .

. 1370

1400

KIEL — Garden City. . .

. 1210

1240

KVGB — Great Bend. . .

. 1370

1400

K WBG — Hutchinson . . .

. 1420

1450

KCKN — Kansas City . .

1340

KFKU — Lawrence .

. 1220

12,50

WREN .

. 1220

12.50

KSAC — Manhattan. . . .

. 580

580

KOAM — Pittsburg .

. 790

810

KSAL — Salina .

. 1120

11.50

WIBW— Topeka .

. .580

580

KANS— Wichita .

. 1210

1240

KFBI .

. 10.50

1070

KFH .

. 1300

1330

Oklahoma

KADA — No. of Ada. . .

. 1200

1230

KVSO — Ardmore .

. 1210

1240

February 7, 1941 — 123

KASA— Elk City .

Present
Frequency
in kc.

1210

New

Frequency
Mar. 29, 1941

1240

KCRC— Enid .

1360

1390

KSWO — Lawton .

. . . . CP 1120

1150

KBIX — Muskogee .

1500

1490

WNAD — Norman .

1010

690

KOCA" — Oklahoma City .

1310

1340

KOMA .

1480

1520

KTOK .

1370

1400

WKY .

900

930

KHBG — Okmulgee .

1210

1240

WBBZ— Ponca City .

1200

1230

KGFF — Shawnee .

1420

1450

KOME — Tulsa .

1310

1340

KTUL .

1400

1430

KVOO .

1140

1170

'exas nab district 13

KRBC—Ahileno . 1420

1450

KFDA — Amarillo .

1200

1230

KGNC .

1410

1440

KN 0 W — Austin .

1500

1490

KTBC .

1120

1150

KFDM — Beaumont .

560

560

KRIC .

1420

1450

KBST— Big Spring .

1500

1490

KNEL — Brady .

1500

1490

KGFI — Brownsville .

1500

1490

KBWD — Brownwood .

, ... CP 1350

1380

WTAW— College Station .

KEA^S — Corpus Christi .

1120

1150

. ... CP 1500

1490

KRIS .

1330

1360

KAND — Corsicana .

1310

1340

KURD— Dallas .

1040

1080

WFAA .

800

820

WRR .

1280

1310

KDNT — Denton .

1420

1450

KFPL— Dublin .

1310

1340

KROD— El Paso .

. ...1500-CP 600

600

KTSM .

1350

1380

KF.IZ — Fort Worth .

1240

1270

KGKO .

570

570

WRAP .

800

820

KLUF — Nr. Galveston .

1370

1400

KPRC — Houston .

920

950

KTRH .

1290

1320

KXA"Z .

1440

1470

KSAM — Huntsville .

1500

1490

KOC A — Kilgore .

1210

1240

KPAB — Ijaredo .

1500

1490

KFRO — 1 jongview .

1340

1370

KFI'O — Imbhock .

1310

1340

KRBA — Lufkin .

1310

1340

KRLH — Midland .

1420

1450

KNET — Palestine .

1420

1450

KPDN — Pampa .

1310

1340

KPIjT — Paris .

1500

1490

K I UN— Pecos .

1370

1400

KPAC — Port Arthui’ .

1220

1250

KGKL — San Angelo .

1370

1400

KABC — San Antonio .

1420

1450

KM AC .

1370

1400

KONO .

1370

1400

KTSA .

550

550

WOAI .

1190

1200

KRRV — Sherman .

880

910

KXOX — Sweetwater .

1210

1240

KTEM - Temple .

1370

1400

KCMC — Texarkana .

. . . . 1420

1450

KGXB— Tyler .

1500

1490

KVWC— Vernon .

1500

1490

KVIC — No. of Victoria .

1310

1340

WACO — Waco .

. . . . 1420

1450

KRGV — Weslaco .

1260

1290

KWFT— Wichita Falls .

620

620

loLouADO NAB DISTRICT 14

KG I W- Alamosa . 1420

1450

KVOR — Colorado Springs. . .

1270

1300

Present

New

Frequency

Frequency

in kc.

Mar. 29, 1941

KFEL — Denver .

920

950

KLZ .

560

560

KMATI .

1310

1340

KOA .

830

850

KPOF .

880

910

KVOD .

630

630

KIUP — Durango .

1370

1400

KFXJ — Grand Junction .

1200

1230

KFK A — Greeley .

880

910

KOKO — La Junta .

1370

1400

KIDW — Lamar .

1420

1450

KGHF— Pueblo .

1320

1350

KGEK — Sterling .

1200

1230

Idaho

KIDO — Boise .

1350

1380

KID — Idaho Falls .

1320

1350

KRLC — Lewiston .

1370

1400

KFXD— Nampa .

1200

1230

KSEI — Pocatello .

900

930

KTFI— Twin Falls .

1240

1270

KWAL — Wallace .

1420

1450

Montana

KGHL— Billings .

780

790

KRBM — Bozeman .

1420

1450

KGIR — -Butte .

1340

1370

KFBB— Great Falls .

1280

1310

KPF A— Helena .

1210

1240

KGEZ— Kalispell .

. 1310-CP 1430

1340

(See note 3)

KRJh' — Miles City .

. CP 1310

1340

KGVO— Missoula .

1260

1290

KGCX— Wolf Point .

1450

1480

Utah

KSUB — Cedar City .

1310

1340

KVNU — No. of Logan .

1200

1230

KLO — Ogden .

1400

1430

KEUB — Price .

1420

1450

KOVO — Provo .

1210

1240

KDYL — Salt Lake City .

1290

1320

KSL .

1130

1160

KUTA .

.1500-CP 570

570

Wyoming

KDFN — Casper .

1440

1470

KFBC — Cheyenne .

1420

1450

KYAN .

1370

1400

KPOW— Powell .

. CP 1200

1230

KVRS— Rock Spring .

1370

1400

KWA"0 — Sheridan .

1370

1400

NAB DISTRICT 15

California

KRE — Berkeley .

1370

1400

KHSL— Chico .

1260

1290

KIEM — PJureka .

1450

1480

KARM — PAesno .

1310

1340

KM.I .

580

580

KMYC— S.E. of Marysville .

1420

1450

KYOS— Merced .

1040

1080

KTRD — Modesto .

740

860

KDON — Monterey .

1210

1240

KLS — Oakland .

1280

1310

KLX .

880

910

KROW .

930

960

KVCV— So. of Redding .

1200

1230

KFBK — Sacramento .

1490

1530

KROY .

1210

1240

KFRC — San Francisco .

610

610

KGO .

790

810

KJBS .

1070

1100

KPO .

680

680

KSAN .

1420

1450

KSFO .

560

560

KYA .

1230

1260

KQW — San Jose .

1010

740

124 — February 7, 1941

Present

New

Frequency

Frequency

in kc.

Mar. 29, 1941

KSRO — Santa Rosa .

. 1310-CP 1320

1350

KGDM— Stockton .

. 1100

1130

KWG .

. 1200

1230

KTKC — Visalia .

. 890

920

KHUB — Watsonville. . . ,

. 1310

1340

H.cwaii

KHBC— Hilo .

. 1200

1230

KGMB — Honolulu .

. 590

590

KGU .

. 750

760

KTOH— Lihue .

. 1500

1490

Nevad.\

KENO — Las Vegas .

. CP 1370

1400

KFUN .

. CP 1420

1450

KOH — Reno .

. 630

630

NAB

DISTRICT 16

Arizon.a

KWJB— So. of Globe . . .

. 1210

1240

KCR J — Jerome .

. 1310

1340

KSFTN — Lowell .

. 1200

1230

KOY — Phoenix .

. 550

550

KPHO .

. 1200

1230

KTAR .

. 620

620

KYCA — Prescott .

. 1500

1490

KGLU — Safford .

. 1420

1450

KTUC— Tucson .

. 1370

1400

KVOA .

. 1260

1290

KYUM — Yuma .

. 1210

1240

New Mexico

KGGM — Albuquerque . .

. 1230

1260

KOB .

. 1180

1030

KLAH — Carlsbad .

. 1210

1240

KICA— Clovis .

. 1370

1400

KAWM— Gallup .

. 1500

1490

KWEW— Hobbs .

. 1500

1490

KGFL— Roswell .

. 1370

1400

KVSF— Santa Fe .

. 1310

1340

California

KERN — Bakersfield. . .

. 1380

1410

KPMC .

. 1550

1600

KMPC— Beverly Hills . .

. 710

710

KXO — El Centro .

. 1500

1490

KIEV — Glendale .

. 850

870

KFOX — Long Beach . . . .

. 1250

1280

KGER .

. 1360

1390

KECA — Los Angeles. . . .

. 780

790

KFAC .

. 1300

1330

KFI .

. 640

640

KFSG .

. 1120

1150

KFVD .

. 1000

1020

KFWB .

. 950

980

KGFJ .

. 1200

1230

KH J .

. 900

930

KMTR .

. 570

570

KNX .

. 1050

1070

KRKD .

. 1120

1150

KPPC — Pasadena .

. 1210

1240

KFXM — San Bernadino.

. 1210

1240

KFMB — San Diego .

. CP 1420

1450

KFSD .

. 600

600

KGB .

. 1330

1360

KVEC — San Luis Obispo

. 1200

1230

KVOE — Santa Ana .

. 1500

1490

KDB — Santa Barbara . . .

. 1500

1490

KTMS .

. 1220

1250

NAB

DISTRICT 17

Alask.a

KFQD — Anchorage .

. 780

790

KFAR — Fairbanks .

. 610

610

KINY — Juneau .

. 1430

1460

KGBU — Ketchikan .

. 900

930

Present

New

Frequency

Frequency

Oregon

in kc.

Mar. 29, 1941

KWIL — Albany .

. CP 1210

1240

KAST — Astoria .

. 1200

1230

KBKR— Nr. Baker .

. 1500

1490

KBND— Bend .

. 1310

1340

KOAC — Corvallis .

. 550

550

KODL—The Dalles .

. 1200

1230

KORE — Eugene .

. 1420

1450

KUIN — Grants Pass .

. 1310

1340

KFJI — Klamath Falls .

. 1210

1240

KLBM — La Grande .

. 1420

1450

KOOS— Marshfield .

. 1200

1230

KMED — Medford .

. 1410

1440

KALE — Portland .

. 1300

1330

KBPS .

. 1420

1450

KEX .

. 1160

1190

KGW .

. 620

620

KOIN .

. 940

970

KWJJ .

. 1060-SA 1040

1080

KXL .

. 1420

1450

KRNR — Roseburg .

. 1500

1490

KSLM — Salem .

. 1360

1390

Washington

KXRO — Aberdeen .

. 1310

1340

KVOS— Bellingham .

. 1200

1230

KELA — Ccntralia .

. 1440

1470

KRKO — Everett .

. 1370

1400

KWLK — Longview .

. 1370

1400

KGY — Olvinpia .

. 1210

1240

KWSC--Pullman .

. 1220

1250

KEVR — Seattle .

. 1370

1400

KIRO .

. 710

710

KJR .

. 970

1000

KOL .

. 1270

1300

KOMO .

. 920

950

KRSC .

. 1120

1150

KTW .

. 1220

1250

KXA .

. 760

770

KFIO — Spokane .

. 1120

1150

KFPY .

. 890

920

KG A .

. 1470

1500

KHQ .

. 590

590

KMO — Tacoma .

. 1330

1360

KVI .

. 570

570

K V AN — V ancouver .

. 880

910

KUJ— Walla Walla .

. 1370-CP 1390

1420

KPQ — Wenatchee .

. 1500

1490

KIT — ’Vakima .

. 1250

1280

Note 1 — WAPI, Birmingham, Alabama, station to operate on
1170 kc. pending adjustment of domestic problems in U. S.
Note 2 — KTHS, Hot Springs, Arkansas, at present divides time
with KRLD nights on 1040 kc. and operates full-time on
1060 days.

Note 3 — KGEZ, Kalispell, Montana, may be moved to 1460 kc.

instead of 1340 as listed.

CP — Construction permit.

SA — Special authority.

Present frequencies as of February 1, 1941.

PAYMENTS TO ASCAP AFTER
DECEMBER 31

A number of stations have raised the question whether
ASCAP is correctly interpreting its contract in demand¬
ing payment upon receipts for programs carried in De¬
cember, payments for which, however, were not received
until after December 31. The accounting policies of
stations vary and therefore there is no uniform rule which
can be applied.

Some stations report that in the past ASCAP received
payment the first month of the contract or the first month

February 7, 1941 — 125

of a revised contract on all receipts received, even though
some receipts were for programs carried previous months.
If the contract has been so interpreted in the past, it
would seem that payment to ASCAP on all receipts re¬
ceived during December would discharge all obligations
to ASCAP.

However, if payments in the past have been made on
billings or on collections when and as made, then the
station is obligated to pay ASCAP on such sums as are
collected after January 1 for business carried prior to
January 1.

The question should be decided by each station’s local
counsel or accountant based upon the terms of the con¬
tract and its past interpretation by the parties.

BMI CATALOGUE

M. E. Tompkins, Vice President and General Manager
of BMI, has issued a memorandum to all members call¬
ing attention to the wealth of material in the BMI cata¬
logue and in the catalogues of other music publishers
licensing through BMI which may be used to obtain
wider diversification in building programs. The memo¬
randum follows in full:

We are heartened by the splendid support of our stations in the
use of the materials offered by BMI. To forestall criticism on the
part of the listening public, however, we must improve program
structure by widening our use of available material in the interest
of intelligent diversification.

You have splendidly cooperated with our professional depart¬
ment in promoting the use of the titles upon which they are work¬
ing, and we do not want to diminish that cooperation.

There is, however, an enormous wealth of excellent material
offered by BMI from its own catalogue as well as from the cata¬
logues, the performance rights of which BMI has acquired. .Ac¬
companying this list is a carefully specially selected list of material
from the catalogues of BMI, Ricordi, Marks and Peer. All of
this material is up to the standard of our “hits”. We urge con¬
tinuous effort on the part of program managers throughout the
industry to see that these numbers are used in ever increasing
variety. If we are to have the continuous support of the listening
audience, which has been very flattering up to the moment, we
must now take advantage of the wider diversification that is pos¬
sible from the material that BMI makes available to you.

BMPs music you already have in your library. The material
listed from our other publishers, you can acquire at reasonable
rates by direct application to the publisher if you do not already
have it. We shall be very glad to act as intermediary for you if
you wish us to have these publishers ship any material to you.

We anticipate your wholehearted support of this request.

BEST SELLERS

BMI songs have now definitely established themselves
as the most popular tunes in all parts of the country.
Throughout America ten out of the ten best song sellers
for the week ended February 2, according to variety, are
songs published or licensed by Broadcast Music, Inc. In
the history of Tin Pan Alley, no one publisher has ever
had so many hits at the same time.

The enthusiastic reception by the dancing public of
BMI songs is regarded as direct refutation of two theories
often posed by ASCAP: (1) that playing songs on the
air “ruins sheet music and record sales” and (2) that

BMI FEATURE TUNES
February 10-17

1. HIGH ON A WINDY HILL

2. YOU WALK BY

3. HERE’S MY HEART

4. BUGLE WOOGIE

5. IT ALL COMES BACK TO ME NOW

6. MAY I NEVER LOVE AGAIN

7. I CAN’T REMEMBER TO FORGET

8. WISE OLD OWL

9. ACCIDENT’LY ON PURPOSE

10. KEEP AN EYE ON YOUR HEART

11. BECAUSE OF YOU

12. ALL I DESIRE

13. WALKIN’ BY THE RIVER

14. LET’S DREAM THIS ONE OUT

15. LITTLE SLEEPYHEAD

16. ANYWHERE

17. BREAKFAST FOR TWO

18. I LOOK AT YOU

19. SHADOWS IN THE NIGHT

“only ASCAP writers can write hit songs”. Radio’s
ability to skyrocket sheet music sales is reflected in the
following figures: To-date “There I Go”, has sold 140,000
copies of sheet music, “Frenesi”, 130,000 and “I Hear A
Rhapsody”, 120,000. Many more thousand will be sold
within the next few weeks. According to popular music
experts a song is classified as a “hit” if it sells 75,000
copies, and rarely do more than 15 songs sell more than
100,000 copies in a year. It is therefore considered
phenomenal that one publishing house, BAII, has turned
out two songs that have sold well over one hundred
thousand copies during the first month of 1941. Espe¬
cially interesting is the history of “Frenesi” — the widely
popular Mexican number. Although this song was pub¬
lished and recorded last February, it did not achieve any
popularity until it was put on the radio. As soon as it
began to “catch on” and appear on the programs of the
name bands, sheet sales jumped and it is now a bigger
hit in the United States than it ever was in Mexico.

The success of “There I Go”, “I Hear A Rhapsody”,
“I Give You My Word”, “So You’re the One”, “You
Walk By” and many other popular dance favorites is
concrete evidence that BMI has opened up a wealth of
real musical talent which had hitherto been denied recog¬
nition by ASCAP’s “closed-circle” policies. All these
songs were written by gifted young composers, who were
not lucky enough to reach the “inside” of Tin Pan Alley.
For years they have been waiting for a “break”. Now,
thanks to BMI, these and many other composers have
arrived.

126 — February 7, 1941

A LONDONER COMMENTS

A letter in Life Magazine, issue of February 3rd, af¬
fords interesting comment on the widespread popularity
of “There I Go”. John English, the writer, a Londoner,
takes exception to remarks by Walter Graebner on “the
enforced trend toward uniformity in London”. In this
connection Mr. English writes “I don’t suppose this
Graebner person has ever noticed how Americans drink
large quantities of a drink called Coca-Cola, how they
have all been humming There I Go for the past few
weeks, how many of them are reading a magazine called
Life, and how they all praise such characters as Charlie
[McCarthy and Jack Benny. Does the popularity of these
things necessarily denote a trend toward uniformity? Of
course not — neither in this country or in London.”

FAVORABLE COMMENT PREDOMINATING

[More than a million dollars has been subscribed in
license fees for the renewal period of BMI license which
runs from April 1, 1941 to April 1, 1942 — very strong
testimony to the universal approval of BMI policies
among the broadcasters.

Carl Haverlin, BMI’s Station Relations Director, who
attended the district meetings in the 16th, 17th, 14th
and 10th Districts, reports that the consensus of the two
hundred broadcasters attending these meetings was that
favorable comment on the new music far outweighed the
unfavorable comment. In virtually all cases where the
broadcasters had taken the trouble to trace down un¬
favorable comment it was found to be inspired by ASCAP
propagandists.

Labor

SUPREME COURT UPSETS ARNOLD IN
FIRST LABOR CASE

The Supreme Court on February 3 handed down its
decision in the first of the “Thurman Arnold” labor cases
to come to the Court’s attention. It will be recalled that
Mr. Arnold some time ago listed five labor union practices
which he thought were illegal under the Anti-Trust Laws:

1. Unreasonable restraints designed to prevent the use of
cheaper material, improved equipment, or more efficient methods,
.^n example is the effort to prevent the installation of factory-
glazed windows or factory-painted kitchen cabinets.

2. Unreasonable restraints designed to compel the hiring of use¬
less and unnecessary labor. .\n example is the requirement that
on each truck entering a city there be a member of the local
teamsters’ union in addition to the driver who is already on the
truck. Such unreasonable restraints must be distinguished from
reasonable requirements that a minimum amount of labor be hired
in the interests of safety and health or of avoidance of undue
speeding of the work.

3. Unreasonable restraints designed to enforce systems of graft
and extortion. When a racketeer, masquerading as a labor leader,
interferes with the commerce of those who will not pay him to
leave them alone, the practice is obviously unlaw'ful.

4. Unreasonable restraints designed to enforce illegally fixed
prices. .Un example of this activity is found in the Chicago Milk
case where a labor union is charged with combining with distribu¬
tors and producers to prevent milk being brought into Chicago
by persons who refuse to maintain illegal and fixed prices.

5. Unreasonable restraints designed to destroy an established and
legitimate system of collective bargaining. Jurisdictional strikes
have been condemned by the A. F. of U. itself. Their purpose is
to make war on another union by attacking employers who deal
with that union. There is no w'ay the victim of such an attack
may avoid it except by exposing himself to the same attack by
the other union. Restraints of trade for such a purpose are un¬
reasonable whether undertaken by a union or by an employer
restraining trade or by a combination of an employer and a union,
because they represent an effort to destroy the collective bargain¬
ing relationships of a union with an employer.

The broadcasting industry was especially interested in
Xo. 2.

It was X"o. 5 which the Court ruled on Monday. (U. S.
vs. Hutcheson et al. No. 43.)

Certain work in connection with the building of some
new beer vats at the .Anheuser-Busch plant in St. Louis
was awarded to the International Association of Machin¬
ists (/\. F. of L.). The United Brotherhood of Carpenters
and Joiners {A. F. of L.) maintained that its members
should do the work. The Carpenters’ Union then called
a strike of its members employed at the brewery, and put
Budweiser on its unfair list. Mr. .Arnold stepped in and
charged the Carpenters’ U^nion with violation of the .Anti-
Trust Laws.

The Court held that Air. .Arnold was wrong, stating
that “so long as a Union acts in self-interest, and does
not combine with non-labor groups licit and the illicit
under Section 20 (of the Clayton .Act), are not to be dis¬
tinguished by any judgment regarding the wisdom or
unwisdom, the rightness or wrongness, the selfishness or
unselfishness of the end of which the particular Union
activities are the means.”

Broadcasting lawyers are now studying the opinion
with a view to determining how it might affect situations
in which the broadcasting industry is interested.

WAGE-HOUR ACT CONSTITUTIONAL

The same day the Court upheld the constitutionality
of the Wage and Hour .Act, as had been generally ex¬
pected. (Fk S. vs. F. W. Darby Lumber Company et al.
Xo. 82.)

GUARANTEED OVERTIME

Down in Dallas, Texas, William H. .Atwell, a Federal
District Judge, made a ruling this week which, if upheld
by higher courts, would in effect remove any pain that
the broadcasting industry suffers from the .Act. Judge

February 7, 1941 — 127

Atwell said, in effect, that any plan for computing over¬
time that was agreeable to employer and employee was
all right under the Act so long as the total payment ex¬
ceeded the minimum wage requirements.

Specifically, Judge x^twell approved of a “guaranteed
overtime” plan used by the A. H. Belo Corporation, pub¬
lisher of the Dallas Morning News, and operator of sta¬
tions WFAA and KGKO. The Wage and Hour Admini¬
stration has ruled that such plans are illegal, and so an
appeal from Judge Atwell’s decision is probable.

Warning! Judge Atwell’s decision is now “the law”
only in his district, and even there can be upset by a
higher court. Any broadcaster who used '‘guaranteed
overtime” plan does so at the risk oj prosecution, pending
a final adjudication of the question.

INDEPENDENT CONTRACTOR

The following exchange of correspondence about the
possibility of avoiding overtime for a chief engineer by
making him an “independent contractor” may be of
interest:

Labor Relations Director,

Natl. Ass'n of Broadcasters,

1626 K Street, N. W,,

Washington, D. C.

Dear Sir:

I plan on making a contract with my chief engineer to furnish
labor for our transmitter operation for a fixed sum per month.
Would such a plan herein outlined be legal under wage and hour
laws ?

The situation is this: my chief operator would much rather work
than not work and is willing to work a great many more than 40
hours per week but when it comes to paying him time and a half
for all over 40 hours the expense runs too high. Now, can I make
a contract with him to provide all the labor at the transmitter for
a fixed sum per month. Under this contract he would agree to
hire and pay all labor he employs and work them under wage and
hour laws. This then, to my way of figuring would make him an
independent contractor and he could work, for himself, as many
hours as he desires, and pay any help he hired on wage and hour
basis. He is anxious to make as much as possible of course but
we really need another operator under the present set-up and
operators are HARD to get. He wants to work all that he can
and asked for the contract. This he figures would eliminate him
from wage and hours law, since as before mentioned he would be
an independent contractor.

A similar situation exists in a certain business here in town. .A
laundry owner leased his building to his son and in the lease agreed
to furnish a fireman and a water man and a washer. The son
then hires 7 employees on his own and escapes the unemployment
compensation payment as he employs less than 8 employees. This
was decided in his favor in district court when the state sued for
unemployment insurance payments.

What is your opinion on our deal?

Very truly yours,

Dear Mr. - :

You raised a very interesting point in your letter of January 30.
1 have consulted several leading radio lawyers. All agree that,
although there is a' possibility of evading excessive overtime pay¬
ments by the “independent contractor” plan you proposed, such a
plan woultl be held illegal by the Federal Communications Com¬
mission. These lawyers sav that several times, in decisions, the
FCC has held that the licensee must retain control over the tech¬
nical o]ierations, anrl conseciuently over his operators. If you
turned that control over to an independent contractor, they say,
\ou would be violating the terms of your license.

If you did not turn over this control, it follows that the “inde¬
pendent contractor” would not be real independent contractor,
and thus would not be exempt under the Wage and Hour Act, Of
course I did not mention your name or your station specifically in
discussing this matter.

If you have any further questions about it, please do not hesitate
to call on me.

Sincerely,

Joseph L. Miller,
Director of Labor Relations.

NAB

DISTRICT 9

Over thirty Ninth District broadcasters met in Chicago
on Thursday, January 30, for the primary purpose of
selecting a District Director for the coming two-year
term. The following were present:

Arthur F. Howe, Bradley R. Eidmann, WAAF ; J. L. Van
Volkenburg, WBBM; Jack Fleintz, Harold L. Dewing, WCBS;
James F. Kvier, WCLO; Walter Ashe, R. M, Holt, WCLS; Francis
Higgins, WDAN; Edgar L, Bill, WMBD-WDZ; A. W, Kaney,
B. T. Peterson, Donald Marcotte, WENR-WM.^Q; Edwin Brady,
WGN; Les Johnson, WHBF; James A. Wagner, WHBY-WTAQ;
Marie E. Clifford, WHFC; Ed Cunniff, WKBH; William R. Cline,
George R. Cook, Harold A, Safford, WLS ; Henry R. LePoidevin,
WRJN; John J. Dixon, WROK; Merrill Lindsay, WSOY ; L. W.
Herzog, WTMJ ; William H. West, WTMV ; John J. Gillin, Jr.,
WOW.

The balloting resulted in the re-election of William H.
West of WTMV, East St. Louis, Illinois, for the full two-
year, 1941-42, term.

MEMBERSHIP STILL GROWING

Since the first of the year NAB membership has in¬
creased from 497 to 518. The new members we wel¬
come are:

Active: WSX.^D (FM) Rochester, New York
WCED — DuBois, Pennsylvania
WCOV — Montgomery, Alabama
WATW — Ashland, Wisconsin
WHDF — Houghton, Michigan
KGBU — Ketchikan, Alaska
KODL — The Dalles, Oregon
KWLK — Longview, Washington
KBIZ — Ottumwa, Iowa
KRMC — Jamestown, North Dakota
KVOX — Moorhead, Minnesota
KMYC — Marysville, California
KRKD — Los Angeles, California
KSD — St. Louis, Missouri
WEAU — Eau Claire, Wisconsin

Associate: Long-Worth Feature Programs, Inc.

World Broadcasting System
Columbia Recording Corporation
National Broadcasting Company — Radio Recording
Division
Standard Radio
C. E. Hooper, Incorporated

CODE COMMITTEE MEETS

Leaders of most of the outstanding women’s organiza¬
tions in the country commended the NAB’s efforts to ulti-

128 — February 7, 1941

mate the standards of children’s programs, at a luncheon
Tuesday in New York, with the NAB Code Committee.

Mrs. Dorothy Lewis, who recently made a nationwide
survey of children’s programs, read the report of the
Radio Council on Children’s Programs. Neville Miller,
Edgar Bill, and Earl Glade received the report on behalf
of the Code Committee, and discussed at some length the
industry’s collaboration with the women’s organizations
in this respect.

At morning business sessions the Code Committee ap¬
pointed J. O. Maland and Henry P. Johnston to a sub¬
committee, to consider time limitations for 5, 10, and
25-minute commercials. Their report will be submitted
at the next NAB Convention. The Committee also passed
a resolution praising the report of the Radio Council on
Children’s Programs, and Mrs. Lewis’ valuable work.
The Committee recommended that this work be con¬
tinued with proper support and appropriations from the
NAB Board.

A Committee study showed that nearly every station
in the country was complying with the Commercial Sec¬
tion of the Code.

At the iMonday morning session, the Committee dis¬
cussed various labor broadcasting problems with Joseph L.
Miller, NAB Director of Labor Relations. No formal
action was taken.

CONVENTION COMMITTEE ANNOUNCED

John J. Gillin, Jr., Tenth District Director, announced
an important change in the committee line-ups for the
1941 convention to be held in St. Louis.

George Burbach, general manager of KSD, has been
named as general chairman of the Publicity and Public
Relations Committee. Appointed to serve with him are
John C. Roberts, Jr., KXOK, St. Louis; H. Dean Eitzer,
\VDAF, Kansas City; \’ernon H. “Bing” Smith, KO\VH,
Omaha; and Luther Hill, KSO-KRNT, Des Moines.

This Committee will supervise the advance, as well as
the convention publicity, and arrange for the attendance
at the convention of prominent officials from the cities
and states within the Tenth District.

CONVENTION RESOLUTIONS

To avoid any misunderstandings, broadcasters should
read the following rules governing hotel reservations at
the NAB convention in St. Louis, May 12-15. The con¬
vention will be held at the New Jefferson Hotel. Other
St. Louis hotels at which accommodations may be re¬
served are:

Chase DeSoto Mayfair

Park Plaza Lennox Melbourne

Coronado Mark Twain Statler

Complete information as to type and prices at these
hotels will be given in an early issue of THE REPORTS.

1. Requests for hotel reservations should be sent direct to the
hotel at which the applicant desires accommodations.

2. The request should set forth in as much detail as possible —

a. the type of accommodations desired, rate, single or double
occupancy, double or twin beds, etc.

b. the exact date of arrival and if possible the time ; the names
of all people for whom reservation is requested.

c. the length of time which the party plans to stay.

d. if the reservation is not made in a firm name or the request
written on a firm letterhead, the station or other business
with which the reserving parties are affiliated should be
given.

3. Hotels, upon receipt of any request for reservations, should
immediately refer them to the NAB Housing Committee for con¬
sideration. As acknowledgment to the person from whom the
request comes, the hotel should write a letter and attach a printed
copy of the rules, supply of which will be provided. This is not
a confirmation or acceptance by the hotel of the reservation.

4. The Housing Committee has a complete list of N.AB member
stations and associate members. Reservation requests from parties
or stations whose names are on this list will be given priority
and assignments made in the order of their receipt. Requests from
parties or stations not appearing on the membership or associate
membership list will be held in abeyance until .April 12, at which
time rights of priority will terminate and all assignments made in
order of their receipt. While N.AB members and associate mem¬
bers will be given precedence, every effort will be made to suit¬
ably and satisfactorily care for the accommodations requested by
individuals, firms and radio stations not on this list.

5. If the exact type of accommodations requested are not avail¬
able in the hotel specified, the N.^B Housing Committee w'ill
immediately notify the individual, firm or radio station of that
fact and give information as to the type of accommodation avail¬
able which most nearly meets the specifications. This information
shall cover the accommodations in the hotel requested, as well as
in other hotels. .Applicants should bear in mind that no assign¬
ments W’ill be made in such cases until a confirmation of the altern¬
ative accommodation is sent to the Housing Committee.

LONG DISTANCE REMOTE

In the January 10 N.\B REPORTS, WOW, Omaha,
claims the crown for a long distance remote control
pick-up, based on its recent series of pick-ups from the
Pacific Coast. Now having a scale map conveniently at
hand, KWK, St. Louis, is willing to cede WOW the palm
on distance. However, the St. Louis station would like
to put in a claim of its own.

Said claim concerns the only foreign broadcast ever
picked up by a local station. The event occurred last
winter when KWK sent sports announcer Johnnie O’Hara
and engineer Kenneth Hildenbrand to Havana, Cuba, to
stage remote interviews with members of the two base¬
ball teams during the series between the St. Louis Car¬
dinals and the Cuban .All-Stars.

Oddly enough, the long-distance broadcasts by both
Y'OW and KWK were sponsored by the same St. Louis
client — the Falstaff Brewing Corporation.

(Editor’s Note: The current long distance remote
“contest'’ will close March 1 — to be reopened next Jan¬
uary 1, provided anyone wants to challenge the title
claimants at that time.)

February 7, 1941 — 129

Engineering

FM CONFERENCE

Conclusions and Agreements reached during conference
held on December 9, 1940, regarding equipment for high
frequency (FiM) broadcast stations;

In accordance with the Commission’s notice of November 23,
1940. the two principal items of the conference were; (1) maximum
power rating and operating power range of standard high fre¬
quency (FM) transmitters, and (2) performance characteristics
of audio amplifying equipment when obtained sc'irarately and as
a complete unit.

The conference was attended by approximately 40 engineers.
The greater number represented manufacturers of FM equipment
and broadcasters. Mr. A. I). Ring, Assistant Chief Engineer of
the Commission, presided at the meeting with the assistance of
Mr. Wm. H. Bauer and Mr. Wm. C. Boese.

As to Item (1)

Considerable discussion centered around this item. The Com¬
mission in its notice of November 23, 1940, suggested a table of
maximum power ratings and operating power ranges. Some of
the manufacturer representatives submitted papers which suggested
different power ratings and operating ranges than those set forth
in the Commission’s proposal. The suggested were fully discussed.

The discussion of topic (1) developed that there was unanimity
of opinion in that the service area of the FIF broadcast station is
dependent on the antenna gain and height and the topography
of the surrounding area, as well as the transmitted power. After
the installation is completed, it is generally, however, more desir¬
able for practical considerations to adjust the transmitter operat¬
ing power in order to obtain minor adjustments in the service
area, as may be required, rather than to adjust one of the other
controllable factors in the transmitting system, including the an¬
tenna. If large adjustments are necessary in the radiation to
obtain the required coverage, then changes in the antenna height
or gain may be necessary. Since high frequency broadcast stations
are rated on the basis of specific service, it was therefore concluded
that standardization of the maximum power rating and operating
range of the transmitter would be of mutual benefit to the manu¬
facturer, broadcaster, and the Commission.

On the basis of the foregoing conclusion reached as to item (1),
the following table of maximum power ratings and operating
power range was adopted:

Maximum Pouaer
Rating
250 watts
1,000 watts
3,000 watts
10,000 watts
25.000 watts’
50.000 watts
100,000 watts''

Operating Power
Range

100 — 250 watts

250— 1,000 watts

1,000— 3,000 watts

3,000— 10,000 watts
10,000— 25,000 watts
12,500— 50,000 watts''
50,000—100.000 watts

’ Not in production.

-Operating power below 25.000 watts permissible only until 25.000 watt
transmitters are available. Section .5.241 of the Rules Governina High Fre¬
quency Bro.adcast Stations will be waived permitting this lower operating range
until further notice.

“ Not developed.

It was agreed that in case anv manufacturer decided to produce
a 25,000 or 100-000-watt transmitter for FM broadcasting sta¬
tions, it must give notice to the Commission which would release
to all other manufacturers of FM transmitters the manufacturer’s
name and the maximum power rating of the transmitter to be
produced at least six months prior to the completion or delivery
date of such transmitter.

As to Item (2)

The Rules and Regulations of the Commission governing high
freriuencv broadcast stations require that the frequency resiionse be
uniform within 2 decibel:- of 1,000 cycles within the range from

130 — February 7, 1941

50 to 15,000 cycles, that the root mean square of the audio fre¬
quency harmonics be less than 2% within the range from 50 to
15,000 cycles, and that the noise level be 60 decibels or more below
100% modulation (75 kc. swing). Mr. Ring emphasized that the
Commission has directed that this overall performance must be
strictly adhered to in practice. Actual measurements must be
made on every complete installation and furnished the Commission
before a station is licensed for regular operation. This is neces¬
sary to carry out the directions of the Commission.

All of the manufacturers, except one, agreed upon the following:

1. That the performance specified in the rules was desirable.

2. It is practical to obtain this performance in practice.

3. That the achievement of this performance necessitates the
making of adjustments on the completed installation and measuring
the overall performance.

The discussion brought out the fact that in instances where the
addition of the responses of individual amplifiers, connecting lines
and transmitter would indicate the overall response to be within
the Commission’s rules, such performance would not necessarily
obtain because of the reactions between various units. It was
pointed out that if the response of the studio equipment as a whole,
the connecting line and the transmitter were measured separately,
these characteristics could be added with reasonable assurance
that the overall response would be that expected. However, it
would still be desirable to make a single series of measurements
on the equipment from studio microphone terminals to the trans¬
mitter output. This is quite important when equipment of various
manufacturers is utilized in an installation. Due to the fact that
various units in the system contribute to the overall characteristic,
a final determination of the overall performance should be the
responsibility of the licensee and applicants for high frequency
broadcast stations should be aware of this.

It was also considered desirable to extend the lower limit for
frequency response to 30 cycles, although it w'as recognized that
difficulty w'ould be experienced if the 2% distortion limit was
extended to this frequency response for certain types of trans¬
mitters.

One type of transmitter discussed inherently is more difficult
to keep the distortion low' at low' frequencies whereas this is no
particular problem on other designs. In order that the require¬
ments may be the same for all transmitters, the Commission will
accent installations with a maximum overall distortion of 3%
RMS harmonics until further notice. The rules and the appli¬
cation form may be considered waived in this regard until further
notice.

In connection w'ith item (2) there was also discussed the problem
of transmitting over telephone lines from the studio to trans¬
mitter the frequency response range from 30 to 15,000 cycles.
An engineer appearing for the Long Lines Department of the
Bell System stated that this could be done and that a number of
installations had already been made that met these requirements.
It is suggested that since a great deal of difficulty is being experi¬
enced in some cases, the Telephone Company should make a study
of this problem, and applicants should consult the Telephone Com¬
pany representative given in the attendance on difficult cases.

Other Matters

The discussion also included the subject of determining the
output power at high frequency broadcast stations. It was pointed
out that the actual measurement of the power in watts was not
necessary but that some means be provided to maintain the power
at the value to give the coverage specified in the authorization.
The indicating instrument should give a reading proportional to
the power output which should be capable of being maintained
uniformly for long periods of time. It was finally agreed that the
use of a radio frequency ammeter or voltmeter in the transmission
line circuit would be satisfactory although under sleet conditions
the determination of operating ])ower by plate input ijower w'ould
be satisfactory. For this purpose the efficiency factor of 0.60 was
believed to be representative and proper.

The discussion of the transmitter power in the licensing of facili¬
ties raised the question of the power gains by means of horizontal
directivity in various types of antenna systems. It w'as conceded
that the broadcasting industry lacked authoritative information
on the subject of antenna field gains from various antenna arrange¬
ments. .4 committee was suggested to collect data on practical
antenna gains as well as losses to be expected in transmission lines
used to supply energy to the antenna system. This information is
to be made generally available to the industry and will be of vital

interest to applicants and can be used by the Commission in
reviewing applications.

The Committee suggested for this purpose consists of the fol¬
lowing:

Chairman, Mr. Lynne C. Smeby, National Association of Broad¬
casters

Mr. John F. Morrison, Bell Telephone Laboratories

Mr. R. D. Duncan, Radio Corporation of America

Mr. H. P. Thomas, General Electric Company

Mr. C. A. Priest, General Electric Company

Mr. Wm. B. Lodge, Columbia Broadcasting System, Inc.

Mr. Frank A. Gunther, Radio Engineering Laboratories
Mr. R. N. Harmon, Westinghouse Electric and Manufacturing
Company

Mr. Andrew Alford, International Telephone and Telegraph
Mr. Paul DeMars, Yankee Network

.Another topic of discussion was the situation when suitable wire
lines from studio to transmitter could not be obtained as a practipl
fact. The manufacturers present were asked as to the availability
of equipment for ‘'Link” stations operating above 300 me. for this
purpose. It was agreed that the state of the art permitted the
establishment of such a service at this time and would fill an
important need.

This release is primarily for the purpose of providing a record
of the conclusions and agreements reached during the conference.
It appears that the conference fully served its purpose respecting
equipment presently available for high frequency (FM) broadcast
stations.

Attendance at Conference Held December 9, 1940
Name Representing

Major Edwin H. Armstrong
Stuart L. Bailey

I. R. Baker
James W. Baldwin

L. F. Bockoven
Howard A. Chinn
John B. Coleman
Frank A. Cowan
Joseph L. Dalton
Dick Donance
W. R. David
Frank A. Gunther
Raymond F. Guy
R. N. Harmon

G. I. Jones
F. R. Lack
C. M. Lewis
R. H. Lindsay
William B. Lodge
Philip G. Loucks

H. McIntosh
W. A. MacNair
Frank Marx
John F. Morrison
George M. Nixon

M. L. Prescott
C. A. Priest
Gustavus Reiniger
Patrick Simpson
Hector R. Skifter
Lynne C. Smeby
C. M. Srebroff
H. C. Vance
H. N. Willets
Lewis Windmuller
Grant Wrathall

J. E. Young
J. F. Zias

RCA Manufacturing Co.

Finch Telecommunications
Western Electric Co.

Columbia Broadcasting System
RC.\ Manufacturing Co.

A. T. & T. Co.

R. E. L.

FM Broadcasters, Inc.

General Electric Co.

R. E. L.

National Broadcasting Co,
Westinghouse Elec. S: Mfg, Co.
Graybar

Western Electric Co.

RCA Manufacturing Co.

Bell Telephone Labs.

Columbia Broadcasting System
FM Broadcasters, Inc.

Fort Industries Co.

Bell Telephone Labs.

WMCA

Bell Telephone Labs.

National Broadcasting Co.
General Electric Co.

General Electric Co.

R. E. L.

WGNY
KSTP, Inc.

National .\sso. of Broadcasters
R. E. L,

RCA Manufacturing Co.
Western Electric Co.

Fairchild ,\viation Corp.
McNary & Chambers
RCA Manufacturing Co.

FM Broadcasters, Inc.

COLUMBUS CONFERENCE

Last-minute additions to the program of the Broadcast
Engineering Conference have been announced by Dr.
Everitt, Director of the Conference.

\V. R. G. Baker, Chairman of the National Television
Systems Committee, has arranged to bring the 9 Chair¬

men of the various television standards panels to the con¬
ference. Dr. Baker was scheduled to deliver a lecture
entitled “Television Standards” on IMonday afternoon,
February 10. It is now planned to have each panel
Chairman discuss the work of his group during this
period. This will consume the entire afternoon period,
and therefore Dr. Everitt has announced the addition of
an open forum on television, Monday evening, February
10. Dr. Baker will be Chairman of this session and the
panel Chairmen will participate in the discussion.

Dr. Everitt has also announced that Samuel Renshaw,
Professor of experimental psychology at the Ohio State
University, will speak at the dinner on Thursday evening,
February 13. Professor Renshaw will give a demonstra¬
tion lecture on vision.

It was also announced that Paul deMars, Chairman of
the Round Table on FM Problems, met recently in New
York with the other two members of the panel, Mr. E. J.
Content of WOR and Dan Gellerup of WTMJ, to organ¬
ize this Round Table. Mr. Content will cover the prob¬
lems connected with studios and speech acoustics, IMr.
delMars will treat transmitter and relay problems, and
Mr. Gellerup will discuss miscellaneous operating prob¬
lems which he has met in practice. After the introductory
talks, cjuestions which have been submitted in advance
will be answered and then the meeting will be opened for
discussion from the floor.

.\dvance registrations indicate that the Engineering
Conference will be well attended.

The Broadcast Engineering Conference will be held
at the Ohio State University, Columbus, February 10
through 21.

Legislation

NAPA BILL IN PENNSYLVANIA

House Bill 79, prohibiting the recording of any broad¬
cast performance or rendition without the consent of the
artists, and for other purposes, introduced in the Pennsyl¬
vania General Assembly January 27 by Mr. Reuben E.
Cohen, is similar to the Perry Bill which died in the New
York Assembly last year. It is believed to be sponsored
by NAPA and is being vigorously opposed by Pennsyl¬
vania broadcasters. The bill is printed in full below:

.^N ACT

Prohibiting the recording of any broadcast performance or rendition
without the permission and consent of the person or persons
whose performance or rendition is so recorded and the offering
for sale, selling, leasing, licensing or possession of such unlawful
recording and providing penalties therefor

The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:

Section 1. It is unlawful for any person, copartnership, associa¬
tion or corporation to record any broadcast performance or rendi-

February 7, 1941 — 131

tion with intent to offer for sale, sell, lease or license or otherwise
commercially use such recording without the consent and per¬
mission of the person or persons whose performance or rendition is
so recorded.

Section 2. It is unlawful for any person, copartnership, associa¬
tion or corporation to offer for sale, sell, lease or license or other¬
wise commercially use any recording of any broadcast performance
or rendition without the consent and permission of the person or
persons whose performance or rendition is so recorded.

Section 3. It is unlawful for any person, copartnership, associa¬
tion or corporation to use any recording of any broadcast per¬
formance or rendition for commercial purposes without the con¬
sent or permission of the person or persons whose performance or
rendition has been so recorded.

Section 4. Whoever violates any of the provisions of sections
one or tw'o of this act shall be guilty of a misdemeanor and upon
conviction shall be sentenced to pay a fine of not more than one
thousand dollars ($1,000) or undergo imprisonment for not more
than one (1) year, or both, as the court may direct.

Section S. Whoever violates any of the provisions of section
three of this act shall be guilty of a misdemeanor and upon con¬
viction shall be sentenced to pay a fine of not more than five
hundred dollars ($500) or undergo imprisonment of not more than
three (3) months or both as the court may direct.

Section 6. Upon conviction of a violation of any provisions of
this act the court shall also order the delivery and the destruction
of such unlawful recordings.

Section 7. None of the provisions of this act shall apply to any
case of recording for private personal communal, civic or political
uses or to any recording of any address or talk on subjects of a

public nature .

Section 8. This act shall become effective immediately upon

final enactment.

FEDERAL LEGISLATION

HOUSE

H. R. 3099 (Walter, D-Penna.) JUDICIAL CODE — To amend
the Judicial Code by adding thereto a new section 274e, relating
to the interception of wire or radio communications by persons
employed in the investigation, detection, or prevention of offenses
against the United States. Referred to Committee on Judiciary.

H. 1301 (Murphy) COPYRIGHTED MUSIC— TAX— Con¬
cerns the licensing of and a franchise tax on music brokers and
regulations concerning copyrighted music. Referred to Committee
on Judiciary.

S. 201 (Murphy) COPYRIGHTED MUSIC— TAX— Concerns
the licensing of and a franchise tax on music brokers and regula¬
tions concerning copyrighted music. Referred to Committee on
J udiciary,

Maryland :

S. 172 (Johnson) CHIROPRACTIC ADVERTISING— To add
Sec. 4SSA to Art. 43 of the Annotated Code (1939 Ed.), relating
to advertising by practitioners of Chiropractic. Referred to Com.-
mittee on Judicial Proceedings.

Minnesota:

S. 262 (Mullin, Wolfe) AGENCIES — THEATRICAL — Regu¬
lations for licensing, bonding and code for theatrical or booking
agencies. Referred to Committee on Labor. ^

Montana:

CCH H. 1304 (Stevens) TAXATION— SEVERAL SUBJECTS
— Refers to a tax on tickets and fees for amusements; also includes
in its scope gas, electricity, water, communications and trans¬
portation.

Nebraska:

Bill No. 2 H. (Norman et al.) NEWS— CENSORSHIP— Pro¬
hibits newspapers and broadcasting companies from procuring
election returns until the polls close.

New York:

S. 403 (Williamson) INTEREST RATE ADVERTISING—
Provides that no industrial bank shall advertise, print or broadcast
any statement with regard to rates, terms or conditions for loans
unless interest rate or charge is stated in terms of simple interest
on amounts due. Referred to Committee on Banks.

S. 406 (Williamson) CREDIT ADVERTISING— Prohibits ad¬
vertising by printing, broadcasting or otherwise, in connection
with extension of consumer credit, for the purpose of encouraging
needless borrowing. Referred to Committee on Banks.

GEORGIA CONTACT

SENATE

S. 674 (Hatch, D-N. M,, and Van Nuys, D-Ind.) ADMINIS-
TR.ATIVE PROCEDURE — To prescribe fair standards of duty
and procedure of administrative officers and agencies, to establish
an administrative code, and for other purposes. Referred to Com¬
mittee on Judiciary. ,T TVT,X-TC-

S 675 (Hatch, D-N. M., and Van Nuys, D-Ind.) ADMINIS¬
TRATIVE PROCEDURE— To revise the administrative procedure
of Federal agencies; to establish the Office of Federal Administra¬
tive Procedure; to provide for hearing commissioners; to authorize
declaratory rulings by administrative agencies, and for other pur¬
poses, Referred to (Committee on Judiciary.

STATE LEGISLATION

Arizona:

H. 108 (Vidrine) campaign EXPENDITURES — RADIO
time _ To include advertising or speaking on the Radio in limi¬

tation of political campaign expenditures. Referred to Committees
on Judiciary, Suffrage and Elections, Efficient Government, County
and County .Affairs.

California:

S. 1118 (Swan) LIBEL & SLANDER— Amending secs. 45 &
46, adding sec. 3349 to Civil Code, relating to libel & slander.
Referred to Committee on Judiciary.

CONNECTICUI :

H. 178 (Faulkner) PRIV.ATE EMPLOYMENT AGENCIES
— Concerning private employment agencies. Referred to Com¬
mittee on Judiciary.

H. 1141 (Tedesco) libel — RETR.ACTION — Concerning Ac¬
tions of Slander and Libel, providing for no action of slander or
libel until the defendant has refused to retract the alleged
slanderous or libelous charges in writing after a reasonable time
and providing for the filing of a bond by the plaintiff. Referred
to Committee on Judiciary.

Leonard Reinsch, WSB, Atlanta, has accepted an ap¬
pointment as legislative contact man at the Georgia cap¬
ital and Harold Fellows, WEEI, Boston, has accepted an
appointment as legislative contact man at the Massa¬
chusetts capital. (NAB Reports, p. 32.)

FEDERAL COMMUNICATIONS
COMMISSION

FLY PRESS CONFERENCE

Chairman James Lawrence Fly of the FCC said at a
press conference on Monday that in a previous state¬
ment which he had made that the monopoly report would
be taken up within a few weeks that he had no intention
of misleading the press. Mr. Fly said that he still thinks
that the report may be made in February.

Chairman Fly was asked about the possibility of tax¬
ing broadcasters. He said that such a study has been
going on, but he doesn’t know specific extension or details.
It came up in connection with testimony which was given
before the House Appropriations Committee dealing with
FCC appropriations.

132 — February 7, 1941

The Chairman told the newsmen that there is nothing
new in connection with the Defense Communications
Board “although routine problems are grinding off and
committees are busy.” He said that the Board meets
every week.

PROPOSED DECISION IN BROOKLYN
CASES

Long-Standing controversy involving the use of the
1500 kilocycle frequency by three Brooklyn broadcast
stations, was moved a. step nearer adjustment by reason
of proposed action by the FCC as follows:

PROPOSED DISMISS.\L WITH PREJUDICE of the applica¬
tion of the Metropolitan Broadcasting Corp., (WMBQ), Brooklyn,
N. Y., for renewal of license and construction permit.

PROPOSED DISMISSAL WITH PREJUDICE of the applica¬
tion of Lillian E. Kiefer of Brooklyn, N. Y., for construction per¬
mit.

PROPOSED DENLAL of the application of Paul J. Gollhofer,
Brooklyn, N. Y., for construction permit.

PROPOSED DENI.AL of application of Arthur Faske, (WCNW),
Brooklyn, N. Y., for renewal of license.

PROPOSED DISMISSAL WITH PREJUDICE of applications
of Arthur Faske, (WCNW), Brooklyn, N. Y., for modification of
license, construction permit, and modification of construction per¬
mit.

PROPOSED GRANT of the applications of the Long Island
Broadcasting Corp., (WWRL), Woodside, Long Island, N. Y., for
renewal of license and modification of same to include the hours
of WMBQ, and the hours presently allocated to WCNW.

These cases in part figured in a hearing as far back as
February, 1937, and were consolidated in a further hear¬
ing in October, 1939. In today’s Proposed Findings of
Facts and Conclusions (No. B-131), the Commission
holds:

1. The Metropolitan Broadcasting Corporation failed to offer
any evidence at the original or instant hearings in support of its
application for renevcal of license of Station WMBQ. Therefore,
said application and its application for construction permit should
be dismissed with prejudice.

2. Lillian E. Kiefer failed to offer any evidence at the instant
hearing in support of her application for construction permit re¬
questing the facilities of Station WMBQ. Therefore, said applica¬
tion should be dismissed w'ith prejudice.

3. Paul J. Gollhofer, in support of his application for a construc¬
tion permit requesting the facilities of WMBQ has failed to sustain
the burden of proof that he is qualified to construct and operate
a broadcast station, and in view of the manner in which he, as
President of the Metropolitan Broadcasting Corporation, operated
Station WMBQ, the Commission is unable to find that a grant of
this application wall serve the public interest. Consequently, this
application should be denied.

4. Arthur Faske, licensee of Station WCNW, has operated, and
permitted said station to be operated, in violation of the terms
of the license theretofore issued to him by this Commission for
the operation thereof, and the Commission’s Rules and Regula¬
tions, and has failed to sustain the burden of proof that the grant¬
ing of his application for renewal of license of said station and
the continued operation thereof, will serve public interest, con¬
venience and necessity. Therefore, said application should be
denied. In view of this finding, the applications filed by him
for modification of license of Station WCNW requesting the hours
of operation formerly allocated to Station WMBQ, and all hours
regularly allocated to Station WWRL, modification of construction
perrnit and construction permit should be dismissed.

5. The Long Island Broadcasting Corporation, licensee of
Station WWRL, is legally, financially, technically and otherwise
qualified to continue the operation of said station as requested in
its application for renewal of license and to utilize the hours of
operation formerly allocated to Station WMBQ and the hours

now allocated to Station WCNW as requested in its application
for modification of license. Therefore, each of said applications
should be granted.

FCC ACTIVITIES

The FCC announces that the work, business and func¬
tions of the Commission for the month of February have
been assigned as follows:

Commissioner Payne: Designated to determine, order, report
or otherwise act upon all applications
or requests for special temporary stand¬
ard broadcast authorizations.

Commissioner Walker: Designated to hear and determine, order,
certify, report or otherwise act upon:
(a) except as otherwise ordered by the
Commission, all motions, petitions or
matters in cases designated for formal
hearing, including all motions for fur¬
ther hearing, excepting motions and
petitions requesting final disposition of
a case on its merits, those having the
nature of an appeal to the Commission
and those requesting change or modifi¬
cation of a final order made by the Com¬
mission ; provided, however, that such
matters shall be handled in accordance
with the provisions of Sections 1.2S1
and 1.256, inclusive, of the Commission’s
Rules of Practice and Procedure; (b)
the designation pursuant to the provi¬
sions of Sections 1.231 to 1.232 of the
Commission’s Rules of Practice and
Procedure of officers, other than Com¬
missioners, to preside at hearings.

ASSISTANT SECRETARY REYNOLDS
RESIGNS

John B. Reynolds has resigned as x4ssistant Secretary
of the FCC to become part owner and general manager
of WKWK, a new broadcast station under construction
at Wheeling, W. Va.

Mr. Reynolds joined the Federal Radio Commission
in 1930 and was subsequently appointed Assistant Secre¬
tary of that body, being continued in the same capacity
when the Federal Communications Commission was
created in 1934. At various times he has served as .Act¬
ing Secretary.

FEDERAL COMMUNICATIONS
COMMISSION DOCKET

Following broadcast hearings and oral arguments are
scheduled to be heard before the Commission during the
week beginning Monday, February 10. They are sub¬
ject to change.

Monday, February 10

WGST — Georgia School of Technology, .Atlanta, Ga. — Renewal of
license (main and auxiliary) ; 8!)0 ke., 1 KW night, 5 KW LS,
unlimited.

February 7, 1941 — 133

Wednesday, February 12

NEW — Herbert L. Wilson, Middletown, N. Y. — C. P., 131(1 k«'.,
250 watts, unlimited,

NEW — Community Broadcasting Corp., Middletown, N, Y. — C, P.,
1310 Uc., 250 watts, unlimited,

Thursday, February 13
Consolidated Hearing

NEW — Edward J Doyle, Rochester, N, Y, — C. P,, 1340 kc., 1 KW,
unlimited, DA day and night.

WSAY — Brown Radio Service & Laboratory (Gordon P. Brown,
Owner), Rochester, N, Y. — C, P,, 134(i kc., 1 KW, unlimited,
DA day and night.

Thursday, February 13
Oral Argument Before the Commission

WB.^X — John H. Stenger, Jr., Wilkes-Barre, Pa, — Renewal of
license, 1310 kc., 100 watts night, 100 watts LS, unlimited
time.

FUTURE HEARINGS

Durino; the past week the Commission has announced

the following dates for broadcast hearings and oral argu¬
ments. They are subject to change.

February 20

Oral Argument Before the Commission

WHDH — Matheson Radio Company, Inc., Boston, Mass. — C. P.,
830 kc., 5 KW, unlimited, DA night. Present assignment:
830 kc., 1 KW day.

March 27

NEW — Worcester Broadcasting, Inc., Worcester, Mass. — C. P.,
1300 kc., 250 watts, unlimited (using two 100-watt amplifier
stations) .

FEDERAL COMMUNICATIONS
COMMISSION ACTION

APPLICATIONS GRANTED

Richard Field Lewis, Jr., Winchester, Va. — Granted construction
permit for a new station at Winchester to operate on 1370
kc.. 250 watts, unlimited time ( B2-P-.1005) .

WREN — The WREN Broadcasting Co., Inc., Lawrence, Kans. —
Granted amended construction permit authorizing increase
in nighttime power from 1 to 5 KW, subject to approval of
site and antenna at Lawrence; 1330 kc., 5 KW dav, shares
KFKU (B4-P-2272 ).

KWWJ — KWWJ Broadcast Co., Inc., Portland, Ore. — Granted
construction permit to change frec|uency from 10150 to 1040
kc.. increase power from 500 watts to 1 KW, and increase
hours of operation from limited to unlimited, install direc¬
tional antenna for night use, subject to approval of site and
antenna (B5-P-2881).

WSGN — The Birmingham News Company, Birmingham, .yia. —
Granterl, subject to questions involved in hearing on re¬
newal proceedings, application for construction permit to
change frequency from 131(1 to 1510 kc., increase power
from 250 watts to 1 KW, install new transmitting equipment,
directional antenna for night use, and move transmitter site
locally to State Fair Grounds, Birmingham (B,l-P-2993) .

KIRO — Queen City Broadcasting Co., Seattle, Wash. — Granted
modification of construction permit (B5-P-2437) to in¬
crease [lower from 10 to 50 KW, make changes in directional
antenna, install new equipment and extend completion date
(B5-MP-1094).

WFIL Broadcasting Co., Philadelphia, Pa. — Granted construction
permit for new higli frequency (FM) broadcast station to

134 — February 7, 1941

operate on frequency 45300 kc., 9,300 square miles, nearly
4,000,000 population (B2-PH-73).

South Bend Tribune, South Bend, Ind. — Granted construction per¬
mit for new high frequency (FM) broadcast station to
operate on frequency 47100 kc., 4,300 square miles, 448,000
population (B4-PH-54).

W3XP — Philco Radio and Television Corp., Philadelphia, Pa. —
Granted construction permit to increase power in portable-
mobile television station from IS to 125 watts, and install
new equipment (B2-PVB-80).

Clinton Broadcasting Corp., Clinton, Iowa. — Granted construction
permit for a new station to operate on 1340 kc., with 250
watts power, unlimited time, effective March 29.

Burlington Broadcasting Co., Burlington, Iowa. — Granted con¬
struction permit for new station to operate on 1490 kc., 250
watts power, unlimited time, effective March 29.

Courier-Post Publishing Co., Hannibal, Mo. — Granted construction
permit for new station to operate on 1340 kc., 250 watts
power, unlimited time, effective March 29.

WCLS — WCLS, Inc., Joliet, III. — Granted construction permit to
operate on 1340 kc., with 250 watts power, unlimited time,
effective March 29 (station now operates on 1310 kc., with
100 watts).

DESIGNATED FOR HEARING

Camden Broadcasting Co., Camden, N. J. — Application for con¬
struction permit for new station in Camclen to operate on
800 kc., 500 watts, daytime (Bl-P-2926).

WJ.\X — City of Jacksonville, Jacksonville, Fla. — Application for
construction permit to increase nighttime power from 1 to 5
KW, make changes in transmitting equ'oment, and install
directional antenna for nighttime use; 900 kc., 5 KW LS
(B3-P-3012).

MISCELLANEOUS

W.API — .yiabama Polytechnic Institute, University of Alabama,
■Alabama College (Board of Control of Radio Broadcast
Station WAPI) (Assignors), Voice of Alabama, Inc. (As¬
signee), Birmingham, Ala. — Granted voluntary assignment
of license of standard broadcast station W.API, and con¬
struction permit for relav station W.AWT from Alabama
Polytechnic Institute, University of Alabama, Alabama Col¬
lege (Board of Control of Radio Broadcasting Station
W.API), to Voice of Alabama, Inc. The assignors will dis¬
continue operation of the station but will retain ownership
of the physical equipment which will be leased to the assignee.
Station W.API operates on 1140 kc., 5 KW power, simul¬
taneous day, shares KVOO night (S..A. operate 5 KW, un¬
limited time, employing D.A after sunset, Tulsa).

WRC.A-WNBY — National Broadcasting Co., Inc., New York City.
— Granted extension of special temporary authority to sus¬
pend the effective dates of Commission action of December
10, 1940, in granting the license File No. B1-MLIB-4S, and
special temporary authority issued after consideration of
application File No. Bl-MLIB-44, until March 2, 1941, in
order to permit the simultaneous utilization of 9670 and
17780 kc. while changes in equipment are being made in
accordance with outstanding construction permits.

W2XBS — National Broadcasting Co., Inc., New York, N. Y. —
Granted extension of special temporary authority to operate
television broadcast station W2XBS with special emission
in addition to .A3 emission on Channel No. 1, in order to
conduct experimental tests for the National Television
Standards (Committee and the National Broadcasting Co.,
Inc., for the period beginning January 31 to not later than
March 1, 1941.

WBOS — Westinghouse Electric & Mfg. Co., Hull, Mass. — Granted
extension of special temporary authority to operate the equip¬
ment of International broadcast station WBOS authorized
in construction permit Bl-PIB-23, with power of 50 KW
using WL 893R tubes in final amplifier stage in lieu of
Federal 124R tubes, for the period February 3 to not later
than March 4, 1941.

WSUI — State University of Iowa, Iowa City, Iowa. — Denied spe¬
cial temporary authority to use licensed daytime power of
5,000 watts from 7:30 p. m. (or commencement of basket¬
ball game) to 9 p. m. (or until end of game), CST, on
February 3, 10, 15, 17, 22, 24, and March 1, 3, 1941; and
from 7:30 p. m. (or start of game) to 9 p. m. (or until
end of game), EST, on February 8, 1941, in order to

broadcast University of Iowa basketball games to a greater
listening area.

WINS — Hearst Radio, Inc., New York, N. Y. — Granted special
temporary authority to operate from sign-off (February,
7:45 p. m., EST) to 12 midnight, EST, on February 1 and
22, 1941, in order to broadcast sustaining music and de¬
scriptions of programs and to broadcast the Melrose Games
from Madison Square Garden on February 1 and to broad¬
cast the National Track and Field Championships from
Madison Square Garden on February 22, only.

WMRO — Martin R. O’Brien, Aurora, Ill. — Granted special tem¬
porary authority to operate from 7:30 p. m. to 11 p. m.,
CST, February 1, 7, 8, 14, IS, 21, 22, 26, 27, and 28, 1941,
in order to broadcast basketball games and preliminary
games in connection W'ith the State basketball tournament
only.

WNYE — Board of Education, City of New York. — Granted ex¬
tension of special temporary authority to continue to operate
non-commercial educational broadcast station WNYE on
4I1((0 kc., for a period not to exceed 30 days commencing
January 31, 1941, pending resubmission and action on appli¬
cation to change frequency to 43100 kc.

WOI — Iowa State College of Agriculture & Mechanical Arts, Ames,
Iowa. — Granted special temporary authority to operate
from 7 p. m. to 9 p. m., CST, Eebruary 17, March 1 and
3, 1941, instead of Eebruary IS, March 1 and 3, 1941 (as
granted January 2S), in order to broadcast basketball games
only.

WORE — Broadcasting Service Organization, Inc., Boston, Mass. —
Granted special temporary authority to operate from S p. m.
to 6 p. m., EST, on Sundays, February 2, 9, 16 and 23, 1940,
in order to broadcast the Rosary Hour only.

WSAJ — Grove City College, Grove City, Pa. — Granted special
temporary authority to operate from 8 p. m. to 10:30 p. m.,
EST, February 11, 14, 21, 25 and March 4, 7, 10, 1941,
to broadcast basketball games only.

WT.\L — Florida Capitol Broadcasters, Inc., Tallahassee, Fla. —
Granted special temporary authority to operate from 2
to 3 a. m., EST, Eebruary 20, 1941, to broadcast a special
test program in cooperation with and for the member's
of the Newark News Radio Club on power of 250 w’atts
(B3-S-869).

WLWO — The Crosley Corp., Cincinnati, Ohio. — Granted exten¬
sion of special temporary authority to operate the equip¬
ment of International Broadcast Station WLWO with
pow'er input to the final stage of 100 KW for a period not
to exceed 30 days from January 31, 1941, in order to obtain
data requested in connection with application (MLIB-40).

KGGE — Hugh J. Pow'ell, Coffeyville, Kans, — Granted special tem¬
porary authority to remain silent from 2 to 3 p. m., CST,
February 4, 5, 6, 11. 12, 13, 18, 19, 20, 25, 26, 27, from
2 to 3:iS p. m., CST, February 3, 10, 17, 24, from 9:15
to 9:45 p. m., CST, February 11, 1941, in order to permit
WNAD to broadcast educational programs only ; to operate
from 8:15 to 9:15 p. m., February 12, 1941, to broadcast
a Lincoln Day address by Congressman Dew’ey Short (pro¬
vided WN.\D remains silent ) .

WNAD — ITniversity of Oklahoma, Norman, Okla. — Granted sne-
cial temporary authority to operate from 2 to 3 p, m., CST,
February 4, 5, 6, 11, 12, 13, 18, 19, 20, 25, 26. 27, 1941,
and from 2 to 3:15 p, m., CST, February 3, 10, 17, 24, and
from 9:15 p. m. to 9:45 p. m., CST, February 11, 1941, in
order to broadcast educational programs only (provided
KGGS remains silent); to remain silent from 8:15 to 9:15
p. m., February 12, 1941, to enable KGGF to broadcast a
Lincoln Day address bv Congressman Dewey Short.

WKEU — Radio Station WKEU, Griffin, Ga. — Granted special
temporary authority to operate from 5:15 to 5:45 p. m,,
CST, February 2, 9, 16 and 23, 1941, in order to broadcast
radio revivial program only.

WCOP — Massachusetts Broadcasting Corp., Boston. Mass. —
Granted special temporary authority to operate from 5:15
p. m. to 5:45 p, m., EST, February 2, 9, 16, 23, 1941, in
order to broadcast a program by the Massachusetts State
Federation of Women’s Clubs only; to operate from 5:15
p. m. to 5:30 p. m., EST, Eebruary 1. 8, IS, 22, 1941, to
broadcast a program by the Professional Women’s Clubs
of Boston only.

WBBM — Columbia Broadcasting System, Inc., Chicago, Ill. —
Granted extension of special temporary authority to operate
simultaneously wdth Station KF.\B from 6 a. m., CST, to

local sunrise (at Lincoln, Nebr., January, 7:45 a. m.; Eeb¬
ruary, 7:30 a. m., CST), for the period January 29, 1941
to not later than P'ebruary 28, 1941, pending action on
formal application for such authority.

WGRC — North Side Broadcasting Corp., New .Albany. Ind. —
Granted special temporary authority to rebroadcast over
Station WGRC and stations affiliated with the Mutual
Broadcasting System special conversations between units
of the Eirst .Armored Division at F'ort Knox, Ky., on
February 1, 1941, from 2:30 to 3:15 p. m., CST.

WT.4.R — WTAR Radio Corp.. Norfolk, Ya. — Granted license to
cover construction permit (B2-P-2 737) which authorized
increase in power to 5 KW day and night, 780 ke., and
changes in directional antenna system (B2-L-1319); also
granted authority to determine operating power by direct
measurement of antenna power (B2-Z-648).

WBOS — Westinghouse E. and M. Co,, Hull. Mass. — Granted modi¬
fication of construction permit for international broadcast
station (Bl-PIB-23). which authorized move of station
from Pittsburgh to Hull, Mass., increase in power to 50 K'W,
and make changes in equipment, to extend completion date
to June 7 ( Bl-MPIB-19) ,

KFBD — .Amarillo Broadcasting Corp., Portable-Mobile, area of
Amarillo, Tex. — Granted license to cover construction per¬
mit (B3-PRY-229) for new relay station; 1()23, 3158, 3150,
371)0 k(‘., 21 watts power (B3-LRY-216) .

KEHS — WD.\Y, Inc., Portable-Mobile, area of Fargo, N. Dak. —
Granted license to cover construction permit (B4-PRE-372)
which authorized change in frequencies from 183030, 134850,
136810, 138630 kc. to 156750, 158400, 151)300, 161100 kc.,
increase power from 1 watt to 5 watts, and install new
equipment (B4-LRE-340) .

The following applications for renewal of relay broadcast sta¬
tion licenses were granted for the period ending December 1, 1941:

K.‘\OU, area of Tucson, .-Vriz.; KEHO, area of Salt Lake City;
KEIM, area of Phoenix; KEIN, area of Walla Walla, Wash.;
WEIC, area of Schnectady; WEIZ, area of Memphis; WEKW,
area of Hartford; WENK, area of Erie. Pa.; WEOC. area of
Charleston. S. C.; WEGZ, area of New Haven; WEOM, area of
,\urora. Ill.

The following stations were granted further extension of licenses
upon a temporary basis only, pending receipt and or determina¬
tion upon the applications for renewal of licenses, not longer than
March 1, 1941 (relay broadcast):

WEGV, area of Champaign, Ill.; WENW, area of Champaign,
Ill.; KEGN, area of San Francisco; KF.\S, area of Fairbanks,
.Alaska.

The following stations were granted further extension of licenses
upon a temporary basis only, pending determination upon applica¬
tions for renewals of licenses, not longer than March 1, 1941 (relay
broadcast) :

KIJG, area of Brownsville, Tex.; KEM.4, area of Shenandoah,
Iowa.

WS5M — The Journal Company (The Milwaukee Journal), Mil-
w’aukee. Wise. — Granted modification of construction per¬
mit which authorized construction of new high frequency
broadcast station, to change type of transmitter and make
antenna changes.

KF.AR — Midnight Sun Broadcasting Co., Fairbanks, .^Maska. —
Granted authority to determine operating power by direct
measurement of antenna output (B-Z-606).

WRGA — Rome Broadcasting Corp., Rome, Ga. — Granted author¬
ity to install automatic frequency control equipment (B3-
P-169).

WOKO — WOKO, Inc., .\lbany, N. Y. — Granted authority to make
changes in automatic frequency control apparatus (Bl-F-
170).

WKMO — Kokomo Broadcasting Corp., Kokomo, Ind. — Granted
modification of construction permit (B4-P-2842) which
authorized a new station, for approval of vertical antenna,
approval of transmitter site, and installation of new trans¬
mitter (B4-MP-1149),

WSVA — Shenandoah Valley Broadcasting Corp., Harrisonburg, Va.
— Granted modification of construction permit (B2-P-
2578) for new transmitter and extension of completion date
from January 26 to 180 days after grant (B2-MP-1154).
WBEN — WBEN, Inc., Grand Island, N. Y. (Trans.), Buffalo,
N. Y. (Studio) — Granted modification of construction per-

February 7, 1941 — 135

mit (B1-P-27S7) authorizing changes in antenna system,
and new transmitter (Bl-MP-1104) .

KWIL — Central Willamette Broadcasting Co., Albany, Ga. —
Granted license to cover construction permit (BS-P-2949)
which authorized a new station to operate on 1210 ke., 250
watts, unlimited time (B5-L-1320); also granted authority
to determine operating power by direct measurement of
antenna input (B5-Z-6SS).

WCHS — Charleston Broadcasting Corp., Charleston, W. \'a. —
Granted license to cover construction permit (B2-P-2739)
which authorized installation of directional antenna for
night use, and increase in power to S KW day and night
(DA-night) (B2-L-1299); also granted authority to deter¬
mine operating power by direct measurement of antenna
input (B2-Z-619).

WJHL — WJHL, Inc., Johnson City, Tenn. — Granted license to
cover construction permit (B3-P-2626) for installation of
transmitter and directional antenna for night use, increase
in power from 250 watts to 1 KW, change in frequency
from 12(MI to 880 ke., and move (B3-L-1317) ; also granted
authority to determine operating power by direct measure¬
ment of antenna input (B3-Z-644).

WTAW — Agricultural anci Mechanical College of Te.xas, College
Station, Tex. — Granted modification of construction permit
(B3-MP-1006) authorizing new transmitter, and increase
in power from 500 watts to 1 KW, for extension of com¬
mencement date to March 29 (B3-MP-1 151 ) .

WNBC — State Broadcasting Corp., New Britain, Conn. — Granted
modification of construction permit (Bl-P-2723), which
authorized changes in equipment and increase in power,
DA-day and night, for authority to install new transmitter
and extend commencement date to 60 days after grant and
completion date to 180 days thereafter ( Bl-MP-1 142 ) .

WROL — Stuart Broadcasting Corp.,' Knoxville, Tenn. — Granted
license to cover construction permit (B.1-P-243S) for new
transmitter, directional antenna for night use, increase in
power from 250 to 500 watts night, 1 KW day, change in
frequency from 1810 to 630 kc., and move transmitter
(B3-L-1316) ; also granted authority to determine operating
power by direct measurement of antenna input (B3-Z-643).

WTCM — Midwestern Broadcasting Co., Traverse Citv, Mich. —
Granted license to cover construction permit (B2-P-266S) for
a new station to operate on 1870 ke., 250 watts, unlimited
time (B2-L-1318) ; also granted authority to determine
operating power by direct measurement of antenna input
(B2-Z-647).

WKOK— Sunbury Broadcasting Corp., Sunbury, Pa.— Granted
authority to determine operating power by direct measure¬
ment of antenna input (B2-Z-649).

KOCY — Plaza Court Broadcasting Co., Oklahoma City, Okla. —
Granted authority to determine operating power by direct
measurement of antenna input (B3-Z-650).

KTKI— Sioux City Broadcasting Co., Sioux City, la. — Granted
authority to determine operating power by direct measure¬
ment of antenna input (B4-Z-654).

KNX — Columbia Broadcasting Co.. Inc., Los Angeles, Cal. —
Granted authority to determine operating power by direct
measurement of antenna input (BS-Z-652).

KRCN — Northwest .Airlines, Inc., Washington, D. C. — Granted
special temporary authority to operate aircraft station
KHCNK on frequency 27i)() kc. in order to relay broadcast
proceedings of the St. Paul Sports Carnival on P'ebruary 1,
1941, to Radio Station WMIN.

W2XOY — General Electric Co., New Scotland, N. Y. — Granted
special temporary authority to ojjerate a high frequency
experimental broadcast station on 4830(1 ke.. 2500 watts
power, special emission, with the transmitter located at New
Scotland, N, Y., and described as: General Electric Type
BF103A — Exciter 4GF1A1 — Amplifier 4AE2.A1, maximum
rated carrier power output 2500 watts, for the period Jan¬
uary 29, 1941, to not later than March 1, 1941.

KAWM — A. W. Mills, Gallup, N. Mex. — Granted extension of
special temporary authority to remain silent from January
30, 1941, to not later than February 28, 1941, during repairs
necessitated by fire,

KS.AM — Sam Flouston Broadcasting Association, Huntsville, Tex,
— Granted extension of special temporary authority to re¬
main silent from February 2, 1941, to not later than March
1, 1941, pemling Commission action on revocation order.

WILL — University of Illinois, Lhbana, III. — Granted special tem-
jiorary authority to operate simultaneously with Stations

136 — February 7, 1941

WIBW and WCHS, with power of 1000 watts, from 7:25
to 9:25 p. m., on February 3, 17, and 24 and from 7:55
to 9:55 p. m. on February 8, 10 and IS, and from 6:25 to
8:25 p. m., CST, on February 22, 1941, in order to broadcast
University of Illinois basketball games only.

Radio Corp. of Annapolis, Annapolis, Md. — Dismissed application
for construction permit for new broadcast station to operate
on 1816 kc., 100 watts power, unlimited time (Bl-P-2831).

KFIO — Spokane Broadcasting Corp., Spokane, Wash. — Granted
special temporary authority to operate from local sunset
(February, 5:15 p. m. and March 6 p. m., PST) to the
conclusion of high school basketball games on February
11, 13, 18, 20, 25, and 27, 1941, in order to broadcast said
games only and to operate from 7:15 p. m., PST, to the
conclusion of college basketball games on February 14, IS,
21, 22, 24, 25, March 1, 4, 5, 7, and 8, 1941, in order to
broadcast said games only.

WOI — Iowa State College of Agriculture & Mechanical Arts, Ames,
Iowa. — Granted special temporary authority to operate
from 7 p. m. to 9 p. m., CST, February IS, March 1 and
3, 1941, in order to broadcast basketball games only.

WSPR — WSPR, Inc., Springfield, Mass. — Granted special tempo¬
rary authority to operate from 9 p. m. to 10 p. m., EST, on
1340 kc., on January 26, 1941, in order to broadcast the
Rosary Hour program only.

Essex Broadcasters, Inc., Detroit, Mich. — Granted special tem¬
porary authority to pick up program of the Lutheran
Charities in Detroit to be broadcast by Radio Station
CKLW from 4:30 p. m. to 5 p. m., EST, on February 16,
1941.

WAOG — New York State Conservation Dept., Albany, N. Y. —
Granted extension of special temporary authority to operate
portable radiophone forestry station WRAI on frequencies
81630, 85360, 87840, and 89630 kc., for the period January
28, 1941, to not later than February 26, 1941, as a relay
broadcast station to relay programs from the Olympic Bob¬
sled Run to standard broadcast station WNBZ,

WlXOJ — The Yankee Network, Inc., Boston, Mass. — Granted ex¬
tension of special temporary authority to rebroadcast certain
programs of station WlXPW, for a period beginning Jan¬
uary 27, 1941, to not later than March 1, 1941.

WMRO — Martin R. O’Brien, Aurora, Ill. — Granted special tem¬
porary authority to operate from local sunset (January
4:45 p. m., CST) to 5:30 p. m., CST, on January 26, 1941,
in order to broadcast a concert by the Aurora Civic Or¬
chestra only.

The Commission on January 27 took the following action:

WAPI — .Alabama Polytechnic Institute, Etc., Birmingham, Ala. —
Granted in part request for continuance of hearing on ap¬
plication for renewal of license now scheduled for January
27, until February 18, 1941.

WSPD — The Fort Industry, Toledo, Ohio. — Dismissed without
prejudice petition to intervene in re hearing on application
of the Voice of Longview (KFRO), Longview, Tex., for
modification of construction permit to increase power from
1 KW to 5 KW, operating on 1840 ke., unlimited time; on
Commission’s own motion deleted Issue No. 3 which per¬
tained to interference of KFRO w'ith WSPD (B3-MP-872).

WSPD — The Fort Industry, Toledo, Ohio. — Dismissed without
prejudice petition for leave to intervene and enlargement of
issues in re hearing on application of Edward J. Doyle,
Rochester, N. Y., for construction permit for new station to
operate on 1840 ke., 1 KW, unlimited time, using directional
antenna day and night (Bl-P-2031).

WSPD — The Fort Industry, Toledo, Ohio. — Dismissed without
prejudice petition for leave to intervene and enlargement of
issues in re hearing on application of Brown Radio Service
& Lab. (WS.AY), Rochester. N. Y., for construction permit
to operate on 1840 kc., 1 KW, unlimited, using directional
antenna day and night (Bl-P-2924).

WJLS — Joe L. Smith, Jr., Beckley, W. Va. — Granted petition for
leave to amend application for construction permit to operate
on 900 kc., 1 KW, unlimited, directional antenna night, so
as to request another frequency (B2-P-2752).

Pan .American Broadcasting System, Inc., Hollywood, Fla.; Atlantic
Broadcasting Corp., Miami, Fla.; Seaboard Broadcasting
Corp., Tampa, Fla. — Granted petition of applicants insofar
as it requests leave to amend applications for construction
permits for new stations, to alter corporate structure of
applicants by withdraw'al of George H. Bowles and sub¬
stitution of Mrs. Alice M. Sholtz; denied insofar as it re-

quests retention of hearing date and ordered that the hearing
scheduled for February 3 on these applications be cancelled
(B3-P-2768, 2796, 2813, respectively).

Robert Lee, Bradenton, Fla. — The Commission on its own
motion continued to an indefinite date the hearing scheduled
for February 3 on the application for construction permit
for new station to operate on 1500 kc., 250 watts night,
250 watts day, unlimited (B3-P-2780).

WOOD — King Trendle Broadcasting Corp. (Assignor), WOOD
Broadcasting Corp. (Assignee), Grand Rapids, Mich. —
Granted leave to amend application for voluntary assign¬
ment of license of station WOOD by substituting new agree¬
ments between the parties in interest for the agreements
presently attached to application, thus dismissing motion
for continuance of hearing.

WCAP — Radio Industries Broadcast Co., Asbury Park, N. J. —
Granted motion to take depositions in re hearing on appli¬
cation for renewal of license of station WCAP (BlpR-181).

WAPI — Alabama Polytechnic Institute and University of Alabama,
Etc., Birmingham, Ala. — Reconsidered action of January 20,
1930, in designating for hearing the renewal application of
WAPI, and adopted order cancelling hearing now scheduled.

WESX — North Shore Broadcasting Co., Inc., Salem, Mass. —
Granted motion to dismiss petition for rehearing directed
against the action of the Commission December 17, 1940,
granting without hearing the application of C. T. Sherer
Company, Inc., for a new station in Worcester, Mass.

LeRoy’s Jewelers, Los Angeles, Calif. — The Commission upon its
own motion modified the conditional authorization for tele¬
vision station to substitute Channel No. 13 (230000-236000
kc.) in lieu of Channel No. 10, the conditional construction
permit to otherwise remain the same.

Columbia Broadcasting System, Inc., Los Angeles, Calif. — Granted
extension of time to May 1, 1941, for filing program of
research in connection with construction permit for new
television station.

APPLICATIONS FILED AT FCC

580 Kilocycles

WDBO — Orlando Broadcasting Company, Inc., Orlando, Fla. —

License to cover construction permit (B3-P-2734) for in¬
crease in power, installation of directional antenna and
changes in equipment.

WDBO — Orlando Broadcasting Company, Inc., Orlando, Fla. —

Authority to determine operating power by direct measure¬
ment of antenna power — auxiliary transmitter.

WDBO — Orlando Broadcasting Company, Inc., Orlando, Fla. —

Authority to determine operating power by direct measure¬
ment of antenna power — main transmitter.

600 Kilocycles

KROD — Dorrance D. Roderick, El Paso, Texas. — License to cover
construction permit (B3-P-2725) as modified for new
equipment, increase in power and change in frequency.

KROD — Dorrance D. Roderick, El Paso, Texas. — Authority to
determine operating power by direct measurement.

NEW- — The WTBS Radio Company, Inc., Toledo, Ohio. — Con¬
struction permit for a new station to be operated on 60(1
kc., Class III-B, 1 KW, unlimited time.

680 Kilocycles

KFEQ — KFEQ, Incorporated, St. Joseph, Mo. — Construction per¬
mit to install new transmitter, directional antenna for day
and night use, increase power from 500 watts; 2)4 KW,
local sunset to 5 KW, hours of operation from daytime to
unlimited time, and move transmitter. Amended: To make
changes in directional antenna for day and night use.

720 Kilocycles

WGN — WGN, Incorporated, Chicago, Ill. — Extension of S.E.A.
for transmission of facsimile signals using 50 KW. 8-1-40
to 2-1-41. Amended: To extend period to 8-1-41.

920 Kilocycles

WPEN — Wm. Penn Broadcasting Co., Philadelphia, Pa. — Modifi¬
cation of construction permit (B2-P-2658) for new equip¬
ment and increase in power requesting authority to install

new transmitter, and extend completion date to 180 days
after grant.

940 Kilocycles

WICA — WICA, Inc., Ashtabula, Ohio. — Construction permit to
install new transmitter, install directional antenna for night
use, increase power from 1 KW to 1 KW ; 5 KW, local
sunset, and change hours of operation from daytime to
unlimited time.

WFLA — The Tribune Company, Tampa, Florida, — License to cover
construction permit (B3-P-2866) for a new station, and
approval of studio site at Tarr Bldg., corner Lafayette and
Hyde Park, Tampa, Florida.

WFLA — The Tribune Company, Tampa, Florida. — Authority to
determine operating power by direct measurement of an¬
tenna power.

1010 Kilocycles

KGGF — Hugh J. Powell, Coffey ville, Kans. — Construction permit
to increase power from 1 KW to 5 KW, install new trans¬
mitter and directional antenna for night use and move
transmitter, change frequency from 1610 kc. to 6!)0 kc.*
Amended: To change hours of operation from specified
hours to unlimited time.

1070 Kilocycles

WCAZ — Superior Broadcasting Service, Inc,, Carthage, Ill. — .Au¬
thority to determine operating power by direct measure¬
ment of antenna power.

1120 Kilocycles

WAPO — W. A. Patterson, Chattanooga, Tenn. — Modification of
construction permit (B3-P-1939) as modified for increase in
power, change frequency, installation of new transmitter
and directional antenna for night use, and move of trans¬
mitter, requesting authority to make changes in directional
antenna system, night use, and extend commencement date
to 30 days after grant and completion date 180 days
thereafter. Also make changes in equipment. Amended:
RE: to omit request for changes in directional antenna.

1130 Kilocycles

WJJD — WJJD, Incorporated, Chicago, Ill. — Authority to deter¬
mine operating power by direct measurement of antenna
power.

1170 Kilocycles

WCAU — WCAU Broadcasting Co, Philadelphia, Penna. — Modifica¬
tion of construction permit (B2-P-3001) for new equip¬
ment, requesting changes in antenna system, and move of
transmitter from 1}4 miles west by southwest of Newtown
Square on Bishops Hollow Road, Penna. to near Church
and Pamona Roads, Cinnaminson and Moorestown Town¬
ship. N. J. Extend commencement date to 30 days after
grant and completion date to 180 days thereafter.

1200 Kilocycles

KPOW — Albert Joseph Meyer, Powell, Wyo. — Modification of
construction permit (B5-P-2593) for a new station, re¬
questing approval of studio and transmitter site at corner
East 7th and Hamilton Streets, Block No. 2, original town-
site, Powell, Wyoming, changes in antenna system and
transmitting equipment.

WCBT — J. Winfield Crew, Jr., Roanoke Rapids, N. Car, — License
to cover construction permit (B3-P-2647) as modified for
a new station.

WCBT — J. Winfield Crew, Jr,, Roanoke Rapids, N. Car. — Au¬
thority to determine operating power by direct measurement.

WCBT — J. Winfield Crew, Jr., Roanoke Rapids, N. Car. — Modi¬
fication of construction permit (B3-P-2647) as modified for
a new station, requesting move of studio from East 10th
Street, extended, near Roanoke Rapids, North Carolina, to
251 Roanoke Avenue, Roanoke Rapids, North Carolina.

WC.AX — Burlington Daily News, Inc., Burlington, Vt. — Construc¬
tion permit to install new transmitter, directional antenna
for day and night use, change frequency from 1200 to 620
kc., increase power from 250 watts to 1 KW, and move

* Under NARBA.

February 7, 1941 — 137

transmitter from 203 College St., Burlington, Vt,, to one-
half mile north of Pine Island, Colchester, Vermont.

1210 Kilocycles

KFBC — Frontier Broadcasting Company, Cheyenne, VVyo. — Modi¬
fication of license to change frequency from 1420 to 1210
kc., increase power from 100 watts; 250 watts local sunset,
to 250 watts day and night.

WEDC — Emil Denemark, Inc., Chicago, Ill. — .Authority to deter¬
mine operating power by direct measurement of antenna
power.

KFXM — J. C. Lee and E. W. Lee, Lee Bros. Broadcasting Co.,
San Bernardino. Calif. — License to cover construction per¬
mit (BS-P-3017) for a new transmitter.

KBIZ — J. D. Falvey, Ottumwa, Iowa. — Modification of construc¬
tion permit (B4-P-2499) for a new station, for approval of
vertical antenna, approval of transmitter site, and install a
new transmitter.

1240 Kilocycles

VVSPR — WSPR, Inc., Springfield, Mass. — License to cover con¬
struction permit (Bl-P-2509) for change of frequency, hours
of operation, installation of directional antenna for day and
night use.

WSPR— WSPR, Inc., Springfield, Mass.— Authority to determine
operating power by direct measurement of antenna power.

1250 Kilocycles

NEW— R. B. Terry, D. A. Rawley, Staley A. Cook and Rudy
Fonville, d li as Burlington Broadcasting Co., Burlington,
N. C. — Construction permit for new station on 1250 Uc.,
250 watts, daytime operation. Amended to request 500
w'atts power, new transmitter.

1260 Kilocycles

WTOC — Savannah Broadcasting Co., Savannah, Ga. — Modification
of construction permit (B3-P-2944) for directional antenna
lor night use, requesting extension of commencement and
completion dates from 2-5-41 and 8-5-41 to 4-4-41 and
10-4-41, respectively.

1370 Kilocycles

WISE — Radio Station WISE, Inc., Asheville, N. C. — Modification
of license to change frequency from 1370 to 1200 kc. (1230
kc. under NARBA).

WMAN — Richland, Inc., Mansfield, Ohio. — Authority to determine
operating power by direct method.

WEOA — Evansville on the Air, Inc., Evansville, Ind. — Construc¬
tion permit to move transmitter.

1390 Kilocycles

KABR— .Aberdeen Broadcast Co., .Aberdeen, S. Dak.— Modification
of construction permit (B4-P-2625) as modified for new
equipment, changes in directional antenna, increase in power,
requesting extension of completion date from 2-25-41 to —

1410 Kilocycles

KFJM — Llnivcrsity of North Dakota, Grand Forks, N. Dak. —
Mollification of license to change hours of operation from
unlimited time to specified hours which are from 3 to 5
p. m. daily; and move studio from 324 DeMers Ave., Grand
Forks, N. Dak., to University Campus, Grand F'orks, N. Dak.

NEW — Dalton LeMasurier, Grand Forks, N. Dak. — Construction
permit for a new station on 1410 kc.. Class III-B, 500
watts, 1 KW day, specified hours; facilities of KFJM.

1420 Kilocycles

WWDC — Capital Broadcasting Co., Washington, D. C. — Modifica¬
tion of construction permit (Bl-P-2679) to make changes
in synchronous amplifier equipment and antenna, and ex¬
tend commencement and completion dates from 12-29-40
and 6-29-41 to 30 days after grant and 180 days thereafter,
respectively.

KBPS — Benson Polytechnic School, R. T. Stephens, Agent, Port¬
land, Ore. — .Authority to install automatic frequency control
equipment.

138 — February 7, 1941

WRLC — R. G. LeTourneau, Toccoa, Ga. — Modification of con¬
struction permit (B3-P-2767) for a new station, requesting
authority to install a new transmitter and change type of
antenna.

KATE — Albert Lea Broadcasting Co., Albert Lea, Minn. — Modifi¬
cation of license to change name from Albert Lea Broad¬
casting Company to Albert Lea-.Austin Broadcasting Com¬
pany, Inc.

1450 Kilocycles

KTBS — Tri-State Broadcasting System, Inc., Shreveport, La. —
Construction permit to change frequency from 1450 kc. to
1020 kc. (Class II), change power from 1 KW to 50 KW,
move transmitter, and install directional antenna for night
use. Amended to install a new transmitter, change direc¬
tional antenna for night use, and give transmitter site as
1.0 mile east of Curtis, La.; decrease power from 50 KW
to 5 KW, 10 KW-LS.

1500 Kilocycles

WMRC — Textile Broadcasting Co., Greenville, S. C. — Authority
to transfer control of corporation from R. A. Jolley to
C. Granville Wyche, 1530 shares common stock.

WIGM — George F. Meyer, Medford, Wis. — Modification of con¬
struction permit (B4-P-2S01) for a new station, requesting
extension of commencement date from 1-19-41 to 4-19-41.

1530 Kilocycles

WBRY — .American Republic, Inc., Waterbury, Conn. — Modifica¬
tion of construction permit (Bl-P-2756) as modified for
new transmitter and directional antenna for day and night
use and increase in power, requesting extension of com¬
mencement date from 1-22-41 to 2-22-41.

FM APPLICATIONS

NEW — The .A. S. .Abell Company, Baltimore, Md. — Construction
permit for new high frequency broadcast station. Fre¬
quency, 44300 kc.; coverage, 15,489 square miles; popula¬
tion, 3,308,983. .Amended re change frequency from 44300
to 46300 kc., coverage from 15,489 to 6,040 square miles,
population from 3,308,983 to 1,810,159; install new type
transmitter ; change location of transmitter from Clarks¬
ville, Md., to Baltimore, Md., and give studio location as
Baltimore, Md.

NEW — The Travelers Broadcasting Service Corp., Hartford, Conn.
— Modification of construction permit (Bl-PH-12) for a
new high frequency broadcast station, requesting approval
of transmitter and antenna system and change population
from 4,893,439 to 1,036,400.

NEW — Stromberg-Carlson Telephone Manufacturing Company,
Rochester, N. Y. — Con,struction permit for new high fre¬
quency broadcast station. Frequency, 45100 kc. ; coverage,
2,240 square miles; population, 543,000. .Amended re change
coverage from 2,240 to 3,200 square miles and population
from 543,000 to 584,800.

NEW — Walker & Downing Radio Corp,, Pittsburgh, Penna. — Modi¬
fication of construction permit (B2-PH-24) for a new high
frequency broadcast station, requesting changes in antenna.

NEW — Evansville on the Air, Inc., Evansville, Ind. — Modification
of construction permit (B4-PH-11) for a new high fre¬
quency broadcast station, requesting change in type of
transmitter, and change location of transmitter.

NEW — Courier-Journal and Louisville Times Company, Louisville,
Ky. — Construction permit for new high frequency broadcast
station to be operated on 45706 kc. ; coverage, 13,200 square
miles; population, 1,004,320.

NEW — News Syndicate Co., Inc., New York, N. Y. — Construction
permit for new high frequency broadcast station. Frequency,
44700 kc. : coverage, 8,500 square miles; population, 11,212,-
416. Location: New York.

MISCELLANEOUS APPLICATIONS

WLOY — Loyola University, New Orleans, La. — License to cover
construction permit for new relay broadcast station, frequen¬
cies 1622, 2058, 2150, 2700 kc., power 100 watts, emission
A-3.

WEND — WHP, Incorporated, Harrisburg, Penna. — License to
cover construction permit B2-PRY-228.

FEDERAL TRADE
COMMISSION ACTION

COMPLAINTS

Federal Trade Commission has alleged unfair competi¬
tion against the following firms. The respondents will
be given an opportunity to show cause why cease and
desist orders should not be issued against them.

Beenian’s Laboratory, liir. — Misrepresentation of a medicinal
preparation is alleged in a complaint issued against Beeman's
Laboratory, Incorporated, 70 Central Ave., S. W., Atlanta, Ga.
Other respondents are E. A. Rush and Mrs. J. E. Rush, officers,
and H. C. Allen, director, of the corporation.

The complaint alleges that the respondents advertised that their
preparation “BQR Remedy”, “fights colds”; that it has value as a
cold preventive and that it is a cure or remedy for colds. Accord¬
ing to the complaint, the product is not capable of any curative
action on the underlying factors that cause colds, and has no thera¬
peutic value in the treatment of such conditions in e.xcess of furnish¬
ing temporary relief from some of the symptoms often associated
with colds and of furnishing laxative action. (44,M)

S. IJiiclisbaiini & Co., 243 East Huron St., Chicago, manufac¬
turer of men’s accessories made of “Vinylite”, an organic material
of glass-like appearance, has been charged with misrepresentation.

“Vinylite”, the complaint points out, is a chemically manufac¬
tured plasticized resinous material resembling glass which the re¬
spondent company buys in the form of pliable, semi-elastic sheets,
and converts into products such as suspenders, belts, garters, wrist
watch bands, key chains, raincoats, and other accessories.

The complaint alleges that the respondent disseminates adver¬
tisements stating that its products are made of “Elasti-Glass” (its
trade name for Vinylite), described as “science’s latest miracle”;
that the advertisements picture the transparency of the material,
state it to be elastic in action and further ascribe to it many of the
properties commonly associated with glass, such as durability and
imperviousness to water or moisture.

By means of such advertisements, and otherwise, the respondent,
according to the complaint, represents and implies that its Elasti-
Glass accessories are made of glass, when in fact they contain no
glass. (4450)

H. & L. Candy Company — A complaint has been issued charging
J. C. Helms, trading as H. & L. Candy Company, Marshville, N. C.,
with the use of lottery methods in the sale of candy.

The respondent, according to the complaint, sells to dealers as¬
sortments of candy so packed and assembled as to involve the use
of a lottery scheme when the merchandise is sold to the consuming
public. Push card devices are used, the complaint alleges. (4455)

Preparatory Training Institute, 55 N. Clinton .\ve., Trenton,
N. J., in a complaint is charged with misrepresentation in the sale
of correspondence courses intended to prepare students for civil
service examinations.

The complaint alleges that by means of representations made by
the respondent’s agents, designated as “registrars”, who call upon
prospective pupils, the respondent represents that it has United
States Government positions to offer students; that it is connected
with the government and authorized by the United States Civil
Service Commission to qualify applicants for government jobs; and
that it has advance information concerning the holding of civil serv¬
ice examinations, or information concerning such examinations
which is not readily available to prospective candidates.

According to the complaint, the respondent has no positions to
offer, no connection with the government, and cannot guarantee
positions or appointments of persons passing examinations. The
complaint further charges that the respondent’s representatives are
merely salesmen and that their designation as “registrars” further
tends to mislead prospective students into the belief that they are
Civil Service Commission officials.

The respondent also is charged with misleading prospective stu¬
dents by concealing or failing to reveal pertinent facts regarding
a provision in the respondent’s enrollment contract which has to do
with refund of tuition fees. (4454)

I I'ited Diiitliermy, Iiic., 100 West 42nd St., New York, dis¬
tributor of “United Short Wave Diathermy”, an electrical device
for treating diseases, is charged, in a complaint, with misrepresenta¬
tion in the sale of its product.

In newspaper, radio and other advertising, the complaint alleges,
the respondent corporation represents that its apparatus is a safe
and scientific means for treating and alleviating the pain of rheu¬
matism, arthritis, neuritis, bursitis, lumbago and other ailments,
when used by the unskilled layman in treating self-diagnosed dis¬
eases by self-application in the home, and that its use will have no
ill effects.

.‘\ccording to the complaint, the results claimed will not be ac¬
complished by unskilled, self-application of the respondent’s device
under conditions prescribed in the advertisements or under usual
conditions, and the treatment is not safe but may result in severe
electric burns or other serious injuiry.

The complaint alleges that the respondent’s apparatus is not com¬
petent for treating acute arthritis, neuritis, and bursitis, as distin¬
guished from chronic cases of such disorders.

The complaint further alleges that the respondent has dissemi¬
nated false advertisements through failure to conspicuously reveal
that the apparatus may be safely used only after a competent
medical authority has determined that diathermy is indicated and
prescribed the frequency and amount of application, and a trained
technician has instructed the user in the device’s operation.

In December, 1940, the respondent corporation was restrained
by the United States District Court for the Southern District of
New York from further dissemination of certain advertisements
concerning its device pending issuance of the Commission complaint
and its final disposition under Commission procedure. (4453)

STIPULATIONS

During the past week the Commission has entered
into the following stipulations:

.\W-.-V(lvertisiiig. Inc., 420 Lexington Ave., New York, an
advertising agency,' entered into a stipulation concerning advertise¬
ments of cosmetics which it disseminated in behalf of Rose Helen
Kingstone, trading as The R. H. Laird Company and Rose Laird,
New York. The respondent agency agrees to cease advertising that
“Rose Laird’s Greaseless Lubricant”, “Protective Face Lotion”,
“Overnight Cream”, and “Liquid Facial Soap”, alone or in combi¬
nation, will correct blemishes or other skin ills, or enable one to
acquire or keep a clear skin, or be free from a problem skin, and
that by use of the products, alone or in combination, one will not
have bumpv skin, excess oil, eruptions, coarse pores or blackheads
(02716)

CoiirtlaiK] I). Ferguson, Inc., National Press Building. Wash¬
ington, D. C., an advertising agency, has entered into a stipulation
in which it agrees that in the advertisement of “Kohler Antidote”,
in behalf of Kohler Manufacturing Company, Baltimore, it will
cease and desist from representing that use of this product affords
complete relief from pain ; that it will relieve pain double quick,
lightning fast, or quicker than other similar preparations, and that
it is absolutely safe and has no bad after-effects. (02718)

E. Fncini & Co., Inc., 524 West Broadway, New York, entered
into a stipulation in which it agrees to cease representing that
“Fernet Vittone” is a tonic, unless the representation is expressly
limited to its effect as a gastric tonic; that everyone requires a
tonic, stomachic and digestive; that Fernet Vittone is an effective
remedy for intestinal disturbances or has any effects beyond those
of a laxative, stomachic and gastric tonic, and that “Acqua
Fiuggi” is an effective remedy for gallstones, kidney troubles,
gout, calculus of the bladder, defective blood circulation or ex¬
cessive uric acid. (02721)

Patten Concentrates. Inc., in the sale of “Patten’s Concen¬
trates,” consisting of dehydrated vegetable products some of which
are fortified with vitamins and others with drug laxatives, agrees

February 7, 1941 — 139

to cease representing that it manufactures or produces the products;
that they are chemically or biologically analyzed and assayed at
frequent intervals; that they are “correctives” and have any special
health-giving or remedial value; that “Patten’s Tablets Enriched
with Vitamins A-U-D-G” will maintain a person’s physical fitness;
that its “Parsley-Garlic Tablets” are an effective remedy for high
blood pressure or hardening of the arteries; that the use of “Ultra-
Eleven Vegetable Tablets” is effective for treating anemia, loss of
weight, arthritis and malnutritions, and to discontinue similar repre¬
sentations concerning these and other preparations.

The respondent further stipulates that it will cease disseminating
advertisements which represent or imply that “Patten's Kelp Tab¬
lets” are in all cases safe or harmless ; or which advertisements
fail to reveal that the preparation should not be used by persons
ill of lung diseases, chronic cough, goiter or thyroid diseases, except
upon the advice of a physician ; and which fail to reveal that if a
skin rash appears, use of the preparation should be discontinued.
The stipulation further provides that the advertisement need
contain only a statement that the preparation should be used only
as directed on its label, if and when the label either contains such
a warning or specifically directs attention to a similar warning
in the accompanying labeling. (02720)

I). I>. Smitli & ('<»., Inc., Utica, N. Y., stipulated that it will
cease advertising that “Jim Dandy Rat and Mouse Killer” will
kill moles, gophers and other rodents, except rats, wharf rats and
mice; that it positively stops waste caused by rodents; will rid
homes, barns, poultry houses, wharves, fields, warehouses and
other buildings of rodents. (02722)

Sontlieni Occefing Card ('oin|>aii,>’ — A Mcmirhis and a Chicago
corporation selling greeting cards, have had modified stipulations
accepted in which they agree to cease and desist from certain
representations in the sale of their products. The respondents are:
Southern Greeting Card Company, McCall Building, Memphis,
and John A. Hertel Company, 30S West Adams St., Chicago.

Under the modified stipulations, the respondents agree to cease
advertising "free samples” or making any use of the word “free”
or similar expression in a manner purporting a gift or gratuity
only, where any consideration such as payment of money, render¬
ing of services, or otherwise, is required of the person receiving
articles of merchandise sent in resironse to his request for such free
samples or other gratuity. The respondents further agree to desist
from inducing a customer to order samples or other goods by
deceptively concealing the terms of the transaction.

The original stipulations, executed in May, 1940, have been
rescinded. (2822-2825)

United Service Tniiiiiiig Sehoois — Trading as United Service
Training Schools, Ray W. Davis, 405 Arctic Building, Seattle,
Wash., has entered into a stipulation in which he agrees to cease
and desist from certain representations in the sale of a correspond¬
ence course for assisting students to pass civil service examinations.

Among practices which the respondent agrees to discontinue
are use of the initials U. S. or any initials, words, emblems or
depictions on printed matter to cause the impression that his
school is a government agency or has an official connection with
the United States Civil Service Commission.

The respondent further agrees to cease representing that the
completion of his course is a prerequisite for success in passing
civil service examinations, and that students or graduates of the
course arc assured of civil service appointments or Government
employment. He also agrees to discontinue use of statements
implying that his course was prepared by persons who have
information concerning forthcoming civil service examinations.
(3028)

1'. S. Drug & Sales Company — Edwin L. Leisenring and
Gordon Leisenring, trading as U. S. Drug and Sales Company,
1534 Lawrence St., Denver, Colo., have stipulated that they will
cease representing that their medicinal product “Hex Tabs” con¬
stitutes a competent remedy or treatment for ailments of the
kidneys, bladder, prostate or other glands. The stipulation recites
that, according to reliable medical authority, the use of the re¬
spondents’ product is not indicated as a treatment for the conditions
named. (3030)

\’cgetra(es, liic., in the sale of “Vege-broth”, “Vegetrate BF-1”,
“Vegetrate Formula No. CC-41.i” and 1.1 other similar prepara-

140 — February 7, 1941

tions, agrees to cease representing that modern conditions cannot
assure the full measure of life-sustaining organic minerals in the
food one buys or cooks today; that the “Vegetrate” formulas are
concentrated or contain all the concentrated goodness of nature’s
own vegetables, or of vegetables grown in a specially mineralized
soil ; or that they give added protection to persons having low
resistance. The respondent also agrees to cease advertising that
“Vegetrate ‘Caroa’ Fortified with Vitamin ‘A’ ” is a protection
against infection ; that “Wheat Germ Oil Perles, Standard Potency
Vitamin ‘E’ ”, is essential during pregnancy and is of the highest
available potency, and to discontinue various similar representations
concerning other of its products. (02719)

Ar. Wiiiariek, liic., a corporation, trading as The Herpicide
Co., 805 East 140th St., New York, stipulated to cease represent¬
ing that “Newbro’s Herpicide” w'ill prevent loss of hair or bald¬
ness; assure beautiful or healthy hair; is a cure for or will remedy
dandruff or is positive dandruff germicide or competent dandruff
treatment (unless the representation is limited to temporary re¬
moval of dandruff scales and the mitigation of the symptoms of
itching) ; that Newbro’s Herpicide has been tested and approved
and is recognized as the world’s standard hair tonic; that it will
penetrate pores, stir up sluggish scalp circulation, or cause the
sebaceous glands to function properly, and that its use aids in
overcoming faulty scalp conditions (unless clearly limited to those
particular conditions in which it would be an effective treatment).
The respondent further agrees to cease using the term “Inc.” in
referring to The Herpicide Co. or from otherwise representing that
that concern is itself a corporation. (02717)

Wayne Short Wave Company — Lillian B. Ferentz trading as
Wayne Short-Wave Company, 556 Book Building, Detroit, has
entered into a stipulation in w'hich she agrees to cease certain
representations in the sale of an electrical device designated
“Approved Model Short-Wave Machine”.

The respondent agrees to cease advertising that the device con¬
stitutes a cure or remedy for sciatica, neuritis, lumbago, arthritis,
rheumatism or sinus, and to discontinue representing that it can
be used for any purpose, unless it is clearly indicated that it can¬
not be safely used except under a competent physician’s super¬
vision, and that its use is dangerous in cases of acute inflammatory
processes such as non-draining cellulitis, acute arthritis, and acute
pelvic infection, and under other specified conditions.

Further representations to be discontinued by the respondent,
according to the stipulation, are that the machine produces a
“friendly fever” or that a fever can be created by use of an elec¬
trical short-wave machine; that the device is identical with short¬
wave machines used by medical practitioners and hospitals, or
that the Wayne Short-Wave Company has been in business for a
long time or has, because of mature experience, contributed to the
development of perfection of diathermy machines. (3029)

CEASE AND DESIST ORDERS

Commission has issued the following cease and desist
orders:

National Distributors — A. F. Duverger, trading as National
Distributors, and as Income Audit Service, 3402 Rhode Island Ave.,
Mt. Rainier, Md., has been ordered to cease and desist from
representing that an “Income .'tudit Service” sold by him is re¬
quired under federal law ; that persons failing to buy and use this
service or record keeping system will be subject to arrest and
imprisonment because of such failure, and from other similar
representations.

A so-called free advisory service on federal income tax, social
security and accounting questions, is included in the respondent’s
system for recording business transactions.

Representations concerning the service have been made by the
respondent’s agents to various prospective purchasers, particularly
small business men, including immigrants and poorly educated
persons, according to Commission findings. During a recent year
the service was sold to approximately 3,000 subscribers.

The Commission order further directs the respondent Duverger
and his agents to cease and desist from representing, directly or
by implication, that his agents, salesmen or canvassers are officers
or representatives of, or are connected with the United States

Government or any of its departments; that other income tax
record systems or services must be replaced by the respondent’s
system or service, and that his system or service is produced by
or sold under the direction of the Federal Government or any of
its departments.

The respondent formerly maintained an office at 927 Fifteenth
St., N. W., Washington, D. C. (3616)

Nil-Way Maiuifai tiiriiig ('oinpaiiy — L. B. Patterson, trading
as Nu-Way Manufacturing Company, Des Moines, Iowa, has been
ordered to cease and desist from misrepresentation in the sale of
the “Speed King Water Heater”.

Commission findings are that in advertising for the services of
distributors in various States the respondent made such misleading
representations as “A big money clean-up for agents”, and “Make
up to $20 a day”. In advertising the heater itself, the findings
continue, the respondent represented that although it afforded “the
fastest way known of heating water. Speed King actually saves
users up to 50% on gas and fuel bills too”.

The Commission order directs the respondent to cease making
these representations ; to cease advertising that the heater boils
water instantly, or in 60 seconds, or in any other specified time,
unless the quantity of water that may be boiled in the time speci¬
fied is conspicuously set forth, and to cease representing that the
heater does the work of a $50 heater or of a heater costing 40 to
50 times as much as the respondent’s product.

Pictorial or other representations indicating that the respondent’s
heater has been approved or tested by “Underwriters Laboratories”,
or a similar organization, are prohibited, when contrary to the
facts, and the order further provides that when only part of the
product has been so approved or tested, that circumstances must
be clearly indicated.

The Commission order also prohibits misrepresentation of the
possible earnings of salesmen selling the respondent’s heater ; mis¬
use of the word “free” to refer to products delivered for a con¬
sideration either in money or services, and misrepresentation as to
prices. (3852)

Robinson Clay Products Company — An order has been issued
directing The Robinson Clay Products Company of New York,
New York City, and Russell L. Pinkley and Urban G. Weckesser,
trading as Empire Clay Products Company, Rochester, N. Y.,
distributors, and 27 dealers selling in the Rochester area, to cease
and desist from a combination and conspiracy to restrain competi¬
tion by fixing and maintaining uniform prices for building mate¬
rials, including vitrified pipe.

The respondent dealers, handling the bulk of the trade in vitrified
pipe and other building materials in the Rochester area, are:
American Clay & Cement Corporation ; Nazareth L. Montalbine
and George E. Hartman, trading as Barnard Service & Supply Co.;
Comae Builders’ Supply Corp.; Domine Builders Supply Co., Inc.;
John G. Bianchi, trading as Flower City Builders’ Supply Com¬
pany; Goodstone Manufacturing Co., Inc.; H. D. Grey Corpora¬
tion; Hutchison-Rathbun, Inc.; Keystone Builders Supply Com¬
pany, Inc.; Mann Builders Supply Co., Inc.; Leslie E Fields and
Lena Matthews, trading as Matthews & Fields; Ardean R. Miller,
Inc.; Monroe Block Co., Inc.; William Heydweiller, trading as
Peoples Coal & Lumber Co.; George Rappl and George Hoenig,
trading as Rappl & Hoenig Co.; Rochester Lime & Cement Cor¬
poration; Rochester Lumber Company; Schaeffer Brothers Builders
Supply Co., Inc.; Stonewood Builders Supply, Inc.; Theodore H.
Swan Brick & Tile Co., Inc.; Van de Visse & Kildea Lumber Co.,
Inc.; Joseph L. Weckesser, and Whitmore-Rauber & Vicinus, all
of Rochester, and R. B. Mason, trading as Russell B. Mason Com¬
pany, Webster, N. Y. ; Sinamus & Beck, Inc., Fairport, N Y.;
Pittsford Lumber Co., Inc., and Schreib & Watson, Inc., both of
Pittsford, N. Y.

The Commission order directs The Robinson Clay Product Com¬
pany of New York, Russell L. Pinkley and Urban G. Weckesser,
trading as Empire Clay Products Co., and the 27 building material
dealers to cease and desist from carrying out their agreement or
conspiracy, and to discontinue, as a part of that agreement, the
maintenance of uniform or minimum delivered prices, terms, dis¬
counts and conditions of sale. The respondents are further directed
to cease inducing or coercinc industry members to raise the prices
quoted by them to the uniform or minimum amounts resulting
from the respondents’ agreement, and to desist from holding meet¬
ings among themselves or with any organization or association
created by them, to devise methods of exerting influence, pressure
or other means of inducing building material dealers to fix, estab¬
lish, maintain or publish prices for building materials, including

vitrified pipe, or abide by any uniform price list resulting from
the respondents’ understanding, agreement or conspiracy.

The Commission dismissed the complaint in this proceeding as to
Frank A. Seiser, deceased, who formerly traded under the name
Acme Builders’ Supply Co., Rochester, and as to the Britton Stone
& Supply Corporation, Rochester, which had entered bankruptcy
proceedings.

The Commission found no evidence in the record to support the
allegations of the complaint with respect to The Robinson Clay
Product Company, .Akron, Ohio, parent company of the respondent
The Robinson Clay Product Company of New York; Universal
Sewer Pipe Corporation, Cleveland; Rochester Builders Supply
Association and Edwin C. Kaelber, its secretary; Gaetano Della
Pietra, and The Irondequoit Coal and Supply Company, Rochester
building supply dealers, and closed its case against them without
prejudice to its right to resume proceedings as to them, should the
facts warrant. (4034)

ScienHIic Manufactiiriiig ('ompaiiy, 426 Prescott Ave.,

Scranton, Pa., and Howard J. Force, its president, have been
ordered to cease and desist from making misleading representations
in the sale of pamphlets entitled “Poisons Formed bv Aluminum
Cooking Utensils” and “.Are You Heading for ‘The Last Round-
Up’?”

Devoted to the alleged dangers of using aluminum cooking and
storage utensils, the pamphlets, according to Commission findings,
have been sold to the public and to manufacturers, distributors and
salesmen of utensils made of materials other than aluminum.

Finding that extensive scientific investigations have failed to
disclose evidence that food prepared or stored in aluminum utensils
is unsafe, deleterious, disease producing, poisonous or otherwise
dangerous to health, as represented by the respondents, the Com¬
mission ordered the respondents to cease and desist from making
representations of that character and from any unfair disparage¬
ment of aluminum utensils. (3874)

Shapiro Felt Rug Coiupany, also trading as Esta Hat Com¬
pany, Newark, N. J., and William Shapiro, Morris Shapiro, and
Sarah Shapiro, its officers, have been ordered to cease and desist
from representing that hats or caps made either whollv or partly
from old, used or second-hand materials are new or are composed
of new materials.

Commission findings are that the respondents buy old, worn and
previously used felt hat bodies which they clean, steam, iron and
shape into novelty hats and caps. In some instances they are
fitted with new trimmings, sweat bands, and size labels. The hats
and caps have the appearance of new ones and are sold to dealers,
the findings continue, without labels or stamped markings to
indicate to the public that they are made from old, worn and
previously used hat bodies.

The order further directs the respondents to stamp on the sweat
bands in conspicuous and legible terms which cannot be removed
or obliterated without mutilating the sweat bands, a statement
that the products are composed of second-hand or used materials.
The order provides that if sweat bands are not affixed to such
hats or caps, then such stamping must appear on the body of
the hats or cans in conspicuous and legible terms which cannot be
removed or obliterated without mutilating the bodies. (2647)

University Press — J. Herbert Blackhurst, Des Moines, Iowa,
a dealer in classroom books and other printed matter, who formerly
traded under the name “LIniversity Press,” has been ordered to
cease and desist from using the word “University” in his trade
or corporate name and to discontinue representing in any manner
that his business is owned, conducted or supervised by a university
or other institution of higher learning. Commission findings are
that the respondent discontinued use of the name University Press
on October 31, 1940, a short time prior to issuance of the Com¬
mission’s complaint in this proceeding, and that since that time
he has operated by means of a corporation designated “Blackhurst
Book Sales, Inc.” (4375)

Voiinegut Hardware Coiupany, 120 East Washington St.,
Indianapolis, as manufacturer of self-releasing fire exit devices,
has been ordered to cease and desist from price discriminations
in violation of the Robinson-Patman Act.

Commission findings are that the respondent has sold “Von
Duprin Panic Devices” of like grade and quality to some purchasers
at lower prices than to others. The discrimination, according
to findings, is accomplished by granting to some purchasers a 40

February 7, 1941 — 141

Page

per cent discount from the uniform list price, while at the same
time allowing a similar 50 per cent discount to other purchasers
competitively engaged with the group receiving the 40 per cent
discount.

Commission findings are further that no justification has been
affirmatively shown or is claimed by the respondent for the differ¬
ential in prices charged competing purchasers.

The Commission order prohibits these discriminations. (4344)

Wallace Brown, Inc., 225 Fifth Ave., New York, greeting card
distributor, has been ordered to cease and desist from using the
words “free” or “free sample” to advertise merchandise which is
not delivered without cost and unconditionally.

Commission findings are that the respondent sought agents for
marketing its cards by advertising a “free sample” offer in connec¬
tion with its “Golden Value” 21-card assortment. Persons answer¬
ing the advertisements and requesting samples, the findings continue,
received printed matter illustrating cards and assortments, and a
complete and salable card assortment “on approval” which, accord¬
ing to an accompanying notice, was to be paid for in cash or
selling services or returned to the respondent. Such an assortment,
according to Commission findings, was not “free” or a “free sample,”
since it was not delivered without cost or unconditionally. (4312)

January Index

Page

Broadcast Advertising Unit Report — October 1940 61

Broadcast Music, Inc. . 1-27-46-77-95

Adds 246 Originals 47

Band Leaders Have No Complaint . 78

Board Meets . 46

Change of Heart 79

Coin Operators Support BMI . 99

Consent Decree . 95

Feature Tunes . 2-27-46-77-99

Hooper Survey 27

Joint Meeting of NAB Executive Committee,

BMI Board of Directors, IRNA Executive
Committee 27

Justice Department Steps In 1

Kassel Resents ASCAP Tactics 46

Now Clearing for 111 Publishers 78

Paine’s Statement Before House Patents Com¬
mittee . 79

Rock Bottom Issue 98

Support from Canada 79

They Like Old Tunes 46

What Is ASCAP’s Policy? 78

Wire to Subscribers on Copyright Infringement 3

Copyright — Tacoma Decision 3

Code Committee to Meet 79

Engineering 8-82-100

Frequency Reallocation 82

National Television Systems Committee Report 101

Ohio State Conference 8-82

Television Demonstration 100

Federal Communications Commission 9-33-49-83-105
Annual Report 9

Appropriation 10-105

Defense Fund 34

Duties 10

Engineering Conference 50

FM Station List 51

Financial Questionnaire 9

Fly Discusses Monopoly Report 49

Filing Information at FCC 50

Form 324 Approved 51

International Broadcast Stations 85

License Revocations 85

Miller Elected Chairman of Defense Committee 33

M ore “FM” Grants 51

New Assistant to Chairman 50

Rule Amended 50

Section 3.92 of Rules Susoended 106

Technical Requirements Waived 106

142 — February 7, 1941

Federal Communications Commission — Continued

Television Report . 85

Television Report Speeds Formal Hearing . 106

Unlicensed Operator Caught . 85

Waiver of Sections 3.241 and 3.245 of FM Rules 107

WMCA Decision . 34

Yankee Network License Renewal . 84

Federal Trade Commission . 11

March Heads FTC . 11

Report to Congress on Advertising . 11

Frequency Modulation . 51-106

FM Station List . 51

More “FM” Grants . 51

Technical Requirements Waived . 106

Waiver of Sections 3.241 and 3.245 of FM Rules 107

Labor 5-33-81

Networks, A. F. of M. Make Contracts . 81

Overtime Pre-Payment . 5

Written Contracts . 33

Legal 103

Administrative Procedure . 103

Legislative . 13-31-49-105

Colorado “Anti-ASCAP” Bill . 32

Federal Legislature . 32-49-83-105

House Bills — 76th Congress . 14

House Joint Resolutions— 76th Congress . 16

House Resolutions — 76th Congress . 16

Johnson Bill . 83

New Mexico Legislation . 49

Radio Legislation Slate Clean as Congress

Adjourns . 13

Senate Bills — 76th Congress . 13

Senate Resolutions — 76th Congress . 14

State Legislation . 32-49-83-105

State Legislation Representatives . 32

Tobey Asks Investigation . 31

Voorhis Bill . 6

nab . 7-29-45-47-79

Associate Membership Campaign . 7-30

Code Committee to Meet . 79

Convention . 45

District Meetings . 29-47-80-102

Henry Resigns . 30

Kirby to War Department . 30

New York Tax Committee . 8

Peabody Awards . 31-80

Research Committee . 47

State Legislation Representatives . 32

1941 Dues Classification . 48

1941 Reports Binders . 80

National Defense . 31-48

Defense Jobs . 48

Defense Vocational Training . 48

Radio Fills 200,000 Jobs . 31

Newsome, Gilbert . 103

Outlook for Radio . 9

Promotion . 7-31-48

Future Sports Show . 8

Long Distance Remotes . 48

Peabody Awards . 31

Promotion for Children . 49

WOW Claims Remote Record . 31

50,100,000 Radio Sets . 7

Sales 6-28-48-82

NAB Recommends New Station Facilities Con¬
tract , . 28

NRDGA Associate Membership . 6

Paul Peter Addresses Marketing Association 6

Sales Managers Steering Committee . 48

Sales Promotion Calendar . 29

Standard Contract Form . 48

Station Facilities Contract . 100

Trade Study on Laundries . 82

Voorhis Bill . 6

Television 85-100-106

FCC Television Report 85

National Television Systems Committee Report 101
Television Demonstration 100

Television Report Speeds Formal Hearing 106

1626 K STREET, N. W.

WASHINGTON, D. C.

Vol. 9, No. 7, February 14, 1941

THE WEEK IN WASHINGTON

Senator Wheeler (D. IMont.), chairman of the Inter¬
state Commerce Committee, alleged this week that net¬
work commentators were “editorializing” and started an
investigation, (p. 143)

\ complete program of BiMI music is to be presented
at Town Hall in New York, March 13. Sales of BMI
records and sheet music continue to show the importance
of radio as a means of making music popular, (p. 143)

The NAB convention Housing Committee is ready for
business, (p. 145)

A proposed form to be used in obtaining the War
Department’s permission for commercial programs from
Army posts is included in this issue, (p. 145)

Establishment of the Clear Channel Broadcasting
Service with an office in Washington, D. C., was an¬
nounced by Edwin W. Craig, WSM. (p. 146)

The entire industry is cooperating with NAB’s “movin’
day” promotion, (p. 147)

James Lawrence Fly, Chairman of the FCC, and Joseph
L. Miller, NAB Labor Relations Director, were among
the speakers at a luncheon given by the American Civil
Liberties Union, (p. 147)

Mr. Fly told a press conference that the FCC had
begun the study of its “monopoly” report, (p. 150)

Wheeler Questions Networks
About Commentators

Senator Burton K. Wheeler (D. IMont.), chairman of
the Interstate Commerce Committee, addressed the fol¬
lowing self-explanatory letter this week to the Mutual
Broadcasting System:

February 12, 1941

Mr, Fred Webber
General Manager
Mutual Broadcasting Co.

1440 Broadway
New York, N. Y.

My dear Mr. Webber: —

\ few days ago I called in Mr. Butcher and Mr. Russell repre¬
senting the Columbia and National Broadcasting Companies re¬

spectively, and asked them to furnish me with a list of the com¬
mentators over their stations, together with the names of their
sponsors, and if the sponsor is a corporation, to give me the name
of the President of the Company, and the members of the Board
of Directors.

You will recall that just recently the Federal Communications
Commission reprimanded a station in Boston for editorializing
the news. In checking up on your commentators, I find that on
the war issue particularly they have been not only editorializing,
but in many instances propagandizing.

I would like very much to have you send me a copy of the
script of your commentators during the past year. Complaints of
propaganda by the radio, by some of the newspapers, by many
columnists, and the motion picture industry, have become so
numerous that official notice must be taken of them.

When we passed the Communications Act we tried to w'rite
into that legislation provisions w’hich would require all broad¬
casting chains and stations to give equal time to both sides of
every public question. While the originating stations of the chain
have generally given equal time to individual speakers on the
more important public issues, I question whether or not their
affiliates have done so, and sponsored new-s commentators on the
chains have been quite one-sided on the great issue that is pend¬
ing before the country at the present time, namely, the lend-lease
bill, and the question of our own neutrality.

If we are to preserve Democracy in the United States it is ab¬
solutely necessary on fundamental issues, such as granting dicta¬
torial powers to the President, and the question of Peace or War,
that the people should be fully and impartially advised. The only
way that Hitler, or Stalin or Mussolini are able to keep their
people in subjection is because of controlled press, radio and
motion pictures.

Respectfully,

(Signed) B. K. Wheeler,

BKW*m

BMI

BMI CONCERT

A complete program of BMI music is to be presented
by Otto Cesana and his orchestra at the Town Hall in
New York on the evening of March 13,

This occasion may well make history not only for
BMI but for the whole field of American music. The
famous evening when Paul \Yhiteman first appeared on
the concert stage stands in retrospect as the opening of

(Continued on page 144)

February 14, 1941 — 143

Neville Miller, President C. E. Arney, Jr., Assistant to President

Edward M. Kirby, Director of Public Relations; Joseph L. Miller,
Director of Labor Relations ; Paul F. Peter, Director of Research;
Russell P. Place, Counsel; Lynne C. Smeby, Director of Engineering

BMI

(Continued from page 143)

a new chapter in the story of American music. It was at
that time that critics began to recognize the real musical
importance of jazz as the American idiom. The so-called
“serious” comiiosers have become increasingly concerned
with the development of the characteristic American
musical speech. The young composers now make con¬
stant use of the expression “symphonic jazz.” The
borderline between "popular” music and “serious” is
becoming blurred and shows signs of fading out. Those
terms are losing their meaning. The emphasis is falling
rather on the fact that we are producing music which is
as American as hot dogs and chewing gum. Whether
it be called jazz or swing is no longer important, but
only the fact that it is characteristically American music.

Otto Cesana is well known as teacher, composer, and
conductor. The direction of his musical interest is sug¬
gested by the title of the final number on his program for
INIarch 13, Symphony in Swing.

It is very significant that he should present a full
program of music in the .American idiom for a concert
hall audience.

It is also very significant that every number on the
program should be drawn from the BAII catalogue.

MORE CATALOGUES ACQUIRED

BMI has completed a contract for the licensing of the
music controlled by the Society of Jewish Composers,
Publishers and Songwriters. Some stations already have
a license from this Society and in such cases adjustment
of fees will be made.

BMI has also accjuired the performance rights in the
catalogue of band music controlled by Jean Missud of
Salem, Massachusetts. This catalogue has about fifty
well known and useful band numbers. Mr. Missud is an
almost legendary figure in the band world. He is now
eighty-nine years old and still rehearses regularly every
'I'uesday evening.

BMI has also completed the contract for the catalogue
of the Majestic Music Corporation which is managed by
Arthur Shilkret, son of the famous bandleader, Nat
Shilkret.

BMI FEATURE TUNES
February 17-24

1. HIGH ON A WINDY HILL

2. YOU WALK BY

3. HERE’S MY HEART

4. BUGLE WOOGIE

5. IT ALL COMES BACK TO ME NOW

6. MAY I NEVER LOVE AGAIN

7. I CAN’T REMEMBER TO FORGET

8. WISE OLD OWL

9. ACCIDENT’LY ON PURPOSE

10. KEEP AN EYE ON YOUR HEART

11. BECAUSE OF YOU

12. ALL I DESIRE

13. WALKIN’ BY THE RIVER

14. LET’S DREAM THIS ONE OUT

15. LITTLE SLEEPYHEAD

16. ANYWHERE

17. BREAKFAST FOR TWO

18. I LOOK AT YOU

19. SHADOWS IN THE NIGHT

20. A STONE’S THROW FROM HEAVEN

The records of sales of sheet music and phonograph
records and of play on the coin phonographs continue to
establish conclusively the prime importance of radio as
a medium of popularizing music. 12 of the 15 sheet
music best sellers, 8 of the 10 best selling records, and
5 of the 10 coin phonograph leaders are licensed through
BMI. These numbers include 9 BMI publications, 2
of Southern Music, and 1 from Marks.

Nevertheless there are clear indications that the BMI
music wins and holds the public favor by its merit.
The radio Daily for February 10th carries the follow¬
ing significant item:

Philadelphia — .Although WDAS, here, has both BMI and ASCAP
contracts and performers have been flocking to the station in
order to be able to present any music, 85 per cent of the numbers
played by the station are from non-ASCAP catalogues. Station’s
musical fare is built on popular requests of the public.

KATE SMITH FEATURES “WE’RE ALL
AMERICANS”

Kate Smith, one of America’s best loved singers, has
made a new record of We’re All Americans, the patriotic
march song written by Jim Mangan, Merchandizing and
Advertising Director of the Mills Novelty Company,
which is licensed through BMI. It is understood that
Miss Smith plans also to make the use of this song a
feature of her weekly broadcasts on Friday evenings.

BMI WINS IN MARATHON PROGRAMS

Station WIP of Philadelphia challenges the claim of
KTRH of Houston, Texas for the longest commercial
program on the air, but announces similar results from the

144 — February 14, 1941

use of BMI music. After receiving the reprint of the
letter from KTRH which was recently mailed out, Murray
Arnold, WIP’s Program Director wrote Mr. Tompkins
that WIP has an all-night program called The Dawn
Patrol, sponsored by the Pep Boys (Auto Accessories),
devoted entirely to music and running for 5^ hours.
“Since the first of the year,” writes Mr. Arnold, “our
telegram and mail response on this program has been
slightly over average, which to me is a very fine indication
of what our listeners think of BMI music.”

HISTORY REPEATS ITSELF— TO MUSIC
The list of numbers suitable for special Washington’s
Birthday programs recently sent out to BiMI member
stations included the new BMI arrangement of an Old
English song. Heart oj Oak. This number was written
by the English composer Boyce in 1710 during the so-
called War of the Spanish Succession when Louis XIV
of Erance was trying to establish the Bourbon dynasty
to the Spanish throne. England had, not long before,
ousted the autocratic James II, who lied to the French
Court. Louis XIV, who was in some respects the Hitler
of his time, found his way blocked by the military genius
of the English general, John Churchill, Duke of Marl¬
borough, direct ancestor of the present Prime Minister.
There was then, as now, the threat of an invasion of
England from the military power which was dominating
the continent of Europe. The second stanza of Heart
of Oak, now issued in its new BMI arrangement, may
stand as well today as in the circumstances for which
it was written more than 230 years ago:

They swear they'll invade us, these terrible foes.

They frighten our women, our children, and beaus;

But, should their flat bottoms in darkness get o’er,

Still Britons they’ll find to receive them on shore.

NAB

HOUSING COMMITTEE READY

The Housing Committee for the assignment of reser¬
vations at NAB’s X'ineteenth Annual Convention to be
held at the Jefferson Hotel, St. Louis, Missouri, May 12
to 15, inclusive, has perfected its plans and is ready for
business.

Chairman Ray Dady, KWK, and his committee con¬
sisting of Rev. W. A. Burk, WEW ; Arthur Casey, KMOX;
Frank Eschen, KSD; and Elzey Roberts, KXOK, have
perfected plans which assure an orderly and efficient
handling of all requests for reservations. We cannot urge
too strongly upon broadcasters the wisdom of early atten¬
tion to their hotel requirements at St. Louis.

The convention city is unusually well equipped to
care for the varying requirements of broadcasters but

there are other events scheduled in St. Louis simulta¬
neously with ours and we sincerely hope that broadcasters
will get their reservations in early in order to insure them¬
selves proper accommodations.

All requests should be addressed direct to the hotel at
which accommodations are desired. They will then be
referred to the Housing Committee for final attention.
Other matters connected with the convention are being
ably handled, by the various committees appointed by
Tenth District Director John J. Gillin, Jr.

PROMOTIONAL EXHIBITS

Howard O. Peterson, WOW, Convention chairman of
the committee to assemble and stage the e.xhibit of station
promotional material and his committee consisting of
Chick Allison, WLW; J. Soulard Johnson, KiMOX; and
Robert Sampson, KWK, have perfected an effective plan.
The outline of this plan will be sent to all NAB member
stations within a short time after you receive this weeks
Reports. W urge your cooperation and immediate at¬
tention.

DISTRICT 13 MEETING

A meeting of the NAB stations in the Thirteenth Dis¬
trict (Texas) is scheduled for February 28, in San Antonio,
at the Gunter Plotel beginning at 10 a.m. A staff repre¬
sentative of NAB will attend to discuss industry problems
and Association activities, and Carl Haverlin of BMI will
bring the Texas broadcasters up to date on music develop¬
ments. Election of a District Director for the ensuing
two-year term will be another important item of business.

REALLOCATION ERRORS

Reallocation frequency list carried in February 7 NAB
Reports listed the wrong call letters for three stations.
On page 1 19 the call letter of Newburgh, New York should
be WGNY instead of WHNY and on page 124 the call
letter of Tyler, Texas should be KGKB instead of KGXB.
The call letter of iModesto, California should be KTBR
instead of KTRD.

PROGRAMS FROM ARMY POSTS

In a previous issue of the Reports advice was given
to broadcasters that in arranging sustaining programs at
Army camps, permission may be secured from the com¬
manding officer of the post involved. The War Depart¬
ment has now provided information respecting the method
of clearance of commercial programs originating at Army
camps or posts.

A suggested form which is published herewith in full
has been prepared for the use of any station or network
desiring to secure permission to originate commercially
sponsored broadcasts. This form should be prepared in

February 14, 1941 — 145

triplicate and sent direct to the Public Relations Director
of the War Department at Washington, D. C. His address
is 2012 Munitions Building.

This form has not been printed or mimeographed but
those desiring to make requests are asked to follow it
closely. The War Department states that it does not
desire to burden stations with a multiplicity of question¬
naires but is anxious that station and network requests
for the origination of commercially sponsored programs be
submitted as indicated.

NAB is cooperating with the War Department and
other national defense agencies and seeking to make
radio’s part effective. Broadcasters are, therefore, urged
to follow the procedure outlined, namely: On sustaining
programs, make request directly of the commanding officer
of the post involved; on commercial programs, send the
request in triplicate to the address above given in the
following form:

(To be sent in triplicate)

. , 1941.

Subjfxt; Request for commercial radio broadcast from military
reservation.

To: The Director, Bureau of Public Relations, Room 2012,

Munitions Bldg., War Dept., Washington, D. C.

1. Station . located in .

(City)

FCC License in name of . requests

authority to originate a commercially sponsored broadcast (by

wire or transcription) from . _ .

(Name of Camp, Post or Station)

2. The following essential data is submitted for your infor¬

mation;

Date of program or schedule .

Length and time of program .

Name of sponsor .

Product to be advertised .

What is the general nature or type of the program? (Give
brief outline of the entire program) — musical? talking? etc.

Do you contemplate using Army talent? If so, of what
nature ?

If you plan on using any particular individual officially
connected with the Army on the program, state whom
vou desire and the nature of his appearance.

Where do you desire to install microphones? Give definite
location. If a building, at what actual location in the
building?

What line or circuit facilities will be required ? ( 1 ) .

.Actual time wires to be in use, From ... To .

Is program to be transcribed? . .

If so, is it planned to use the transcription on other stations?

,L It is understood that the program must be produced with¬
out expense to the Government and will not interfere with
the normal training of the troops at the point of origin.
It is also understood that the program must meet with the
approval of the Commanding Officer of the Army post
concerned.

4. It is further understood that the following must be an¬
nounced at the opening and close of the broadcast:

“The presentation of this program from Fort .

(name of the Fort or Camp) does not constitute an
indorsement by the War Department or its personnel of
the product advertised, the origination of the broadcast
from this station being made solely for the entertainment
of the military personnel serving at this post.”

5. The text of the proposed commercial copy to be used in
this program — opening — middle — close — it attached.

Give name of your representative in charge of program.

(Name)

(Official Status)

Note: To be signed by an officer of the corporation in which
the name of the station license is held. If individually owned, to
be signed by the individual.

CLEAR-CHANNEL STATIONS OPEN
WASHINGTON OFFICE

Establishment of the Clear Channel Broadcasting Serv¬
ice with office in Washington, D. C., was announced by
Edwin W. Craig, Nashville, Tenn., chairman of a com¬
mittee composed of independently owned radio stations
throughout the country.

The service, Craig explained, is intended to familiarize
American radio listeners with the importance of preserv¬
ing “clear channel” broadcasting primarily as a domestic
service, but also in line with the North American Regional
Broadcasting Agreement which goes into effect March 29,
1941.

The Washington office will be headed by 'Victor Sholis,
who recently resigned as Special Assistant to the Secre¬
tary of Commerce.

Clear channel stations are those broadcasting with a
power of 50 kilowatts on a wave length not shared by
any other radio station at night. “Since 81.7 percent of
the United States is solely dependent upon clear channel
broadcasts for radio reception at night,” said Craig, who
is Vice President of WSM, Nashville, Tenn., “the impor¬
tance of this type of station is obvious. Without these
stations, all the residents of this tremendous portion of
our country would be living in a radio ‘blackout.’

“Under the treaty entered into by the United States,
Canada, Mexico and Cuba, however, the principle of
clear channels assumes additional importance. The United
States has been assigned exclusive use of 25 such channels
in this agreement. ETnless these channels are used as
prescribed in the treaty — only one station at night to a
channel — the United States loses its priority on the chan¬
nel. Our neighboring countries would then be entitled
to set up stations on these channels.

“This would mean that many American radio listeners
would be denied the chance to hear broadcasts at night.
It is our hope that our service will acquaint the millions
of American radio listeners with the stake they have in
preservation of clear channel broadcasting,’’ added Craig.

146 — February 14, 1941

Radio Movin’ Day

The NAB broadside on Radio Movin’ Day, March 29,
will be mailed to all stations tomorrow, February 15.
The two big jobs ahead are: ( 1 ) education of the public;
and, equally important, (2) education of servicemen and
dealers.

March 10 is suggested as the approximate date for
bringing the reallocation story to the public. Right now
is the time to set the stage for the public campaign of
education and promotion and to line up the servicemen
for a Radio Rally.

RADIO RALLY IN CHICAGO

On behalf of Chicago broadcasters, Don E. Kelley, of
WLS, wired today that there would be a giant Radio
Rally of the servicemen and the trade early in March.

CHARLESTON RALLY

Charleston, S. C., Radio Rally will be held February
18, according to John M. Rivers, president, WCSC.

UTILITY STUFFERS

In Janesville customers of the Wisconsin Power & Light
Company will receive Movin’ Day staffers in their bills.
This was arranged by James F. Kyler, general manager,
station WCLO.

Furthermore, wrote Mr. Kyler, Les Hayes of the power
company asserted that the company will “be more than
glad to cooperate in every manner possible.”

IN LOUISVILLE

Though the Louisville Gas & Electric Company collects
all of its accounts by solicitors, it will cooperate with
Louisville stations by devoting a large space in the Louis¬
ville Courier-Journal to Movin’ Day. Advertising Manager
Green’s decision was reported by Steve Cisler, manager,
WGRC.

IN COLUMBIA

In Columbia, S. C., G. Richard Shafto, manager, WIS,
“has obtained agreement of the South Carolina Electric
and Gas Company whereby the power company will mail
a list of the new frequency assignments within the state
of South Carolina to all consumers. This will be con¬
tained in the regular monthly statements for service.”

IN JAMESTOWN

Simon Goldman, manager, WJTN, Jamestown, N. Y.,
reports that the local servicemen are anxious to cooperate
all along the line.

IN BOSTON

Boston members of RS.\ are conducting classes
for members demonstrating every available type of me¬

chanical tuning so that on and after March 29 Boston
push buttons may be setup with dispatch.

IN WEST PALM BEACH

In West Palm Beach, Florida, city officials, county
officials, the school system. Red Cross, Unified Drive and
Girl Scouts have volunteered to help Steve Willis, general
manager, WJNO, spread the news of the station’s new
dial location. The Boy Scouts volunteered to distribute
notices house to house. The County Ministerial Associa¬
tions are considering the observance of March 30 as
“WJNO Day.”

OVER NBC BLUE

Dr. O. H. Caldwell, editor, RADIO TODAY and
former radio commissioner, will discuss reallocation on his
broadcasts over WJZ and the Blue Network on Fridays
at 7:15 p.m. The subject will occupy all of Dr. Cald¬
well’s radio talks beginning February 21 straight through
to and including Friday, March 28.

AT WBIG

IMajor Edney Ridge of WBIG, Greensboro, N. C., has
begun to plug Movin’ Day in his weekly printed, advance
program schedule. That for February 18 contained a
three column box, four inches deep.

Other utilities which have pledged cooperation were
reported to members in the bulletin of January 31.

YOCUM HITS FREE OFFER

Ed Yocum, KGHL, Billings, Montana, recently re¬
ceived a form letter from the MacFadden Publications,
offering “without a penny of cost to your station,” dra¬
matic script, “This Is My True Story” and another “True
Detective Mystery.” Both were for a half hour. On
receipt of this free offer Mr. Yocum made a counter offer,
knowledge of which we believe will be advantageous to
all stations. Here is what he wrote:

“We have available for you, without a penny of cost to your
editorial department, a series of success stories by advertisers who
have used this station. If and when, MacFadden Publications
care to carry this material, we will be happy to carry the also
gratis advertising suggested in your letter of January 31st.”

The letter was addressed to George B. Davis, Sales
manager, MacFadden Publications, Inc., Bartholomew
Building, 205 East 42nd Street, New York City.

FLY AND JOSEPH MILLER ADDRESS
CIVIL LIBERTIES UNION

James Lawrence Fly, chairman of the FCC, and Joseph
L. Miller, NAB labor relations director, were among the
speakers February 12 at the Lincoln's Birthday Luncheon
of the American Civil Liberties Union in New York.
Their talks:

Mr. Fly-

How can radio broadcasting best function as an instrument of
democracy? The Federal Communications Commission receives

February 14, 1941 — 147

scores of suggestions each month on this subject. Let me describe
a few of them.

One type of suggestion involves keeping something or other off
the air. Thus a Georgia resident, in the interest of democracy,
wants to ban all news from Germany. A New Jersey man wants
to ban all news. A citizen of the Bron.\ believes that the majority
should rule, and that any opinion not approved by a majority of
Americans should be prohibited.

A woman from Pennsylvania, however, has brought forward
the most far-reaching suggestion. She wants the Federal Com¬
munications Commission, until peace returns to this war-torn
world of ours, to shut down broadcasting stations altogether.

The Commission usually replies to such suggestions that under
the Communications Act it has no power of censorship. It is
specifically forbidden to interfere with free speech. But the ex¬
ponents of censorship deserve a more convincing answer — in
short, that democracy and censorship are incompatible.

Democracy, which is another name for self-government, can
work if and only if citizens have adequate knowledge of the issues
which confront them, and make their decisions in the light of that
knowledge. If we are cut off from sources of news or from well-
rounded discussions of public issues, our ability to govern our¬
selves is impaired, and we end up by letting others govern us.

The function of distinguishing truth from error and right from
wrong resides and should reside, not at the transmitting, but at
the receiving end of our radio system. It belongs to the millions
who listen, not to the few who broadcast. Depriving radio
listeners of their right to decide for themselves strikes at the very
roots of democracy and self-government. Banning free discussion
on the air, far from making radio an instrument of democracy,
robs listening millions of their democratic birthright.

As against those who urge that we ban various programs,
others suggest to the Commission that we require stations to
broadcast one program or another. There are in the United
States literally thousands of special interest groups, each with a
liarticular cause to plead, and each seeking radio time in which
to plead it.

Radio stations are in duty bound to meet these requests as
fully as the public interest requires. But to meet all requests for
broadcasting facilities, at least one law would have to be repealed —
not a man-made law, but a law of nature. This law decrees
that the number of broadcasting stations is limited by the number
of channels available. Every man can have his day in court, but
unfortunately every man cannot have his hour on the air. So
long as there is room for only a limited number of programs,
some people who w'ant to broadcast w'ill not be accorded that
privilege by the broadcasters.

This is not government censorship. It is the necessary exercise
of a discretion by the broadcaster. It is, in fact, physics, engi¬
neering, and common sense.

Because the way in which programs are selected is wddely mis¬
understood, I want to describe it briefly. Primary responsibility
for selecting some programs and rejecting others rests with radio
station managements. From the thousands of would-be programs
battling for time on the air, stations and netw'orks are expected
to select those which w'ill, in their opinion, best serve the public
interest.

To guide them, the radio stations have a set of rules w'hich
they have themselves drawm up, the Code of the National Asso¬
ciation of Broadcasters. This code provides that stations shall
provide time for the presentation of controversial issues, and shall
use their best efforts to divide the available time fairly among
those interested in the controversy. The code further provides
that news shall be presented fairly and accurately, without edi¬
torial twisting, and uncolored by the opinions or desires of the
station, the announcer, or the advertiser. Under the code, com¬
mentators and analysts are free to discuss and explain the news,
but not to w'arp or color it. Their complete freedom from anv
special or commercial influence is essential to a proper discharge
of their functions.

The Federal Communications Commission did not draft the
code, and has no responsibility for enforcing it. The radio stations
have full responsibility. The Commission’s function is rather to
see that radio stations in the long run have not abused then-
power to select or reject programs consistently with the public
interest.

The reasons for this requirement that broadcasters serve the
public interest is clear. The air waves belong to all the people,
not to the few w'ho happen to own licensed radio broadcasting
equipment. And. thus far, the licensee has not been required to
pa.\ an\ fee to obtain this privilege. .\ station owner who ii.ses a
broadcasting channel for private ends is like a man who blocks

148 — February 14, 1941

a public highway. The station’s license for exclusive use of a
broadcasting channel is a license to keep that channel open in
the interests of listeners, not to close it to all views but those
of the owner.

The Commission stated its position on this issue a few weeks
ago, when considering the license application of a New England
station. We then said:

“Radio can serve as an instrument of democracy only when
devoted to the communication of information and the ex¬
change of ideas fairly and objectively presented. A truly
free radio cannot be used to advQcate the causes of the licensee.
It cannot be used to support the candidacies of his friends.
It cannot be devoted to the support of principles he happens
to regard most favorably. In brief, the broadcaster cannot
be an advocate.”

This, obviously, is not censorship. A station which continuously
abuses its public trust is not refused renewal of its license for fear
that listeners will hear what it chooses to broadcast, but because
others eagerly await an opportunity to do a better job on that
wave length in the public interest. A million listeners cannot and
should not be deprived of honest news, fair comment, and well-
rounded discussion of public issues merely because one broadcaster
has a personal axe to grind. The public has a right to the benefits
of free speech. The broadcaster has the duty to keep the avenue
for free speech open.

In applying this standard, the Federal Communications Com¬
mission must face and find democratic solutions to scores of par¬
ticular problems. Let me mention a few.

One is the maintenance of even-handed treatment during political
campaigns. We have recently emerged from one of the most
hotly contested elections in American history. Radio was on
trial. It was an important factor. Had favoritism been shown for
any candidate, the confidence of the public would have been
shattered.

The broadcasting industry, I think, can pride itself on the im¬
partiality displayed in rendering this great public service. Other
media for the distribution of ideas and opinions may well envy
its record. I trust that radio will do equally well in handling
the fateful issues which now confront us.

Current world conditions have also raised special problems —
for example, the question of foreign-language broadcasts by some
of our domestic stations. Many who hear these programs with¬
out understanding them — and few' of us can understand all of
the 31 languages spoken over U. S. stations last year — are con¬
cerned lest, because the language is not English, the thoughts
expressed must be un-American.

The Commission has made some special studies of foreign-
language broadcasts, and has assembled information concerning
their extent. To discontinue foreign-language broadcasts, espe¬
cially at a time when so many influences are competing for the
allegiance of our foreign-born citizens and residents, might prove
to be an error in judgment. It would at least tend to cut them
off from the democratic influence of well-managed radio stations,
broadcasting to them in the languages they best understand and
to which they are most responsive. These stations can, and in
large measure do, serve a constructive purpose.

The problems of radio broadcasting in areas torn bv war, of
course, are varied, and differ markedly from the problems con¬
fronting broadcasting in the United States. In Europe today, for
example, broadcasting stations may, under certain conditions, act
as direction finders and beacons for enemy aircraft. Last spring,
broadcasts were used much like artillery to soften up enemy
morale prior to direct attack. The great significance of radio,
and its power for evil as well as for good, is demonstrated by the
alacrity with which the invader first of all seizes the broadcasting
station and utilizes it shrewdly for his own ends.

It is interesting to note that even in the heart of a besieged
country, the normal functions of broadcasting are continued to
the greatest extent consistent with military expediency. The daily
life of civilians must go on; and the need is doubly great for
information, and for the entertainment and emotional release
W'hich radio so pre-eminently affords. I think it significant that
in England even the raids of invading enemy aircraft have not
caused the discontinuance of broadcast programs generally. In¬
deed, from the heart of the bomb-wracked city, radios bring us
news of the battle.

The United States has not found it necessary to interfere in any
w'ay with regular broadcast programs. Nor can I conceive an
emergency so grave that it w'ould require taking the vast burden
of broailcasting onerations out of the hands of the broadcasting
industr>. Intensification of our defense efforts will make it all

the more important that radio broadcasting continue to play its
part, under private auspices, in the home life and daily activities
of the American listening public. It is conceivable that our de¬
fense problems may require some sacrifice, but they will not
require sacrificing the basic pattern of our American system of
broadcasting.

In saying this, I have in mind not merely the activities of the
Commission, under its mandate to act “for the purpose of the
national defense,” but also the activities of the Defense Com¬
munications Board. This Board, established by E.xecutive Order
last September, is essentially a planning body, concerned with the
defense aspects of all branches of our far-flung wire, cable, and
radio communication systems. So far as radio broadcasting is
concerned, I do not anticipate that the potential effect of the
Board’s plans will extend beyond purely technical matters of pro¬
cedure and coordination ; or that they will reach such substantive
matters as control of program content. The latter questions are,
of course, vital ones, and in treating them we must have a
jealous regard for our basic freedoms.

Maintaining civil liberties and other democratic traditions in
an era like ours is no easy task, I am inclined to believe that it
has never been an easy task. History has a habit of recording
past decisions without recording the debate, the turmoil, the
searching of heart and soul that went into the making of them.
I am hopeful that historians of some future day will view the
decisions we now make as worthy of our country, and will deem
the techniques we now evolve to be suitable for their purpose —
the maintenance of democracy in a war-torn world.

Mr. Miller —

When we finished writing the NAB Code of Program Standards
down in Atlantic City two years ago, we were pretty sure that we
could count on an unqualified endorsement from organized labor.

Father Coughlin might not like it. Judge Rutherford might not
like it. Some parents might think we should have set up more
rigorous standards for children’s programs. But organized labor
should be with us, 100 per cent.

What had we done?

We had said that broadcasting stations were obligated to carry
labor programs when they served the public interest. Time should
not be sold for such programs. All parties to any controversy
raised in a labor program should be afforded an equal opportunity
before the microphone.

In other words, when a national labor issue of importance arose,
a nation-wide network was obligated to give the justified amount
of network time for discussion from all viewpoints.

When a labor issue of local importance arose, a local station was
obligated to give the justified amount of its time for discussion
from all viewpoints.

Time should not be sold for this discussion because the employer
ordinarily' could out-buy the union, and thus weight the argument
in his favor. That wouldn’t be fair play.

It turned out that labor wasn’t w'ith us, 100 per cent. .A few
w'ho conceive of radio as a common carrier, like a railroad, have
accused us of the most outrageous censorship, because w'e refuse
to sell a seat before the microphone to anyone w'ho can pay the
fare. As Chairman Fly pointed out after luncheon today', there can
be only so many programs a day. Denial of requests for time —
free or paid for — isn’t censorship. “It is the necessary exercise of
discretion by the broadcaster. It is, in fact, physics, engineering
and common sense.” You can add a car to a railroad train, but
you can’t add an hour to the day.

A great majority of labor leaders, however, have given the code
their enthusiastic support. We have heard nothing but praise of
the national network policy in regard to the amount of time
accorded labor leaders and government officials dealing with labor
problems. The National Broadcasting Company alone had 43
labor talks on the coast-to-coast network last year. William
Green gave six of these; John L. Lewis, five. While I do not
have the exact figures at hand, I venture that the Columbia and
Mutual Broadcasting Systems carried about the same number.

Locally labor has fared well under the code. Let me cite an
instance:

Out in Cincinnati, about 20,000 of those who work in town live
across the Ohio river in half a dozen Kentucky communities.
Until last fall, they commuted by two bus lines. One of these
lines had a closed shop contract with the “.Amalgamated,” an
A. F. of L. union of bus drivers and street car employees. The
other had a closed shop contract with the “Brotherhood ” an
independent union of bus drivers and railroad employees. The two
lines merged. A jurisdictional strike resulted. Service stopped

completely. Taxis w'ere at a premium. Thousands had to walk
to work.

The issues in jurisdictional strikes are often confused and difficult
for the general public to understand. .And so L. B. Wilson, man¬
ager of Station WCKY, asked representatives of the two unions,
the merged companies, government conciliators, and the city man¬
agers to sit around the microphone together, to explain the issues
from their respective viewpoints.

Only the bus companies turned down the invitation. They said
they would not have enough time before tbe broadcast to prepare
their case.

The program w'as an outstanding success. Ideas were developed
that aided materially in the settlement of the strike.

.After the forum program, Mr. Wilson assigned several of his
best news analysts to “cover” the strike. On a news basis, state¬
ments from all sides were carried as they were issued.

After the strike eventually was settled, the station reported to
us:

“We found both the companies and the unions willing to co¬
operate in acquainting the public with the facts, and there was
not a single case of objection by the unions, companies, or the
listening public to the way our strike broadcast and our strike
news was handled.”

I don’t mean to imply that the forum type of program is the
only proper medium for a labor broadcast. It is an extremely fair
means of presenting the issues and the arguments of all parties —
because all sides reach the same audience — and round table dis¬
cussion is often more fruitful than set speeches. .A forum makes
a good show, too. Labor leaders — and others as well — too often
are inclined to forget that it takes showmanship to Imild and hold
an audience.

There have been only two outstanding complaints against the
operation of the code from labor quarters. They were much alike.
Both came from the C, I. O. Both resulted from the refusal of
stations to continue C. 1. O. local “news” broadcasts for which
C. 1. O. unions bought time. The first was last winter, against
a small station in Akron, Ohio. The United Rubber Workers, a
C. 1. 0. affiliate, had been broadcasting news and vieu’s about
local labor troubles for some time. .After the code went into effect,
the station exercised a cancellation clause in its contract with the
union, maintaining rightfully that sale of time for discussion of
controversial issues would constitute code violation. As a display
of good faith, the station staged a forum program to discuss the
rubber workers’ contention that the code was “unfair to organized
labor” and union representatives took part. They refused the
station’s offer, however, of free time to discuss their problems
from time to time, as tbe public interest warranted. Last fall, a
San Francisco station refused to renew an expired contract with
the local C. 1. O. council for a similar program. Not only the
station directly involved but all other stations in San Francisco
offered the C. I. O. free time, as the public interest warranted, to
discuss labor questions of general public interest. To date, this
offer has not been accepted. In both instances, the C. I. O. unions
complained to the Federal Communications Commission. The
Commission informed them that there was nothing in the Com¬
munications Act of 1934 to require a station to accept any program.

Most of the other complaints — and they have been few — have
arisen from differences of opinion between local labor leaders and
station managers over the air-worthiness of programs or speeches
proposed by the labor leaders.

For instance, a local business agent is conducting a strike in¬
volving 200 factory employees in a city of 150,000 population. He
has a great deal to say about the situation and he wants to tell the
whole world, too. .And so he goes to the manager of a S0,000-watt,
clear channel station that serves not only the 150,000 city dwellers
but farmers 100 miles around and asks to buy or get free time
to air his views. The station manager informs him that he cannot
buy time, under the code, and that he regrets he cannot give away
the time, either, because that station’s far-flung audience or a
good share of it just wouldn’t be interested in hearing about the
merits and demerits of a small strike.

On the other hand, the size of a strike certainly is not the onl.\'
criterion for a broadcaster, in determining whether it should be
discussed on his station. A strike of three employees in a power
plant which threw a community into total darkness would surely
be of prime public interest.

We feel that measuring a proposed labor program bv the stand¬
ard of “public interest” involves more, however, than just meas¬
uring whether it would be of considerable interest to the public
to hear a well-known labor leader urge armed revolution, but it
certainly could not be considered “in the public interest” to l)road-

February 14, 1941 — 149

cast such a speech. In this connection, I would like to quote from
our code manual:

“The broadcaster who denies time to a labor leader or organiza¬
tion solely because the broadcast might “stir up trouble” or disturb
the status quo is treading dangerous ground.

“Of course, no broadcaster would permit his facilities to be used
to incite to riot or bloodshed. When a broadcaster is in doubt
on this score, after reading the proposed script, he might well
consult the proper police officials.

"On the other hand, the opinion of an employer that a labor
program dealing with his employees would be “dangerous” should
be considered for just what it is worth. It is certainly not for
the broadcaster to decide that labor unions are good or bad, and
give or refuse to give them time accordingly.

Not long ago, I helped to arrange for a national network pro¬
gram for a labor leader who had made his first request for time.
First, he was surprised that he received it, and received it so
promptly. Then he submitted his script. In it, he quite strongly
attacked three of the largest industrialists in the country. The net¬
work lawyers looked it over, found no libel, and gave it their O.K.
The labor leader was amazed.

“Do you mean I can say all that?” he asked.

We think labor is getting a pretty good break on the air.

FEDERAL COMMUNICATIONS
COMMISSION

The FCC, this week, began its “monopoly” report
study. In this connection James Lawrence Fly, Chair¬
man, said at a press conference early this week that “the
Commission began consideration of the network matter
a few days ago, but it is still in the discussion stage and
the Commission has not reached a report draft status.”

Mr. Fly told the newspapermen that he has read the
report of the National Television Systems Committee
recommendations, but in view of the hearing which has
been slated he would make no comment. Also, Mr. Fly
said in answer to a inciuiry that there is no additional
news about the Defense Communications Board other
than its committees are quite active and very much on the
job, meeting where they choose, some in New York and
others in Washington.

Mr. Fly said that the $1,600,000, special defense fund
has been used for new equipment and personnel and the
FCC is still taking on technicians. He stated that addi¬
tional funds may mean more equipment and more people.

Answering a specific question relative to evidence of
subversive use of radio, Mr. Fly said that he could hardly
say that it was acute, but agreed that it was an important
subject. He stated further that he could hardly say it
is under control, but a lot of work is being done on it in
the field. He admitted “hitting some pay dirt, if you
want to know that.”

FEDERAL COMMUNICATIONS
COMMISSION DOCKET

Following hearings and oral arguments are scheduled
to be heard in broadcast cases before the Commission

during the week beginning Monday, February 17. They
are subject to change.

Monday, February 17

WGNY — WGNY Broadcasting Co., Inc., Newburgh, N. Y. —
C. P., 1370 kc., 250 watts, unlimited.

NEW — Stephen R. Rintoul, Stamford, Conn. — C. P., 1370 k(‘.,
250 watts, unlimited.

NEW — William H. Amesbury, Minneapolis, Minn. — C. P., 630 kc.,
1 KW, unlimited, DA-night and day.

Thursday, February 20
Oral Argument Before the Commission
Report No. B-121:

WHDH — Matheson Radio Company, Inc., Boston, Mass. — C. P.,
830 kc., 5 KW, unlimited, DA-night. Present assignment:
830 kc., 1 KW day.

FUTURE HEARINGS

During the past week the Commission has announced
the following future broadcast hearings and oral argu¬
ments. They are subject to change.

March 10

WARM — Union Broadcasting Co., Scranton, Pa. — License to cover
C. P., 1370 kc., 250 watts, unlimited.

Consolidated Hearing

WCAM — City of Camden, Camden, N. J. — Renewal of license,
1280 kc.. 500 watts night, 500 watts LS, shares WTNJ
and WCAP.

WCAP — Radio Industries Broadcast Co,, Asbury Park, N. J. —
Renewal of license, 1280 kc., 500 watts night, 500 watts
LS, shares WTNJ and WCAM.

WTNJ — WOAX, Incorporated, Trenton, N. J. — Renewal of license,
1280 kc., 500 watts night, 500 watts LS, shares WCAM
and WCAP.

WTNJ — WOAX, Incorporated, Trenton, N. J. — C. P., 1230 kc.,
1 KW night, 1 KW day, unlimited, D.\-day and night.
NEW — Trent Broadcast Corp., Trenton, N. J. — C. P., 1230 kc.,
1 KW, unlimited, D.A-day and night.

March 12

WGST. — Georgia School of Technology, .Atlanta, Ga. — Renewal
of license (main and auxiliary), 890 kc., 1 KW night, 5
KW LS, unlimited time.

March 13

Oral Argument Before the Commission

WBAX — John H. Stenger, Jr., Wilkes-Barre, Pa. — Renewal of
license, 1210 kc., 100 watts night, 100 watts LS, unlimited
time.

March 24

WMBG — Havens & Martin, Inc., Richmond, Va. — Modification of
license, 1350 kc., 5 KW, unlimited, DA-day and night.
Present assignment: 1350 kc., 1 KW night, 5 KW day, un¬
limited. D.\-night and day.

March 25

NEW — West Publishers, Inc., Houston, Texas. — C. P., 610 kc.,
1 KW, unlimited, DA-night.

April 2

NEW — Symons Broadcasting Co., Ellensburg, Wash. — C. P., 1110
kc., 1 KW, unlimited.

NEW — J. C. Kaynor, Ellensburg, Wash. — C. P., 1310 kc., 250
watts, unlimited time.

April 25

WTEL — Foulkrod Radio Engineering Co., Philadelphia, Pa. —
C. P., 1500 kc., 250 watts, unlimited.

150 — February 14, 1941

FEDE^L COMMUNICATIONS
COMMISSION ACTION

APPLICATIONS GRANTED

KGLO — Mason City Globe-Gazette Co., Mason City, Iowa. —
Granted modification of construction permit for approval
of directional antenna and transmitter site at Clear Lake
Road, U. S. Highway No. 18, Mason City, Iowa, and change
in equipment (B4-MP-109S) .

WKPT — Kingsport Broadcasting Co., Kingsport, Tenn. — Granted
voluntary assignment of license of station WKPT from
C. P. Edwards, Jr., and Howard Long, d/b as Kingsport
Broadcasting Co., to Kingsport Broadcasting Co., Inc. This
represents all the tangible and intangible partnership prop¬
erty pertaining to the station to be assigned and transferred
by assignors for a cash consideration of $58,230.00. Station
operates on 1370 kc., 250 watts, unlimited time (B3-AL-
297).

KXO — F. M. Bowles (Assignor), Valradio, Incorporated (Assignee),
El Centro, Cal. — Granted consent to voluntary assignment
of license of station KXO from F. M. Bowles to Valradio
Company, Inc., for the sum of $9,250. Station operates on
1500 kc., 100 watts, unlimited time (B5-AL-291).

WSPA — Spartanburg Advertising Co., Spartanburg, S. C. — Granted
modification of construction permit to increase daytime
power from 1 to 5 KW ; install new transmitting equipment ;
move transmitter site to approximately 4 miles northwest
of center of city; and extend commencement date to 30
days after grant, completion date to 180 days thereafter;
020 kc., 1 KW day, unlimited time (B3-MP-1124) .

WWL — Loyola University, New Orleans, La. — Granted modifica¬
tion of license to change hours of operation from specified
hours, sharing with KWKH, employing directional antenna,
to unlimited time on 850 kc., 50 KW (B3-ML-583).

W9XC — Central Broadcasting Co., Mitchellville, Iowa. — Granted
construction permit to increase power of developmental
broadcast station from 1 to ISO KW ; frequency tolerance:
20 cycles plus or minus; hours of operation: 12 midnight
to 6 a. m., CST, in accordance with, Sec. 4.4(a) and on
condition that no objectionable interference will be caused
to the regular broadcast service of any standard broadcast
station; install new transmitter, and make changes in an¬
tenna system which utilizes the vertical radiator of WHO
for its center element. If it becomes necessary to operate
WHO other than as authorized, it will be necessary for
applicant to obtain express authority of the Commission
prior to proceeding with such operation of WHO (B4-PEX-
34).

Pennsylvania Broadcasting Co., Philadelphia, Pa. — Granted con¬
struction permit for new high frequency (EM) broadcast
station to operate on frequency 44700 kc., 9,300 square
miles, 4,500,000 population (B2-PH-69).

John Lord Booth, Detroit, Mich. — Granted construction permit
for new high frequency (EM) broadcast station; frequency
44900 kf., 6,800 square miles, population 2,900,000 (B2-
PH-20) ,

DESIGNATED FOR HEARING

WBNX Broadcasting Co., Inc., New York City. — Application for
construction permit for new high frequency broadcast (EM)
station, requesting frequency 47500 kt“., 8,730 square miles,
hours of operation day 3 hours, night 3 hours (Bl-PH-85).

Bremer Broadcasting Corp., New York City. — Application for con¬
struction permit for high frequency broadcast (EM) station
to operate on channel 47100 kc., with coverage of 8,500
square miles, hours of operation 11 day, 6 night (Bl-PH-72).

The Outlet Company, Providence, R. I. — Application for con¬
struction permit for new high frequency (EM) broadcast
station to operate on 44300 kc., 16,370 square miles, hours
of operation 4 hours day, 4 hours night (Bl-PH-22).

WJJD — WJJD, Inc., Chicago, Ill. — Application for construction
permit to increase hours of operation from limited time to
unlimited, and install directional antenna for use after
sunset at Salt Lake City; 1130 kc., 20 KW (B4-P-2S32).

Ralph L. Lewis, Greensboro, N. C. — Application for construction
permit for new station to operate on 1370 kc., 100 watts,
unlimited time (B3-P-2808). Hearing on this apolication
to be consolidated with application of High Point Broad¬
casting Co., requesting iclentical facilities in High Point,
N. C., located 15 miles southwest of Greensboro.

Butler Radio, Inc., Tyler, Tex. — Application for construction per¬
mit for new station to operate on 1370 kc., 250 watts, un¬
limited time (B3-P-2896).

Wayne M. Nelson, Concord, N. C. — Application for construction
permit for new station to operate on 1380 kc., 1 KW, day¬
time only. Exact transmitter site and type of antenna to be
determined (B3-P-3007).

KEMA — May Seed and Nursery Co., Portable-Mobile, area of
Shenandoah, Iowa. — Application for consent to voluntary
assignment of the license for relay station KEMA from the
licensee. May Seed and Nursery Co. to May Broadcasting
Co. This application to be heard in connection with the
hearing on renewal application of broadcast station KMA
already designated for hearing.

MISCELLANEOUS

WBEN — WBEN, Inc., Buffalo, N. Y. — Granted construction per¬
mit to move auxiliary transmitter to site of main trans¬
mitter at corner Bush Road and Beaver Island Parkway,
Grand Island, N. Y. (Bl-P-3076).

WALB — The Herald Pub. Co., Inc., Albany, Ga. — Granted modifi¬
cation of construction permit which authorized a new sta¬
tion to operate on 1530 kc., 1 KW, unlimited time, DA-
night, for authority to install new transmitter and extend
commencement date to 30 days after grant and completion
date to 90 days thereafter (B3-MP-1152) .

WFMD — The Monocacy Broadcasting Co., Frederick, Md. —
Granted license to cover construction permit (Bl-P-2243)
which authorized change in hours of operation and installa¬
tion of directional antenna for night use (Bl-L-1521) ; also
granted authority to determine operating power by direct
measurement of antenna input (B1-Z-6S6).

K.ALB — Alexandria Broadcasting Co., Inc., .Alexandria, La. —
Granted authority to install automatic frequency control
equipment (B3-F-171).

WHP, Inc., area of Harrisburg, Pa., Portable-Mobile. — Granted
construction permit for new relay broadcast station to be
used with applicant’s standard broadcast station WHP;
33380, 35020, 37620. 39820 kc., 25 w'atts (B2-PRE-380) .

W2XMN — Edwin H. Armstrong, North of Alpine, N. J. — Granted
special temporary authority to retransmit the transmissions
of experimental high frequency broadcast station WlXOJ,
Paxton, Mass., for the period ending no later than March 1,
1941, in order to continue rebroadcasting experiments.

WPAY — Vee Bee Corp., Portsmouth, Ohio. — Designated for hear¬
ing application for renewal of license of WPAY, and adopted
order consolidating the hearings on transfer of control of
corporation and on the renewal.

WHDH — Matheson Radio Co., Inc., Boston, Mass. — Scheduled
oral argument for February 20 on application to install new
transmitter, directional antenna for night use, and increase
power from 1 to 5 KW day, and operate unlimited time on

830 kc.

Thumb Broadcasting Co., Brown City, Mich. — Dismissed appli¬
cation for new station to operate on 600 kc., 250 watts,
daytime (B2-P-1886).

KFDY — South Dakota State College, Brookings, S. Dak.- — Granted
special temporary authority to operate from 7:50 to 9:50
p. m., CST, February 7 and 14, in order to broadcast State
College basketball games only.

KTRB — KTRB Broadcasting Co,, Inc.. Modesto, Calif. — Granted
special temporary authority to operate from 7:30 p. m.,
PST, to conclusion of basketball games, February 4: from
9 p. m., PST, to conclusion of Jr. Chamber of Commerce
meeting February 5; from 7:30 p. m., PST, to conclusion
of concert of Modesto Symphony Orchestra Assn., February
11; from 7:30 d. m.. PST. to conclusion of meeting of
Yosemite Area. Council of Boy Scouts, February 13; from
7:30 p. m.. PST, to conclusion of basketball game, February
18: from 7:30 p. m.. PST, to conclusion of basketball game,
February 21 , only.

WBNY — Roy L. .Mbertson, Buffalo, N, Y. — Gr.anted snecial t'^m-
porary authority to operate from 8:30 to 10 a, ni., EST,

February 14, 1941 — 151

February 12, in order to broadcast sustaining musical pro¬
grams as described in letter of January 27, only (provided
VVSVS remains silent).

VVMRO — Martin R. O’Brien, Aurora, Ill. — Granted special tem¬
porary authority to operate from 7 to 11 p, m., CSX, Feb¬
ruary 4, in order to broadcast basketball game only.

KMBC — Midland Broadcasting Co., Kansas City, Mo. — Granted
motion for leave to amend application for construction per¬
mit to change frequency from !)5() to 6!)0 ko. ; increase
power from S to SO KW, unlimited time, DA night ; and
move studio to Kansas City, Kans., to substitute revised and
amended technical exhibits.

WHB — WHB Broadcasting Co., Kansas City, Mo. — Dismissed
without prejudice the petition to intervene in the hearing
on application of KMBC listed above.

KFEQ — KFEQ, Inc., St. Joseph, Mo. — Dismissed without prejudice
the petition to intervene in the hearing on application of
KMBC listed above.

KRBC — Reporter Broadcasting Co., Abilene, Tex. — Granted mo¬
tion for order to take depositions in re application for con¬
struction permit to operate on !)4(l kc., 1 KW, unlimited
time, DA night and day.

KSFO — The Associated Broadcasters, Inc., San Francisco, Calif. —
Granted petition for leave to amend application by February
28 to specify a new transmitter site and furnish information
pertinent thereto, in re construction permit to change fre¬
quency from 560 to 740 kc., and increase power to 50 KW,
unlimited time, D.A day and night.

KTSM — Tri-State Broadcasting Co., Inc., El Paso, Tex. — Granted
motion to accept amendment to application for modification
of license to reduce request for night power from 1 KW
to 500 watts.

KFEQ — KFEQ, Inc., St. Joseph, Mo. — Dismissed without preju¬
dice petition to intervene in the hearing on application of
KWK, St. Louis, to change frequency from 1350 to 680 kc.,
and increase power to 50 KW, unlimited time, using DA.

KOMA — KOMA, Inc., Oklahoma City, Okla. — Granted motion for
leave to amend application for construction permit to
change frequency from 1480 to 690 kc., increase power to
50 KW, unlimited time, DA-night, to substitute revised and
amended technical exhibits.

WCNC — ,'\ubrey G. McCabe and Trim W. Aydlett, d/b as Albe¬
marle Broadcasting Co. (assignor), and Albemarle Broad¬
casting Co. (assignee), Elizabeth City, N. C. — Granted peti¬
tion for leave to amend application relating only to cor¬
porate structure, to withdraw Aubrey G. McCabe and
substitute Trim W. Aydlett in assignee corporation, in re
application for consent to voluntarv assignment of license
of WCNC.

Park Cities Broadcasting Corp., Dallas, Texas. — Granted petition
to accept amendment with regard to minority stock holder
in corporation, in re application for new station to operate
on 940 ko., 500 watts, unlimited time, with retention of
hearing date now set for February 28.

The Community Broadcasting Corp., Middletown, N. Y. — Motion
for continuance of hearing now set for February 12, with¬
drawn, and the proceedings in Dockets Nos. 5952 and 5953,
in re apolications of Community Broadcasting Corp. and
Herbert L. Wilson, both applicants for new station at
Middletown, to operate on 1310 k<“., 250 w'atts, unlimited
time, were consolidated.

WTEL — Foulkrod Radio Engineering Co., Philadelphia, Pa. —
Granted petition for continuance of hearing for period of
60 days from F'ebruary 24, on application to operate on
1500 ito., 250 watts, unlimited time.

WB.4X — John H. Stenger, Jr., Wilkes-Barre, Pa. — Continued oral
argument now set for February 13 to March 13, in applica¬
tion for renewal of license.

KWK — Thomas Patrick, Inc., St. Louis, Mo. — Granted motion for
leave to amend application by F'ebruary 28, with regard to
technical information, new transmitter location and new
rlirectional antenna data, in re application to change fre¬
quency and increase power,

WGST — Georgia School of Technology, Atlanta. Ga. — Granted
motion for continuance of hearing set for February 10 for
30 days, on application for renewal of license.

Park Cities Broadcasting Corp., Dallas, Texas. — Granted motion
to take depositions in re apidication for new station.

WMBG Havens and Martin, Inc., Richmond, \’a. — Granted
motion for continuance of hearing now set for February 21,

152 — February 14, 1941

for period of 30 days, on application for modification of
license to increase night power to 5 KW.

Mosby’s Inc., Anaconda, Mont. — Granted petition for leave to
amend application for construction permit so as to request
1300 instead of 1100 kc., 500 watts night, 1 KW day,
unlimited time.

R. B. Eaton, Des Moines, Iowa. — Granted petition for continuance
of hearing now set for March 3, until after hearing on
television scheduled for March 20, in re application for
new television station.

Trent Broadcast Corp., Trenton, N. J. — Adopted order denying
petition for reconsideration and grant of application of
Trent Broadcast Corp. for construction permit for new
broadcast station to operate on 1330 kc., 1 KW, directional
antenna day and night; dismissed without prejudice to re¬
questing leave to amend application, the alternative request
that the Commission grant its application modified to
specify operation upon the frequency of 890 kc.

General Television Corp., Boston, Mass. — Granted special tem¬
porary license to operate television Station WlXG for the
purpose of conducting tests ending in no event later than
March 20, 1941; frequencies 50000-56000 kc. (Channel No.
1), on an experimental basis only, upon the express con¬
dition that this authority is subject to change or cancella-
tioti by the Commission at any time, without advance
notice or hearing, if in its discretion the need for such
action arises; AS emission, 500 w'atts visual power, in ac¬
cordance with Sec. 4.78; to operate as a television broad¬
cast station in accordance with Sections 4.71, 4.72, 4.74,
4.75, and 4.76. ’

WRDO — WRDO, Inc., Augusta, Maine. — .Adopted an order dis¬
missing renewal of license proceedings and continuing on a
temporary license to March 29, 1941, pending application for
transfer of control of the station.

WQAM— Miami Broadcasting Co., Miami, Fla. — Adopted an opin¬
ion and order dismissing petition which requested that the
Commission (1) classify station WQAM as a Class III-A
station upon its present assignment of 560 ke., 1 KW, un¬
limited time, and modify the license of station accordingly;
(2) that action upon petitioner’s application for authority
to install a new transmitter and increase power to 5 KW
be deferred until after final action upon petition; and in
event petition were granted, that application for authority
to increase power to S KW be returned to petitioner. (In
its opinion the Commission points out that classification of
stations as Class I, II, Class III-.A, etc., is merely for ad¬
ministrative convenience and such classification is’ not part
of any license and not a source of any right in the licensee.)

KFDM— Beaumont Broadcasting Corp., Beaumont, Tex. — Adopted
a similar decision and order dismissing application for modi¬
fication of license to add “Class III-A” to license of station
KFDM.

City of New York, Municipal Broadcasting System, New York,
N. Y. — Designated for hearing application for new high
frequency (FM) broadcast station to operate as follows:
Frequency, 46700 kc.; service area, 3.889 square miles;
hours of operation, day 10 hours, night 5 hours (Bl-PH-83).

WTCN — Minnesota Broadcasting Corp., Minneapolis, Minn. —
Designated for hearing application as amended to request
construction permit to change frequency to 710 kc., increase
power to 10 KW, change transmitter site locally, and employ
directional antenna at night (WTCN now operates on 1350
kc.. with power of 1 KW night and 5 KW day) (B4-P-
2439).

WHB — WHB Broadcasting Co., Kansas City, Mo. — Designated
for joint hearing with WTCN (above) application for con¬
struction permit to change frequency to 710 kc., increase
power to 5 KW unlimited time, install directional antenna
for dav and night use, install new transmitter, and move
transmitter site locally (WHB now operates on 860 kc.,
with 1 KW, daytime).

Joint petition of WTCN and KSOO (Sioux Falls Broadcast

Association, Sioux Falls, S. Dak.) was granted in part only insofar

as it requests leave to amend the application of KSOO; denied

as to balance.

APPLICATIONS FILED AT FCC
610 Kilocycles

WMIIR- The Radio \’oice of New Hamp.shire, Inc., Manchester,
N. H. — Modification of construction permit (Bl-P-2897)

for a new station, requesting authority to install new trans¬
mitter, approval of studio site at 1819 Elm St., Manchester,
N. H., and extension of commencement date to 10 days after
grant and completion date to 60 days thereafter.

WCLE — United Broadcasting Co., Cleveland, Ohio. — Authority to
determine operating power by direct measurement of antenna
power.

630 Kilocycles

WM.‘\L — National Broadcasting Co., Inc., Washington, D. C.—
License to cover construction permit (Bl-P-2475) as modi¬
fied for new transmitter, directional antenna for day and
night use, increase in power, and move of transmitter.

WMAL — National Broadcasting Co., Inc., Washington, D. C. —
.Authority to determine operating power by direct measure¬
ment of antenna power.

810 Kilocycles

WCCO — Columbia Broadcasting System, Inc., Minneapolis, Minn.
— Authority to install new automatic frequency control
equipment on 830 k(“. under NARB.^.

850 Kilocycles

WHCU — Cornell University, Ithaca, N. Y. — Construction permit
to install directional antenna for use from local sunset at
Ithaca, N. Y., to local sunset at Los Angeles, Calif.; change
frequency from 850 kf. to 640 kc., and change hours of
operation from day to limited, using 1 KW power.

940 Kilocycles

WAAT — Bremer Broadcasting Corp., Jersey City, N. J. — Modifi¬
cation of construction permit (Bl-P-2704) as modified for
new transmitter, installation of directional antenna for night
use, change in hours of operation, increase in power, and
move of transmitter, requesting extension of completion date
from 2-25-41 to -

WCHS — Congress Square Hotel Co., Portland, Maine. — Modifica¬
tion of construction permit (B1-P-253S) for installation of
directional antenna for day and night use and increase in
power, requesting extension of completion date from 2-2S-41
to 4-25-41.

1000 Kilocycles

WHO — Central Broadcasting Co., Des Moines, Iowa. — Authority
to determine operating power by direct measurement of
antenna power.

1180 Kilocycles

WM.AZ — Southeastern Broadcasting Company, Inc., Macon. Ga. —
Authority to determine operating power by direct measure¬
ment of antenna power.

1200 Kilocycles

WSKB — McComb Broadcasting Corp., McComb, Miss. — Con¬
struction permit to change frequency from 1200 kc., to
590 kc. (Class lY), make changes in equipment and antenna.

1210 Kilocycles

KFOR — Cornbelt Broadcasting Corp.. Lincoln, Nebr. — Construc¬
tion permit to reinstate construction permit (B4-P-2537)
as modified (B4-MP-1019) for equipment changes, antenna
changes, increase in power from 100 watts, 250 watts local
sunset, to 250 watts day and night, and move of transmitter.

KPPC — Pasadena Presbyterian Church, Pasadena. Calif. — .Au¬
thority to make changes in automatic frequency control
equipment on 1240 kc., under NARB.A.

1230 Kilocycles

KGBX — Springfield Broadcasting Co., Springfield, Mo. — License to
cover construction permit (B4-P-2S10) as modified for new
transmitter, increase in power, and changes in directional
antenna for night use.

KGBX — Springfield Broadcasting Co., Springfield, Mo. — Authority
to determine operating power by direct measurement of
antenna power.

1260 Kilocycles

KGYO — Mosby’s Incorporated, Missoula, Mont. — Construction
permit to increase power from 1 KW, 5 KW LS, to 5 KW ;
install directional antenna for day and night use; and move
transmitter.

1280 Kilocycles

NEW — .Atlantic Broadcasting Corp., Miami, Fla. — Construction
permit for a new station to be operated on 1280 kc., 500
watts, 1 KW LS, unlimited time (1310 kc. under N.\RBA).
Amended to make changes in corporate structure.

1290 Kilocycles

KLCN — Fred C. Grimwood, Blytheville, Ark. — Construction per¬
mit to install a new transmitter and vertical antenna ; in¬
crease power from 100 watts to 1 KW ; and move transmitter
from Railroad and Walnut Sts., Bh theville, .\rk.. to Blythe¬
ville, Ark. .Amended to change requested site from Highway
No. 61 to Highway No. 18, Blytheville, Ark., and make
changes in requested vertical antenna.

WNEL — Juan Piza, San Juan, P. R. — Modification of construction
permit (B-P-2 762) for changes in equipment, antenna, in¬
crease in power, and move of transmitter, requesting exten¬
sion of completion date from 2-25-41 to 4-25-41.

1310 Kilocycles

WSTV — The Valley Broadcasting Co., Steubenville, Ohio. — Modifi¬
cation of license to change hours of operation from specified
hours to unlimited time.

1370 Kilocycles

NEW — Chilton Radio Corporation, Dallas, Tex, — Construction
permit for a new station to be operated on 1370 ke., 100
watts, unlimited time, facilities KFJZ. Amended to request
660 kc., 1 KW daytime, antenna to be determined, equip¬
ment changes, omit request for facilities relinquished bv
KFJZ.

WMSL — Tennessee Valley Broadcasting Co., Inc., Decatur, .Ala. —
.Authority to determine operating power by direct measure¬
ment of antenna power on 1400 kc., under NARB.A.

KFVD — Northwest Broadcasting Co.. Fort Dodge, Iowa. — Modifi¬
cation of license to change hours of operation from specified
hours to unlimited time. Requests facilities of station
KFGQ.

1380 Kilocycles

WING — Great Trails Broadcasting Corporation, Dayton, Ohio. —
License to cover construction permit (B2-P-2761 ) for new
equipment, changes in directional antenna, and increase in
power, and move.

WING — Great Trails Broadcasting Corporation, Dayton, Ohio. —
.Authority to determine operating power by direct measure¬
ment.

1390 Kilocycles

WHK — United Broadcasting Co., Cleveland, Ohio. — License to
cover construction permit (B2-P-2670) for increase in power,
and installation of directional antenna for night use.

WHK — LTnited Broadcasting Company, Cleveland, Ohio. — .Author¬
ity to determine operating power by direct measurement.

1420 Kilocycles

NEW — Washington Broadcasting Co., Washington, Pa. — Construc¬
tion permit for a new Class IV station on 1420 kc., 250
watts, unlimited time. Studio and transmitter to be deter¬
mined, Washington, Pa,

NEW — Pan-.American Broadcasting System, Inc., Hollywood. Fla.
— Construction permit for a new station to be operated on
1420 kc., 250 watts, unlimited time. .Amended to make
changes in corporate structure,

1500 Kilocycles

WBT.A — Batavia Broadcasting Corn., Batavia, N. Y. — Modifica¬
tion of constiuction permit (Bl-P-2909) for a new station,
requesting authority to install new transmitter.

February 14, 1941 — 153

1530 Kilocycles

NEW — Seaboard Broadcasting Corp., Tampa, Fla. — Construction
permit for a new station to be operated on 1530 k(‘., 1 KW,
unlimited time (1500 k(‘. under NARBA). Amended to
make changes in corporate structure.

FM APPLICATIONS

NEW — The Moody Bible Institute of Chicago, Chicago, Ill. — Con¬
struction permit for new high frequency broadcast station
to be operated on 43000 kc. ; coverage, 15,300 square miles;
population, 5,091,500. Amended; Change frequency from

43900 to 4T500 kc.

NEW — National Broadcasting Company, Inc., New York, N. Y, —
Modification of construction permit (Bl-PH-15) for ap¬
proval of transmitter and changes in antenna. Population
given as 11,896,500.

FEDERAL TRADE
COMMISSION ACTION

COMPLAINTS

Federal Trade Commission has alleged unfair competi¬
tion against the following firms. The respondents will
be given an opportunity to show cause why cease and
desist orders should not be issued against them.

Aniasia Importing Corporation, 10 East 39th St., New York,
is charged with misrepresentation in the sale of corsets and founda¬
tion garments for women in a complaint.

■According to the complaint, the respondent uses the trade name
“Silk Skin” in advertising and on tags, labels and bo.xes, represent¬
ing that its garments consist in part of silk when in fact none of
them contain more than 20 per cent silk and many have no silk
at all. Some allegedly consist of a cotton elastic yarn and others
of such yarn combined with lisle, rayon or silk.

The complaint charges that on certain boxes and on tags at¬
tached to garments the term “Silk Skin” appears in large type and
in smaller type is printed the notation “80 per cent to 100 per
cent elastic yarn combined with lisle, rayon or silk.” It is al¬
leged that beneath a primary label containing the name “Silk
Skin” is a secondary label, not readily discernible, stating the pur¬
ported percentages of elastic and lisle, rayon or silk, as the case
may be. However, the conqrlaint alleges that neither the re¬
spondent’s advertising and printed matter nor the primary cloth
label differentiate between the types of garments containing various
combinations of lisle, rayon or silk, and that many garments con¬
tain percentages other than those stated on the secondary label.

The respondent further is charged with representing through
its business stationery that it has branch houses or factories in
Paris, Berlin, London, Shanghai and other foreign cities, when
such is not a fact. (4459)

Illinois Herb (’ompiiiiy — Misrepresentation in the sale of 40
medicinal preparations advertised as having value in treating vari¬
ous diseases and conditions, is alleged in a complaint issued against
Charles A. Bilgman, trading as Illinois Herb Co., 542 South Dear¬
born St., Chicago.

The complaint alleges that the products do not possess the
therapeutic values advertised. .According to the complaint, prep¬
arations designated as “Calexa Herb Compound” and “Sonada
Tonic,” and represented as cures or remedies for digestive ailments,
have no therancutic value in excess of temporary relief afforded
by their laxative properties, and the respondent’s use of the word
“tonic” to designate “Sonada Tonic” and “Verbita Tonic” is
misleading in that these pre|Kiratinns have no substantial thera-
])eiitic value as tonics.

The complaint charges that the respondent’s product “Lura,”

154 — February 14, 1941

advertised as being of value in eliminating halitosis, has no effect
upon that condition other than to mask it temporarily; that the
value of the preparation “Rexora Herb Compound,” represented
as a remedy for bladder weakness and irritations, is limited to
such slight relief for bladder irritations as it may afford because
of its properties as a weak diuretic, and that “I. H. C. Dorelle
Hair Tonic,” advertised as being capable of stimulating hair
growth and preventing falling hair, has no value in stimulating
hair growth, or in preventing falling hair except as it may assist
in temporary removal of dandruff scales.

The complaint further alleges that the respondent’s advertise¬
ments concerning the preparations “Wahoo Bark,” “Geroca Herb
Compound” and “Trilax Herb Tea,” constitute false advertise¬
ments in that they fail to reveal that use of these preparations
under conditions prescribed in the advertisements or under usual
conditions, may result in serious injury to health. (4460)

Wayne-Towneseiul & Company — Misrepresentation in the sale
of men’s wearing apparel is alleged in a complaint issued against
.'\lbert Walters, trading as Wayne-Townesend & Co., 1001 Chestnut
St., Philadelphia.

According to the complaint, the respondent promotes a mer¬
chandising plan under which a participant paying $1 a week for
39 weeks would be entitled to receive a garment.

Through his agents and otherwise, the respondent is alleged to
make representations such as that a drawing or some similar method
would be held weekly at the respondent’s place of business for
the selection, by lot or chance, of a participant’s name; that a
participant so selected would receive a garment without further
payment on the contract, and that, in order to advertise the
merchandising plan, a suit or other garment would be given in
certain instances to a participant after three, four or other small
number of payments had been made.

The complaint alleges, however, that no such drawings have
been held, and that a suit has never been given to a participant
for less than the contract price, either through a method of em¬
ploying a chance feature or to advertise the respondent’s mer¬
chandising plan. (4461)

Webster Eleetrie Company — A complaint has been issued
charging Webster Electric Company, Racine, Wis., with misrep¬
resentation in the sale of fuel units for oil burners.

According to the complaint, the respondent advertised that the
capacity of its “Webster Electric Fuel Unit” is greater than that
of any other fuel unit on the market; that the unit is more easily
serviced than are all similar devices, and that it is the only device
of its kind having the outboard bearing outside of the seal.

The complaint further charges the respondent with representing
that the unit’s dependability exceeds that of similar devices, and
that, during a certain year, more oil burners would be equipped
with its fuel unit than with the fuel unit of any competing
manufacturer. (4456)

STIPULATIONS

Following stipulations have been entered into during
the past week;

Agnes IMacGregor, Inc., 350 North Clark St., Chicago, cos¬
metics distributor, has entered into a stipulation to cease using on
labels affixed to its products or in advertising matter representa¬
tions directly asserting or implying that use of any of its prepara¬
tions will, among other things, effectively cleanse enlarged pores,
eliminate blackheads, be a proper treatment for all types of acne,
penetrate into the second layer of skin tissue, remove crows
feet, wrinkles or fine lines, nourish the skin, promote the growth
of new hair, and correct dandruff. (3031)

Cass Bean & Grain Co., 603 Germania Ave., Bay City, Mich.,
has entered into a stipulation in which it agrees to cease adver¬
tising that “Snelling’s Dog Food” will prevent skin diseases, w'orms,
and other ailments, and that it will assure better health, or re¬
sistance to colds and distemper. The respondent further agrees
to cease representing that it guarantees its food, unless the nature
and extent of the guarantee are clearly disclosed. (02726)

John K. F]vans & Co., Second and Erie Sts., Camden, N. J.,
have entered into a stipulation to cease and desist from certain
representations in the sale of leathers imported from France.

According to the stipulation, the respondent sells certain of its
imported leathers to novelty manufacturers for use in making
ladies’ handbags, belts and other novelty articles. In shipping
memoranda and invoices, the stipulation continues, the respond¬
ent has represented its leathers as “Black French .\nt. Fin. Suede”
or as “Black French Ant. Suede” and certain manufacturers adver¬
tised the articles made from these leathers as “Imported French
Antelope Suede.”

The leathers referred to in the memoranda and invoices were
not made from the skin of the antelope, according to the stipula¬
tion and the respondent agrees to cease using in its printed matter
the word “Antelope” or the abbreviation “Ant.” in connection
with the words “Black French Suede” or “Black French Fin.
Suede” as descriptive of leathers not made from the hide of an
antelope. (3033)

M. I>. (irogliaii Company — Merwin B. Grogan, trading as
M. B. Grogan Co.. 122 South Michigan .\ve., Chicago, distributor
of greeting cards, has entered into a modified stipulation to cease
and desist from advertising “free samples” or making any other
use of the word “free” or similar expression in a manner pur¬
porting a gift or gratuity only, where any consideration such as
payment of money, rendering of services, or otherwise, is required
of the person receiving articles of merchandise sent in response
to his request for such free samples or other gratuity. The respond¬
ent further agrees to desist from inducing a customer to order
samples or other goods by deceptively concealing the terms of
the transaction. The original stipulation, executed in May, 1940,
has been rescinded. (2819)

Harrington Publishing Company — John Harrington, trading
as Harrington Publishing Company, Portland, Oreg., has entered
into a stipulation in which he agrees to cease certain representa¬
tions in the sale of a correspondence course designated “Harrington
Diesel Conversion Method.”

The respondent stipulates that he will cease advertising that
those who study the course can earn from $15 to $25 a day, and
that prospective purchasers can make profits in a specified time
which exceed the average net profits theretofore consistently made
by purchasers of the course in like periods of time under normal
conditions.

The respondent further stipulates that he will cease employing
the word “Diesel” as part of the name of his course or otherwise
representing that the method will enable one to convert an ordi¬
nary gasoline engine into an engine in which the crude oil used as
fuel is ignited by the heat resulting from the high compression of
air drawn into the cylinders. (02723)

K. H. Macy & Co., Inc., New York, entered into a stipulation
to cease certain representations in the sale of rugs.

The respondent corporation agrees to desist from use of the
w'ords “Oriental.” “Chinese,” “Persian,” “Numdah” or other dis¬
tinctive Oriental names as descriptive of rugs not made in the
country or locality designated; from use of the words “Oriental
Reproductions,” “Oriental Copies,” “Chinese Reproductions,” “Per¬
sian Reproductions,” “Numdah Reproductions” or the words
“reproduction” or “copy” or similar w’ords as descriptive of rugs
which are not reproductions or copies of the types named, that
is, true counterparts or reconstructions in all particulars.

F-nder its stipulation, the respondent further agrees to cease
using the words “Oriental,” “Chinese,” “Persian,” “Numdah” or
other distinctively Oriental appellations in connection with any
rug or carpet w’hich does not contain all the essential qualities
and properties of such types of rugs; unless, when properly em¬
ployed to describe the design or pattern only, such w'ords shall
be immediately accompanied by a word like “design” or “pattern”
printed in equally conspicuous type to clearly indicate that only
the form delineated on the surface of the rug or carpet is a likeness
of the type named; for example, “Oriental Design” or “Chinese
Pattern.” (3032)

Seneca Specialties — George A. Springstead, trading as Seneca
Specialties, 24 Main St., Geneva, N. Y., entered into a stipulation

in which he agrees to cease advertising that the hair preparation
“Nova” will banish gray hair, or impart the original or former
color or the exact shade desired, and to cease representing or
implying by any other terminology that the product w’ill have
more than a slight coloring action on the hair. The respondent
also stipulates that he will desist from representing that the use
of Nova cannot be detected; that Nova is blended or balanced
according to a F'rench formula, and that the respondent is assisted
by a staff of employees. (02725)

Sinitli Products — Trading as Smith Products, H. B. Smith,
226 East Orchard Ave., Council Bluffs. Iowa, stipulated that he
will cease advertising that “Smith’s Rat Kill” will stop destruction
by rats, is a sure or quick death for rats, and will stop waste due
to rats; that the preparation w'ill be taken by rats under all baiting
conditions, and that it is approved by the United States Department
of Agriculture. (02724)

CEASE AND DESIST ORDERS

Commission has issued the following cease and desist
orders:

Coiitiiienlal liaking Company — Seven Sioux City. Iowa,
bakery products dealers and a labor union local whose members
operate delivery trucks belonging to the different bakeries, have
been ordered to cease and desist from agreements tending to re¬
strain trade in bakery products.

The respondents are: The Continental Baking Company, Wil¬
mington, Del., operating a Sioux City plant; The Sioux City
Bakery; Metz Brothers Baking Company; F'red W. Lenhardt,
trading as Quality Bakery; Emil A. Madsen, trading as Madsen
Bakery; Jake Schindler, trading as Iowa Bakery Company;
.Anthony Pages, trading as Sunkist Cake and Pie Company; Local
No. 383 of the Chauffeurs, Teamsters and Stablemen and Helpers
Union, and Glenn Beaman, Charles Cunningham, Jim Brookhart,
William Carlson. O. G. Foster, Ralph Johnson and Howard Foutz,
officers of the union local, all of Sioux City.

Commission findings are that following a strike of union drivers
of bakery trucks in Sioux City in 1938, the seven respondent
baking companies and the labor union local entered into a con¬
tract under which they prevented independent route men who had
entered the business of delivering and selling bakery products,
subsequent to January 1, 1938, from obtaining bread and other
bakery products for sale in the Sioux City area. After the agree¬
ment w'as made by the respondents, members of the respondent
union local accosted the independent route men and by threats
forced them to cease their operations and go out of business,
according to findings.

The Commission order directs the seven bakery dealers, the
labor union local and its officers, representing the membership,
to cease and desist from entering into or carrying out any agree¬
ment or understanding, the purpose or effect of which is to hinder
or suppress competition in the purchase, sale and distribution of
bread, cakes, or other bakery products; to cease entering into,
carrying out or enforcing any agreement to classify dealers for
the purpose or wdth the effect of preventing any dealer or class
of dealers from obtaining bakery products for resale, and to dis¬
continue the use of threats or other coercive methods or practices
pursuant to agreement or understanding with each other or with
others to prevent any bakery, dealer, or route man from purchasing
and receiving or selling and delivering bakery products.

The Commission dismissed its complaint in this proceeding as
to Interstate Bakeries Corporation, Kansas City, Mo., operating the
Schultz Baking Company, Omaha, Nebr. According to findings,
this respondent had not entered into the contract between the
respondent bakeries and union. (3900)

Imperial Kiiif'e Co., Ine., and Colonial Knife Co., Inc., both
of Providence, R. I., and Utica Cutlery Co., Utica, N, Y., have
been ordered to cease and desist from using the word “Scout”
or similar words as markings for knives not endorsed by The Boy
Scouts of America, and to discontinue representing that their
"Scout” knives are a part of the equipment of that organization's
members. (4115-4116-4117)

February 14, 1941 — 155

KeVigator Corporation, 1630 Hanna Building, Cleveland, and
its president, E. O. Loeber, have been ordered to cease and desist
from misrepresentations in the sale of their "ReVigator Pressure
Cap,” either alone or in combination with their preparations
"ReVigator Liquid Home Treatment for Scalp and Hair,” and
■‘ReX’igator Liquid Shampoo.”

Commission findings are that the respondents, in advertising
‘‘The Re\dgator System of Home Treatment for the Scalp and
Hair,” represented that use of the pressure cap provides a cure
or remedy for falling, fading and thinning hair, and for dandruff
and baldness, and a means of making new hair growth. However,
according to findings, the use of this cap, alone or in com¬
bination with the respondents’ preparations, will not accomplish
the results claimed and the cap has no therapeutic value in treat¬
ing such conditions in excess of cleansing the hair and scalp
and temporarily removing accumulated dandruff scales.

The Commission order directs that the respondents cease dis¬
seminating advertisements containing such representations. (4329)

Walker & Woodward, liie. — A Casper, Wyo., corporation and
four individuals have been ordered to cease and desist from mis¬
representation in the sale of "George’s Compound,” a medicinal

preparation. The respondents are Walker & Woodward, Inc., J.
Lawrence Walker and T. Kyle Woodward, trading as Walker
& Woodward, and Nick A. George and John G. Brown.

Commission findings are that the respondents disseminated
periodical, radio and other advertisements representing that
"George’s Compound” has substantial therapeutic value in the
treatment of all ailments and conditions except cancer and diabetes,
and that it is a cure, remedy and effective treatment for some 60
specified diseases or conditions.

According to findings, the respondents’ preparation possesses
no therapeutic properties except that its use for rheumatism, colds,
influenza, tonsillitis, arthritis, muscular aches and pains, sore
throat, headache, fever or backache results in a temporary pallia¬
tion of attendant pain or discomfort due to its analgesic properties,
and that stomach, digestive and gastric disturbances may be bene¬
fited when these conditions are associated with an insufficient flow
of gastric juices.

The Commission order directs the respondents to cease and
desist from disseminating advertisements which represent that their
preparation constitutes a cure or remedy for the specified ailments
or conditions, or possesses any therapeutic value in the treatment
of any ailment in excess of affording a stimulus to the flow of
gastric juice, a mild stimulus to the appetite, and a temporary
and palliative relief from aches and pains. (4194)

156 — February 14, 1941

1626 K STREET, N. W.

WASHINGTON, D. C.

Vol. 9, No. 8, February 21, 1941

THE WEEK IN WASHINGTON

Facing criminal prosecution in a Federal Court by
the Department of Justice as an alternative, ASCAP’s
Board of Director's last night signed a Consent Decree,
(p. 157)

C. E. Hooper reports that there has been no noticeable
increase or decrease in the size of the radio audience as a
result of the absence of ASCAP music in the majority of
radio stations. Other BMI news, including the acquisi¬
tion of new catalogs and the announcement of the forma¬
tion of a special “Public Domain Lyrics Department,” is
found on pp. 158-161.

Samuel Rosenbaum, IRNA Chairman, answers Senator
Wheeler’s attack on radio commentators, (p. 161)

Asserting that he did not want to “promise” Chairman
Fly of the FCC this week declared that the final monopoly
report may be expected shortly, possibly next week.

(p. 161)

A full report of the Fourth Annual Broadcast Engineer¬
ing Conference, by Lynne Smeby, NAB Director of Engi¬
neering, including discussions of television, reallocation,
FM coverage, is found on p. 162.

A new compilation of pending Federal and State legis¬
lation is given by NAB Counsel, Russel Place, (p. 165)

The Federal Communications Commission reports the
operation of 881 stations as of February 1, 1941.
(p. 167)

Reports from all over the country indicate industry¬
wide action in NAB’s effort to bring about an orderly
procedure for Radio’s “Movin’ Day.” (p. 167)

^Members will be particularly interested in the Appendix
of this week’s Report, showing the measurement of broad¬
cast advertising volume by units and classification for
November, which has just been compiled by the Re¬
search Department. This valuable information is of
particular importance in control of sales efforts and in
production of new business. Research Director Paul
Peter shows managers how this information can mean
more and better time sales, (p. 177)

Many stations, included in the itinerary have an oppor¬
tunity to present the outstanding impressions of radio,
magazine, and newsreel executives, who are being taken
on an aerial tour to inspect x^rmy camps and National

Defense preparation. Ed Kirby as Civilian Radio Ad¬
visor to the War Department, will be on hand to assist
stations in lining up broadcasts. The complete itinerary
of this trip is on p. 164.

ASCAP CAPITULATES

Facing criminal prosecution in a Federal Court by
the Department of Justice as an alternative, .^SCAP’s
Board of Directors last night signed a Consent Decree.

While the details of the decree were still being nego¬
tiated at press time, Neville Miller declared “It will be
necessary to make a careful study of the Consent Decree
to ascertain its full effects upon the present music situa¬
tion. We hope that its effect will be to create and main¬
tain an open and competitive market for music. Such
a competitive market is, in our opinion, necessary if
American creative genius is to have freedom of oppor¬
tunity.”

Meanwhile a general meeting of x4SCx'\P’s membership
was to be held last (Thursday) night at the Hotel Astor
in New York City for the purpose of presenting the Decree
for ratification.

After the signing of the Decree ASCxAP issued the
following statement:

ASCAP’s Statement

“The Board of Directors of the American Society of Composers,
Authors and Publishers, at a special meeting held this (Wednesday)
morning, unanimously approved and authorized signature by the
Society of a Consent Decree, the terms of which were negotiated
in its behalf with the Department of Justice by Special Counsel,
Charles Poletti, and Milton Diamond, associated w'ith General
Counsel, Schwartz and Frohlich of the Society.

“This action marks the termination of litigation between the
Department of Justice and the Society under the Anti-Trust Laws
which has been in and out of the courts since 1934.

“The Decree as proposed bv Assistant Attorney General Thurman
Arnold, and accepted by ASCAP, modifies previous policies of the
organization in respect to licensing the public performance for
profit by broadcasters and others of copyrighted musical works, by
providing that ASCAP may not as heretofore be an exclusive agent
in behalf of its members, but that the members individually may
deal directly with users if that is their preference. This privilege
is, however, conditioned upon the member notifying ASC.4P of
the intention to deal directly, and also that any fees charged by
the member shall be paid into ASCAP by the user and distributed
according to ASCAP’s royalty distributing formulae. The Decree
further provides that individual members of ASC.AP may not
appoint any other agency than ASC.AP for the re-sale of rights,
and specifically prohibits them from appointing Broadcast Music,
Inc., as an agent in that regard.

“The Decree also stipulates that any person who regularly prac-
( Continued on page 158)

February 21, 1941 — 157

Neville Miller, President C. E. Arney, Jr., Assistant to President

Edward M. Kirby, Director of Public Relations; Joseph L. Miller,
Director of Labor Relations ; Paul F. Peter, Director of Research :
Russell P. Place, Counsel; Lynne C. Smeby, Director of Engineering

ASCAP CAPITULATES
(Continued from page 157)

tices the profession of songvvriting shall be eligible to membership
in ASCAP upon the production and regular publication of one
song, instead of live compositions which has heretofore been the
minimum rec^uirement for eligibility to membership in the Society.

"Another provision of the Decree stipulates that the Board of
Directors of ASCAP must be elected by the general membership
as rapidly as the terms of present directorships expire. The practice
heretofore has been for the Board of Directors itself to elect suc¬
cessors to vacancies.

"Another provision of the Decree provides for a broadcaster at
his option to have the privilege of securing a license to utilize the
ASCAP repertoire upon either a blanket basis as has heretofore
prevailed, or a "per program” basis, in either case paying fees only
in respect of such programs as make use of ASCAP music.

“In the case of network broadcasts, the Decree puts into effect a
provision w'hich has been a main source of contention of the exist¬
ing controversy, that is, that as to such broadcasts the entire fee
for the use of copyrighted music must be paid by the originating
station, and no fee whatever paid by the interconnected stations.

“The Decree is to become effective ninety days after it is ap¬
proved by the U. S. District Court for the Southern District of
New York.

“Commenting upon the Decree, Gene Buck, President of the
Society, said:

“ ‘ASCAP accepts this Decree in a completely conciliatory and
cheerful spirit, and in utter good faith, and with every intention
of meticulously fulfilling its every condition. We are entirely will¬
ing to accept its guidance as to our future policies, and we feel
that while we have been in complete disagreement with the De¬
partment of Justice as to the alleged illegality of any phase of our
operations or policies which have for more than a quarter of a
century remained unchanged, we nevertheless believe that on the
whole the Decree’s conditions will clarify the whole atmosphere
and certainly we are very pleased to at last be operating in full
accord rather than in constant disagreement w'ith the Department
of Justice.

“‘I would like to say that while the Department of Justice has
been firm and determined in its approach to and discussion of these
differences, it has nevertheless shown a constant disposition to be
fair within its construction of the law.

“ ‘ASCAP has no objection whatever to its Board of Directors
being elected by the general membership, and in years past has
frequently suggested such a procedure only to have the suggestion
rejected by the general membership, which has preferred to con¬
tinue the policies of more than a quarter of a century in this regard.
Likewise, ASCAP has no objection whatever to reducing the re¬
quirement for eligibility for membership as to a person regularly
practicing the profession of songwriting, to one published composi¬
tion instead of five which has heretofore been the general rule,
though to this there have been many exceptions. Also, we have no
objection whatever to offering broadcasters their option of a license
upon either a blanket basis as has heretofore prevailed or a “per
program” basis relating only to programs which use ASC,4P music.

“ ‘During past years many offers have been made to broadcasters
of such an alternative, and repeatedly the National Association of
Broadcasters has Ijecn requested to prepare the details of a formulae
providing for a "per iirogram” license plan. We have always be¬
lieved that the most economical, efficient and generally .satisfactory
method of liiensing (lie use of more than a million cop>’righled
musical compositions is to ilo so u|)on a blanket basis. We feel
very conl’Kleiit that the broadcasters will find any other b:rsis much

more costly. Our belief is based upon more than a quarter of a
century of experience in licensing the use of copyrighted music in
more than thirty thousand public amusement enterprises. We
shall be glad to try another method in the case of such users as
prefer it.

“ ‘ASCAP is of course especially pleased to note the government’s
complete agreement of the soundness and justice in the case of a
network broadcast of the entire copyright fee being paid by the
originating station. This has been a principal bone of contention
between ASCAP and the broadcasters in connection with the pro¬
posed new licensing agreement.

“ ‘It is our sincere hope that the broadcasters, who have hereto¬
fore consistently refused to negotiate or discuss their differences
with us, will now decide to do so, to the end that the American
public may be no longer deprived of its opportunity to hear on
radio the musical works of the foremost composers of the United
States and Europe.’

“A general meeting of ASCAP’s membership will be held at the
Astor Hotel on Thursday evening for the purpose of presenting the
Decree for their ratification.”

BMI

NO SIGNIFICANT CHANGE IN RADIO
AUDIENCES

The most recent surveys both by the C. E. Hooper
organization and by the Cooperative Analysis of Broad¬
casting (Crossley) show that there has been no noticable
increase or decrease in the size of the radio audiences and
no marked change in listening habits as a result of the
absence of ASCAP music from the majority of radio sta¬
tions.

The latest regular C. A. B. Report is made the subject
of a feature article in the current issue of Variety, which
lists various musical programs showing gain and those
showing loss. There is a danger in drawing conclusions
from slight variations in the showing of programs because
under the method by which any survey is conducted there
is room for a certain amount of fluctuation without any
actual change at all in the situation which is being investi¬
gated by the survey — in other words a variation which is
regarded as a normal statistical fluctuation, having no
significance. In the last C. A. B. Report only one evening
commercial of an hour’s length showed a change greater
than this normal statistical allowance. That was Fred
.Allen’s hour which showed a gain. Out of 80 half-hour
evening programs only 17 showed a change greater than
the margin allowed for purely statistical variations. Of
these, 8 were musical shows or variety shows using music
as a secondary appeal. Three of these showed gains.
Of the 5 which showed losses, 2 were musical quizzes the
change in which is probably to be accounted for by the
fact that quiz programs of all kinds showed a drop. That
leaves the programs which might be assumed to be af¬
fected by music showing exactly a 50-50 stand.

A similar conclusion is reached by the survey made by
the Hooper organization making a comparison between
December and February.

158 — February 21, 1941

PUBLIC BACKS THE BROADCASTERS

The February 17th issue of Tap & Tavern carries the
following item:

Philadelphians sympathize with the broadcasters in their current
battle with ASCAP, the Front Door Ballot Box, conducted by
Dan E, Clark, 11, of the Evening Public Ledger, found in a
survey recently completed in that city.

In an effort to find out what popular sentiment is in a dis¬
pute which has kept all ASCAP music off the programs of the
major radio networks since January 1, the Ballot Box polled a
typical cross-section of Philadelphia’s citizens.

Among other things, it discovered;

F'irst. That practically one-third of the city (32 percent) is
unaware that any dispute is going on, and

Second. That although a majority thinks that the barring of
ASCAP tunes has lessened somewhat their enjoyment of the
radio, they are, nevertheless, opposed to ASCAP and would like
to see the radio stations win out.

Of those who had heard of the ASC.4P dispute, the Front
Door Ballot Box asked whom they favored, ASCAP or the radio
stations. Results showed:

ASCAP 25 percent

Radio stations 42 percent

Neither 18 percent

No opinion 15 percent

Eliminating those who had no opinion or wanted
neither side to win, the score stood;

ASCAP 38 percent

Radio stations 62 percent

CONTINUITY DEPARTMENT VALUED BY
MEMBER STATIONS

BMI’s Continuity Department, which prepares intro¬
ductions which announcers may use in presenting BMI
numbers and plans scripts for programs of BMI’s new
music and standard arrangements, has been receiving
expressions of approval and appreciation. An interesting
example is a letter from Station KMYC at Marysville,
California, saying:

“We have found the Continuity Department very helpful. You
might also be interested in knowing that the first series of Gilbert &
Sullivan scripts were used to close a long term contract with an
account we had been seeking for several months.”

The Continuity Department wishes all member sta¬
tions to know that it is glad to cooperate with them in
building continuities for specific purposes, commercial
and otherwise. So many BMI stations have found the
BMI scripts to be of great use with respect to spot an¬
nouncements and partial commercial sponsorships that
the department is anxious that all stations should under¬
stand the nature of this service which BMI is offering
them.

BMI GETS NEW CATALOGUES

Broadcast Music, Inc. announces the acquisition of a
catalogue of selections of Golden Gate Publications, con¬
sisting chiefly of Hawaiian numbers. The new music came
to BMI in accordance with the terms of an agreement
with the Peer International Corporation. Among the

many songs are; Dusky Hula Eyes, It Happened On the
Beach at Waikiki, Moon O’er Hawaii, Love Song of Old
Hawaii, and Sweet Hawaiian Maid.

BMI has also acquired the performing rights in the
catalogue of the Stevens Music Company, publishers of
the currently popular song, / Do, Do you.

SPECIAL PUBLIC DOMAIN LYRICS
DEPARTMENT FORMED

Continuing to expand its activities in all phases of
music production, Broadcast Music, Inc., announced the
formation of a special Public Domain lyrics department,
headed by Irving Weill. The new department, which is
entirely separate from BMPs lyric department for popu¬
lar songs, was created to meet the demand of performing
artists and BMI stations for lyrics to use with BMI’s
Orchestral Library of Public Domain selections. Because
ASCAP-owned copyrights of most P.D. numbers cover
words as well as melody, BAII arrangements of public
domain selections are being supplied with lyrics from
either original source, or new copyrighted words written
by free-lance writers. To date, lyrics for some 75 numbers,
including those for Melody In F , Dark Eyes and Martha,
have been written and hundreds are scheduled for future
publication.

Mr. Weill joined BMI after some 20 years of experi¬
ence in the music and radio field. He was for several
years connected with M. Witmark & Sons before leaving
the music business for work in radio. Mr. Weill has also
been associated with the Columbia Broadcasting System
as musical coach and director and prior to his affiliation
with BMI did free lance musical work for the National
Broadcasting Company and other radio stations in New
York City.

BMI TUNES IN NEW ROOSEVELT
PICTURE

BMI tunes. Hi, Si! , What’s Cookin’, Broadway Cabal¬
lero, and Peter Piper, will be featured in James Roosevelt’s
forthcoming production. Pot Of Gold, which stars James
Stewart and Paulette Goddard and Horace Heidt’s orches¬
tra. The tunes are by Lew Forbes and Henry Russel.
A double set of lyrics will be issued for Hi, Si! , What’s
Cookin’ — one for the rhythm or hot bands, and the other
for straight performance. Release to BMI member sta¬
tions some time next month is scheduled.

CONTRACTS SIGNED FOR BMI SONG
SHEETS

Lyrics of BMI songs are to appear in two song sheets
to be issued monthly — one 16-page sheet to sell for five
cents and one 32-page sheet to sell for ten cents. BMI
has just signed contracts with the I). S. Publishing
Company, Inc., and with the Charlton Publishing Cor-

February 21, 1941 — 159

poration granting these companies the right to use BMI
lyrics in ilustrated song sheets which will be devoted exclu¬
sively to songs published and licensed by BiNII. Subject
to cancellation provisions, the contracts run to March 31,
1944.

BMI FEATURE TUNES
February 24-March 3

1. HIGH ON A WINDY HILL

2. YOU WALK BY

3. HERE’S MY HEART

4. WHERE’S THE CAPTAIN’S HAT

5. IT ALL COMES BACK TO ME NOW

6. MAY I NEVER LOVE AGAIN

7. I CAN’T REMEMBER TO FORGET

8. WISE OLD OWL

9. ACCIDENT’LY ON PURPOSE

10. KEEP AN EYE ON YOUR HEART

11. BECAUSE OF YOU

12. ALL I DESIRE

13. WALKIN’ BY THE RIVER

14. LET’S DREAM THIS ONE OUT

15. LITTLE SLEEPYHEAD

16. TALKING TO THE WIND

17. BREAKFAST FOR TWO

18. I LOOK AT YOU

19. SHADOWS IN THE NIGHT

20. STONE’S THROW FROM HEAVEN

Billboard this week restores its list of 20 songs with
most radio plugs, announcing that it does in response to
numerous requests. All numbers listed are, of course,
covered by the BMI license. The record gives gratifying
evidence of an increased diversification in radio programs.
Of the 20 songs 4 come from the catalogue of the South¬
ern I’ublishing Company, 3 from E. B. IMarks, and 1
from the Stevens Music Company. The rest are BMTs
own publications.

'I'he 10 sheet music best sellers last week were all
numbers published or licensed by BMI. And again 8
of the 10 leading records were also BMI numbers. In
Billboard’s record of the biggest money makers in the
coin machines, 4 of the 7 were BMI numbers, including
There I Go, heading the list and appearing for the eleventh
week. The Variety lists, obviously made up from very
different reports, showed 5 of the 10 leaders carrying the
BMI Hag including Frencsi and I Hear a Rhapsody,
which stand at numbers 1 and 2 respectively.

BMI BRINGS GEMS OF JAZZ

Hot Jazz is not dead on the airlanes, despite the
protest of Tin I’an Alley publishers that the ASCAP-

Radio situation would kill swing. Prime platters of jazz
evergreens that have been marked o. k. for broadcast¬
ing range from the new Hit Parade favorite There’ll
Be Some Changes Made, first made famous by Tesch
and the Chicagoans, down to Astoria Strut, recorded in
New Orleans in 1929 by a small combination lead by
trumpeter Lee Collins.

.4mong the outstanding jazz jam tunes which radio
stations and orchestras throughout the country have
available for performance are Cherry, Rockin’ Chair,
Georgia On My Mind, Lazy River, You Can Depend
On Me, Jazz Me Blues, Shim-Me-Sha-Wabble and Song
Of The Islands.

Of especial interest to collectors and musicians is the
fact that many compositions recorded by jazz combi¬
nations and never heard on the air before are now made
available through BMI. Foremost among these selec¬
tions are the classic Minor Drag, recorded by Fats Waller
in 1930, and Pleasin’ Paul, recorded by the great Luis
Russel band with Trumpeter Henry (Red) Allen, Jr., and
Trombonist J. C. Higginbottam.

Other tunes in the BMI books are Moten Swing and
Moten Stomp, two of Bennie Moten’s outstanding sides;
King Oliver’s Mule Face Blues, Sugar Foot Strut, re¬
corded by Louis Armstrong on the old Okeh Label;
Balling the Jack, Crescent City favorite Mary Lou
Williams’, Froggy Bottom; and Didn’t He Ramble, the
old New Orleans marching tune, whose stirring melody
has been swung along Perdid and Rampart Streets by
every New Orleans jazzman from Buddy Bolden on.

BMI’S ONE IN A THOUSAND

More than 1,000 manuscripts from hopeful tunesmiths
pour into the offices of BMI each day, and in this
mountain of music the general average of material suit¬
able for publication and radio performance is about one
in one thousand. Examination of the fifty most recent
BMI publications, representing the pick of 50,000 sub¬
mitted manuscripts, reveals that they have been created
by many composers with diverse occupations, including
nine profession musicians, among them Horace Heidt,
the band leader; one newspaper man now drilling in
the ranks of the selectees; and the American Household
Poet, Edgar Guest, who has written At Home, When
lights Are I^ow, in collaboration with Maurice Wetzel,
Chicago radio program director. Another of BMI’s new
songs, Penthouse On The Palisades, was written by a
Philadelphia dentist and a postoffice clerk.

The desire of the oflrce worker for the romance of
the wide-open spaces is refiected in the novelty western
song Little Hobby Horse, written by a mid-western
bookkeeper, and published last month by BMI.

Milton Rettenberg, Chief Music Editor, offers the fol¬
lowing advice:

160 — February 21, 1941

“I Love You may be a welcome sentence to millions of American
girls, but it has proven to be the stumbling block to more than
one hopeful songwriter. Probably the greatest fault of the
amateur songsmith is the lack of freshness of his work. Hundreds
of songs on the ‘love and you’ theme are received by BMI each
day, but it is the song with the new twist or an original approach
that is accepted.

“Originality of the expression of a familiar idea in a different
way is one of the major points to be remembered in the creation
of a song and an ingenious title or phrase has been responsible
for the success of many hits. Professional songwriters are always
on the alert for some new phrase around which to build a song,
amateurs, on the other hand, are content to write what they
consider a good song without realizing that the same thing has been
used in a thousand other songs.”

ROOKIE FATHERS A FEATHER

Walter Brevig of the New York Herald Tribune staff,
composer of the new BMI tune She Wears A Feather In
Her Hat, and Miles Apart, which was number six on the
Hit Parade in February 1937, now carries the address
Private Walter Brevig, G. Company, 1222nd Reception
Center, Camp Upton, N. Y.

Cyrano said, “I have kept my plume” and Kay Vin¬
cent, Fashion Editor of the Herald Tribune, has kept
hers despite Hitler. Thereon hangs the song She Wears
A Feather In Her Hat which has been picked up by
BMI. Brevig will soon hear it coming over the air at
Camp Upton.

“When you see a gal wearing a feather in her hat,”
says Brevig, “while the talk of the country centers
around lease-and-lend bills, crisis in the Balkans and
the invasion of England, you are impressed. It is not
too hard to get a tune.”

Brevig comes from a musical family. He was born
in Oslo, Norway, when his parents were on a visit there
and has lived on AlcCord Avenue in Merritt, Long Island,
since he was six. A cousin in Norway is director of a
large glee club and McCord Avenue is named after Nancy
AIcCord, Broadway musical star. Brevig began on the
Tribune as a copy boy and recently was promoted to
the telegraph desk. He hopes to write some tunes around
army life, but so far, he says, “Aly only taste of military
life is a two-mile hike through the rain.”

ROSENBAUM ANSWERS WHEELER’S
CHARGE

In a statement released over the weekend, Samuel R.
Rosenbaum, Chairman of the Independent Network
Affiliates, answered the criticisms of Senator Wheeler con¬
cerning the alleged bias of radio commentators. Mr.
Rosenbaum’s statement follows:

“Senator Wheeler is quoted as stating that he ques¬
tioned whether the affiliated stations have been as care¬
ful as the network originating stations to give equal time
to both sides of every public question, particularly on
the Lend-Lease Bill and American neutrality.

“Speaking for the affiliates, T am quite positive Sen¬
ator Wheeler is not correctly informed. There is no class

of business men in the country more aware of public
service obligation than the owners and operators of the
network-affiliated stations. We are at all times eager to
bring to our listeners views on both sides of current
controversial questions.

“Apart from the legal requirement, it makes for vital
and thought-provoking programs and that increases our
listening audience, something every station desires.

“We have no editorial policies. We do not color our
news. It may be that there is an overwhelming current
of public opinion running one way or another, but we
do not create it. Each listener draws his own conclusion.

“It would be a calamity for American freedom if it
were otherwise. We want to preserve freedom in radio
from unwarranted censorship or coercion.

“If Senator Wheeler believes that individual stations
have knowingly departed from this standard, our group
will be the first to see to it that it be maintained.”

Monopoly Report Soon — Fly

Monopoly report is in the works ECC Chairman James
Lawrence Ely told a press conference early this week.
Answering a specific question the Chairman said that it
is possible that the Commission might receive a draft
of the monopoly report from the Legal Department this
week. However, Mr. Ely said that he did not want to
“promise” this.

The Chairman told newsmen that the draft might be
considered by the Commission next week. He stated that
the general scope and extent of the Commission’s report
has already been discussed by the Commission and the
Legal Department in outline form. “In other words,”
Air. Ely said, “the Commission knows what it is going
to get.”

Chairman Fly told the correspondents that the Com¬
mission will take time on the report and “be sure to do
the job right.” He said that “a thoroughgoing and con¬
vincing Commission report is necessary.”

Chairman Fly was asked regarding complaints received
by the Commission in connection with news commenta¬
tors. Air. Fly said that he did not believe that a great
many such complaints are received. He contended that
the FCC in its administration of the Communications
Act must see “that the avenues of free speech be kept
open.”

Engineering

REPORT ON ENGINEERING CONFERENCE

The fourth annual Broadcasting Engineering Confer¬
ence opened on the campus of the Ohio State University
at Columbus, February 10. Over 250 engineers from all

February 21, 1941 — 161

parts of the country were in attendance. All the meet¬
ings were presided over by Dr. W. L. Everitt, Director
of the Conference.

F. V. Hunt of Harvard University, speaking on the
subject “Sound Reproduction From Recordings,” said
that it was his opinion that a frequency range up to
15,000 cycles could be attained on transcriptions. He
said, however, that the development of such transcrip¬
tions would probably be expensive.

Television

The subject of “Television” was covered during five
Conference periods. The first period, entitled “Television
Standards,” was conducted by W. R. G. Baker, Chairman
of the National Television System Committee. iMr. Baker
was assisted by the chairmen or their alternates of the
nine NTSC panels and each one explained the part of
the standards developed by his committee. Peter C.
Goldmark, of the Columbia Broadcasting System, pre¬
sented a paper entitled “Color Television” in which he
illustrated with slides the work he has carried on in de¬
veloping the CBS Color Television System. Harry Saden-
water of the RCA Manufacturing Company discussed the
status of television. It was Mr. Sadenwater’s belief that
television can develop into the greatest entertaining and
advertising medium we have ever known. Mr. Saden-
water pointed out the possibility that if television were
allowed to grow on a normal basis that it could become
a big factor in National Recovery at the end of the
present crisis the same as Sound Broadcasting aided the
nation in recovering after the World War.

The subject “Studio Acoustics” was discussed by Paul
J. Washburn of Johns-Manville Corporation. He went
into the factors involved in acoustically treating broad¬
casting studios.

Polyphase Experiment

The Polyphase Broadcasting Experiment carried on at
WHO was described by Paul Loyet, technical director
of the Central Broadcasting Company. He said that there
was a 50% saving in the modulator capacity of the trans¬
mitter and that the scheme probably was only feasible
for high-powered stations.

Re-Allocation

The re-allocation and high frequency broadcasting were
the principal topics during the “General Discussion and
Question Box,” conducted by Andrew D. Ring, assistant
chief engineer of the FCC with Lynne C. Smeby of NAB
as chairman. Mr. Ring spent considerable time discus¬
sing the re-allocation problems and covered the various
items in detail, using FCC release number 47182 as a
guide. Mr. Ring told the engineers that the FCC had
carefully investigated the obtaining of crystals before
ordering the re-allocation into effect on such short notice.

He said that the FCC had been assured by the manufac¬
turers that they would be able to produce the required
crystals. Upon discussing the NAB request that the reg¬
ular experimental period of 1 to 6 a. m. be extended to
midnight to 7 a. m., Mr. Ring asked for a vote among
the engineers present to see if they thought this would
be desirable. A unanimous vote was registered by all
of the engineers in support of the request. The NAB
requested that this special authority be given until March
30. In discussing FM rules and regulations, Mr. Ring
said that the FCC was studying modifications of its
coverage requirements for commercial operation.

Recent developments in Speech Input Systems was
discussed by C. M. Lewis and J. D. Colvin of the RCA.
They discussed the additional problems involved in ex¬
tending the frequency range of audio facilities from 10,000
to 15,000 cycles.

H. F. Olson of the Radio Corporation of America, spoke
on the subject “Loud Speakers.” Mr. Olson discussed the
various factors involved in building loud speakers with a
satisfactorily low distortion.

The members of the “Round Table on Receivers” were
J. Kelly Johnson of the Hazeltine Corporation, E. B. Pas-
sow of the Zenith Radio Corporation and W. L. Dunn
of the Belmont Corporation. Receiving sets were dis¬
cussed in light of how they are correlated with the radio
transmitters in order to form the complete broadcasting
system. This subject became so interesting that an addi¬
tional informal session was held on the subject.

The first paper on High Frequency Broadcasting was
presented by Edwin H. Armstrong of Columbia Univer¬
sity. The chief proponent of FM discussed the status of
frequency modulation.

FM COVERAGE

Stuart Bailey of Jansky & Bailey discussed the subject
“FM Allocation and Coverage.” He discussed the FCC
procedure for determining the coverage FM stations
should have under various conditions. He pointed out
that it was sometimes necessary to modify an FM appli¬
cation more than once before the proper coverage could
be arrived at.

One of the most interesting papers of the conference
was that presented by Harvey Fletcher of the Bell Tele¬
phone Laboratories entitled “Hearing the Determining
Factor for High Fidelity.” Mr. Fletcher said that the
hearing of over two million people was tested at the San
Francisco and the New York World’s Fairs. He dis¬
cussed the tone and volume range of various music and
set the limits for a perfect system. He then showed how
these ideal conditions could be compromised in order to
meet practical considerations and still render a high fidel¬
ity service to the listener. Mr. Fletcher discussed Binaural
Transmission and described a series of tests made, using

162 — February 21, 1941

Binaural and Diotic transmission. The Diotic system
used had a frequency characteristic up to 15,000 cycles.
A low pass cut-off filter was used on the Binaural system.
The following table lists the low-pass cut-off frequency
of the Binaural system and the percentage of the ob¬
servers preferring the quality from the Binaural system
as against the percent who preferred the 15,000 cycle
Diotic system.

Low-pass

Binaural

Diotic

cut off

Percent

Percent

8500 cycles

68

32

5500 “

58

42

4510 “

70

30

3750 “

50

50

2850 “

42

58

iNIr. Fletcher continued that more extensive tests on
this subject were needed. He felt that there is a great
possibility of improvement in using a Binaural system
of two 7,500-cycle channels as against a single channel
of 15,000 cycles. He explained the effects produced on
the ear by various sounds and said that there was very
little to be gained in going above 8,000 cycles even when
using one channel. IMr. Fletcher explained another ex¬
periment conducted by the Bell Laboratories. He said
that a number of observers were asked to giv^e their pref¬
erence between a system cutting off at 5,000 cycles and
another cutting off at 8,000. There was a preference of
20 to 1 in favor of the wider band. The same group was
then subjected to a test between an 8,000 and a 15,000
cycle system. The votes between these two conditions
were practically even.

IM. L. Levy of the Stromberg Carlson Company dis¬
cussed FjM receivers. Mr. Levy covered the various de¬
sign features involved in producing FM receivers.

Transmission Lines

“UHF Antennas and Transmission Lines” was the sub¬
ject of the presentation made by Andrew Alford of the
Mackay Radio and Telegraph Company. IMr. Alford dis¬
cussed in particular the turnstyle antenna invented by
Dr. Brown and the horizontal ring antenna invented by
himself. He also discussed the various methods of feed¬
ing F'HF antennas. He pointed out that a coaxial trans¬
mission line could be unbalanced as much as three to
one without introducing serious additional losses provided
the line in the first place was an efficient one. He also
pointed out that open transmission lines have much lower
loss for the same amount of copper used provided the
line is balanced. He showed that the radiation losses on
a properly balanced open line are, for all practical pur¬
poses, negligible in comparison to the copper losses. Mr.
Alford also pointed out that open lines have mechanical
problems which are not present in coaxial lines such as
sleet forming on the conductors, thereby changing char¬
acteristics.

Raymond F. Guy, National Broadcasting Company,

discussed the subject “FM Field Tests.” He described
the elaborate tests made by NBC, comparing amplitude
modulation, frequency modulation with a deviation of
15 k.c. and FM with a 75 k.c. deviation. Mr. Guy
played a set of test records showing the threshold effect
with various deviations.

Kenneth A. Norton of the FCC Technical Information
Department discussed UHF transmission. Mr. Norton
showed how the atmosphere and ground conditions effect
radio transmission with particular emphasis on the UHF
spectrum. He also outlined the theory involved in re¬
flection from the Ionosphere.

IMr. E. K. Jett, chief engineer of the FCC, was sched¬
uled to talk on the subject “Communication and Na¬
tional Defense” on Tuesday night. Mr. Jett was not
able to attend the conference because of an attack of
flu and his place was taken by Gerald C. Gross, chief
of the International Section of the FCC. IMr. Gross’ talk
covered the organization and functions of the Defense
Communications Board. He pointed out that communi¬
cation was of vital concern in our national defense.

Tuesday night, February 18, the conference was ad¬
dressed by Mr. Homer Dudley on the subject “The
Vocoder or Remaking Speech Electrically.” Mr. Dudley
demonstrated with the Vocoder the various elements in¬
volved in speech. He also showed how music could be
remade from the words recited in a monotone.

The subjects of the conference during the first week
and up through Wednesday of the second week have been
covered. The balance of the program to be given on
Thursday and Eriday will be outlined in next week’s
NAB Reports.

COMPLETE NTSC REPORTS AVAILABLE
FOR SUBSCRIPTION

Notice from Bond Geddas, E.xecutive V’ice President of
RM.^ and Trustee of NTSC, advises that the complete
reports of the proceedings, including all standards and
technical data, of the National Television System Com¬
mittee which were presented January 27 to the ECC, are
available for subscription. The reports of the NTSC main
committee and its nine panels comprise 2,000 pages in
10 bound volumes and include, in addition to the recom¬
mendations of proposed television broadcasting trans¬
mission standards, the detailed record of the meetings
and discussions of the NTSC main committee and all
panels. This includes the wide range of technical papers,
reports of studies, tests, investigations and demonstra¬
tions, bibliographies and correspondence developed in the
minutes of the work by the entire NTSC membership,
which totaled 168 experts and comprise some 40 organi¬
zations.

The 10 volumes of the NTSC reports comprise a most
significant contribution yet made to the literature of

February 21, 1941 — 163

television, with the vast amount of material which has
been developed.

A few sets of the complete reports of 10 volumes are
available at cost, by subscription, and they are of especial
interest to those who will be concerned in the public
hearing ordered by the FCC on television, scheduled for
March 20. Subscription orders at $250 for each complete
set and check should be sent to Air. Bond Geddes, Trus¬
tee, National Television System Committee, c/o Radio
Manufacturers Association, 1317 F Street, N. W., Wash¬
ington, D. C.

NOTICE TO ALL STANDARD BROADCAST
LICENSEES

Supplementing the FCC’s announcement concerning
the North American Regional Broadcasting Agreement,
all standard broadcast stations are permitted to test be¬
tween 12 midnight and 7 a. m., local standard time, pro¬
vided the operation between 12 midnight and 1 a. m. is
restricted to unmodulated carrier only and precautions
are taken to avoid interference to stations maintaining a
regular schedule during the period from 12 midnight to
1 a. m. local standard time.

It is hoped that all broadcast licensees vrill cooperate
in enabling adjustments to be made properly on the new
freciuencies. In cases where interference may be caused
to regular operation, but program schedule has no par¬
ticular or unusual significance, it is recjuested that such
licensees cooperate in making the testing possible.

All testing should be done on a dummy antenna when
feasible. Where no dummy antenna is available, the low
power stages should be tuned completely before the last
power stage is tuned.

It has been suggested that stations on local channels
could check their frequency by observing the heterodyne
note between their station and other stations on the chan¬
nels at the outskirts of the service area. If it is found
that the heterodyne note is in the order of a few cycles
with the majority of the signals on the channels, it is
reasonable to believe that the station is within the re¬
quired tolerance of the assigned frequency. This method
of checking should be used only for preliminary checking.

'I'he monitoring schedule from Alarch 10 to 15 has been
cancelled. Alonitoring schedule for the month of April
should be observed at the same time as now scheduled.

Any broadcast licensee experiencing any particular
difficulty which the Commission may be able to assist
in resolving should advise the Commission of the facts
promptly.

ARMY AERIAL TOUR OFFERS PROGRAM
POSSIBILITIES

A group of well-known radio, magazine and newsreel
executives have been invited Ijy the War Department

to make an aerial tour of inspection of Army camps
and activities next week. Under the direction of Lieu¬
tenant Colonel Frank A. Allen Jr., chief. Pictorial and
Radio Branch, the Bureau of Public Relations, the group
will arrive at Dayton, Ohio, on the morning of February
27. Ed Kirby, N.AB Director of Public Relations, on
leave of absence as Civilian Radio Advisor to the War
Department for radio, will be in the party.

To facilitate those stations who desire to broadcast
the impressions of National Defense preparations of the
prominent people on the tour, the itinerary and tentative
arrival and departure schedule is given below.

To arrange for broadcasts, stations should contact the
commanding officers at the posts concerned. Air. Kirby
will be available to assist the stations in completing prep¬
arations for any broadcasts upon arrival.

Date

Station

February 27

February 28

March I

March 2
March .?
March 4

March 5

March 6

March 7
March 8

March 9

March 10
March 11

March 12

Arrive Wright Field, Dayton, Ohio, 11 a. m.

Visit of inspection of .Air Corps activities at that
station.

Leave Wright Field 3 p. m.; arrive Fort Knox,
Kentucky, S p. m.

Visit of inspection of activities at Armored Force,
Fort Knox, Kentucky.

Leave Fort Knox 1:30 p. m. for Fort Sill, Oklahoma.
.Arrive Fort Sill, Oklahoma, 8 p. m.

Activities incident to Field .Artillery School and
Field Artillery Training, Fort Sill, Oklahoma.
Leave Fort Sill 2 p. m.; arrive Tucson, Arizona,
8 p. m.

Leave Tucson, Arizona, 9 a, m.; arrive Los Angeles,
California.

Los Angeles, California — activities incident to pro¬
duction of LL S. Army aircraft,

Los Angeles, California — activities incident to mo¬
tion picture cooperation in furthering national de¬
fense interests.

Leave Los Angeles, California, 7:30 a. m.; arrive
Fort Bliss (El Paso), Texas, 12:30 noon,

.Activities incident to training, 1st Cavalry Division,
Fort Bliss, Texas.

Leave Fort Bliss 7:30 a. m. for San .Antonio, Texas;
arrive San .Antonio 12:30 noon.

Activities incident to Air Corps and Infantry, San
.Antonio, Texas.

Activities incident to Infantry and .Air Corps train¬
ing, San Antonio area.

Leave San .Antonio 7:30 a. m., for Maxwell Field,
.Alabama.

Arrive Maxwell Field 12:30.

Activities incident to training of .Air Corps per¬
sonnel at that station.

Leave Maxwell Field 9 a. m, for Fort Benning,
Georgia.

Arrive Fort Benning, Georgia, 11 a. m.

.Activities incident to Infantry School, Infantry
Division, and Armored Force.

Leave Fort Benning 8 a. m.

.Arrive Fort Bragg 10 a. m.

.Activities incident to Field Artillery Firing Center
and Infantry Division training.

Leave Fort Bragg 2 p. m.

.Arrive Langley Field, Alrginia, 4 ]). m.

.Activities incident to GHQ .Air Force and Coast
.Artillery Training, Fort Monroe, A'irginia.

Depart for Washington, D. C., anive Bolling Field.

164 — February 21, 1941

NEW REMOTE RECORD TOPS ALL— 2,563
MILES

Business of reporting “record,” single station, long¬
distance remote pick-ups continues. Latest record is for
2563 miles — Honolulu to Fresno, Cal.

Manager Clyde F. Coombs, claims premier honors for
KARIM, Fresno. His claim is based on the New Year’s
Day broadcast, from Honolulu, of the game between the
Fresno State College Bulldogs and the Roaring Rainbows
of Hawaii. Says Mr. Coombs:

“We sent Dick Wegener, our sportscaster, to Hawaii
with the Bulldogs to cover the Pineapple Bowl Classic.
Dick not only broadcast this game, but also presented
a fifteen-minute greeting program, exclusively for KARM
listeners, on Christmas night.

“He used equipment he took along with him, as well as
some furnished by KARM’s sister CBS station, KGMB.
But neither of the broadcasts were released in the Islands.
RCA short-waved the broadcasts across the Pacific to
San Francisco. Telephone lines from there to Fresno
completed the transmission facilities.

“It’s 2563 miles from Honolulu to Fresno, and only
1627 miles from Peoria to Los Angeles, the last ‘record’
printed in NAB Reports.”

LISTENERS LIKE UTILITY SHOW

Broadcast stations continue to deliver for utility com¬
panies. Proof is the case of WROK, Rockford, Ilk, and
the Central Illinois Electric and Gas Company. The pro¬
gram is broadcast six times per week for a total of one
and one half hours. Despite the fact that the original
contract had a thirteen week cancellation clause, three
13-week periods have gone by with no cancellation in
sight.

Recently, the utility’s monthly mailing piece, “Home
Fires,” which goes to 30,000 Rockford homes each month,
contained a story on the company’s WROK program,
“Town Crier.” It was written without the station’s
knowledge. Tone of the article indicates the company’s
great satisfaction with the program.

The “Town Crier” gives publicity to meetings and
special programs of religious, school, fraternal, civic and
social organizations. It frequently contributes to public
service by locating articles of value which have been lost
and even finding pets which have strayed. One writer
was cjuoted as saying the program was a “civic necessity.”

According to Bill Traum, WROK promotion director,
NAB’s utility survey of January 16, 1940, was of assist¬
ance in getting the utility on the air.

SAM HENRY’S NEW JOB

Samuel J. Henrjq who resigned as supervisor of the
NAB Bureau of Radio Advertising, effective February

1, has become radio director of Vincent Tutching and
Associates with offices in Washington, D. C.

ED CRAIG’S TRIBUTE TO RADIO AT WMC
CEREMONY

Tribute to the American System of Broadcasting and
a plea that its riches be used to maintain democracy, not
destroy it, was made by Edwin W. Craig, WSM, Nash¬
ville, and NAB District 6 director, on the recent dedi¬
cation program of WiMC studios, Memphis.

“The .American System of Broadcasting, the finest
and freest to be found in the world,” said IMr. Craig, “is
based squareh^ on the American principles of democracy.
In comparatively recent years this new force has come
into our possession. Its full possibilities and potentiali¬
ties are yet unknown, but we all know that it has an edu¬
cational force. As a social force it has the power to
remake our national life; and, conversely, wrongly used,
to turn forces capable of destroying our way of life and
our civilization. Certainly it behooves us to give serious
thought to radio in all its phases that it may be used
here in America to promote the greatest good — that its
power not be abused lest we find that its riches have been
squandered and we, as a nation, have become the poorer.

“WMC, Memphis, Tennessee, has served to make
American radio better radio, and this occasion marks but
another milestone in its record of faithful public service.
My hearty congratulations, my sincere good wishes!”

Legislation

FEDERAL

HOUSE

H. R. 3331 (Kramer, D-Calif.) COPYRIGHT— To amend
section 8 of the Copyright Act of March 4, 1909, as amended, so
as to preserve the rights of authors during the present emergency,
and for other purposes. Referred to Committee on Patents.

H. R. 3456 (Kennedy, D-N. Y.) To protect the public, sponsors
of broadcasting programs, broadcasting stations, performers, and
all persons interested in radio from being deprived of the enjoy¬
ment by means of radio broadcast of music. Referred to Committee
on Interstate and Foreign Commerce.

SENATE

S. 864 (Bone, D-Wash.) COPYRIGHT — To amend section 8
of the Act entitled “An Act to amend and consolidate the .^cts
respecting copyright”, approved March 4, 1909, as amended, and
for other purposes. Referred to Committee on Patents.

S. 918 (Hatch, D-N. M., and \'an Nuys, D-Ind.) To provide
for the more economical, expeditious, and just settlement of dis¬
putes with the United States, and for other purposes. Referred to
Committee on Judiciary.

STATE

,4rk,\nsas:

H. 362 (Gates) BROADCASTING— LEGISLATIVE ACTIVI¬
TIES — To create a Board of Public Information, to provide for
broadcast of proceedings of both House and Senate of General
Assembly. Referred to Committee on Elections.

February 21, 1941 — 165

California:

A. 3S4 (Field) FRAUDULENT ADVERTISING— JEWELRY
— Tightens the unfair trade practices act to prevent fraudulent
advertising of jewelry. Referred to Committee on Government
Efficiency.

A. 2347 (Dills, i;t al.) MUSIC BROKERS — An act relating
to the regulation and licensing of music brokers. Referred to
Committee on Judiciary General.

S. 1287 (Kenny) ■ RADIO SOLICITATION— INITIATIVE
PETITIONS — An act relating to improper radio solicitation on
behalf of initiative petitions. Referred to Committee on Judiciary.

Connecticut:

H. 1096 (Miller) EMPLOYMENT AGENCIES— Concerning
Private Employment Agencies, Referred to Committee on Judi¬
ciary.

H. 1635 (Faulkner) COPYRIGHTS— MUSICAL COMPOSI¬
TIONS — Relates to copyrights and public performing rights in
musical compositions and dramatico-musical compositions; repeals
all laws in conflict herewith. Referred to Committee on Judiciary.

H. 1732 (Carpenter) SLANDER — LIBEL — Concerning utter¬
ing slanderous or libelous remarks against any race or religion,
providing for fine or jail sentence. Referred to Committee on
Judiciary.

H. 2409 (Same as S. 1041) LIBEL — Concerning breach of the
peace, intimidation and libel. Referred to Committee on Judiciary.

H. 2424 (Same as S. 1056) CORRUPT PRACTICES— Providing
for changes in statutes referring to corrupt practices — sponsor of
advertising, in printed form, on radio or in movies must be dis¬
closed. Referred to Committee on Judiciary.

H. 2453 (Same as S, 1085) COPYRIGHTED MUSIC — Con¬
cerning copyrighted music, providing that no one other than true
or original composer shall issue licenses or agreements for public
rendition of copyrighted music unless licensed by secretary of state
— licensors shall file organization papers with secretary of state —
penalties for violation. Referred to Committee on Judiciary.

S. 1041 (Geelan) LIBEL — Concerning breach of the peace,
intimidation and libel. Referred to Committee on Judiciary.

S, 1056 (Coles) CORRUPT PRACTICES — Amending the pro¬
visions of Chapter 39 of the General Statutes, providing for changes
in statutes referring to corrupt practices — sponsor of advertising,
in printed form, on radio, or in movies must be disclosed. Re¬
ferred to Committee on Judiciary.

S. 1085 (Sullivan)— COPYRIGHTED— LICENSES— Concern¬
ing copyrighted music, providing that no person, firm, corporation
or association, other than true or original composer, shall issue
licenses or agreements for public rendition of copyrighted music
unless licensed by secretary of state. Referred to Committee on
Judiciary.

S. 1196 (Murphy) DENTISTS— ADVERTISING— Amending
Section 1014e of the 1939 Supplement to the General Statutes,
providing for striking out subdivision twelve thereof referring to
advertising by dentists. Referred to Committee on Public Health
and Safety.

S. 1972 (Same as H. 1096) EMPLOYMENT AGENCIES—
Concerning private employment agencies. Referred to Committee
on Judiciary.

S. 2017 (Same as H. 1141) LIBEL — RETRACTION — Concern¬
ing actions of slander and libel, providing for no action of slander or
libel shall be instituted until the defendant has refused to retract
the alleged slanderous or libelous charge in w'riting after a reason¬
able time and providing for the filing of a bond by the plaintiff.
Referred to Committee on ludiciarv.

S. 2394 (Same as H. 1635) COPYRIGHTS— MUSICAL COM¬
POSITIONS — Concerning copyrights and public performing rights
in musical compositions and dramatico-musical compositions and
repealing all laws in conflict herewith. Referred to (Tommittee on
Judiciary.

S. 2491 (Same as H. 1732) SL.ANDER — LIBEL — Concerning
uttering slanderous or libelous remarks against any race or religion,
providing for fine or jail sentence. Referred to Committee on
Judiciary.

Georgia:

H. 281 (Dorsey) SMALL LOANS — To regulate the business of
making loans in the amount of ,‘ii300.00 or less. Referred to Com¬
mittee on General Judiciary No, 1.

Indiana:

H. 501 (Korn) COPYRIGHT INCOME TAX— Levies 20 per
cent tax on incomes received from selling, licensing or otherwise

166 — February 21, 1941

disposing of performing rights of copyrighted compositions, gives
Secretary of State authority to license such business. Referred to
Committee on Judiciary B.

Maine:

H. 676 (.\rzonico) DENTISTRY — Relating to the practice of
dentistry; provides for annual dental examining law. Referred to
Committee on Public Health.

S. 345 (Hildreth) ADVERTISING — To prevent fraudulent ad¬
vertising. Referred to Committee on Judiciary.

Maryland:

H. 277 (Cordish) INSURANCE COMPANIES— ADVERTIS¬
ING — Providing that it shall be unlawful for any insurance com¬
pany, association, society, exchange, adviser or other person to
publish or broadcast advertisements regarding insurance in un¬
licensed companies, associations, etc., or persons to solicit insurance
business or offer advice on insurance matters. Referred to Com¬
mittee on Insurance and Loans.

H. 291 (Kopers) racial DISCRIMINATION — To add seven
new sections to Article 27 of the Annotated Code of Maryland
(1939 Edition), title “Crimes and Punishments”, to be under sub¬
title “Racial or Religious Hatred, Propaganda Inciting”, said new
sections to be known as Sections 534A to S34G, inclusive, making
unlawful any prooaganda or acts inciting or tending to incite racial
or religious hatred. Referred to Committee on Judiciary.

Minnesota :

H. 428 (Mann, et al.) MUSIC— Code to regulate ASCAP and
BMI. Referred to Committee on Judiciary.

S. 469 (Mullin) employment AGENCIES— Relates to
licensing and regulating employment agencies. Referred to Com¬
mittee on Labor.

Missouri:

H. 56 (Turner) TRUSTS AND POOLS — Repealing Section
8301, Article 1, Chapter 43, Revised Statutes, 1939, relating to
pools, trusts, conspiracies and discriminations; enacting in lieu
thereof. Sections 8301 and 8301a.

Montana:

H. 188 (Judiciary Committee) MUSICAL COMPOSITIONS —
COPYRIGHTS— Relates to copyrights and public performance
of musical compositions. Referred to Committee on Judiciary
CCH H. 1572 (Murray, et al.) RADIO — TAX — REGULA¬
TION — Regulating radio broadcasting and taxing chain stations.

New Hampshire:

H. 278 (Velishka) PRACTICE OF DENTISTRY— Relating
to the practice of dentistry. Referred to Committee on Public
Health.

New Jersey:

A. 54 (Herbert) MUSIC — COPYRIGHTS — Regulates monopo¬
listic activities under the guise of copyrights by price-fixing com¬
pensations and pools ; defines a method w'hereby copyrighted musi¬
cal works shall be used; substitutes a “per piece” system of fees.
Referred to Committee on Taxation.

New Mexico:

H. 81 (Love) MUSIC TEACHERS— LICENSE— To license
music teachers and musical entertainers for hire. Referred to Com¬
mittee on Educational Institutions.

New York:

A. 619 (Wright) (Same as S. 455) INSURANCE SERVICE
ORGANIZATIONS — Prohibits insurance service organizations from
using phrase “supervised by the insurance department of the state
of New York” or its equivalent or any part thereof. Referred to
Committee on Insurance.

A. 703 (Ehrlich) CHILD LABOR — Prohibits employment of
children under 16 years of age in certain enterprises that are
dangerous to life, limb or morals and authorizes education boards
and districts to issue permits tb child for singing, dancing, and
theatrical exhibition and the making of motion pictures; exhibitions
for church, academy or school or in amateur radio program at
regular broadcasting station are excepted. Referred to Committee
on Education.

S. 598 (Hampton) (Same as A. 703) CHILD LABOR— Prohibits
employment of children under 16 years of age in certain enterprises
that are dangerous to life, limb or morals and authorizes education
boards and districts to issue permits to child for singing, dancing
and theatrical exhibition and the making of motion pictures;

exhibitions for church, academy or school or in amateur radio
program at regular broadcasting station are excepted. Referred to
Committee on Education,

S. 800 (Perry) BROADCASTS— RECORDINGS— Makes it
petit larceny for person to sell, lease or license any recording of
broadcast obtained without consent in writing of performer or of
sponsor of broadcast or of owner of broadcasting station, and
provides that records may be seized on warrant and destroyed by
court order; broadcasts of lectures on political, educational, re¬
ligious or civic nature are excepted. Referred to Committee on
Codes.

Ohio:

H. 548 (Coughlin) MUSIC BROKERS — LICENSING — To
provide franchise taxes on music brokers.

Oregon:

S. 281 (McKenna, et al.) MUSIC PUBLISHERS — MONOP¬
OLY — Prohibits a combination of two or more music publishers
as monopoly; publishers to pay five cents copy fee to secretary
of state.

South C.\rolina:

S. 120 (Parler) small LOANS— REGULATION— To define
and regulate the business of making loans in the amount of three
hundred ($300.00) dollars or less. Referred to Committee on
Banking and Insurance.

South Dakota:

H. 286 (Trippler) COPYRIGHTED MUSIC— TAX— Provides
for license and franchise tax for the rendition of copyrighted
music.

Tennessee:

S. 790 (Mahoney) EMPLOYMENT AGENCIES — Regulating
public employment agencies.

Texas:

H. 377 (Alsup, et al.) RADIO RECEPTION — Making it a
misdemeanor, and imposing a fine of not less than one dollar and
not more than twenty-five dollars for any person who shall inten¬
tionally interfere, obstruct, or willfully keep radio programs from
being clearly brought in over radios. Referred to Committee on
Criminal Jurisprudence.

Washington:

H. 264 (Schumann) RADIO DEFAMATORY MATTER— De¬
fines liability of station for broadcasting defamatory matter over
radio, or by television. Referred to Committee on Judiciary.

Ray E. Dady, KWK, St. Louis, has accepted an ap¬
pointment as Legislative Contact man at the Missouri
capital. (NAB Reports, p. 32.)

NOTICE TO ATTORNEYS

The FCC has invited the attention of attorneys ap¬
pearing before it to its rule (Sec. 1.254) concerning
the time for filing motions. This rule is designed not
merely to afford other parties to the proceedings suffi¬
cient time within which to file oppositions to motions
prior to the motions hearing date, but to allow sufficient
time to the Commission itself for the study of such mo¬
tions before the hearing thereon. The latter purpose is
sometimes overlooked by attorneys, with the result that
motions are filed a day or two before the next motions
hearing date with the request that they be heard on such
date. The Commission realizes that there may be cir¬
cumstances which may make it impossible to file earlier,
in which case the iiresiding commissioner may waive the

rule, but to expedite the orderly discharge of the Com¬
mission’s business, such cases should be the exception.

Since there have been a number of inquiries concern¬
ing the day of commencement of the five-day period
specified in the rule, the Commission also desires to
point out that attorneys desiring to have their motions
considered on Friday’s Motions Docket should file such
motions not later than the preceding Saturday.

EDUCATIONAL PROGRAMS

Hugh B. Wood, professor of education at the Univer¬
sity of Oregon, Eugene, Oregon, advises the NAB that
he has available for broadcasters a series of inexpensive
bulletins dealing with educational programs. Interested
members should communicate with Professor Wood.

NAB will be represented at the annual meeting of the
American Academy of Political and Social Science by
Mr. James Anil, Publicity and News Director of Radio
Station KYW, Philadelphia. The appointment was made
by Lee B. Wailes, Manager of Broadcasting of the West-
inghouse Radio Stations, with which KYW is affiliated.

881 STATIONS

During the month of January, 1941, the Federal Com¬
munications Commission issued operating licenses to five
stations and granted one permit for the construction
of a new station. One operating station and one CP
station were deleted. A comparative table by months
follows:

Operating . 769 771 775 779 783 791 799 806 810 816 825 831 835

Construction . 48 51 48 47 53 56 58 57 54 52 51 51 46

817 822 823 826 836 847 857 863 864 868 876 882 881

JOHN KIRBY?

Anyone desiring information about John Kirby should
communicate with Joseph Lang, Secretary-Treasurer,
Station WHOM, 29 West 57th Street, New York City.

GEORGE H. BOWLES?

Information about George H. Bowles will be furnished
by Frank Katzentine, President of WKAT, Miami Beach,
Florida.

Radio Movin’ Day

DANVILLE-LYNCHBURG-ROANOKE

Virginia’s Tri-City group of stations, WBTM, Dan¬
ville, WLVA, Lynchburg, and WSLS, Roanoke, are per¬
fecting aggressive Movin’ Day plans.

February 21, 1941 — 167

It is planned to hold a Radio Rally in each city, now
that preliminary conversations with the radio trade have
been completed. At each call servicemen will leave in
listeners’ homes a brochure which sells the stations’ pro¬
gram service. A section will be devoted to plans which
the station managers have for listeners in the months
ahead. Window displays will be spotted in prominent
locations in shopping district.

HARTFORD

Movin’ Day plans for stations in Hartford, Conn., have
passed the preliminary stages, according to information
via telephone this week. They plan to take Movin’ Day
in their stride.

FIRST LEAFLET ORDER

James L. Howe, WBTM, Danville, 'Va., was first sta¬
tion manager to forward his order for the Movin’ Day
leaflets.

Imprinted with city, call letters and dial location, these
two-color leaflets are ideal for distribution throughout
a station’s entire listening area. Delivery is free. It is
anticipated that large numbers of these leaflets will be
used as they do a nice job, economically. All stations
have been mailed convenient order blanks.

THREE GOVERNORS SAY “OK”

Three of the 48 Governors, up to Thursday, had agreed
to issue Radio Movin’ Day proclamations. West Vir¬
ginia’s Governor, Matthew M. Neely, was first to OK
the proclamation. A few hours later Arkansas’ Governor,
Homer M. Adkins, came through. Governor Payne Rat-
ner, Kansas, was ne.xt.

Orchids to Howard Chernoff, WCHS, Charleston, Ed
Zimmerman, KARK, Little Rock, and Ben Ludy, Topeka,
WIBW, for their fine work.

Gov. Ratner “will make this proclamation in all the
official state papers as of IMarch 15,” said Mr. Ludy.

THIS LETTER MAY HELP

The following letter has been mailed to the heads of
the Department of Education of all 48 states and the
District of Columbia;

“On March 29 approximately 90 per cent of all United States
broadcast stations will change frequencies. Seven hundred and
ninety-five out of 88,1 stations will come in at new dial locations
on the sets used by the girls and hoys of - (state).

"Reallocation occurs after more than three years of deliberation
and planning by the government of the United States, Canada,
Cuba, Mexico and Haiti. It is regarded as a major improvement
in broadcasting and destined to improve over-all reception.

“Perhaps you will find it agreeable to communicate with the

various school executives in - ^(state) to insure that all school

programs be received without confusion or interruption on and
after March 29. School principals and teachers, in turn, could
notify their pupils of the changes and the reasons for them.

“Your cooperation will be sincerely appreciated.

“Enclosure; New Frequency List.”

It is hoped that these letters will induce a fanning out
of Movin’ Day information from state headquarters.

They are no substitutes for contracts which station
managers have locally. They’re intended only to supple¬
ment the more effective local effort.

WHEN TO BEGIN

Several inquiries have been received concerning sug¬
gested dates for taking Movin’ Day to the public. As
seen here it will serve the broadcasters’ purposes best to
put on a “radio blitz” beginning about March 9 or a little
later. Begin strong, increasing the pressure as the day
approaches. This gives three weeks for “conditioning”
listeners to the reasons for this major improvement in
broadcasting and to make them familiar with new dial
settings.

FOUR TALKS TO COME

Commissioner T. A. M. Craven and E. K. Jett, ECC
chief engineer, have accepted our invitation to prepare
official talks on Reallocation for station use. These two
talks with those of ECC Chairman Ely and NAB Presi¬
dent Neville Miller will be mailed as soon as material is
received.

Let us know what you plan to do. It may help some
other fellow. Write Art Stringer.

FIVE NEW FM GRANTS

More than 9,000,000 persons reside in the nearly 28,500
scpiare miles of potential service area of five prospective
FM broadcast stations which received construction per¬
mits from the ECC.

A population of 8,820,000 is in the contemplated
24,600 square mile service area of four FM stations of
Westinghouse Radio Stations, Inc. One such station
plans to serve 9,300 square miles with 4,500,000 popula¬
tion on 45,700 kilocycles from Philadelphia; another con¬
templates service to 6,700 square miles with 3,400,000
population on 46,700 kilocycles from Boston; a third,
2500 square miles with 500,000 population, on 48,100
kilocycles, from Springfield, Mass.; and the fourth, 6100
square miles, 42,000 population, on 44,900 kilocycles,
from Fort Wayne, Indiana.

The other grant went to Rockford Broadcasters, Inc.,
at Rockford, Ill., which proposes to serve 3900 square
miles with 270,000 population on 47,100 kilocycles.

Application of Columbia Broadcasting System, Inc.,
for a station at Boston to use 44,100 kilocycles to serve
16,230 square miles of area with more than 4,300,000
population was designated for hearing.

To date the Commission has authorzied 39 FM stations
to embark on full commercial operation.

168 — February 21, 1941

OVERTIME FOR RADIO INSPECTORS

House of Representatives with practically no debate
this week passed H.R. 533 which amends section 4(f) of
the Communications Act of 1934 to provide for extra
compensation for overtime of inspectors in charge and
radio inspectors of the Field Division of the Engineering
Department of the FCC.

The bill as passed by the House provides: That section
4 (f) of the Communications Act of 1934, as amended
(49 Stat. 1098), is hereby further amended by inserting
after the letter “(f)” the figure “ ( 1 )” and by adding after
section 4 (f) as so amended the following additional para¬
graph:

“(2) The Commission shall fix a reasonable rate of extra com¬
pensation for overtime services of inspectors in charge and radio
inspectors of the Field Division of the Engineering Department
of the Federal Communications Commission, who may be required
to remain on duty between the hours of 5 o’clock p. m, and 8
o'clock a. m. or on Sundays or holidays to perform services in
connection with the inspection of ship radio equipment and ap¬
paratus for the purposes of part II of title III of this act, on the
basis of one-half day’s additional pay for each 2 hours or fraction
thereof of at least 1 hour that the overtime extends beyond S
o’clock p. m. (but not to exceed 2^2 days’ pay for the full period
from S o’clock p. m. to 8 o’clock a. m.) and 2 additional days’
pay for Sunday or holiday duty. The said extra compensation
for overtime services shall be paid by the master, owner, or agent
of such vessel to the local United States collector of customs or
his representative, who shall deposit such collection into the Treas¬
ury of the United States to an appropriately designated receipt
account: Provided, That the amounts of such collections received
by the said collector of customs or his representatives shall be
covered into the Treasury as miscellaneous receipts; and the pay¬
ments of such extra compensation to the several employees entitled
thereto shall be made from the annual approirriations for salaries
and expenses of the Commission: Provided further, That to the
extent that the annual appropriations which are hereby authorized
to be made from the general fund of the Treasury are insufficient,
there are hereby authorized to be appropriated from the general
fund of the Treasury such additional amounts as may be necessary
to the extent that the amounts of such receipts are in excess of
the amounts appropriated: Provided further. That such extra
compensation shall be paid if such field employees have been
ordered to report for duty and have so reported whether the actual
inspection of the radio equipment or apparatus takes place or not:
And provided further. That in those ports where customary work¬
ing hours are other than those hereinabove mentioned, the inspec¬
tors in charge are vested with authority to regulate the hours of
such employees so as to agree with prevailing working hours in
said ports where inspections are to be made, but nothing contained
in this proviso shall be construed in any manner to alter the length
of a working day for the inspectors in charge and radio inspectors
or the overtime pay herein fixed.”

FEDERAL COMMUNICATIONS
COMMISSION DOCKET

Following broadcast hearing is scheduled to be heard
before the Commission during the week beginning, Mon¬
day, February 24. It is subject to change.

Wednesday, February 26

KFRO — Voice of Longview, Longview, Tex. — Modification of
construction permit; 1840 kf.. 5 KW, unlimited, DA night.
Present assignment: 1340 ke., t KW, unlimited, D.\ night.

FUTURE HEARINGS

During the past week the Commission has announced

the following future dates for broadcast hearings. They

are subject to change.

March 6

Consolidated Hearing

WGNY — WGNY Broadcasting Company, Inc., Newburgh, N. Y. —
C. P., 1370 ki‘., 250 watts, unlimited.

NEW — Stephen R. Rintoul, Stamford, Conn. — C. P., 1370 kc., 250
watts, unlimited.

March 28

KGNO — The Dodge City Broadcasting Company, Inc., Dodge
City, Kans. — Modification of license, LIIO kc., 500 watts
night, 1 KW day, unlimited. Present assignment: 1340 kc.,
250 watts night, 1 KW day, unlimited.

March 31

KMLB — Liner’s Broadcasting Station, Inc., Monroe, La. — C. P.,
1410 kc., 1 KW, unlimited, D.A night.

NEW — KNOE, Inc., Monroe, La. — C. P., 1430 kc., 250 watts,
unlimited.

April 7

Joint Hearing

NEW — The Yankee Network, Inc., Boston, Mass. — C. P., 44300
kc., coverage 19,230 square miles.

NEW — Worcester Telegram Publishing Co., Inc., Worcester, Mass.
— C. P., 43100 kc., coverage 20,437 square miles.

April 15

Television

WlXG — General Television Corporation, Boston, Mass. — Modifi¬
cation of license (considered as construction permit) ; 50000-
56000 kc.. 500 watts visual, emission A-5, Sec. 4.4(a).
Present assignment: 42000-56000, 60000-86000 kc., 500
watts visual, emission .4-5, Sec. 4.4(a).

WlXG — General Television Corporation, Boston, Mass. — C. P.,
42000-56000, 60000-86000 kc., 500 watts aural and visual,
emission A-3 and .A-5, Sec, 4.4(a). Present assignment:
42000-56000, 60000-86000 kc., 500 watts visual only, emis¬
sion A-5, Sec. 4.4(a) .

FEDERAL COMMUNICATIONS
COMMISSION ACTION

NEW STATION GRANTS

Hawaiian Broadcasting System, Ltd., Honolulu, T. H. — Granted
construction permit for new broadcast station to operate on
1310 kc., 250 watts, unlimited time, subject to the condi¬
tion that in any authorization to operate after March 29,
1941, the Commission may specify the frequency 1340 kc. in
lieu of 1310 kc. (B-P-2978).

Vermont Radio Corp., Inc., St. .Albans, Vt. — Granted construction
permit for new broadcast station to operate on 1390 kc.,
with 1 KW daytime; requested facilities of station WQDM,
which consents ; order will be issued to dismiss renewal pro¬
ceedings against WQDM (Bl-P-3065).

Harbenito Broadcasting Co., Harlingen, Tex. — Granted construc¬
tion permit for new broadcast station to operate on 1240 kc.,
power 250 watts, unlimited time (B3-P-2747).

Westinghouse Radio Stations, Inc., Philadelphia, Pa. — Granted
construction permit for new high frequency (FM) broad¬
cast station to operate on frequency 45700 kc., 9,300 square
miles, population 4,500,000 (B2-PH-65).

Westinghouse Radio Stations, Inc., Boston, Mass. — Granted con¬
struction permit for new high frequency (FM) broadcast
station to operate on frequency 46700 kc„ 6,700 square
miles, population 3,400,000 (Bl-PH-62).

February 21, 1941 — 169

Westinghouse Radio Stations, Inc., Fort Wayne, Ind. — Granted
construction permit for new high frequency (FM) broadcast
station to operate on 44!)(M) Uc., 6,100 square miles, 420,000
population (B4-PH-63).

Westinghouse Radio Stations, Inc., Springfield, Mass. — Granted
construction permit for new high frequency (FM) broadcast
station to operate on 4810(1 kc., 2,500 square miles, 500,000
population (Bl-PH-64).

Rockford Broadcasters, Inc., Rockford, Ill. — Granted construction
permit for new high frequency (F’M) broadcast station to
operate on frequency 47100 kf., 3,900 square miles, 270,000
population (B4-PH-56).

APPLICATIONS GRANTED

WTXSN — Westinghouse Electric & Mfg, Co. (Assignor), East
Springfield, Mass., Westinghouse Radio Stations, Inc. {\s-
signee). — Granted voluntary assignment of license from
Westinghouse Electric & Mfg. Co. to Westinghouse Radio
Stations, Inc., of high frequency broadcast station WlXSN
(Bl-ALHB-6).

WlXK— -Westinghouse Electric & Mfg. Co. (Assignor), Hull, Mass.,
Westinghouse Radio Stations, Inc. (Assignee) .—Granted
voluntary assignment of license from Westinghouse Electric
& Mfg. Co. to Westinghouse Radio Stations, Inc., of high
frequency broadcast station WlXK (Bl-ALHB-7).

WBZ.A-WEM.^'— Westinghouse Electric & Mfg. Co. (.'\ssignor) ,
Boston, Mass., Portable-Mobile, VV-estinghouse Radio Sta¬
tions, Inc. (.\ssignee). — Granted voluntary assignment of
license from Westinghouse Electric & Mfg. Co. to Westing¬
house Radio Stations, Inc., of standard broadcast station
WBZ,'\ and portable-mobile station WEM.A. ( Bl-.\L-296) .

KDK.\-WEMS-WEMO-WEMC-WAIL\ — Westinghouse Electric &
Mfg. Co. (Assignor), Pittsburgh, Pa., Portable-Mobile,
Westinghouse Radio Stations, Inc. (Assignee). — Granted
voluntary assignment of license from Westinghouse Electric
& Mfg. (To. to Westinghouse Radio Stations, Inc., of standard
broadcast station KDKA and portable-mobile relay stations
WEMS, WEMO, WEMC, and WAHA (B2-AL-295).

KYW-WEMN — Westinghouse Electric & Mfg. Co. (Assignor),
Philadelphia, Pa., Portable-Mobile, Westinghouse Radio
Stations, Inc. (Assignee). — Granted voluntary assignment
of license and construction permit from Westinghouse Elec¬
tric & Mfg. Co. to Westinghouse Radio Stations, Inc., of
standard broadcast station KYW and portable-mobile sta¬
tion WEMN (B2-APL-10).

WRIT — Westinghouse Electric & Mfg. Co. (Assignor), Saxonburg,
Pa., Westinghouse Radio Stations, Inc. (Assignee). — Granted
voluntary assignment of license and construction permit
from Westinghouse Electric & Mfg. Co. to Westinghouse
Radio Stations, Inc., of international broadcast station
WPIT (Bl-APLIB-1).

WBZ-WHER-WEMQ-WEMB — Westinghouse Electric & Mfg.
Co. (Assignor), Boston, Mass., Portable-Mobile, Westing¬
house Radio Station, Inc. (Assignee). — Granted voluntary
assignment of license and construction permit (Bl-P-2998),
(construction permit for reinstatement of construction per¬
mit as modified, Bl-P-2161), from Westinghouse Electric
& Mfg. Co. to Westinghouse Radio Stations, Inc. (Bl-
ALP-11).

WFOR — Forrest Broadcasting Co., Inc., Hattiesburg, Miss. —
Granted construction permit to make changes in equipment
and increase power from 100 watts to 250 watts, night and
day (B3-P-3015).

WGR — Buffalo Broadcasting Corp., Buffalo, N. Y. — Granted con¬
struction permit to move transmitter site to approximately
9 miles south of center of city and install directional antenna
for nighttime use, subject to the condition that no inter¬
ference is caused to Naval aeronautical communications cn
542 ke. ; station operates on 550 kf., 1 KW night, S KW
day (Bl -P-2907 ) .

WEVD — Debs Memorial Radio F’und, Inc., New York, N. Y. —
Granted construction permit to move transmitter to ap-
nroximatelv 1000 feet from present location ; increase power
from 1 KW day and nifht to 5 KW day and night (Shares
with WH.\Z and WBBR), install new equipment and direc¬
tional antenna with different adjustments for day and
night use (B1-P-29SS).

DESIGNATED FOR HEARING

WEEU— Berks Broadcasting Co., Reading, Pa. — .\pplication for
construction permit to increase time of operation from day-

170 — February 21, 1941

time to unlimited and install directional antenna for night
use; 880 kc.. 1 KW LS. (B2-P-304S).

WOOD — King-Trendle Broadcasting Corp. (Assignor), WOOD
Broadcasting Corp. (Assignee), Grand Rapids, Mich. —
Amended application for consent to voluntary assignment
of license for station WOOD from King-Trendle Broad¬
casting Corp. to WOOD Broadcasting Corp.; station op¬
erates on 127(1 kf., 500 watts, shares WASH (B2-.AL-285).

Columbia Broadcasting System, Inc., Boston, Mass. — .4pplication
for construction permit for new high frequency (FM)
broadcast station to operate on frequency 4410(1 kf., 16,230
square miles, hours of operation: minimum 3 day, 3 night
(Bl-PH-79), designated for hearing.

General Electric Co., Schenectady, N. Y. — Designated for hearing
renewal applications of television relay stations W2XI and
W2XD, together with main television station W2XB, which
is located at New Scotland, N. Y.

MISCELLANEOUS

WMC — Memphis Publishing Co., Memphis, Tenn. — Granted spe¬
cial temporary authority to operate with 5 KW power
night, using directional antenna, for a period not to exceed
thirty days, in order to overcome interference from Cuban
Station CMBC, provided such operation with additional
power terminates immediately when CMBC ceases operation
on frequency 78(1 kf., reduces power so that additional inter¬
ference is not involved, and pending reallocation effective
March 29, 1941.

WINS — Hears! Radio, Inc., New York, N. Y. — Granted special
temporary authority to operate additional time March 8,
1941, in order to broadcast the Knights of Columbus
Athletic Meet from Madison Square Garden only.

WCNW — .Arthur Easke, Brooklyn, N. Y. — Granted special tem¬
porary authority to operate with power of 250 watts from
10 p. m., February 12, 1941 to 2 a. m., EST, February
13, 1941, in order to broadcast the Brooklyn Boy Scout
Dinner and the .Annual Brooklyn Republican Dinner only.

WJOB — O. E. Richardson and Fred L. .Adair, Hammond, Ind. —
Granted special temporary authority to operate from 5:30
p. m. to 8 p. m., February 27 and 28, from 6 p. m. to 8
p. m., March 1, from 6 p. m. to 8 p. m., March 8, IS, and
22, 1941, in order to broadcast basketball games described
in letter dated January 30, 1941, only.

WSVA — Shenandoah Valley Broadcast Corp., Harrisonburg, Va. —
Granted special temporary authority to operate from 8:28
p. m. to 10 p. m., EST, on February 12, 1941, in order to
broadcast an address by Honorable Robert P. Taft, Senator
from Ohio, only.

W2XOY — General Electric Co., Albany, N. Y. — Granted extension
of special temporary authority to relay through high fre¬
quency broadcast station W2XOY the frequency modulated
programs of high frequency broadcast station W2XMN
for the period beginning February 11 to not later than
March 1, 1941.

W9XZR — Zenith Radio Corp., Chicago, Ill. — Granted special tem¬
porary authority to operate a high frequency experimental
broadcast station on 328(M( kf., 5000 watts power, special
emission for frequency modulation, with transmitter located
at 135 South LaSalle St., Chicago, 111., instead of SOS N.
Michigan .Ave., Chicago, as authorized December 21, 1940,
for the period ending in no event later than March 1, 1941.

WBOS — Westinghouse Electric & Mfg. Co., Hull Mass. — Granted
special temporary authority to operate international broad¬
cast station WBOS with a power of 50 KW using two
WL-895R tubes in lieu of tubes specified in construction
permit application. File No. Bl-PIB-23 for the purpose
of obtaining data on performance of such tubes preparatory
to securing final approval for a period not to exceed thirty
days.

KV.AN — Vancouver Radio Corp., Vancouver, Wash. — Granted spe¬
cial temporary authority to operate simultaneously with
station KLX from 10 p. m. to 11 p. m., PST, on February
11, 1941, in order to broadcast matter incidental to blackout
in cooperation with the .American Legion and National
Defense Committee only.

KOA' — Salt River A'alley Broadcasting Co., Phoenix, ,Ariz. — Granted
construction permit to install a new transmitter (B5-P-3078).

WIGM — George F". Meyer, Medford, Ore. — Granted modification
of construction permit (B4-P-2501, authorizing new station
to operate on 1500 kf., 100 watts, unlimited time), for ex-

tension of commencement date to April 19, 1941 (B4-MP-
1159).

WPEN — \Vm. Penn Broadcasting Co., Philadelphia, Pa. — Granted
modification of construction permit (B2-P-2658 authorizing
increase in power from 1 to 5 KW, using DA at night )
for authority to install new transmitter and extend com¬
pletion date to 180 days after grant (B2-MP-1160).

KATE — Albert Lea Broadcasting Co., Albert Lea. Minn. — Granted
modification of license to change name from Albert Lea
Broadcasting Co. to Albert Lea-.\ustin Broadcasting Co.,
Inc. (B4-ML-1047).

KGEK — Elmer G. Beehler, Sterling, Colo. — Granted authority to
determine operating power by direct measurement of antenna
input on 12:i0 !«■.. under N.ARBA in accordance with Sec.
3.54 (B5-Z-657).

WEBC— Head of the Lakes Broadcasting Co., Duluth, Minn.—
Granted authority to determine operating power by direct
measurement of antenna input {B4-Z-6S9).

VVDSM — VVDSM, Inc., Superior, Wise.— Granted authority to
determine operating power bv direct measurement of antenna
input (B4-Z-488).

WEDC — Emil Denemark, Inc., Chicago, Ill. — Granted authority
to determine operating power by direct measurement of
antenna input (B4-Z-651).

WMAX — Richland, Inc., Mansfield, Ohio. — Granted authority to
determine operating power by direct measurement of antenna
input (B2-Z-645).

WJJD — WJJD, Inc., Chicago, Ill. — Granted authority to determine
operating power bv direct measurement of antenna input
(B4-Z-664).

WCBT — J. Winfield Grew, Jr., Roanoke Rapids, N. C. — Granted
modification of construction permit (B3-P-2647, authorizing
new station to operate on 120(1 kf., 250 watts, unlimited
time), for approval of studio site at 251 Roanoke Ave.,
Roanoke Rapids, N. C. (B3-MP-1161 ) .

K.\BR — .Aberdeen Broadcast Co., Aberdeen, S. Dak. — Granted
modification of construction permit (B4-P-262S which au¬
thorized new' equipment, changes in directional antenna
system, increase in power to 5 KW day and night) for ex¬
tension of completion date from February 25 to .^pril 25
(B4-MP-1169).

WBRY — .American Republican, Inc., Waterbury, Conn. — Granted
modification of construction permit (Bl-P-2756, which au¬
thorized installation of new transmitter and DA for day and
night use and increase in power) for extension of commence¬
ment date to February 22, 1941 (Bl-MP-1165) .

WRLC — R. C, LeTourneau, Toccoa, Ga. — Granted modification
of construction permit (B3-P-2767, authorizing a new sta¬
tion to operate on 1420 kc., 250 watts, unlimited time),
for installation of new transmitter and change tvpe of antenna
(B3-MP-1166).

WAPO — W, A. Patterson, Chattanooga, Tenn. — Granted modifica¬
tion of construction permit (B3-P-1929, which authorized
increase in power to 1 KW night, 5 KW day: change in
frequency to 1120 kc. ; new transmitter and installation of
DA for night use; and move of transmitter), for changes in
transmitting equipment and extension of commencement date
to 30 days after grant and completion date to 180 days
thereafter (B2-MP-1123) .

W45D — The Evening News Assn., Detroit, Mich. — Granted modi¬
fication of construction permit (B2-PH-21, which authorized
a new' EM broadcast station) for approval of transmitter,
antenna changes, and change in population from 5.641,981
to 2,498,000; 44500 kc.; 6,820 square miles (B2-MPH-3).

W63NY — Marcus Loew' Booking Agency, New' York Citv. —
Granted modification of construction permit (Bl-PPI-3,
w'hich authorized a new EM broadcast station ) , for approval
of transmitter and antenna and change population from
13,950,852 to 12,074,192; IfilKMf kc.; 8,500 square miles
(Bl-MPH-1).

W59NY — Frequency Broadcasting Corp., New’ York City. — Granted
modification of construction permit (Bl -PH-47, which au¬
thorized a new EM broadcast station) for approval of trans¬
mitter and change in population from 11,900.000 to 11,000,-
000; 45900 kc.; 8,500 square miles fBl-MPH-6).

W4SCM — WBNS, Inc., Columbus, Ohio. — Granted modification of
construction permit (B2-PH-8, w'hich authorized a new EM
broadcast station) for change in type of transmitter; 44500
kc.; coverage 12,400 square miles (B2-MPH-5).

WEIX — Memphis Publishing Co., Portable-Mobile (Area of
Memphis, Tenn.). — Granted construction permit for in¬

crease in power of relay station from 5 to 22 watts, and
install new transmitter (B3-PRE-378). Also granted license
to cover same (B3-LRE-338) .

KRJF — Star Printing Co., Miles City, Mont.— Granted modifica¬
tion of construction permit, which authorized a new station,
for approval of studio and transmitter sites at U. S. High¬
way No. 212, south near intersection of road to Miles City
Country Club; approval of antenna, and change in type of
requested transmitting equipment; 1519 kc., 250 watts, un¬
limitedtime (BS-MP-1 127 ) .

KEVR — Evergreen Broadcasting Corp., Seattle, Wash. — Granted
petition for leave to amend application of KEEN (KVL,
Inc.) for construction permit to change frequency from
1379 kc. to 1429 kc., using 100 watts night, 250 w,'atts day,
unlimited time; to substitute Evergreen Broadcasting Corp.
as applicant; and show change of call letters to KEVR;
complete application to be filed on new' form.

WRV.4 — Larus & Brother Co., Inc., Richmond, \’a. — Dismissed
w'ithout prejudice, at request of petitioner, petition to inter¬
vene in the hearing on the application of Symons Broad¬
casting Co., Ellensburg, Wash., for a new station to operate
on 1119 kc., 1 KW, unlimited time.

KGIR — KGIR, Inc., Butte. Mont. — Granted motion for authority
to take depositions in re application of KGNO, The Dodge
City Broadcasting Co., Inc., Dodge City, Kans., for modifica¬
tion of license to increase power to 500 watts night, 1 KW
day, on 1349 kc.

KGIR — KGIR, Inc., and State of Montana. — Granted petition
to continue hearing on application of KGNO now scheduled
for February 26, i'or a period of 30 days.

State of Montana — Granted petition to intervene in the hearing
on application of KGNO, subject to conditions Attorney
General of Montana amend his petition to comply with
rules w’ithin 10 days after receipt of order.

WGNY — WGNY Broadcasting Co., Inc., Newburgh, N. Y. —
Granted motion to consolidate hearing and continue hearing
now set for February 17, for period of 20 days, on applica-
fions of WGNY, Newburgh, N. Y., and Stephen R. Rintoul,
Stamford, Conn., for authority to operate on 1379 kc., 250
watts, unlimited time.

Stephen R. Rintoul, Stamford, Conn. — Dismissed petition to inter¬
vene in the hearing on application of WGNY listed on
previous page ; new issue to be incorporated “to determine
the 'radio service available in Stamford and New'burgh.”

Park Cities Broadcasting Corp., Dallas, Tex. — Granted motion for
consent to amend application for new station to operate on
940 kc., 500 watts, unlimited time, so as to change frequency
power and type of equipment, etc.

KRBC — Reporter Broadcasting Co., Abilene, Tex. — Granted motion
for continuance of deposition proceedings scheduled for Feb¬
ruary 20, and hearing now' scheduled for February 28, on
application for construction oermit to operate on 949 kc.,
1 KW, unlimited time, DA day and night, until Commission
has acted on petition of KRBC for reconsideration.

WDGY — Dr. Geo. WL Young, Minneapolis, Minn. — Granted peti¬
tion to amend application for construction permit to operate
on 1190 kc., 5 KW night, 10 KW local sunset, DA night,
unlimited time, by substituting redesigned directional antenna
system and in certain particulars pertaining to equipment.

WOV — Greater New’ York Broadcasting Corp., New York City. —
Dismissed without prejudice petition to intervene in the
hearing on application of WDGY listed above.

KTRB — KTRB Broadcasting Co., Inc., Modesto, Calif. — Granted
special temporary authority to operate from 7:30 p. m.,
PST, to the conclusion of the Junior Chamber of Commerce
Americanism Rally on February 20, 1941, in order to
broadcast said rally only.

WBA,'\ — Purdue Llniversity, West Lafayette, Ind. — Granted special
temporary authority to operate from 4 to 5 p. m, and
from 7:15 to 9:30 p. m., March 1, from 7:15 to 9:30 p. m.,
March 3. from 7 to 11 p. m., March 7 and 8, from 4 to 5
p. m., March 8 and 15, and from 7:45 to 9:30 p. m., CST.
March 15, 1941, in order to broadcast sports events listed
in letter dated February 7, 1941, only.

WB.VL — The WBAL Broadcasting Co., Baltimore, Md, — Granted
special temporary authority to operate simultaneously
w'ith .station KTHS on 1969 kc., from 6 p. m. to 9:30
p. m., EST, February 15, 1941, in order to broadcast speech
of Thomas S. Beck on the subject "Our South .American
Relations” only.

W9XBK — Balaban & Katz Corp., Chicago, Ill. — Granted extension

February 21, 1941 — 171

of special temporary authority to operate two transmitter
units to be installed and operated from the State-Lake
Bldg., Chicago, Ill.; Link Transmitter Type No. SO-UTX,
100 watts aural; temporary steel tower to be used on roof
of said building, in order to conduct tests, from February
18 to not later than March 19, 1941, in accordance with
construction permit.

William H. .\mesbury, Minneapolis, Minn. — Dismissed application
for new broadcast station to operate on ()3(( kc., 1 KW
[lower, unlimited time, using directional antenna night and
day ( B4-P-2746 ) .

WAKR — Summit Radio Corp., .'Xkron. Ohio. — Dismissed petition
without prejudice to applicant filing an amended applica¬
tion showing the proposed antenna pattern, within such
period as the Commission may determine. (.Applicant re-
ouested construction permit to install new transmitter, make
changes in directional antenna, and increase power from 1
KW 'to S KW.)

William D. and Violet Hutton Hudson, Clarkville, Tenn. — Granted
petition for reconsideration and grant without hearing the
application for a new station to operate on 187(1 kc., 2S0
watts, unlimited time; cancelled the hearing now' scheduled
and granted application (B,l-P-2983 ) .

Clinton Broadcasting Corp., Clinton, la. — Adopted amended order
to permit construction of new station authorized on February
4. to commence construction immediately.

Courier-Post Publishing Co., Hannibal, Mo. — Adopted amended
order to permit construction of new station authorized
on P'cbruarv 4, to commence construction immediately.

Burlington Broadcasting Co., Burlington, la. — .Adopted decision
and order to [lermit construction of new station to start
immediately.

J. Leslie Doss, Bessemer, .Ala. — Denied petition reejuesting Com¬
mission to reconsider its action of December 4, 1940, desig¬
nating for hearing application for new station to use 1870
kc., 250 watts power, unlimited time.

APPLICATIONS FILED AT FCC

570 Kilocycles

WNAX — WNAX Broadcasting Co., Yankton, S. Dak. — Modifica¬
tion of construction permit (B4-P-2S79) which authorized
installation of directional antenna for night use and increase
pow'er, requesting authority to make changes in directional
antenna system.

590 Kilocycles

KGMB — Hawaiian Broadcasting System, Ltd., Honolulu, Haw'aii.
— Construction permit to move formerly licensed RDA 1-D
1 KW transmitter from fronting on Kapiolani Blvd., Hono¬
lulu, Hawaii, to Kapiolani Blvd., Honolulu, Hawaii, for
use as an auxiliary transmitter.

610 Kilocycles

NEW — Inter-City Advertising Co., Charlotte, N. C. — Construction
permit for a new' station to be operated on 610 kc., 500
w'atts night, 1 KW day, unlimited time, directional antenna
day and night. Class HI-B. Amended re antenna and to give
transmitter site as NW Charlotte, N. C.

620 Kilocycles

NEW — Yankee Broadcasting Co., Inc., New York, N. Y. — Con¬
struction permit for a new station to be operated on 620 kc.,
I KW, unlimited time, directional antenna dav and night.
Class HI-B.

680 Kilocycles

WPTF — WPTF Radio Company, Raleigh, N. C. — Modification of
construction permit (B,t-P-2216) as modified, for new equip¬
ment, increase in power from 5 KW to 50 KW, changes
in directional system, requesting extension of completion
date from 3-16-41 to 4-16-41.

780 Kilocycles

KFDY — South Dakota State College. Brookings, S. Dak. — .Author¬
ity to determine operating [)ower by direct measurement of
antenna power on 7!)() kc. under North .American Regional
Broadcasting .Agreement.

KFDV — South Dakota State College, Brookings, S. Dak. — .Author¬
ity to make changes in automatic fre(|uency control ec|uip-

172 — February 21, 1941

ment on 7!)0 kc. under North .American Regional Broad¬
casting .Agreement.

800 Kilocycles

WF.A.A — .A. H. Belo Corp., Dallas, Tex. — .Authority to determine
operating power by direct measurement of antenna power on
820 kc. under North .American Regional Broadcasting .Agree¬
ment.

WB.AP — Carter Publications, Inc., Fort Worth, Tex. — .Authority
to determine operating power by direct measurement of
antenna power on 820 kc. under North American Regional
Broadcasting .Agreement.

920 Kilocycles

NEW — .Alamance Broadcasting Co., Inc., Burlington, N. C. — Con¬
struction permit for a new station to be operated on 800 kc.,
020 kc. under the North American Regional Broadcasting
Agreement, 1 KW, daytime, Class HI.

940 Kilocycles

NEW — Park Cities Broadcasting Corp., Dallas, Tex. — Construction
permit for a new station to be operated on 040 kc., 500
watts, unlimited time, Class HI-B. Amended re stock
ownership.

950 Kilocycles

WTRY — Troy Broadcasting Company, Inc., Troy, N. Y. — License
to cover construetion permit (Bl-P-2910) to install direc¬
tional antenna, change time from daytime to unlimited
time, using 1 KW power night and day.

WTRY — Troy Broadcasting Company, Inc., Troy, N. Y. — Author¬
ity to determine operating power by direct measurement
of antenna power.

WRC — National Broadcasting Co., Inc., Washington, D. C. — Modi¬
fication of construction permit (Bl-P-243) as modified for
increase in power and installation of directional antenna for
night use, requesting extension of completion date from
3-5-41 to 4-5-41.

1120 Kilocycles

WCOP — Massachusetts Broadcasting Corp., Boston, Mass. — Modi¬
fication of construction permit (Bl-P-2710) for change
in hours of o|)eration and installation of directional antenna
for night use, requesting approval of directional antenna
for night use and approval of transmitter site at 300 feet
northeast of present site, Speedway West of Soldiers Field,
Boston, Mass.

1140 Kilocycles

WAPI — Voice of .Alabama, Inc., Birmingham, Ala. — Extension of
special experimental authorization to operate unlimited
time, directional antenna after sunset at Tulsa, Okla., periofl
8-1-40 to 8-1-41. Amended to change name from Alabama
Polytechnic Institute, LTniversity of Alabama, Alabama
College (Board of Control of Radio Broadcasting Station
WAPI) to Voice of Alabama, Inc., and change period
8-1-40 to 8-1-41 to period beginning 3-29-41.

1170 Kilocycles

WCAU — WCAU Broadcasting Co., Philadelphia, Pa. — Authority
to determine operating power by direct measurement of
antenna power on 117(1 kc., and under North American Re¬
gional Broadcasting Agreement 1210 kc.

1180 Kilocycles

KOB — Albuquerque Broadcasting Co,, Albuquerque, N. Mex. —
Modification of construction permit (BS-P-2783) as modi¬
fied, for changes in equipment, increase in power from 10
KW to SO KW, requesting extension of completion date
from 3-8-41 to 5-7-41.

1200 Kilocycles

KMLB — Liner’s Broadcasting Station, Inc., Monroe, La. — Author¬
ity to determine operating power by direct measurement
of antenna power.

NEW — Mosby’s Incorporated, .Anaconda, Mont. — Construction
permit for a new station to be operated on 1110 kc., 500
watts night, 1 KW day, unlimited time. .Amended to change
requested frequency from 111(1 kc. to 1200 kc. (Class IV),
|)ower frotn 500 watts night, 1 KW day, to 250 watts;

make changes in requested antenna; change requested type
of transmitter, and give transmitter and studio sites as
Lincoln St., north of Front, Anaconda, Mont.

VVOLS — O. Lee Stone, Florence, S. C. — Authority to determine
operating power by direct measurement of antenna power.

VVBLJ — Dalton Broadcasting Corp., Dalton, Ga. — Authority to
transfer control of corporation from J. B. Roach to Kene-
mer Brothers, 59 shares of common stock.

WCED — The Tri-County Broadcasting Co., DuBois, Penna. —
•Authority to determine operating power by direct measure¬
ment of antenna power.

KPHO — M. C. Reese, Phoenix, Ariz. — Construction permit to install
a new transmitter.

WJOB — O. E. Richardson & F. L. .\dair, Hammond, Ind. — Author¬
ity to determine operating power by direct measurement
of antenna power.

1210 Kilocycles

WATN — Watertown Broadcasting Corp., Watertown, N. Y. —
License to cover construction permit (Bl-P-809) as modified
for a new station.

WATN — Authority to determine operating power by direct meas¬
urement of antenna power.

WLAG — LaGrange Broadcasting Co., LaGrange, Ga. — Modification
of construction permit (B3-P-2763) for a new station, re¬
questing authority to install a new transmitter and make
changes in antenna.

WBAX — John H. Stenger, Jr., Wilkes-Barre, Penna. — Voluntary
assignment of license from John H. Stenger, Jr., to Wilkes-
Barre-Scranton Broadcasting Co., Inc.

WGG.\ — Henry Estes, Austin Dean and L. H. Christian, d, b as
Gainesville Broadcasters, Gainesville, Ga. — Modification of
construction permit (B3-P-2627) fora new station, request¬
ing approval of antenna, and approval of transmitter and
studio sites at Atlanta Road, Gainesville, Ga. .\mended to
give transmitter and studio sites as Athens Road, Gaines¬
ville, Ga., make changes in requested antenna, and request
frequency 1240 kc. under North American Regional Broad¬
casting Agreement.

1230 Kilocycles

NEW — Texas Star Broadcasting Co., Houston, Tex. — Construction
permit for a new station on 1210 kc., 250 watts, unlimited
time. Class IV. Amended to change frequency from 1210
kc. to 1230 kc. under North American Regional Broadcast¬
ing Agreement.

WN.4C — The Yankee Network, Inc., Boston, Mass. — Modification
of construction permit (Bl-MP-322) for increase in power,
changes in equipment and installation of directional antenna
for day and night use, requesting extension of commence¬
ment dates from 9-29-40 and 3-24-41 to 3-29-41 and 6-29-41
respectively.

WFBM — WFBM, Inc., Indianapolis, Ind. — Modification of con¬
struction permit (B4-ML-354) to increase power using
directional antenna at night requesting extension of com¬
pletion date from 2-25-41 to 4-25-41.

1260 Kilocycles

WHLD — The Niagara Falls Gazette Publishing Co., Niagara Falls,
N. Y. — .Authority to determine operating pow'er by direct
measurement of antenna pow'er, under North American Re¬
gional Broadcasting Agreement 1290 kc.

KOIL — Central States Broadcasting Co., Lincoln, Nebr. — Author¬
ity to determine operating power by direct measurement
of antenna power.

1300 Kilocycles

WHBL — Press Publishing Company, Sheboygan, Wis. — Construc¬
tion permit to increase power from 250 watts night, 1 KW
day to 1 KW day and night, and install directional antenna
for night use. Class HI-.\. Amended: re changes in direc¬
tional antenna system.

1310 Kilocycles

WBRK — Harold Thomas, Pittsfield, Mass. — ."Authority to install
new automatic frequency control equipment on 1340 kc.
under North American Regional Broadcasting Agreement.

KGFW — Central Nebraska Broadcasting Corp., Kearney, Nebr. —
.Authority to determine operating power by direct measure¬
ment of antenna pow-er on 1340 kc. under North .\merican
Regional Broadcasting Agreement.

1330 Kilocycles

KGB — Don Lee Broadcasting System, San Diego, Calif. — Modi¬
fication of construction permit (BS-P-2940) for changes
in equipment, requesting extension of commencement and
completion dates from 10-10-40 and 4-10-41 to 4-10-41 and
6-9-41 respectively.

1350 Kilocycles

KTSM — Tri State Broadcasting Co., Inc., El Paso, Tex. — Modi¬
fication of license to increase pow'er from 500 w'atts to 1
KW. Amended: to request power of 500 watts night,
1 KW day.

1370 Kilocycles

WCNC — .\ubrey G. McCabe & Trim W. .\ydlett, d'b as Albe¬
marle Broadcasting Co., Elizabeth City, N. C. — Voluntary
assignment of license from .‘\ubrey G. McCabe and Trim
W. .\ydlett, d 'b as Albemarle Broadcasting Co. to Albe¬
marle Broadcasting Co. Amended: re corporate structure.

KICA — Western Broadcasters, Inc., Clovis, N. Mex. — Construction
permit to change frequency from 1379 kc. to 1219 kc., in¬
crease power from 100 watts to 250 watts, and install new
equipment.

WDEF — Joe W. Engel, Chattanooga, Tenn. — .Authority to deter¬
mine operating power by direct measurement of antenna
power.

KELD — Radio Enterprises, Inc., El Dorado, Ark. — Authority to
determine operating power by direct measurement of antenna
power.

WMBR — Florida Broadcasting Co., Jacksonville, Fla. — .Authority
to make changes in automatic frequency control equipment
on 1499 kc. under North .American Regional Broadcasting
Agreement.

WABY — Adirondack Broadcasting Co., Inc., Albany, N. Y. —
Modification of license to change frequency from 1379 kc.
to 1219 kc.

1430 Kilocycles

KGEZ — Donald C. Treloar. Kalispell, Mont. — Modification of
construction permit (B3-P-2573) for new transmitter, in¬
crease in power and change of frequency, requesting author¬
ity to install directional antenna for night use.

WOKO — WOKO, Inc., .'Hbany, N. Y. — .Authority to determine
operating power by direct measurement of antenna power.

KINY — Edwin A. Kraft, Juneau, Alaska. — Construction permit
to make changes in equipment and antenna and increase
pow'er from 1 KW to 5 KW.

1500 Kilocycles

WSYB — Philip Weiss, tr/as Philip Weiss Music Co., Rutland, Vt. —
Construction permit to install new transmitter, directional
antenna for night use, increase power from 250 watts to 1
KW, and change frequency from 1599 kc. to 1359 kc.

WJBK — James F. Hopkins, Inc., Detroit, Mich. — .Authority to
transfer control of corporation from James F. Hopkins
to Richard .A. Connell, 110 2/3 shares of stock.

1550 Kilocycles

WQXR — Interstate Broadcasting Co., Inc., New York, N. Y.—
License to cover construction permit (Bl-P-3027) to move
old main transmitter to site of main transmitter, for use as
auxiliary transmitter with power of 1 KW, emergency use
only.

FM APPLICATIONS

NEW — Gibraltar Service Corporation, Philadelphia, Pa. — Construc¬
tion permit for a new high frequency broadcast station to
be operated on 46199 kc., 9,318 square miles, population
3,998,402.

NEW — General Electric Co., Schenectady, N. Y. — Modification of
construction permit (Bl-PH-19) for a new high frequency
broadcast station, requesting approval of transmitter, changes
in antenna, and change population from 1,560,000 to
805,060.

NEW — News Syndicate Co.. Inc., New' York, N, Y. — Construction
permit for a new high frequency broadcast station to be
operated on 44799 kc., 8,500 square miles, population
11,212,416. .Amended to change type of transmitter.

NEW — Knickerbocker Broadcasting Co., Inc., New York, N. Y. —
Construction permit for a new high frec|uency broadcast
station to be operated on 48399 kc., 9,110 square miles,

February 21, 1941 — 173

population 11,717,445. Amended to change coverage from
9,110 to 8,550 square miles, and population from 11,717,445
to 10,817,455.

NEW — The Yankee Network, Inc., New York, N. Y. — Construc¬
tion permit for a new' high frequency broadcast station to
be operated on 4()T((() kr., 8,500 square miles, population
11,298,250, transmitter to be located at Palisades Park,
Clifside, N. J. .\mended to change frequency from
kc. to 447(10 kc., and give location of studio as 25 W. 45th
St., New' York, N. Y.

NEW — Metro-Goldwyn-Mayer Studios, Inc., Los Angeles, Calif. —
Construction permit for a new high frequency broadcast
station to be operated on 45500 kf. 7,060 square miles,
population 2,467,178, with directional antenna.

NEW — Seaboard Radio Broadcasting Corp., Philadelphia, Pa. —
Construction permit for a new high frequency broadcast
station to be operated on 48300 kc., 9,600 square miles,
population ,1,900,000, Amended to change coverage from
9,600 to 9,400 square miles.

TELEVISION APPLICATIONS

NEW — .\llen B, DuMont Laboratories, Inc., Portable-Mobile
(Area of New York, N. Y.). — License to cover construction
permit (Bl-P\'B-70) for a new' television station.

NEW — .'Mien B. DuMont Laboratories, Inc., New York, N. Y. —
Modification of construction permit (Bl-PVB-30) as modi¬
fied for a new television broadcast station, requesting exten¬
sion of completion date from 2-13-41 to 4-13-41.

MISCELLANEOUS APPLICATIONS

NEW — Columbia Broadcasting System, Inc., New York, N. Y. —
Construction permit for a new special relay broadcast station
to be operated on 3o(M((H(, 33300(1, 33()00() kc., or any three
suitable frequencies in the band 330 to 350 me., 25 w'atts,
special emission for frequency modulation.

NEW — Columbia Broadcasting System, Inc., New York, N. Y. —
Construction permit for a new special relay broadcast station
to be operated on 330000, 333000, 33(5000 kc., or any three
suitable frequencies in the band 330 to 350 me., 25 watts,
special emission for frequency modulation.

NEW — Columbia Broadcasting System, Inc., New' York, N. Y. —
Construction permit for a new special relay broadcast station
to be operated on 330000, 333000, 33(5000 kc., or any three
suitable frequencies in the band 330 to 350 me,, 25 watts,
special emission for frequency modulation.

WEP.'\ — Edwin H. .Armstrong, Portable-Mobile (area of New
York) .—Modification of construction permit (Bl-PRE-277)
as modified for a new special relay broadcast station, for
extension of commencement and completion dates from
10-7-40 and 4-20-41 to 60 days after grant and 180 days
thereafter, respectively, and specify new group “I” frequen¬
cies of 15(575(1, I584(i(l, 15!13(1)1 and 1(511(1(1 kc.

KRCO — Columbia Broadcasting System, Inc., Portable-Mobile
(area of Los .Angeles, Calif.). — License to cover construc¬
tion jjermit (B5-PRE-.177) for a new relay broadcast
station.

NEW — Echo Park Evangelistic Association, Los Angeles, Calif. —
Construction permit for a new relay broadcast station to be
operated on 35(1(1(1(1 kc., or any channel allotted by ECC,
20 watts, special emission for frequency modulation with
100 maximum swing for 100 per cent modulation.

NEW — Guy S. Cornish, Portable-Mobile (area of Cincinnati,
Ohio). — License to cover construction permit (B2-P.^RE-1)
for a new Class II experimental public address relay station.

KALW — Board of Education of the San Erancisco Unified School
District. San Francisco, Calif. — Modification of construction
permit (B5-PED-14) to make changes in equipment.

NEW — Echo Park Evangelistic Association, Portable-Mobile (area
of Los Angeles, Calif.). — Construction permit for a new
relay Ijroadcast station to be operated on 1(533, 3(158, 3150,
379(1 kc., 40 watts. A-i emission.

NEW — J. J. White, tr/as Greenville Broadcasting Co., Portable-
Mobile (area of Greenville, N. C.). — Construction permit
for a new relay broadcast station to be operated on 1(533,
3(158, 315(1, 379(1 kc., 40 w'atts, A-5 emission.

WHKY — University of Kentucky, Beatty ville, Ky. — License to
cover construction permit (B2-PED-17) for a new non¬
commercial educational station.

174 — February 21, 1941

FEDERAL TRADE
COMMISSION ACTION

COMPLAINTS

Federal Trade Commission has alleged unfair com¬
petition against the following firms. The respondents
will be given an opportunity to show cause why cease
and desist orders should not be issued against them.

Uontiiieiital Freniiiini Mart — Complaints have been issued
charging Continental Premium Mart, Milw'aukee, a distributor of
novelty jewelry and other merchandise, and Irving Cohn, trading
as Irvin Novelty Co., Danville, Ill., a distributor of candy and
novelty merchandise, with the use of lottery methods in the sale
of their products.

The respondents, according to the complaints, sell to dealers
assortments of their merchandise so packed and assembled as to
involve the use of a lottery scheme when the merchandise is sold
to the consuming public.

Charging that the respondents’ practices have been contrary to
Federal Government public policy and the Federal Trade Com¬
mission Act, the complaints grant the respondents 20 days for
filing answers. (4462-4464)

(JraiKl Kapids PTirniture Uoinpany, Inc. — A complaint has
been issued charging Grand Rapids Furniture Co., Inc., 300-302
Monroe St., Passaic, N. J., with misrepresenting, through use of the
name “Grand Rapids” in its corporate name and through repre¬
sentations made in its advertising and otherw'ise, that it deals
exclusively in furniture manufactured and originating in Grand
Rapids, Mich. Pointing out that furniture made in Grand Rapids
has widespread good will and popularity, the complaint alleges
that only a small portion of the respondent’s furniture is made
there. The complaint grants the respondent corporation 20 days
for answering the charges. (4463)

CEASE AND DESIST ORDERS

Commission has issued the following cease and desist
orders:

Kaiilii Candy C<*iiipany — Paul Botwin and Eaula Louise Bot-
win, trading as Eaula Candy Co., Columbia, S. C., have been
ordered to cease and desist from selling or otherwise disposing
of merchandise by means of a game of chance, gift enterprise
or lottery scheme.

According to Commission findings, the respondents distribute
candy and other merchandise to operators of, and concessionaires
with, motion picture and burlesque theaters and tent shows.

The respondents are further ordered to cease selling or dis¬
tributing any merchandise so packed and assembled that its sale
to the public may be made by means of a lottery, and to discon¬
tinue supplying others with assortments of individual packages
or boxes of candy, together with other articles of merchandise
of varying values, or separately, which other articles may be dis¬
tributed by means of a game of chance to purchasers of the indi¬
vidual packages or boxes of candy. (3249)

Empire State Caiuly Company — B. M. Bennett, trading as
Empire State Candy Co., .'\thens, Ga., and York Cone Co., York,
Pa., have been ordered to cease and desist from selling or otherwise
disposing of merchandise by means of a game of chance, gift
enterprise or lottery scheme.

Empire State Candy Co. is further ordered to cease selling
or distributing candy or any merchandise so packed and assembled
that its sale to the public may be made by means of a lottery,
and to discontinue supplying others with push or pull cards,
punch boards or other lottery devices, either with assortments of
candy or other merchandise or separately, which devices mav be
used in selling such candy or merchandise to the public. (4400-3891)

E. B. Hall, trading as E. W. Hall, 3679 Olive St., St. Louis,
has been ordered to cease and desist from disseminating advertise¬
ments representing that “Texas Wonder”, a medicinal prepara¬
tion, is a cure or remedy for inflammation of the bladder or kid¬
neys, stones in the kidneys, tuberculosis of the kidneys, or any
other bladder or kidney disorders, or for diabetes, rheumatism,
swollen joints, weak or lame back, pains in the back, or lumbago.

The order also directs the respondent to discontinue advertising
that the preparation possesses any therapeutic value in the treat¬
ment of any of the ailments mentioned, in excess of such slight
symptomatic relief as it may afford in cases of swollen joints and
pains in the back, because of its mild diuretic properties. (4330)

fJacob.s t’aiuly Co.. Inc., New Orleans, and H. & D. Sales Co.,
and Nathan J. Hubbard and Arthur Easton Davis, its officers,
Knoxville, Tenn., have been ordered to cease and desist from sell¬
ing or otherwise disposing of merchandise by means of a game of
chance, gift enterprise or lottery scheme.

Jacobs Candy Co., Inc., manufacturer of candy and nut con¬
fections, is ordered to cease selling and distributing any merchan¬
dise so packed and assembled that its sale to the public may be
made by means of a lottery, and to discontinue supplying others
with assortments of merchandise, together with push or pull cards,
punch boards or other devices, or separately, which devices may be
used in selling merchandise to the public by means of a lottery
scheme. (3586)

H. & D. Sales Co., and the respondents Hubbard and Davis, dis¬
tributors of knives, fountain pens, flashlights and other merchan¬
dise, are directed to cease supplying to others any merchandise,
together with punch boards, push or pull cards, or other lottery
devices, or such devices either with assortments of merchandise or
separately, which devices may be used in selling or distributing
such merchandise to the public. (3956)

Simmon’s Cut Kate Drug Store — Carl D. Bates, trading as
Simmon’s Cut Rate Drug Store, Canandaigua, N. Y., has been
ordered to cease advertising that “Mrs, Bee Femo Caps,” a medicinal
preparation also known as “Femo Caps” and “Bee Caps,” is com¬
petent for treating delayed menstruation, and is safe and harmless.
The order also prohibits dissemination of advertising which fails
to reveal that use of the preparation may cause gastro-intestinal
disturbances and other serious ailments or conditions. (4366)

.41leii 15. Wrisley (’omimuy — .\n order of April 6, 1939, which
had directed Allen B. Wrisley Co., and others, Chicago, to cease
and desist from misrepresentation of the olive oil content of certain
soaps, has been modified.

Respondents in the case are Allen B. Wrisley Co. and Allen B.
Wrisley Distributing Co., also trading as Regal Soap Co., and Karl
Mayer, George A. Wrisley and Wrisley B. Oleson, trading as Karl
Mayer & Co., all of Chicago.

Upon petition of the respondents, the United States Circuit
Court of Appeals, Chicago, had reviewed the Commission’s order,
and directed that it be modified in some particulars.

Under the Commission’s order as modified, the respondents are
directed to cease representing that a soap which does not contain
olive oil to the exclusion of all other oils is an olive oil soap.

The respondent further is ordered to cease using the brand names
or labels “Olivilo”, “Royal Olive Oil Pure”, “Purito Olive Oil Cas¬
tile”, “Olive-Skin Pure Toilet Soap”, or “Del Gloria Castile Made
With Pure Olive Oil” or other similar brand names or labels con¬
taining the word “Olive” or the letters “Oliv” or any equivalent
term, to refer to soap the oil content of which is not wholly
olive oil.

The order further provides that nothing contained therein shall
prevent the respondents from using brand names containing the
word “olive”, or any derivative thereof or other similar words, to
describe a soap containing olive oil combined with other oils if
the respondent shall clearly and truthfully designate that such
soap is not made wholly of olive oil, and if olive oil is present in
an amount sufficient substantially to effect its detergent or other
qualities.

The prohibitions of the Commission’s modified order are not to
apply to the trade names or labels “Palm and Olive Oil Soap”,
“Palm and Olive Soap”, and “Oliv-Palm Complexion Soap.”
(3021)

STIPULATIONS

During the past week the Commission has entered into
the following stipulations:

.Vrtlireiie C'ttmpaiiy — F. B. Allderdice, trading as Arthrene Co.,
Jacksonville, Fla., agrees to cease advertising that the product
“Arthrene” produces circulation, reduces swelling, dissolves crystals
or cleanses the blood of uric acid, and that it is an effective
remedy or cure for arthritis, neuritis, sciatica, rheumatism or
gout, or has any therapeutic value in the treatment of these ail¬
ments in excess of affording temporary symptomatic relief. (02729)

Lillian M. Canij), 246 Fifth Ave., New York, a dealer in prod¬
ucts designed to improve personal appearance has entered into a
stipulation to cease advertising that her product “Superior Hair
Pencils” will have any effect on the roots of the hair; that her
product “Leg Pads” are approved by the American Medical Asso¬
ciation, and that she owns or controls a shop wherein she employs
the makers of wigs and hair goods. The respondent further
stipulates that she will desist from representing, by use of the
brand name “Face Lifters” or otherwise, that she possesses a
commodity that will alter the shape or structure of the face.
(02731)

C’ooter KroUerage (’ompaiiy^Paul M. Cooter, trading as
Cooter Brokerage Co., Merchandise Mart, Chicago, has stipulated
to cease advertising that “Moon Rose Complexion Soap” recon¬
ditions or fortifies the skin, replaces the oils of the skin, stimulates
the oil glands of the skin, and causes the skin to breathe. The
respondent further agrees to discontinue representing that Moon
Rose Complexion Soap penetrates the pores or has any effect on
the skin other than to cleanse the surface, and that use of the
product prevents blemishes, enhances beauty, or causes one to
look young. (02733)

(ileiieriil Laboratories, Inc., Des Moines, Iowa, stipulates that
it will discontinue using the word “Laboratories” in its trade
name until such time as it shall own or control an adequately
equipped and supervised laboratory. The respondent further
agrees to cease representing that “Blue Cross Rat Killer” will
prevent rats from destroying baby chicks; that the product is
recommended by the United States Government; that it will kill
rats instantly, rid rat-infested areas of rats, is the most effective
or economical poison on the market, and that rates which con¬
sume a killing potion will not die on the premises. (02732)

Mrs. VV. W. Hadley — Trading as Mrs. W. W. Hadley, Kate J.
Hadley, 175 Tremont St., Boston, entered into a stipulation to
cease advertising that “Indian Preparation”, a depilatory, is an
effective cure for superfluous hair; that it is not a depilatory or
that no similar products are used by dermatologists or sold in the
proprietary trade, and that the preparation will open the pores,
loosen the hair follicles, gradually destroying the roots of the hair,
or remove superfluous hair without injury to the skin. The re¬
spondent further agrees to cease representing, through use of the
word “Indian” in the trade name or by pictorial representations,
that the formula of her preparation was obtained from the Indian
race. (02735)

Liiik (’liemioal Co., 520J^ Commercial St., Emporia, Kans.,
agrees to discontinue advertising that “G-I-M-P First Aid” is a
competent treatment for strains, sprains, muscular aches and
soreness and has any therapeutic value in treating these conditions
in excess of affording a temporary relief from superficial pains.
The respondent also agrees to discontinue representing that the
preparation is effective for treating colds; that it is effective for
treating athlete’s foot in excess of affording temporary relief from
itching; that the preparation penetrates into the tissues and kills
infection and that there is no other germicide possessing equal
germicidal properties which is equally safe. (02730)

Lngiii Corporation, San Francisco, originally organized as
L. P. Ginsburg & Co., Inc., and Louis P. Gainsborough, president

February 21, 1941 — 175

and principal owner, have entered into a stipulation to cease cer¬
tain representations in the sale of peat moss.

The stipulation relates that in advertisements the respondents
employed the name ‘'\’iking Sw'edish Peat Moss” and the trade
name “Svenska Peat Aktiebolaget”, accompanied by the words
“Stockholm. Rotterdam, London”, and “San Francisco Office, 149
California St.” .According to the stipulation, the respondent also
advertised that “.Arrangements have been perfected for e.xporting
the finest of our Swedish Peat Moss to America for distribution
direct-to-users at considerable savings.”

However, according to the stipulation, Login Corporation with
its principal place of business in San Francisco, is not a Swedish
corporation w'ith a San Francisco branch office and does not sell
peat moss direct from Sweden to .American consumers.

Cnder their stipulation, the respondents agree to cease making
representations of this character.

The stipulation points out that Login Corporation, at its San
Francisco headquarters, packs fruit and exports it to Europe
where, in London and Rotterdam, respectively, it controls two
subsidiary companies operating under the name L. P. Ginsburg &
Co. (3036)

Jdliii A. Martin, 93 Atlantic St., Jersey City, N. J., a manu¬
facturer of preparations for treating the hair or scalp, entered
into a stipulation in which he agrees to discontinue the use in
advertisements of the words “Nu Gro” or "Nu Flair” or any other
words consisting of a combination of letters the resultant normal
pronunciation of which simulates the words “New Grow” or
“New Flair,” as a trade designation for such products. The stipu¬
lation points out that the respondent’s products so advertised will
not cause hair to grow or [iromote its growth. (3035)

N. J. Newman Adverlisiiig Ageiiey — N. J. Newman, trading
as N. J. Newman Advertising Agency, 810 South Spring St., Los
.Angeles, in disseminating advertisements of “Entromul” on behalf
of Thomas J. McBride, trading as The Entromul Co., Los .Angeles,
agrees to cease representing that the preparation will have a bene¬
ficial influence on an excess acid condition of the bowels or colon
and that it has any significant value in the treatment of simple
mucous colitis. (02734)

Oneida Chemical Company, Utica, N. Y., agrees to cease ad¬
vertising that “Rat-Bombs” or “Oneida Ratsirup” are effective in
destroying mice other than common house mice; that the products
are endorsed by the United States Department of Agriculture, and
that use of the products w'ill make rats and mice go outside or
underground to die, except in cases where their burrows or habitats
are underground or outside of the homes or other buildings,
(02727)

rompeian Company, Inc., 4201 Philadelphia Ave., Baltimore,
has stipulated to cease advertising that “Pompeian Milk Massage
Cream” works differently from regular or ordinary cosmetic cleans¬
ing creams; that its use will remove dirt to a greater extent than
ordinary cleansing methods, including soap and water, and that
use of the preparation v/ill leave the face “looking years vounger”.
(02736)

Koy Tailors — Roy D. Pastor and .Abraham Nathan, trading as
The Roy Tailors, 21 West Third St., Cincinnati, have entered into
a stipulation in which they agree to cease using certain representa¬
tions in the sale of men’s clothing.

The respondents stipulate that they will discontinue employing
the word “Virgin” to designate the wool fiber in any fabric used
in manufacturing their garments, when such fiber is not new wool
(wool which has never been reclaimed from any simn, w'oven,
knitted, felted or otherwise manufactured product).

L'nder their stipulation, the respondents further agree to cease
employing the words “wool”, “woolen”, “all wool”, “worsted”,
"tropical worsted”, “Cheviot” or any other term descriptive of
wool to refer to any falrric or product not consisting wholly of
wool. I'he stipulation provides that in the case of fabrics or
products composed partly of wool and partly of other fibers, such
terms may be used as descriptive of the wool content if there are
also employed in immediate connection therewith and in con-
s|)icuous type other words truthfully designating each constituent
fiber or material in the order of its predominance by weight, be¬
ginning with the largest single constituent. If any i)articular fiber

176 — February 21, 1941

is not present in substantial amount by weight then the percentage
in which it is actually present is to be disclosed.

The respondents further stipulate that they will cease using the
word “silk” to refer to any fiber not obtained from the cocoon
of the silkw'orm.

The respondents further agree that no provision of their stipu¬
lation shall be construed as permitting the labeling of any w'ool
product in any manner other than in strict conformity with the
provisions of the Wool Products Labeling Act of 1939, after its
effective date, July 14, 1941. (02737)

F'raiik K. Waxiiian, Raymond-Commerce Building, Newark,
N. J., in disseminating advertisements of “Bilaphen Tablets” on
behalf of Victoria Chemical Company, Newark, stipulates that he
will cease representing that the product will aid in relieving an
upset stomach, unless limited to relief of the condition when due
to constipation. The respondent also agrees to desist from ad¬
vertising that Bilaphen Tablets will cause the liver to return to
normal functioning and will cause normal or natural movements.
(02728)

Zelir & Cniiipaiiy — James A. Zehr and Jacob H. Zehr, trading
as Zehr & Co., Pettisville, Ohio, have entered into a stipulation in
w'hich they agree to cease representing that “Zerco Dri-Cod”, a
poultry and livestock feed, when admixed to other feeds, assures
a balanced ration at all times, when in fact such is not the case.

The respondents further agree to cease employing the word
“balanced”, alone or in connection with the word “completely”,
as descriptive of their product, and to desist from use of the
statement “The completely balanced cod liver oil powder” or
other similar representation implying that their feed is lacking in
no essential nutritional factor. (3034)

FTC CLOSES SEVERAL CASES

The F'ederal Trade Commission closed its proceeding against
Clover Farm Stores Corporation and its wholly owned subsidiary,
The Lane Lease Company, both of 4300 Euclid Ave., Cleveland,
without prejudice to the Commission’s right to resume proceed¬
ings, should the facts so warrant. The respondents had been
charged with violation of the brokerage provision of the Robinson-
Patman Act.

According to information received by the Commission, The Lane
Lease Company has been dissolved; its brokerage business has
been terminated and the Clover Farm Stores Corporation does not
intend to assume the dissolved corporation’s business or engage in
the business of a food broker.

The Commission has also dismissed its complaint issued in April,
1938, charging the Gulf Refining Company, Pittsburgh, with vio¬
lation of the F'ederal Trade Commission Act in the sale of lubricat¬
ing oil.

.Also the Commission closed its proceeding against Clover Farm
Stores Corporation and its wholly owned subsidiary, The Lane
Lease Company, both of 4300 Euclid Ave., Cleveland, without
prejudice to the Commission’s right to resume proceedings, should
the facts so warrant. The respondents had been charged with vio¬
lation of the brokerage provision of the Robinson-Patman Act.

According to information received by the Commission, The
Lane Lease Company has been dissolved; its brokerage business
has been terminated and the Clover Farm Stores Corporation does
not intend to assume the dissolved corporation’s business or engage
in the business of a food broker.

The Commission closed its proceeding against Clover Farm
Stores Corporation and its wholly owned subsidiary. The Lane
Lease Company, both of 4300 Euclid Ave., Cleveland, without
prejudice to the Commission's right to resume proceedings, should
the facts so warrant. The respondents had been charged with vio¬
lation of the brokerage provision of the Robinson-Patman Act.

According to information received by the Commission, The Lane
Lease Company has been dissolved; its brokerage business has
been terminated and the Clover Farm Stores Corporation does
not intend to assume the dissolved corporation’s business or engage
in the business of food broker. (4334)

The Commission has closed its case against Merchant Calculat¬
ing Machine Company, Oakland and Emeryville, Calif., and Dwight
R. Cooke, its district manager for Washington, D. C. and certain
areas of Virginia and Maryland, without prejudice to the Com¬
mission’s right to resume proceedings, should the facts so warrant.
The respondent had been charged with violation of the F’ederal
Trade Commission .Act in the sale of calculating machines. (3970)

November 1941 Broadcast Advertising

Unit Report

The volume of broadcast advertising in the month of
November, in terms of time units, is presented on the
following pages as reported by 203 broadcasting stations
and the national networks. The report of national net¬
work business presented herein is complete since it in¬
cludes the business of the Columbia Broadcasting System,
the Mutual Broadcasting System and the National Broad¬
casting Company. Non-national network business pre¬
sented herein (regional network, national spot and local
business), is not complete for the entire industry; the
figures represent the total of such business placed on
the 203 stations reporting.

On the last page of this analysis, there appears a
complete roster for the 203 stations for November busi¬
ness. There is included also in the list seven additional
stations reporting for the month, but from which reports
were received too late for inclusion in this tabulation.

A majority of the stations reporting November busi¬
ness had also reported for the months of September and
October. However, there is not a constant sample of
stations for the three months and this fact is mentioned
because it impairs comparison of unit volume presented
for those months. An analysis of the reporting stations
discloses that of the 216 stations reporting for Septem¬
ber, 43 failed to report in October. There were 32 new
stations reporting in the month of October, bringing the
total of October reports to 205. Of the 205 October re¬
ports, 25 stations failed to report November business and
30 new stations reported, bringing the November total
to 210. Further, 9 of the 30 stations reporting Novem¬
ber business which had not reported in October had re¬
ported in September and were renewing their cooperation.

It is obvious from the above discussion of the sample
represented here that it is not possible to compare re¬
liably the November reports with those of October and
September. Two developments are needed in this Broad¬
cast Advertising Volume Analysis to establish statistical
stability — consistent month-by-month reporting of co¬
operating stations — and more stations cooperating.

The Legend

A program unit equals one minute of program time.
An announcement unit is equal to one announcement,
unless the time consumed is one and one-half minutes or
longer, in which case the units are calculated to the
nearest number of minutes.

Advertising business placed in radio is classified under
two major headings — “Retail'’ and “General.'’ Retail
Advertising is defined as the advertising placed by busi¬

nesses which sell direct to consumers. General is that
advertising placed by businesses which sell for resale
and not direct to consumers.

In Retail Advertising the analysis presented here clas¬
sifies retail businesses according to their principal retail
line. No attempt is made to classify according to specific
product advertised. This classification is most useful to
the broadcasting industry since advertising is placed by
the individual retail store and such buying units as have
similar business are grouped together.

In General Advertising the classification is primarily
an analysis of the products advertised by businesses en¬
gaged in selling to others for resale. The significance of
this to the radio industry is that advertising campaigns
are carried for individual products and in this analysis
similar products are grouped together. Also included in
the general classification are such service businesses as
Financial, Insurance, Professional and Service, and Trans¬
portation which, because of their nature, could not prop¬
erly be considered retail.

There appears on the following page Table I of the
November 1940 Broadcast Advertising Unit Report. In
this table, program and announcement units are pre¬
sented for retail and general advertising with a total
of the two showing the source of such business by na¬
tional network, regional network, national non-network
and local placement. The tables which follow present:
Table II, program units by type of sponsoring business
and source of business, first for retail and then for gen¬
eral advertising. Table III presents program and an¬
nouncement units by type of sponsoring business and
class of station, first for retail advertising and then for
general advertising. Table IV presents program and an¬
nouncement units by type of sponsoring business and by
station metropolitan district or city population, first for
retail, then for general advertising.

What Does It Show?

In November, the 203 stations reporting and all na¬
tional networks carried broadcast advertising amounting
to 3,885,232 units, divided as follows: Program units,
3,591,708 and announcements units, 293,425.

Although direct comparison with October is not ac¬
curate, there is shown a decrease from October to No¬
vember of about 15%. One factor seriously affecting
November advertising volume is a thirty-day month
against the thirty-one day October and the situation of
October having five Tuesdays, Wednesdays and ITurs-
days for the month, as compared to November with five

February 21, 1941 — 177

Fridays and Saturdays. Also, the political advertising
carried during October was more than two and one-half
times as great as that placed in November. The third
factor is that of the World Series baseball broadcasts
sponsored by Gillette Safety Razor which, of course, did
not repeat in November.

There are some significant gains in advertising by
various retail classifications. Boots and Shoes increased
in program units to offset a decrease in announcement
units, d'here was a slight increase in program units of
Department and Dry Goods Stores, although announce¬
ment units fell off. Drug Store experience was the same.
Electric and Gas Appliances and Supplies rose in both
program and announcement units. Furniture and Home
Furnishings up in program units, off in announcement
units. Grocers and Food Stores up sharply in program
units, off in announcement units. Sporting Goods up in
both program and announcement units. Stationers in¬
creased in both. Notable decreases are found in Amuse¬
ments, Automotive, Bakers, Building Supplies, Heating
and Plumbing, Hotels and Restaurants, Jewelers and
IMiscellaneous.

In General Advertising, gains are found in Agriculture,
.Automotive, Building Materials, Confections, Educa¬
tional, Housing Equipment and Supplies, Jewelry and
Silverware, Religion, Radio, Tobacco and Wearing Ap¬
parel. Notable decreases in General Advertising for
November are found in Financial, Industrial, Insurance,
Medical, Aliscellaneous, Political, Professional, Public
Utilities, Publications, Toilet Requisites (e.xplained com¬
pletely by Gillette World Series mentioned above), and
Transportation.

These comparisons of November business with October
must be made with realization of the difference of com¬
position in days between the two months. Any increases
shown are greater than the figures show and declines
are actually less.

How to Use It

Last week, the owner and manager of an
NAB member station visited the Research
Department and asked, “What good is this

report of Broadcast Advertising Units?”
This gave your Research Director a wel¬
comed opportunity. Before the manager
left, he had discarded his request to discon¬
tinue reporting and substituted in his think¬
ing a plan of action secured by a memo¬
randum on his “things-to-do-today” pad.

On his memorandum appeared first a list
of missing business developed by compar¬
ing his station’s October report against the
consolidated industry report for that month.
There was a second list of business classi¬
fications in which he had substantial an¬
nouncement business, but the industry
report showed potential program unit busi¬
ness. The third list was drawn up because
of the advance warning found in the con¬
solidated report that he might have diffi¬
culty in holding a certain class of accounts.
These were indicated by those classes of
business in the consolidated report which
showed an industry decline or faltered in
trend from the previous month’s report.

Of course, the NAB member, in drawing
up his lists, referred to the tabulation of
stations in the same classification as his
own and to the business placed in cities of
the approximate size in which he operates.
Further, he pinned down the local situa¬
tion he faced in signing retail and general
advertising accounts. Naturally, he con¬
sidered carefully where he gets his busi¬
ness; whether it is local, national spot,
regional network or national network.

But the net result — when he left your
Research Director’s office, he had made a
decision-— to hold a sales meeting as soon
as he could get back to his station.

178 — February 21, 1941

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2. 1 1 ' III 1 1 1 p 1 1 1 1 1 ^

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180 — February 21, 1941

2s SS ii is ii S2 li Si Ss” iiliC-SsSsi si 5g Si SI Ss Ss ii S

^ ^ tjT I rr* >2 I lo" i-T 'S' T-^ W -— T ^ ^

ii a§ ii ii ;l ii ss Si 51 SsS iiiiisiiai ii SS gs Si SS si Si S

tntcS cT m2~ ' ca" *^**~ *20 w"--'* I to' '-'’ lo '3' ■-'"' cccco <i£i ciir^ ^-T'-T *-(',-1 g

23 SS ii li ii 5s ss Si Si is”

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Si a§ ii si ii Si Ss Si 5i Si- iiipsSSii ii Si gg Si SS si si S

■ o'uo' lea* * 20' rf^ I 10 COCCO W;D <fi Oi wi <-^

Ss II li is Si Ss Ss ss ggs igSillilii $1 21 ss 55 SS Si Si S

^ ,_' M CO ^ 2'l' ^ I *1'' •3' rtT »fi lO r'T lO I 11^ I— ' Wi— r ^

Ss Ss Ss SS is 5§ Is Si «° 2SS iiisislssi ss Si gg 2g SS si Si s

s' s' —'s' sf i?f '''' «'s' S” ofm-g ,-i,n ^ioi rt-T t- r-T g

SS ®s |§ !S |g gg II |S ; I3!f§

li li si ii as II 32 li s=

c-l

'S Us:! SS

-ii ii is

Si g

gs sS sn: S3

S?5 ig

ss m ss s;

gs

; §s si ii -s i ;

i ; i i i i

i i i§ i

1 ' »o O t , , ,1 , ,

' 1 CO . . .

1 < • 1 I > > t 1

i i i i i i 'is

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' ■ I 1 1 1 ■ 1 1

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February 21, 1941 — 181

TABLE II — Continued

c* CO o o 1 r-. Cl

Sis i

.130

330

2

641

280

376

333

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-i 2s

si

ss

— >C tc Cl ^

$£^V'S

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si

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SilS Is

Silssiiil* Is

M ^ 2 ^ ^

II

o|

2-S

C «*

i mm m iii : i ii 2

<; «

iigS'ss I|g gp ss 222SS s =

ci -f' -f 0 Cl CO ^ t

nmwmmmm

c-f -r •-'' CO* r-T rvf _r o'

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slilisg

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i 8i 2 iissi

1 «0 o «c '2C ‘O lO

:ss S£ SS

ii Siiii

SI ilssiSsssiSss i ;

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28 ;28'"'®S'"'=l23 "8 i i

ggsigiiis Is

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a |$SS ill III :

i -S i :s«$| 18- SS 23

i sgg-i 21 iss8---iisS i^i

i S ;S : i

1 :

1 ' 1

1 1 1

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1 1 t '

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1 III

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of CO C4 I ^

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i I ; jS”

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35

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182 — February 21, 1941

is SsiiSSi liils sgiiSI'" S-2iS gg =l l - liiis§ l-6gsi 5-”= is

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5^' ^ c©-r

.ft -T -1

ci so

gi ii ii isgi=2i iissi s^iiggg s^is isg siig : sg gg ig liissi SsSiii mm m mm

«'Si “■“ ii" l^'^'s'^' =’’^' ” ri-'^-^ i SS ’'■^' : g SS§S '' ' '■' ' “■ '

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«

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5$S

w — r o* M c'l

ii SB si i jisisi iisgi ssllsss Isis ill Sip ' Si Si i-l II lipsl Ssslis S ill ill gs

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» CO -P

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21 S iS i iss sgiass SSSSg^i S||gS I ;Sg| ss S|

g--sS5 g ; :s 12 5 ;5s*-"s £/

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s

P 2s 81 S iSilil 2iS§S P !i is i 2iis ifs lSi§ i is is i-l 2s iisSs i gsliig I =81 i i i P i g

3S s i CO T}>* --T r» CJcO'— I I I I .-o* o’ OJ -1'*’ ' ‘ft C4C-J < ^?.-i' i •■•* c<f o* eo’ i oo •-'’ c^’ co o’ i .— T 1 i i ■-^' fo

ss ; I Ii S

s

;as

sj ;s ;s

|SS =

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Si

ss

ss s

^> OJ eo

8 iiSB SPsi

; <N mt c'f

. . 25 oj ' '

; 1 s“’i- 1 ss

1 - Sign

2 IsS IS 5 l5- :

1 2 =

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1 1

1 s

2i SS

Ii

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1 1 1 ' 2 1 1

1 II 1 218 1

1 8g III

pSI 1

1 *0 1

1 ©t ’

o' o'

ii

o* co' 1 o' 1

='"’ 2 =

Ig 1 III

■ ' 1 ■ o’ 1 1

1 lo' 1 oo*^' ;

1 SfK III

; ; ; g?3|s ;

= g =

ifi

3 'i

ii

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2-5

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g ^

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i|

Hi

a32<

il

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Si

li

5 fcis
'3 c"'^ y:
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=•— 2 —
oo.:;?^

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; 1.2^

- 1^ I'

iisS ii
$s«s

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=S i
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all g ‘o = £ “

feill iPIssi

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I

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^ i- c .-

^ ■x. X

ix

5^

II

February 21, 1941 — 183

g Slig gg 2s Wi Sslgis si ss iii Ss Bh 2i Is

00 lO (Tl CO 1— < ,_r •t CO

1^

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o

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m

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2
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M >^
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C/3

Of^'ui rt-r MfO MCO -h'^- moo -‘-oC .«

° I i

^ i nn ii S5 II HSggi SS 3lglsi IS ii gs ii 81 ii Si

^ ® S* ' ^ s' ^ ^ ^ M s' »* s' ^ '~^ ~' ^ ^ ^ S ^ * ^' *^' “' s' [o' o?'

g

s' ^
s

22

580

580

Si

22

S3

2B

m

00* 00*

Is

^ 1-^

gg

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§S IS

c/3

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2

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I I 3

5 isissisisi^

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1 M o c

-i si 22 2SS2S §§ igSfSi 31 21 Si SI ii SB is

tH .— T ^ *— > ^? IM ^ CO I— T ^ -rf ^ ,—i’ ’—• lO O ^

-I ii Si is- :i 8i iSSiffi is Si Is 88 II si is

CO CO ^ I CP » od « t-'" co' ifT fo’ co” » ^’' -r^ ^ r-T *»r -O'*" W r^' r-T

I sg- g

3 ® g g M

22

2g

gg SS ;2 ;s p:lc s!?. SS g| 3

S?

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s S SIS 2-Sig-'

^ < MM

s

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g

a ggf i iiigs

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- Si ”” 8 : i ii 8i Si-iss -- 2i 88 gs sg g

cd -T -h' r-T

SI 88 s : i ;§ 8i SI ii ii Si 31 18 il sS S”

N 1-r I Q000‘ rt-r ;eo «

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TH r— ( tH »—< O? of O' CO l-H of c® O ^ t— I ^ rH kTi Ol

I SS ii i i-iS 31 SiSiii Si ss Si ii si 38 Si

eo'cd co' ■ co' lo'ip ^ 1^* ojof cs'pf ofM '^fifco' 52'^"'

3 Si iS si SI

•-f w! .-T eo" CO* 00* co*

I i§ Si gg Si

=0 mTcO

S 22 SS S2 S;

to to

ss

8 13 ii Si ss

^*^''

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CO* ^*^*

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of of (N l-f r-T iO CO

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of TP* ^ r-T C6 cf

<

H

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ca

g Klc |S
2 §§ |g
s SS 2§ II

S3 I ; 21 r,

gg 23 §g I I g| I

r-r^' 1 ; 1

38 2H SS S

gg |S

i-O UO

SS

i Si Si Is

184 — February 21, 1941

liiiSSgigi ss 5S SS 1= sS m s

r» lO
r-'cc

iigsgiiii ii Si Ss gg 5S 51 5s S

i/t ^ itT -tT i-H CO CO ciT "OvO

si"

js-

iss5Ss?>iSi 11 Si

SffiSSoSiSsi iss IS

I od —T r-T ^‘‘ ^ •— <*

ss II 51 |g I
$

is Si m Ii SI s

O I O iM 00 i' Oi

jgg

^ ^ «!^ lO

I ; : ;s§

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s

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Si

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ii®

g;??S i§sg=;s gg j?s
iSii : :S^S ii I ;

of ' > ««> M 1 ■

IliiSSiSS is Si

isiisigil IS IS

t'-'’ •^’' •-«' C^' lO 9i C-l

SS

^3 I

SI SI HS i : 8

' ' s

is Si 25 25 M 5

31 sS Si SS Si i
8

iiS

ig -- -- -«•

.3. — I

February 21, 1941 — 185

GENERAL ADVERTISING UNITS

iSils

s iSi l§2

a SSiiip isii

fn » =75 — ci (N ^ ^ CO*

ii 3 3S ss SsS-l si iliSsisiSliS-s

CO* *C4 CO ^ CO'’.-rc^*'-H*‘ CO

s ;sggi :ii Si Si ii ssiii si iiissiisiiisss

Ii 'S d'd'

«^ ’ -“i cs

a S

g

S" ggf

fO* cf

;^- «« ; ^-

5

CL| ^ < I • w

« t'- I CS ,_r Co" c^" f-T ^'‘

Xi

g

dj

>

O

i si

'*■' «S i '; ;S g

S

g I

N

sSs

l-i- :-s 5ig

23

Si i-i

53^5:

I a pii :i i s

fw rt

g 315- iiS iiS

I CO CO*

a SisiiiS ill

Ph CO* i-T ^ «r fo' csf

s i5

CO I CO

S2 S3 III IS SS ifss :| isili I II

SS i ii S2 S3 53 ||23| %% !iiSIS5siiii°S

o( I -— I I iH CO* t-T ^'' "O’ t .-1 (-. ,-r 1-1 (TO*

8i % iiiss iii ii ii ss gsgis IS iisiiiiiSiiiii

|o I o ci I ,_r i«* lo* ®* ic’* r-T ® ^ > Oi oT CO* cT !>• i-^ i'- ®* o o*

3i§igiii“

t-' m>nco

n ;

140

35

52

53

• X I

i ii i

: 1 :

390

600

no

900

‘ 1 CO 1

I CO* 1

I ! r-T !

S 13

s

SS3

•f .-I

ad CO

iiis

186 — February 21, 1941

I§ as M Ss Tsssia-i iisiS sgliis-" S-sii si i i- -- llllsl i-Sgsi 8*”s ss 5

; I «gf «r -h' -i; r-r «,-m; n -r ; ; ^ ■» c^* « o.- - -r oo" „-

M li as ii i liissi siSSS BggSSgg Isis ill SUg : gi gi i^s gg SiisSi Ispil S ili ill ss S

isio i^c^'^ooT csTji

Si

ss

Si

r-* CO t-'*’ --r CO

is

ss

ii

gg

i

i 33 8

iiS

i”i iiiis 3fsi i--

t|gS§S

1

:?52S US ss : : ; : ;

' CO t- .

1 rt

1 P «-r 1

fH

IS Si i

i 33 S

ii§

550

225

000

600

185

440

870

005

370

195

120

iso

iill i i

s

ilg i ii as i i i i i

1 »CD

1 ;_r 5o v-r ;

: ;

tc

'■"■■' 33 i ; : ' i

sassss? g 3 ii

SS3 *

ii I

-■"■ g

SISiSiS isiiiS ii i i ill MS i i i

« -r N i 1 , ; i : : : i «

8S

Si

a SS3

s§

””33 i i is i iS i i'^S Sl”'*l SS^s i i“

3S a iS i isl S-^SS SS- i isS S ii

M!N

ii

ffg

SSs§

oO ^

K g?.'-

iiSi

s- li M S§ 3SIS--I SiiSS i- isiSS-'" is-g- 81

^’' ih" M* c^"

iigi-- S-SSSi 2"is^ is !--§='

Sill i

i IS S

600

860

625
450
335

568

475

800

626
661

907

297

295

985

isg mm iis ills

Is aa i is

i Hill i SSiigi s isi i

m'cs 1

■ 8s s

^'— 'C^fof-^ 4©CO 04

1 OC4C4CO'' 1 »ri r-^c^

88 ' '

1 —T (m" i-h 1 -r 1 1

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gg ss

8 S

s i s lias i
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gss

8

|3gSSg

a i-i

s

18

SSS S

I iS i i^sS

3 S =

2

g

1

■i

2
S

3 us a

?o

00 00 oO lO

3 33 gSSS-^3g I

“838 3 i”S I iigS ;S|i

to'co'

51 |g 5§ g

isaiis 3iiii m

«r -r

§ 3®il

33 21

i i i I sssssi giil

1 (N CO -r lo 05

^g-gOi|» ;

illlSl 5

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i lll^s |l |oolsl |■^||||l |l‘sl |1

s“Kgai''l "‘33335 '■gllSI ^Sssssi ill s

February 21, 1941—187

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QC ic c-i ^ CO ■— '" ci" --r -i<* -1' ^ CO •o’lo ^oi ci-^'ic W —T c^'co coco W r— T coco ~

a Sift i iiaii-i-S SS SI ftsSil £1^ 3ftiisi M 11 'ii si Si ii 51 il ii ss Ss 5s

g" 2S ■=^'2gf'>'' ® ft ft 3S ft"2 -''^' SS s' 2 '*'■-"=■ S2 SS S2 'S SIS

c Ift2 gSgSftSSSft II «« |S?2S2 gS ||g|: Sift || S| ftft ftft ftft §S IS S| || gg --

^ «■ rH- c.; ; r-T ;-r r.-^'

E fti- S isiss I ; ! 22 i M ;i fti Sft ift Ii 5ft ftft Ss ii is Ss Si II BS 51 51 i i

^ -4 CO i CM 'll lit o-> ! 1 CO* CO 1— -“T CO* co* co* i :o* > ■

. ill ft liSfts- I- ift ft- l-s l§ Si Ifti-i 22 5ft Si ftft is ftft i- Ii IS ii ii 22
^ \ ' ' : • - ' - • >• : * ■

8 ?1

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04

ftfti ft-iiSi

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I I I o» 01 -4 i-T I — T -4 ,_r co' CO t-T r-T 04 »4 -f 1 1 ^ cc co*

S I' '”3 SS fti-ili ii ii ftft 22 S3 ii ft2 Ii ftft IS is

1 ,-, n-T -4 -4 .-4 o^ c-f o* 04 ! i-T ,-4 •r' 'tji'

3 !:■;

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a iftft ft

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|iii I Ii Si Ii 3 IS IS Si iftSiiS 5§ BS IS 22 ftft Si 51 Ii ii 51 Si

4 r4 r-4 -4“ Of* 04' (x- od co' .-4 1 oi r-i --4 ^ »o' ^

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STATIONS COOPERATING

in the

BROADCAST ADVERTISING UNIT VOLUME REPORT— NOVEMBER 1940

DISTRICT 1

Connecticut
VVICC — Bridgeport
WDRC— Hartford
WTHT— ”

Maine

WCOU— Lewiston
Massachusetts
WAAB— Boston
WBZ—

WELL-
WNAC— ”

WOCB — near Hyannis
WLAW — Lawrence
WLLH— Lowell
WBZA— Springfield
WORC — VVorccstcr
New Hampshire
Rhode Island
WEAN — Providence
Vermont

WCAX — Burlington

DISTRICT 2

New York

WABY — Albany
WOKO— ”

WENY — Elmira
WHCU— Ithaca
WJTN — Jamestown
WABC— New York City
WEAF—

WINS—

WTZ—

WQXR—

WHDL— Glean
WHAM — Rochester
WHEC—

WTRY— Trov
WIBX— Utica
WFAS — White Plains

DISTRICT 3

Delaware
New Jersey

WSNJ — Bridgeton
WCAM — Camden
Pennsylvania
WHJB — Greensburg
WHP — Harrisburg
KYW'" — Philadelphia
WCAU—

KDKA — Pittsburgh
KQV—

WCAE—

WARM — Scranton
WGBI—

WBAX — Wdlkes-Barre
WRAK — Williamsport

DISTRICT 4

District of Columbia
WJSV — Washington
WMAL—

WOL—

WRC—

Maryland
W'BAL — Baltimore
WCBM—

WFBR—

WTBO — Cumberland
WBOC — Salisbury

North Carolina
WWNC— Asheville
WBT— Charlotte
WBIG — Greensboro
W'GTC— Greenville
WPTF— Raleigh
WSTP — Salisbury
WSJS — Wdnston-Salem
South Carolina
WIS — Columbia
Virginia

WCHV— Charlottesville
W^SV A — Harrisonburg
WLVA — Lynchburg
WGH — Newport News
WTAR— Norfolk
WPID — Petersburg
WRNL — Richmond
West Virginia
WJLS— Beckley
WMMN — Fairmont
WSAZ — Huntington
WPAR — Parkersburg
WWVA— Wheeling

DISTRICT 5

Alabama

Florida

WDBO— Orlando
Georgia

WGPC— Albany
WAG A — Atlanta
WSB—

WMGA — Moultrie
WSAV — Savannah
WTOC—

Puerto Rico

DISTRICT 6

Arkansas

KFPW — Fort Smith
KARK — Little Rock
KUOA — Siloam Springs
Loltisiana

KTBS — Shreveport
KWKH—

Mississippi

J PR — Greenville
Tennessee
WOPI— Bristol

DISTRICT 7

Kentucky

V7LBJ — Bowling Green
WAVE— Louisville
V7HAS—

Ohio

WJW— Akron
WCKY — Cincinnati
WLW—

WSAI—

WCLE— Cleveland
WGAR—

WTAM—

WBNS— Columbus
WCOL—

WHIG — Davton
WLOK— Lima
WPAY — Portsmouth
WSPD— Toledo
WFMJ — Youngstown
W'HIZ— Zanesville

DISTRICT 8

Indiana

WFBM — Indianapolis
WIRE—

Michigan

WELL— Battle Creek
WTR — Detroit
WWJ— ”

WJMS — Iron wood
WKZO — Kalamazoo
WKBZ — Muskegon

DISTRICT 9

Illinois

WENR— Chicago
WLS—

WMAQ—

WCLS — Joliet
WMBD — Peoria
WTAD — Quincy
WROK — Rockford
WFIBF— Rock Island
WDZ— Tuscola
Wisconsin
WCLO — Janesville
WIBA — Madison
WEMP — Milwaukee
WTMT—

WRJN— Racine
WHBL — Sheboygan

DISTRICT 10

Iowa

WKBB— Dubuque
WMT — Cedar Rapids
KRNT — Des Moines
KSO—

WHO—

KMA — Shenandoah
Missouri

KFRLI— Columbia
KMBC — Kansas City
WIL — St. Louis
Nebraska

KMMJ — Grand Island
KGFW — Kearney
KFAB — Lincoln
KFOR— ”

KOIL — Omaha
WOW— ”

DISTRICT 11

Minnesota

KATE — Albert Lea
WCCO — Minneapolis
WTCN—

KFAM — St. Cloud
KSTP— St. Paul
North Dakota
South Dakota
KABR — Aberdeen
WNAX— Yankton

DISTRICT 12

Kansas

KGNO— Dodge City
KCKN — Kansas City
Oklahoma

KOCY— Oklahoma City
KTOK—

192 — February 21, 1941

DISTRICT 16

DISTRICT 13

Texas

KGNC — Amarillo
KRIC — Beaumont
KRIS — Corpus Christi
KAND — Corsicanna
WFAA— Dallas
KGKO — Fort Worth
WRAP—

KPRC — Houston
KTRH— ”

KPDN — Pampa
KPAC— Port Arthur
WOAI — San Antonio
KRG\' — Weslaco

DISTRICT 14

Colorado

KFEL — Denver
KOA-^

KIUP — Durango
Idaho

KIDO — Boise
Montana

KFBB— Great Falls
KGVO— Missoula

Utah

KVNU — Logan
KDYL — Salt Lake Citv
KSL— ”

Wyoming

KWYO— Sheridan

DISTRICT 15

Calieornia
KHSL— Chico
KMJ — Fresno
K Y OS — Merced
KROW — Oakland
KFBK — Sacramento
KROY—

KGO — San Francisco
KJBS—

KPO—

KYA^

KQW — San Jose
KW G — Stockton
KHUB — near Watsonville
Hawaii

KGMB — Honolulu
Nevada
KOH — Reno

Arizona

KOY — Phoenix
KYUM— Yuma
New Mexjco
KICA^Clovis
California
KFOX — Long Beach
KECA — Los Angeles
KFI—

DISTRICT 17

Alaska

Oregon

KALE — Portland
KOIN—

KWJJ— ”

Washington
KV'OS — Bellingham
KWLK — Long View
KIRO — Seattle
KJR—

KOMO— ”

KFPY — Spokane
KGA—

KHQ—

KVI — Tacoma

February 21, 1941 — 193

<

J

1626 K STREET, N. W.

WASHINGTON, D. C.

Vol. 9, No. 9, February 28, 1941

ASCAP SIGNS CONSENT DECREE

Neville Miller, President of the National Association
of Broadcasters, made the following statement Wednesday
on hearing that ASCAP had signed a consent decree;

“We hope that the Department of Justice is right in saying
that the signing of ASCAP’s consent decree is an important step
toward arriving at an equitable arrangement for radio’s use of
ASCAP music. The consent decree requires ASCAP to offer its
music to broadcasters on a per-program basis. This is the formula
on which we have always wanted to buy the right to use ASCAP
music on the air, and months ago we made it quite clear to
ASCAP’s management that our board of directors would be
called together promptly to consider any proposal which ASC.AP
cared to make based on this formula.

“How imminent a settlement between broadcasting and ASCAP
may be depends on how soon ASC.\P can readjust its whole set¬
up to conform with the terms of the decree and how soon there¬
after it will be in a position to work out a proposal for our con¬
sideration.”

The Department of Justice announced Wednesday that
the American Society of Composers, Authors and Pub¬
lishers had signed a Civil Decree in the U. S. District
Court of the Southern District of New York in which it
agreed to cease engaging in activities which the Depart¬
ment alleges constitute violations of the Sherman Act.
This decree brings to an end litigation started by the
Government against ASCAP in 1935.

In the opinion of the Department the decree paves the
way for an immediate settlement of the difficulties be¬
tween ASCAP and the broadcasters which have resulted
in the banning of ASCAP music from the air since January
1, 1941. All objectionable practices have been resolved
by the decree. The only matter remaining for adjust¬
ment is one of price between ASCAP and the broad¬
casters.

The decree, which becomes effective 90 days after entry,
provides:

1. That ASCAP members will not license the public performance
rights of copyrighted musical compositions exclusively to ASC.4P
but are free to license to anyone except Broadcast Music, Inc.

2. ASC.4P agrees not to discriminate either in price or terms
among the users of copyrighted music. .411 .4SC.4P compositions
will be offered for performance to all users of the same class on
equal terms and conditions.

3. ASCAP agrees to license on a pay-when-you-play basis — that
is, broadcasters will be able to buy ASCAP music on a per-program
basis if they desire. Users other than broadcasters will be able
to buy music on a per-piece basis if desired.

4. ASC.\P agrees not to require a license for more than one

station in connection with any network broadcasts. Licenses will
be issued to networks’ originating stations.

5. Manufacturers of electrical transcriptions or sponsors or adver¬
tisers on whose behalf such transcriptions are made will, if they so
desire, be able to obtain licenses for the use of such transcriptions
for broadcast purposes.

6. .4SCAP agrees not to engage in a all-or-none policy for
licensing its music — that is, motion picture exhibitors, restaurants,
hotels, radio stations and all commercial users of ASC.AP music
will be able to obtain the right to perform any ASCAP compositions
desired without being compelled to take the entire ASC.AP cata¬
logue.

7. ASC.AP agrees that it will not attempt to restrict performance
rights of its music for the purpose of regulating the price of
recording its music on electrical transcriptions made for use in
broadcasting.

8. .ASCAP agrees to abolish its self-perpetuating Board of Direc¬
tors and to permit election of directors by the membership.

9. ASC.AP agrees to modify its membership requirements so as
to make eligible any composer who has copyrighted one tune.
Under the existing arrangement publication of five songs is re¬
quired for eligibility.

10. ASC.AP agrees to modify the practice of compensating its
members so as to make such compensation on the basis of the
popularity of its tunes in any given period. Under the present
method of distribution, compensation is determined by an elabo¬
rate set of rules, including seniority, type of composition, etc.

Disposition of the civil suit by entry of this decree will
not dispose of the criminal suit filed against ASCAP in
the Eastern District of Wisconsin on February 5, 1941.
That case will be disposed of by separate proceedings.

The case was in charge of Victor O. Waters, Special
.\ssistant to the .Attorney General, assisted by Warren
P. Cunningham, special attorney.

.VSCAP’s consent decree:

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE SOUTHERN DISTRICT OF NEW YORK
TERM, 1941

LTnited States of America, Plaintiff,
vs.

.American Society of Composers, Authors and Publishers:

Gene Buck, President; George W. Meyer, Secretary; and Gustave

Schirmer, Treasurer, Defendants.

Civil Action — File No, 1395
CIVIL DECREE

This cause came on to be heard on this day of

1941, the plaintiff being represented by
Thurman .Arnold, Assistant .Attorney General, \4ctor O. Waters.
Special Assistant to the Attorney General, and Warren Cunningham,
Jr., Special .Attorney, aiifl the defendants being represented by

(Continued on page 196)

February 28, 1941 — 195

Neville Miller, President C. E. Arney, Jr., Assistant to President

Edward M. Kirby, Director of Public Relations; Joseph L. Miller.
Director of Labor Relations ; Paul F. Peter, Director of Research ;
Russell P. Place, Counsel; Lynne C. Smeby, Director of Engineering

ASCAP SIGNS CONSENT DECREE
(Continued from page 195)

their counsel, and having appeared and filed their answer to the
complaint herein.

It appears to the Court that defendants herein have consented
in writing to the making and entering of this decree, without any
findings of fact, upon condition that neither such consent nor this
decree shall be construed as an admission or adjudication that said
defendants have violated any law.

It further appears to the Court that this decree will provide
suitable relief concerning the matters alleged in the complaint filed
herein and that by reason of the aforesaid consent of defendants
and its acceptance by plaintiff it is unnecessary to proceed with
the trial of the action, or to take testimony therein, or that any
adjudication be made of the facts.

Now, Therefore, Upon motion of plaintiff, and in accordance
with said consent, it is hereby

Ordered, Adjudged and Decreed

1. The Court has jurisdiction of the subject-matter set forth in
the complaint and of the parties hereto with full power and
authority to enter this decree and the complaint states a cause
of action against the defendants under the Act of Congress of
July 2, 1890, entitled “An Act to Protect Trade and Commerce
Against Unlawful Restraints and Monopolies” and the Acts amenda¬
tory thereof and supplemental thereto.

2. Defendants, Gene Buck, as President of the American So¬
ciety of Composers, Authors and Publishers; George W. Meyer,
Secretary; Gustave Schirmer, Treasurer; and American Society of
Composers, Authors, and Publishers, its officers, directors, agents,
servants, employees, members, and all persons acting or claiming
to act on its behalf are hereby perpetually enjoined and restrained
from entering into or carrying out, directly or indirectly, any com¬
bination or conspiracy to restrain interstate trade and commerce, as
alleged in the complaint, by doing, performing, agreeing upon,
entering upon or carrying out any of the acts or things herein¬
after in this paragraph II prohibited.

(1) Defendant, American Society of Composers, Authors and
Publishers, shall not, with respect to any musical composition,
acquire or assert any exclusive performing right as agent, trustee
or otherwise on behalf of any copyright owner, its members, or
other owner of the performing right, or pursuant to any under¬
standing or agreement with such owner, or its members, to pay
for such right a share of, or an amount measured by, the receipts
or revenues of said defendants. Nothing herein contained shall be
construed as preventing defendant, American Society of Composers,
Authors and Publishers, from regulating the activities of its mem¬
bers in the following respects: (a) By requiring all moneys de¬
rived from the issuance of licenses by the respective members of
defendant to be paid by the licensee to defendant and distributed
in the same manner as other revenues; (b) by requiring of its
members that notice be given the defendant of their intent to

196— February 28, 1941

issue licenses before the issuance of same; (c) by prohibiting
the members from issuing exclusive licenses to commercial users
of music; (d) by requiring, as a condition precedent to the issu¬
ance of a license by an individual member of the Society, the
approval and consent, to be obtained by the licenser, of the com¬
poser (s), author (s) and publisher subject to such reasonable
regulations as may be adopted by the composer (s), author (s),
and publisher for that purpose; (e) by prohibiting the members
from granting or assigning to persons, firms, corporations or
enterprises, including Broadcast Music, Inc., the right to license
or assign to others the right to perform publicly for profit the
respective copyrighted musical compositions of which performance
rights are owned or controlled by the respective members of the
defendant Society.

(2) Defendant, American Society of Composers, Authors and
Publishers, shall not enter into, recognize as valid or perform any
performing license agreement which shall result in discriminating
in price or terms between licensees similarly situated; provided,
however, that differentials based upon applicable business factors
which justify different prices or terms shall not be considered dis-
cirimnations within the meaning of this sub-paragraph; and pro¬
vided further that nothing contained in this sub-paragraph shall
prevent price changes from time to time by reason of changing
conditions affecting the market for or marketability of perform¬
ing rights.

(3) Defendant, American Society of Composers, Authors and
Publishers, shall not require, as a condition to any offer to license
the public performance for profit of a musical composition or com¬
positions for radio broadcasting, a license fee of which any part
shall be (a) in respect of commercial programs, based upon a
percentage of the income received by the broadcaster from pro¬
grams in which no musical composition or compositions licensed
by said defendant for performance shall be performed, or (b) in
respect of sustaining programs, an amount which does not vary in
proportion either to actual performance, during the term of the
license, of the musical compositions licensed by said defendant for
performance, or to the number of programs on which such com¬
positions or any of them shall be performed; provided, however,
that nothing herein contained shall prevent said defendant from
licensing a radio broadcaster, on either or both of the foregoing
basis, if desired by such broadcaster, or upon any other basis
desired by such broadcaster.

With respect to any existing or future performing license agree¬
ment with a radio broadcaster, defendant, American Society of
Composers, Authors and Publishers, shall not, if required by such
broadcaster, refuse to offer a per program basis of compensation
on either or both of the following basis which may be specified
by the broadcaster:

(i) in respect of sustaining programs a per program license
fee, expressed in terms of dollars, requiring the payment
of a stipulated amount for each program in which musical
compositions licensed by said defendant shall be performed;
(li) in respect of commercial programs, a per program license
fee, either expressed in terms of dollars, requiring the pay¬
ment of a stipulated amount for each program in which
the musical compositions licensed by said defendant for
performance shall be performed, or, at the option of
defendant, the payment of a percentage of the revenue
derived by the licensee for the use of its broadcasting
facilities in connection with such program.

In the event that defendant shall offer to license the public per¬
formance for profit of a musical composition or compositions for
radio broadcasting upon either or both of the foregoing per pro¬
gram basis, and shall also offer to license such performance on a
basis of compensation which shall not vary in direct proportion

(Continued on page 199)

FOUR WEEKS TO MOVIN’ DAY

Barring strikes, floods, fires and other acts over
which we have no control, a large envelope con¬
taining at least the following will be mailed
Saturday :

1 — Special Movin’ Day theme song written by
BMI staff.

2, 3 & 4 — Three Movin’ Day scripts.

5 — Release by Commissioner T. A. M. Craven.

6 — “Engineering Aspects of the North American

Regional Broadcasting Agreement,” by
E. K. Jett, chief engineer. Federal Com¬
munications Commission.

7 — Announcements, and

8 — Perhaps other items.

WRITE ART STRINGER

Stations are now well under way with their promotional
plans for Radio INIovin’ Day. Will you tell us what
they are? This kind of cooperation helps everybody.

RADIO GUIDE HELPS

Curtis Mitchell, retiring editor of Movie-Radio Guide,
announces extensive cooperation with the broadcasting
industry to publicize Movin’ Day and the new frequency
locations.

“In our issue coming to the newsstand the week before the big
station Movin’ Day we tell readers what it is all about and what
they may do by way of alleviating any inconvenience,” he
wrote.

“The following week we recapitulate the first article and present
a station log showing all the stations with their new frequencies,
listed alphabetically.

“The following week we will publish another station log giving
the frequency of every American station listed according to kilo¬
cycles. We believe these special features, which will be played
up big on our covers, will do a very satisfactory job.”

KEN-RAD TUBE & LAMP CORP. OVER WLW

R. W. Metzner, sales manager of Ken-Rad, will in¬
clude at least a 150-word Movin’ Day editorial plug
in his company’s 11:15 p. m. program over WLW on
Mondays. This schedule started February 24 and will
continue through April 14.

ORDER MOVIN’ DAY LEAFLETS

Three thousand (3,000) or a million are prepared to
get the 2-color leaflets to you in time for effective dis¬
tribution. Over 400,000 imprinted leaflets will be turned
over to parcel post or express company for stations on
Saturday.

We will appreciate receiving orders at your early con¬
venience. These leaflets are inexpensive and effective.

FIRST MAYORALTY PROCLAMATION

The chief executive of Hattiesburg, Miss., is the first
Mayor to issue a Movin’ Day proclamation. News was
reported by C. J. Wright, manager, WFOR, who made
the contract. He said:

“We are transcribing the Mayor’s voice and will present it at
opportune times between March 10-29. In addition we have also
prepared and transcribed some promotional announcements that
we will use in this campaign.”

MINNESOTA AND THE NORTHWEST

Writes E. H. Gammons, general manager, WCCO:

“Twin City stations are already at work with the various groups
of servicemen . . . the Northern States Power Company in Minne¬
sota and other states in which it operates in the Northwest is
distributing the change in frequencies in next month’s billings.”

Minneapolis and St. Paul stations plan to begin their
air campaign around the middle of March.

TOLEDO

J. H. Ryan, vice president. The Fort Industry Com¬
pany, and head of WSPD, says: “We have received good
cooperation from the local gas and electric companies.”

ROCHESTER

William Fay, general manager, WHAM, says that
Rochester stations have already had a meeting with the
Electric League of Rochester, local manufacturers, radio
dealers and servicemen, station representatives and ad¬
vertising agencies. About the middle of the month the
stations intend to begin a teaser campaign which will
continue for approximately one week. Then stations will
devote the remainder of the time to definite announce¬
ments regarding the change over of frequencies.

DENVER

Several of the Denver stations have had preliminary
conversations as to suitable Movin’ Day promotion, ac¬
cording to word from Gene O’Fallon, president, KFEL.

ITHACA

Cornell University’s station WHCU, Ithaca, N. Y ,
has arranged with the local power company for 30,000
of the 2-color leaflets on reallocation to be enclosed with
next month’s statements. Deal was set by Michael R.
Hanna, general manager, WHCU.

CHATTANOOGA

The power company which serves Chattanooga will
distribute 42,000 2-color Alovin’ Day leaflets in March
*bills on behalf of the city's three stations WAPO, WDEF
and WDOD. R. G. Patterson, WAPO, was contact.

February 28, 1941 — 197

THE STATE OF GEORGIA

Joe W. Kling, of the Georgia Power Company, which
serves yS'/f- of the entire state, is putting 225,000 logs
of Georgia broadcast stations in next months’ bills, ac¬
cording to a note from Howard Donahoe, program di¬
rector, WAGA, Atlanta.

The staffer is printed on red-orange cover stock. On
the reverse side of the enclosure appears the following:

“March 29 Is Moving Day for U. S. Radio Stations

“Beginning March 29, your favorite radio station will
have a new ‘address’ on the dial. On the other side
of this card is published a list of all Georgia stations
with their old and new frequencies in kilocycles. Use
this table to locate your station. Or simply set the dial
at the old location number and then vary it slightly
up or back. You should be able to pick up your station
in that way without difficulty.

“If you have a receiving set with push button tuning,
a radio service man should make the proper adjustments
for changed frequencies.

“The Georgia Power Company does not sell, install
or repair radio sets. This card is sent to you only as a
matter of information.

“Georgia Power Company”

The enclosures will go into homes and commercial
establishments in the 450,000 square miles of territory
served.

AMARILLO

Amarillo, Texas’ two stations, KFDA and KGNC, will
receive Movin’ Day assistance from the Southwestern
Public Service Company. Five thousand 2-color leaflets
will be inserted in the March bills, according to John
Ballard, general manager, KGNC.

ENCLOSED ’WITH THIS ISSUE

Enclosed with this issue of NAB Reports is a piano-
graphed copy of the official Movin’ Day proclamation
issued by the Governor of South Carolina. Like the
other governors who have so far proclaimed, this chief
executive has gone all the way to cooperate.

SAN DIEGO

J. Clark Chamberlain, secretary-manager. Bureau of
Radio and Electrical Appliances, San Diego, Cal., is do¬
ing a fine job of jn'ornoting Movin’ Day. On February
24 he wrote:

“Wc arc working uir and now have under production a special
log for this territory of which wc will print at least 50,000 copies
for free distribution. Considerable newspaper advertising will be
run bv the Bureau. Every possible advantage to be gained from
this change will be stressed in this copy. Users will be assured
that the entire move is solely in the interest of the better reception.

“In addition to meetings of our Board we have had group dis-*
russions of service dealers to make sure that they all understand
the magnitude of the change over problem.”

198 — February 28, 1941

COLUMBUS, MISS.

The Columbus City Power and Light Department
March bills will contain stuffers “telling of the change¬
over of WCBI,” according to Bob McRaney, general
manager of the station.

TWELVE PROCLAMATIONS

Up to Thursday noon, February 27, twelve governors
had either issued Radio Movin’ Day proclamations or
had agreed to do so. The nine unreported cooperating
governors are:

Culbert L. Olson — California
Ralph L. Carr — Colorado
*Robert A. Hurley — Connecticut
Henry F. Schricker — Indiana
Keen Johnson — Kentucky
Leverett Saitonstall — Massachusetts
Paul B. Johnson — Mississippi
John W. Bricker — Ohio
Burnet R. Maybank — South Carolina

* Connecticut’s governor is prohibited by law from making
desired proclamation, but he will issue a statement instead.

Governors reported in NAB Reports of February 21
were:

Matthew M. Neely — West Virginia
Homer M. Adkins — Arkansas
Payne Ratner — Kansas

Members of the Governors’ Movin’ Day Proclamation

Committee are:

Name

Station

City and State

*Thomas C. McCray

WTIC

Hartford, Conn.

George Kelley

WeSH

Portland, Maine

*John Shepard HI

Yankee Network

Boston, Mass.

Earle Clement

WLNH

Laconia, N. H.

John J. Boyle

WJAR

Providence, R. I.

Charles P. Hasbrook

WCAX

Burlington, Vt.

Harold Smith

WOKO

Albany, N. Y.

J. Gorman Walsh

WDEL

Wilmington, Del.

Alfred J. McCosker

WOR

Newark, N. J.

A. D. Willard, Jr.

WJSV

District of Columbia

John Elmer

WCBM

Baltimore, Md.

Edney Ridge

WHIG

Greensboro, N. C.

*G. Richard Shafto

WIS

Columbia, S. C.

C. T. Lucy

WRVA

Richmond, Va.

^Howard L. Chernoff

WCHS

Charleston, W. Va.

Howard E. Pill

WSFA

Montgomery, Ala.

W. Walter Tison

WFLA

Tampa, Fla.

J. Leonard Reinsch

WSB

.Atlanta, Ga.

H. H. Buttner

WKAQ

San Juan, Puerto Rico

Juan Piza

WNEL

San Juan, Puerto Rico

*Ed Zimmerman

KARK

Little Rock, Ark.

James A. Noe

WNOE

New Orleans, La.

*Wiley P. Harris

WTDX

Jackson, Miss.

Harry Stone

WSM

Nashville, Tenn.

*W. L. Coulson

WHAS

Louisville, Ky.

*Richard A. Borel

WBNS

Columbus, Ohio

^Eugene C. Pulliam

WIRE

Indianapolis, Ind.

John E. Fetzer

WKZO

Kalamazoo, Mich.

Leslie C. Johnson

WHBF

Rock Island, Ill.

H. H. Born

WHBL

Sheboygan, Wis.

J. 0. Maland

WHO

Des Moines, Iowa

George M. Burbach

KSD

St. Louis, Mo.

John J. Gillin, Jr.

WOW

Omaha, Neb.

Earl H. Gammons

wcco

Minneapolis, Minn.

F. E. Fitzsimonds

KFYR

Bismarck, N. Dak.

A. A. Fay

KABR

Aberdeen, S. Dak.

*Ben Ludy

WIBW

Topeka, Kans.

Neal Barrett

KOMA

Oklahoma City, Okla.

Name

Station

City and State

Harold Hough

WBAP

Fort Worth, Tex.

*Gene O’Fallon

KFEL

Denver, Colo.

C. G. Phillips

KIDO

Boise, Idaho

Ed Craney

KGIR

Butte, Mont.

S. S. Fox

KDYL

Salt Lake City, Utah

H. L. McCracken

KYAN

Cheyenne, Wyo.

*Howard Lane

KFBK

Sacramento, Calif.

J. Howard Worral

KGMB

Honolulu, Hawaii

W. D. Warren

KOH

Reno, Nev.

Dick Lewis

KTAR

Phoenix, Ariz.

Ivan R. Head

KVSF

Sante Fe, N. Mex,

.A. S. Lathrop

KFAR

Fairbanks, Alaska

C. Rov Hunt

KOIN

Portland, Ore.

H. J. Quilliam

KIRO

Seattle, Wash,

* Proclamation received or agreed.

In many states the Governor’s office will release a
copy of the proclamation to all state papers, to press
associations, radio stations and other interested parties.
To make sure, however, that all stations receive news
of the proclamation, without fail, it is suggested that
members of the Governors’ Movin’ Day Proclamation
Committee also notify stations by mail when, as and
if the proclamation is issued.

It might be helpful also to carry a line in the letter
stating the exact time after which the proclamation may
be released. This is because the date of issuance of a
proclamation may be later than the date stamped thereon.

LINE UP MAYORS

While the Governors’ Committee is arranging matters
don’t forget to see the Mayors of cities in your service
area about similar proclamations or resolutions.

ASCAP SIGNS CONSENT DECREE
(Continued from page 196)

either to actual performances during the term of the licenses of
the musical compositions licensed by said defendant for perform¬
ance or to the number of programs on which musical compositions
licensed by defendant shall be performed, defendant shall act in
good faith so that there shall be a relationship between such per
program basis and such other basis, justifiable by applicable busi¬
ness factors, including availability, so that there will be no frus¬
tration of the purpose of this sub-paragraph to afford radio broad¬
casters alternative basis of license compensation.

(4) Defendant, American Society of Composers, Authors and
Publishers, shall not license the public performance for profit of
any musical composition or compositions except on a basis whereby,
in so far as network radio broadcasting is concerned, the issuance
of a single license, authorizing and fixing a single license fee for
such performance by network radio broadcasting, shall permit the
simultaneous broadcasting of such performance by all stations on
the network which shall broadcast such performance, without
requiring separate licenses for such several stations for such per¬
formance.

(5) With respect to any musical composition in defendant’s
catalogue of musical compositions licensed for radio broadcasting
and which is or shall be lawfully recorded for performance on
specified commercially sponsored programs on an electrical trans¬
cription or on other specially prepared recordation intended for
broadcasting purposes, said defendant shall not refuse to offer to
license the public performance for profit by designated radio broad¬
casting stations of such compositions by a single license to any
manufacturer, producer or distributor of such transcription or

recordation or to any advertiser or advertising agency on whose
behalf such transcription or recordation shall have been made who
may request such license, which single license shall authorize the
broadcasting of the recorded composition by means of such tran¬
scription or recordation by all radio stations enumerated by the
licensee, on terms and conditions fixed by said defendant, without
requiring separate licenses for such enumerated stations.

(6) Defendant, American Society of Composers, Authors and
Publishers, shall not, in connection with any offer to license by it
the public performance for profit of musical compositions by users
other than broadcasters, refuse to offer a license at a price or prices
to be fixed by said defendant for the performance of such specific
(i.e., per piece) musical compositions, the use of which shall be
requested by the prospective licensee.

(7) Defendant, American Society of Composers, Authors and
Publishers, shall not, in connection with any offer to license by
it the public performance for profit of musical compositions by
radio broadcasters, refuse to offer a license on a per performance
on per program basis as provided for in paragraph II (3) hereof
at a price or prices to be fixed by said defendant for the perform¬
ance of such programs, the use of which shall be requested by the
prospective licensee.

(8) Defendant, American Society of Composers, .Authors and
Publishers, shall not assert or exercise any right or power nor shall
any of its members exercise any right or pow'er to restrict from
public performance for profit by any licensee of said defendant
any copyrighted musical composition in order to exact additional
consideration for the performance thereof, or for the purpose of
permitting the fixing or regulating of fees for the recording or
transcribing of such composition; provided, however, that nothing
in this sub-paragraph shall prevent said defendant or its members
from restricting performances of a musical composition in order
reasonably to protect the work against indiscriminate performances
or the value of the public performance for profit rights therein
or to protect the dramatic performing rights therein, or, as may
be reasonably necessary in connection with any claim or litigation
involving the performing rights in any such composition.

(9) The Society shall not elect the members of the Board of
Directors in any manner other than by a membership vote in which
all author, composer and publisher members shall have the right
to vote for their respective representatives to serve on the Board
of Directors. Due weight may be given to the classification of the
member within the Society in determining the number of votes
each member may cast for the election of directors. Upon the
expiration of the terms of office of the present directors, the pro¬
visions of this section shall apply' to the election of their successors.
Thereafter, not less than one-twelfth of the total membership of
the Board of Directors shall be elected annually.

(10) Defendant, .American Society of Composers, .Authors and
Publishers, shall provide in its by-laws that the Society shall not
distribute to its members the moneys received by granting the right
to perform copyrighted musical compositions publicly for profit on
any basis other than the number, nature, character and prestige of
the copyrighted musical compositions composed, written or pub¬
lished by each member, the length of time in which the works of
the member have been a part of the catalog of the Society, and
popularity and vogue of such works, all to be determined in a fair
and non-discriminatory manner.

(11) Defendant, .American Society of Composers, .Authors and
Publishers, shall not require as a condition precedent to eligibility
for author or composer membership in the Society the regular
publication of more than one musical composition or writing by
any person who regularly practices the profession of writing music
and the text or lyrics of musical works.

February 28, 1941 — 199

III. The terms of this decree shall be binding upon, and shall
extend to each and every one of the successors in interest of
defendant. American Society of Composers, Authors and Publishers,
anri to any and all corporations, partnerships, associations and
individuals who or which may acquire the ownership or control,
flirectly or indirectly, of all or substantially all of the property,
business and assets of defendant, American Society of Composers,
Authors and Publishers, whether by purchase, merger, consolida¬
tion, reorganization or otherwise. None of the restraints or require¬
ments herein imposed upon the defendant shall apply to the acquisi¬
tion of or licensing of the right to perform musical compositions
publicly for profit outside the United States of .America, its terri¬
tories and possessions.

I\'. For the purpose of securing compliance with this decree,
and for no other purpose, duly authorized representatives of the
Department of Justice shall, on the written request of the Attorney
General or an .Assistant .Attorney General and on reasonable notice
to defendant, .American Society of Composers, Authors and Pub¬
lishers, made to the principal office of said defendant, be permitted
(a) reasonable access, during the office hours of said defendant, to
all books, ledgers, accounts, correspondence, memoranda, and other
records and documents in the possession or under the control of
said defendant, relating to any of the matters contained in this
decree; (b) subject to the reasonable convenience of said defendant
and without restraint of interference from it, and subject to any
legally recognized privilege, to interview officers or employees of
said defendant, who may have counsel present, regarding any such
matters; and said defendant, on such request, shall submit such
reports in respect of any such matters as may from time to time be
reasonably necessary for the proper enforcement of this decree ;
provided, however, that information obtained by the means per¬
mitted in this paragraph shall not be divulged by any representative
of the Department of Justice to any person other than a duly
authorized representative of the Department of Justice, except in
the course of legal proceedings in which the United States is a
party or as otherwise required by law.

V. This decree shall become effective ninety (90) days after the
entry hereof, except that the provisions of subparagraph (6) of
paragraph II shall become effective nine (9) months after the
effective date of the other provisions of this decree.

AT. Jurisdiction of this cause is retained for the purpose of
enabling any of the parties to this decree to make application to
the Court any time after the effective date hereof for such further
orders and directions as may be necessar>' or appropriate in relation
to the construction of or carrying out of this decree, for the modifi¬
cation hereof upon any ground for the enforcement of such com¬
pliance herewith and the punishment of violations hereof. Juris¬
diction of this cause is retained for the purpose of granting or
denc'ing such applications so made as justice may require and the
right of the defendant to make such application and to obtain such
relief is expressly granted.

United States District Judge.

We hereby consent to the entry of the foregoing decree.

For the complainant:

THURMAN ARNOLD

A ICTOR O. W.ATERS
Special Assistant to the Attorney General

WARREN CUNNINGHAM, JR.

Special .Attorney

For the Defendants;

BMI

THE NEW MUSIC CONQUERS CANADA

Broadcasts Music, Inc., announces that it has con¬
cluded arrangements for the printing of all of its leading
popular tunes in Canada. A recent Canadian edition of
5,000 copies of I Hear A Rhapsody was sold within a
week and was followed by the second 5,000 which was
likewise exhausted within a week. Canada’s three best¬
selling records at the present are I Hear A Rhapsody,
Frencsi, and You Walk By, in the order named. Aside
from war songs more than 90% of the songs ordered in
the Dominion are BMI publications or licensed through
BMI.

Copyright counsel for BMI recently appeared before
the Copyright Appeal Board of Canada to recjuest four
cents out of the eight cents on each licensed receiving
set in Canada for performing rights. This is the first
time that the Copyright Appeal Board has received claims
of two competitive agencies, the entire field having been
covered heretofore by the Canadian Performing Rights
.Society, a subsidiary of ASCAP. The Canadian Asso¬
ciation of Broadcasters stated at the hearing that they
welcomed BMI to the field as a competitive source of
music.

-Analysis based on the performance of representative
Canadian stations presented at the hearing indicated
that total performances in Canada are now in the ratio
of three BMI tunes to five ASCAP tunes. Each per¬
forming rights agency is required to file its catalogues
and its tariff of expected charges with the Canadian
Copyright Board for decision. An announcement of the
proportion of the eight cents which will be allotted to
BIMI and to .^SC.^P is expected soon.

BMI GIVES A SONG TO BRITAIN

Peter Colefax, member of the Administrative Commit¬
tee of the British War Relief Society, has acknowledged
receipt of a letter from M. E. Tompkins, General Man¬
ager of Broadcast Music, Inc., which sets forth the desire
of the composers of a new song. The Vesper Bells of
Dover, to contribute their entire royalties from the sale
and performance of the song to the Society. At the sug¬
gestion of the composers, Mr. Tompkins points out that
BMI is also contributing its full share of any profits ac¬
cruing from the sale and performance of the compo¬
sition.

The song, written by Don IMcCray, Robert Sour, and
Ernest Gold, appeals to the nostalgia in the heart of
every Englishman for a return of “the days we knew

200 — February 28, 1941

before” and “of the days that once again must be.” The
chorus follows:

“The quiet hush of evening was falling once again
.\nd the VESPER BELLS WERE RINGING IN DOVER.
Here friends could talk together and wander down the lane
While the VESPER BELLS WERE RINGING IN DOVER.
Now the old cathedral is facing troubled times
But still it welcomes nightfall with the same familiar chimes.
The great white cliffs are watching while waves come rolling in
And the VESPER BELLS KEEP RINGING CLEAR IN
DOVER.”

BMI FEATURE TUNES
March 3-10

1. HIGH ON A WINDY HILL

2. YOU WALK BY

3. HERE’S MY HEART

4. WHERE’S THE CAPTAIN’S HAT

5. IT ALL COMES BACK TO ME NOW

6. MAY I NEVER LOVE AGAIN

7. I CAN’T REMEMBER TO FORGET

8. WISE OLD OWL

9. ACCIDENT’LY ON PURPOSE

10. KEEP AN EYE ON YOUR HEART

11. BECAUSE OF YOU

12. ALL I DESIRE

13. WALKIN’ BY THE RIVER

14. LET’S DREAM THIS ONE OUT

15. LITTLE SLEEPYHEAD

16. TALKING TO THE WIND

17. BREAKFAST FOR TWO

18. I LOOK AT YOU

19. SHADOWS IN THE NIGHT

20. STONE’S THROW FROM HEAVEN

The appeal of BMI tunes to the public is clearly estab¬
lished by their position in the coin machines, in phono¬
graph record sales, and sheet music sales. In this week’s
issue of Billboard 3 of the 6 top numbers in the coin
machines and 5 of the 8 in the “coming up” group
are numbers published or licensed by BMI. In Variety,
6 of the top 10 and 4 of the next 8 are from the BMI
list. Phonograph record sales show that the 9 best selling
records are all covered by the BMI license, while in sheet
music sales the first 13 (according to Variety), 10 of the
first 15 (according to Billboard) are covered by the BMI
license.

Twenty-five new publishers have sprung up during the
“battle of music,” 15 of them licensing their music
through BMI. Among those who have recently entered
the publishing business are a number of band leaders,
singers, and composers. Claude Lapham, well-known
composer and teacher, recently resigned from ASCAP
and opened his own publishing house which will feature
his music. Included in the firms whose performing rights

are controlled by BMI are Regent Music Corp., pub¬
lishing originals by Benny Goodman; Mutual Music,
outlet for the music of the Glenn Miller band; Republic
r^Iusic, owned by Sammy Kaye; London Music, issuing
originals by the Guy Lombardo band; and Nationwide
Music, specializing in songs written by its owner, Lanny
Ross.

At the present time The Moon Won’t Talk, published
by Regent Music, Number 10 Lullaby Lane from Warren
Music, and / Do, Do You? published by Stevens Music,
all licensed through BMI, are coming up rapidly among
the most popular tunes of the country.

HIT MADE HIT-MAKER

A hefty swing to the jaw of Alberto Dominguez de¬
termined the future career of Latin America’s composer
of the currently popular BMI hit tunes Frenesi and
Perfidia.

Nine years ago, Dominguez, one of eighteen children,
aspired to pugilistic fame. He had already made good
as musician and composer at the age of nineteen wdth
two musical hits to his credit. However, a deep-rooted
hankering to become the bantam-weight champion of
all Mexico obsessed him. He had up to that time
slugged his way up to the top of the amateur class in
his native Chiapas and the surrounding land. To test
his boxing skill he entered the professional ranks in
[Mexico City and signed up for his premiere bout — a
six-rounder. In the second round his opponent swung
a haymaker that completed its arc of motion on Alberto’s
chin. Alberto heard music, slumped to the ring floor,
and later in his dressing room decided his future was
in music. Today Dominguez contends that in the few
seconds of semi-consciousness when he lay on the rosin-
strewn ring mat he heard the most beautiful music. He’s
been trying to interpret the charm of that elusive tune
ever since.

Substituting the baton for the boxing gloves, Domin¬
guez organized five of his eleven music-playing brothers
into the “Dominguez Marimba Band.” Within four
years his aggregation of tunemakers became the rage
of music-made [Mexico City. Radio Station XEW, most
powerful south of the Rio Grande, signed Dominguez
and his brothers for long-term service.

Dominguez relaxes by writing music. He is master
of piano, trumpet, saxophone, violin, xylophone, and
clarinet.

He hails from a family with wide musical background.
His parents, in moderate circumstances, taught school
with special emphasis on music. At the age of nine
Dominguez played piano, xylophone, and trumpet suffi¬
ciently well to participate in the family circle orchestra,
."^t ten he wrote Viva La Fcria. It is .still being played
at festivals and countv fairs in [Mexico.

February 28, 1941 — 201

Frcnesi and Perfidia have been pleasing Mexican ears
for several years. Artie Shaw, vacationing in Mexico City
last year, heard Dominguez play and got permission to
feature Frcjicsi on his American radio program several
months later. Shaw, it can be said, by featuring the
tune really discovered the merits of Dominguez’ work.
Perfidia followed Frcnesi and when BiMI pushed the songs
they became hits.

Dominguez composes his music when inspired by mood
or stress of emotion. When in the “moody groove,” he
says, he can finger out on the piano a likeable tune in
fifteen or twenty minutes. Frcnesi was written after a
hard day’s work and excitement. Dominguez couldn’t
sleep and in his restlessness the melody came to him.
He climbed out of bed, rushed to the piano with manu¬
script paper and pencil and poured out his feelings onto
paper, via music. When dawn broke Frenesi was born.
Not a note from the original manuscript has been
changed, Dominguez says.

The unassuming 28-year-old composer recently slipped
unheralded into New York, bringing a bagful of tunes
which he believes will strike American public fancy.
One of the numbers, Un Moment o (One Moment) he
regards as his best selection. Another recent compo¬
sition, Mala Noche (Insomnia), which he knocked off
after a mild nightmare, will be played with Un Momento
for the first time over an NBC network.

Apparently unaware of the tremendous popularity of
his music in New York, Dominguez was startled when
the bellboy in the Hotel Edison, where he is staying,
pushed the button which set the room radio in tone and
Frenesi filled the room.

“That’s a lovely song,” commented the bellhop, not
knowing the guest’s identity. “I hear some ambitious
Mexican music student wrote it. I bet he’s going places
someday.”

Dominguez smiled and said simply, “It would be nice
for that to happen.”

FRENESI GOES OVER THE TOP

The sales of phonograph records of Frenesi are giving
a demonstration of the popularizing power of radio.
Artie Shaw’s record has already become one of the half-
dozen best-sellers published by the RCA Victor Com¬
pany in recent years. It was placed on sale about nine
months ago. Its sales were good but not phenomenal
until it began to be featured by BMI stations. During
the past four months the sales of the record have mounted
steadily and at the present time there are about ten other
records of Frenesi selling under various labels. It is re¬
liably stated that a record of Frcnesi is to be found in
nearly all of the country’s 500,000 coin phonographs,
with the Shaw recording featured in about half of them.
According to present indications the total sale of Frcnesi

202— February 28. 1941

records by various orchestras will hit well over the million
mark.

For the past ten weeks Frenesi has been among the
leading sheet music sales with about 175,000 piano copies
sold to date.

FIRST 100 PER CENT BMI PICTURE

The first 100% BMI picture will be Puddin’ Head,
starring Judy Canova and produced by Republic Pic¬
tures. Jack Owens will do the complete score. BMI
will promote the top songs of the film on all of its mem¬
ber stations.

DUKE ELLINGTON RECORDS BMI HITS

Duke Ellington and his orchestra have recorded seven
Broadcast Music, Inc. hit songs on electrical transcrip¬
tions for the Standard Radio, Inc., of Hollywood. The
discs have been released to radio stations throughout
the country and mark the first radio appearance of the
Ellington group since last December when the band went
on a tour of the west coast.

Numbers recorded by Ellington were: Bounce from
IleUzapoppin’ , Frenesi, I hear A Rhapsody, It’s Sad But
True, Love and I, Madame Will Drop Her Shawl, and
Until Tonight.

90 PER CENT BMI

Leon Mojica has written the BMI office in Hollywood
as follows:

“Just a reminder to let you know that your tunes are very
popular here in San Francisco.

“To be truthful I Ret requests every night for about 90 per
cent BMI songs. Your Macumba, I’m At a Loss For Words and
Walkin’ By The River are very outstanding. In fact, they are
tops.”

MARKS FEATURES NEW CUBAN FOX
TROTS

The Edward B. Marks iMusic Corporation is featuring
two new fox trots by Ernesto Lecuona, well-known Cuban
composer whose most recent hit was The Breeze and 1.
The two new numbers are For Want Of A Star and Two
Hearts That Pass In The Night. Both of these numbers
are already being featured by leading orchestras includ¬
ing Jimmy Dorsey, Orrin Tucker, Tony Pastor, Guy
Lombardo, and others and record companies have already
scheduled them for waxing.

Engineering

ENGINEERING CONFERENCE

The last two days of the Ohio State Broadcast Engi¬
neering Conference were devoted to frequency modulation

and UHF tubes. The banquet at the Fort Hayes Hotel
on Thursday night, February 20, served to bring the
Conference to a successful climax.

John F. Morrison, of the Bell Laboratories, discussed
the various FM circuit designs, pointing out the good fea¬
tures and the limitations of each system. iMajor Arm¬
strong, in commenting on iMr. Morrison’s presentation,
said that we were fortunate to have a number of ways
to produce frequency modulation, and that the competi¬
tion between the various laboratories undoubtedly brings
about a better and more rapid development of circuit
design.

I. R. Weir, of the General Electric Company, discussed
practical operating problems in FM transmitters.

E. D. McArthur, of the General Electric Company, dur¬
ing his discourse on UHF tubes, pointed out that the size
of elements and the relation to other elements in the
tube was of much more importance than at lower fre¬
quencies. He showed how leads of a few inches length
could have many ohms reactance, and that therefore it
was necessary to build UHF tubes as small and compact
as possible.

The sessions on FM were fittingly summed up during
the “round table on FM problems” conducted by Mr.
Paul DeMars, Yankee Netw'ork, E. J. Content, WOR,
and Dan Gellerup, WTiMJ. Many questions on various
EM problems had been submitted in advance and these
were discussed. Mr. DeMars, chairman of the round table,
showed slides of the new turnstile antenna installation at
Paxton. The slides showed how a separate transmission
line had been run from each element to a termination
house at the base of the tower, and the various elements
were then properly phased at that point. In showing
slides of the Mount Washington PM installation, DeMars
pointed out that in order to obtain the proper strength
the turnstile elements w^ere made from automobile springs,
because the biggest hazard from ice was large chunks of
it falling on the elements and breaking them off.

Present at the banquet Thursday night at the Fort
Hayes Hotel were 19 engineers who had attended all four
of the Annual Broadcast Engineering Conferences. Pro¬
fessor Everitt, Director of the Conference, presented each
of these engineers with a diploma, attesting to their four-
year attendance. In token of appreciation for the Con¬
ferences, the members presented to Professor Everitt a
chronometer wrist watch, and a cigarette case and lighter
were presented to his secretary, Miss Dorothea Fismer.

The registration of 287, a gain of 39 over last year, at¬
tested to the steady growth and popularity of the Con¬
ferences. The list of those present shows that the members
of the Conference assembled from Coast to Coast. Several
of those in attendance came all the way from the West
Coast and Western Canada.

The Conference has come to be looked upon as the

main meeting each year for Broadcast Engineers. NAB
officially cooperated in the Fourth Broadcast Engineering
Conference, and Professor Everitt has indicated his desire
that this cooperation be extended to future conferences.

TELEVISION HEARING

The FCC on February 27 issued its release No. 47872
entitled “Procedure For Television Hearing Scheduled
For March 20, 1941.”

The following is quoted from this release:

The Commission on January 27, 1941, directed that a hearing
he held at its offices, Washington, D. C., beginning Thursday,
March 20, 1941, for the purpose of considering the various engi¬
neering standards that have been suggested for television broadcast
stations, to determine when television broadcasting shall be placed
upon a commercial basis, and to afford all interested parties full
opportunity to be heard on all the pertinent problems related to
the standardization and commercialization of television broadcast¬
ing. This action of the Commission was set forth in a press release
dated January 28, 1941. The press release included the statement:
“The Commission will issue a more specific notice as to suggested
rules for consideration, and the procedure for the scheduled hear¬
ing.”

Pursuant to the above, interested parties are requested to con¬
sider the advisability and effect of the promulgation by the Com¬
mission of the attached drafts: (1) rules and regulations for com¬
mercial television broadcast stations; (2) rules and regulations
for experimental television broadcast stations, and (3) standards
of good engineering practice for television broadcast stations. In
several instances the suggested standards are in the alternative,
and the Commission desires to hear interested parties on the ad¬
visability and effect of alternative suggestions, as well as on the
question when the rules and regulations permitting commercializa¬
tion shall be placed in effect, and the question whether standardi¬
zation and commercialization shall apply to any of the higher
television channels Nos. 8 to 18, both inclusive. It is to be under¬
stood that neither the regulations nor the standards have received
the approval of the Commission and are to be taken solely as a
basis for directing the attention of the parties to the issues in
this proceeding.

All interested parties will be afforded full opportunity to propose
standards, to comment upon standards which have been proposed
by others, to cross-examine various witnesses and, generally, to
be heard upon all the pertinent problems in connection with the
standardization and commercialization of television.

The attention of persons interested in frequency modulation
for the sound channel is invited to the alternative transmission
standards Nos. 13 and 22.

All parties desiring to appear are requested to file with the
Commission in this proceeding (Docket No. 5806), on or before
March 13, 1941, a notice of desire to be heard setting forth the
subjects to which their testimony will be directed, the number
of witnesses desired to be heard, and the estimated time for pre¬
senting testimony. In the event any party desires to make pro¬
posals for regulations or standards not set forth in the attachments
the notice should specifically set forth such proposals. Eighteen
copies of the notice of desire to be heard should be submitted,
and, in addition, at least 18 copies of any printed or typewritten
material desired to be offered in connection with the testimony
should be made available at the hearing.

The hearing will begin at 10 a. m., and will be held in Hearing
Room “A”, Interstate Commerce Commission Building.

The public notice contained attached drafts of rules
and regulations for commercial and experimental television
broadcast stations and standards of good engineering
practice for television stations.

The proposed rules, regulations and standards were
outlined in complete detail and in the cases where there
maj^ be a controversy, the alternatives were listed.

While being guided by the final finding of the National
Television Systems Committee, it is apparent that the

February 28, 1941 — 203

rules and regulations outlined for discussion by the FCC
contain the alternatives wherever there may be a minority
opinion opposed to the general opinion of the NTSC.

Legislation

FEDERAL

HOUSE

H. R. 3464 (Walter, D-Penna.) — To provide for the more
economical, expeditious, and just settlement of disputes with the
United States, and for other purposes. Referred to Committee
on Judiciary.

HOUSE JOINT RESOLUTION

H. J. Res. 123 (Sheridan, D-Penna.) — To define the principle
of international reciprocity in the protection of American patents,
trade-marks, secret formulas and processes, and copyrights by pro¬
viding a method for assuring the payments of amounts due to
persons in the United States from users thereof in countries re¬
stricting international payments from their territories. Referred
to Committee on Patents.

STATE

Georgia;

S. 133 (Edenfield et al.) SMALL LOANS — To define and
regulate the business of making loans in the amount of $300 or
less. Referred to Committee on Special Judiciary.

Maryland:

H. 394 (B.aynes) FRAUDULENT ADVERTISING— AMUSE¬
MENTS — To add a new section to Article 27 of the .Annotated
Code of Maryland (1939 Edition), title “Crimes and Punishments”,
sub-title “Fraud-Advertisements”, said new section to be known
as Section 212.\, relating to the use of the true names of performers
in advertisements publicizing shows given for the amusement and
entertainment of the public. Referred to Committee on Judiciary.

S. 303 (Lindsay) MUSICAL COPYRIGHTS — To add Secs.
364-370 to Art. 56 of the Annotated Code (1939 Ed.), providing
for the licensing and regulation of the business of collecting
royalties from copyrighted musical compositions. Referred to
Committee on Finance.

Massachusetts:

Public Document 12 (B & B S) (Recommendation of Attorney
General) SMALL LOANS — ADVERTISING — To provide that
there shall be no advertising by small loan businesses unless such
advertising has first received the approval of the commissioner of
banks. Fteferred to Committee on Banks and Banking.

New Mexico:

S. 149 (Armijo) FEEDING STUFFS — To amend school (sales)
tax law to provide that feed stuffs sold in bulk shall take whole¬
sale instead of retail rate and among other things imposes a 2%
tax on gross receipts of broadcasting stations. Referred to Com¬
mittee on Livestock.

Pennsylvania :

S. 324 (Dent) MUSIC COPYRIGHTS— RADIO STATIONS—
Regulating the copyrights and the performing rights of any com¬
position of music, lyrics, verse or drama; providing for a filing
fee of S cents for each number registered and an annual mainte¬
nance fee of 2 cents for each number; prohibiting a flat perform¬
ing fee in contracts with radio stations and providing for a com¬
pensation on a program basis; prohibiting the use of material
without permission. Referred to Committee on Judiciary Special.

PROPOSED REVISION OF EXCESS-
PROFITS TAX

On Tuesday the House passed a series of amendments
to the Excess-Profits Tax Section of the Second Revenue

Act of 1940. The Bill has now been placed on the Senate
calendar and prompt passage is expected.

These amendments are the result of study by Treasury
and Congressional tax experts since the Excess-Profits Tax
Act was passed last Ooctober. They are designed to alle¬
viate hardships inherent in the original tax measure. In
general the amendments provide methods for eliminating
hardships caused by abnormalities of income in the base
period years, on which the excess-profits credit is based,
and in the taxable year itself.

Of particular interest to many broadcasting corpora¬
tions is the amendment providing for an alternative
method for computing the excess-profits credit on the
average earnings method. As pointed out in a previous
article on the excess-profits tax, appearing in NAB Re¬
ports, of October 4, 1940, corporations subject to the
tax which are just emerging from their development period
with a record of meager earnings in the base period years
(1936-39), would be penalized unduly by the existing
law.

This amendment provides an alternative method; per¬
mitting the averaging of the first two and the second
two years of the base period separately, taking the differ¬
ence between the two averages and adding half of this
difference to the average for the last 2-year period. How¬
ever, it is provided that this credit shall not exceed the
amount of the excess-profits tax net income of any one
year of the base period.

This means, in effect, that a corporation with constantly
increasing earnings during the 4-year base period can
have a credit up to the amount of the highest excess-
profits tax net income year of the four.

Other amendments relate to a 2-year carry-over of
unused credit against income, subject to the excess-profits
tax, as compared to a 1-year carry-over in the present bill;
specific deductions for abnormal income in the 4-year base
period; joint returns for insurance companies; the re¬
capitalization of advertising and other goodwill expenses
included in the base year period which are clearly of a
nature of a capital investment; revision of income cate¬
gories affecting the excess-profits tax base in years now
subject to statute of limitations, and revision of the gen¬
eral relief section of the excess-profits law to permit up¬
ward revision of abnormally low incomes in base period
years.

BILL TO ARBITRATE MUSIC FEES

A measure (H. R. 3456) has been introduced in Con¬
gress by Representative Martin J. Kennedy (D.-N. Y.)
which seeks to protect the public in hearing and enjoy¬
ing the playing of copyrighted music. The price for per¬
forming rights is declared affected with public interest,
and whenever a copyright pool refuses to sell performing
rights at a fair and reasonable compensation, the Federal

204 — February 28, 1941

Trade Commission is empowered to arbitrate the price.
If the pool fails to comply, it shall be guilty of an unfair
method of competition, and its copyrights subject to
condemnation proceedings. Any person wilfully refusing
to license performing rights at a fair and reasonable price
would be subject to $5000 fine or one year’s imprisonment
or both.

We print the bill in full:

H. R. 3456

77th Congress — 1st Session
IN THE HOUSE OF REPRESENT.4TIVES
February 18, 1941

Mr. Martin J. Kennedy introduced the following bill; which was
referred to the Committee on Interstate and Foreign Commerce

.4 BILL

To protect the public, sponsors of broadcasting programs, broad¬
casting stations, performers, and all persons interested in radio
from being deprived of the enjoyment by means of radio broad¬
cast of music.

Be it eyiacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That this
.4ct may be cited as the "Protection of the Public in Flearing and
Enjoying the Playing of Copyrighted Music”.

DEFINITIONS

Sec. 2. As used in this Act —

(a) The term "person” means an individual, partnership, cor¬
poration, association, or any other form of business enterprise,
plural or singular, as the case may be.

(b) The term "music” means any musical composition, with or
without lyrics, and for which a United States copyright has been
issued.

(c) “The public” means all persons citizens of the L’nited States.

(d) “Sponsors” means persons who for value engage time on
broadcasting stations and pay for programs thereon.

(e) “Programs” means any time on broadcasting stations giving
entertainment, musical or nonmusical.

(f) “Broadcasting stations” means any person engaged in broad¬
casting by radio.

(g) “Performers” means any persons engaged in presenting enter¬
tainment, either musical or nonmusical, on broadcasting programs.

(h) The term “Commission” means the Federal Trade Com¬
mission.

(i) The term “Territory” includes the insular possessions and
any Territory of the United States.

Sec. 3. It is hereby determined and declared that the price or
charge for aJ license or permission to perform copyright music in
theaters, places of amusement or entertainment, or other places
where public exhibitions, games, contests, or performances are held,
or by means of radio or other electrical devices, is a matter affected
with public interest and subject to regulation by the Government
of the LTnited States for the purpose of safeguarding the public
against fraud, extortion, exorbitant rates, and similar abuses.

Sec. 4. Whenever two or more persons, owners, assignees, or
possessors of a LTnited States copyright on any musical production
combine or join in an association to fix or limit the price charged
for the public use or performance of said musical production shall
refuse to enter into an agreement or contract with any other person
permitting that person to publicly use said musical productions
upon the payment of a fair and reasonable compensation, the
Federal Trade Commission shall, upon the application of any in¬
terested party, summon before it the persons seeking the use of
said copyright musical production and the owner, assignee, or
possessor of such copyright musical and after hearing all parties
fix a reasonable compensation for such use and shall make an order
thereon permitting the use of said copyright music upon the pay¬
ment of such fixed compensation. Any person refusing to comply
with the terms of such order shall be guilty of an unfair method
of competition within the meaning of the Federal Trade Commission
Act.

Sec. 5. (a) Except as otherwise specifically provided herein, this
Act shall be enforced by the Federal Trade Commission under rules,

regulations, and procedure provided for in the Federal Trade Com¬
mission Act,

The Commission is authorized and directed to prevent any person
from violating the provisions of this .Let in the same manner, by
the same means, and with the same jurisdiction, powers, and duties
as though all applicable terms and provisions of the Federal Trade
Commission .Let were incorporated into and made a part of this
Act ; and any such person violating the provisions of this Act shall
be subject to the penalties and entitled to the privileges and immuni¬
ties provided in said Federal Trade Commission Act. in the same
manner, by the same means, and with the same jurisdiction,
powers, and duties as though the applicable terms and provisions
of the said Federal Trade Commission .Let were incorporated into
and made a part of this Act.

Sec. 6. .Lny copyright of any musical production shall be liable
to be proceeded against in the district court of the United States
for the district in which the owner, assignee, or possessor of such
copyright shall reside or maintain a place of business and to be
seized for confiscation by process of libel for condemnation if the
Commission has reasonable cause to believe that the owner, licensee
or possessor of such copyright has refused to comply with the order
of the Commission as provided for by section 4 of this Act. Pro¬
ceedings in such libel cases shall conform as nearly as may be to
suits in rem in admiralty and may be brought by the Commission.

If such copyrights are condemned by the court, they shall be
disposed of in the discretion of the court by sale to the highest
bidder on a public sale or by cancelation. If such copyrights are
disposed of by sale, the proceeds less legal costs and charges shall
be paid into the Treasury of the LTnited States.

Sec. 7. .Lny person who willfully violates section 4 of this .Let
shall be guilty of a misdemeanor and upon conviction shall be
fined not more than $5,000 or be imprisoned not more than one
year or both in the discretion of the court ; provided that nothing
herein shall limit other provisions of this Act.

Whenever the Commission has reason to believe any person is
guilty of a misdemeanor under this section it shall certify all per¬
tinent facts to the .Lttorney General, whose duty it shall be to
cause appropriate proceedings to be brought for the enforcement
of the provisions of this section against such person.

Sec. S. The provisions of this .Let shall be held to be in addition
to, and not in substitution for or limitation of, the provisions of
any other Act of the LTnited States.

EFFECTIVE DATE

Sec. 9. This Act shall take effect six months after the date of its
passage.

separability clause

Sec. 10. If any provision of this .Let, or the application thereof
to any person, partnership, corporation, or circumstance is held
invalid, the remainder of the .Let and the application of such pro¬
visions to any other person, partnership, corporation, or circum¬
stance shall not be affected thereby.

Sales

COST-PER-INQUIRY

On the cost-per-inquiry front, a number of concerns are
trying to get stations to accept contingent deals and guar¬
antee a fixed return. Some of these are:

Mendenhall Manufacturing Company, Mendenhall, Miss, (ho¬
siery) .

Don Howard. Radio .Ldvertising, Del Rio, Texas, on behalf of
Bargain Book House ("The Home Book of Medicine”).

Haldeman-Julius Publications, Girard, Kansas (Little Blue
Books) .

Walter E. Battenfield Company, Des Moines, Iowa, on behalf
of Speed King Hot Water Heater Company, Kristee Company and
Safety Signal Company.

The Bible Press, Richmond. Virginia (Bibles).

Precision Window Springs Company, Newark, N. J.

.All six, in the opinion of the Bureau of Radio Advertis¬
ing, are opposed to the best interests of radio stations, and

February 28, 1941 — 205

the Bureau has written them accordingly. At the same
time, it has invited each of the above-named companies
to give serious consideration to a paid radio campaign,
if they wish to obtain maximum results and maintain
the continued goodwill and cooperation of the broad¬
casting industry.

Miscellaneous

DISTRICT 1 MEETING

A meeting of the N.AB stations in the First District
(New England) is scheduled for March 4, at the Hotel
Bancroft in Worcester, Massachusetts, beginning at 10
a.m. A staff representative of NAB will attend to discuss
industry problems and Association activities, and bring
the New England broadcasters up to date on music de¬
velopments. Election of a District Director for the en¬
suing two-year term will be an important item of business.

THAD BROWN DIES

Thad H. Brown, 54 years old, former member of the
Eederal Communications Commission, died Tuesday night
at Cleveland, Ohio, according to word received in Wash¬
ington, from an intestinal ailment.

He served on the Federal Communications Commission
from its inception until last October. The former secre¬
tary of state of Ohio, unsuccessful candidate for governor
in 1926, left the FCC to return to private law practice
after the Senate Interstate Commerce Committee refused
to confirm his reappointment to the Commission.

MONOPOLY REPORT A “CURRENT
PROBLEM”

Asked about the FCC monopoly report at a press con¬
ference early this week, James Lawrence Fly, Chairman,
said that the report from the Legal Division had been
somewhat delayed because of the illness of Assistant Gen¬
eral Counsel Rauh. He expressed the hope that the
Legal Division's draft of the report would be made to
the Commission itself sometime this week.

Chairman Fly said that the “report is a current problem
and will receive current attention.” He said how long
it will take the Commission to iron out the report, he did
not know.

Mr. Fly told the newspapermen that there is nothing
particularly new insofar as the Defense Communications
Board is concerned. Committees of the Board, he stated,
are starting to function in turning out their reports. There
are now three or four before the Board and the Coordi¬
nating Committee has received a considerable number.
Such reports are preliminary and cover special phases.

IMr. Fly in answer to a question said that he did not be¬
lieve that the reports themselves would be made public,
but stated that he would try to devise some means to
give out a general statement covering at least some of
the reports.

FM EXPERIMENTALLY OPERATING

FCC has announced its policy concerning the existing
high frequency broadcast stations operating experiment¬
ally by means of frequency modulation as follows:

I. .4 person having (1) an experimental FM station and (2) a
commercial FM construction permit may be authorized, upon ap¬
propriate request, to operate his existing station commercially on
the frequency designated in the commercial construction permit
with commercial call letters, provided the applicant demonstrates
that he has made a bona fide effort to comply with the construction
permit. Such showing must include photostatic copy of acknowl¬
edgment of order for transmitter and promised delivery date.

II. A person having (1) an experimental FM station and (2) an
application pending for a commercial FM construction permit may
be granted one or more extensions of his present special temporary
experimental authorization, on condition that operations there¬
under shall be experimental only, on the experimental frequency,
and with experimental call letters.

III. A person having an experimental FM station but no com¬
mercial construction permit or application pending therefor may
be granted one or more extensions of his present special temporary
experimental authorization, so long as no commercial FM broad¬
cast service is actually rendered in the area served by such experi¬
mental station. When such commercial FM service is placed in
operation the special temporary experimental authorization will
be discontinued.*

CHANGE IN INTERNATIONAL
BROADCAST RULE

The following paragraph has been added to FCC Rule
4.44(c):

“Any frequency assigned to an international broadcast station
shall also be available, during hours when such frequency is not
regularly used by such station or when no objectionable interfer¬
ence would be caused to the service rendered by any existing inter¬
national broadcast station, for assignment to other international
broadcast stations.”

BROADCAST MEASUREMENTS

FCC experts during January measured 722 broadcast
stations, leaving 153 stations not measured.

Of these stations 673 showed a maximum deviation
within 0-10 cycles; 44 stations within 11-25 cycles; and
5 stations within 26-50 cycles. No stations showed a
deviation over either 20 or 50 cycles.

FROM THE FCC MAIL BAG

The Federal Communications Commission has re¬
ceived the following resolution from the Greenwich
(Conn.) Council of Women:

“Resolved, That the Greenwich Council of Women commend
the increased policing of radio by the Federal Communications
Commission, to guard against subversive activity, and the Council
also notes with gratification the special appropriation of $1,600,000

* No authorization for any class of hi^h frequency broadcast station t whether
AM or FM) which expired January 1. 1941, by Order No. 69, and which has
not heretofore been extended, may be reinstated.

206 — February 28, 1941

authorized for this purpose by the President, and $175,000 from
Congress with which to reallocate six of its seven main monitoring
stations to detect unlicensed transmitters.”

The Commission, which functions largely as a licensing
authority, informs a Canadian professor that it is un¬
able to confirm a radio announcement concerning the
capture of a member of the British RAF as a prisoner
of war, but suggests that the inquirer communicate direct
with the management of the station over which the an¬
nouncement was made.

A New Orleans man is advised that the Commission
has issued no rules or regulations with reference to the
transmission and delivery of interstate telegrams. It
explains that ordinarily the telegraph companies in their
tariff schedules establish the rules and regulations appli¬
cable to this subject. The companies are required by
the Commission to maintain copies of such tariff sched¬
ules for public inspection. Accordingly, these schedules
can be consulted at New Orleans.

Since it has no jurisdiction over oil pipe lines, the
Commission has referred to an appropriate authority the
request of a State commission for information as to the
date certain pipe lines were laid in that State.

An advertising agency which wants the broadcast in¬
dustry to observe standard time throughout the year as
a solution to the time-change problem is informed that
the matter is one for determination by the industry itself.

A Yonkers, N. Y., man would ban from the air con¬
tinuities of finance companies on the ground that they
have a tendency to undermine stability of those not in
a position to borrow money. He is advised that com¬
plaints relative to misrepresentation and unfair methods
of competition in interstate commerce should more prop¬
erly be addressed to the Federal Trade Commission.

A Long Island man opines that certain news commen¬
tators “are alarmists and should be held in restraint.”
His attention is invited to that section of the Commu¬
nications Act which prohibits censorship of radio pro¬
grams.

A woman protests the cancellation of a certain radio
contract and a manufacturer complains of the refusal of
a station to broadcast an advertising announcement with
respect to a patent medicine. The Commission is without
authority to require that a station transmit a particular
program against the will and judgment of the licensee.
The Communications Act specifically states that a person
engaged in radio broadcasting shall not be considered
a common carrier. Any business contract between a sta¬
tion and a sponsor is private in nature.

Various persons who complain about advertising on
the air are reminded that the Commission is limited by
statute from exercising any power of censorship. Exist¬
ing legislation places the responsibility for the selection
of program material upon the station licensees, who are

charged with the duty of operating in the public interest.
In connection with renewals of licenses the Commission
reviews the conduct of stations during preceding license
periods and considers complaints involving any action
of the station claimed to have been against the public
interest. In his application for a station construction
permit, the applicant is required to furnish an analysis
of the average number of hours devoted to the various
types of commercial and sustaining programs, such as
religious, educational, civic, agricultural, and fraternal,
as well as those intended solely for entertainment. As
previously pointed out, the Commission has no juris¬
diction over private contracts for program service.

A New Yorker who applied for a license to do “radio
servicing” is told that this is not a Commission function.

A Providence, R. I., inquirer is informed that as of
February 1 of the current year there were 294 standard
broadcast stations owned or controlled by newspapers or
affiliated with newspapers.

To frequent requests for a copy of the International
Morse Code, the Commission advises that the same ap¬
pears in its printed booklet, “Study Guide and Reference
Material for Commercial Radio Operator Examinations,”
which is sold by the Superintendent of Documents, Gov¬
ernment Printing Office, Washington, at 15 cents a copy.

FEDERAL COMMUNICATIONS
COMMISSION DOCKET

Following hearings are scheduled to be heard in broad¬
cast cases before the Commission during the week be¬
ginning Monday, March 3. They are subject to change.

Monday, March 3

NEW — William D, Hudson and Violet Hutton Hudson, Clarksville,
Tenn. — C. P., 1370 kc., 250 watts, unlimited time.

Tuesday, March 4

KFEQ— KFEQ, Inc., St. Joseph, Mo.— C. P., 680 kc.. 5 KW, un¬
limited, DA day and night.

KWK — Thomas Patrick, Inc,, St. Louis, Mo. — C, P., 680 kc., 50
KW, unlimited, D.4 day and night.

KMBC — Midland Broadcasting Co., Kansas City, Kans. — C. P.,
690 kc., 50 KW, unlimited, D.A night; requests facilities of
KGGF, KFEQ and WNAD as proposed bv N.A.R.A.

KOMA— KOMA, Inc., Oklahoma City, Okla.— C. P., 690 kc., 50
KW, unlimited, D.A night.

KGGF— Hugh J. Powell, Coffeyville, Kans.— C. P., 690 kc., 5 KW,
specified hours, DA night.

Thursday, March 6

Consolidated Hearing

WGNY — WGNY Broadcasting Company, Inc., Newburgh, N. Y. —
C. P., 1370 kc., 250 watts, unlimited.

NEW — Stephen R. Rintoul, Stamford, Conn. — C. P., 1370 kc.,
250 watts, unlimited.

February 28, 1941 — ■ 207

FUTURE HEARINGS

During the past week the Commission has announced
the following future broadcast hearings. They are sub¬
ject to change.

March 28

KGNO — The Dodge Cit_v Broadcasting Co., Inc,, Dodge City,
Kans. — Modification of license, 1840 kc., 500 watts night,
1 KVV day, unlimited. Present assignment: 1840 ke., 250
watts night, t KW day, unlimited.

NEW — J. C. Kaynor, Ellensburg, Wash. — C. P., 1810 kc., 250
watts, unlimited.

April 3

To Be Heard Before Commissioner Paul A. Walker, Place of
Hearing to Be Later Designated

WTMC — Ocala Broadcasting Company, Inc., Ocala, Fla. — In the
Matter of Revocation of License of Station.

WDLP — Panama City Broadcasting Company, Panama City, Fla, —
In the Matter of Revocation of License of Station.

April 10

NEW — Granite District Radio Broadcasting Co., Murray, Utah. —
C. P., 150(1 kc. (1400 kc. when Havana treaty is effective),
250 watts, unlimited.

FEDERAL COMMUNICATIONS
COMMISSION ACTION

APPLICATIONS GRANTED

WT.yG — Worcester Telegram Publishing Co., Inc., Worcester, Mass.
— Granted construction permit to increase power from 1 KW
night, 5 KW LS, to 5 KW day and night; install new
radiators for nighttime directional array; directional an¬
tenna with different patterns day and night; 580 kc. (Bl-
P-5019).

KGGF — Hugh J. Powell, Coffeyville, Kans, — Granted renewal of
license on a temporary basis to operate on 600 kc.. with
1 KW day and 500 watts night, commencing March 29,
1941, pending Commission final action on amended applica¬
tion (B4-P-2883).

WN.\D — University of Oklahoma, Norman, Okla. — Granted con¬
struction permit to move transmitter site from Engineering
Bldg., University of Oklahoma, to approximately 1 mile
south of the center of Norman, Okla., East Stadium. Univer¬
sity of Okla.; change frequency from 1<)I(( kc. to 646 kc.;
install new antenna ; and change hours of operation from
specified to daytime only, subject to approval of antenna
and antenna site (B.l-P-3074) .

KFBI — The Farmers and Bankers Broadcasting Corp., Wichita.
Kans. — Granted modification of construction permit to make
changes in directional antenna for night use (B4-MP-11S6) .

W.‘\B1 — Community Broadcast Service, Inc., Bangor, Maine. —
Granted construction permit to install new transmitter;
install directional antenna for use after sunset at Chicago ;
change frequency from 12(16 to 616 kc. (after March 29) ;
and increase power from 250 watts to 5 KW (Bl-P-2349).

WCFL — Chicago Federation of Labor, Chicago, Ill, — Granted con¬
struction permit to increase power from 5 to 10 KW, un¬
limited time, on 676 kc.; install new' transmitter and direc¬
tional antenna for day and night use (B4-P-2961 ).

WINS — Hearst Radio, Inc., New York City. — Granted construc¬
tion permit to install new transmitter, directional antenna
for day and night use; increase power from 1 to 50 KW ;
change frequency from 1186 to 1066 (N.4RBA frequency)
kc.. and increase hours of operation from limited to un¬
limited, subject to approval of antenna and antenna site
(Bl-P-3026).

l.ewistown Broadcasting Co., Lewistown. Pa. — Granted construc¬
tion permit for a new station to operate on 1566 kc„ 250
watts, unlimited time (B2-P-2977).

208 — February 28, 1941

WCRC — Columbia Broadcasting System, Inc., Brentwood, N. Y. —
Granted modification of construction permit (Bl-PIB-26)
for new international broadcast station, approving antenna
and adding frequency 6650 kc. in addition to present fre¬
quencies; time of operation: sharing w'ith WCAB on 6666
and 21520 kc., with WCAB and WCBX on 6650, 11886
and 15276 kc. (Bl-MPIB-17).

WCBX — Columbia Broadcasting System, Inc., Brentw'ood. N. Y. —
Granted modification of construction permit (Bl-PIB-27)
for international broadcast station approving antenna sys¬
tem and change in type of operation: share 6650, 11880
and 15270 kc. w'ith WCAB and WCRC (Bl-MPIB-18).

WeSH — Congress Square Hotel Co., Portland, Me. — Granted modi¬
fication of construction permit (Bl-P-2535 w'hich authorized
installation of directional antenna for day and night use and
increase in power to 5 KW on 640 kc.). for extension of
completion date to April 25, 1941 (B4-MP-1174).

DESIGNATED FOR HEARING

KWTO — Ozarks Broadcasting Company, Springfield, Mo. — Con¬
struction permit to increase hours of operation from speci¬
fied hours, 5 a. m. to local sunset, to unlimited time, and
install directional antenna for night use; frequency 566 kc.,
1 KW night, 5 KW day (B4-P-2827),

Western Gatew'ay Broadcasting Corp., Schenectady, N. Y. — .4p-
plication for construction permit amended so as to request
new station in Schenectady to operate on 1216 kc., 250
w'atts, unlimited time, to be heard w'ith application filed
bv Van Curler Broadcasting Corp. requesting same facili¬
ties (Bl-P-2690).

Parkersburg Sentinel Co., Parkersburg, W. Va. — .Application for
construction permit to establish a new' station to operate on
1810 kc., 250 watts, unlimited time, exact location of trans¬
mitter and studio sites to be determined with Commission’s
approval (B2-P-3010).

KOVO — Clifton A. Tolboe, tr/as Citizens Voice and Air Show'
(Assignor), KOVO Broadcasting Co., a corp. (Assignee),
Provo, Utah. — .Application for consent to voluntary assign¬
ment of license of station KOVO from an individual (Clifton
.A. Tolboe) to a corporation formed and controlled by that
individual; 1210 kc., 250 w'atts; unlimited time (BS-.AL-
278).

WFNC — W. C. Ewing and Harry Layman, d/b as Cumberland
Broadcasting Co. (Assignor), W. C. Ewing and T. K. Weyher,
partners, tr, as Cumberland Broadcasting Co. (Assignee).
Fayetteville, N. C. — .Application for consent to voluntary
assignment of license of WFNC from W. C. Ewing and
Harry Layman, d b as Cumberland Broadcasting Co., to
W. C. Ewing and T. K. Weyher. a partnership, doing business
under same firm name; (B-3-AL-288) and application for
renewal of license to operate on 1840 kc., 250 watts, day¬
time.

Federated Publications, Inc., Grand Rapids, Mich. — Aoplication
for construction permit for new high frequency (FM) sta¬
tion to operate on frequency 46100 kc., service area 5,300
square miles, hours of operation dav 4 hours, night 4 hours
(B2-PH-60).

Federated Publications, Inc., Battle Creek, Mich, — .Application for
construction permit for new high frequency (FM) station
to operate on frequency 48106 kc., service area 4.100 square
miles, hours of operation dav 4 hours, night 4 hours (B2-
PH-59).

Federated Publications, Inc., Lansing, Mich. — .Application for con¬
struction permit for new' high frequency (FM) station to
operate on frequency 47100 kc., service area 3 820 square
miles, hours of operation dav 4 hours, night 4 hours (B2-
PH-61).

(The above three applications to be heard in consolidated
hearing.)

RENEWAL OF LICENSES

W3XEP — RC.A Manufacturing Co., Inc., Camden, N. J. — Granted
renewal of television broadcast station license for the period
ending February 1, 1942.

W9XUI — State University of Iowa, Iowa City, la. — Granted
renewal of television broadcast station license for the period
ending February 1, 1942.

W3XE — Philco Radio and Television Corp., Philadclohia. Pa. —
Present television station license further extended upon a

temporary basis only, for the period ending April 1, 1941,
pending determination upon application for renewal.

W3XP — Philco Radio and Television Corp., Portable area of Phila¬
delphia, Pa. — Present television station license further ex¬
tended upon a temporary basis only, for the period ending
April 1, 1941, pending determination upon application for
renewal.

W2XH — General Electric Co., Schenectady, N, Y. — Present tele¬
vision station license further extended upon a temporary
basis only, for the period ending April 1, 1941, pending
receipt of applicaton for renewal.

VV2XWE — VVOKO, Inc., Albany, N. Y. — Granted renewal of fac¬
simile broadcast station license for the period ending
March 1, 1942.

WSXUM — WENS, Inc., Columbus, Ohio. — Granted renewal of
facsimile broadcast station license for the period ending
March 1, 1942.

W9XWT — Courier-Journal and Louisville Times Co., Eastwood,
Ky. — Granted renewal of facsimile broadcast station license
for the period ending March 1, 1942.

\V9XYZ— The Pulitzer Publishing Co., St. Louis, Mo. — Present
facsimile broadcast station license extended to April 1, 1941,
pending action on renewal application.

MISCELLANEOUS

WFLA — The Tribune Co., Tampa, Fla. — Adopted order authoriz¬
ing The Tribune Co. to continue its program tests for a
period not to exceed 30 days beyond February 22, 1941 ;
denied petition in respect to issuance of a license (B3-P-
2866).

KWK — Thomas Patrick, Inc., St. Louis, Mo. — Granted motion to
dismiss the petition for rehearing filed November 19, 1940,
directed against Commission action of October 29, 1940,
granting without hearing the application of Brown County
Broadcasting Co., for a new station in Brownwood, Texas,
to operate on freciuency 11150 kc., 500 watts, unlimited
time (B3-P-2672).

J. C. Kaynor, Ellensburg, Wash. — Granted petition to advance
hearing date now scheduled for April 2 to March 28 on
application for new station to operate on 1810 kc., 230
watts, unlimited time.

J. C. Kaynor, Ellensburg, Wash. — Granted petition for order to
take depositions in rehearing on application listed above.

Community Broadcasting Corp., Middletown, N. Y. — Granted
motion for order to take depositions in re application for
construction permit to operate on 181(1 kc., 250 watts,
unlimited time.

WTMC — Ocala Broadcasting Co., Inc., Ocala, Fla. — Adopted order
designating Commissioner Walker to preside at the hearing
on the order revoking the license of Ocala Broadcasting
Co., Inc., for the operation of station WTMC, said hearing
to be held April 3, in a Florida city to be designated.

WDLP — Panama City Broadcasting Co., Panama City, Fla. —
Adopted order designating Commissioner Walker to preside
at the hearing on the order revoking the license of Panama
City Broadcasting Co. for the operation of station WDLP,
such hearing to be held April 3, in a Florida city to be
designated.

KBPS — Benson Polytechnic School, R. T. Stephens, Agent, Port¬
land, Ore. — Granted authority to install automatic frequency
control apparatus (BS-F-172).

KWKH — International Broadcasting Corp., Shreveport, La. —
Granted authority to determine operating power by direct
measurement of antenna power (B3-Z-408).

WDBO — Orlando Broadcasting Co., Inc., Orlando, Fla. — Granted
authority to determine operating power by direct measure¬
ment of auxiliary transmitter (B3-Z-666).

W45V — Evansville on the Air, Inc., Evansville, Ind. — Granted
modification of construction permit (B4-PH-11), which
authorized a new FM station, for change in type of trans¬
mitter and change in location of transmitter from 519 Vine
St. to 2nd Floor, 203 NW, 5th St., Evansville, Ind. (B4-
MPH-10).

WEGQ — Broadcasting Service Organization, Inc,, Mobile (area
of Boston). — Granted construction permit for reinstatement
of relay broadcast station WEGQ, make changes in equip¬
ment, and increase power from 5 to 15 watts; frequencies
8(»83(», 88740, 85830, 87080 ke. (Bl-PRE-382).

Piedmont Publishing Co.. Portable-Mobile (area of Winston-
Salem, N. C.). — Granted construction permit for new relay

broadcast station to be used in connection with applicant’s
standard broadcast station WSJS; frequencies 16.33, 3058,
3150, 3700 kc., 100 watts {B3-PRY-233) .

The Yankee Network, Inc., Portable-Mobile (area of Boston,
Mass.). — Granted construction permit for new relay broad¬
cast station; frequencies 15675((, 158400, 150800, 161100
kc., 20 watts (Bl-PRF-381 ).

WLOY — Loyola University, Portable-Mobile (area of New Orleans,
La.). — Granted license to cover construction permit (B3-
PRY-230), which authorized a new relay broadcast station
to be used with applicant’s standard broadcast station
WWL ; frequencies 1633, 3058, 3150, 3700 kc., 100 watts
(B3-LRY-219).

WEND — WHP, Inc., Portable-Mobile (area of Harrisburg, Pa.). —
Granted license to cover construction permit (B2-PRY-228),
to make changes in equipment, increase power to 2 watts,
and change frequencies to 1606, 3074*, 3103, 3758 kc.,
to be used with applicant’s standard broadcast station
WHP. (*Subject to condition no interference is caused to
Government stations on adjacent frequencies.) (B2-LRY-
220).

VV^DAC — State of Wise., Univ. of Wisconsin, Portable-Mobile, area
of Madison, Wis. — Granted license to cover construction
permit ( B4-PRY-227) , for new relay station to be used
with applicant’s standard broadcast station WHA, Madi¬
son); frequencies 1633, 3658, 3156, 3760 kc., 30 watts
(B4-LRY-215).

WOAI — Southland Industries, Inc., San Antonio, Tex. — To re-
broadcast program consisting of conversations between Army
planes and control tower flying in vicinity of Randolph
Field, Texas, between 8 and 8:30 p. m., EST, February 21,
to be carried over Blue network of affiliated NBC stations.
(Action taken February 19.)

WAAT — Bremer Broadcasting Corp., Jersey City, N. J. — Granted
modification of construction permit (Bl-P-2704), for new
transmitter, installation of directional antenna for night use,
change in power and time from 500 watts daytime to 6
p- m., to unlimited, using 1 KW day and night, and move
of transmitter), for extension of completion date to April
25, 1941 (Bl-MP-1172).

WCBT — J. Winfield Grew, Jr., Roanoke Rapids, N, C. — Granted
license to cover construction permit (B5-P-2647), which
authorized a new station, 1300 kc.. 250 watts, unlimited
time). (B3-L-1313). Also granted authority to determine
operating power bv direct measurement of antenna power
(B3-Z-634).

WDBO — Orlando Broadcasting Co., Inc., Orlando, Fla. — Granted
license to cover construction permit (B3-P-2734), which
authorized increase in power, installation of directional
antenna and changes in equipment; 680 kc., 5 KW, un¬
limited time, using D.A night. (B3-L-1328). Also granted
authority to determine operating power by direct measure¬
ment of antenna input (B3-Z-665).

KFXM — J. C- Lee & E. W. Lee (Lee Bros. Broadcasting Co.),
San Bernardino, Cal. — Granted license to cover construction
permit (B3-P-2017), which authorized installation of new
transmitter). (BS-L-1322).

KROD — Dorrance D. Roderick, El Paso, Texas. — Granted license
to cover construction permit (B3-P-2725), for new equip¬
ment, increase in power from 250 watts to 500 watts night,
1 KW day, and change frequency from 1500 to 600 kc.
(B3-L-1325). Also granted authority to determine operat¬
ing power bv direct measurement of antenna input (B3-Z-
661).

KGBX — Springfield Broadcasting Co., Springfield, Mo. — Granted
license to cover construction permit (B4-P-2510), which
authorized installation of new transmitter, increase in power
to 5 KW, and changes in directional antenna for night use.
(B4-L-1331). Also granted authority to determine operat¬
ing power by direct measurement of antenna input (B4-Z-
672).

KYW — Westinghouse E & M Co., Philadelphia, Pa. — Granted
license to cover construction permit (B2-P-2904), for in¬
crease in power from 10 to 50 KW, and changes in equip¬
ment (B2-L-1323)- Also granted authority to determine
operating power bv direct measurement of antenna input
(B2-Z-6S8).

WEOA — Evansville on the Air, Inc., Evansville, Ind. — Granted
construction permit to move transmitter from 319 Vine
St., to 2nd Floor YMC.\ Bldg., Evansville, Ind., 1870 kc..
250 watts, unlimited time (B4-P-3079).

February 28, 1941 — 209

WIBA — Badger Broadcasting Co,, Madison, Wise. — Granted modi¬
fication of construction permit (B4-P-2689), which author¬
ized changes in antenna system, increase in pow'er from 1
KW night, 5 KW day, to S KW day and night), to install
new' transmitter, make changes in directional antenna system,
approve transmitter site and studio site (B4-MP-1157).

WBTA — Batavia Broadcasting Corp., Batavia, N. Y. — Granted
modification of construction permit (Bl-P-2909), which
authorized a new station on 1500 kc., 250 watts, unlimited
time, for authority to install new transmitter (Bl-MP-1171 ) .

WTOC — Savannah Broadcasting Co., Savannah, Ga — Granted
modification of construction permit (B3-P-2944), w'hich
authorized installation of directional antenna for night use,
for extension of commencement and completion dates to
4-4-41 and 10-4-41 respectively.

WCNW — Arthur Faske, Brooklyn, N. Y. — Granted special tem¬
porary authority to operate with power of 250 W'atts from
9 to 10 p. m., EST, on February 17, in order to broadcast
talk bv former Russian Premier Alexander Kerensky only
(Bl-S-216).

WAGM — Aroostook Broadcasting Corp., Presque Isle, Maine. —
Granted special temporary authority to operate from 7 to
9 p. m., EST, February 27, 28, March 1, 1941, in order to
broadcast basketball games only.

KTRB — KTRB Broadcasting Co,, Inc., Modesto, Calif. — Granted
special temporary authority to operate from 7:30 p- m,,
PST, to the conclusion of basketball games described in
letter dated February 13, 1941, on February 28, March 1
and 8, 1941, in order to broadcast said games and to broad¬
cast events in connection with Annual Oakdale Almond
Blossom Festival on March 1, only; to operate from 7:45
p. m., PST, to the conclusion of Modesto Community
Forum, in order to broadcast said program on March 4,
1941, only.

KFBI — The Farmers and Bankers Broadcasting Corp., Wichita,
Kans. — Granted special temporary authority to operate with
1 KW, non-directional, from 7:30 p. m. to 8:30 p. m. on
February 21, 1941, in order to broadcast interviews from
Washington Day dinner to be held by the Democratic party
in Topeka, only; to operate from 7:30 p. m, to 9 p. m., CST,
February 22, 1941, in order to broadcast a speech by Senator
Pepper of Florida, only.

WSAZ, Inc., Huntington, W. Va. — Granted special temporary au-
thoritx' to operate equipment licensed to the Charleston
Broadcasting Co, as Relay Station WADA on 1(523, 2058,
2150, 3790 kf., 40 watts pow'er, in order to broadcast special
event programs on February 21, 28, March 7, 14, 21, and 28,
1941, to Radio Station WSAZ.

WNEL — Juan Piza, San Juan, P. R. — Granted modification of
construction permit for changes in equipment, antenna, in¬
crease in power from 1 KW night, lYi KW day, to 5 KW
day and night, and move of transmitter, for extension of
completion date from February 25,' 1941, to April 25, 1941
(B-MP-1170).

KEYS — Earl C. Dunn and Charles W. Rossi, d b as Nueces Broad¬
casting Co., Corpus Christi, Tex, — Granted modification of
construction permit which authorized construction of new
broadcast station, for approval of transmitter site at Shell
Road, near Corpus Christi, Tex., approval of antenna;
120(1 kc., 250 watts, unlimited time (B3-MP-1144).

WQBC — Delta Broadcasting Co., Inc., Vicksburg, Miss. — Dismissed
petition to intervene and for rehearing directed against the
action of the Commission October 22, 1940, granting w'ithout
hearing application of WTJS, Jackson, Tenn., for construc¬
tion permit to change frequency, increase power, etc.

WMBG — Havens and Martin, Inc., Richmond, Va. — Granted peti¬
tion for reconsideration and grant without hearing, setting
aside action of the Commission November 13, 1940. desig¬
nating for hearing the application of WMBG for modification
of license to increase night power from 1 to 5 KW on fre¬
quency 1850 kc., unlimited time, using directional antenna
at night. However, issuance of authorization will be with¬
held pending the filing by WMBG and approval by the
Commission of an application for construction permit speci¬
fying a directional antenna such that the radiation in the
direction of WTSP, St. Petersburg, Fla., shall be reduced
so as not to exceed 405 millivolts per ground wave at one
mile from a standard ,.H wave length antenna or 398 milli-
\'olts, 8 degrees above the earth’s surface using a bearing
from Richmond to St, Petersburg of 206 degrees true and

210 — February 28, 1941

that no authorization to operate on the new terms and con¬
ditions will be made effective prior to March 29, 1941.

Worcester Broadcasting, Inc., Worcester, Mass. — Adopted decision
and order denying petition for rehearing directed against the
action of the (Commission, December 17, 1940, granting with¬
out hearing the application of C. T. Sherer Company, Inc.,
for a new station in Worcester to operate on 13(10 kc., with
power of 250 watts, unlimited time, with three 100-watt
amplifier stations to be located near Auburn, Whitinsville,
and Marlborough, Mass., and designated for hearing the
application of Worcester Broadcasting, Inc., for same facili¬
ties, with two amplifier stations to be located near Whitins¬
ville and Marlborough, Mass.

WREN — WREN Broadcasting Co., Inc., Lawrence, Kans. — Denied
petition for action upon application and other relief directed
against the action of the Commission of F’ebruary 4 granting
in part the application of WREN for construction permit
authorizing increase in night power from 1 to 5 KW, subject
to Commission approval of transmitter location and antenna
system at Lawrence, Kans. The Commission amended its
order of February 4 to specify “subject to Commission ap¬
proval of transmitter location and antenna system at Law¬
rence or Tonganoxie, Kans.”

WBAX — John H. Stenger, Wilkes-Barre, Pa. — Denied petition of
WBAX to set aside ruling of Motions Docket Commissioner
made on February 7, which e.xtcnded the date of oral argu¬
ment on application for renewal of license of WBAX from
February 13 to March 13, 1941.

WRDO — WRDO, Inc., Augusta, Maine. — Designated for further
hearing the application for renewal of license of WRDO, in
order to obtain full information with respect to control of
the station.

APPLICATIONS FILED AT FCC

560 Kilocycles

KSFO — The .Associated Broadcasters, Inc., San P’rancisco, Calif. _

Construction permit to change frequency from 5(50 kc. to
740 kc. under North American Regional Broadcasting .Agree¬
ment; increase power from 1 KW night, 5 KW day, to SO
KW day and night; move transmitter from approximately
southeast corner Seawall Lot No. 344, San Francisco, Calif'.,
to lYz miles southwest of .Alvarado, Calif.; install new
equipment and directional antenna for day and night use;
Class H station. Amended to change requested transmitter
site from lYz miles southwest of .Alvarado, Calif., to 2 miles
northwest of Redwood City, Calif., and make changes in
requested directional antenna for day and night use.

610 Kilocycles

WIOD — Isle of Dreams Broadcasting Corp., Miami, Fla. — License
to cover construction permit (B3-P-2476) as modified for
new transmitter, increase in power, installation of direc¬
tional antenna for day and night use, and move of trans¬
mitter.

WIOD — Isle of Dreams Broadcasting Corp., Miami, Fla. — .Author¬
ity to determine operating power by direct measurement of
antenna power.

620 Kilocycles

WAGE — Sentinel Broadcasting Corp., Syracuse, N. Y. — Modifica¬
tion of construction permit (Bl-P-1934) for a new station,
requesting change in type of transmitter and extension of
commencement date to 30 days after grant and completion
date 90 days thereafter.

NEW — Frequency Broadcasting Corp., New York, N. Y. — Con¬
struction permit for a new station to be operated on (530 kc.,
500 watts, daytime. .Amended re antenna system.

740 Kilocycles

WHEB — Granite State Broadcasting Corp., Portsmouth, N. H. —
Voluntary assignment of license from Granite State Broad¬
casting Corp. to WHEB, Inc,

990 Kilocycles

WBZ— Westinghouse Electric & Mfg. Co., Boston, Mass.— License
to cover construction permit (B1-P-299S) which authorized

new transmitter and directional antenna for day and night
use, and move of transmitter.

WBZ — Westinghouse Electric & Mfg. Co., Boston, Mass. — Author¬
ity to determine operating power by direct measurement of
antenna power.

1050 Kilocycles

WIBC — Indiana Broadcasting Corp., Indianapolis, Ind. — Modifi¬
cation of construction permit (B4-P-2886) for change in
hours of operation; increase in power; installation of new
transmitter; move of transmitter and installation of direc¬
tional antenna for night use, requesting approval of direc¬
tional antenna for night use; 1050 kc., 1070 kc. when North
American Regional Broadcasting Agreement becomes effec¬
tive.

1070 Kilocycles

WCAZ — Superior Broadcasting Service, Inc., Carthage, Ill. — Au¬
thority to install automatic frequency control equipment on
1080 kc. under North American Regional Broadcasting
Agreement.

1120 Kilocycles

WTAW— Agricultural & Mechanical College of Texas, College Sta¬
tion, Tex. — Modification of construction permit (B3-MP-
1006) as modified for new equipment and increase in power,
requesting change in type of transmitter and 1150 kc. under
North American Regional Broadcasting Agreement.

1160 Kilocycles

WOWO — Westinghouse Radio Stations, Inc., Fort Wayne, Ind. —
Authority to install automatic frequency control equipment
on 1190 kc. under North American Regional Broadcasting
Agreement.

1210 Kilocycles

WBIR — J. W. Birdwell, Knoxville, Tenn. — Modification of con¬
struction permit (B3-P-2840) as modified for a new station,
requesting authority to change type of transmitter.

WBIR — j. W. Birdwell. Knoxville, Tenn. — License to cover con¬
struction permit (B3-P-2840) as modified for a new station.

WBIR — J. W. Birdwell, Knoxville, Tenn, — Authority to determine
operating power by direct measurement of antenna power.

1230 Kilocycles

NEW — Scripps-Howard Radio, Inc., Houston, Tex. — Construction
permit for a new station to be operated on 1210 kc., 2S0
watts, unlimited time. Class IV. Amended to request 1230
kc. under North American Regional Broadcasting Agree¬
ment.

1260 Kilocycles

KHSL — Golden Empire Broadcasting Co., Chico, Calif. — Construc¬
tion permit to increase power from 500 watts night, 1 KW
day, to 1 KW day and night, and install directional antenna
for day and night use, requesting 1260 kc., 1290 kc. when
North .American Regional Broadcasting .Agreement effective.

1300 Kilocycles

KFH — Radio Station KFH Co., Wichita, Kans. — Authority to
determine operating power by direct measurement of antenna
power on 1330 kc. under North American Regional Broad¬
casting Agreement.

1360 Kilocycles

KGER — Consolidated Broadcasting Corp., Long Beach, Calif. —
Construction permit to make changes in equipment, increase
power from 1 KW to 5 KW, install directional antenna for
night use, requesting 1360 kc., 1390 kc. under North Amer¬
ican Regional Broadcasting Agreement.

1370 Kilocycles

WGL — Westinghouse Radio Stations, Inc., Fort Wayne, Ind. —
Authority to install automatic frequency control equipment
on 1450 kc. under North American Regional Broadcasting
Agreement.

1400 Kilocycles

WARD — United States Broadcasting Corp., Brooklyn, N. Y. — •
Voluntary assignment of license from United States Broad¬
casting Corp. to Unified Broadcasting Corporation of Brook¬
lyn. Contingent on B1-ML-10S4.

WARD — Unified Broadcasting Corp. of Brooklyn, Brooklyn, N. Y.
— Modification of license to change hours of operation from
shares with WLTH, WVFW and WBBC to unlimited time,
requesting facilities of WLTH, WVFW and WBBC, and
move studio. Contingent on grant of WARD’S application
Bl-AL-302.

1420 Kilocycles

WPRP — Julio M. Conesa, Ponce, P, R. — Modification of construc¬
tion permit (B-P-2377) which authorized new transmitter,
move transmitter, increase power and hours of operation,
requesting change in equipment and approval of transmitter
site and antenna. Amended to specify 1520 kc. under North
American Regional Broadcasting Agreement.

WLAP — American Broadcasting Corp. of Kentucky, Lexington,
Ky. — Modification of construction permit (B2-P-2900) to
move transmitter and install new antenna, requesting exten¬
sion of completion date from 3-16-41 to S-1-41.

1450 Kilocycles

KIEM — Redwood Broadcasting Co., Inc., Eureka, Calif. — Author¬
ity to determine operating power by direct measurement of
antenna power on 1450 kc., 1480 kc. under North .\merican
Regional Broadcasting Agreement.

1500 Kilocycles

NEW — Barclay Craighead, Butte, Mont. — Construction permit for
a new station to be operated on 1500 kc., 250 watts, un¬
limited time. Class IV.

FM APPLICATION

NEW — Gibraltar Service Corporation, Philadelphia, Pa. — Construc¬
tion permit for a new high frequency broadcast station to be
operated on 46100 kc., coverage 9,318 square miles. Amended
re antenna changes.

TELEVISION APPLICATION

W2XD— General Electric Company, Schenectady, N. Y. — License
to cover construction permit (B1-PVB-S5) as modified for
a new relay television station.

MISCELLANEOUS APPLICATIONS

NEW — WGN, Inc., Chicago, Ill. — Modification of construction
permit (B4-PH-7) for a new high frequency broadcast
station, requesting approval of transmitter and antenna,
and request multiplex transmission of facsimile.

KAQX — Central States Broadcasting Co., Portable-Mobile (area
of Omaha, Nebr.). — License to cover construction permit
(B4-PRY-210) as modified, for a new relay broadcast
station.

WNYE — Board of Education, City of New York, Brooklyn, N. Y.
— Construction permit to change frequency from 41100 k«“.
to 42100 kc., increase power from 500 watts to 1000 watts,
and install new equipment. Amended; To change emission
from A-3 to special for frequency modulation.

NEW — Piedmont Publishing Co., Portable-Mobile (area of
Winston-Salem, N- C.). — Construction permit for a new
relay broadcast station to be operated on 30820, 33740,
35820, 37980 kc., 2 watts, A-3 emission.

NEW — Piedmont Publishing Co., Portable-Mobile (area of Win¬
ston-Salem, N. C.). — License to cover above construction
permit.

K.AQW — Central States Broadcasting Co., Portable-Mobile (area
of Omaha, Nebr.). — License to cover construction permit
(B4-PRY-209) as modified for a new relay broadcast
station.

NEW — Muzak Corporation, New York, N.Y. — Construction permit
for a new developmental broadcast station to be operated
on 117000 kc. or some channel not now allocated for some
purpose, 1000 watts, special emission for frequency modu¬
lation.

February 28, 1941 — 211

FEDERAL TRADE
COMMISSION ACTION

COMPLAINTS

Federal Trade Commission has alleged unfair competi¬
tion against the following firms. The respondents will
be given an opportunity to show cause why cease and
desist orders should not be issued against them.

Helen Hurrisun Candies, Ine. — Use of lottery methods in the
sale of candy is alleged in a complaint issued against Helen Harri¬
son Candies, Inc., 325 North Wells St., Chicago.

The respondent corporation, according to the complaint, sells to
wholesalers, jobbers and retail dealers certain assortments of candy
so packed or assembled as to involve the use of a game of chance,
gift enterprise or lottery scheme, when sold to the consuming
public. Punch board devices are used, the complaint alleges.

Charging that the respondent’s practices have been of a sort
which are contrary to Federal Government public policy and in
violation of the Federal Trade Commission Act, the complaint
grants the respondent 20 days for filing answer. (4467)

.\rlliur Jacohsoii . A complaint has been issued charging .Arthur

Jacobson, Upsala, Minn,, with dissemination of advertisements
containing false representations to induce purchase of products
represented as comprising a treatment for defective eyesight with¬
out resort to glasses, drugs or surgery. According to the com¬
plaint, the respondent sells “Eye Tester” and “Eye .Adjuster”
devices with printed instructions, charts and other paraphernalia.

The respondent allegedly represents that his system is new and
revolutionary; that 90 per cent of the defects of the eye can be
remedied by its use; that it will improve eyesight and eliminate
headaches and nervousness, and that it will correct nearsighted¬
ness, astigmatism and strabismus.

Alleging that the respondent’s system is not new or revolutionary
and that its use will not accomplish the results claimed, the com¬
plaint charges violation of the Federal Trade Commission Act
and grants the responrlent 20 davs for answering the charges.
(4466)

Parlie, .Viistiii & Lipseoiiih, liie. — Misuse of the names of the
Smithsonian Institution and the Elnited States Flag Association,
Washington, in connection with the sale of books of an encyclo¬
pedic nature, is alleged in a complaint issued against Parke,
.Austin & Lipscomb, Inc., and its subsidiary, Smithsonian Institu¬
tion Series, Inc., both of 500 Fifth Ave., New York. Other re¬
spondents are .Mfred Monett and Robert A. Hogan, Jr,, officers
of the two corporations, and Joseirh M. McAndrews, an officer
of the parent company.

The complaint alleges that use of the words “Smithsonian
Institution” as a part of the corporate name of the respondent
Smithsonian Institution Series, Inc., constitutes a misleading repre¬
sentation that the corporation is a part of, or connected with, the
Smithsonian Institution, Washington, a non-profit organization
devoted to scientific research and the promotion of learning.

According to the complaint, the respondents, through their sales¬
men and by other means, represent that such salesmen are em¬
ployed by, or connected with, the Smithsonian Institution; that
their publication “Smithsonian Scientific Series” is published and
sold bv that institution, and that it receives the entire profit from
such sale, when such are not the facts. The complaint alleges
that the books are sold by the respondents as an ordinary com¬
mercial enterprise, and that the Smithsonian Institution receives
from the respondents only ^a royalty of 10 per cent on all gross
sales of the books under a contract providing that the Smith¬
sonian Institution furnish the Smithsonian Institution Series, Inc.,
manuscripts and illustrations for use in its books.

The complaint further alleges that Parke, Austin &: Lipscomb,
Inc,, and the individual respondents represent that their salesmen

are representatives of the United States Flag Association, Wash¬
ington, and that that organization receives the entire profit from
the sale of the respondents’ “World Epic” books, which profits
are used to maintain a lobby in Washington for combating anti-
American and subversive organizations and influences, when such
are not the facts.

According to the complaint, the respondents sell their books as
an ordinary commercial enterprise for profit, and the only benefit
derived by the flag association from such sales is a small royalty
for issuing bulletins and letters recommending the books. The
United States Flag Association, according to the complaint, is a
patriotic non-profit organization and has not engaged in lobbying.

The respondents are further charged with wrongful use of
letters from United States Senators and other prominent persons
endorsing the aims and purposes of the United States Flag Asso¬
ciation. Such letters allegedly are represented by the respondents
as endorsements of their books, when in fact they relate to the
association and not to the respondents’ books, (4465)

CEASE AND DESIST ORDERS

No cease and desist orders were issued by the Com¬
mission last week.

STIPULATIONS

Following stipulations have been entered into during
the past week:

■Inieruaii (Juuiete Keceptade C'oiiipany, trading as Amer¬
ican Vault Company, 579 Kenilworth Ave., Detroit, a dealer in
equipment and materials for use in manufacturing burial vaults
composed principally of asphalt and concrete, has entered into a
stipulation. Linder the stipulation the respondent agrees to cease
employing statements implying that burial vaults made in molds
or forms or containing materials sold by it will assure everlasting
protection to the caskets or bodies encased therein, or that such
vaults are permanently waterproof. The respondent further agrees
to cease representins: that such vaults are better than competitive
products in preventing or retarding the formation of “sweat” or
moisture on their inner surfaces. (3037)

(Jiimble-Skogiuo, Inc., 700 Washington Ave., North, Minne¬
apolis, entered into a stipulation to cease advertising that “Gamble’s
Electric Fence Controller” has been approved, tested or certified
by the Underwriters’ Laboratories, Inc,, or by the National Bureau
of Standards of the United States Department of Commerce. The
stipulation recites that this product has not been so tested or
approved. (02739)

Miihtec Oas-Savec Company, 218 South Wabash Ave., Chicago,
stipulated to cease advertising that any gain in power or miles per
gallon will result from the use of its device “Master Gas-Saver,”
on an automobile equipped with a correctly adjusted carburetor of
proper size. The respondent also agrees to cease representing that
the device stops gasoline waste, reduces carbon, makes starting
easy, increases riding efficiency, operates as a super-charger, or is
new or different from other devices used for the same purpose.
The respondent further agrees to discontinue use of the words “Gas-
Saver” to describe its device or as part of its corporate or trade
name. (02744)

Merz & Chemical Works, Inc., East Orange, N. J., stipu¬
lated that it will cease advertising its medicinal preparation “Merz-
■Allium” as being bactericidal and as being effective in treating
colitis, intestinal catarrh, diarrhea, coughs, bronchitis, arthritis,
rheumatism, sciatica, colic, influenza, asthma or tuberculosis. The
respondent corporation also agrees to desist from advertising that
results obtained from the use of its preparation are unobtainable
from any other, and that Merz-.\llium is recommended by the
“drugless profession.” (02740)

212 — February 28, 1941

E. W. Kahn, Harvard Avc., and East 42nd St., Cleveland, has
entered into a stipulation to cease representing that “Rahnous
Capsules,” “Rahnous Nasal Drops No. 1” and “Rahnous Nasal
Drops No. 2,” alone or in combination, comprise a competent treat¬
ment for colds, hay fever, rose fever, asthma, or catarrh, in excess
of affording temporary relief from symptoms and the discomforts
associated with these conditions ; that either of the products is a
specific, and that the product Rahnous Capsules is of aid in building
body resistance or that it regulates the body. (02738)

Sal-Fayne Corporation, Dayton, Ohio, entered into a stipula¬
tion to cease certain representations in the sale of “Sal-Fayne,” a
medicinal preparation.

Under its stipulation, the respondent corporation agrees to cease
advertising that use of its product banishes headaches, distress after
over-indulgence, periodic pains or muscular pains; that it is an
effective remedy for post-operative pains, or has therapeutic value
in treating such disorders and conditions in excess of a palliative
affording temporary relief ; and that it is capable of stopping or
preventing colds, preventing the development of “flu”, relieving
mental or physical dullness, and effectively treating the nerves.

The respondent also agrees not to publish advertisements which
fail to reveal that the frequent or continued use of its preparation
may be dangerous, causing serious blood disturbances, and that no
more than the dosage recommended should be taken. The stipula¬
tion provides that such advertisements need contain only a state¬
ment that the preparation should be used only as directed on the
label, if and when the label either carries a warning to the same
effect or specifically directs attention to a similar caution or warn¬
ing statement in the accompanying labeling.

The Sal-Fayne Corporation further stipulates that it will desist
from using the words “laboratory” or “laboratories” as part of any
trade name, and from making any representations implying that it
has a laboratory unless it owns and operates, or controls and
operates, a laboratory properly equipped and supervised for scien¬
tific work. (02741)

Steel Storage File Company, 2216 West 63rd St., Cleveland,
entered into a stipulation with the Federal Trade Commission to
discontinue representing that the cost of its “Safe-T-Stack Steel
Storage Files” is lower than that of cardboard file cases of com¬
parable size together with shelving used therewith, and that use of
its file cases instead of competitive products will result in records
or files occupying one-fifth the space formerly used. (3038)

E. B. S. Manufacturing Company — Eva B. Smith, trading as
E. B. S, Mfg. Co., and E. B. S. Co., 730 St. Nicholas Ave., New
York, has entered into a stipulation in which she agrees to dis¬
continue advertising that “.Antiseptic Tar Hair Grower” will pro¬
mote the growth of hair, possesses antiseptic properties, contains
essential oils or vegetable oils, and will eliminate itching scalp or
have any value in its treatment in excess of affording temporary
relief. The respondent further stipulates to cease representing
(1) by use of the word “eliminate” or similar words that the
preparation is a remedy or cure for dandruff, and (2) by use of
the words “antiseptic” or “grower” in the brand name, that it has
antiseptic properties or will promote the growth of hair. (02743)

FTC CLOSES CASES

The Federal Trade Commission has closed its case against Louis
Baskind & Co., Inc., 1220 Broadway, New York, without prejudice
to its right to resume proceedings, should the facts so warrant.
The respondent had been charged with violation of the Federal
Trade Commission Act in the sale of shirts. According to infor¬
mation received by the Commission, the respondent corporation
is no longer engaged in manufacturing or selling activity and is
in process of liquidation.

The Commission dismissed a complaint charging the Royal
Metal Manufacturing Co., 175 North Michigan Ave., Chicago,
with violation of the Federal Trade Commission .Act in the
sale of furniture.

February 28, 1941 — 213

1626 K STREET, N. W.

WASHINGTON, D. C.

Vol. 9, No. 10, March 7, 1941

THE WEEK IN WASHINGTON

President Roosevelt appointed Ray C. Wakefield, of
Fresno, Calif., to the FCC to succeed the late Thad FI.
Brown. IMr. Wakefield has been a member of the Cali¬
fornia Railroad Commission, (p. 215)

Judge Henry Goddard on Tuesday approved the Con¬
sent Decree entered into by ASCAP and the Justice De¬
partment. (p. 215)

Radio iMovin’ Day draws near, and hundreds of stations
participate in the NAB promotion program, (p. 217)

New England and Texas broadcasters unanimously en¬
dorsed BiMFs work and pledged their support for its
continuance, (p. 220)

Frank E. Pellegrin of Omaha was appointed to head
the new NAB Department of Broadcast Advertising.

(p. 222)

Paul W. iMorency, WTIC, and O. L. ‘‘Ted” Taylor,
KGNC, were re-elected to the NAB Board at district meet¬
ings. (p. 223 )

Thurman Arnold says that he will continue to prosecute
labor unions’ “make work’’ systems, (p. 224)

Senator Danaher, Republican, Connecticut, on iMarch
5 introduced a “no censorship” amendment to the Lend-
Lease Bill. (p. 225)

Chairman James Lawrence Fly of the FCC told a press
conference this week that the Commission was studying
the legal division’s draft of the proposed ‘‘Monopoly
Report.” (p. 226)

National Defense

The Civil Service people told us today that over 300,000
have been put to work in National Defense agencies since
broadcasters put their shoulders to the wheel to locate
man power — last July.

The situation remains critical in various categories.
For example all kinds of inspectors, various kinds of engi¬
neers and skilled craftsmen are all wanted. Radio
searches them out in the highways and the byways.
iMore will be required as the program goes into full swing.

In the defense program, first things come first; and the

production of guns, ammunition, ships, tanks, airplanes
and equipment are first things.

Your help is appreciated.

Wakefield New FCC Member

President Roosevelt sent to the Senate for confirma¬
tion this week the nomination of Ray C. Wakefield of
Fresno, Calif., to succeed the late Thad H, Brown on
the FCC.

A Rciniblican, iMr. Wakefield is a member of the Cali¬
fornia Railroad Commission which regulates all public
utilities in that state.

He was born in Fresno in 1895, practiced law there
from 1918 to 1937, and was deputy district attorney from
1929 to 1932. He was appointed to the Railroad Com¬
mission in 1937, and was president from August, 1938, to
December, 1940. While with the state commission he
has had considerable contact with the FCC on telephone
rate cases. He has a son, John, and a daughter, Doris.

At the NAB’s request, i\Ir. Wakefield made the follow¬
ing statement for the NAB Reports;

“I appreciate the honor bestowed upon me by the President
in nominating me to membership on the Federal Communications
Commission, but I also appreciate the great responsibilities at¬
tached to the office.

“If my nomination is confirmed by the Senate, as yet must be
done, I shall enter upon my new task with no preconceived notions
regarding the radio industry. In other words, I have a completely
open mind as to the industry's various problems and desire to
approach them wholly in that spirit. .4n objective approach to
these problems, it seems to me, can be of material assistance in
preserving radio’s present objective position in American life.”

Court Approves ASCAP Decree

Judge Henry Guddard on Tuesday, IMarch 5, approved
the consent decree entered into by ASC.\r and the Justice
Department, in the U. S. District Court for the Southern
District of New York.

The previous day, Neville Miller made a statement to

(Continued on page 216)

March 7, 1941 — 215

Point I

Phone NAtional 2080

Neville Miller, President C. E. Arney, Jr., Assistant to President

Edward M. Kirby, Director of Public Relations; Joseph L. Miller,
Director of Labor Relations: Paul F. Peter, Director of Research:
Russell P. Place, Counsel; Lynne C. Smeby, Director of Engineering

COURT APPROVES ASCAP DECREE
(Continued from page 215)

the court in behalf of the broadcasting industr}^ and filed
the memorandum printed below.

The ASCAP decree was printed in full in last week's
NAB Reports (p. 195). The summary which preceded
the text of the decree was prepared by the Justice De¬
partment, and not by NAB. The NAB’s opinion of the
decree was expressed in I\Ir. Miller’s memorandum which
follows:

“The National Association of Broadcasters is the trade organiza¬
tion of the broadcasting industry. It includes in its membership
most of the broadcasting stations of the United States. The
National Association of Broadcasters has for many years been one
of the principal complainants against the illegal practices of the
■American Society of Composers, Authors and Publishers (herein¬
after called ASCAP) and it has, over the course of these years,
consistently appealed to the Government to bring an end to
■ASCAP’s restraints of trade in connection with performing rights
of popular music.

“■ASCAP is a combination, operating in the form of a voluntary
unincorporated society, consisting of over one hundred and forty
publishing firms (wdth appro.ximately three hundred and fifty
subsidiaries), and of approximately twelve hundred composers
and authors. .All of its members, by contract, have assigned to
.ASC.AP the entire exclusive performing rights in all of their works,
both present and future, for successive terms of years, the most
recent assignment expiring in 1950.

“Through the medium of .ASC.AP, therefore, the combination
of publishers, composers and authors has been able to fix, and has
consistently fixed, the price at which these performing rights have
been and are licensed to users of music, as well as all other terms
and conditions of license agreements.

“The Department of Justice, in both its civil complaint and its
criminal information against ASC.AP, has set forth, as its principal
objectives (I) termination of ASCAP’s exclusive rights in the
works of its members, by virtue of which .ASC.AP has been able
effectively to prevent competition among its members and thus to
restrain trade by price fixing and otherwise, and (2) elimination
of certain of the most objectionable practices of ASCAP including,
principally, its requirement that users pay for the privilege of
using .ASC.AP music without regard to the extent of use and its
requirement that users pay for rights in W'orks which they do not
want as a condition of having access to the works which they do
want, a practice commonly called 'block booking.’

“The proposed decree, in the opinion of the National .Association
of Broadcasters, fails to accomplish the Government’s objectives
both with respect to price fixing and Idock booking.

“The Proposed Decree, While Apparently Permitting Individual

Dealing Between ASCAP Members and Music Users, Effectually

Prevents Any Such Dealing.

“The proposed decree, in paragraph II (1), states that the
defendant ASC.AP is enjoined from asserting exclusive performing
rights as agent, trustee or otherwise, on behalf of its members.
The same paragraph, how'ever, contains a number of permissive
clauses, the most important of which, sub-paragraph (a), permits
■ASC.AP to require that all moneys derived from the issuance of
licenses by its members be paid to ASC.AP for distribution in the
same manner as the other revenues of ASC.AP.

“The provisions with respect to the distribution of ASC.AP’s
funds are contained in II (10). This provision, in effect, makes
mandatory ASC.AP's present practices by requiring that .ASC.AP
shall provide in its By-Laws that .ASC.AP shall not distribute
its moneys to its members on any basis other than the number,
nature, character and prestige of the copyrighted musical com¬
positions wTitten or published by each member, the length of time
in wdiich the works of the member have been part of the catalog
of the Society, and the |)opularity and vogue of such works. In
other words, whether and to what extent any individual member
of .ASC.AP will receive any share of ASC.AP’s revenue is to be
determined by the .ASCAP management.

“When this provision is read in the light of paragraph II (9),
its full vice becomes apparent. Sub-paragraph (9) of II provides
that the board of directors of .ASCAP shall be elected by a mem¬
bership vote, in which all members shall have the right to vote,
but that the number of votes of each member shall be determined
in accordance with the classification of the member within the
Society. The board of directors of ASC.AP may, therefore, deter¬
mine the number of votes which each member may cast and it
has, by this device, the power to insure the board’s self-perpetua¬
tion. This same board of directors will determine what share of
.ASC.AP’s general funds each member will be permitted to receive.
Since the member may not receive any of the money which is
obtained by means of individual licensing, there is no economic
incentive for individual licensing. Since the revenue of the member
from the Society is dependent upon the member’s classification
by the .ASC.AP management, and since the management has the
power to decrease the member’s revenue but no power to take
income from individual licensing into account in increasing the
member’s revenue, an effective economic deterrent to individual
licensing has actually been set up under Governmental sanction.

“The proposed decree, therefore, while rendering lip service to
non-exclusivity in the relationship between ASCAP and its mem¬
bers, and while technically permitting members to license non¬
exclusive performing rights to music users, sets up an insurmount¬
able barrier against any such dealing. Sub-paragraph (1) of II
of the proposed decree is, therefore, not only wholly ineffective
in ending the practice of which the Government has complained,
but it actually tends to perpetuate the very practice with respect
to which complaint has been made.

“It may be useful to consider the |)roposed decree as being
applicable to a patent pool rather than a copyright pool. So
considered, the proposed decree expressly sanctions an arrangement
by which hundreds of patent owners, prohibited by law from
assigning their patents to a single patent exploitation society,
could nevertheless assign the royalties from their patents to the
patent exploitation society, such royalties to be distributed in
accordance with the judgment of the i)atcnt exploitation society.
Such an arrangement is obx'iousiy illegal. The analogy is, however,

(Continued on page 220)

216 — March 7, 1941

THREE WEEKS TO MOVIN’ DAY

All trade magazines read by dealers, servicemen, set
and parts jobbers are cooperating with the industry in de¬
voting pages to reallocation. All of them are pointing out
that the switch is a major advance in broadcasting and ex¬
plaining why. This will help all broadcasters in their con¬
tacts with the trade. The February articles will be fol¬
lowed by others in March.

Our thanks to the editors and publishers of :

Radio Retailinp;

Radio Service Dealer
Radio Today
Radio Weekly
Service

Sylvania News

The trade has also been “educated” by several mailings
by Farnsworth, Ken-Rad, Motorola, Philco, RCA, Syl¬
vania, Tung-Sol, Wells-Gardner and others.

The broadcasting industry is also having the assistance
of various utilities — electric, gas, water, telephone. They
have used their facilities to tell customers about the ad¬
vantages of reallocation as well as to point out new dial
settings. This is the first time broadcasting has noted
much assistance from the telephone companies. The Ohio
Bell Telephone Company in both Cleveland and Toledo
will distribute reallocation staffers.

The movies are helping.

So are the newspapers.

So are clients of broadcasters in their newspaper copyu
In fact, the industry is finding out how many friends
it has.

PROMOTION TIME TABLE

1. Begin telling Reallocation story to listeners.

2. Urge listeners to get non-push button sets checked
and put in A-1 shape right now. This gets part of this
necessary work out of the way before March 29, and will
give servicemen more time to devote solely to resetting
buttons after that date. A-1 sets mean more and better
summertime listening.

3. Consider movie promotion like Richmond, Va., sta¬
tions. Everybody is helping in Richmond — including pic¬
ture houses.

4. Complete contacts with servicemen and dealers.
Hold meeting or Radio Rally this week or next. Urge
radio trade to use promotion plans furnished by their
manufacturers.

STILL TIME TO GET LEAFLETS

Last call to get the 2-color Movin’ Day leaflets. They
are being used to publicize dial locations in many, many
cities and towns coast to coast. And we’re all prepared
for last minute orders; for reorders as well. .Almost
750,000 shipped to date. Order today.

EYE-CATCHING DISPLAY

Producers of Tung-Sol tubes are making available to
servicemen and dealers a large eye-catching window dis¬
play telling the public to “Keep in Tune with Radio Wave
Length Changes.” A gummed window poster inviting the
public to come in for a free radio log completes the window
trim.

CLARKSBURG, W. VA.

G. C. Blackwell, manager, WBLK, Clarksburg, met
with the radio servicemen of Harrison County, West
Virginia, last Thursday evening. Plans were set in mo¬
tion to change over all push button sets in record time and
to put all sets in the territory in first class operating con¬
dition.

AMARILLO

KGNC, .Amarillo, Te.xas, which increases power and
changes dial location, simultaneously, has a powerful
newspaper and radio campaign under full swing. Papers
used are The .Amarillo Daily News and The Amarillo
Globe.

General Manager John Ballard also wrote that he would
make good use of the 2-color leaflets, and the Mayor’s
Movin’ Day Proclamation. He is completing arrange¬
ments with local servicemen for a vigorous radio repair
and push button promotion.

MOVIES HELP RICHMOND, VA.

“Our three Richmond stations, WVIBG, WRNL and
WRV/\, are proceeding with an extensive cooperative pro¬
motional campaign for Movin’ Day,” wrote C. T. Lucy,
general manager, WRVA.

“Both the water and gas bills issued by the City of
Richmond will carry Movin’ Day stuffers, and even our
theaters are cooperating.”

OTHER PARTS OF VIRGINIA

Virginia Public Service Company, according to J. G.
Bariesas, advertising manager, will distribute a total of
125,000 individual pieces headed: “RADIO MOVIN’
DAY--MARCH 29— What It Means to You.”

Then follows the story and two more lines of display:
“Review Your Dial” and “Reset Your Buttons.”

This message to the customers of this aggressive Vir¬
ginia utility is printed in red on the back of monthly bills
being distributed between iMarch 1-31. Customers receiv¬
ing this promotion occupy one third of the area of Vir¬
ginia.

GREENFIELD, MASS.

.Vs a preliminary to other iwomotional plans in Green¬
field and Franklin County, Vlass., James L. Spates, man-

March 7, 1941 — 217

ager, WHAl, has arranged for the distribution of INIovin’
Day stuffers. They are being enclosed with the bills
sent by the \\’estern INIassachusetts Electric Company.

OHIO BELL TELEPHONE— TOLEDO

In Toledo the Ohio Bell Telephone Company will mail
50,000 stuffers to tell their customers of frequency changes,
according to Gene Vaughn, WSTD.

Three thousand 2-color leaflets, recently shipped WSPD,
have been included in statements sent out by: First Fed¬
eral Savings & Loan, and The Financial Securities Cor¬
poration. WSPD was given a nice plug in the Kroger
Grocery & Baking Company ad, in the Toledo Blade,
February 28. “The Northwestern Ohio Natural Gas
Company,” wrote iMr. \"aughn, “has made a special cut
to use on their 130,000 IMarch bills. It shows a radio
tower, tells the story of iMovin’ Day and mentions WSPD
and our new frequency. The Toledo Edison Company
has prepared a special rubber stamp vrith the same story
for its 120,000 statements.”

FORT WAYNE, IND.

Westinghouse stations, W'OWO-WGL, Fort Wayne,
held the first meeting for servicemen of the Fort Wayne
area Monday night, iMarch 3. H. J. Beck of the Service
Department of Farnsworth Television & Radio Corpora¬
tion, Marion plant, discussed service obstacles and how to
overcome them. Additional meetings are to be held.

WOW— OMAHA

The ten thousand copies of WOW’s Radio Neivs Tower,
March issue, contain in the center spread a complete list
of old and new frecpiencies of every station in the Lhiited
States. Column 1, page 1, is a story headed “Radio’s
iMovin’ Day Set for March 29.”

Station WOW at 590 kc, of course, does not change.

Beginning late in February the station has carried
two to four spot announcements per day calling attention
to Radio’s Movin’ Day. As the Day approaches promo¬
tion will be stepped up and iMovin’ Day news included in
news stories and on regular newscasts.

Four thousand copies of Radio News Tower were dis¬
tributed to agencies, clients, etc.; six thousand to WOW
listeners.

IN OKLAHOMA

Every radio station in Oklahoma has received a photo¬
static copy of the Movin’ Day Proclamation issued by
Gf)vernor Leon C. Philli[)s. d'hey were mailed by Neal
Barrett, manager, KOM.\, Biltmore Hotel, Oklahoma
City, who arranged with Gov. Phillips for its issuance.

IN OKLAHOMA CITY

KOCY, KOMA, Kd'OK and WKY, Oklahoma Cily’s
four stations, have just about finished with the details

of a cooperative campaign to handle frequency transitions.
Toward the last of February, the four station executives
met with the Servicemen’s Association of Oklahoma City.
“.Mter the meeting,” said Mr. Barrett, “we were in ac¬
cord on what I believe is a most important point, and
that is the similarity of the wording and phrasing of air
plugs. That way, we do not confuse the listeners as to
the purpose of the plugs and changeover; nor the job
the servicemen can do in changing push buttons, etc.”

CHAIRMAN FLY’S RELEASE

A mailing to all stations Thursday, iMarch 6, contained
a release by Chairman James Lawrence Fly, of the Fed¬
eral Communications Commission. A second enclosure
was a statement by Chief Engineer E. K. Jett. A state¬
ment by Neville Miller, NAB President, will be sent
next week.

MASON CITY, IOWA

KGLO, Mason City, has a double-barreled promotion
in full swing: (1) Movin’ Day and (2) power increase
to 1000 watts.

Ralph B. Campbell, Jr., wrote that the station has set
up a campaign of station-break spots, local newspaper
inserts, network tie-ins, etc. Fifteen thousand 2-color
envelope stuffers will be included in the bills of our local
utility company. Localized stickers are being placed on
all display material. A poster advertising the change
will also appear on the Mason City Globe-Gazette trucks.
Mayor Vlarshall has signed the Movin' Day Proclamation.

“In twenty-seven north Iowa and southern Minnesota
towns, boys will cover the downtown section on March
29 wearing signs saying, AVho am I listening to.’ They
will carry a portable radio tuned to KGLO and will be
supplied with pamphlets to hand out.”

50,000 WINDOW POSTERS

Fifty thousand red and black window posters, 14" x
22", have been distributed by Sylvania Tubes to dealers
and servicemen throughout the United States. The copy
read :

“.\FTER
“M.'XRCII 29th

“MANY OF YOUR FAYORTTE RADIO STATIONS
WILL CHANGE WAVE-LENGTHS. YOUR RADIO
DIAL SETTINGS MUST BE CHANGED TOO.

* * *

“COME IN AND GET YOUR RADIO STATION
FINDER FREE!

“This Information Courtesy
“SYLVANIA SET-TESTED RADIO TUBES”

When posted in the window it is large enough to be
seen by occupants of passing streetcars, busses and auto¬
mobiles. In addition Sylvania is making available to
its dealers a post-card campaign; a green and black

218 — March 7, 1941

“Radio Station Finder” (log) of all stations and red and
black door-knob hangers, 4" x 9".

KANSAS CITY, MISSOURI AND KANSAS,
EXTRAVAGANZA

Greater Kansas City is carefully laying the ground¬
work for a successful Movin’ Day promotion.

Broadcasters, radio jobbers, dealers, servicemen, manu¬
facturers and the Electric Association of Kansas City
have all joined hands in an all-out campaign.

The Kansas City Star, owner of station WDAF, on
610 kc., has also agreed to cooperate with the radio front
though WDAF does not change. Prior to the beginning
of the public campaign of education and promotion the
entire radio industry of Kansas City will hold a Radio
Rally and party for servicemen, in the evening, at the
President Hotel.

In addition to presenting the outstanding acts from
each station in the area in a stage show, broadcasters are
working out the details of a “Kilocycles Ballet.” The
entertainment will be produced by Don Davis, president,
WHB, who will also act as Master of Ceremonies.

Karl Koerper, vice president, KMBC, will handle the
inspirational part of the meeting, indicating how IMovin’
Day may be used to put all of the sets in the area in
A-1 condition, as well as to change the push buttons.

There will also be a technical talk by an outstanding
radio authority.

“Kilocycles Ballet”

The ballet will open the evening’s entertainment. As
the curtain rises a girl representing WDAF “will be sit¬
ting pretty” on a pedestal labeled 610 kc. WDAF is
the red network station; so, a ballet dancer in red will
then dance on the stage leading a group of other dancers
wearing masks representing Jack Benny, Charlie IMc-
Carthy, Fred Waring, Bob Hope, Kay Kyser and Bing
Crosby.

These dancers will do a “Red Network” ballet routine
and exit — leaving WDAF still “sitting pretty” on 610
kilocycles. She remains there throughout the rest of
the ballet.

The curtain then parts to reveal WHB — a girl seated
on a pedestal labeled 860 kilocycles. A ballet dancer
in black and gold, representing iMutual, will then dance
on stage and move WHB from 860 to 880 kilocycles. At
the same time, she will beckon to her companions who
will dance on stage wearing masks representing various
Mutual Network programs, or WHB programs, such as
Raymond Gram Swing, The Lone Ranger, Captain Mid¬
night, Orphan Annie, The WHB iMusical Clock, and the
station’s “Kiddies’ Revue” (this program line-up — rep¬
resented by masks — is tentative, subject to final decision
at another meeting of the committee).

The third movement of the ballet will begin as the
curtains part to reveal KMBC seated on a pedestal labeled
950 kilocycles — while WHB remains on 880, and WD.AF
on 610. A dancer in red, white and blue, representing
Columbia Network, will then dance on stage — and move
KiMBC from 950 kilocycles to 980 kilocycles. Then her
companions will enter — dancers wearing masks to rep¬
resent IMajor Bowes, Kate Smith and so on.

This formula will be repeated for each of the other
stations in the area — WREN, of the Blue Network —
KCKN, owned by the Kansas City Kansan — KCMO,
owned by the owners of the Crown Drug Company — and
KITE, owned by First National Television.

Each station will be a “movement” in the ballet — with
different costumes and a change in the tempo of the music.

PENNSYLVANIA CHAIRMAN

Dr. Leon Levy, president, WC.AU, Philadelphia, is the
Pennsylvania member of the Governors' iMovin’ Day
Proclamation Committee. A compositor dropped the
line out of last week’s listing of the entire committee in
NAB Reports.

Eighteen (18) governors have now' either issued Movin’
Day Proclamations or have promised to do so. State
committee men are taking up the matter in eight (8)
other states. No report is as yet available from the other
states.

Station managers residing in states in which the chief
executives have issued their proclamations have expressed
their appreciation for copies of the document sent them
by their state member of the committee. This system
insures the widest publicity.

These are the governors who have issued proclamations
since last w'eek:

IOVV.\ — Gov. George .4. Wilson

.\rranged by J. O. Maland, WHO, Des Moines

MINNESOTA — Gov. Harold E. Stassen

.Arranged by Earl Gammons, WCCO, Minneapolis

NEBR.ASK.y — Gov. Dwight Griswold

.Arranged by J. J. Gillin, Jr., WOW, Omaha

OKL.\HOM.A — Gov. Leon C. Phillips

.Arranged by Neal Barrett, KOM.\, Oklahoma City

OREGON — Gov. Charles Sprague

.Arranged by C. Roy Hunt, KOIN, Portland

TENNESSEE — Gov. Prentice Cooper

Arranged by Harry Stone, WSM, Nashville

MAYORS PROCLAIM

(Mayor R. E. Riley, Portland, Ore.; (Mayor Ben Staple-
ton, Denver, Colo.; (Mayor (Marshall, Mason City, Iowa;
(Mayor Don C. (McCombs, Kansas City, Kans., and the
Mayors of Kansas City, Mo., and Amarillo, Te.xas, have
issued proclamations. Each (Mayoralty proclamation will
list the call letters of all the stations within the city;
the state proclamations wall list all stations within a
state. Tell us when your (Mayor proclaims.

March 7, 1941 — 219

STATE EDUCATORS HELP

The heads of the Department of Education in many
states are helping spread reallocation news throughout
the entire school system. (The fact that letters were
written to these men was reported in NAB Reports of
February 21.)

Because this information is fanning out from the top,
it would seem good tactics to put out information locally
which would meet it on the way down.

Educators who have notified NAB that they are writing
school executives under their jurisdiction are;

H. .Arnold Perry, Division of Instructional Service,

State of North Carolina Superintendent of Public Instruction,
Raleigh, North Carolina.

Elmer G. Sulzer, Director, Radio Activities,

University of Kentucky,

Lexington, Ky.

W. W. Trent, State Superintendent of Free Schools,

State of West Virginia Department of Education,

Charleston, W. Va.

Miss Inez Johnson Lewis, State Superintendent of Public
Instruction,

The State of Colorado Department of Education,

Denver, Colo.

V. D. Bain, Director of Curriculum and Elementary Education,
State Department of Education,

Salem, Oregon.

Walter F. Dexter, Superintendent of Public Instruction and
Director of Education,

State of California Department of Education,

Sacramento, Calif.

R. R. Ewerz, Director of Instruction & Supervision,

Department of Education,

Baton Rouge, La.

The letter from Superintendent Ewerz, of Louisiana, is
typical of those from the above mentioned educators:

“I note that on March 29 ninety per cent of all the United States
broadcast stations will change frequencies, thereby involving radio
reception in Louisiana. We shall he glad to pass this information
on to school principals who in turn can notify teachers and pupils
with regard to changes indicated.

“We appreciate very much your advice in this matter.”

COURT APPROVES ASCAP DECREE
(Continued from page 216)

precise, and the illegality exists as clearly in the case of copyright
owners as in the case of patentees.

Point II

“The Proposed Decree Fails to Prevent ASCAP from ‘Block
Booking’ Performing Rights in the Works of Its Members to
Broadcasters.

“Paragraph II (6) provides that ASC.4P shall not refuse to
license, on prices to be fixed by ASCAP, the public performance
for profit of the musical compositions of its members ‘by users
other than broadcasters.’ .ASCAP, by its consistent refusal to per¬
mit broadcasters access to compositions which they want to use
unless they will also pay for the right to perform compositions
which they do not want to use, has compelled broadcasters to
accept the block booking of all of the w'orks of the Society, a
matter which has expressly been held illegal in other fields.

“The proposed decree prevents block booking for hotels, restau¬
rants, motion picture theaters, cafes and others. It exjircssly

excepts from the benefits of this provision the broadcasters. If
block booking is an admitted vice with respect to all users other
than broadcasters, it is difficult to see the basis for a distinction
which expressly permits broadcasters to be made the victims of
this illegal act.

“It is true that under the proposed decree broadcasters are
assured of the benefits of the ‘per program’ basis of licensing which
relieves them from the requirement that they pay a license fee in
respect of programs which use no ASCAP music at all. Paragraph
II (6) of the proposed decree, however, does not relieve broad¬
casters from the equally illegal requirement that they pay for
musical programs on an ‘all or none’ basis, without the option
of paying only for the use of the musical compositions which they
desire to perform.

Conclusion

“It is respectfully submitted that the proposed decree does not
cure the illegal practices of ASC.4P as alleged in the Government’s
civil and criminal complaints, that the proposed decree sanctions
illegal activity on the part of .4SC,\P in at least tw'o vital respects,
and that the proposed decree should not be approved or entered
until these defects are cured.”

BMI

TWO DISTRICTS PLEDGE UNANIMOUS
SUPPORT

The meeting of the District 13 held on February 28
in San Antonio, Te.xas, and the meeting of the District
1 held March 4 in Worcester, Massachusetts, adopted
resolutions complimenting BMI and also pledging those
present to renewal of their BMI licenses. The BMI
members present reported unanimously that their reli¬
ance on BMI music had been attended by an increase
in their business. About sixty stations were represented
in Te.xas and twenty-eight in Worcester.

BMI CONTINUITY’S HEAD DOES AIR
SHOW

Alan Fishburn who heads BMI’s Continuity Depart¬
ment was represented by a successful half-hour show on
the Columbia Workshop program over the CBS network
last Sunday evening, March 2nd. This work of the BMI
script specialist was an adaptation of a play by Lynn
Riggs called Roadside and dealt with a typical American
comedy figure, a sort of Texas version of Paul Bunyan.

ALBUM FOR ORCHESTRAS

BMI is publishing in album form a collection of ten
of the most popular BMI songs so arranged as to be
used for solos, duets, trios, or any other combination of
the various melody-carrying instruments of a dance band.
The idea has met with a warm reception. The announce¬
ment brought in several thousand orders before publica-

220 — March 7, 1941

BMI FEATURE TUNES
March 10-17

1. WALKIN’ BY THE RIVER

2. WISE OLD OWL

3. HIGH ON A WINDY HILL

4. YOU WALK BY

5. HERE’S MY HEART

6. WHERE’S THE CAPTAIN’S HAT

7. IT ALL COMES BACK TO ME NOW

8. MAY I NEVER LOVE AGAIN

9. I CAN’T REMEMBER TO FORGET

10. ACCIDENT’LY ON PURPOSE

11. BECAUSE OF YOU

12. KEEP AN EYE ON YOUR HEART

13. ALL I DESIRE

14. LET’S DREAM THIS ONE OUT

15. LITTLE SLEEPYHEAD

16. TALKING TO THE WIND

17. BREAKFAST FOR TWO

18. I LOOK AT YOU

19. SHADOWS IN THE NIGHT

20. STONE’S THROW FROM HEAVEN

tion. The album contains the following songs: Give Me
Musk, I Give You My Word, I Hear a Rhapsody, Monte¬
video, Practice Makes Perfect, So You’re the One, The
Same Old Story, There I Go, There’s an Old Easy Chair
by the Fireplace, and We Could Make Such Beautiful
Music Together.

BMI GETS SONGS FROM HARVARD SHOW

Broadcast Music, Inc., has signed a publication con¬
tract with the Hasty Pudding Club, Harvard University
theatrical organization, for three songs in the club’s 95th
annual musical production titled On the House which
opens in Cambridge, Mass., March 20th. Following its
premiere the musical will be seen at the Civic Repertory
Theater, Boston, after which it will go on its annual
Easter vacation tour of larger cities. For the first time
the route will include stop-overs at the Princeton Uni¬
versity Theater, Princeton, and Vassar College, Pough¬
keepsie.

Music for the show was written by Robert H. Coleman,
Phil Kadison, and Sherwood Rollins. Among the songs
to be published by BMI are Sweet Dreaming, Pm Not
in the Mood, and the title song, One on the House.

Sherwood (Pete) Rollins of Durham, N. H., who wrote
the music for the three numbers, won his reputation by
writing three-fourths of the score for Assorted Nuts, the
1940 Hasty Pudding production. In addition, he has
turned out a rhythm piece, Biminey Blues, Anything Can
Happen In the Park, and three other production numbers.

Like Pete Rollins, Phil Kadison of Larchmont, N. Y.,
has a solid background of musical education from his
studies at college and he has been unable to express
himself in a popular vein until this year. What he con¬
siders his outstanding tune. Take It From a Woman
Who Knows, is now in the hands of BMI. His other
songs in the show are I Don’t Know Where I Am, In Our
New Hotel, and a rhumba as yet unnamed.

All the tunes for One on the House have been written
by Rollins and Kadison with the exception of It Isn’t
Done by Robert Coleman, the leading lady in the show
and Vice-President of the Hasty Pudding Theatricals.
Bob’s home is in Baltimore, Maryland.

Under the date of March 1 the following letter was
addressed to BMI members:

“We are selecting two musical numbers from our repertory,
one a lively, rhythmic tune called Wise Old Owl, and the other
a ballad called Walkin’ By the River, on which we are going
to expend concentrated exploitation efforts. The cooperation of
our subscribers in this campaign is necessary.

“The great diversity of material which BMI has recently put
out has resulted in a shortage of new hits. We must meet this
situation promptly.

“Both of the numbers we have selected have had substantial
sales and have had a good reaction from band leaders, without
exploitation. Recordings and transcriptions of both are avail¬
able and a list of recordings and transcriptions is attached.

“We hope that you will be able (without adverse effect on such
current hit numbers as You Walk By, 1 Hear a Rhapsody, High
on a Windy Hill, and It All Comes Back to Me Now) to see that
Wise Old Owl and Walkin’ by the River receive the fullest exploita¬
tion on your station commencing immediately. Anything that you
can do to increase performances of these numbers over your sta¬
tion is of genuine importance, and I hope that you will regard
this as an urgent request.”

The records and transcriptions of these two tunes are
as follows:

THE WISE OLD OWL

Band

A1 Donahue Okeh #6037

(Benny Goodman recording will be available shortly)

Transcriptions

Erskine Butterfield Orch . Associated 2S4

Shep Fields Orch . Lang-Worth 617

Marvin Dale Orch . Standard P124

Irving Miller . Thesaurus 912

Landt Trio . Thesaurus 917

WALKIN’ BY THE RIVER

Band

Mitchell Ayres . Bluebird #10960

Una May Carlisle . Bluebird #B11033

Hal Kemp . Victor #27222

Frankie Masters . Okeh #5986

Ginny Simms . Okeh #6025

(Eddie Duchin and Johny Long records will be available shortly)

Transcriptions

Jerry Sears Orch., Una May Carlisle, vocal ..Associated 227 Bonus

Merle Pitt Trio . Associated 247

Will Hudson . Standard P129

Don Allen Orch., Martha Tilton, vocal . Standard P130 Bonus

BMI increases its leadership in the coin operated phono¬
graphs noticeably this week. According to the Variety

March 7, 1941 — 221

list, five of the ten leaders on the machines are published
or licensed by BAII and six out of the next nine are also
in the BiNII catalogue. According to Billboard’s survey,
three out of the top five and six out of the next seven are
covered by the BIN! I license, a fact on which comment
is made in Billboard’s Record Buying Guide. Nine of the
ten best-selling records and ten or eleven of the fifteen
sheet music best sellers are BMI numbers. Of the twenty
songs with most radio plugs during the week ending Feb¬
ruary 28 five are iXIarks, three are Southern, one is
Stevens, and the rest are BMI.

BMI LEADS ON TWO-LICENSE STATIONS

KRBC of Abilene, Texas, licensed by both BMI and
.'\SCAP, reports that a recent check-up showed that 90
per cent of the music played over the station is BMI and
the remaining 10 per cent is ASCAB. The same study
showed that 85 per cent of the recpiests from listeners
are for BMI numbers. In January WDAS of Philadel¬
phia, which also has both licenses, reported that 85 per
cent if its music was BMI. It is also authoritatively
reported from the Canadian Broadcasting Corporation
that “although we can use ASCAP tunes, most of our
popular shows use BiNII tunes almost exclusively.”

VOLUME 2 OF THE INDEX

The second volume of the general index of numbers
covered by the BMI license was shipped out on Wednes¬
day, March 6. It contains an additional 36,000 titles
together with a revised and augmented list of the avail¬
able publications in the catalogue of the Edward B. Marks
Music Corporation.

Announcement of this volume has already been made
in a notice sent out to member stations. These notices
of additions of new titles and new publishing houses to
the BMI catalogue are now being sent out weekly as a
routine matter instead of being issued merely from time
to time, whenever circumstances made it necessary, as
they have been issued previousl}^

Sales

PELLEGRIN HEADS NEW NAB BROAD¬
CAST ADVERTISING DEPT.

Frank E. Pellegrin, for the past three years general
sales and promotion manager of the Central States Broad¬
casting System, operators of stations KOIL and KEOR,
Omaha, and KF.^B, Lincoln, Nebraska, has been named
Director of the newly created N.\B Department of Broad¬
cast Advertising.

Mr. Pellegrin comes to N.\B with a splendid back¬

ground of radio and organization experience. He is a
graduate of Creighton University. Following his gradua¬
tion he became publicity director and alumni secretary
for the University and later a member of the journalism
faculty and director of promotion and public relations.
He was for many years a member of the American College
Publicity Association and actively affiliated with the
organization activities of that group.

jMr. Pellegrin has been closely associated with Junior
Chamber of Commerce activity and is now National
Director for Nebraska. He was recently chosen as
Omaha’s outstanding young business man of 1940.

The N.AB Department of Broadcast Advertising re¬
places the Bureau of Radio Advertising which was a sub¬
department. The new department will function with the
assistance of the Sales ^Managers Executive Committee
of which E. Y. Flanigan, WSPD, is chairman. The other
members of the Executive Committee are Ellis Atteberry,
KCKN, Charles Caley, WMBD, Eugene Carr, WGAR,
Willard Egolf, KVOO and Craig Lawrence, KRNT.

IMr. Pellegrin will assume his duties at NAB Headquar¬
ters on April 1. Announcement of the vastly e.xpanded
activities of this department will be made after Mr. Pelle¬
grin assumes his duties as a member of the staff.

STANDARD CONTRACT

On Wednesday final questionnaires were mailed to
members of the NAB committee which has been conferring
with the 4 A’s Time Buyers Committee in an effort to
redraft certain provisions of the facilities contract to meet
Ax'VA.A. objections. The poll was undertaken after Russell
Idace, NAB counsel, met in New York Tuesday with
F. R. Gamble, W. R. Fricke and George Link, Jr., repre¬
senting the 4 A’s.

Col. H. C. Wilder, WSYR, chairman of the NAB com¬
mittee, reported that he expects to release the revised
contract next Friday. The committee will recommend,
he said, separate forms for agency and local advertiser
business; the forms will be supplements to next week’s
issue of N.\B Reports.

COST-PER-INQUIRY

On the cost-per-inquiry front, more and more concerns
arc trying to get stations to accept contingent deals and
guarantee a fixed return. Some of these are;

Book-of-the-Month Club

Better Vision Institute

God Bless America Key Tag Co.

All three, in the opinion of the Bureau of Radio Adver¬
tising, are opposed to the best interests of radio stations,
and the Bureau has written them accordingly. At the
same time, it has invited each of the above-named com¬
panies to give serious consideration to a paid radio cam-

222 —March 7, 1941

paign, if they wish to obtain maximum results and
maintain the continued goodwill and cooperation of the
broadcasting industry.

DISTRICT 4 SALES MANAGERS

Jack Field, WPTF, who was recently appointed chair¬
man of the Fourth District Sales IManagers Division of
the NAB, announces that the fourth district group will
hold its first meeting of the year in Raleigh on Friday,
iNIarch 28.

District Meetings

DISTRICT 1

Paul \V. Morency, WTTC, was unanimously reelected
Director at a District 1 meeting March 4 in Worcester,
Mass.

IMiisic and labor problems were discussed at length
at the all-day meeting. Neville INIiller brought the broad¬
casters up to date on the legal aspects of the music prob¬
lem, while Carl Ilaverlin told of BDdl’s plans for the
future. Pi'pon motion of Franklin iM. Doolittle, WDRC,
seconded by John J. Boyle, WJ.AR, the following resolu¬
tion was unanimously adopted:

Resolved, that the broadcasters of the First NAB District go on
record as unanimously approving the work to date of BMI; and
be it further resolved, that the broadcasters of the district should
manifest their continuing support by renewing their licenses to
use BMI music.

At a sales managers meeting in the afternoon, unanimous
approval of the proposed standard order form and con¬
tract was expressed. William F. Malo, WDRC, presided.

Those registered at the meeting:

A. N. .Armstrong, Jr., WCOP; Robert F. Donahue, WLLII ; Law¬
rence J. Miron, WORC: W. C. Swartley, WBZA; William T.
Bush, WPRO; E. E. Hill, WTAG ; Quinev A. Brackett, WSPR ;
Franklin M. Doolittle, WDRC; C. G. DeLaney. WTHT; H. E.
Fellows, WEEI ; .Mbert W. Marlin, WMAS; David M. Kimel.
WLAW ; Charles N. DeRosc, WHYN ; George II. Jaspers, WTAG;
George Sutherland, WFCT; T. F. Allen, WFCI ; H. C. Wilson.
WHEB; Pasquale J. Mauretti, WSAR; William F. Malo, WDRC;
Walter Haase, WDRC; H. W. Nichols, WHAI; Walcott A. Wvllic,
WHYN; K. F. Horton, WEEI ; Frank R. Bowes, WBZ; H. William
Roster, WPRO; Ashley L. Robison, WCOP-WORL ; Jack Fits-
Gibbons, WS.\R ; Frederick E. Biebcr, WTHT ; George F. Kellev,
Jr., WeSH; John J. Boyle, WJAR; Paul W. Morency, WTIC;
James L. Spates, WHAI; Herman Steinbruch, WKNE; A1 Tyler,
WLNH ; Erie Clement, WLNH; John Shepard, 3rd, Yankee Net¬
work; Carl Haverlin, BMI; William W. Warner, Colonial Net¬
work; R. L. Harlow, Yankee Network; Leonard D. Callahan,
SESAC; Gerald Plarrison, Yankee Network; Neville Miller and
Joseph L. Miller, NAB; Thomas C. McCray, WTIC; Dorothy B.
Robinson, W^T.^G; Edwin J. Morev, WNLC ; Ivon B. Newman,
WNLC; Walter Johnson, WTIC.

DISTRICT 11

Earl Gammons, NAB Director of District 1 1, has called
a meeting at the Radisson Hotel, Minneapolis, on Friday,
Alarch 14.

Barney I^avin, WDAY, chairman of the District 1 1
Sales Managers’ Committee will preside over a sales
managers session held in conjunction with the broad¬
casters session.

All broadcasters of Alinnesota, North Dakota and South
Dakota, are urged to attend. President Neville Miller will
be present. The election of District Director for the en¬
suing two-year term will be among the important items of
business to which attention will be given.

DISTRICT 13

A meeting of the broadcasters of the 13th District was
held at San Antonio, Friday, February 28. District Direc¬
tor O. L. “Ted” Taylor presided and the following were
present;

L. L. Hendrick, KRRV; Glen Hewitt, KPAC ; Carl Vaughan,
KPAC; Charles Netherv, KXYZ; Jack McGrew, KPRC; M. E.
Danbom, KGKB ; Karl O. Wyler, KTSM ; B. F. Orr, KTRH; T.
Frank Smith, KXYZ-KRIS; Harry Grier, KTRH; Jack Keasler,
WO.‘\I ; .A. M. Herman, WB.AP; Clyde Rembert, KRLD; Eugene
J. Roth, KONO; Ellis Chaney, WOAI ; M. Tilford Jones, KXYZ-
KRIS; James M, Moronev, WFA.A-KGKO; Harold Hough,
WBAP-KGKO; George Ci'anston, WBAP-KGKO; Merle H.
Tucker, KROD; Joe B. Carrigan, KWT*T ; George W. Johnson,
KTSA; C. B. Locke, KFDM; Charlie Bathrope, KTS.A ; Alex
Keese, WF.AA-KGKO; Ernest S. Lovan, KFDM; Martin Camp¬
bell, WFAA-WBAP-KGKO; Guy W. Bradford, KRGY; Wes
Izzard, KGNC; DeWitt Landis, KFYO; R. B. McAlister, KFYO;
M. D. Bourn, WOAI; Hugh A. L. Halff, WOAI; Bill Laurie,
KONO; WYndell Mayes, KBWD ; James \V. Pate, Lone Star
Chain; Carl Haverlin, BMI; Ken L. Sibson, TAYLOR-HOWE-
Snowden-Ganjo ; Leonard David Callahan, SESAC; J. Chris
Hetherington, John Blair & Co.; Clarke R. Brown, Lake-Spiro-
Shurman.

Carl Haverlin, Stations Relations Director of BMI,
reviewed the developments in the music situation and
after considerable discussion, the following resolution with
respect thereto was unanimously adopted :

BE IT UNANIMOUSLY RESOLVED by the members of the
National Association of Broadcasters of the 13th District in meeting
assembled at San Antonio, Texas, today, that we hereby pledge
our positive allegiance to Broadcast Music, Inc.; that we congratu¬
late it on making possible such a large catalogue of music which
has been so universally accepted by the radio public as indicated
in surveys. We reaffirm our contention that to maintain a hi.gh
standard of irrogram service, it is necessary that a free and competi¬
tive market in music alway.s be available, anrl that the open door
policy to opportunity for the creative talent of the men and women
of America be continued as inaugurated by Broadcast Music, Inc.
That we will never become a party to any arrangement which docs
not definitely assure the continued development and perpetuation
of Broadcast Music, Inc,

y\ resume of the activities of NAB was given by C. E.
Arney, Jr., Assistant to President Neville Miller, after
which the following resolutions were passed:

BE IT RESOLX'ED by the 13th District of National Associa¬
tion of Broadcasters in meeting assembled at San Antonio, Texas,
on this the 28th day of February, 1941; that such District through
its membership, express its sincere thanks and appreciation to Mr.
Ted Taylor, the Director of the l.Uh District, and Mr. Harold
Hough, Director at Large, of the National .Association of Broad¬
casters for their conscientious and untiring efforts in behalf of
National Association of Broadcasters and the excellent work that
they have performed.

BE i r RESOLVED, by the members of the 13th District of the
National Association of Broadcasters in meeting assembled in
San Antonio, Te.xas, that they pledge their utmost efforts in

March 7, 1941 — 223

the seeking of additional memberships among Texas broadcasters
in the National Association of Broadcasters.

BE IT FURTHER RESOLVED by the members of the 13th
District of the National Association of Broadcasters in meeting
assembled at San Antonio, Texas, on the 28th day of February,
1941, that we do hereby express our sincere thanks and apprecia¬
tion to the officers and executive committee of Broadcast Music,
Inc., and the National Association of Broadcasters for their excel¬
lent work they have performed, and for the crowning success the
industry has enjoyed in connection with the year’s work.

Those in attendance were the guests of the Texas
Broadcasters' Association at a luncheon, following which
election of District Director was held. This resulted in
the re-election of O. L. “Ted” Taylor.

Following the adjournment of the business session, the
Sales Managers convened for a discussion of problems
peculiar to their phase of the operation. The meeting
was presided over by Jack Keasler, Chairman of the
Sales Managers Division for the 13th District, and the
following participated:

Karl O. Wyler, KTSM ; Charles Balthropc, KTSA ; James W.
Pate, Lone Star Chain; E. W. Lovain, KFDM; Guy Bradford,
KRGV ; M. E. Sanborn. KGKB; Merle Tucker, KROD ; George
Cranston, WBAP-KGKO; Alex Kecse, WFAA-KGKO; R. B.
McAlister, KFYO.

A healthy discussion of agency recognition, AAAA con¬
tract, standard rate card, and other pertinent matters
was held. The Sales Managers group went on record as
desiring a special session devoted to sales managers prob¬
lems at the NAB convention in St. Louis.

O. L. Taylor and George Johnson of KTSA, were hosts
at a cocktail party following the session. Tt was a most
successful and enthusiastic meeting.

LABOR NOTES

Appearing before the TNEC after the Supreme Court's
Hutcheson decision (NAB Reports, p. 127), Thurman
Arnold said that the Justice Department would continue
to prosecute “make work” systems instituted by labor
unions as violations of the anti-trust law.

“For example,” he said, “in both New York and Phila¬
delphia all trucks in the city have been compelled to pay
the wages of an additional man from the local union who
does no work. . . . No conceivable economic justification
for it comes to our minds.”

Both the A. F. of L. and the C. 1. O. hailed the Hutche¬
son decision. They said it freed labor from any prosecu¬
tion under the anti-trust laws. When the A. F. of L.
Executive Council, meeting in Miami, heard of Arnold’s
TNEC testimony, it issued a statement calling Mr.
Arnold’s statement “subtle propaganda based on distortion
of law and fact.”

IMr. .'\rnold issued a statement saying he was going
to prosecute James C. Petrillo, president of the American
Federation of Musicians, networks, booking agencies,
and others, for “conspiracy” in connection with the musi¬

cians jurisdictional dispute with the American Guild of
Musical Artists (the concert artists’ union).

Mr. Petrillo insists that anyone who plays an instru¬
ment on the air should belong to his union, and the net¬
works with their .A. F. of M. closed shop contracts had
to notify the artists of Air. Petrillo’s edict.

Whether Air. Arnold will look into other aspects of
the musicians’ situation has not been disclosed.

There is no such thing as exempt work under the Wage
and Hour law. Certain classes of workers are exempt —
but not certain classes of work.

This question came up in this way this week:

A small Western station had a $25 a week announcer
who was going to m.c. a one-hour program outside his
40-hour week, for a $10 fee. The m.c. work was clearly
“professional.” Was that work “exempt”; should his
overtime rate be based on $25 a week of $35 a week?

The answer was $35. Although the m.c. work was
professional, the worker was not. He did not receive
$200 or more a month, and he did more than 20 per cent
of the same type of work performed by non-exempt
employees each week.

How far can an employer go in talking with his em¬
ployees about labor unions?

The question is still unanswered after the Supreme
Court's Ford decision. The government did not appeal
that part of a Circuit Court decision which reversed the
Labor Board. The Board had said Ford was guilty of
an unfair labor practice in assailing labor unions and
labor leaders.

The cost of living in the larger cities did not change
from December 15 to January 15, the Labor Department
reports. It is 2.1 per cent above August, 1939.

Miscellaneous

STOP THE PRESS!

The Longest Single Remote Contest Editor has left
for a nine-month vacation in central Greenland, taking
with him his map-measuring compasses. Therefore, we
print the following letter without comment:

February 21st,

1941 — Our 19th Year

Hold Everything! Don't award that “longest distance remote”
palm to Johnny Gillin and WOW until you check this.

KEEL claims the record for the longest single remote recorded
to date. {N.AB Reports, February 7, Page 129.)

224 — March 7, 1941

We went clear to Washington, D. C., to pick up a talk by
Colorado’s Senator Ed Johnson for a Breakfast Club meeting.

It is quite a bit farther from Denver to Washington than it
is from Omaha to any point on the Pacific Coast, and considerably
farther than from St. Louis to Havana.

Just look at your map, if you doubt it.

Cordially,

(Sgd.) Gene

Gene O’ Fallon — KEEL.

SET PRODUCTION RECORD

In terms of the total number of radio receiving sets pro¬
duced ( 10,352,865 reported in the last Census), 1939 was
the biggest in the radio industry, according to the Bureau
of the Census.

The number or sets made exceeded the comparable 1 93 7
total of 7,802,399 sets by 2,550,466. The year 1935
ranked third with 5,645,162, and 1929 fourth with
4,980,090.

Total units of all kinds of radio receiving sets reported
by number and their value, for all Census years for
which separate figures are available, follow:

Year

Number

Factory Value

1939

10,352,865

.$158,965,359

1937

7,802,399

175,380,012

1935

5,645,162

132,683,691

1933

3,629,614

70,717,100

1931

3,819,285

123,016,150

1929

4,980,090

252,787,249

1927

1,978,057

95,162,393

1925

2,345,790

93,356,546

1923

190,374

13,326,116

Legislation

“NO CENSORSHIP”

Senator Danaher (R.-Conn.) on (March 5 introduced
the following “no censorship” amendment to the Lend-
Lease bill (HR 1776) :

77th congress — 1st Session
H. R. 1776

IN THE SENATE OF THE UNITED STATES

March S (legislative day, February 13), 1941
Ordered to lie on the table and to be printed.

AMENDMENT

Intended to be proposed by Mr. Danaher to the bill (H. R. 1776)
further to promote the defense of the United States, and for
other purposes, viz;

On page 7, line 19, after the word “direct” insert a colon and
the following new language: “Provided, That nothing in this Act
shall be construed to confer upon the President or any such de¬
partment, agency, or officer the power or the authority to estab¬
lish control or censorship in any manner not now provided by
law, over the use of the radio, the press, or other instrumentality
engaged in the publication or dissemination of news, opinion, or
information; and no rule or regulation shall be promulgated or
fixed which shall abridge or interfere with the freedom of speech
or of the press”.

FEDERAL LEGISLATION

HOUSE

STOP WATCHES

C. S. Cutting, chairman of the American Committee for
the Defense of British Homes, 10 Warren street, New
York City, appeals to broadcasters to send stop-watches
for use in defense against air raids.

H. R. 3577 (Barry, D-N.Y.) — To prohibit transmission of cer¬
tain gambling information in interstate commerce by communica¬
tions facilities. Referred to Committee on Interstate and Foreign
Commerce.

H. R. 3640 (Keogh, D-N.Y.) COPYRIGHTS — To amend sec¬
tion 25 of the Act entitled “An Act to amend and consolidate the
.\cts respecting copyright”, approved March 4, 1909, as amended.
Referred to Committee on Patents.

PERUVIAN GOOD WILL

Victor Llona, director of “Peru Calls You,” a good-will
program intended for U. S. listeners, asks broadcasters
to listen in Monday, (March 10, at 10:30 p. m., e.s.t.
(Meter wave 49.62.

CONVENTION

Reservations for accommodations at the Hotel Jefferson
indicate a large attendance at the Nineteenth Annual
Convention, St. Louis, May 12 to 15, inclusive. Chair¬
man Ray Dady of the Housing Committee reports that
every request for a reservation received to date has been
given attention and tentative assignment has been made.

Broadcasters planning to attend should give immediate
attention to the request for rooms. The accommodations
at the Jefferson are adequate and many of the nearby
hotels offer splendid facilities.

Program plans are progressing satisfactorily and an
announcement with reference to both the business sessions
and the banquet programs will be shortly forthcoming.

STATE LEGISLATION

.4rizona:

S. 131 (Haldiman) ADVERTISING— false OR MISLEAD¬
ING — Prohibits any type of false or misleading advertising and
prescribes severe penalties. Referred to Committee on Judiciary.

Maryland:

H. 507 (Beachley) COPYRIGHT INFRINGEMENTS— To
add Art. 21A to the Annotated Code (1939 Edition), relating to
the protection and infringements of copyrights. Referred to Com¬
mittee on Judiciary.

Massachusetts:

CCH S 20 (Public Document 144) DEFAMATION BY RADIO
— Relating to the investigation requested by the general court of
1939 relative to defamation by radio. Referred to Committee on
Constitutional Law.

Oregon :

S. 327 (Judiciary Com.) LOTTERY— TRADE STIMULANT
PRIZES — Defining lottery; provides saving clause and trade
stimulant prizes shall not be included. Referred to Committee
on Judiciary.

S. 340 (Judiciary Com.) RADIO BRO.ADCASTING— LIBEL—
Defines liability for broadcasting defamatory matter.

Wisconsin:

S. 200 (Knowles) DECEPTIVE ADVERTISING— Adds Sec¬
tion 100.18(e) to the Statutes, relating to deceptive advertising.
Referred to Committee on Education and Public Welfare.

March 7, 1941 — 225

FEDERAL COMMUNICATIONS
COMMISSION

FCC STUDIES “MONOPOLY”

Chairman James Lawrence Fly of the FCC told a press
conference early this week that the Commission has re¬
ceived the Legal Division's draft of the proposed “Monop¬
oly Report” and that preliminary discussion has been
tentatively set for the Commission next IMonday. He
explained that this session will be of “general exploratory
character.”

Chairman Fly in answer to a question said that he did
not think that the Commission would take any action
on the report pending the absence of Commissioner
Thompson, who is ill. He said that a draft of the report
had been forwarded to Mr. Thompson, and Mr. Fly
assumed, he said, “that he is studying it the same as his
fellow Commissioners.” The Chairman stated that “no
quick action is contemplated as the report will require
study in order to do a thorough job.”

Mr. Fly told the newsmen that the week’s delay in
considering the ^Monopoly draft is due to the fact that
the members of the Commission are making a television
trip to New York and Philadelphia the latter part of this
week preparatory to the television hearing on March 20.

ARMSTRONG RECEIVES FM GRANT

Three additional high frequency (FM) broadcast stations have
been authorized by the Federal Communications Commission,
making 42 such grants for this new type of program service to date.

Chief among the construction permits announced today was one
to Edwin H. .Armstrong, inventor, long identifier! with radio
research and a pioneer in developing frequency modulation. He
is authorized to utilize the site of his present experimental high
frequency broadcast station VV2XMN at Alpine, New Jersey, as
the location for a Class D FM broadcast station to operate on
4.1,100 kilocycles to serve 15,610 square miles, embracing more
than 12,200,000 population, in portions of New Jersey, New York,
Connecticut, and Pennsylvania.

Chicago was granted another FM station, in this case to be
operated by the Moody Bible Institute of that city, on the same
non-commercial basis that it now conducts standards broadcast
station V/MBI in Chicago. The Institute’s FM station will use
47,500 kilocycles to serve the 10,800 square miles, with 4,500,000
population, embraced in Chicago’s metropolitan area. The pro-
I)osed transmitter site is 18 miles west of downtown Chicago.

The Stroml)erg-Carlson Telephone Manufacturing Co., Rochester,
N. Y., received a grant to operate on 45,100 kilocycles to serve
3,200 square miles of the neiglilroring area, with 585,000 population.
The proposed location of the transmitter is 89 East .Avenue,
Rochester, where the company operates experimental high fre¬
quency broadcast station W8XVB.

BROADCAST RULE AMENDED

F'CC has amended Section 3.406, paragraphs b and c, so as to
waive the half-hour announcement of call letters when such

announcement would interrupt a program of one-half hour
duration or longer consisting of a single consecutive speech,
play, religious service, symphony concert, or operatic production.

COMMISSION ASSIGNMENTS

The FCC has announced that the work, business and
functions of the Commission for the month of March have
been assigned as follows:

Commissioner Craven Designated to determine, order, report or
otherwise act upon all applications or re¬
quests for special temporary standard
broadcast authorizations.

Commissioner Case Designated to hear and determine, order,
certify, report or otherw'ise act upon: (a)
except as otherwise ordered by the Com¬
mission, all motions, petitions or matters in
cases designated for formal hearing, includ¬
ing all motions for further hearing, except¬
ing motions and petitions requesting final
disposition of a case on its merits, those
having the nature of an appeal to the Com¬
mission and those requesting change or
modification of a final order made by the
Commission ; provided, how^ever, that such
matters shall be handled in accordance with
the provisions of Sections 1.251 and 1.256,
inclusive, of the Commission’s Rules of
Practice and Procedure; (b) the designa¬
tion pursuant to the provisions of Sections
1.231 to 1.232 of the Commission’s Rules
of Practice and Procedure of officers, other
than Commissioners, to preside at hearings.

PROPOSED PUERTO RICAN BROADCAST
GRANT

Finding that Enrique Abarca Sanfeliz is in all respects qualified
to construct and operate a proposed new standard broadcast station
at San Juan, Puerto Rico, the FCC [iroposed to grant him a con¬
struction permit. At the same time the Commission found that
United Theaters, Inc., another applicant for a new station at San
Juan, is not financially qualified and its application was accord¬
ingly proposed to be denied.

Both applicants sought the same frequency — 580 kilocycles.
United Theaters, Inc., proposed to use power of 1 kilowatt, un¬
limited time. Abarca intends to use 5 kilowatts day and 1 kilowatt
at night, unlimited time.

Even if the finances of FTnited Theaters, Inc., could be considered
arlequate for the construction and operation of its proposed sta¬
tion, the Commission’s “Proposed Findings of Fact and Conclu¬
sions” (B-134) holds that “from the facts of record we would still
be compelled to deny the application and grant the Abarca applica¬
tion, since we find that (a) Abarca is better qualified financially
than United Theaters, Inc.; and (b) the station proposed by
.Abarca would provide superior technical service than the one pro¬
posed by United Theaters, Inc.”

FEDERAL COMMUNICATIONS
COMMISSION DOCKET

Following broadcast hearings and oral arguments are
scheduled to be heard before the Commission during the

226 — March 7, 1941

week beginning Monday, March 10. They are subject
to change.

Monday, March 10

WARM — Union Broadcasting Company, Scranton, Pa. — License to
cover C. P., 1370 ko., 2S0 watts, unlimited.

Consolidated Hearing

WC.AM — City of Camden, Camden, N. J. — Renewal of license,
1280 kt“., 500 watts night, SOO watts LS, shares WTNJ
and WCAP.

WCAP — Radio Industries Broadcast Co., Asbury Park, N. J. —
Renewal of license, 1280 kc., SOO watts night, SOO watts
LS, shares WTNJ and WCAM.

WTNJ — WOAX, Incorporated, Trenton, N. J. — Renewal of license,
1280 kc., SOO watts night, 500 watts LS, shares WCAM
and WCAP.

WTNJ — WOAX, Incorporated, Trenton, N. J. — C. P., 1230 kc.,
1 KW night, 1 KW day, unlimited, DA day and night.
NEW — Trent Broadcast Corp., Trenton, N. J. — ^C. P., 1230 kc.,
1 KW, unlimited, DA day and night.

Wednesday, March 12

WGST — Georgia School of Technology, Atlanta, Ga. — Renewal of
license (main and auxiliary), 800 kc., 1 KW night, S KW
LS, unlimited time.

Thursday, March 13

Oral Argument Before the Commission
Report No. B-llS:

WBAX — John H. Stenger, Jr., Wilkes-Barre, Pa. — Renewal of
license, 1210 kc., 100 watts night, 100 watts LS, unlimited
time.

FUTURE HEARINGS

During the past week the Commission has announced
the following future dates for broadcast hearings. They
are subject to change.

March 20

Television

To be held in Room A, Interstate Commerce Commission Building,
12th St. and Constitution Ave., Washington, D. C.

Docket No.

5806 For the purpose of considering the various engineering stand¬
ards suggested for television broadcast stations, to determine
when television broadcasting shall be placed upon a com¬
mercial basis, and to afford ail interested parties full oppor¬
tunity to be heard on all pertinent problems related to the
standardization and commercialization of television broad¬
casting.

April 11

NEW — J. Leslie Doss, Bessemer, Ala. — C. P., 1370 kc., 250 watts,
unlimited.

April 14

NEW — Western Massachusetts Broadcasting Co., Pittsfield, Mass.
— C. P., 1500 kc. (1490 kc. under NAR.\), 100 watts, un¬
limited.

May 5

KFJI — KFJI Broadcasters, Inc., Klamath Falls, Oregon. — C. P.,
600 kc., 500 watts night, 1 KW LS.

FEDERAL COMMUNICATIONS
COMMISSION ACTION

APPLICATIONS GRANTED

WBLK — The Exponent Co. (Transferor), Charleston Broadcast¬
ing Co. (Transferee), Clarksburg, W. Va. — Granted consent
to voluntary assignment of license of station WBLK from
The Exponent Company (licensee of WBLK) to the Charles¬

ton Broadcasting Company (licensee of WCHS), in ex¬
change for $29,000 of the Charleston Broadcasting Company
7% cumulative preferred stock to be issued. WBLK
operates on 1370 kc., 250 watts, unlimited time (B2-AL-
299).

WP.yR — The Exponent Company (Transferer), Charleston Broad¬
casting Co. (Transferee), Ohio Valley Broadcasting Corp.
(WPAR), (Licensee), Parkersburg, W. Va. — Granted author¬
ity to transfer 47 shares of common stock from The
Exponent Company to Charleston Broadcasting Co. (present
owner of 47%) of voting stock ownership in Ohio Valley
Broadcasting Corp. in exchange for $17,500 of Charleston
Broadcasting Co. 7% cumulative preferred stock to be
issued. (The above are two of a series of applications
toward the consolidation into Charleston Broadcasting Com¬
pany of radio interests controlled or held by John A.
Kennedy and his wife, Bruce Lee Kennedy (who together
hold control over the licensee corporation through their
control over The Exponent Company and the Charleston
Broadcasting Company.) WPAR operates on 1420 kc., 100
watts, unlimited time (B2-TC-256).

KARM — Gilbert H. Jertberg^ Executor of estate of George Harm,
deceased (assignor), KARM, The George Harm Station
(assignee), Fresno, Calif. — Granted consent to assignment
of license of Station KARM from Gilbert H. Jertberg,
Executor of the estate of George Harm, deceased, to KARM,
the George Harm Station, a corporation, 1310 kc., 250
watts, unlimited time (BS-.^L-SOO) .

KDAC — Gilbert H. Jertberg, Executor of estate of George Harm,
deceased (assignor), KARM, The George Harm Station
(assignee), Fresno, Calif. — Granted consent to assignment
of license of Station KARM from Gilbert H. Jertberg,
Executor of the estate of George Harm, deceased, to KARM,
the George Harm Station, a corporation, 1310 kc., 250
watts, unlimited time (BS-ALRY-12) .

KD.4S — Gilbert H. Jertberg, Executor of estate of George Harm,
deceased (assignor), KARM, The George Harm Station
(assignee), Fresno, Calif. — Granted consent to assignment
of license of Station K.4RM from Gilbert H. Jertberg,
Executor of the estate of George Harm, deceased, to KARM,
the George Harm Station, a corporation, 1310 kc., 250
watts, unlimited (B3-ALRE-25) .

WFHR — William F. Huffman, Wisconsin Rapids, Wise. — Granted
modification of license to increase power from 100 watts
night, 250 watts day, to 250 watts unlimited time, 1310 kc.
(B4-ML-1042).

WJOB — O. E. Richardson and Fred L. Adair (a partnership),
Hammond, Ind. — Granted modification of license to in¬
crease time of operation from shares with WF’AM night, to
unlimited time, 1200 kc., 100 watts (B4-ML-1044) .

KSO — Iowa Broadcasting Co., Des Moines, Iowa. — Granted con¬
struction permit to increase night power from 1 KW to 5
KW, move transmitter to Southeast 22nd and Park Ave.
(same as site of KRNT transmitter now under construction),
Des Moines, Iowa, install new equipment and install new
directional antenna for night use, 1430 kc., 5 KW LS
(B4-P-2727).

WGES — Oak Leaves Broadcasting Station, Inc., Chicago, Ill. —
Granted construction permit to move transmitter to 86th
St. and Kedzie Ave., Chicago, Ill., install new transmitter,
install directional antenna for day and night use, increase
power from 500 watts night and day and I KW LS on
Sunday, shares WSBT, to 5 KW, and increase hours of opera¬
tion to unlimited (B4-P-3063).

WKZO — WKZO, Inc., Kalamazoo, Mich. — Granted in part con¬
struction permit to increase day power from 1 KW to 5
KW and install new transmitting equipment, 590 kc., 1
KW night, unlimited time (B2-P-2898).

WLLH — Merrimac Broadcasting Co., Inc., Lowell, Mass. — Granted
on regular basis license to cover operation of synchronous
station at Lawrence, Mass., now on special experimental
basis, 1370 kc., 10 watts, 100 watts, unlimited, synchronous
with WLLH, 250 watts (Bl-L-1116).

Edwin H. Armstrong, Alpine, N. J. — Granted construction permit
for Class D high frequency (FM) broadcast station to
operate on frequency 43100 kc., 15,610 square miles, popu¬
lation 12,200,000 (Bl-PH-82).

The Moody Bible Institute of Chicago, Chicago, Ill. — Granted
construction permit for a new high frequency (FM) broad¬
cast station to operate on frequency 47500 kc., 10,800
square miles, 4,500,000 population (B4-PH-5).

March 7, 1941 — 227

Stromberg-Carlson Telephone Mfg. Co,. Rochester, N. Y. — Granted
construction permit for new high frequency (FM) broad¬
cast station to operate on frequency 45100 lie., 3,200 square
miles, 585,000 population (Bl-PH-75).

DESIGNATED FOR HEARING

VVSNJ — Eastern States Broadcasting Corp., Bridgeton, N. J. —
.Application for construction permit for “booster” station
in Camden, N. J., to operate with 100 watts to 250 watts
power on 1”10 ke., unlimited, synchronized with VVSNJ
(Bl-P-2914).

VVBRE — Louis G, Baltimore, VVdlkes-Barre, Pa. — Application for
construction permit to erect a synchronous station at Scran¬
ton, Pa., to operate with 100 watts, unlimited (B2-P-2982).

Mid-American Broadcasting Corp., Louisville, Ky. — Application
for construction permit for new standard broadcast station
to operate on 1040 k(“. (1080 kc. under N.ARB.A), 1 K\V
night, 5 KW LS, directional antenna, unlimited time (B2-P-
2760).

WM.AS — VVMAS, Inc., Springfield, Mass. — Application for con¬
struction permit to change frequency from 1420 ke. to 880
ke., increase power from 250 watts unlimited, to 1 KVV
night 5 KVV LS, move transmitter site from West St.,
Springfield, Mass., to Riverdale St., opposite Morgan Road,
West Springfield, Mass., and install directional antenna for
day and night use (Bl-P-3051).

MISCELLANEOUS

WSBT — South Bend Tribune, South Bend, Ind. — .Adopted a memo¬
randum opinion covering action of the Commission on
October 1, 1940, in granting construction permit to make
changes in transmitting equipment, change frequency from
1860 to !180 kc., and move transmitter site. This grant was
made upon condition that license would not be issued unless
and until applicant disposed of its interest in its other South
Bend station, WFAM {B4-P-900).

W3XAD — RCA Manufacturing Co. Inc., Portable (area of Camden,
N. J.) — Present television station license further extended
upon a temporary basis only, pending determination upon
application for renewal, for the period ending April 1, 1941.

VVTXER — Yankee Network, Sargents Purchase, Mt, Washington,
N. H. — Granted extension of temporary experimental high
frequency broadcast station license for the period ending
May 1, 1941.

Stephen R. Rintoul, Stamford, Conn, — Granted motion for con¬
tinuance of hearing now scheduled for March 6, until action
on applicant’s petition to reconsider and grant application for
new station to operate on 1370 kc., 250 watts, unlimited
time.

Old Colony Broadcasting Co., Inc., Brockton, Mass. — Granted dis¬
missal without prejudice of application for new station to
operate on 1160 kc., 500 watts, daytime.

KMLB — Liner’s Broadcasting Station, Inc., Monroe, La. — Passed
for one week motion to consolidate hearing on application of
KMLB (Docket 5994) with application of KNOE, Inc., for
new station in Monroe, La. (Docket 5995).

VV^KNY — Kingston Broadcasting Corp., Kingston, N. Y. — Denied
petition to intervene in the hearing on application of Western
Mass. Broadcasting Co. for a new station in Pittsfield, Mass.,
to operate on 1560 kc., 100 watts, unlimited time.

KGKB — East Texas Broadcasting Co., Tyler, Texas. — Withhekl
action on petition to intervene in hearing on application of
Butler Radio, Inc., for new station in Tyler, Texas, pending
statement of issues.

WSOY — Commodore Broadcasting, Inc., Decatur, Ill. — Granted
petition for leave to amend application for construction per¬
mit to change frequency from 1810 to 1560 kc. (under
N.ARBA) ; increase power from 250 watts, unlimited time,
to 10 KW, using DA at night.

WlXTG — Worcester Telegram Publishing Co., Inc., Worcester,
Mass. — Granted extension of special temporary authority to
operate high frequency broadcast station WlXTG on 48400
kc., 1000 watts, special emission, for period March 2 to not
later than May 1, 1941, at Shrewsbury St., Worcester, Mass.,
pending action on application for new FM station.

VVlXOJ — The Yankee Network, Inc., Paxton, Mass. — Granted ex¬
tension of special temporary authority to operate a high
frequency experimental broadcast station on 44800 kc.,
50000 watts, special emission, for jreriod March 1 to not
later than May 1, 1941.

228 — March 7, 1941

VV9XZR — Zenith Radio Corp., Chicago, Ill. — Granted extension of
special temporary authority to operate a high frequency
experimental broadcast station on 42800 kc., 5000 watts
power, special emission for frequency modulation, with
transmitter located at 135 South La Salle St., Chicago,
instead of at SOS N. Michigan Ave., Chicago, for period
March 1 to not later than May 1, 1941.

VV^9XYH — Head of the Lakes Broadcasting Co., Superior, Wis. —
Granted extension of special temporary authority to operate
a high frequency experimental broadcast station on 48000
kc., 1000 watts, special emission for frequency modulation,
with transmitter located at 39th St. and Tower Ave., Superior,
Wis., for period March 1 to not later than May 1, 1941.

VV9XAO — The Journal Co. (The Milwaukee Journal), Milwaukee,
Wis. — Granted extension of special temporary authority to
operate a high frequency experimental broadcast station on
42600 kc., 1000 watts, special emission for frequency modula¬
tion with transmitter located at 606 VV. VVisconsin .Ave.,
Milwaukee, Wis., for period March 1 to not later than
May 1, 1941.

W2XVVG — National Broadcasting Co., Inc., New York City. —
Granted extension of special temporary authority to operate
VV2XVVG on 45100 kc., 1000 watts power, ,A4 and special
emission for frequency modulation, at 350 Fifth .Ave., New
York City, for period March 1, to not later than May 1,
1941, pending final authorization and completion of con¬
struction of applicant’s new high frequency broadcast station.

VV2XMN — Edwin H. .Armstrong, No. of Alpine, N. J. — Granted
extension of special temporary authority to retransmit the
transmissions of experimental high frequency broadcast
stations W2XAG, VVIXPW and WlXOJ for the period
March 1 to May 1, 1941, in order to continue rebroadcasting
experiments.

W2XMN — Edwin H. Armstrong, No. of Alpine, N. J. — Granted
extension of special temporary authority to operate a high
frequency experimental broadcast station on 42800 kc.,
40,000 watts power, special emission for frequency modula¬
tion, for the period March 1 to May 1, 1941, conditionally.

VV2XOR — Bamberger Broadcasting Service, Inc., New York City. —
Granted extension of special temporary authority to operate
a high frequency experimental broadcast station on 48800
kc., 1000 watts power, special emission for frequency modu¬
lation, for the period March 1 to May 1, 1941, conditionally.

VV2XOY — General Electric Co., New Scotland, N. Y. — Granted
extension of special temporary authority to operate a high
frequency experimental broadcast station on 43200 kc.,
2500 watts power, special emission for frequency modulation,
for the period March 1 to April 1, 1941, conditionally.

W2XQR — John V. L. Hogan, Long Island City, N. Y. — (Granted
extension of special temporary authority to operate a high
frequency experimental broadcast station on 48200 kc., with
1000 watts power, special emission for frequency modulation
(facsimile modulation may be employed in connection with
the program of research and experimentation) ; authority
to be from March 1 to not later than May 1, 1941.

W3XO — Jansky & Bailey, Washington, D. C. — Granted extension
of special temporary authority to operate a high frequency
experimental broadcast station on 48200 kc., 1000 watts
power, special emission for frequency modulation, for period
March 1 to not later than May 1, 1941.

W8XVB — Stromberg-Carlson Telephone Mfg. Co., Rochester, N. Y.
— Granted extension of special temporary authority to op¬
erate a high frequency experimental broadcast station on
48200 kc., 1000 watts power, special emission for frequency
modulation, for period March 1 to not later than Mav 1,
1941.

VVIXSO — The Travelers Broadcasting Service Corp., Hartford,
Conn. — Granted extension of special temporary authority to
operate a high frequency experimental broadcast station on
48700 kc., 1000 watts power, special emission for frequency
modulation, for period March 1 to not later than May 1,
1941.

VVIXPW — VVDRC, Inc., Hartford, Conn. — Granted extension of
special temporary authority to operate a high frequency
experimental broadcast station on 46500 kc., 1000 v.’atts
power, special emission for frequency modulation, for period
March 1 to not later than May 1, 1941.

VVTXPVV'^ — VVTJRC Inc.. Hartford, Conn. — Granted extension of
special temporary authority to rebroadcast high frequency
broadcast stations VV2XMN and WlXOJ emissions for the
period March 1 to not later than May 1, 1941.

KFJI — KFJI Broadcasters, Inc., Klamath Falls, Ore. — Granted
petition for continuance to May S of hearing now scheduled
for March 21 on application to change frequency from 1210
to 600 kc. ; increase power from 100 watts, unlimited time,
to SOO watts night, 1 K\V day.

WTAL — Florida Capitol Broadcasters, Inc., Tallahassee, Fla. —
Granted motion for extension of time to file proposed find¬
ings now due March 8, to March 29, in re application for
renewal of license.

WGNY — WGNY Broadcasting Co., Inc., Newburgh, N. Y. —
Granted petition for leave to amend application to change
frequency to 1220 kc. under NARBA, and increase hours of
operation from daytime only to unlimited, using 250 watts
power. (Applicant now operates on 1220 kc. and original
application requested change to 1270 kc. ; under N.ARB.\
this station would be assigned frequency 1250 kc., and this
amendment in effect is to remain on present frequency and
operate unlimited time with 250 watts after NARBA shift.)
Hearing scheduled for March 6 cancelled.

WNYE — Board of Education, New York City. — Granted extension
of special temporary authority to continue to operate non¬
commercial educational broadcast station WNA’E on 41100
kc. for the period March 2, 1941, to not later than March 31,
1941, pending resubmission and action on application to
change frequency to 42100 kc.

W2XAG — Carman R. Runyan, Jr., Yonkers, N. Y. — Granted ex¬
tension of special temporary authority to operate a high
frequency experimental broadcast station on frequency
117190 kc., S KW power, special emission for FM, with
transmitter located at 544 No. Broadway, Yonkers, N. Y.,
for the period March 1 to May 1, 1941, conditionally.

W8XAD — WHEC, Inc., Rochester, N. Y. — Granted extension of
special temporary authority to operate a high frequency
experimental broadcast station on 42600 kc., 1000 watts,
special emission for FM, for the period March 1 to May 1,
1941, conditionally.

WHXVH — WBNS, Inc., Columbus, Ohio. — Granted extension of
special temporary authority to operate a high frequency
experimental broadcast station on 43000 kc., 250 watts,
special emission for FM, for the period March 1 to May 1,
1941, conditionally.

WIXSN — Westinghouse E. and M. Co., E. Springfield, Mass.;
WIXK — Hull, Mass. — Granted extension of special tempo¬
rary authority to operate a high frequency experimental
broadcast station on 42600 kc., 1000 watts, special emission
for FM, for the period March 1 to May 1, 1941, condi¬
tionally.

KSAM — Sam Houston Broadcasting Assn., Huntsville, Texas — •
Granted extension of special temporary authority to remain
silent for the period beginning March 2, 1941, and ending
in no event later than April 1, 1941, pending Commission
action on revocation order.

WCOP — Massachusetts Broadcasting Corp., Boston, Mass. —
Granted special temporary authority to operate from 5:45
p. m. to 6:15 p. m. EST on March 2, 9, 16, 23, and 30, 1941,
in order to broadcast a program of the Massachusetts State
Federation of Women’s Clubs only.

WOI — Iowa State College of Agriculture & Mechanical Arts, Ames,
Iowa — Granted special temporary authority to operate from
7:15 p. m. to 10:15 p. m. CST 'on March 27, 28, 29, 1941,
in order to broadcast basketball games only.

WORE — Broadcasting Service Organization, Inc., Boston, Mass. —
Granted special temporary authority to operate from 8 to
11 p. m. EST on March 13, 1941, in order to broadcast the
Evacuation Day Banquet from the Hotel Westminister in
Boston only.

WLWO — The Crosley Corp., Cincinnati, Ohio. — Granted extension
of special temporary authority to operate the equipment of
International Broadcast Station WLWO with a power in¬
put to the final stage of 100 KW for the period March 2,
1941, to not later than March 31, 1941, in order to obtain
data requested in connection with application (File No.
B2-MLIB-40).

WRCA-WBBI — National Broadcasting Co., Inc., New York City.
— Granted extension of special temporary authority to sus¬
pend the effective dates of the Commission’s action of
December 10, 1940, in granting of license File No. Bl-MLIB-
44 for the period March 3, 1941, to not later than April

1, 1941, in order to permit the simultaneous utilization of
9670 and 17780 kc., while changes in equipment are being
made in accordance with outstanding construction permits.

W2XBS — National Broadcasting Co., Inc., New York City —
Granted extension of special temporary authority to operate
television broadcast station W2XBS with special emission
in addition to A3 emission on Channel No. 1, in order to
conduct experimental tests for the National Television Stand¬
ards Committee and the National Broadcasting Co., Inc.,
for the period March 2, 1941, to not later than March 31,
1941.

WlXOJ — The Yankee Network, Inc., Boston, Mass. — Granted ex¬
tension of special temporary authority to rebroadcast cer¬
tain programs of Station WlXPW for a period March 1,
1941, to not later than May 1, 1941.

KAWM — A. W. Mills, Gallup, New Mexico. — Granted extension of
special temporary authority to remain silent for the period
beginning March 1, 1941, to not later than March 30, 1941,
pending action on application to install new equipment.

KGGF — Hugh J. Powell, Coffeyville, Kans. — Granted special tem¬
porary authority to remain silent from 2 to 3 p. m. on March
4, 5, 6, 11, 12, 13, 18, 19, 20, 25, 26, and 27; from 2 to 3:15
p. m, on March 3, 10, 17, 24; from 8 to 10:30 p, m. CST
on March 14 1941, in order to permit WNAD to broadcast
educational programs only.

WNAD — University of Oklahoma, Norman, Okla. — Granted special
temporary authority to operate above time and above dates,
in order to broadcast educational programs only (provided
KGGF remains silent).

WILL — University of Illinois, Urbana, III. — Granted special tem¬
porary authority to operate simultaneously with WIBW and
WCHS from 6:55 p. m. to 10:30 p. m. CST on March 21
and 22, 1941, with power of 1000 watts, and from 7:25
p. m. to 9:25 p. m. CST, March 1, 1941, in order to
broadcast basketball games only.

WINS — Hearst Radio, Inc., New York City. — Granted special tem¬
porary authority to operate from sign-off (March 8:15 p. m.
EST) to 12 midnight on March 1, 1941, in order to broad¬
cast the Annual Inter-collegiate A.^AA Track & Field
Championship from Madison Square Garden only and on
March 3, 1941, in order to broadcast the Golden Gloves
Boxing Bouts, sponsored by the Daily News A.A., from
Madison Square Garden only.

WORE — Broadcasting Service Organization, Inc., Boston, Mass. —
Granted special temporary authority to operate from local
sunset (March 5:45 p. m. EST) to 6 p. m. EST on March 2,
9, 16, 23, and 30, 1941, in order to broadcast the Rosary
Hour programs only.

WINS — Hearst Radio Inc., New York, N. Y. — Denied special tem¬
porary authority to broadcast sustaining music and announce¬
ments in addition to the authority granted February 11,
1941, to operate additional time on March 8, 1941, in order
to broadcast the Knights of Columbus Athletic Meet from
Madison Square Garden only.

WMRO — Martin R. O’Brien, .Aurora, Ill. — Denied special tempor¬
ary authority to operate from 7:30 p. m. to 11 p. m. CST
on March 1, 5, 6, 7, 8, 12, 13, 14, 15, 20, 21, and 22, 1941,
in order to broadcast basketball games only.

KPHO — M. C. Reese, Phoenix, Ariz. — Granted construction per¬
mit to install a new transmitter, 1300 kc., 250 watts, un¬
limited time (B5-P-3092).

WAOG — New York State Conservation Dept., Albany, N. Y. —
Granted extension of special temporary authority to operate
portable radiophone forestry station WR.4I on frequencies
31630, 35360, 37340 and 39630 kc., for the period Feb¬
ruary 27, 1941, to not later than March 28, 1941, as a relay
broadcast station to relay programs from the Olympic
Bobsled Run to Standard Broadcast station WNBZ.

KGGF — Hugh J. Powell, Coffeyville, Kans. — Adopted order grant¬
ing renewal of license for KGGF to operate on frequency
690 kc. with power of 1 KW day, 500 watts night, un¬
limited time, upon a temporary basis only, pending final
determination on licensee’s amended application for con¬
struction permit (B4-R-710).

KQW — Pacific Agricultural Foundation, Ltd., San Jose, Calif. —
Adopted order granting renewal of license of KQW, on the
frequency 740 kc., 1 KW night, 5 KW LS, unlimited time,
upon a temporary basis only, pending final determination
on licensee’s application for construction permit (B5-R-46).

March 7, 1941 — 229

APPLICATIONS FILED AT FCC

580 Kilocycles

WIBW — Topeka Broadcasting Assn., Inc., Topeka, Kans. — License
to cover construction permit (B4-P-2674) for increase in
power using directional antenna at night.

WIBW — Topeka Broadcasting Assn., Inc., Topeka, Kans. — Au¬
thority to determine operating power by direct measure¬
ment of antenna power.

700 Kilocycles

WLW — The Crosley Corporation, Cincinnati, Ohio. — Modifica¬
tion of construction permit (B2-P-2460) as modified, to in¬
stall new equipment, requesting authority to extend comple¬
tion date from 4-22-41 to 10-22-41.

780 Kilocycles

KGHL — Northwestern Auto Supply Co., Inc., Billings, Mont. —
Morlification of construction permit (BS-P-2701 ) for in¬
stallation of directional antenna for night use and increase
in power, requesting TOO kc. under North American Re¬
gional Broadcasting Agreement and extension of completion
date from 6-8-41 to 90 days after grant.

WMC — Memphis Publishing Co., Memphis, Tenn. — .Authority to
install automatic frequency control equipment on 790 kc.
under North American Regional Broadcasting Agreement.

790 Kilocycles

WGY — General Electric Co., Schenectady, N. Y. — Authority to
install automatic frequency control (main transmitter) on
810 kc. under North American Regional Broadcasting
Agreement.

WGY — General Electric Co., Schenectady, N. Y. — Authority to
install automatic frequency control (auxiliary transmitter)
on 810 kc. under North American Regional Broadcasting
Agreement.

900 Kilocycles

WTAD — Illinois Broadcasting Corp., Quincy, Ill. — License to cover
construction permit (B4-P-1984) for change in hours of
operation, installation of directional antenna for night use
and move of transmitter.

WBEN — WBEN, Incorporated, Buffalo, N. Y. — Modification of
construction permit (B1-P-27S7) as modified, to install new
transmitter, directional antenna for night use, increase in
power and move of transmitter, requesting extension of com¬
pletion date from 4-14-41 to 6-1-41.

WKY — WKY Radiophone Company, Oklahoma City, Okla — Au¬
thority to install automatic frequency control equipment,
auxiliary transmitter.

WTAD — Illinois Broadcasting Corp., Quincy, III. — Authority to
determine operating power by direct measurement of an¬
tenna power.

920 Kilocycles

WAAF — Drovers Journal Publishing Co., Chicago, III. — Construc¬
tion permit to increase power from 1 KW to 1 KW night,
S KW day, change hours of operation from daytime to un¬
limited time, install a new transmitter, install directional
antenna for day and night use, and move transmitter.
Amended: To change requested power from 1 KW night,
5 KW day to 1 KW day and night, change type of requested
transmitter and make changes in directional antenna for
night use.

KOMO — P'isher’s Blend Station, Inc., Seattle, Wash. — Authority
to determine operating power by direct measurement of
antenna power for auxiliary transmitter on 97)0 kc. under
NARBA.

KOMO — P'isher’s Blend Station, Inc., Seattle, Wash. — .Authority
to determine operating power by direct measurement of
antenna power for main transmitter on 950 kc. under
NARBA.

930 Kilocycles

WDBJ — Times-World Corp., Roanoke, Va. — Modification of con¬
struction permit (B2-P-2S22) as modified, to install direc¬
tional antenna for night use increase pow'er to S KW, re-
fiuesting change in frequency to 900 kc. under NARB.A.

230 — March 7, 1941

WKY — WKY Radiophone Co., Oklahoma City, Okla. — Authority
to determine operating power by direct measurement of
antenna power on 930 kc. under North American Regional
Broadcasting Agreement (Jurat).

WBRC — Birmingham Broadcasting Co., Inc., Birmingham, Ala. — •
Authority to determine operating power by direct measure¬
ment of antenna power.

WBRC — Birmingham Broadcasting Co., Inc., Birmingham, Ala. —
License to cover construction permit (B3-P-29S2) for in¬
crease in power and installation of directional antenna for
night use.

970 Kilocycles

KJR — Fisher’s Blend Station, Inc. (Lessee), Seattle, Wash. —
Authority to determine operating power by direct measure¬
ment of antenna power for main transmitter, on 1000 kc.
under N.ARB.A.

KJR — Fisher’s Blend Station, Inc. (Lessee), Seattle, Wash. — ■
Authority to determine operating power by direct measure¬
ment of antenna power for auxiliary transmitter, on 1000
kc. under NARBA.

1020 Kilocycles

KA’W — Westinghouse Electric & Mfg. Co., Philadelphia, Pa. —
Authority to install automatic frequency control equipment
on 1060 kc. under North American Regional Broadcasting
Agreement.

1060 Kilocycles

KWJJ — KWJJ Broadcast Co., Inc., Portland, Ore. — Modification
of construction permit (B5-P-2881) for installation of direc¬
tional antenna for night use, increase in power, change in
frequency and hours of operation, requesting approval of
directional antenna to be used both day and night, and
approval of present site.

1100 Kilocycles

WOV — Greater New York Broadcasting Corp., New York, N. Y. —
License to cover construction permit (B1-P-27S3) as modi¬
fied for a new transmitter, directional antenna, and increase
in power, requesting 1130 kc. under North American Re¬
gional Broadcasting Agreement.

WOV — Greater New York Broadcasting Corp., New York, N. Y. —
Authority to determine operating power by direct measure¬
ment on 1130 kc. under North American Regional Broad¬
casting Agreement.

1120 Kilocycles

WDEL — WDEL, Inc., Wilmington, Del. — Modification of con¬
struction permit (B1-P-27S8) for increase in power from
2S0 watts night, 1 KW day, to S KW day and night; install
new transmitter and directional antenna for day and night
use, requesting approval of directional antenna for day and
night use. Amended to request 1150 kc. under North
American Regional Broadcasting Agreement.

WISN — Hearst Radio, Inc., Milwaukee, Wis. — Modification of
construction permit (B4-P-2608) for new transmitter, di¬
rectional antenna for day and night use, increase in power,
move of transmitter, requesting authority to change type
of transmitter, and extend commencement and completion
dates to 30 days after grant and 180 days thereafter re¬
spectively.

KSWO — Willard Carver and Byrne Ross, Lawton, Okla. — Modifi¬
cation of construction permit (B3-P-2664) for a new station,
requesting authority to install new transmitter, approval of
antenna, approval of transmitter and studio sites, requesting
1150 kc. under North American Regional Broadcasting
Agreement.

KRKD — Radio Broadcasters, Inc., Los Angeles, Calif. — Authority
to determine operating power by direct measurement of an¬
tenna power on 1150 kc. under North American Regional
Broadcasting Agreement.

1140 Kilocycles

W.4PI — Voice of Alabama, Inc., Birmingham, Ala. — Construction
licrmit to change frequency from 1140 kc. to 1070 kc. under
North American Regional Broadcasting Agreement ; install
a new transmitter; increase power from S KW to SO KW ;

change hours of operation from simultaneous day, share
night with K\'00, to unlimited time ; install directional an¬
tenna for night use and move transmitter.

1170 Kilocycles

WC.A.U — WCAU Broadcasting Co., Philadelphia, Pa. — Construc¬
tion permit to install new auxiliary transmitter for emer¬
gency use only.

1180 Kilocycles

WDGY — Dr. George W. Young, Minneapolis, Minn. — Construction
permit to install directional antenna for night use ; increase
power from 1 KW night, S KW day, to S KW night, 10 KW
day ; change hours of operation from limited to unlimited
time; change frequency from 1180 kc. to 1100 kc. ; install
new transmitting equipment ; and move transmitter from
Minneapolis, Minn., to Richfield Twp., Minn. Amended to
move transmitter .1 mile from requested site at same address,
make changes in directional antenna for night use, and re¬
quest frequency 1180 kc. under North American Regional
Broadcasting Agreement.

1200 Kilocycles

VVSAM — Saginaw Broadcasting Co., Saginaw, Mich. — Modification
of license to change frequency from 1200 kc. to 1100 lie.
under North American Regional Broadcasting .Agreement ;
increase power from 100 watts night, 250 watts day, to 250
watts day and night ; and change hours of operation from
specified hours to unlimited time.

NEW — Roy St. Lewis, Norfolk, Va. — Construction permit for a
new station to be operated on 1300 kc., 1380 kc. when
North American Regional Broadcasting Agreement becomes
effective, 250 watts, unlimited time.

WLOG — Clarence H. Frey & Robert O. Greever, Logan, W. Va. —
Construction permit to make changes in equipment and
increase power from 100 watts to 250 watts. Amended:
re equipment.

WCED — The Tri-County Broadcasting Co., DuBois, Penna. —
License to cover construction permit (B2-P-2665) as modi¬
fied, for a new station.

1210 Kilocycles

KPPC — Pasadena Presbyterian Church, Pasadena, Calif. — .Author¬
ity to determine operating power by direct measurement of
antenna power on 134(1 kc. under North American Regional
Broadcasting Agreement.

1240 Kilocycles

WXYZ — King-Trendle Broadcasting Corp., Detroit, Mich. — Li¬
cense to cover construction permit (B2-P-2559) for increase
in power and installation of directional antenna for night
use.

WXYZ — King-Trendle Broadcasting Corp., Detroit, Mich, — .Au¬
thority’ to determine operating power by direct measure¬
ment of antenna power.

WK.AQ — Radio Corporation of Porto Rico, San Juan, Puerto Rico.
— Modification of construction permit (B-P-2385) for in¬
stallation of new transmitter and antenna, change frequency,
increase power, and move transmitter, requesting approval
of transmitter site at present licensed site, antenna changes
and change in type of transmitter. Amended: re corpo¬
rate structure.

1260 Kilocycles

KHSL — Golden Empire Broadcasting Co., Chico, Calif. — Construc¬
tion permit to increase power from 500 watts night, 1 KW
day, to 1 KW day and night, and install directional antenna
for day and night use, requesting 1 Still kf., 139(1 ke. when
North .American Regional Broadcasting Agreement effective.

1280 Kilocycles

WISH — Capitol Broadcasting Corp., Indianapolis, Ind. — Modifica¬
tion of construction permit (B4-P-2906) for a new station,
requesting frequency 1810 kc. under North American Re¬
gional Broadcasting .Agreement; changes in directional an¬
tenna for nicht use; and extension of commencement and
completion dates from 12-31-40 and 6-30-41 to 60 days after
grant and 180 days thereafter.

1290 Kilocycles

WNBZ — Upstate Broadcasting Corp., Saranac Lake, N. Y. — .Au¬
thority to install automatic frequency control equipment on
1830 kc. under North .American Regional Broadcasting
.Agreement.

1300 Kilocycles

KFH — Radio Station KFH Co., Wichita, Kans. — Modification of
construction permit (B4-P-2462) as modified for new trans¬
mitter and directional antenna for night use, increase in
power and move of transmitter, requesting 1889 kc. under
North .American Regional Broadcasting .Agreement, and ex¬
tension of commencement and completion dates from 8-18-40
and 7-18-41 to 60 days after grant and 180 days thereafter.

KMYR — F. W. Meyer, Denver, Colo. — Modification of construc¬
tion permit (B5-P-2067) as modified for a new station, re¬
questing 1849 kc. under North .American Regional Broad¬
casting Agreement ; changes in antenna, change transmitter
site, and extend completion date from 4-28-41 to 180 days
after grant.

1310 Kilocycles

WJPR — John R. Pepper, Greenville, Miss. — Construction permit
to change frequency from 1819 kc. to IfiOO kc. under Nortli
.American Regional Broadcasting .Agreement ; increase power
from 250 watts to 1 KW ; install a new transmitter, and
move transmitter. .Amended to omit request for move of
transmitter.

NEW — John and Marcia .Arrington, d 'b as Arrington & .Arrington,
Covington, \"a. — Construction permit for a new station to
be operated on 1819 kc., 1849 kc. under North .American
Regional Broadcasting Agreement, 250 watts, unlimited time.
.Amended to specify transmitter site as Covington, Va,

WL.AK — Lake Region Broadcasting Co., Lakeland, Fla. — .Authority
to transfer control of corporation from J. P. Marchant
(63 shares), D. J. Carey (25 shares), Melvin Myer (10
shares), W. Walter Tison (1 share) and The Tribune Co.
(1 share) to Russell E. Baker.

1330 Kilocycles

WT.A(1 — WHBY. Inc., Green Bay, Wis. — Construction permit to
make changes in antenna system.

1350 Kilocycles

WBNX — WBNX Broadcasting Co., Inc,, New York, N. Y. — Con¬
struction permit to make changes in directional svstem, re¬
questing 1889 kc. under North .American Regional Broad¬
casting .Agreement.

1360 Kilocycles

KCRC — Enid Radiophone Co., Enid, Okla. — .Authority to install
automatic frequency control equipment on 1899 kc. under
North American Regional Broadcasting .Agreement,

WQBC — Delta Broadcasting Co., Inc., Vicksburg, Miss. — License
to cover construction permit (B3-P-3000) for changes in
equipment.

1370 Kilocycles

KWA^O — Big Horn Broadcasting Co., Inc., Sheridan, Wyo. —
Authority to determine operating power by direct measure¬
ment of antenna power.

WMBR — Florida Broadcasting Co., Jacksonville, Fla. — .Authority
to determine operating power by direct measurement of
antenna power on 1499 kc. under North .American Regional
Broadcasting .Agreement.

NEW — Roy G. Terry, trading as Terry Broadcasting Co., Tyler,
Tex. — Construction permit for a new station to be operated
on 1879 kc.. 250 watts, unlimited time. Class IV. .Amended:
re geographic location.

KRKQ — Everett Broadcasting Co., Inc., Everett, Wash. — Modi¬
fication of construction permit (BS-P-2027) for new trans¬
mitter, antenna, increase in power and move of transmitter,
requesting changes in antenna and extension of com¬
mencement date to 30 days after grant and completion
date to 90 days thereafter.

1380 Kilocycles

W.AL.A — W. O. Pape, tr 'as Pape Broadcasting Co., Mobile, .Ala. —
Authority to determine operating power by direct measure-

March 7, 1941— 231

ment of antenna power on 1410 kc. under North American
Regional Broadcasting Agreement.

1410 Kilocycles

WSF.\ — Montgomery Broadcasting Co., Inc., Montgomery, Ala. —
.Authority to install automatic frequency control equipment
on 1440 ke. under North American Regional Broadcasting
.Agreement.

1420 Kilocycles

WMBH — Joplin Broadcasting Co., Joplin, Mo. — Authority to de¬
termine operating power by direct measurement of antenna
power on 1450 kc. under North American Regional Broad¬
casting Agreement.

1430 Kilocycles

NEW — Southern California Broadcasting Co., Pasadena, Calif. —
Construction permit for a new standard broadcast station
to be operated on 1400 kc. (1430 kc. under NARB.A) (Class
III), 1 KW, daytime.

NEW — Southern California Broadcasting Co., Pasadena, Calif. —
Construction permit for a new station to be operated on
1400 kc., 1480 kc. under North .American Regional Broad¬
casting Agreement, 1 KW, daytime, Class III (Jurat).

1440 Kilocycles

WMBD — Peoria Broadcasting Co., Peoria, Ill. — Construction per¬
mit to install directional antenna for night use, and increase
power from 1 KW night, 5 KW day to 5 KW day and
night, and make changes in vertical antenna. .Amended to
change from WMBD Broadcasting Co. to Peoria Broadcast¬
ing Co.

1450 Kilocycles

XEW — Washington Broadcasting Co., Washington, Pa. — Construc¬
tion permit for a new Class I\^ broadcast station to be
operated on 1430 kc., 1450 kc. under NARB.A, 250 watts,
unlimited time. .Amended: re stockholders and to request
1450 kc., NARBA.

1480 Kilocycles

NEW — Homer Rodeheaver, Winona Lake, Ind. — Construction per¬
mit for a new station on 1480 kc. under North .American
Regional Broadcasting .Agreement, 1 KW, daytime. Class III.

1490 Kilocycles

NEW — Portsmouth Radio Corp., Portsmouth, \'a. — Construction
permit for a new station to be operated on 1500 kc., 1400
lie. under North .American Regional Broadcasting Agreement,
250 watts, unlimited time.

NEW — Howard H, Wilson, Oshkosh, Wis. — Construction permit
for a new standard broadcast station to be operated on
1400 kc. under N.ARBA, 250 watts, unlimited hours. Class
IV.

1500 Kilocycles

WKBB — Sanders Brothers Radio Station. Dubuque, Iowa. — .Au¬
thority to determine operating power by direct measurement
of antenna power on 1400 kc. under North American Re¬
gional Broadcasting Agreement.

WBT.A — Batavia Broadcasting Corp., Batavia, N, V. — License to
cover construction permit (B1 -P-2909) as modified, for a
new station.

WBT.A — Batavia Broadcasting Corp., Batavia, N. Y. — .Authority
to determine operating power by direct measurement of
antenna power.

WDBC — Delta Broadcasting Co., Escanaba, Mich. — Modification
of construction permit (B2-P-2854) for a new station, re¬
questing approval of vertical antenna, approval of trans¬
mitter and studio sites, and install a new transmitter.
.Amended to move transmitter 0.3 mile further east on Sand
Point (same site).

WOPI — Radiophone Broadcasting Station WOPI. Inc., Bristol,
Tenn. — Construction permit for equipment changes and
change in fretiuency from 1500 to 138(i kc. under N.ARB.A,
effective 3-29-41.

NEW — Barclay Craighead, Butte. Mont.— Construction permit for
a new station to be operaterl on 1500 kc., 250 watts, un¬
limited time. Class IV.

1530 Kilocycles

WBRY — American Republican, Inc., Waterbury, Conn, — Modifica¬
tion of construction permit (Bl-P-2756) as modified for a
new' transmitter ; changes in directional antenna for day and
night use ; increase in power, requesting authority to change
frequency from 1530 kc. to 5fil) kc. ; change pow'cr from
5 KW to 1 KW ; install a new transmitter ; move transmitter
from Prospect Twp., Connecticut, to Naugatuck, Conn.;
install new directional antenna for day and night use, and
e.xtend commencement and completion dates from 2-22-41
and 6-22-41 to 60 days after grant and 180 days thereafter.

WBRY — American-Republican, Inc., Waterbury, Conn, — .Author¬
ity to make changes in automatic frequency control equip¬
ment on 1590 kc. under North American Regional Broad¬
casting Agreement.

W.ALB — Herald Publishing Co., Albany, Ga. — Modification of con¬
struction permit (B3-P-2774) as modified for a new station,
requesting 1590 kc. under North American Regional Broad¬
casting Agreement.

1600 Kilocycles

NEW — James F. Hopkins, Inc., Ann Arbor, Mich. — Construction
permit for a new station to be operated on 1560 kc. under
North American Regional Broadcasting .Agreement, 1 KW,
unlimited time, directional antenna day and night. .Amended
to change requested frequency from 1560 kc. under North
American Regional Broadcasting Agreement to 1600 kc.
under North .American Regional Broadcasting Agreement,
and make changes in requested directional antenna for day
and night use.

FM APPLICATIONS

NEW — WJR, The Goodwill Station, Detroit, Mich. — Construction
permit for new high frequency broadcast station to be op¬
erated on 43700 kc., coverage 14,144 square miles. .Amended
to change frequency from 43700 to 45300 kc., coverage
from 14,144 to 6,800 square miles; change type of trans¬
mitter ; change location of studio locally and transmitter
location from Wyandotte, Mich., to Detroit, Mich., and
make changes in antenna.

NEW — Standard Broadcasting Co., Los Angeles, Calif. — Construc¬
tion permit for a new high frequency broadcast station to
be operated on 45100 kc., 1,427,97 square miles. Amenderl
to change coverage from 1,427.97 square miles to 5,707.7
square miles, change location of transmitter and studio
locally, change type of transmitter, and make changes in
antenna.

NEW — King-Trendle Broadcasting Corp., Grand Rapids, Mich. —
Construction permit for a new high frequency broadcast
station to be operated on 45500 kc., coverage 4,340 square
miles.

NEW — Amarillo Broadcasting Corp., Amarillo, Tex. — Construc¬
tion permit for a new high frequency broadcast station to
be operated on 45100 kc., coverage 6,503.89 square miles,
population 80.024. .Amended to change coverage to 5,628
square miles and population to 73,734, and change type of
antenna.

NEW — .American Broadcasting Corporation of Kentucky. Lexing¬
ton, Ky. — Construction permit for a new high frequency
broadcast station to be operated on 451(10 kc., coverage
7,290 square miles, population 415,501. .Amended to change
coverage from 7,290 to 6,298 square miles and change type
of transmitter.

W69PH — WCAU Broadcasting Co., Philadelphia, Penna. — Modi¬
fication of construction permit (B2-PH-43) for a new high
frequency broadcast station, requesting approval of trans¬
mitter, changes in antenna, and change location of trans¬
mitter.

NEW — Columbia Broadcasting System, Inc., Hollywood, Calif. —
Construction permit for a new high frequency broadcast
station to be operated on 44900 kc., coverage 20.560 square
miles, population 2,594,086.

TELEVISION APPLICATIONS

NEW--Balaban & Katz Corp., Portable-Mobile (area of Chicago,
III.). — Construction permit for a new television broadcast
station to be operated on 384000-396000 kc., 10 watts, ,A-3
and .A-5 emission. .Amended to change emission from .A-3
and .A-5 to A-S only.

232 — March 7, 1941

NEW— Balaban & Katz Corp., Chicago, Ill. — Construction permit
for a new television station to be operated on 88400()-8i)t)(M)0
kc., 10 watts, A-3 and A-5 emission. Amended to change
emission from A-3 and A-S to A-5 only.

\V6XHH— Hughes Productions Division of Hughes Tool Co., Los
\ngeles, Calif.— Modification of construction permit (135-
PVI3-62') for a new television station, requesting extension ol
commencement and completion dates to 6-1-41 and 1-1-42
respectively.

W6XHT _ Hughes Productions Division of Hughes Tool Co., Los

Angeles, Calif. — Modification of construction permit (BS-
PVi3-63) for a new television station, requesting extension of
commencement and completion dates to 6-1-41 and 1-1-42
respectively.

MISCELLANEOUS APPLICATIONS

W9XLA— The KLZ Broadcasting Co., Denver, Colo.— Construc¬
tion permit to move transmitter from Denver, Colorado to
Near Denver, Colorado.

WBOE— Cleveland City Board of Education, Charles H, Lake,
Supt., Cleveland, Ohio. — License to cover construction per¬
mit (B2-PED-16) for change in frequency, power and
emission.

WDOD— WDOD Broadcasting Corp., Chattanooga, Tenn.— Au¬
thorization to install automatic frequency control. (Sec.

6 thru 10). ■ r- .

_ City of New York, Municipal Broadcasting System, Port¬
able-Mobile (area of New York, N. Y.) .—Construction
permit for new relav broadcast station to be operated on
1622, 2058, 2150, 2790 kc., 50 watts, A-3 emission.

new _ City of New York, Municipal Broadcasting System, Port¬

able-Mobile (area of New York, N. Y.) .—Construction
permit for new relav broadcast station to be operated on
1622, 2058, 2150, 2790 kc., 50 watts, A-3 emission.

^NBI — National Broadcasting Co., Inc., Bound Brook, N. J. —
Modification of construction permit (Bl-PIB-28) for change
in frequencies, equipment and increase in power, requesting
extension of completion date from 4-6-41 to 5-6-41.^

WRCA — National Broadcasting Co., Inc., Bound Brook, N. J.

Modification of construction permit (Bl-PIB-29) for change
in frequencies, equipment and increase in power, requesting
extension of completion date from 4-6-41 to 5-6-41.

KEJM— Perkins Bros. Co. (The Sioux City Journal), Portable-
Mobile (area of Sioux City, la.)— License to cover construc¬
tion permit (B4-PRE-375) for change in equipment and
decrease in power.

W9XG — Purdue University, West Lafayette, Ind. — Modification of
construction permit (B4-PVB-52) for change in equipment
frequency, decrease power and add A-3 emission, requesting
extension of completion date from 3-24-41 to 9-24-41.

NEW— Columbus Broadcasting Co., Inc., Portable-Mobile (area
of Columbus, Ga.). — Construction permit for a new relay-
station to be operated on 1622, 2058, 2150, 2790 kc., 50
watts, A-3 emission.

FEDERAL TRADE
COMMISSION ACTION

COMPLAINTS

Federal Trade Commission has alleged unfair compe¬
tition against the following firms. The respondents will
be given an opportunity to show cause why cease and
desist orders should not be issued against them.

Jetldo-Highlantl Coal Company. Jeddo, Pa., and three Provi¬
dence, R. L, coal dealer corporations, are charged, in a complaint,
with an agreement and conspiracy to control the sale of “Jeddo-
Highland” coal in the Providence area.

The complaint alleges that under the respondents' agreement,
Jeddo-Highland Coal Company confined its sales and shipments

of Jeddo-Highland coal in Providence exclusively to the three
respondent coal dealers. Eastern Coal & Oil Company, Sayles &
French, Inc., and Atlantic Coal Company; the three dealers desig¬
nated one or more other Providence anthracite coal dealers to
whom Jeddo-Highland should not sell its Jeddo-Highland coal, and
Jeddo-Highland refused further to sell Jeddo-Highland coal to
Providence anthracite dealers who sell that brand of coal at a
retail price less than the three respondent dealers’ retail price.
(4468)

United States Raw Skins Corp. — A complaint has been issued
charging the United States Raw Skins Corporation, 12 East 33d
St., Ne-v York, with misrepresentation in the sale of leather, and
the Lieberson Novelty Co., Inc., 325 South Market St,, Chicago,
with misrepresentation in the sale of ladies’ handbags and other
articles made from leather purchased from the New York corpora¬
tion.

The complaint alleges that in advertisements disseminated by the
respective respondents the leather sold by the United States Raw
Skins Corporation to the Lieberson Novelty Co,, Inc., and to others
was represented as having been produced by the tanning of ante¬
lope hide, and the articles made therefrom by the Lieberson Com¬
pany as having been manufactured from such leather so produced.

According to the complaint, the leather sold by United States
Raw Skins Corporation was not produced from antelope hide,
and the Lieberson Novelty Co., Inc., made its articles from leather
tanned to simulate antelope leather. (4469)

.4K. Winarick, Iiio. — A complaint has been issued alleging
that a New York manufacturer of beauty parlor and barbers’ sup¬
plies and three Washington, D. C., wholesalers and jobbers entered
into an agreement, combination and conspiracy under which they
restrained competition and fixed prices in Washington and nearby-
areas of Virginia and Maryland, and pursuant to which they
carried on certain acts and practices in the sale of such products.

The respondents are AR. Winarick, Inc., 805 East 140th St.,
New York, manufacturer; Union Beauty & Barber Supply, Inc.,
516 Twelfth St., N. W.; Louis Saul and Anthony Nicastri, trading
as A. B. C. Barber & Beauty Supply Co., 1414 Fourteenth St.,
N, W.; and Vasili Thalis, trading as American Beauty & Barber
Supply Co., 733 Seventh St., N, W., all of Washington; Joseph
A. Gallagher, New York, vice president and general sales manager
of AR. Winarick, Inc., and George Miller, E. D. Chapman, Frank
Waters, and Gladys Welch, of Washington, all officers of Union
Beauty & Barber Supply, Inc,

The complaint alleges that due to their position in the whole¬
saling and jobbing business the three Washington distributing
companies are able to control and influence the flow of trade in
beauty parlor and barbers’ supplies in their territory.

The complaint alleges that in pursuance of their agreement or
conspiracy, the respondents sold such products in that territory
at agreed-upon uniform prices set forth in price lists circulated
by and among them; ceased to compete among themselves or with
others in the sale of such products in Washington and nearby
areas, and threatened to and did cut off supplies from those jobbers
or wholesalers and retailers who refused or failed to sell such
products at the fixed prices. (4470)

CEASE AND DESIST ORDERS

Commission has issued the following cease and desist
orders:

Macher Watch & Jewelry Company — Caroline R. Macher
and Robert J. Macher, trading as Macher Watch and Jewelry
Co., and as Wholesale Watch and Jewelry Co., 15 Maiden Lane,
New York, have been ordered to cease and desist from misrepre¬
sentations in the sale of watches, jewelry, silverware or other
merchandise.

Commission findings are that the respondents, who traded under
the name Wholesale Watch and Jewelry Co. until .A.pril, 1939,
represented in catalogs and other advertising material that they
are wholsalers and jobbers charging wholesalers’ and jobbers’
prices which allow the purchaser large discounts from customary
retail prices. However, according to findings, the respondents
are neither wholesalers nor jobbers but retailers, and their prices
are retail prices.

March 7, 1941 — 233

The Commission order directs the respondents to cease and
desist from usin'! the word “Wholesale” or “Jobbers” or similar
words as part of or in connection with their trade names, and
from representing that their prices are wholesalers’ or jobbers’
prices or provide any substantial discount from customary retail
prices.

Under the order the respondents further are directed to cease
representing that their business is “over half a century” old or
was started at any time prior to 1930, and that their rings or other
jewelry are set with rubies, sapphires or other precious stones, when
in fact such settings are only artificial or synthetic stones. (4087)

Ku-Ex Co., 500 Foot-Schulze Building, St. Paul, Minn., has
been ordered to cease and desist from disseminating any advertise¬
ment which represents that its medicinal preparation “Ru-Ex” is
in all cases safe or harmless, or which fails to reveal that the prep¬
aration should not be used by persons having tuberculosis or
goitre. The order provides that such advertisement need contain
only a statement that the preparation should be used only as
directed on its label, when the label warns that the preparation
should not be used by those having tuberculosis or goitre.

According to Commission findings, the respondent’s product,
advertised as a rheumatism, arthritis and neuritis remedy, contains
the drug potassium iodide in a quantity sufficient to cause, in some
instances, injury to health if used under conditions prescribed in
the advertisements or under customary or usual conditions. (4387)

Stetson Shoe Co., Ine., trading as M. N. .Arnold Shoe Co.,
South Weymouth, Mass., has been ordered to cease and desist from
certain representations in the sale of its products.

Commission findin.gs arc that the respondent corporation falsely
designated shoes as “Alligator Calf” when in fact they were not
made from the hide of an alligator but from a leather material
other than that hide, which had been embossed to simulate alli¬
gator leather.

The Commission order directs the respondent to cease and desist
from using the word “alligator’’ or any similar word to describe
shoes not made from alligator hide, and provides that the word
“alligator” may be used to describe the finish of shoes which are
made from other materials and are finished or embossed to resemble
alligator leather, when such word is immediately accompanied by
other words clearly indicating that the designation refers only to
the pattern embossed on such materials (4050).

Worthmore Sales rroniotioii Service, Ine., 221 East 20th
St., Chicago, manufacturer of “Rap-.A-Pak” novelty holders for
cigarette packages, has been ordered to cease and desist from repre¬
senting as profits of agents selling its products any amount in
excess of the average net earnings regularly made by its salesmen
or distributors in the normal course of business. Commission
findings are that the respondent corporation represented in periodi¬
cal advertisements circulated in various States that salesmen sell¬
ing its device customarily earn from $75 to $100 a week in the
usual course of business, when in fact such earnings under those
conditions are impossible. (4430)

STIPULATIONS

During the past week the Commission has entered into
the following stipulations:

.\reo Publishing Company — Milton Gladstone, trading as .Arco
Publishing Co., 480 Lexington Ave., New York, publisher of
manuals containing questions and answers and other material de¬
signed to prepare persons for Civil Service examination, entered
into a stipulation in which he agrees to cease representing that
such publications contain questions and answers, new type or
otherwise, which will be used in forthcoming Civil Service exami¬
nations, or that he has access to questions contemplated by the
Pinited States Civil Serx ice Commission for any future examination.
The respondent also stipulates that he will desist from representa¬
tions causing the impression that his publications or their issuance
have been authorized or approved by any agency, governmental or
otherwise, when in fact they have not been so sanctioned. (3040)

234 — March 7, 1941

Edison General Eleetiie .Appliance Co., Inc., 5600 West
Taylor St., Chicago, stipulated that in the sale of “Hotpoint
Electric Refrigerators” it will cease using any statement the effect
of which tends to cause the belief that it has a contract with the
Plnited States Government or any agency thereof to furnish electric
refrigerators in number, quantity or percentage other than is a fact.
According to the stipulation, it is further understood that no pro¬
vision of the respondent’s agreement with the Commission shall
be construed as authorizing the advertising of United States
Government awards when such advertising is prohibited by agree¬
ment with the Government or is in violation of law. (3041)

Emerson Kadio & Phonograph Corporation, ill Eighth .Ave.,
New York, manufacturer of radios and radio-phonograph combina¬
tion sets, entered into a stipulation to cease representing that cer¬
tain radio sets have a “list price” of a designated amount, when in
fact such designated amount is fictitious or in excess of the estab¬
lished price for which the products are customarily sold in retail
trade.

The respondent corporation also agrees to cease using the word
and figure “Now $9.95” or similar phraseology to designate pro¬
ducts regularly sold at that price so as to imply that the price
referred to has been recently reduced. The respondent also agrees
to desist from using the phrase “Save $10.00” or any similar phrase
in referring to products having a specified alleged “list price” or
which are sold at a designated amount, so as to imply that the
products are customarily sold in retail trade for such list price or
that their selling price is $10 less than the price for which they
are customarily sold in retail trade. (3039)

Hess Hair Milk Laboratories — Frank X, Hess, trading as
Hess Hair Milk Laboratories, St. Paul, Minn., has entered into a
stipulation in which he agrees to cease representing through the
use of testimonials or in any manner, that “Hess Hair Milk” is a
“natural treatment” or natural product; that it will prevent falling
hair; that it is a hair tonic or scalp conditioner or has any remedial
or tonic effects on the scalp or hair; that its use will restore the
original, natural or youthful color to gray or faded hair; that it
will cause hair to have a youthful appearance, or that it will
prevent the appearance of age. (3042)

(Middle West Supply Company — Charles T. Pike, Elbert C.
Pike and Ernest C. Pike, trading as Middle West Supply Company
and as The Best Gardens, 310 Prairie St., St. Charles, Ill., have
been directed to cease and desist from misrepresentations in the
sale of face powder and flower seeds.

Commission findings are that under the name Middle West
Supply Company, the respondents have sent prospective customers
penny jiostals bearing socalled “special” or “introductory” offers
of “free” face powder allegedly valued at $1, provided the customer
remits 10 cents to cover handling charges, and sends the respondents
six postals addressed to friends; and that the respondents adver¬
tised that customers responding in 10 days would receive a “prompt¬
ness prize.”

Further findings are that in a large number of cases no face
powder is sent upon receipt of the dime, or if the powder is sent
it is not reasonably worth more than the customer’s dime, and
that the respondents require an additional 24-cent payment before
sending the “promptness prize.”

Similar offers with respect to flower seeds were made by the
respondents under the trade name of The Best Gardens, according
to findings. In a large number of cases, the findings continue, no
flower seeds were sent, or, if actually sent, were worthless hulls
and would not grow.

According to Commission findings, the United States Post Office
Department received almost 5,000 complaints regarding the respond¬
ents’ failure to live up to their offers and during one year the
respondents bought more than 3,000,000 postal cards, at one time
mailing about 50,000 a day.

The Commission order directs the respondents to cease using
the words “free,” “free offer,” “gift,” “prize,” or “premium” to
refer to any of their merchandise; to discontinue representing that
amounts charged for goods are anything other than their full retail
price; to cease marking up regular prices of merchandise, and to
desist from the representation that the respondents are conducting
a special, introductory or advertising offer. (3996)

Kiiiiiagol Lalxiratories — Trading as Rumagol Laboratories,
Rio Grande Pharmacy, and Rio Grande Drug Co., A. Medrano,
4164 Brookhn .\ve.. Los .Angeles, entered into a stipulation in
which he agrees to cease certain representations in the sale of the
preparation ''Rumagol.”

The respondent agrees to cease disseminating advertisements
representing that Rumagol is a competent remedy or effective
treatment or analgesic for rheumatoid arthritis, muscular pains,
lumbago, sciatica, gout, neuritis, arteriosclerosis, painful or twisted
joints or nerves, or so-called rheumatism, and that preparations
sold in competition with Rumagol such as rubefacient or counter-
irritating liniments or ointments are ineffective in the treatment
of such ailments. The respondent also agrees to desist from
advertising that the preparation will reduce and eliminate excess
uric acid by its action on the kidneys.

P’nder the stipulation, the respondent Medrano further agrees to
cease disseminating advertisements of the preparation which fail
to reveal that it should not be used when abdominal pain, nausea,
vomiting or other appendicitis symptoms are present, or which
fail to reveal that frequent or continued use may result in depend¬
ence on laxatives. The stipulation provides that such advertise¬
ments need contain only a statement that the preparation shoulrl
be used only as directed on its label, if and when such label either
contains a warning concerning consequences that may result from
use of the preparation under certain conditions or specifically directs
attention to a similar warning statement in the accompancing
labeling. (02745)

Heese Chemictil (’o., 10617 Frank Ave., Cleveland, has entered
into a supplemental stipulation in which it agrees to cease repre¬
senting that its preparation “Thoxine” is a remedy or cure for
sore throat or is of any value in its treatment except as it may
afford temporary relief for certain aches and discomforts associated
with a cold. The respondent also agrees to cease representing that
its product soothes congested membranes all the way down, or
works quickly through the entire system, and that it is the ideal
preparation for children. The stipulation is supplemental to a
stipulation accepted by the Commission in May, 1956, in which
The Reese Chemical Co. agreed to cease making other representa¬
tions concerning “Thoxine.” (01395)

Kestinore Mattress Company — Isadore Galitzky, trading as
Restmore Mattress Co., 1121 Holmes St., Kansas City, Mo, mat¬
tress manufacturer, has entered into a stipulation in which he
agrees to cease using on labels or in advertising matter (or through
such printed matter supplied to others for their use in connection
with the sale of his products) any fictitious or misleading price
representation which purports to be the retail sales price of certain
mattresses but which in fact, exceeds the customary retail price.
(3045)

F. A. Stuart Co., Marshall, Mich., has entered into a supple¬
mental stipulation in which it agrees to cease disseminating certain
representations concerning “Stuart’s Laxative Compound Tablets.”

The respondent agrees to cease disseminating advertisements
which represent that these tablets will in no case have any dele¬
terious effects or are safe to use in all cases, or which advertise¬
ments fail to reveal that (1) use of the preparation should be
discontinued where a skin rash appears; (2) the preparation should
not be used when abdominal pain, nausea, vomiting or other
symptoms of appendicitis are present, and (3) frequent or con¬
tinued use may result in dependence uijon laxatives.

The stipulation provides that the advertisement need contain
only a statement that the preparation should be used only as
directed on the label, if and when the label either contains warning
statements of the consequences that may result from the prepara¬
tion’s use under certain conditions, or specifically directs attention
to similar warning statements in the accompanying labeling.

The stipulation is supplemental to a stipulation accepted by the
Commission from the respondent in December, 1936. (01589)

Weller Company — H. Pierce Weller, trading as Weller Co.,
Atascadero, Calif., has entered into a stipulation in which he agrees
to cease advertising that the preparation “Vitey Perles’’ will in¬
crease energy, and that the pi'oduct has any effect whatever
without expressly limiting such claims to cases where there is

a lack of \’itamin E. The respondent further stipulates that he
will cease representations to the effect that Vitey Perles stimulates
sexual desire or ability. (02746)

February Index

Page

Army Aerial Tour 164

Itinerary 164

Program Possibilities 164

American Society of Composers, Authors and Pub¬
lishers 115-125-157-195

ASCAP Capitulates 157

ASCAP Signs Consent Decree 195

Justice Department Files Criminal Action
Against ASCAP 115

Payments to ASCAP After December 31 125

Bowles, George H. 167

Broadcast Advertising Unit Report — November 1940 177

Broadcast Music, Inc. 115-126-143-158-200

BMI Brings Gems of Jazz 160

BMI Concert 143

BMI Gives a Song to Britain 200

BMI Tunes in New Roosevelt Picture 159

BMI Wins in Marathon Program — WIP 144

BMI’s One in a Thousand 160

Best Sellers 126

Catalogue 126

Continuity Department Valued by Member Sta¬
tions 159

Contracts Signed for BMI Song Sheets 159

Duke Ellington Records BMI Hits 202

Favorable Comment Predominating 127

Feature Tunes 126-144-160-201

First 100 Per Cent BMI Picture 202

Frenesi Goes Over the Top 202

Gets New Catalogues — Golden Gate Publications,
Stevens Music Company 159

History Repeats Itself — To Music 145

Hit Made Hit-Maker 201

Kate Smith Features “We’re All Americans” 144

Londoner Comments 127

Marks Features New Cuban Fox Trots 202

More Catalogues Acquired — Society of Jewish
Composers, Publishers and Songwriters; Jean
Missud; Majestic Music Corporation 144

New Music Conquers Canada 200

No Significant Change in Radio Audiences —

C. E. Hooper Surveys 158

Public Backs the Broadcasters 159

Rookie Fathers a Feather 161

Special Public Domain Lyrics Department
Formed 159

Clear-Channel Stations Open Washington Office 146

Craig’s Tribute to Radio at WMC Ceremony 165

Educational Programs . 167

Engineering . 130-161-202

Broadcast Engineering Conference 161-202

Report of Conference 161

Columbus Conference 131

Complete NTSC Reports Available for Sub¬
scription . 163

Frequency Modulation Conference 130

Frequency Modulation Coverage 162

Television Flearing 203

Federal Communications Commission 132-150-206

Activities 133

Assistant Secretary Reynolds Resigns 133

Change in International Broadcast Rule 206

Fly Press Conference 132

Monopoly Report 150-161-206

Notice to Attorneys 167

Proposed Decision in Brooklyn Cases 133

Resolution from Greenwich Council of Women 206

Fly and Joseph Miller Address Civil Liberties Union 147

Former FCC Commissioner Brown Dies . 206

March 7, 1941 — 235

Page

Page

Frequency Modulation 130-162-206

Conference 130

Coverage 162

Experimentally Operating 206

Five New FM Grants 168

Henry’s New Job . 165

Kirby, John 167

Labor . 127

Guaranteed Overtime 127

Independent Contractor 128

Supreme Court Upsets Arnold in First Labor
Case 127

Wage-Hour Act Constitutional 127

Legislation 131-143-165-204

Bill to Arbitrate Music Fees 204

Federal Legislation 132-165-204

Georgia Contact 132

Missouri Contact 167

NAPA Bill in Pennsylvania 131

Proposed Revision of Excess-Profits Tax 204

State Legislation 132-165-204

Wheeler Questions Networks About Commenta¬
tors 143

Listeners Like Utility Show 165

Long Distance Remote 129

NAB 128-145-206

Code Committee Meets 128

Convention 129-145

Committee Announced 129

Housing Committee Ready 145

Promotional Exhibits 145

Reservations 129

District Meetings 128-145-206

NAB District Meetings — Continued

First District . 206

Ninth District . 128

Thirteenth District . 145

Membership Still Growing 128

New Remote Record Tops All . 165

Overtime for Radio Inspectors 169

Programs from Army Posts 145

Reallocation . 115-118-145-147-164-167-197

Frequency List . 119

Errors . 145

Licenses for Reallocation 118

Notice to All Standard Broadcast Licensees 164

Radio Movin’ Day 119-147-167-197

Members of Governors’ Movin’ Day Proc¬
lamation Committee . 198

Rosenbaum Answers Wheeler’s Charge 161

Sales . 147-205

Cost-per-Inquiry 205

Bargain Book House (Home Book of Medi¬
cine) . 205

Bible Press . 205

Don Howard, Radio Advertising 205

Haldeman-Julius Publications (Little Blue
Books) 205

Mendenhall Manufacturing Company 205

Precision Window Springs Company 205

Walter E. Battenfield Company (Speed King
Hot Water Heater Company; Kristee
Company; Safety Signal Company) 205

Free Offers 147

Yocum Hits MacFadden Publications 147

Television Hearing . 203

236 — March 7, 1941

1626 K STREET, N. W.

WASHINGTON, D. C.

Vol. 9, No. 11, March 14, 1941

THE WEEK IN WASHINGTON

The NAB Board will meet Monday and Tuesday,
March 17 and 18, at the Roosevelt Hotel, New York
City. (p. 237.)

Lanny Ross, radio tenor, has written a new song, “The
Smile of the Irish”, which BMI will make available for
broadcasting in time for St. Patrick’s Day. (p. 237.)

Public promotion for Radio’s Movin’ Day gets under
way. (p. 239.)

A study of urban radio listening in the United States
will be mailed to all members next week. (p. 244.)

Members who wish to propose amendments to NAB
By-Laws should send them to NAB headquarters im¬
mediately. District 3, 5 and 7 meetings are scheduled.
The Code Committee replies to objections to beer ad¬
vertising. (p. 244.)

Delaware’s “Blue Laws” were repealed after a strict
enforcement campaign involving broadcasting stations,
(p. 246.)

James Lawrence Fly, FCC Chairman, said that the
Commission was working on a brand new “monopoly”
report, (p. 246.)

Board Meets March 17-18

The NAB Board will meet Monday and Tuesday,
March 17-18, at the Roosevelt Hotel, New York City,
to consider the whole music situation.

In connection with the meeting, Neville Miller issued
the following statement:

“On February 26 we were informed that the American
Society of Composers, Authors and Publishers had signed
a consent decree requiring the Society to offer its music
to broadcasters on a per program basis. I immediately
wrote Mr. Gene Buck that if the Society cared to submit
terms by which broadcasters could obtain licenses to
use ASC.'\P music on radio programs I wmuld call a
special meeting of our Board of Directors to consider
such proposals. IMr. Buck replied promptly, and since
that time we have had another exchange of letters on
the subject.

“It is understood that no broadcaster has delegated
to the National Association of Broadcasters the right of
negotiation and that any proposal must eventually be

submitted to individual broadcasters. Several broad¬
casters, I am told, have themselves made this clear to
ASCAP by writing ASCAP to that effect. However,
Mr. Buck feels that it would be helpful if our Board of
Directors were to appoint a committee to sit with
ASCAP’s representatives to assist in formulating a pro¬
posal for submission to broadcasters.

“I have therefore called a meeting of our board for
for next Monday, March 17, in New York to consider
the whole question. As members of the board will as¬
semble here from all parts of the country, I have also
told Mr. Buck that I think it important that he get
into concrete form the alternative bases of licensing which
the Society is prepared to offer to broadcasters so that
they can be considered in general terms by the members
of our board at their meeting.”

BMI

THE SMILE OF THE IRISH

Lanny Ross, radio tenor, has written a new song, The
Smile of the Irish, which BMI will make available for
broadcasting in time for St. Patrick’s Day. Mr. Ross
has already introduced the song in vaudeville and over
the air with notable success and it will be featured in
the St. Patrick’s Day parade in. New York by a group
of Irish girls chosen for their ability to represent the
beauty as well as the smiles of the Irish.

The lyrics of the song are well adapted to parody and
Mr. Ross has developed special lines for the use of the
Army, the Navy, and the Marine Corps. The version
which begins, Oh, There's Nothing Like the Smile of a
Soldier, bids fair to become a familiar bit of bellowed
melody in the Army camps along with BMFs other gift
to the service man’s amusement. Where’s the Captain’s
Hat?

HEARTBREAK FOR HOLLAND

A new song. My Sister and I, based on the book of
the same title which is the diary of a Dutch boy refugee
has created a furor among band leaders and vocalists in
their eagerness to be among the first to record it.

Dick Jergens first heard the song at the offices of the

(Continued on page 238)

March 14, 1941 — 237

Neville Miller, President C. E. Arney, Jr., Assistant to President

Edward M. Kirby, Director of Public Relations; Joseph L. Miller,
Director of Labor Relations ; Paul F. Peter, Director of Research ;
Russell P. Place, Counsel; Lynne C. Smeby, Director of Engineering

BMI

(Continued from page 237)

publishers, BAII, and asked that a recording be sent to
him in Chicago where he was playing. He played it
for Eddy Duchin and they both immediately put in a
bid to record the tune. In the meantime, Tommy Tucker
became interested in it and mentioned it to Bea Wain.
Bea liked the idea so well that she phoned the composers
and asked them to come up to her apartment and play
it for her. As a result, Victor announced next day in
its record releases, “Bea will disc ‘My Sister and /’, a
refugee song based on the best-selling novel of the same
name.” And while this was going on. Bob Chester was
assigned to record the tune by Bluebird and Benny
Goodman beat all the bands to an air performance by
doing it Monday night, March 3rd, on WJZ. All in all,
eight top-flight band leaders have reserved My Sister
and I for recording, and orchestrations are not yet off
the printing press.

There is something timely, tender, and poignant about
the lyrics which bring home to the listener what the war
has meant to the people of the peaceful little countries.
Yet there is nothing that the strictest censor could delete
on the ground that it told of the horror of war.

The writers, Alex Kramer, Joan Whitney, and Hy
Zaret, also wrote So You're the One and It All Comes
Back to Me Now. Joan Whitney left last week for Holly¬
wood in company with Aileen Stanley, agent for the
motion picture rights of the book, to complete negotia¬
tions under way calling for production of a motion picture
based upon the book.

The song will be released to BMI stations in the near
future.

In Billboard’s Music Popularity Chart this week we
took a red pencil to check off the BiMI numbers on the
list of Leading IMusic Machine Records, National Best
Selling Retail Records, and National Sheet Music Best
Sellers. By the time we had finished, it was hard to find
the numbers which had not been checked. Nine out of
the eleven leaders in the coin machines, eight out of ten
best selling records, and twelve out of fifteen sheet music
best sellers are covered by the BlMl license. Billboard
reports that High on a Windy Hill has this past week

BMI FEATURE TUNES
March 17-24

1. WALKIN’ BY THE RIVER

2. WISE OLD OWL

3. HIGH ON A WINDY HILL

4. YOU WALK BY

5. HERE’S MY HEART

6. WHERE’S THE CAPTAIN’S HAT

7. IT ALL COMES BACK TO ME NOW

8. MAY I NEVER LOVE AGAIN

9. I CAN’T REMEMBER TO FORGET

10. ACCIDENT’LY ON PURPOSE

11. KEEP AN EYE ON YOUR HEART

12. ALL I DESIRE

13. LET’S DREAM THIS ONE OUT

14. TALKING TO THE WIND

15. BREAKFAST FOR TWO

16. SHADOWS IN THE NIGHT

17. STONE’S THROW FROM HEAVEN

18. WITH A TWIST OF THE WRIST

taken a sudden jump upward to land “among the blue-
ribbon winners in the current automatic phono picture”
and it is now “a prime favorite among nickel droppers.”

NEW BMI REPRESENTATIVES

Broadcast IMusic, Inc., announces the appointment
of IMr. Harold Seader of 6 Wales Street, Dorchester,
Mass., as New England representative, and Mr. J. Robert
Miller, 10410 East Jefferson Avenue, Detroit, IMich., as
roving representative covering from Kansas City to
Pittsburgh.

FAMOUS COMPOSER SIGNS BMI
CONTRACT

Broadcast Music, Inc., has completed a contract with
Dr. Ralph Benatzky for his previously unpublished com¬
positions. Composer, dramatist, novelist, and poet. Dr.
Benatzky is best known in this country for such recent
productions as Meet My Sister, with Walter Slezak,
Cocktail, with Mady Christians, and White Horse Inn.
He has the phenomenal record of having written 92 plays,
about 200 one-act plays, about 5000 songs, 11 books,
1 50 motion pictures, and enough other items to make up
the life work of an average man. For his operas and
music plays he himself writes book, lyrics, and music.

Dr. Benatzky is a Czech by birth and has for years
been a Swiss citizen, but he is now living in New York
and has taken out his first naturalization papers to become
a citizen of this country.

He began his work as an author and composer when

(Continued on page 243)

238 — March 14, 1941

TWO WEEKS TO MOVIN’ DAY

Since last NAB Reports thirteen additional governors
have either issued Movin’ Day proclamations or have
promised to do so. These governors, together with the
station executive, securing the proclamation, on behalf
of the industry, are;

ALABAMA— Gov. Frank M. Dixon
Arranged by Howard E. Pill, WSFA, Montgomery
FLORIDA — Gov. Spessard L. Holland
Arranged by W. Walter Tison, WFLA, Tampa
ID.4HO — Gov. Chase A. Clark
Arranged by C. G. Phillips, KIDO, Boise
LOUISIANA — Gov. Sam Houston Jones
Arranged by James A. Noe, WNOE, New Orleans
MICHIGAN — Gov. Murray Van Wagoner
Arranged by John E. Fetzer, WKZO, Kalamazoo
NEW HAMPSHIRE— Gov. Robert O. Blood
Arranged by Earle Clement, WLNH, Laconia
NORTH CAROLINA— Gov. J. M. Broughton
Arranged by Edney Ridge, WBIG, Greensboro
NORTH DAKOTA— Gov. John Moses
Arranged by F. E. Fitzsimonds, KFYR, Bismarck
SOUTH DAKOTA— Gov. Harlan J. Bushfleld
Arranged by A. A. Fahy, KABR, Aberdeen
UTAH— Gov. H. B. Maw
Arranged by S. S. Fox, KDYL, Salt Lake City
VIRGINIA— Gov. James H. Price
Arranged by C. T. Lucy, WRVA, Richmond
WASHINGTON— Gov. Arthur Langlie
Arranged by H. J Guilliam, KIRO, Seattle
WYOMING— Gov. Nels H. Smith
Arranged by H. L. McCracken, KYAN, Cheyenne

These additions bring to thirty-one the number of
proclamations secured and promised. Nine additional
proclamations are being negotiated in eight states and
the District of Columbia as follows:

Georgia, Illinois, Maryland, Missouri, New Jersey, New York,
Pennsylvania, Wisconsin, District of Columbia. No information
has been received from nine other states.

With the progress thus far reported, there is every
possibility that the industry will secure a clean sweep
in continental United States.

MORE MAYORS PROCLAIM

Several additional mayors are reported as issuing
proclamations:

The Mayor of Lima, Ohio

Mayor T. W. Harris, Columbus, Miss.

Mayor Ed Warren, Cheyenne, Wyo.

Mayor Rex P. Barrett, Columbia, Mo.

The Mayor of Rochester, N. Y.

The Mayor of West Palm Beach, Fla.

The Mayor of Palm Beach, Fla.

The Mayor of Lake Worth, Fla.

Mayor Ira Kruger, Aberdeen, S. D.

The Mayor of Rock Island, Ill.

EDUCATORS HELP

We have received word of cooperation from state
superintendents of education in the following states since
the last NAB Reports:

Florida
New Mexico

GOVERNORS’ LEAGUE STANDINGS

District

Standing

States in

States out

No. 6 .

1.000

Arkansas

Louisiana

Mississippi

Tennessee

No. 7 .

1.000

Kentucky

Ohio

No. 8 .

1.000

Indiana

Michigan

No. 11. . . .

1.000

Minnesota

North Dakota
South Dakota

No. 12. . . .

1.000

Kansas

Oklahoma

No. 17 ... .

1.000

Oregon

Washington

No. 14. . . .

.800

Colorado

Idaho

Utah

Wyoming

Montana

No. 5 .

.667

Alabama

Florida

Georgia

No. 4 .

.667

North Carolina
South Carolina
Virginia

West Virginia

Maryland

District of Columbia

No. 10. . . .

.667

Iowa

Nebraska

Missouri

No. 1 .

.500

Connecticut
Massachusetts
New Hampshire

Maine

Rhode Island

Vermont

No. 15 ... .

.500

California

Nevada

No. 16 ... .

.333

California

Arizona

New Mexico

No. 2 .

.000

New ITork

No. 3 .

.000

Delaware

New Jersey
Pennsylvania

No. 9 .

.000

Illinois

Wisconsin

No. 13 ... .

.000

Texas

Some “out” states have proclamations in negotiation.

TAMPA— ST. PETERSBURG

A full page of copy in the Tampa Tribune, Tampa
Times and the St. Petersburg Times is part of the Movin’
Day promotion arranged by WDAE, WFLA and WTSP.

The Peninsular Telephone Company bills and the
statements issued by Tampa Electric Company contain
Movin’ Day stuffers. Plans for the broadcast barrage

March 14, 1941 — 239

have already been completed. In addition Spessard L.
Holland, Governor of the State of Florida, issued a
Movin’ Day proclamation on March 5, arrangements
for which were made by Walter Tison, WFLA and NAB
District 5 Director.

LIMA, OHIO

WLOK, Lima, started promotion of Radio Movin’
Day on March 10, with a big meeting and open house
for all radio servicemen in northwestern Ohio. Invita¬
tions urged servicemen to come early and stay late.
They inspected WKOL’s new 2 50- watt transmitter and
heard talks on iMovin’ Day by Russ Shettler, WLOK’s
chief engineer, and by Kent Richey, Lima radio parts
jobber. Meeting was strictly informal, and was followed
by special entertainment by WLOK staff. Elaborate
refreshments and dutch lunch were served. At conclu¬
sion of meeting visitors were invited to remain for early
morning frequency check.

WLOK has arranged consistent follow-up by drama¬
tized broadcasts, announcements, mayor’s proclamation
and various stunts. x\dvertisers are cooperating in allow¬
ing mention of Movin’ Day on their programs.

TRANSCRIPTION IDEA

When V. J. LeBarron, secretary-treasurer, KGNF,
North Platte, Nebr., received the Movin’ Day tune re¬
cently released to all stations, he sent it to C. P. Mac¬
Gregor transcription company in Hollywood. There,
Anita Boyer “sang it in three different rhythms, making
three different tracks on the transcription. We are going
to use it ‘loud and often’ until everyone will be singing
it when iMovin’ Day gets here.

“Maybe some other station would like the idea.”

1400 KILOCYCLE CLUB

Bob McRaney, general manager, WCBI, Columbus,
iMiss., has come up with an outstanding idea to publicize
his new dial location. It is passed on in the belief that it
will be useful to other stations. Here it is in IMr. Mc¬
Raney ’s own words:

“VVe liavc organized a radio fan club called the 1400 Kilocycle
Club. We are endeavoring to secure 1400 charter members; one
member for every kilocycle we have after March 29. Regular
membership cards are being printed and mailed to those requesting
them, the first 1400 being charter members of the club. The idea
seems to have caught on splendidly, and we are being besieged with
requests for membership cards. Thirty minutes every day has been
set aside on WCBI during which time requests of the membership
are answered, details of the organization given, names of new
members read, and special emphasis made on Movin’ Day angle of
WCBI to its new frequency 1400 kilocycles.

“This coupled with our regular newspaper publicity, plus dis¬
tribution of stuffers in power bills, jilus the Mayor’s proclamation
should certainly bring to the attention of our listeners the facts of
Movin’ Day.”

PROMOTION TIME TABLE

1. Increase promotion tempo in accordance with
your plans.

2. Make a recording of the Movin’ Day Theme.
Get everybody whistling it!

3. Plan for promotion on and after March 29. As
a precaution the use of newspapers may be in
order.

4. Try your telephone company again for April
insertion of stuffers. From reading NAB Re¬
ports you have noticed that some telephone
companies are now cooperating with the industry.
A great many people say “no” the first time.

PROMOTES MAYORALTY “PROCS”

When the Hon. Harland J. Bushfield, Governor of the
State of South Dakota, signed the Movin’ Day proclama¬
tion he agreed to cooperate further with the radio in¬
dustry. On the day after the signing of the proclama¬
tion, on March 5, he wrote A. A. Fahy, general manager,
KABR, that he would issue the proclamation on March
15 as requested. IMr. Fahy is also promoting the idea
of having the iMayors of South Dakota cities and towns
issue similar proclamations.

STRANGE COINCIDENCE

By coincidence Governor John IMoses of North Dakota
also selected March 15 for the issuance of his Radio
Movin’ Day proclamation. So said his letter to F. E.
Fitzsimonds, manager, KFYR, Bismarck, N. D.

MAILED COPIES OF IDAFIO “PROC”

Immediately after Governor Chase A. Clark, of Idaho,
issued his proclamation, C. G. Phillips, manager, KIDO,
Boise, mailed a copy to all stations in the state. Reports
have it that it is being used effectively.

COLUMBIA, MO.

Foster H. Brown, Jr., KFRU, Columbia, Mo., is tak¬
ing no chance that any listeners will be ignorant of the
arrival of IMovin’ Day. Plere’s what has been arranged
so far:

Proclamation of Mayor Rex P. Barrett on March 15.

.Advertisements in local newspapers beginning March
20.

Spot announcements beginning same date. On April
1 the telephone company will include reallocation stuffers
in its bills.

d'elephone calls to all radio servicemen to slimulalc
their interest and cooi>eration are currently being made.

240 — March 14, 1941

KENTUCKY UTILITIES

Kentucky utilities which services a huge part of the
state of Kentucky is cooperating aggressively in spread¬
ing reallocation news via the enclosure route. Officials
were contacted by Ted Grizzard, station director of
WLAP, Lexington.

SPECIAL MOVIN’ DAY SECTION

Douglas Fellows, radio editor, Hartford Courant, is
busy compiling material for a special section in the
Courant to be issued March 23. The Courant is Hart¬
ford’s only Sunday newspaper.

Decision to publish the special section was made after
conference with James F. Clancy, WTIC Sales Promo¬
tion Manager, Walter Haase, program manager, WDRC,
and officials of WTHT.

ROCHESTER

William Fay, general manager, WHAM, Rochester,
N. Y., has prepared an impressive educational and pro¬
motional schedule over his station. Account of “addi¬
tional promotion incidental to Movin’ Day” covers sev¬
eral pages. Some of the highlights are:

Each day WHAiM’s full column promotion ad in
Rochester’s morning and evening newspapers, total cir¬
culation 173,000, plugs new frequency, as well as pro¬
grams.

The station is offering a new log book in cooperation
with the Stromberg-Carlson plant. The book will also
be available through Stromberg-Carlson dealers through¬
out the United States.

Announcements on WHAM between March 16 and 20
will call attention to the fact that the station shifts to
1180 kilocycles. From March 22 all sustaining programs
will give similar information. A representative of the
local radio servicemen’s group will be presented to dis¬
cuss “Seven Days — 300,000 Sets.” There will also be
courtesy announcements.

March 23, church services will mention frequency
shifts. Also courtesies. March 24, radio servicemen’s
talk No. 2. xMso courtesies.

March 25, Lee McCanne, assistant to the general man¬
ager of Stromberg-Carlson will discuss “Station Inter¬
ference and Frequency Reallocation.” Also courtesies.
On this day tests will be made on 1180 kc. between 1:00
a.m. and 2:00 a.m. to assist dealers and servicemen in
locating the frequency on push button receivers.

IMarch 26, Ken Gardner, chief engineer, will discuss
radio Movin’ Day. On the same date radio servicemen’s
talk No. 3 is scheduled. Also courtesies. Next day
WH.-XiM will broadcast from the transmitter telling how
the retuning of the 50 kw transmitter was achieved. Mem¬

bers of the engineering staff will be interviewed. More
courtesies.

On March 28, the station will present the proclamation
of the Mayor of Rochester.

The mobile transmitter will be used to conduct a man-
on-the-street program. Quiz questions will deal with
such common but little understood words as “crystal,”
“frequency,” “carrier,” “microphone,” “clear channel,”
etc.

A science program of the Rochester School of the Air
will explain to the boys and girls what the frequency shift
means. More courtesies.

March 29, servicemen’s talk No. 4 — “Radio’s ‘M’
Day.” The Stromberg-Carlson company’s sales manager
will broadcast a second show “Radio Sets Five Years Ago
and Now.” More plugs.

March 30 through April 5, WHAM will continue to
announce the station’s new frequency.

WEST PALM BEACH

Steve Willis, general manager, WJNO, West Palm
Beach, Fla., has no interest in a printing plant but just
the same he’s having 40,000 dodgers printed on realloca¬
tion and will distribute 400 window cards in 2-color silk
screen process.

He has secured proclamations from the mayors of
West Palm Beach, Palm Beach and Lake Worth. Similar
resolutions were issued by the local Board of Public
Instruction, Boy Scouts, Girl Scouts, Unified Drive, Red
Cross, the Woman’s Club of West Palm Beach, the
Woman’s Club of Lake Worth and 15 additional com¬
munity groups connected with educational, civic, religious
and charitable activities.

Between March 7 and 11 inclusive WJNO conducted
a teaser announcement campaign — “Wait for THE day!
It’s Coming.” From March 12 to 15 the copy read —
“Wait for THE day! We have a date at twelve-thirty.”
Beginning March 16 and continuing through the 20th
the announcement will read “Wait for WJNO Day! We
have a date at twelve-thirty.”

Beginning March 20 the ten daily news periods will
carry a straight news story reporting events pointed to
“WJNO Day,” March 29. Eirst news stories will be the
mayor’s resolution and those of the civic groups.

March 20 will emphasize the retailers’ anxiety to co¬
operate by displaying the “WJNO Day” window and
counter cards.

The majority of the 40,000 dodgers will be distributed
by Boy Scouts throughout the county, the time being
credited toward their civic award. The dodgers will
also be distributed to all churches on “WJNO Sunday,”
March 30, and at the schools. Dodger distribution will
cover the March 20-29 bracket. The distribution of
window and counter cards begins on March 20.

March 14, 1941 — 241

Newspaper advertising begins March 28. This will be
a 3-column ad reproducing the mayor’s resolutions and
signed by all civic groups. Sunday papers will contain
smaller ads.

On March 29 the Station will present a program which
pays tribute to the community for the way it has been
honored by citizens and civic groups.

CHICAGO

Chicago stations are working closely with the Chicago
chapter, Radio Servicemen of America. They have pro¬
vided RSA members with printed call letters for use as
station tabs. This service organization has a large mem¬
bership in Chicago and should prove most helpful to all
Chicago stations.

PHILCO 30,000 MAILING

The service department of Philco Corporation, reports
through J. R. Jackson, manager, service department,
that 30,000 radio dealers and servicemen throughout the
United States and Canada have been mailed a four page
Movin’ Day promotion.

COLUMBUS, OHIO

Here’s the outline of WENS’ promotion for Columbus
and adjacent territory as relayed by Jim Yerian, pro¬
motion manager;

Will plug a single telephone number for local radio
servicemen’s association. Line terminate in a clearing
house office for service calls to be routed according to
the location.

An elaborate program of spots begins March 17. The
copy will be short if a commercial spot follows, longer
for breaks which do not precede a spot; one-minute on
station breaks not preceding commercial spots or com¬
mercial programs. Some of them will be transcribed spots
for use is being made of the N/\B Movin’ Day theme
song. Listeners are urged to make a reservation with

HOLD TEST PERIODS

In order to enable dealers to reset their stock of
receivers to the new frequencies before March 29,
it has been suggested that stations schedule definite
test periods during which they will transmit on the
new frequency. The radio repair men and the
dealers should be notified of these test periods.

A. E. Joscelyn, general manager, has announced
that WET, Charlotte, will start such a series of
transmissions this week. WHAIM, Rochester, will
hold its first test for servicemen, March 25.

their radio repairman for service to be performed as soon
after March 29 as possible.

Prior to March 29 radio will be the only medium used.
Eut beginning with that date and continuing to April
10 a thorough newspaper campaign has been prepared.
A ten-inch ad will appear in the Ohio State Journal and
eight county dailies with three such insertions in county
weeklies and semi-weeklies.

Another series of two-inch ads will appear in the Ohio
State Journal and eight county dailies for ten consecutive
days following the change. The same design in same
size will be used on colored stickers. Some of them will
appear on news releases going to over 1,000 schools in
central Ohio.

Irwin Johnson is preparing a script for the educational
program, “Liberty kinder Law,” which will include a
history of frequencies in radio and which will point out
the advantages of reallocation. This program now carried
by seven Ohio stations will probably be carried by twelve
as of iMarch 29.

Thirty thousand rural families will receive a booklet
which includes a complete station log, picturization of
the staff and information relative to frequency changes.

Ten large billboards will be used; the lobby will be
decorated; posters will be prepared suitable for sponsors’
windows; the house organ will promote the new wave
lengths and auto license plates for all staff members have
been designed.

Letters will be sent, outlining the promotion campaign,
to all radio dealers in central Ohio. .Another letter will
go to automobile dealers in the same territory. It urges
them to notify owners of auto radios to have their sets
changed.

The grocer and druggist letters, also containing fre¬
quency change information, will suggest that these mer¬
chants discuss changes with their customers so they will
not miss a single program which sells the advertised
goods in stock.

Every individual user of WENS’ time will get a selling
story.

SACRAMENTO, CAL.

The Radio IMovin’ Day promotion plan being under¬
taken by KEEK, Sacramento, covers five sheets. High¬
lights are:

A meeting of servicemen on March IS. Invitations
were extended to 730 servicemen north of Sacramento
as far as the Oregon line.

Magazine articles in: California State Grange publica¬
tion; Pacific Rural Press, California State Employees’
Magazine.

A full page layout is scheduled for the magazine section
of the Sacramento Bee on March 29. A technical story
will appear in the Bee on March 25 and a general story
iMarch 27.

242 — March 14, 1941

The daily publication of one-inch teaser ads in the
Sacramento Bee covers March 10-18. Six-inch ads appear
19, 20, 21 and 22. A thirty-inch ad is scheduled for
March 25 and a double truck in the Bee is set for March
26. This is a cooperative ad with servicemen and dealers’
tie-in.

The tempo of spot announcements is stepped up from
two daily, March 10 to 15, to three daily, March 16 to
23; and five daily, March 24 through 29.

Jointly with Sacramento’s other station, KROY, 20,000
of the 2-color NAB staffers are being distributed by
department stores.

Single card radio logs printed on two sides will be dis¬
tributed throughout northern California. At the meeting
of servicemen Norman Webster, chief engineer of the
McClatchy engineering department, will give a technical
explanation of frequency allocation.

Howard Lane, business manager of the McClatchy
Broadcasting Company, will urge radio servicemen’s
fullest cooperation. The station’s powerful 300 watt
PA system, just completed, will be demonstrated at the
meeting.

ROCK ISLAND, ILL.

Ivan Streed, program manager, WHBF, reports that
promotion plans are already set in motion in Rock Island.

First, he reports, that the Mayor’s resolution has been
printed in the Davenport (Iowa) Democrat, IMoline Dis¬
patch and the Rock Island Argus.

The Peoples Power and Light Company has distributed
stuffers with their bills mailed to the consumers in the
Tri-Cities. Cards have also been placed in the Tri-
Cities’ busses; the Tri-Cities’ leading theaters are running
a two frame trailer. “We are using the NAB ‘Movin’
Day theme’ and have made a male trio transcription of
it in connection with other spot announcements.”

The Rock Island high school will do one of the scripts
sent by NAB, while the station will produce the other
two. During the week of March 24 Chief Engineer
R. J. Sinnett will broadcast directly from the transmitter.
He also advised that many radio service shops are run¬
ning special announcements.

WINSTON-SALEM

When station WSJS, operated by the Piedmont Pub¬
lishing Company, Winston-Salem, N. C., moves to its
new spot on the dial it changes from 1310 to 600 kc.

Harold Essex, commercial manager, has already pub¬
lished three full pages on Movin’ Day and the station’s
new affiliation with the Red Network. Three more are
scheduled. Then follows a series of small “scatter ads”
from March 27 to 31, inclusive. These deal exclusively
with Movin’ Day.

Broadcast promotion, because of the amount of prior

newspaper promotion, will be held under leash until
March 23. On the “Club 600”, afternoon show, how¬
ever, a 2-color log is being offered listeners.

The call letters and dial location of four columns of
stations are included in this log. On this program the
announcer gives information concerning Movin’ Day.

DUKE POWER COMPANY

According to E. C. Marshall, vice president, Duke
Power Company, reallocation information has been
printed on all post card statements going to consumers.
This company serves Charlotte, Greensboro, Winston-
Salem, as well as a large number of other North Caro¬
lina communities.

WASHINGTON RALLY

Washington D. C. stations, WJSV, WMAL, WOL and
WRC, servicemen and members of the Electric Institute
held their Radio Rally in the auditorium of the Potomac
Electric Power Company, March 12.

Speakers were Art Stringer and Lynne Smeby, of NAB,
E. K. Jett, ECC chief engineer, and A. D. Ring, assistant
chief engineer.

After outlining the national promotion and education
which will be placed behind Movin’ Day, Mr. Stringer
called upon representatives of the four stations to reveal
their individual plans. These speakers were John Din¬
widdle, WMAL-WRC, Charles Zurhorst, WOL, and John
Heiney, of WJSV.

CBS, MBS and NBC provided the program of live
talent. Mr. Jett asked the servicemen to tell their
customers to give the reallocation plan a reasonable time
to prove itself before registering complaints with the
Commission.

He said that foreign interference should disappear
from the broadcast band and “that is the main thing
we are endeavoring to adjust.”

BMI

(Continued from page 238)

his career as an officer in the Czech Army was broken
up by a long bout with blood poisoning caused by a
minor wound. Ultimately he recovered his full health
and, although he holds decorations from three govern¬
ments, many broadcasters will envy him most of all the
fact that he keeps his golf score dowm to 74.

The announcement of numbers by Dr. Benatzky to be
published by BMI will be made in the near future.

BOY OF THE MONTH

Ernest Gold, composer of eighteen BMI compositions
was chosen “boy of the month” by the magazine Youth

March 14, 1941 — 243

Today for their March issue, hlr. Gold’s compositions
include Practice Makes Perfect, Accident’ly on Purpose,
Come Down to Earth My Angel, Montevideo, Shining
Hour, and other numbers familiar to all BMI subscribers.
He is nineteen and is now studying theory with Otto
Cesana. He began the study of music at the age of four.

DEMAND FOR BMPS MUSIC

Twenty-seven thousand requests for particular BMI
numbers in ten weeks is the record reported by Nathan
P’rank, Manager of WCBT at Roanoke Rapids, North
Carolina.

TRICK HORSES LIKE BMI

The trick horses at the Forth Worth Spring Rodeo
recently did their stuff to the tune of BMI licensed
music. Harold Hough, WBAP-KGO, reports that they
experineced little difficulty in learning their new cues,
even though they were fetched up on ASCAP music.

Sales

URBAN SURVEY PUBLICATION

The publication “Urban Radio Listening in the United
States” will be put in the mails next week. This forty-
page booklet will present the results of quarterly surveys
conducted during the years 1938 and 1939. It is pub¬
lished on behalf of the broadcasting industry by the
National Association of Broadcasters in cooperation with
the Columbia Broadcasting System and the National
Broadcasting Company. The surveys were conducted
by Crossley, Inc.

The publication of this survey was a project of the
NAB Research Committee with membership as follows:
William J. Scripps, WWJ, Chairman; H. M. Beville, Jr.,
Research Manager, NBC; Arthur B. Church, President,
KMBC; James D. Shouse, Vice President, WLW-WS.\I;
Dr. Frank N. Stanton, Research Director, CBS; Theodore
C. Streibert, Vice President, MBS; Lee B. Wailes, Man¬
ager, Westinghouse Radio Stations, Inc.; J. W. Wood¬
ruff, Jr., President, WRBL; Paul F. Peter, NAB Director
of Research, ex officio.

Mr. Peter, in cooperation with Mr. H. M. Beville, Jr.,
and Dr. Frank Stanton, supervised the technical detail
and, in cooperation with Mr. E. P. H. James, NBC, and
Mr. Victor M. Ratner, CBS, supervised the publication.

“Urban Radio Listening in the United States” will
contribute materially to the knowledge of radio ownership
and listening habits of the urban [)opulation of the coun¬
try. It is a counterpart to the rural survey published
by the Joint Committee on Radio Research in 1938.

COST-PER-INQUIRY

On the cost-per-inquiry front, every day more and more
concerns are trying to get stations to accept contingent
deals and guarantee a fi.xed return. Some of these are:

Driver and Company, Omaha, Nebraska, on behalf of an un¬
known stationery company.

House of Dubonay, 6715 Hollywood Boulevard, Hollywood,
California.

Two Creek Ranch, Ovando, Montana.

Norman K. Furman, Inc., 117 West 46th Street, New York City,
on behalf of “Let’s Visit Lee Sims.’’

All four, in the opinion of the Bureau of Radio Adver¬
tising, are opposed to the best interests of radio stations,
and the Bureau has written them accordingly. At the
same time, it has invited each of the above-named com¬
panies to give serious consideration to a paid radio cam¬
paign, if they wish to obtain maximum results and
maintain the continued goodwill and cooperation of the
broadcasting industry.

AGENCY CONTRACT FORM

Results of the final questionnaire on the revision of the
agency contract form to be recommended by the NAB
were received too late for inclusion with this issue of the
Reports. The recommended form will be printed as a
supplement to next week’s issue.

SALES MANAGERS LAY PLANS

The Sales Managers Executive Committee held an all¬
day session at the Palmer House, Chicago, on Wednesday,
March 12. Frank Pellegrin, newly appointed Director
of the Department of Broadcast Advertising, and C. E.
Arney, Jr., Assistant to President Neville Miller, met with
the committee. Plans for the Commercial session at the
19th NAB Convention were discussed. As a result a most
interesting program is promised. Details will be an¬
nounced as soon as the necessary arrangements have been
perfected. Those present were:

E. Y. Flannigan, WSPD, Toledo, Ohio, Chairman;
Ellis Atteberry, KCKN, Kansas City, Kansas; Charles
Caley, WMBD, Peoria, Illinois; Eugene Carr, WGAR,
Cleveland, Ohio; and Craig Lawrence, KRNT, Des
Moines. Willard Egolf, KVOO, Tulsa, Oklahoma, was
prevented from attending by reason of a last minute
change in the date of the meeting.

NAB

AMENDMENT OF BY-LAWS

The attention of all NAB members is directed to the
provision of the By-Laws respecting proposed changes.
This reads as follows:

244 — March 14, 1941

“Article XIII — Amendments

“Section 1. These By-Laws may be amended, repealed, or altered,
in whole or in part, by a two-thirds vote at any annual meeting
of the Association provided the proposed change is submitted by
mail to the last recorded address of each member at least thirty davs
before the time of the meeting which is to consider the change.”

Should any members desire to submit proposed amend¬
ments for consideration of the membership, they should
be sent in immediately in order that the notice provided
may be given the membership of the Association.

DISTRICTS 3, 5, 7 MEET

District 3 broadcasters will meet April 7 at the Ben¬
jamin Franklin Hotel, Philadelphia.

District 5 will meet April 11 at Ponte Vedre Beach, Fla.

District 7 will meet at the Netherland-Plaza, Cincinnati,
on April 4.

Directors will be elected at all three meetings. Dis¬
cussion of music and other industry problems will make
these meetings of prime interest to all broadcasters.

CODE RULINGS

Rulings released by the Code Compliance Committee
this week are of general interest to members. A tem¬
perance group had inquired if beer advertising in and of
itself did not violate the Code, and several stations raised
the question whether talks by Norman Thomas, Socialist
candidate for President, would also violate the controver¬
sial public issues section if aired under sponsorship.

In brief, the principles involved are that the mere ad¬
vertisement of any individual product in a competitive
field could not amount to a violation of the Code, and that
whether a sponsored talk would contravene the public
controversial section depends on the content of the script
as interpreted by the individual licensee.

The Committee’s releases:

March 10, 1941.

Radio Station - .

If Thomas talks involve an editorial presentation of his views
or those of Socialist Party on currently controversial public issues
it would violate Code to sell time under whatever sponsorship.

Russell P. Place, Secretary,

NAB Code Compliance Committee.

March 11, 1941.

Mr. Herbert H. Parish, Executive Director
Minnesota Temperance Movement
204 Hodgson Building
Minneapolis, Minnesota

Dear Mr. Parish:

With reference to your letter of February 14 to Mr. Edgar Bill,
Chairman of the N.4B Code Compliance Committee, I am writing
to advise you of the results of a poll of that committee on the
question raised in your letter.

It is not the policy of the Committee to give opinions or rulings
to anybody other tlian broadcasting stations, and even then the
Committee acts only in an advisory or interpretive capacity to the
station licensees with whom final responsibility rests under the law.

However, the thinking of the Committee on the question of beer

advertising violating the Code as selling time for a controversial
public issue runs about as follows:

We firmly believe that our principles regarding the handling of
controversial questions are sound and should be maintained. In the
practical application of those principles we, for instance, sell time
to commercial sponsors solely for the advertising of the sponsors’
goods or services. Conversely, we do not sell time to commercial
sponsors, individuals, or special interest groups to be used to argue
controversial issues or promote viewpoints in connection with
arguable social ideas. Obviously, the material that would be used
by your group falls in this category. Your letter errs in inferring
that this type of subject matter is “barred from the air.” It is
merely a type of subject matter for v.'hich, if discussed, we refuse
to accept money. Instead it is handled, just as all other discussion
in similar fields, on time provided for such discussion and in the
light of the legitimate demands on our discussion time and the
public interest in the subjects proposed.

There is nothing in the Code one way or the other with regard
to the advertising of beer. This naturally is a matter for the deci¬
sion of the individual licensee and no violation of the Code would
be involved if he accepts beer advertising which does not use the
time to argue any controversial issues that might arise. In this
respect this seems to be similar to the principle by which stations
would gladly sell time to a common carrier for the promotion of
its services in connection with travel, whereas they should refuse
to sell time to the same carrier to be used to agitate for new rates,
different regulation, taxation, legislation or the like.

To sum up, it hardly seems possible that the advertisement of
any product could raise a controversial issue ; any controversy that
might arise would naturally deal with the laws permitting the sale
of the product and not the advertisement itself of an individual
product in a competitive field.

Cordially yours,

Russell P. Place, Secretary,

Code Compliance Committee.

INSURANCE COMMITTEE

In a release which has gone forward to NAB members,
Roger W. Clipp, WFIL has announced that the NAB
Insurance Committee has completed a tabulation of the
answers received to the Insurance Questionnaire that was
mailed the last of October. Included with the release
was a summary of the questionnaire results. It is thought
that the questionnaire tabulation may elicit further com¬
ment about insurance from broadcasters, and if so, they
are requested to send comments to Roger Clipp, WFIL,
Widner Building, Philadelphia.

The comprehensive questionnaire contained questions
about 52 different types of broadcast station insurance.
The percent of the stations carrying various types of in¬
surance ranged all the way from 94.2% for those carrying
workmen’s compensation down to 1.82% for those carry¬
ing check-room insurance. It was also interesting to note
that insurance risks of various kinds associated with fire
and loss due to the elements, ran high. Risks in connec¬
tion with using automobiles for business were covered to
a high percent also.

Other items such as insurance to cover loss of income
from interruption to broadcast service due to mechanical
failure, libel and slander, copyright infringement, war
and bombardment, parcel post and registered mail, house
musicians’ instruments and borrowed property insurances,
all ran to low percentages.

The final tabulation of the information received in
answer to the Insurance Questionnaire, contains the re-

March 14, 1941 — 245

quired data for carrying on the standardization work of
the Committee with the insurance companies.

.\s soon as comments from the membership on the
Insurance Questionnaire have had time to come in, an¬
other meeting of the Insurance Committee will be called.
Chairman Clipp anticipates that this will be about March
24. The other members of the Insurance Committee are:
Win. I. 2iIoore, WBNX; Charles A. Wall, NBC; C. R.
Dean, CBS; J. R. Poppele, WOR and MBS.

THANK-YOU NOTE

The National Tuberculosis Association wishes to con¬
vey, through N.A.B, its gratitude to the broadcasting in¬
dustry for support of its work during the past year.

LABOR BOARD ORDERS

The Labor Relations Board today announced certifi¬
cation of Associated Broadcast Technicians Unit, Inter¬
national Brotherhood of Electrical Workers (AFL), as
the sole bargaining agent of the transmitter operators
employed by WDEL, Incorporated, Wilmington, Dela¬
ware.

At the same lime the Board dismissed the petitions for
investigation and certification of representatives of em¬
ployees of WGAL, Incorporated, Lancaster, Pennsylvania,
and York Broadcasting Company, York, Pennsylvania,
filed by Associated Broadcast Technicians Unit, Inter¬
national Brotherhood of Electrical Workers, (AFL).

The Board’s actions were based on the results of secret
ballot elections conducted on October 14.

The Labor Relations Board this week announced a
decision reriuiring the Capital Broadcasting Company,
Inc., Montgomery, .Mabama, operating Station WCOV,
upon request, to bargain collectively with International
Brotherhood of Electrical Workers (.AFL) as the sole
bargaining agency for its radio engineers, and to offer
reinstatement with back pay to four employees.

Legislation

DELAWARE BLUE LAW CASE

Repeal of the Delaware Blue Law last Friday sets at
rest the right of the two Delaware stations, WDEL and
WTLAI, to broadcast on Sundays. That morning Judge
Isaacs had dismissed complaints against J. Gorman
Walsh, manager of both, and Harvey C. Smith, program
director of WDEL, on the grounds that radio was a neces¬
sity on Sundays as much as on other days. H. .Albert
Young, their attorney contended that radio was interstate
cummerce and the Blue Law an unreasonable exercise of

the police power of the state which interfered with inter¬
state commerce.

.Although the arrests were clearly only part of a cam¬
paign to repeal the Sunday Law by enforcing it, the
complaints were brought in the police court in Wilming¬
ton, from which, under the Delaware constitution there
is no appeal. Clair IMcCollough was determined to fight
the principle involved, and the defendants, if convicted,
were prepared to spend the night in jail rather than pay
the four dollar fine. The telephone wires buzzed between
Lancaster, Penna., Willmington, Washington and New
A"ork. N.AB counsel, Vv’ashington counsel and Mr. Young
laid their plans. The results — Messrs. Walsh and Smith
were released.

DANAHER AMENDMENT

.Amendment to the Lend-Lease bill introduced by
Senator Danaher of Connecticut for “no censorship” of
both radio and the press failed to pass with the bill and
there was no substitute for it. (N.AB Reports, p. 225.)

COMMITTEE FAVORS WAKEFIELD

The Senate Committee on Interstate Commerce on
Thursday favorably reported the nomination of Ray C.
Wakefield to succeed the late Col. Thad H. Brown as a
member of the FCC. Air. Wakefield was nominated by
the President last week for a 7-year term beginning
July 1941.

FEDERAL LEGISLATION

H. R. 3789 (McLean, R-N. J.) DAYLIGHT SAVING— To
save daylight and to provide standard time for the United States.
Referred to Committee on Interstate and Foreign Commerce.

STATE LEGISLATION

Texas:

H. 6S9 (Bruhl) (Same as S. 210) DENTISTRY — Amend Sec. 2
of Chap. SOI. page 1346, of the .Acts of the Regular Session of the
4Sth Legis., and making it unlawful for any dentist to obtain
business in connection with the practice of dentistry by employing
“cappers” or “steerers,”. etc. Referred to Committee on Public
Health.

Washington:

S. 220 (Roberts) SUBVERSIVE ACTIVITIES— An act to curb
Nazi, Fascist, Communist and other subversive activities and to
provide penalties for violations of this act, and declaring an emer¬
gency. Referred to Committee on Judiciary.

FEDERAL COMMUNICATIONS
COMMISSION

“MONOPOLY” REPORT

James Lawrence Fly, Chairman of the FCC, referring
to the “Alonopoly” Report on which the Commission
began conferences on Alunday, said that the report is

246 — March 14, 1941

not intended to be a revision of the original Committee
report, but is a new report for the Commission as a whole.
This, he told newsmen at a press conference early this
week, does not imply any reflection on the Committee
report as such but simply that the full Commission is pre¬
paring its own report. At the moment, of course, the
report is still in preliminary draft stage. There was no
indication early in the week how long it will take the
Commission to complete its work on the Monopoly Report.

Mr. Fly told the newspaper correspondents that last
week’s television trip to Philadelphia-New York was one
of the most constructive yet taken. The Commissioners
saw, he said, three demonstrations, all of which were
impressive. iMr. Fly feels, he stated, much encouraged
by the progress which he noted on the trip.

The Chairman said that he hoped the television hearing
which begin on INIarch 20 will take only a day or two.
He told the newsmen that he sees a definite trend toward
agreement in the industry on the engineering problems
of television.

FM SERVICE PROPOSED

High frequency (FM) broadcast service to approxi¬
mately half of North and South Carolina and smaller
portions of Virginia, West Virginia, Kentucky, Tennessee
and Georgia is proposed by Grodon Gray of Winston-
Salem, N. C., who was today granted a construction
permit by the FCC for this purpose.

Service to this 69,400 scjuare miles of area embracing
4,346,000 population is made possible by selection of an
antenna site on one of the highest points east of the Rocky
Mountains — atop Clingman’s Peak (6,600 feet), two miles
southwest of Mt. Mitchell and 19 miles northeast of Ashe¬
ville, N. C. Here the applicant contemplates erecting a
200-foot tower to be surmounted by a 75-foot antenna,
thereby giving the antenna an over-all height above sea
level of 6,875 feet. Mt. Mitchell, being state owned,
could not be used for the antenna location.

The applicant, who is president of the Piedmont Pub¬
lishing Company, which is licensee of standard broadcast
station WSJS at Winston-Salem, is authorized to use the
frequency 44,100 kilocycles for this FM station.

FM AUTHORIZATION

Pursuant to preliminary announcement of January 12,
the FCC has adopted rules to permit FiM programs to be
relayed from the main studio to the transmitter by means
of low-power transmitters employing highly directive
antenna.

The term “STL” designates this new “studio-trans¬
mitter link,” which is provided to meet the requests of
FiM broadcasters for such service. Under the rules as
adopted, this class of station is limited to licensees of high

frequency broadcast stations. Only one such station, in
a fixed location, will be licensed to a single FM broad¬
caster. Frequency modulation must be employed, and
experimentation tending to develop this type of relay
service is required.

Twenty-three frequencies above 330,000 are allocated
for “STL” experimental use.

FEDERAL COMMUNICATIONS
COMMISSION DOCKET

Following hearings are scheduled to be heard before the
Commission in broadcast and television cases during the
week beginning Monday, iMarch 17. They are subject to
change.

Wednesday, March 19

NEW — Butler Broadcasting Corporation, Hamilton, Ohio. — C. P.,
1420 kc., 250 watts, unlimited.

Thursday, March 20

Television

To Be Held in Room A, Interstate Commerce Commission
Building, 12th St. and Constitution Ave., Washington, D. C.

For the purpose of considering the various engineering standards
suggested for television broadcast stations, to determine when tele¬
vision broadcasting shall be placed upon a commercial basis, and to
afford all interested parties full opportunity to be heard on all
pertinent problems related to the standardization and commercial¬
ization of television broadcasting.

FUTURE HEARINGS

During the past week the Commission has announced
the following future hearings in broadcast cases. They
are subject to change.

April 21

Consolidated Hearing

WP.4Y — Chester A. Thompson (Transferor) and The Brush-Moore
Newspapers, Inc. (Transferee), Portsmouth, Ohio. — Trans¬
fer of control of corporation; 1370 kc., 100 watts, unlimited
time.

WPAY — Vee Bee Corporation, Portsmouth, Ohio. — Renewal of
license; 1370 kc., 100 watts, unlimited time.

May 1

WGST — Georgia School of Technology, .Atlanta, Ga. — Renewal of
license (main and auxiliary) ; 890 kc., 1 KW night, S KW
LS, unlimited.

May 19

W.^GA — Liberty Broadcasting Corporation, Atlanta, Ga. — C. P.,
590 kc., 1 KW night, S KW day, DA night, unlimited.
Present assignment: 1450 kc., SOO watts night, 1 KW day,
unlimited.

March 24

W.4RM — Union Broadcasting Company, Scranton, Pa, — License to
cover C. P., 1370 kc., 230 watts, unlimited.

April 10

NEW — Granite District Radio Broadcasting Co.. Murray. Utah. —
C. P.. 1500 kc. (1490 kc. when Havana Treaty is effective),
250 watts, unlimited.

March 14, 1941 — 247

Consolidated Hearing

VVCAM — City of Camden, Camden, N, J. — Renewal of license,
128(1 kc., 500 watts night, SOO watts LS, shares WTNJ and
WCAP.

WC.AP — Radio Industries Broadcast Co., Asbury Park, N. J. —
Renewal of license, 1280 kc., 500 watts night, 500 watts
LS, shares WTNJ and WCAM.

WTNJ — WO.^X, Inc., Trenton, N. J. — Renewal of license, 1280
kc., 500 watts night, SOO watts LS, shares WCAM and
WCAP.

WTNJ— WOAX, Inc., Trenton, N, J.— C. P., 1280 kc., 1 KW night,
1 KW day, unlimited, D.4 day and night.

NEW — Trent Broadcast Corporation, Trenton, N. J. — C. P., 1280
kc., 1 KW, unlimited, D.4 day and night.

April 16

WN.4X — South Dakota Broadcasting Corp. (Transferor) and
Iowa Broadcasting Co. (Transferee), Yankton, S. Dak. —
Transfer of control of Station WN.4X; 570 kc., 1 KW night,
5 KW day, unlimited.

Consolidated Hearing

KOWH — World Publishing Company, Omaha, Nebr. — C. P., 890
kc., 5 KW, unlimited, DA night.

KUSD — University of South Dakota, \^ermillion, S. Dak. — C. P.,
(ifiO kc., SOO watts day, daytime only.

KFNF — KFNF, Inc., Shenandoah, Iowa. — Renewal of license, 890
kc., 500 watts night, 1 KW day, SH-KUSD.

FEDERAL COMMUNICATIONS
COMMISSION ACTION

APPLICATIONS GRANTED

WLBZ — Maine Broadcasting Co., Inc., Bangor, Maine. — Granted
construction permit to increase power from SOO watts night,
1 KW day, to 5 KW ; install new equipment, and install
directional antenna for dav and night use, for operation after
March 29, 1941 (Bl-P-2868).

WSIX — WSIX, Inc., Nashville. Tenn. — Granted construction per¬
mit to install new transmitter, directional antenna for night
use; increase power from 250 watts, unlimited time, to 1
KW night, 5 KW LS; change frequency from 1210 kc. to
980 kc. under N.4RB.4; and move transmitter to Buena
Msta Pike and Moorman .4rm Road, Nashville, Tenn.; for
operation after March 29, 1941; granted upon condition to
compliance with certain engineering requirements (B3-P-
3053).

WHN — Marcus Loew Booking Agency, New York, N. Y. — Granted
construction permit to change frequency from 1010 kc. to
1050 kc. under N.4RB.4; increase power from 1 KW night,
5 KW day, to 50 KW ; install new transmitter equipment
and directional antenna for both day anrl night use; for
operation after March 29, 1941 (Bl-P-2899).

Midland Broadcasting Co., Kansas City, Mo. — Granted construc¬
tion permit for new FM developmental broadcast station,
subject to meeting such requirements, to operate on fre¬
quency 4()500 kc., 1500 watts, special emission for frequency
modulation (B4-PEX-35).

Thomas J. Watson, Endicott, N. Y. — Granted amended applica¬
tion for construction permit for new standard broadcast
station, subject to use of synchronous amplifiers to cover
Endicott and Binghamton, which will meet engineering
approval, to operate on 1429 kc., with 250 watts, unlimited
time, exact transmitter site to be determined with Commis¬
sion’s approval (Bl -P-1679).

KBIX — Oklahoma Press Publishing Co., Muskogee, Okla. — Granted
construction permit to install new transmitter and increase
power from 100 to 250 watts (change frequency to 1490 kc.
under NARBA) {B3-l‘-3112).

KSTP- KSTP, Inc., St, Paul, Minn.-- Granted modification of
license to modify the directional antenna for daxtime use
(B4-ML-1043).

248 — March 14, 1941

KFBC — Frontier Broadcasting Co., Cheyenne, Wyo. — Granted
modification of license to increase nighttime pow'cr from 100
to 250 watts and change frequency from 1420 kc. to 1210
kc., 250 watts day, unlimited time (BS-ML-IOSO) .

DESIGNATED FOR HEARING

Triple Cities Broadcasting Co., Inc., Binghamton, N. Y. — Desig¬
nated for hearing application for construction permit for
new station to operate on 1420 kc., 250 watts, unlimited
time (Bl-P-2990).

Utica Observer-Dispatch, Inc., LTica, N. Y. — Designated for hear¬
ing application for construction permit for new station to
operate on 1420 kc., 250 watts, unlimited time, exact trans¬
mitter site and type of antenna to be determined (Bl-P-
2702).

WQBC — Delta Broadcasting Co., Inc., Vicksburg, Miss. — Desig¬
nated for hearing application for modification of construc¬
tion permit (B3-P-3000) to increase hours of operation
from daytime to unlimited, using 500 watts at night; make
changes in equipment and extend commencement and com¬
pletion dates to 10 and 30 days after grant, respectively.
Requests facilities of WTJS, Jackson, Tenn. (station operates
on 1860 kc., 1 KW, daytime only) (B3-MP-1150) .

MISCELLANEOUS

KMLB — Liners Broadcasting Station, Inc., Monroe, La. — Passed
motion to consolidate hearing on application of KMLB for
construction permit to change frequency and increase power
with application of KNOE, Inc., for a new station in
Monroe.

WAG.4 — Liberty Broadcasting Corp., Atlanta, Ga. — Granted in
part motion to postpone hearing now scheduled for March 18
to May 19 on application for construction permit to change
frequency from 1450 kc. to 590 kc.; increase power from
500 watts night, 1 KW day, to 1 KW night, 5 KW day,
unlimited time, using DA for night,

WARM — Union Broadcasting Co., Scranton, Pa. — Granted in part
motion for continuance of hearing now set for March 10 to
March 24 in re application for license to cover construction
permit for 1870 kc., 250 watts, unlimited time.

KFRO — Voice of Longview, Longview, Tex. — Passed for one week
petition to intervene in the hearing on application of KGNO,
Dodge City, Kans,, for modification of license.

Granite District Radio Broadcasting Co., Murray, Utah. — Granted
motion for order to take depositions in re application for
new station to operate on 1500 kc., 250 watts, unlimited
time.

WL.4K — J. P. Marchant, D, J. Carey, Melvin Myer (Trans¬
ferors), and The Tribune Co. (Transferee), Lakeland, F'la. —
Granted joint motion to dismiss application of applicants to
transfer control of Lake Region Broadcasting Co., licensee
of Station WLAK, Lakeland, Fla.

WD.4S — WD.4S Broadcasting Station, Inc., Philadelnhia, Pa. —
Dismissed motion to continue hearing now scheduled for
March 10 on applications of WCAM, \VCAP and WTNJ for
renewal of licenses, and applications for construction permits
of Trent Broadcasting Corp. and WTNJ, as this hearing
was continued by the Commission on March 4, 1941.

WGST — Georgia School of Technology, Atlanta, Ga. — Granted
motion for continuance of hearing now scheduled for March
12 on application for renewal of license and directed con¬
tinuance to May 1, 1941.

Continued for one month the consolidated hearing now scheduled
for March 10 on applications for renewal of license for WCAM,
Camden, N. J., WCAP, Asbury Park, N. J., WTNJ, Trenton, N. J.,
and for construction permit of Trent Broadcasting Corp., Trenton,
N. J., for new station, and WTNJ, Trenton, N. J., for change in
operating assignment,

LTpon consideration of objections filed to Commission Orders of
February 4, 1941, the Commission determined that any applica¬
tion for renewal of license of WBOC, Salisbury, Md.. which may
be granted for the period beginning March 29, 1941, should specify
the frequency 1280 kc.

WMRO — Martin R. O’Brien, .Aurora, Ill. — Granted special tem¬
porary authority to operate with 100 watts power from
7:30 ]!. m. to 11 p. m., CST, on March 4, 5, 6, 7 and 8, 1941,
in order to broadcast Illinois State High School Elimination
Basketball Tournament games only.

\V8XFM — The Crosley Corp., Cincinnati, Ohio. — Granted special
temporary authority to operate a high frequency experi¬
mental broadcast station on 4330(1 kc., 1000 watts power,
special emission for frequency modulation, with the trans¬
mitter located at corner Vine and Fifth Streets, Cincinnati,
Ohio; Crosley, Type EDS-213-M, maximum rated carrier
power output 1000 watts, for the period March 3, 1941,
and ending in no event later than May 1, 1941,

KOB — Don Lee Broadcasting System, San Diego, Calif. — Granted
modification of construction permit (BS-P-2940) which
authorized changes in equipment, for extension of commence¬
ment and completion dates to April 10 and June 9, 1941,
respectively (BS-MP-1178) .

KBIZ — J. D. Flavey, Ottumwa, Iowa. — Granted modification of
construction permit (B4-P-2499, which authorized a new
station on 131(1 ko., 100 watts, unlimited time), for ap¬
proval of vertical antenna, transmitter and studio sites and
installation of new transmitter (B4-MP-1167).

WSPR — WSPR, Inc., Springfield, Mass. — Granted license to cover
construction permit (B1-P-2S09) which authorized change
of frequency to 1340 kc., hours of operation to unlimited,
and installation of DA for day and night use (Bl-L-1329).
Also granted authority to determine operating power by
direct measurement of antenna input (Bl-Z-667).

WTRY — Troy Broadcasting Co., Inc., Troy, N, Y. — Granted license
to cover construction permit (Bl-P-2910) for changes in
hours of operation from daytime to unlimited, using 1 KW
day and night, and installation of DA for day and night
use on 950 kc. (B1-L-133S). Also granted authority to
determine operating power by direct measurement of antenna
input (Bl-Z-687).

WKH — United Broadcasting Co., Cleveland, Ohio. — Granted license
to cover construction permit (B2-P-2670) for increase in
power from 1 KVV night, S KW day, to S KW day and night,
and installation of directional antenna for night use (Bz-L-
1330). Also granted authority to determine operating power
by direct measurement of antenna power (Bz-Z-670).

KFDY — South Dakota State College, Brookings, S. Dak. — Granted
authority to make changes in automatic frequency control
equipment (B4-F-177). Also granted authority to deter¬
mine operating power by direct measurement of antenna
input (B4-Z-682).

KPLC — Calcasieu Broadcasting Co., Lake Charles, La. — Granted
authority to determine operating power by direct measure¬
ment of antenna input {B3-Z-6S3).

WJBO — O. E. Richardson & F. L. Adair, Flammond, Ind. — Granted
authority to determine operating power by direct measure¬
ment of antenna input (B4-Z-686).

KELD — Radio Enterprises, Inc., El Dorado, Ark. — Granted au¬
thority to determine operating power by direct measure¬
ment of antenna input (B3-Z-684).

WDEF — Joe W. Engel, Chattanooga, Tenn. — Granted authority to
determine operating power by direct measurement of antenna
input (B3-Z-690).

KLMB — Liner’s Broadcasting Station, Inc., Monroe, La. — Granted
authority to determine operating power by direct measure¬
ment of antenna input (BS-Z-683).

WBAP — Carter Publications, Inc., Fort Worth, Tex. — Granted au¬
thority to determine operating power by direct measure¬
ment of antenna input on frequency 83(1 kc. under NARBA
(B3-Z-683).

WHLD — The Niagara Falls Gazette Publishing Co., Niagara Falls,
N. Y. — Granted authority to determine operating power by
direct measurement of antenna input on frequency 1390 kc.
under NARB.4 (Bl-Z-681).

KGFW — Central Nebraska Broadcasting Corp., Kearney, Nebr. —
Granted authority to determine operating power by direct
measurement of antenna injiut on frequency 1340 kc. under
NARBA (B4-Z-691).

WCAU — WCAU Broadcasting Co., Philadelphia, Pa. — Granted au¬
thority to determine operating power by direct measurement
of antenna power on frequency 1170 kc., and unrler N.ARB.A
1310 kc. (BZ-Z-68S).

W7SNY — Metropolitan Television, Inc., New York City. — Granted
modification of construction permit for new FM station,
for approval of transmitter, changes in antenna, and change
in population from 11,010,372 to 11,814,746 (Bl-MPH-7).

KGIIB — Hawaiian Broadcasting System, Ltd., Honolulu, T. H.- -
Granted construction permit to move formerly licensed RC.\
1-D 1 KW transmitter from Fronting on Kapiolani Blvd.

to Kapiolani Blvd, Honolulu, for use as an auxiliary
(B-P-3089).

KGHB — Echo Park Evangelistic Assn., Portable-Mobile, area of
Los Angeles. — Granted construction permit for new relay
broadcast station to be used with applicant’s standard
broadcast station KFSG ; frequencies 1(533, 3((58, 315(1,
379(1 kc., 40 watts (BS-PRY,23S) .

KOB — Albuquerque Broadcasting Co., Albuquerque, N. Mex. —
Granted modification of construction permit for increase
in power from 10 to 50 KW and changes in equipment, for
extension of completion date from March 8 to May 7, 1941
(BS-MP-1179).

W3XMC — McNary and Chambers, Washington, D. C. — Granted
special temporary authority to operate high frequency ex¬
perimental broadcast station on 43(1(1(1 kc., 100 watts power,
special emission for frequency modulation, with transmitter
located at 2701 14th St., Washington, D. C., for a period
ending not later than May 1, 1941.

’W’.IXMC — Northwest Airlines, Inc., Washington, D. C. — Granted
special temporary authority to operate aircraft station
KHDIW on 379(1' kc., on March 6, 1941, in order to conduct
tests, and from 10 p. m. to 11 p. m. PST, oo March 7, 1941,
in order to relay broadcast Seattle Blackout to Radio Station
KIRO.

WCNW — Arthur Faske, Brookl\'n, N. Y. — Granted special tem¬
porary authority to operate with power of 250 watts from
9 p. m. to 10 p. m. EST March 10, 17 and 24, 1941, in order
to broadcast Brooklyn Jewish Center Forum only.

WCOP — Massachusetts Broadcasting Co., Boston, Mass. — Granted
special temporary authority to operate from 6:15 p. m. to
6:30 p. m. EST on March 9, 16, 23, and 30, 1941, in order
to broadcast the American Legion Auxiliary program only.

APPLICATIONS FILED AT FCC

550 Kilocycles

NEW — Fort Smith Newspaper Publishing Co., Fort Smith, Ark. —
Construction permit for a new broadcast station to be
operated on 550 kc„ 1 KW, unlimited time, directional an¬
tenna for day and night use. Class HI.

580 Kilocycles

NEW — Martha M. Russell, d'b as Russell Plantation, Russelltown,
Tex. — Construction permit for a new broadcast station to
be operated on 580 kc., 1 KW, and unlimited hours. Class
HI-B.

610 Kilocycles

WIP — Pennsylvania Broadcasting Co., Philadelphia, Pa. — License
to cover construction permit (B2-P-2997) to use old RCA
transmitter as auxiliary.

WIP — Pennsylvania Broadcasting Co., Philadelphia, Pa, — .Author¬
ity to determine operating power by direct measurement
of antenna power.

680 Kilocycles

WLAW — Hildreth & Rogers Co., Lawrence, Mass. — Construction
permit to increase power from 5 to 50 KW, install new
transmitter, make changes in directional antenna for day
and night use, and change location of transmitter from
Andover to Burlington, Mass.

710 Kilocycles

NEW — Park Cities Broadcasting Corp., Dallas, Tex. — Construction
permit for a new standard broadcast station to be operated
on 94(1 kc., 500 watts, unlimited time. Class HI-B. Amended
re stock ownership and to request 710 kc., 5 KW, Class H,
new transmitter, installation of directional antenna for night
use, and to specify transmitter site.

780 Kilocycles

KFQD — .Anchorage Radio Club, Inc., .Anchorage, Alaska. — Transfer
of control of corporation from R. E. McDonald and Barbara
McDonald to Midnight Sun Broadcasting Co., 332 shares
of common stock.

March 14, 1941 — 24 9

900 Kilocycles

WKY— WKY Radiophone Co., Oklahoma City, Okla.— Construc¬
tion permit to install directional antenna for night use, and
requesting OllO kc. under N.4RBA.

WKY— WKY Radiophone Co., Oklahoma City, Okla.— .Authority
to determine operating power by direct method, on OIR) Uc.
under NARB,\.

1120 Kilocycles

KFSG— Echo Park Evangelistic Assn., Los Angeles, Calif.— Au¬
thority to determine operating power bv direct measurement
of antenna power, on 1150 kc. under NARB.A.

1140 Kilocycles

KYOO— Southwestern Sales Corp., Tulsa, Okla.— Construction
permit to install new transmitter and directional antenna
for night use, increase power from 25 to 50 KW, change
hours from simultaneous day, share WAPI night, to un¬
limited. Amended to request 1170 kc. under NARB.A and
make changes in antenna system.

1160 Kilocycles

WWVA — West Virginia Broadcasting Corp., Wheeling, W. Va. _

Construction permit to install new transmitter, directional
antenna for day and night use; change frequency from 1160
kc. to 1140 kc. ; increase power from 5 to SO KW ; change
hours from simultaneous day, share WOWO night, to un¬
limited; and move transmitter from Liberty, W. Va., to St.
Clairsville, Ohio. Amended to request 1170 kc. under
NARB.A, and antenna changes.

1200 Kilocycles

WITH— The Maryland Broadcasting Co., Baltimore, Md. — Licen.se
to cover construction permit (Bl-P-2792) as modified, for
a new standard broadcast station and to change location
of studio.

WITH — The Maryland Broadcasting Co., Baltimore, Md. — .Au¬
thority to determine operating power by direct method.

1230 Kilocycles

NEW Roy St. Lewis, Norfolk, V^a. — Construction permit for a
new broadcast station to be operated on 1200 kc. (1280 kc.
N.ARBA), 250 watts, unlimited time. Amended: transmitter
and studio sites to be determined, Norfolk, A'a.

WMER— Radio Station WMER, Inc., High Point, N. C. — Author¬
ity to determine operating power by direct measurement
of antenna power.

WFBM — WFBM, Inc., Indianapolis, Ind. — Relinquishment of
control of licensee corporation by H. M. Bitner, of 1012^4
shares common.

1250 Kilocycles

WNEW — WODAAM Corp., New York, N. Y. — Modification of
construction permit (Bl-P-2687) for authority to install
directional antenna for day and night use and increase power
from 1 KW night, 5 KW day, to 5 KW dav and night, re¬
questing 128(1 kc. under NARB.A and extension of com¬
pletion date from 6-1-41 to 180 days after grant, and make
changes in directional antenna.

WKST — WKST, Inc., New Castle, Pa. — Modification of construc¬
tion permit (B2-P-2809) to install directional antenna for
night use, change hours from daytime to unlimited using
1 KW power day and night; requesting changes in direc¬
tional antenna system and requesting 1280 kc. under
NARBA.

1280 Kilocycles

W'lJOH — WDtlD Broadcasting Corp., Chattanooga, Tenn. — .Au¬
thority to install automatic frequency control equipment,
on 1810 kc. under N.ARB.A.

1310 Kilocycles

KRJF— Star Printing Co., Miles City, Mont .-Transfer of control
(d’ corporation from Sarah M. Scanlan, executrix of the
estate of Joseph IJ. Scanlan, deceased, to Sarah M. Scanlan
(403 shares).

250 — March 14, 1941

1340 Kilocycles

KUTH — Telegraph Herald, Dubuque, Iowa. — Modification of con¬
struction permit (B4-P-960) as modified, which authorized
a new station, requesting changes in directional antenna,
extension of commencement and completion dates from
3-7-41 and 9-7-41 to one day after date of grant and 180
days thereafter, resirectively, and 1870 kc. under N.ARBA.

1370 Kilocycles

KEVR — KVL, Inc., Seattle, Wash. — Construction permit to change
frequency from 1870 kc. to 1420 kc., make changes in
equipment, and increase power from 100 watts to 250 watts
day, 100 watts night, and change hours of operation from
share — KRKO to unlimited time. .Amended to request 10!)0
kc. under NARB.A, 250 watts day and night, changes in
equipment, install new antenna, change name to Evergreen
Broadcasting Corp., move studio and transmitter.

KRKO — Everett Broadcasting Co., Inc., Everett, Wash. — Modifi¬
cation of construction permit (B5-P-2027) for new trans¬
mitter, antenna, increase in i)ower, and move of transmitter,
requesting changes in antenna and extension of commence¬
ment date to 30 days after grant and completion date to
90 days thereafter. Amended to request 14(10 kc. under
NARBA.

WD.AS — WD.AS Broadcasting Station, Inc., Philadelphia, Pa. —
Construction permit to install new transmitter, directional
antenna for dav and night use, change frequency from
1870 kc. to 1260 kc. under N.ARB.A, increase power from
250 watts to 1 KW night, 5 KW day, and move transmitter.

KTOK — Oklahoma Broadcasting Co., Inc., Oklahoma City, Okla. —
Authoritv to install automatic frequency control equipment
on 1400 kc. under NARBA.

KVRS — Wyoming Broadcasting Co., Rock Springs, Wyo. — Au¬
thority to determine operating power by direct measurement
of antenna power on 1400 kc. under N.ARB.A.

WSJS — Piedmont Publishing Co., Winston-Salem, N. C. — Author¬
ity to determine operating power by direct measurement of
antenna power on 600 Icc. under N.ARB.A.

WFTL — Tom M. Bryan, Fort Lauderdale, Fla. — A'oluntary assign¬
ment of license from Tom M. Bryan to Ralph A. Horton.

NEW — Dorman Schaeffer, Klamath Falls, Ore. — Construction per¬
mit for a new broadcast station to be operated on 1870 kc.,
250 watts, unlimited hours, Class I\^. Amended to sjjecify
transmitter site and make antenna changes.

1380 Kilocycles

KERN — McClatchy Broadcasting Co., Bakersfield, Calif. — Author¬
ity to determine operating power by direct measurement of
antenna power on 1410 kc. under N.ARB.A.

1400 Kilocycles

WBBC — Brooklyn Broadcasting Cor|3., Brooklyn, N. Y. — License
to use ward’s transmitter at 583 Meserole St., Brooklyn,
N. Y.

WVFW — Paramount Broadcasting Corp., Brooklyn, N. Y. — License
to use W.ARD’s transmitter at 583 Meserole St., Brooklyn,
N. Y.

1420 Kilocycles

KNET — John C. Welch, Wm, M. Keller, and Bonner Frizzell, d/b
as The Palestine Broadcasting .Assn., Palestine, Tex. — .Au¬
thority to install automatic frequency control equipment, on
145(1 kc. under N.ARB.A.

WHEN — Blanfox Radio Co., Inc., Harlan, Ky. — Modification of
construction permit (B2-P-2885) which authorized con¬
struction of a new' broadcast station for approval of trans¬
mitter site and antenna.

KS.AN — Golden Gate Broadcasting Corp., San Francisco, Calif. —
Construction permit to change frequency from 142(1 kc. to
148(1 kc. (146(1 kc. under N.ARB.A), increase power from
250 watts to 1 KW, install new transmitter, and changes in
antenna.

1450 Kilocycles

WG.AR — The WG.AR Broadcasting Co., Cleveland, Ohio. — Con¬
struction permit to make changes in equipment, changes in
directional antenna (for use night and dav), change fre¬
quency and power from 145(1 kc., 1 KW night, 5 KW day,
to 780 kc., 10 KW day and night, and move transmitter froin

Cuyahoga Hts. to Dover, Ohio. Amended to request 1230
kc. under NARBA, SO KW, changes in equipment and direc¬
tional antenna, and move transmitter to Strongsville Village,
Ohio.

1480 Kilocycles

WHIP — Hammond-Calumet Broadcasting Corp., Hammond, Ind. —
Authority to install automatic frequency control equipment
on 1520 Ur. under NARBA.

1500 Kilocycles

KAWM — A. W. Mills, Gallup, N. Me.x. — Construction permit to
install new transmitter and make changes in antenna.

KBIX — Oklahoma Press Publishing Co., Muskogee, Okla. — Con¬
struction permit to install new transmitter, increase power
from 100 watts to 250 watts, and request 1400 kr. under
NARBA.

WWRL — Long Island Broadcasting Corp., Woodside (L. I.), N. Y.
— Construction permit to install new transmitter, new an¬
tenna system, change in frequency from 1500 kc. to 1600 kc.
under NARBA, increase power from 250 watts to 5 KW',
move transmitter from Woodside (L. I.) to New York, N. Y.

1530 Kilocycles

W.\KR — Summit Radio Corp., Akron, Ohio. — Construction permit
to increase power from 1 to 5 KW, using directional antenna
day and night, install new transmitter, and changes in direc¬
tional antenna. Amended to request 1550 kc. under
NARBA and to make changes in directional antenna to be
used night only.

1550 Kilocycles

KPMC — Pioneer Mercantile Co., Bakersfield, Calif. — Construction
permit to change frequency from 1550 kc. to 1560 kc.
(Class I-B), increase power from 1 to 10 KW, install new'
transmitter and new antenna, and change location of trans¬
mitter.

FM APPLICATIONS

K45LA — Don Lee Broadcasting System, Los Angeles, Calif. —
Modification of construction permit (B5-PH-26) to change
coverage from 7,000 to 7,585 square miles, population from
2,604,104 to 2,612,000, make changes in antenna and move
studio.

NEW — United Broadcasting Co., Cleveland, Ohio. — Construction
permit for a new high frequency broadcast station to be
operated on 48500 kc., coverage 8,420 square miles, popu¬
lation 1,314,595.

MISCELLANEOUS APPLICATIONS

NEW — Muzak Corp., New York, N. Y. — Construction permit for
a new developmental broadcast station to be operated on
117000 kc. or some channel not now allocated for some
purpose, 1000 watts and special emission for frequency
modulation. Amended re corporate structure.

Under its stipulation, the respondent corporation agrees to cease
using the words “.4sphalt Grave Vault” or other words of similar
meaning to describe its vaults when they are composed in whole
or in part of, or contain ingredients other than, asphalt, and to
desist from employing the phrase “Asphalt Concrete Grave Vault”
or words of similar import to designate its vaults when in fact
the binding agent for the aggregates in such vaults consists of
Portland cement, or w'hen such binding agent does not consist
of asphalt. The respondent further stipulates that it will cease
using the word “asphalt” or simitar words in any manner to
mislead buyers into believing that the binding agent of the vaults
consists of asphalt or that such vaults are made of a mastic
composed of asphalt and aggregates.

Further representations which the respondent agrees to discon¬
tinue are statements tending to convey the impression that its
vaults are indestructible or will afford everlasting protection. The
respondent also stipulates that it will cease representing that, at
the time of interment, its vaults are waterproof or airtight or that
they will remain impervious to water, moisture or dampness,
unless such are the facts. (3044)

Consolidated Koyat Clieinieal Coipoeation, 544 South Wells
St., and Benson & Dali, Inc., an advertising agency, 327 South
LaSalle St., both of Chicago, entered into stipulations in which
they agree to cease disseminating advertisements which contain
certain representations concerning “Zymole Trokeys,” a medicated
lozenge sold by the Consolidated corporation.

Each respondent agrees to cease advertising that “Zymole
Trokeys” will go twice as far as cough syrup at half the cost;
that it constitutes a new way to relief, and that the syrupy
solution obtained by melting this product in water will be beneficial
to children suffering from croup. (02742-02749)

Burke Edwards, 4733 Bethesda Ave., Bethesda, Md., has en¬
tered into a stipulation in which he agrees to cease representing
that “Berkeley Springs Mineral Water” is beneficial in the treat¬
ment of, or is indicated as a treatment for, arthritis, diabetes, skin
diseases or rheumatism, or constitutes a competent remedy for
any of such maladies, diseases or ailments. (3046)

l)u|)laii Silk Corporution, 498 Seventh ,\ve.. New York, en¬
tered into a stipulation in which it agrees that in the sale of a
fabric made from or containing rayon, it will cease using the
names “Toujours,” “Toot Sw’eet” or “Evergrand” or other names,
fanciful or otherwise, in referring to such fabric, without disclosure
of the fact that such product is made of or contains rayon, as
the case may be. Such disclosure, according to the stipulation,
is to be made clearly and unequivocally in all printed matter and
sales representations. The respondent corporation further stipulates
that it will desist from employing the term “Reg. U. S. Pat. Off.”
or any other term of similar meaning in connection with a pur¬
ported trade name or mark which has not been registered as
such in the Llnited States Patent Office. (3047)

FEDERAL TRADE
COMMISSION ACTION

No complaints were issued by the Commission during
the past week.

STIPULATIONS

Following stipulations have been entered into during
the past week by the Commission.

Asphalt Grave Vault ('(»., Frederick Ave. at Willard St.,
Baltimore, has entered into a stipulation to cease certain repre¬
sentations in the sale of burial vaults.

Hamilton Koss Factories, Iiic., 666 Lake Shore Drive, Chicago,
stipulated it will cease certain representations in the sale of blankets.

The respondent agrees to desist from quoting fictitious and
excessive prices as the customary or regular prices or values of
blankets or other merchandise; to cease employing the words
“Silky Rayon” or similar words to describe its blanket binding
or other fabrics or merchandise made of cotton, and to discontinue
the use of the words “Wooly” or wool or other similar w'ords to
designate blankets or other products which are composed of or
contain fibers other than W’ool.

According to the stipulation, none of its provisions shall be
construed as authorizing the labeling of any wool product in any
manner other than in strict conformity with the provisions of
the Wool Products Labeling Act of 1939, after its effective date,
July 14, 1941. (3043)

^IcDonuld’s llatfliery — Raymond McDonald and Roy Mc¬
Donald, trading as McDonald’s Hatchery, 2830 Evans Ave., Fort
Worth, Texas, have entered into a stipulation in which they agree
to cease advertising that the flocks of baby chicks which they sell
are inspected by the United States Department of Agriculture, and

March 14, 1941 — 251

are inspected or mated by a disinterested judge of the American
Poultry Association.

The stipulation recites that the United States Department of
Agriculture has not actually inspected the respondents’ flocks of
chicks although such inspections have been made by an official
Stale agency recognized by the Department of Agriculture as coop¬
erating with the National Poultry Plan. According to the stipula¬
tion, the A.P.A. judge who mates the flocks is Roy McDonald, of
the respondent copartnership, and therefore not a disinterested
party. (02750)

FeDiiudla Ativerfising ('ompiiiiy — Perdinand Pettinella, who
conducts an advertising agency under the name Pettinella Advertis¬
ing Co., IS Sheridan Square, New York, has entered into a stipula¬
tion to cease certain representations in the advertisement of the
medicinal preparations “Fernet Vittone” and “Acqua Fiuggi” on
behalf of E. Fucini & Co., Inc., New York. The respondent
Pettinella agrees to desist from disseminating advertisements which
represent that Fernet \'ittone is a tonic, unless expressly limited
to its effect as a gastric tonic; that everyone requires a tonic,
stomachic and digestive; that Fernet Vittone is a competent
treatment for intestinal disturbances or has any effects beyond
those of a laxative, stomachic and gastric tonic, and that Acqua
Fiuggi is an effective remedy for gallstones, kidney troubles, gout,
calculus of the bladder, defective blood circulation or excessive
uric acid. (02748)

Tliyino Uoriiie Lalroratory, 810 Plankinton Ave., Milwaukee,
has entered into a stipulation in which it agrees to cease advertising
that “Thymo Borine,” sold for use as a mouth wash, deodorant
and antiseptic, purifies the breath, mitigates inflammation of the
mouth resulting from artificial teeth, and stops perspiration odors
or foot odors; that the preparation is a competent treatment for
itching scalp or itching skin due to skin bites, poisons or hives;
that it is effective in treating athlete’s foot, and that it is an
effective germicide when used as gargle. (02747)

CEASE AND DESIST ORDERS

'I'he Commission has issued the following cease and
desist orders:

Coal Carburetor Co., New Brunswick, N. J., and Thornton W.
Price, its president, has been ordered to cease and desist from
misleading representations in the sale of “Coal Carburetor,” a
device designed for facilitating the combustion of coal and gases
in furnaces.

The Commission order directs the respondent to cease repre¬
senting that its Coal Carburetor equipment has been endorsed
or recommended by the FTnited States Government or any of its
branches, or that its use has been advocated by the United States
Bureau of Mines, or that it has been recommended by any public
health authority or other recognized group organized for the
preservation of health.

The respondent also is directed to cease advertising that its
equipment is the most efficient means known for producing heat
from coal or that such efficiency has been established by com¬
parative tests with other equipment and devices designed for the
same general purpose, unless the truth of such representation shall
have been actually established by such tests. (4070)

(ieiieral Motors ('orporation, Detroit, and its sales subsidiary.
General Motors Sales Corporation, have been ordered to cease
anrl desist from misleading representations of prices in the sale
of automol)iies.

Commission findings are that inices featured by the respondent
corporations, and five dissolved General Motors subsidiaries, in
various advertisements irublished between 1934 and 1939 were
not in fact the prices of the various cars illustrated or described.

The findings relate the following instances, among others, as
being t>'|)ical of the respondents’ advertising practices dining the
period from 19,14 to 19,19:

.An adi'ertisement illustrated a completely equipped 1936 Olds-
mobile car and cons|jicuously displayed a price of $675 unqualified

252 — March 14, 1941

by any other language on the face of the advertisement. The public
was charged $901.50 for this car at the place of manufacture, the
price having been built up as follows: List price of car illustrated,
$820; standard accessories, $37.50; factory handling charge, $3;
Federal taxes, $22.25; delivery and handling charge (including
advertising), $17.25; and transportation, $1.50.

.Another advertisement illustrated a Chevrolet Standard Sedan
with a price of $465 in large type and nearby in small, inconspic¬
uous type the words “and up” followed in yet smaller lettering with
the statements: “List price of new Standard Roadster at Flint,
Michigan, $465.00. With bumpers, spare tire and tire lock the
list price is $20.00 additional.” However, the car illustrated
actually cost purchasers at Flint $605.40 and the roadster described
in the fine print would have cost $518.50 instead of $465, which
was its “list price” at Flint without delivery, handling, conditioning,
spare tire and other items.

A widely published advertisement of an Oldsmobile appearing
in 1939 featured the price of $777 in large figures adjacent to the
illustration accompanied by the words “and up” in smaller letter¬
ing. By means of an asterisk, this price was connected with
another fine print legend which advised that this was the “Deliv¬
ered Price at Lansing, Michigan.” However, the car illustrated
was not sold at Lansing for $777 but for $889, the actual selling
price having been shown in very fine print inconspicuously placed
below the rear wheel of the car pictured.

Commission findings are that the respondents’ advertisements
have led the public erroneously to believe that the cars illustrated
or described can be purchased at the point of manufacture for the
price featured in the advertisement and at points distant for the
featured price plus transportation charges.

DETAILS OF THE CEASE AND DESIST ORDER

The Commission order directs the General Motors Corporation
and General Motors Sales Corporation to cease and desist from
representing as the price of any automobile in any advertisement
promoting retail sales, any price other than the true retail price at
the place designated for sale of the car. According to the order,
such retail price is to include all charges for any equipment or
accessories illustrated or described in the advertisement or necessary
for the operation of the car, or customarily included as standard
equipment. This price, according to the order, is also to include
charges for advertising, delivery, handling, or similar items, except
transportation charges where the advertised car is transported from
the point where advertised for sale to another or different point
for delivery to a retail purchaser.

The order further directs the respondents to cease using a
designated price in any advertisement illustrating an automobile
offered for sale at retail, unless the true retail price of the illustrated
car is set out in juxtaposition thereto in words and figures equal
in size and conspicuousness to the terms designating the price of
any other automobile referred to in the advertisement.

The order further prohibits the respondents from advertising
automobiles for sale at a designated retail price, unless such price
includes all federal. State and local taxes, or unless the advertise¬
ment clearly and legibly states, immediately adjacent to the price
quoted, that the price is subject to additional charges for such
taxes; and directs the respondents to cease advertising or repre¬
senting an automobile as being for sale at retail at a designated
price unless such car is in fact made available and sold to the public,
at the point specified, for the price stated, or at a point distant
therefrom for the price stated plus transportation charges thereto.

(3173)

Husco iMaiuifacturiiig Company — Ivan D. Hussey, trading
under the name IIusco Manufacturing Co., and under other names,
85 Broad St., S. W., Atlanta, has been ordered to cease and desist
from using lottery methods in the sale of hosiery, knives, fountain
pens and other merchandise. The respondent is also in business
under the names The Hussey Manufacturing and Distributing Co.,
The Hussey Distributing Co., Hussey Co., Hussey Manufacturing
Co., and Terry Products Co.

The Commission order directs the respondent to cease and desist
from selling and distributing such products so packed and assembled
that .sales may be made by means of a lottery; from supplying
others with push or pull cards, ]runeh boards or other lottery de¬
vices, either with assortments of merchandise or separately, which
devices may be used in selling or distributing such merchandise

to the public, and from selling or otherwise disposing of any mer¬
chandise by means of a game of chance, gift enterprise, or lottery
scheme.

The Commission order further directs the respondent to dis¬
continue using the words “manufacturer” or “manufacturing” as
part of any trade name used by him unless and until he shall operate
a factory in which such merchandise is wholly manufactured. (4386)

Kablior Corporation, 14S0 Broadway, New York, has been
ordered to cease and desist from misrepresentations in the sale of
men’s robes, jackets, lounge suits and other wearing apparel.

Commission findings are that the respondent, in advertising
literature and other printed matter, has represented that its
garments are made entirely of silk, when in fact they have con¬
sisted of various combinations and mixtures of cotton, rayon, silk
and fibers other than silk, a portion of them having been manu¬
factured from a material composed of 70 per cent cotton and 30
per cent silk.

The Commission order directs the respondent to cease using the
word “silk” or other words descriptive of silk to designate any
fabric or product not composed wholly of silk; provided, that
such terms may be used as descriptive of the silk content of
fabrics or products composed in part of silk and in part of other
fibers if, in immediate connection, there is also employed con¬
spicuous lettering truthfully designating each constituent fiber or
material.

The order further directs the respondent to cease employing the
unqualified term “satin” or other similar term indicative of silk
to describe any fabric or product not composed entirely of silk; pro¬
vided that when such term is used truthfully to designate the
type of weave, construction, or finish, it shall be qualified by em¬
ploying in immediate connection therewith other words of equal
conspicuousness accurately naming the fibers or materials from
which such products are made.

The respondent also is ordered to cease advertising, offering
for sale or selling fabrics, garments, or other products composed
in whole or in part of rayon without clearly disclosing, by use of the
word “rayon”, the fact that such fabrics or products are com¬
posed of rayon. According to the order, when such fabrics or
products are composed in part of rayon and in part of other
fabrics or materials, such fabrics or materials shall be designated in
immediate conjunction with the word “rayon” in letters of at least

equal conspicuousness which shall truthfully describe each con¬
stituent fiber or material. (3619)

Sfhutter Candy Co., 1013 North Cicero Ave., Chicago, has
been ordered to cease and desist from selling or otherwise disposing
of any merchandise by means of a game of chance, gift enterprise
or lottery scheme.

The order directs the respondent to desist from selling or dis¬
tributing any merchandise so packed and assembled that sales to the
public may be made by means of a lottery; from supplying others
with lottery devices which may be used in selling or distributing
the respondent’s merchandise to the public by means of a game
of chance, and from supplying others with packages or assortments
of candy which may be used to conduct a lottery or gift enter¬
prise in the sale to the public of the candy contained in such
packages or assortments.

The respondent is further ordered to cease supplying to others
for sale to the public assortments of candy, whether contained in
one or more than one package, composed of different colored pieces
of candy of uniform size and shape individually wrapped in
opaque wrappers, and larger pieces of candy or other merchandise,
which larger pieces or other merchandise may be given as prizes
to the purchasers procuring pieces of candy of a particular
color. (3636)

FTC CASE CLOSED

The Federal Trade Commission closed its case against Nu-Age
Co., formerly of 309 Castle Building, Tulsa, Okla., without prejudice
to its right to resume proceedings, should the facts so warrant. The
respondent corporation had been charged with violation of the
Federal Trade Commission Act in the sale of a medicinal prepara¬
tion, “Nu-Age,” also described as “Natural Mineral Extract.”

According to information received by the Commission, the
respondent corporation had discontinued the sale of its “Nu-Age”
preparation and its license to engage in business had been cancelled
by the State of Oklahoma.

The Commission also has dismissed without prejudice a complaint
charging Interstate Ribbon and Carbon Corporation, 2202-2210
Superior Ave., East Cleveland, Ohio, with the dissemination of mis¬
representations in the sale of typewriter ribbons and carbon paper.

March 14, 1941 — 2 5 3

1626 K STREET, N. W.

WASHINGTON, D. C.

Vol. 9, No. 12, March 21, 1941

THE WEEK IN WASHINGTON

The broadcasters’ conference committee met four hours
with an ASCAP committee in New York on Thursday,
and ASCAP agreed to attempt to work up proposals to
submit to the broadcasters’ committee (p. 255).

One Week Till Movin’ Day (p. 257).

The FCC this week ordered a hearing to determine
“whether or not joint control of new'spapers and radio
broadcasting stations tends to result in an impairment of
radio service under the standard of ‘public interest, con¬
venience and necessity’ ” (p. 255).

The NAB Board approved the committee revision of
the agency contract form, a copy of which is included in
this issue (p. 256).

Plans for the NAB’s annual convention in St. Louis,
May 12, are going forward (p. 260).

Requests for BMI tunes are running far ahead of those
for ASCAP tunes, a survey shows (p. 260).

District 11 broadcasters re-elected Earl H. Gammons,
WCCO, as Director (p. 265).

A new libel law for broadcasting in Oregon was ap¬
proved March 14 (p. 265).

Ray C. Wakefield was confirmed as a new member of
the FCC. The Commission amended its FiM rules. The
FCC warns stations against private negotiations wdth sta¬
tions in neighboring countries in an effort to solve re¬
allocation problems. Chairman James Lav\Tence Fly said
that the Commission was still meeting on the “monopoly
report” (p. 266).

The latest unit volume report is included with this
issue (p. 290).

Broadcasters, ASCAP Meet

A conference committee appointed by the NAB Board
of Directors met with an ASCAP committee on Thursday,
IMarch 20, for a general discussion of all points in the
current controversy.

The meeting, held in a New York hotel, was suggested
by the broadcasters after a meeting of their committee

Wednesday afternoon. The joint meeting lasted nearly
four hours.

The broadcasters pointed out to the ASCAP committee
that the best way to make progress was for ASCAP to
submit proposals for the broadcasters’ committee to study
and pass out to the industry with its advice.

The ASCAP committee agreed to consider the matter
and to attempt to work up proposals. There was no
understanding as to how long it would take ASCAP to do
this, and no date was fixed for the next joint meeting.
When the proposals are received, the broadcasters’ com¬
mittee will meet to consider them. The industry will be
kept advised of all developments.

The conference committee appointed by the NAB
Board to meet with ASCAP was made up of the following:

Neville Miller, chairman

John Shepard, 3rd, Yankee Network

Walter Damm, WTMJ

Mark Ethridge, WHAS

Harold Hough, WBAP

John Elmer, WCBM

Sam Rosenbaum, WFIL

Edwin W. Craig, WSM

Paul Morency, WTIC

Theodore Streibert, MBS

William West, WTMV

Niles Trammell, NBC

John J. Gillin, Jr,, WOW

Edward Klauber, CBS

Herbert Hollister, KANS

The NAB Board voted to extend the current associate
membership campaign to April 12, Several amendments
to the NAB By-Laws were considered. These will be
discussed in a future edition of the NAB Reports,

The Board instructed the staff to draw up a strong
resolution endorsing Daylight Saving on a nationwide
basis in the interest of national defense.

Membership, convention plans and a public relations
campaign also were discussed by the Board.

Newspaper Ownership Questioned

The FCC this week ordered a hearing to determine
“whether or not joint control of newspapers and radio
broadcasting stations tends to result in an impairment of

(Continued on page 256)

March 21, 1941 — 255

*1

1626KSt„N,W. W

WASHINGTON

Phone NAtionel 2080

Neville Miller, President C. E. Arney, Jr.,

Assistant to President

Edward M. Kirby, Director ol Public Relations; Joseph L. Miller,
Director of Labor Relations; Paul F. Peter, Director of Research;
Russell P. Place, Counsel; Lynne C. Smeby, Director of Engineering

NEWSPAPER OWNERSHIP QUESTIONED
(Continued from page 255)

radio service under the standard of ‘public interest, con¬
venience and necessity.’ ”

Through the hearing, the Commission said, it would
“seek to obtain full and complete information for its
guidance in passing upon applications for high frequency
broadcast stations (FM) and for future acquisition of
standard broadcast stations by newspapers.”

The text of the Commission’s statement:

In view of the increasing number of applications by newspapers
to operate radio stations in the new high frequency (FM) broad¬
cast service, the Federal Communications Commission today
ordered public hearings and an investigation to determine what
policy or rules, if any, should be promulgated in this connection.

Through such hearings and investigation, the Commission will
seek to obtain full and com|)lete information for its guidance in
passing upon applications for high frequency broadcast stations
(FM) and for future acquisition of standard broadcast stations
by newspapers. Hearings will be conducted with the objective
of determining whether or not joint control of newspapers and
radio broadcasting stations tends to result in an impairment of
radio service under the standard of “public interest, convenience
and necessity.” The hearings to be held on this issue will be of a
broad, public character open to all applicants, prospective appli¬
cants, grantees, existing licensees, representatives of trade groups af¬
fected, and such other witnesses as the Commission may wish to call.

The question of newspaper ownership of radio stations has long
been debated before the Commission and elsewhere and has been
an issue in a nmber of specific cases presented to the Commis¬
sion. The Commission has in the past denied licenses to news¬
papers where there was a well qualified applicant asking for the
same facilities. In one case, for example — at Port Huron, Michi¬
gan — the Commission favored a non-newspaper applicant for a
radio station because it would afford the community “a medium
for the dissemination of news and information to the public
which will be independent of and afford a degree of competition
to other such media in the area.”

In undertaking public hearings, the Commission does not imply
that it is opiiosed to newspaper ownership of radio stations in
general or in any particular situation. The purpose of the hear¬
ings and the investigation is to obtain for the Commission sufficient
information so that it will have a rational basis for the determina¬
tion of future cases. At this time, when the FM field is just
beginning to open u|r, the opportunity is presented for an evalua¬
tion of policy without impairment to existing investments.

Commission records indicate that approximately one-fourth of
all commercial FM applications are filed in behalf of newspaper
intc'iests. Of 94 ap|)lications received up to the present month,
27 were from concerns or persons in the newspa[)cr business.

In the older field of standard broadcast, more than one-third
of the existing stations are now identified with newspapers to a
greater or lesser extent. At least 100 standard broadcast stations
are owned by publishers with more than one newspaper and more
than one radio station connection. In more than 90 localities the
only radio outlet is in the hands of the only local newspaper.

Commissioners Case and Craven dissented.

The text of FCC Order No. 79:

Whereas, under the provisions of the Communications Act of
1934, as amended, the Federal Communications Commission is em¬
powered and directed to grant licenses for radiobroadcast stations
only after a determination that “public interest, convenience, or
necessity” would be served thereby; and

Whereas, the question whether the granting of a license is in
the “public interest, convenience, or necessity” where it results in
common control of one or more radio stations and one or more
newspapers has been presented to the Commission from time to
time and has been the subject of debate before the Commission
and elsewhere; and

Whereas, there are now pending before the Commission a large
number of applications for high frequency broadcast stations
(FM) with which are associated persons also associated with the
publication of one or more newspapers; and

Whereas, the Commission desires at this time to obtain full and
complete information for the guidance of the Commission in pass¬
ing upon applications for high frequency broadcast stations (FM)
with which are associated persons also associated with the publi¬
cation of one or more newspapers; and

Whereas, the Commission deems it advisable at this time, when
the public service of frequency modulation is in its early stages,
to consider the adoption of a policy with respect to joint control of
radio stations and newspapers, such policy to be applied by the
Commission in passing upon high frequency broadcast applica¬
tions (FM) coming before it and to guide and inform future
applicants; and

Whereas, the Commission deems it advisable at the same time
that it undertake consideration of the question of joint control
of newspapers and radio with respect to applications for high
frequency broadcast stations (FM) to consider the adoption of a
policy to be applied by it in passing upon applications for the
future acquisition of standard broadcast stations by newspapers;

Now, THEREFORE, IT IS HEREBY ORDERED That the Federal (Com¬
munications Commission undertake an immediate investigation to
determine what statement of policy or rules, if any, should be
issued concerning applications for high frequency broadcast sta¬
tions (FM) with which are associated persons also associated with
the publication of one or more newspapers and that public hear¬
ings with respect thereto be held at such times and such places
as the Commission may direct, and that such investigation and
public hearings shall also include consideration of statements of
policy or rules, if any, which should be issued concerning future
acquisition of standard broadcast stations by newspapers.

It is further ordered That in those few cases in which the
Commission has heretofore granted applications for high frequency
broadcast stations (FM) with which are associated persons also
associated with the publication of one or more newspapers, the
construction permits to be issued shall contain the condition that no
construction of the facilities authorized therein shall be undertaken
or continued until after the Commission shall have completed the
aforesaid investigation and shall have taken action upon the basis
thereof ; Provided, however, that, upon a showing that the public
interest, convenience or necessity will be served thereby, construc¬
tion at an earlier date may be authorized.

By the Commission.

T. J. Slowie,

Secretary.

Sales

AGENCY CONTRACT FORM

On Tuesday the N.AB Board of Directors voted ap¬
proval of the N.'\B Committee's revision of the agency

(Continued on page 259)

256— March 21, 1941

ONE WEEK TO MOVIN’ DAY

NETWORK SHOWS

According to Bill Hedges’ March 13 bulletin to all
NBC stations, the, Red and Blue networks will carry a
special Movin’ Day program, 7:15-7:30 p. m., Friday,
iMarch 28. He urged every station to take “this out¬
standing broadcast.”

A. Opfinger, IMBS’s program service manager, has
scheduled Mutual’s coast-to-coast show for 9:15-9:30
p. m. same night. E. K. Jett, FCC chief engineer, will
explain the advantages of reallocation. Fulton Lewis, Jr.,
7:00-7:15 p. m., same night, will also plug the move.

According to Columbia’s Washington office, CBS is
thinking in terms of two programs. The initial show, pro¬
viding for local cut-ins, is set for Thursday, IMarch 2 7,
10:15-10:45 p. m. The other show, for which the exact
hour was unknown at press time, would probably be
broadcast on Friday, just prior to Movin’ Day.

BEARD DISPLAYS CRYSTAL

Jay P. Beard, owner, KBTM, Jonesboro, Ark., has his
station in readiness for change-over. Daytimes the new
crystal is on display in the front window of the city’s
leading jewelry store.

The subject of frequency changes is now a topic of
general conversation throughout the United States and
territories. Under the impetus of next week’s big push,
the success of the educational and promotional campaign
will be assured.

Looking over the data sheets with information for the
brochure, to be mailed agencies and stations next week, is
an inspiration for any man in the broadcasting business.
Everybody “has done his duty” and then some. That will
be apparent when the brochure, “56 Days”, reaches you.

If six state members of the Governors’ Movin’ Day
Proclamation committee are fortunate and are able to
secure the desired documents, the industry will have re¬
ceived unusual support those first in command of the
home front.

The cities in which Mayoralty proclamations have been
issued will be listed in the brochure. Their number will
be a surprise.

Below are Governors whose proclamations have been
received during the last week, together with the names of
broadcasters who acted as industry representative in se¬
curing them. Total this week is eleven from states and
one from Puerto Rico.

.\RIZONA — Gov. Sidney P, Osborn

Arranged by Dick Lewis, KTAR, Phoenix

GEORGIA — Gov. Eugene Talmadge

Arranged by Leonard Reinsrh, WSB. -Atlanta

ILLINOIS — Gov. Dwight H. Green

Arranged bv Leslie C. Johnson, VVHBE. Rock Island

M.MNE — Gov. Sumner Sewall

.Arranged by George F. Kelley, Jr., WCSH, Portland

MARYL.\ND — Gov. Herbert R. O’Conor

Arranged by John Elmer, VVCBM, Baltimore

MISSOURI — Gov. Forrest C. Donnell

Arranged by Merle S. Jones, KMOX, St. Louis

NEVADA — Gov. E. P. Carville

Arranged bv W. D. Warren, KOH, Reno

NEW MEXICO— Gov. John E. Miles

Arranged bv Ivan R. Head, KVSF, Santa Fe

NEW YORK— Gov. Herbert H. Lehman

Arranged by Harold E. Smith, WOKO, Albany

PUERTO RICO — Gov. Guy J. Swope

Arranged by John .A. Zerbe, WK.AQ. San Juan

TEX.\S — Gov. W. Lee O’Daniel

.Arranged bv Harold Hough, WB.4P, Fort Worth

VERMONT— Gov. William H. Wills

Arranged by Charles P. Hasbrook, WCAX, Burlington

RADIO GUIDE

-All editions of Radio Guide which hit the newsstands
on Wednesday, March 19 carry the first installment of
the reallocation story. The second installment will appear
in the following issue. This issue will also contain a com¬
plete log with the new frequencies. Radio Guide reaching
readers on Wednesday, April 2, will contain another log
with stations listed by frequencies.

This week’s issue has prominently displayed on the
front cover “Prepare for Radio’s Moving Day, page 37.”

Martin Lewis, executive editor, says, “I hope you like
it.” To which we reply, on behalf of the industry, “We
certainly do, Mr. Lewis, your assistance is appreciated
by all of us.”

RCA-S.E.P. PAGE

The Saturday Evening Post for delivery Wednesday,
Alarch 26, is scheduled to have a page on the subject of
reallocation.

It was prepared under the direction of Dave Finn, RC.A
advertising manager, along last December and necessarily
held for release until the FCC reallocation order came
through.

“CIRCUS” PUBLICITY

Many broadcasters with an eye to showmanship are
using huge moving vans, sometimes with equally large
trailers, as cruising bulletin boards to advertise the moving
of their kilocycles. Since the moving van is particularly
appropriate to the present promotion, the stunt is being
well received.

ARIZONA STATIONS ACTIVE

The story of Radio Movin’ Day Proclamation by Gov¬
ernor Sidney P. Osborn of Arizona has received wide¬
spread publicity in the state and southwest. In Phoenix
jMayor Reed Shupe is also issuing a proclamation.

“All Arizona stations will follow NAB suggestions in
publicizing event,” wired Dick Lewis, KTAR, state chair¬
man of the Governor’s Movin’ Day Proclamation Com¬
mittee.

March 21, 1941 — 257

MAINE PROCLAIMS TUESDAY

GOVERNORS’ LEAGUE STANDINGS

District

Standing

States in

States out

Xo. 2 .

1 000

New York

No. 4 .

1 000

Maryland

North Carolina
South Carolina
Virginia

West Virginia

No. 5 .

1 000

Alabama

Florida

Georgia

Puerto Rico

No. 6 .

1 000

Arkansas

Louisiana

Mississippi

Tennessee

No. 7 .

1 000

Kentucky

Ohio

No. 8 .

1 ,000

Indiana

Michigan

No. 10 .

1 ,000

1 owa

Missouri

Nebraska

No. 11 .

1 , 000

Minnesota

North Dakota,
South Dakota

No. 12 .

1 , 000

Kansas

Oklahoma

No. 13 .

1 000

Texas

No. 1.5 .

1 000

California

Nevada

No. If) .

1 000

Arizona

California

New Mexico

No. 17 .

1 , 000

Oregon

Washington

No. 1 .

,833

Connecticut

Maine

Massachusetts

New Hampshire
Vermont

Rhode Island

No. 11 .

,800

Colorado

Idaho

Utah

Wyoming

Montana

No. 9 .

,500

Illinois

Wisconsin

No. 3 .

000

Delaware

New Jersey
Pennsylvania

Some “out” states have proclamations in negotiation.

RAYTHEON STATION GUIDE

'I'hree-colored window posters promoting reallocation
have been mailed to dealers handling Raytheon tubes.
The company is also distributing vest-pocket station guides
listing present frequencies with the corresponding new dial
location.

d'he Radio ^Movin’ Day Proclamation for Maine will
be issued on Tuesday, March 25, by Governor Sumner
Sewall. It will be made public during the Governor’s
press conference according to George F. Kelley, Jr.,
WCSH, who engineered the proclamation on behalf of
Maine’s broadcasters.

TUNG-SOL WINDOWS

Thousands of set owners are going to be “stopped” by
the four-colored easel window display that Tung-Sol has
made available to dealers. Extending the full length of
the center panel is a scantily clad drum major asking you
to “Keep in tune.”

PUERTO RICO PROCLAIMS

The Honorable Guy J. Swope, Governor of Puerto
Rico, has joined with the chief executives of the states
in issuing a proclamation and thus cooperating with the
broadcasting industry.

Yesterday’s air mail brought the news from John A.
Zerbe, vice president and general manager of Station
WKAQ, that Governor Swope would issue the proclama¬
tion on Monday, March 24. ]Mr. Zerbe’s station at 620
does not change frequency.

MARKET REPORTERS HELP

All market newsmen have been bulletined by the U. S.
Department of Agriculture to help in spreading realloca¬
tion information among listeners. Scores of programs
w'ill carry tag lines telling listeners where the market
news reporter will be found on the dial on and after
March 29. Printed market reports will also contain the
new frequencies of stations carrying the market news
programs.

SPECIAL SECTION IN DETROIT

'I'he Detroit News will issue a special Movin’ Day
section. .A.mong participating advertisers are: WJBK,
WJR, WJLB, WWJ and WXYZ, Detroit; WCAR, Pon-
tica; \YEXL, Royal Oak; and CKLW, Windsor, Out.

N. Y. CHILDREN INFORMED

Top ranking educators, generally, have proved to be
sympathetic to NAB’s suggestion that they assist in pub¬
licizing reallocation. Here’s an interesting paragraph
quoted from a letter by Max FT. Bildersee, associated
supervisor of radio education. New York State:

“/ am happy to tell you that within a few days a letter
will go jonvard to the City, Village and District Superin¬
tendents of Schools, telling them of the change in broad¬
cast frequencies and suggesting that they transmit this

258 — March 21, 1941

information to the principals and teachers in the schools
of the State.” That IS cooperation.

SCRANTON PROMOTIONS

To impress the new wave length of station WGBI,
Scranton, Pa., on the youngsters, George D. Coleman,
commercial manager, arranged for a broadcast in front of
the studio building. Ten thousand (10,000) youngsters
came and received a ruler carrying the station’s new fre¬
quency and a CBS map.

During another promotion, he gave a new $5 bill to the
first 100 persons that presented a $1 bill having the last
three figures of the serial number identical with the new
frequency, 910.

The station sent letters to 200 school principals; and
30,000 letters were sent out by United Churches. Re¬
allocation news was contained in 33,000 copies of church
bulletins.

TWO SPECIAL SECTIONS

Two special IMovin’ Day sections will be produced in
Hartford, Conn., by the Conrant and the Times. The
former will be published on Sunday, March 23, and the
latter on the following Wednesday. They are expected to
run from 12 to 16 pages, and will be complete with art
and appropriate copy. Managers and department heads
of WTIC, WDRC, WTHT and WNBC are contributing
stories. Out of town advertising on the part of WTIC
will include eight state newspapers and several in Massa¬
chusetts.

NOTES

J. B. Plumley, WSNJ, Bridgeton, N. J., announces a
proclamation by the city’s mayor. . . . Grays Harbor
Public PTility District has distributed 10,000 stuff ers for
Harry R. Spence, KXRO, Aberdeen, Wash. . . . 30,000
special cards will be inserted in department store April
statements to Peoria housewives on behalf of WMBD
and 100 car and bus cards have been placed. . . . Man¬
ager Wilt Gunzendorfer, KSRO, Santa Rosa, Calif.,
launched IMovin’ Day early in March with a quarter-hour
show which resulted in publication in all local papers. . . .

Joe Maland, vice president, WHO, Des Moines, sent
photostat copies of Governor Wilson’s proclamation to
all radio stations in Iowa. . . . Mayor Reed Shupe, of
Phoenix, Ariz., has issued a proclamation.

A total of 90,000 staffers were mailed to customers of
Duke Power Company from the main office in Charlotte,
N. C., according to Earle J. Gluck, general manager,
WSOC, who is working closely with A. E. Joscelyn, man¬
ager, WBT.

Emerson S. Smith, program director, KDYL, Salt Lake
City, brought Governor Herbert B. Maw to the studio and
transcribed his Movin’ Day proclamation. Afterwards
copies of the recording were sent to every Utah station
involved in change-over.

From Major Edney Ridge, WBIG, Greensboro, N. C.,
comes a platter with two interpretations of the Movin’
Day theme, one by the station’s octette and the other by
its hillbilly band.

SALES

( Continued from page 256 )

contract form. The recommended form is included in
this issue, and an extra copy is supplied herewith.

Renewal of discussions with the AAAA Time Buyers’
Committee followed 4 A’s recpiest for certain changes in
the contract form recommended by NAB January 9.
Following several meetings of sub-committees of both
groups, a joint meeting of both full committees, and a
meeting of staff members and attorneys, final poll of
the NAB Committee resulted in this recommended form
for agency business which meets the Board’s approval.

The changes embodied in the revision were of minor
character or to clarified agreed intent. The 4 A’s, it is
said, still object to the new form in three principal re¬
spects: (1) Station’s right to substitute commercially
sponsored programs of public importance. They contend
that only political or governmental programs should be
substituted on a sponsored basis, and that all other pro¬
grams of public importance should be substituted on a
sustaining basis. ( 2 ) No reference in the contract to
the services of a regular staff announcer. NAB thinks
this should be handled in each case on the face of the
contract. (3) Station’s obligation to reimburse agency
for non-cancellable talent costs only when station itself
has contracted for the talent. The NAB Committee
unanimously favored these provisions as drafted in the
new form, and deemed further meetings would be un¬
availing because of their firm conviction on these points.

Stations are again reminded that the recommended form
is supplied merely as an indication of the preponderant
practice of a majority of broadcasters, and one that will
be acceptable to most agencies. Some stations, it is be¬
lieved, will vary certain of the recommended provisions
to conform to their established policies. Other arrange¬
ments will naturally be made in terms on the face of
the contract in individual deals. Inasmuch as the NAB
Committee believes a certain amount of “rubber-stamp¬
ing” and bargaining for terms in individual cases to be
inevitable, it feels that it has brought out a form that
meets as nearly as possible the agency practice and
wishes, and that most agencies will use it substantially
as recommended.

For local business direct with advertisers, stations will
want to consider using the January 9 form. That form
calls for payment by the twentieth of the month, but in
many cases stations will prefer to make appropriate
change to provide for payment at an earlier date. Sta¬
tions which have not as yet printed that form should

March 21, 1941 — 2 5 9

consider the advisability of striking out the word “agency”
wherever it appears on the back and substituting the word
“advertiser,” and also striking all references to agency
and commissions on the face. Those which have already
printed it can continue to use it on local advertiser busi¬
ness by striking out the reference to agency commissions.
The Committee believes it desirable for stations to use
two forms, one for agency business and one for business
direct with the advertiser.

The NAB-AAAA Conference Committee stands dis¬
charged, with the understanding that the sub-committee
on the Invoice Form will confer with the Accounting
Committee. That committee is in process of ironing out
details in the invoice for further discussion with the AAAA
Fiscal Committee. Release of the form is expected within
the next month.

NAB Convention

Promotion Exhibit Question Box No. 1

Question: Are all entries to be on standard size
panels?

Answer: Yes; all entries must be on standard size
panels, 28 x 44 inches.

Question: Can they be used vertically or horizon¬
tally?

Answer: Yes; both arrangements are acceptable.

Question: Are there any rules in regard to the treat¬
ment of the panels within the standard size shape?
Answer: No. Use any color scheme, arrangement ,
or device that you like.

Question: Will many of the smaller stations enter
this exhibit?

Answer: Yes. Because of the standard size panels,
and the seven classifications of entries, many small
stations will enter in at least one classification.

The closing date for entries is May 3. Shipment is
to be made to the New Jefferson Hotel, St. Louis,
c/o N.AB Promotion Exhibit Committee.

HOTEL RESERVATIONS

The advance reservations for rooms at the St. Louis
hotels during the convention far exceed the record of any
previous convention. In other words, a bumper attend¬
ance is indicated. The convention opens Monday, May
12. That is just seven weeks away. Those who have
not already arranged for rooms at St. Louis are urged
to get their requests in promptly. There are plenty of
rooms available in the various hotels and still a con¬
siderable number at the Jefferson.

Address communications direct to the hotel at which
accommodations are desired or to the Housing Committee,
Ray Dady, KWK, Chase Hotel, St. Louis, Chairman.

GOLF TOURNAMENT

The NAB Golf Tournament with the Broadcasting
Magazine trophy has aroused considerable interest. It
will be held this year on Monday afternoon, May 12, so
those who plan to enter must remember to bring along
their golf togs and clubs.

CONVENTION PROGRAM

The program is rapidly taking shape and promises
to be one of the most interesting and constructive ever
offered at an NAB convention. It will include topics
that vitally concern every broadcaster. No one can
afford to miss this Nineteenth Annual Convention at St.
Louis, May 12 to 15, inclusive. Make your plans now.

BMI

BMI WINS IN OPEN MARKET

Requests for BMI tunes are running far ahead of those
for ASCAP tunes not only on BMI stations but on those
stations having both BMI and ASCAP licenses. This
preference for BMI hits is not confined to the United
States but has been strikingly apparent in Canada where,
aside from the war songs, 85% of the requests currently
received for popular tunes are for BMI numbers.

Sheet music sales in Canada as well as those in the
United States are reflecting this preference. For ex¬
ample, printings and sales in Canada of I Hear A Rhap¬
sody are double that of ASCAP’s best seller. Foreign
publishers and foreign societies have noted this prefer¬
ence and are, at the present time, negotiating with BMI
for exclusive rights in their respective territories. A
deal has been consummated with Campbell, Connelly
& Co., Ltd., one of the three leading British publishers
and the house issuing There’ll Always Be An England,
calling for exclusive rights in the British Isles and guaran¬
teeing five publications a month. There is also spirited
bidding going on for BMFs Australian rights.

Programs devoted to the performance of request num¬
bers and operating throughout the night report that there
has been no slackening of interest where the music has
been chosen principally from that licensed by BMI. Out¬
standing testimony is furnished by the program entitled.
Dawn Patrol, operating out of Philadelphia and Wash¬
ington on BMI stations. This program has established
listening posts at many restaurants, taverns, and points

(Continued on page 263)

260 — March 21, 1941

(Recommended by NAB, March 21, 1941)

RADIO STATION
ADDRESS
CITY

(AGENCY’S ORDER NO.

)

(Place and Date)

AGREEMENT between

.called “agency” and

called “station” to broadcast radio programs of

(Advertiser)

as specified below;

NAME OF PROGRAM;

PRODUCT;

, - Length of Broadcast - ,

- Hour -

s

- Days -

A

/

— Times Per Week -

N !

— Total No. Times-

COMMENCEMENT DATE

EXPIRATION DATE

PROGRAM MATERIAL ARRANGEMENTS

ADDITIONAL INSTRUCTIONS

BASE RATE (before discounts); S.

CHARGES

Net Station Time

Talent

Each Broadcast;

S .

S .

S .

s .

For . Broadcasts;

S .

S .

Line Service Other Charges Total

S . $ . $ .

s . s . $ .

s . s . $ .

LESS AGENCY COMAIISSION ( % of Net Station Time Charge) :

The conditions on the reverse side are part of this contract.

(Station)

(Agency)

BY.

BY

(OVER)

Conditions of Contract

(Recommended by NAB, March 21, 1941)

1. PAYMENT

(a) Agency agrees to pay station and station agrees to hold agency solely liable for
payment, for broadcasting covered by this contract unless otherwise expressly agreed
in writing.

(b) Agency agrees to pay for such broadcasting at the office of station or its repre¬
sentative authorized to collect on or before the twentieth day of the month follow¬
ing that in which broadcasting is done; provided, however, that if the postmark
date on the invoice envelope is later than the seventh day of the month, agency
shall not be deemed in default if it makes payment on or before the last day of
that month. In all cases date of payment is material and unless otherwise stipulated
the postmark date on the envelope properly addressed to station or to its repre¬
sentative authorized to collect >hall be considered the date when payment was made.

(c) Station’s invoices for such broadcasting shall be rendered not less often than
monthly and shall be in accordance with station’s log.

(d) Affidavits of performance shall be furnished by station on request of agency.

(e) Station reser\’es the rkht to cancel this contract forthwith at any time in the
event of default or material violation by agency of any of the provisions of this
contract or in the event that agency’s credit shall become impaired. Upon such
cancellation charges in respect of all broadcasting done hereunder and unpaid
shall become immediately due and payable. Such cancellation shall not prejudice
any other right of station against agency.

2. TERIMIXATION

This contract may be terminated by either party by giving the other fourteen (14)
days’ prior written notice: provided that no such notice shall be effective until
twenty-eight (28) days after start of broadcast service hereunder. If agency
so terminates this contract it will pay station according to station's rate card on
which this contract is based for the lesser number of periods, for all services pre¬
viously rendered by station. If station so terminates this contract, agency will then
either agree with station on a satisfactory substitute day or time for continuance
of broadcasts covered by this contract at the card rates on which this contract is
based for such substitute time, or, if no such agreement can be reached agency will
pay station according to the rates specified herein, for all services previously ren¬
dered by station: that is, the agency shall have the benefit of the same discounts
which the agency would have earned had it been allowed to complete the contract.
In the event of termination hereunder neither party shall be liable to the other
party otherwise than as specified in this paragraph, and in paragraph 7 hereof.

3. INABILITY TO BROADCAST

Should any broadcast hereunder be omitted or interrupted by reason of labor dis¬
putes, or failure or impairment of facilities arising from any cause, or by reason
of any cause beyond station’s control, station shall not be liable to agency except
to the extent of allowing in such case either (1) a pro rata reduction in the time
charges hereunder, or (2) if an interruption occurs during the commercial announce¬
ment portion of any broadcast a credit to agency in the same proportion to the
total station time charge which the omitted commercial portion bears to the total
commercial portion of the broadcast, it being mutually agreed that station shall
credit agency on whichever basis is more favorable to agency. In the event of
such omission station will upon agency’s request make a suitable courtesy announce¬
ment as to such omission. Such omission or interruption shall not affect rates of
discount; that is. the agency shall have the benefit of the ^ame discounts which
the agency would have earned had it been allowed to complete the contract.

4. SUBSTITUTION OF PROGRAMS OF PUBLIC IMPORTANCE

Station shall have the right to cancel any broadcast covered by this contract in
order to broadcast any event which it deems to be of public importance: it is
understood that a commercial program will not be substituted unless deemed by
station to be of the utmost public importance at the time. In such case, station
shall notify agency as far in advance as possible, and agency and station shall
agree on a satisfactory substitute day or time for the broadcast, or. if no such
agreement can be reached, the broadcast shall be considered as cancelled without
affecting this contract except that in each such case station shall allow agency a pro
rata reduction in the time charges of the station hereunder. If the talent to have been
used on the cancelled program w'as to be furnished by station, agency shall not
be liable for any non-cancelhble cost of such talent: it is mutually agreed that
in no ca^e shall station be liable for cost of anv talent for which station itself does
not contract. Such cancellation shall not affect rates of discount: that is, the
agency shall have the benefit of the same discounts which the agency would have
earned had it been allowed to complete the contract. In the event of such can¬
cellation or substitution, station shall upon agency’s request make a suitable
courtesy announcement as to such cancellation or substitution and as to any sub¬
stitute time agreed upon.

5. RATES

(a) It is agreed that the rates named in this contract are the lowest rates and
that the discounts named are the maximum discounts mnde by station at the date
of execution of this contract for like services and that if at any time during the
life of this contract station reduces its rates or increa'-es its discounts for like
services, this contract shall be completed from the effective date of such reduction
in rates or increase in discounts at such reduced rales or increased discounts.

(b) If this contract is continued beyond the time specified herein, the additional
broadcasts shall be considered part of this contract and the same rate shall apply
until any lower rate prevailing at the lime this contract is made shall have Ijeen
earned: and then such lower rate shall aiiply to the whol<* contract. This iiro-
vision shall not, however, cover a service reiulered by station later than one year
from the date of the first broadcast.

(c) In the event of revision of station rates or discounts, this contract may be
extended at the rates and discounts herein shown without penalty of short rate or
discounts on previous broadcasts hereunder, for a period of not more than fifty-
tw'o (52) weeks from the effective date of such revision: provided, however, that
such extension is executed not later than thirty (30) days after the effective date
of such revision.

(d) In the event agency contracts with station for additional time for the current
advertiser hereunder the rates and discounts shown on the rate card on which this
contract is based shall apply to such additional time for a period of fifty-two (52)
weeks from the effective date of any revision of rates or discounts.

(e) All broadcasts placed by agency under this contract for the current advertiser
within one year from the date of the first broadcast hereunder may be combined
to earn frequency discounts, provided, however, that announcements cannot be
so combined with five (5) minute or longer programs.

(f) Any rate will be furnished agency upon its written request.

(g) Agency agrees that it will not rebate to its client any part of the commission
allowed by station.

6. PROGRAMS

(a) Agency undertakes to deliver to station seven days in advance of each broad¬
cast. agency’s program material which shall be satisfactory to station both as
to talent and program content. If in the opinion of station program material
furnished by agency is in any way objectionable, station may refuse to broadcast
such material and such refusal shall not prejudice any other right of the parties
under this contract.

(b) If agency fails .so to furnish program material or talent, station shall promptly
notify agency. If after giving such notice station fails to receive such program
material or talent in time for broadcast, station shall have the right to announce
the name, address and business of the advertiser, produce a creditable program and
make the specified station time charge and a reasonable talent charge to agency.

(c) Agency program material shall comply with the Broadcast Code of the National
Association of Broadcasters.

7. INDEMNITY

(a) Any litigation against agency or advertiser, or the employees of either, brought
to enforce the rights of any third party alleged to have been violated by broad¬
casting matter described herein as station material will be defended by and at the
expense of station. Any litigation against station or its employees brought to
enforce the rights of any third party alleged to have been violated by broadcasting
matter described herein as agency material will be defended by and at the expense
of agency.

(b) The indemnitor (party hereto on whom duty of defense is imposed hereunder)
shall have full and complete control of such litigation and may settle, compromise
and adjust the same. The indemnitor shall be responsible for the payment of any
judgment for damages and costs rendered in such litigation against the indem-
nitee(s) and '^hall indemnify and hold the indemnitee(s) harmless from loss or
damage caused by or arising out of any such judgment.

(c) Subparagraphs (a) and (b) hereof shall be effective only in the event that
(1) within fifteen days after the initial summons or process is served upon the
indemnitee, written notice thereof is given to the indemnitor and within ten days
thereafter a written request to defend such litigation is mailed or delivered to
indemnitor and (2) from time to time during the pendency of such litigation and
after the duty of defense has been assumed by the indemnitor, the indemnitee, upon
request, shall disclose to the indemnitor all relevant facts in the possession or under
the control of the indemnitee by making available to the indemnitor for consul¬
tation and as witnesses at their customary places of business all employees and
other persons under the contrr)! of the indemnitee having possession of such facts
and making available to the indemnitor all relevant documentary material in the
possession or under the control of the indemnitee.

(d) Station material consists of (1) all material used in programs furnished by
station except material furnished by agency in connection with such programs,
and (2) copyrighted musical compositions performed in non-dramatic form which
station is licensed by Broadcast Music, Inc., at the time of broadcast to perform
publicly for profit. Agency material is everything broa<lcast hereunder excepting
station material. Station approval of agency material for broadcasting shall not
affect agency’s indemnity obligations under this contract.

(e) Notwithstanding the indemnitor shall have assumed the defense of any liti¬
gation hereunder, the indemnitee, upon relieving the indemnitor in writing of its
obligations hereunder with respect to such litigation, shall have the right, if it
shall so elect, thereafter to conduct the same at its expense by its own counsel.
The indemnitor upon request shall keep the indemnitee fully advised with respect
thereto and confer with the indemnitee or its counsel.

(f) Station agrees upon request of agency to furnish the names of copyright
licensing organizations which on the effective date of this contract have licensed
station to perform publicly for profit their respective musical compositions: and
until agency receives notice from the station to the contrary agency shall have the
right to rely thereon with respect to this and any future broadcasting contracts
between station and agency.

(g) The provisions of this paragraph shall survive any cancellation or termination
of this contract.

8. GENERAL

This contract is made subject to all Federal, Stale and Municipal laws and regu¬
lations now or hereafter in force, is not assignable without the consent of station,
and constitutes the entire understanding between the parties. Waiver of any pro¬
vision hereof in any instance shall not consliLute a general waiver of any right
hereunder.

(OVER)

BMI

(Continued from page 260)

where men gather together throughout the night. Despite
the fact that these listeners hear ASCx4P tunes at the
motion picture houses, the Dawn Patrol seldom receives
a request for one.

Every BMI song has been judged not according to
its value in a Broadway production or a Hollywood movie,
but according to the number of people who would be
interested in it. This standard, BiMI officials feel, was
reflected almost immediately in the response of the lis¬
tening audience. In the coin boxes and in those new in¬
ventions where the patron is permitted to name a tune
for performance, the current score stands about eight
to two in favor of BMI. BMI’s top eight headed by /
Hear a Rhapsody and You Walk By are the current
favorites.

BMI HEADS FOR NEW YEAR

Carl Haverlin, BMI’s Station Relations Director, re¬
ports that renewal licenses from BMI stations have been
coming in during the past week at a greatly increased
rate. h. large majority of all stations have already sent
in their renewals and iMr. Haverlin hopes to get the rest
of the renewals cleared up within the coming week or
ten days.

On March 14th the Eleventh District meeting at Min¬
neapolis adopted a resolution expressing unanimous sup¬

BMI FEATURE TUNES
March 24-31

1. WALKIN’ BY THE RIVER

2. WISE OLD OWL

3. HIGH ON A WINDY HILL

4. YOU WALK BY

5. HERE’S MY HEART

6. FRIENDLY TAVERN POLKA

7. IT ALL COMES BACK TO ME NOW

8. MAY I NEVER LOVE AGAIN

9. I CAN’T REMEMBER TO FORGET

10. G’BYE NOW

11. LOAFING ON A LAZY DAY

12. ALL I DESIRE

13. LET’S DREAM THIS ONE OUT

14. TALKING TO THE WIND

15. BREAKFAST FOR TWO

16. STONE’S THROW FROM HEAVEN, A

17. WITH A TWIST OF THE WRIST

18. WHERE’S THE CAPTAIN’S HAT

In preparation — what promises to be 1941’s biggest
song hit — My Sister and I

port for BMI and pledging those present to renewal of
their licenses.

BMI BATS HIGH FOR WEEK

The popularity record for the week proves that BMI
music holds the commanding lead which it has been build¬
ing up for the past several months. Billboard shows
that nine of the most popular records in the coin machine
list are published or licensed by BMI and again nine
of the ten best selling retail records are also in the BMI
catalogue. Both Billboard and Variety agree in giving
BMI thirteen of the fifteen sheet music best sellers.

The efforts made by BMI to stimulate program diver¬
sification show results in the Billboard list of radio plugs.
Out of the twenty leading songs for this week twelve
were BiMI publications and eight were in the catalogues
of affiliated publishers.

Julius P. Witmark, Jr., BMPs Sales Manager, reports
that You Walk By has now been added to the list of the
BMI songs which have gone over the one-hundred-thou¬
sand mark in sheet music sales.

MARKS SETS RECORD FOR NETWORK
PERFORMANCE

.4 new high record for the number of individual com¬
positions performed on any one evening over the major
networks was set last Friday night, March 14, by the
Edward B. Marks Music Corporation. No less than 32
songs, running all the way from hot swing to “long-hair”
classics and from the Latinest of Latin to the most x4mer-
ican rhythms, were included in the programs broadcast
over the chief stations. .411 of these numbers were licensed
through BMI.

The most important commercial hours had a full quota
of Marks tunes. Jimmy Dorsey on his Twenty-Grand
program featured his inimitable arrangement of Amapola
as recorded on the Decca disc, which is establishing a new
high. On the same program Alary Small performed Para
Vigo Me Voy (Say Si Si) in Spanish in truly Latin style.

The Philip Morris program, directed by Ray Bloch,
featured a beautiful version of Tivo Hearts That Pass in
the Night, the new Ernesto Lecuona tune, followed im¬
mediately by that classic of early rhythm. Jazz Me Blues.
The same program ended with a brilliantly conceived
medley of Manhattan and Sentimental Me, two of the
best songs ever written by Rodgers and Hart.

The Alka Seltzer program had Ida, Sweet .1^ Apple
Cider; Frank Black played Para Vigo Me Voy on his
Cities’ Service program; the Phillips hour had .4be Lyman
playing an old waltz that has not been heard much of late,
Kentucky Dream; the Camel program from Hollywood
listed a brand new song tI7/y Cry Baby, as well as the
familiar El Rancho Grande ; and various other commercial
and sustaining programs were enhanced by such other

March 21, 1941 — 263

Marks standard and popular successes as There’ll Be
Some Changes Made Today, Yours, For Want of a Star
(another new Lecouna song based on his celebrated La
Comparsa) , Blues My Naughty Sweetie Gives to Me,
Song of the Islands, Mama Inez, Ballin’ the Jack, It Was
Wonderful Then, Let’s Dance (Benny Goodman’s theme),
Salud, Dincro y Amor, Shim-Me-Sha-Wabble, The Pea¬
nut Vendor, Everybody Works But Father, My One
Romance, My Shawl, Story of a Horn, Tishomingo Blues,
and several others.

This broad representation of Marks music on the air
was by no means unusual. While there may not be as
many as 32 different Marks copyrights broadcast over the
major networks every night, there are usually from 20 to
30 and these are performed anywhere from one to six
times. As a result, the Marks catalogue is booming in
sales and in general all-around popularity.

LONGFELLOW MUSIC BY MERRIMAN

BMI has recently published in its standard catalogue a
musical setting by its own Dana Merriman of Henry
Wadsworth Longfellow’s poem. The Legend of the Cross¬
bill. Orchestrations and mixed chorus arrangements made
by Mr. Merriman himself will be released within a few
days.

In 1934 Mr. IMerriman, as an NBC conductor, had to
build some programs which, although not of sacred music,
should nevertheless be suitable to the Lenten Season. He
remembered The Legend of the Crossbill, and included
it on a program as a vocal solo with orchestral accom¬
paniment, and then went home to write the music. The
poem concerns the story of a little bird who pecked at
the nails of the Cross and stained the feathers of its
throat with blood so that all its winged descendants carry
the red mark to this day.

IMr. Merriman has just received a letter from the
poet’s grandson, Henry Wadsworth Longfellow Dana,
telling him he has received the new BAH song just in
time for inclusion in a bibliography of Longfellow Music.

SEARS’ SWEET SWING

Sweet Swing and Jerry Sears are synonymous. This
active young conductor of orchestras for radio transcrip¬
tions will always be identified with the swinging of the
classics no matter how many other interesting things he
does in music. It all began when George Alarlo, BAH’s
Professional Alanager, heard some transcription record¬
ings with an unusual combination for dance music, string
(luartett'", harp, and bass, which Jerry had arranged for
\\’or]d Broadcasting System, Inc. Air. Alarlo thought
they would make good material for regular dance or¬
chestras so Jerry did a series for BAIT which have been
heard from coasl-to-coast during the past few months.

Some people like them very much and some people don’t
like them at all, but judging from the requests that come
in from broadcasting studios they are growing in popu¬
larity. Particularly the old timers like I Dreamt I Dwelt
In Marble Halls, Loch Lomond, and My Heart At Thy
Sweet Voice.

Coming to BAH was like starting over again for Jerry.
His abbreviated business career began and ended with
Brentano’s which is in the same building with BAH. It
was all due to the fact that a musician needs too much
sleep. Jerry played professionally during the time he was
employed as a salesman at Brentano’s and after he was
threatened several times with being fired, he decided it
was better to work by night than by day and devoted
himself to his orchestra.

Jerry Sears might be termed a serious musician who has
gone “modern.” By combining the best in musical idiom
with the best of the popular classics, he has developed a
unique style of music. His clever modernizations of
classical and traditional selections are strikingly original,
with an insistent rhythm, that captivates your ears and
sets your feet to dancing.

One of the youngest radio conductors, Jerry has an
enviable background of training and experience. He at¬
tended Cornell University, where he majored in phi¬
losophy, but at the same time he took all the music courses
at the Ithaca Conservatory, studying piano under Leon
Sampaix. It finally got to the point where his activities
as piano accompanist for glee clubs, and arranger and
conductor of college orchestras, made such demands that
he hardly had time for his college courses.

After graduation, convinced that he was definitely in¬
terested in a musical career, he was engaged by Cass
Hagan’s orchestra at the Park Central in New York, as
saxophonist and arranger. In this same band were Lennie
Hayton, pianist, and Red Nichols, trumpeter. Subse¬
quently he spent several years conducting, composing, and
arranging for Paramount Pictures and for Publix Cor¬
poration.

He has been arranger for Paul Ash at the New York
and Brooklyn Paramount theaters, for Phil Baker, and
for Ray Noble; pianist and arranger for Nathaniel Shil-
kret, and for Roger Wolfe Kahn’s Pennsylvania Orchestra
when it was signed for the first NBC Lucky Strike series.
For more than five years he was a regular conductor for
NBC.

Just recently, Jerry assembled a new band of thirteen
pieces, all carefully selected musicians of proven ability.
Frankie Signorelli, his pianist, was formerly with Paul
Whiteman and has played for the famous Alemphis Five
and other well-known groups. Paul Ricci, his first saxo¬
phonist, formerly a member of the Andre Kostalanetz
orchestra, is now in demand by all the top-flight orche.s-
tras. The other members are equally outstanding.

264 — March 21, 1941

NEW YORK SALES MANAGERS

District Meetings

DISTRICT 11 MEETING

The Broadcasters of Minnesota, North Dakota and
South Dakota met at Minneapolis on Friday, March 14.
A full outline of the music situation was given by Carl
Haverlin and a discussion in which nearly all present
participated followed.

The following resolution was unanimously adopted:

“We urge the continued support of Broadcast Music. Inc., by
the broadcasting industry and to that end we call upon all stations
to renew their BMI licenses that it may be continued on an
effective and a permanent basis.”

Earl H. Gammons, WCCO, w'as re-elected Director.
Following the general business session the sales managers
held a meeting at which practical problems in the sales
field were discussed. The following were in attendance:

Lloyd R, .4moo, KRMC; John W. Boler. KVOX; W. C. Bridges,
WMFG; Carl J. Burkland, WCCO; Bonn Clayton, NCBS; A. A.
Fahy, K.^BR; F. E. Fitzsimonds, KFYR ; Earl Ft. Gammons,
WCCO; Edward Hoffman, WMIN ; Joseph Flenkin, KSOO;
George R. Hahn, KSOO-KELO; Morton Henkin, KSOO-KELO;

C. F. Hagman, WTCN ; Ken Hance, KSTP; Stan Haigh, WLOL ;
Phil Hoffman, WN.^X ; Emmett J. Heerbt, Jr., WCCO; Stanley
Hubbard, KSTP; Ray Jenkins, KSTP; Barney Lavin, WDAY ;
Dalton LeMasurier, KDAL ; Harry Linder, KWLM ; John F.
Meagher, KYSM ; Burton Paulu, WLB ; E. C. Reineke, WD.^Y ;
Otto Rupp, KFAM; Fred Schilplin, KF.^M ; Frederick C. Chilplin,
KFAM; Edward P. Shurick, WLOL; Wallace E. Stone, WDGY;
Robert Tincher, WNAX; Warner C. Tidemann, KATE; Lee L.
Whiting, WTCN; M. H. White, KWNO; Bert Wick, KDLR; and
Milton M. Blink, Standard Radio.

DISTRICT 15 SALES MANAGERS MEET

Wilt Gunzendorfer, KSRO, recently re-elected chair¬
man of the Sales Managers Division of the 15th District
of the NAB, presided at a sales managers meeting at San
Francisco, March 1.

Problems peculiar to sales managers and salesmen were
discussed. Among the subjects were:

Sales Managers, Salesmen and their Problems
Sales Ideas

Rates — Rate Structure

Promotion and Merchandising Activities

The Commercial Code of the NAB

Howard Lane, KFBK, NAB District 15 Director, out¬
lined the purposes of the newly created Nx4B Department
of Broadcast Advertising.

Alembers from Northern California who participated in
the meeting were:

Ralph Brunton. KJBS; Charles A. Whitmore, KTKC ; Philip G.
Lasky, KROW; Harold H. Meyer, KYA; Keith B. Collins, KMJ ;
Leo 0, Ricketts, KFBK; William Beasom, KSRO; Lilian Holmes,
KYA; Bill Shea, NBC; Walter G. Tolleson, NBC; Jack Reese,
KROY ; George F. Barringer, KHl'B; Eddie Calden, KHUB;

D. E. Lundy, KROY ; Roger R. Hunt, KROY ; Howard N. Mar-
tineau, KHUB; Frank Nicholson, KFBK; David H. Sandeberg,
McClatchy; W. B. Ryan, KGO-KPO; Joe Comelli, KSRO; Dan
Weldon, KSRO; Henry Root, KYA; H. J. Tyler, KSFO; Carl
Nielsen, KYA; Ed Franklin, KJBS; Lou Simon, KY.\; John
Brunton, KQW; C. L. McCarthy, KQW ; Clyde Coombs, K.ARM ;
F. W. Morse. KLS ; Wilt Gunzendorfer, KSRO; Howard Lane,
KFBK;. Art Westlund, KRE; P. D. Allen, KLX ; S. H. Patterson,
KSAN.

Charles F. Phillips, commercial manager of WFBL,
Syracuse, and chairman of the Second District Sales
^Managers Committee (all stations in the State of New
York) advises that a sales managers meeting will be held
in Syracuse on Wednesday, March 26. xAll stations in
the District are urged to have their sales manager on
hand. This will be an important meeting.

CORRECTION

Owing to a typographical error, the N*^B Reports,
page 121, listed the new frequency of Station WPID,
Petersburg, Virginia, under the reallocation as 790 kc.
This should have been 1240 kc.

ALUMINUM DISCS

Manufacturers of aluminum discs have attempted in
a series of discussions with the Office of Production IMan-
agement to secure a priority rating and some assurance
that their aluminum requirements will be safeguarded.
While NxAB has followed these discussions closely it has
taken no active part.

It appears at the present writing that there is little
possibility that the appeal of the manufacturers will be
favorably considered and that the supply of aluminum
for disc purposes may be seriously curtailed.

In view of this situation which has as yet produced
no serious effect upon stations using these discs, it seems
advisable to caution in an attempt to conserve the supply
on hand. Such conservation may be accomplished by use
of other material for reference recording. It has also
been suggested that station operators carefully inspect
their supply of used discs to determine if some of these
cannot be returned to manufacturers for reprocessing.
We are advised that it requires approximately two months
to assure reprocessing and, therefore, prompt action is
necessary. The return of used discs and the judicious
use of the present supply coupled with the substitution of
other methods where possible will contribute to a solution
of this problem.

The Engineering Committee at the direction of the
Board will look into the matter of the price to be allowed
by manufacturers for returned discs and subsequent advice
regarding this matter will be given.

Legislation

OREGON LIBEL LAW

Oregon Senate Bill No. 340 relating to the broadcasting
of defamatory matter passed both branches and was ap¬
proved IMarch 14. We print the Act:

An Act relating to the broadcast of defamatory matter over
the facilities of radio and television broadcasting stations, and
defining the liability therefor.

March 21, 1941 — 265

Be It Enacted by the People of the State of Oregon:

Section 1. The owner, licensee or operator of a radio station or
television broadcasting station, and the agents or employees of
any such owner, licensee or operator, shall not be liable for any
damages for any defamatory statement published or uttered in
or as a part of a radio or television broadcast, by one other than
such owner, licensee or operator, or agent or employee thereof,
unless it shall be alleged and proved by the complaining party,
that such owner, licensee, operator, agent or employee, has failed
to exercise due care to prevent the publication or utterance of
such statement in such broadcast.

FEDERAL LEGISLATION

H. R. 3997 (Sacks, D-Pa.) COPYRIGHT — To amend the Act
entitled “.4n Act to amend and consolidate the Acts respecting
copyright”, approved March 4, 1909, as amended, and for other
purposes. Referred to Committee on Patents.

H. R. 4016 (O’Brien, R-N. Y.) COPYRIGHT — To reduce the
amount of damages for infringement of copyright of musical com¬
positions in certain hotels and other places. Referred to Com¬
mittee on Patents.

STATE LEGISLATION

.•\rizona:

H. 144 (Phelps) FARM PRODUCTS— FALSE ADVERTISE¬
MENT — To prohibit the false advertisement of agricultural com¬
modities sold for human consumption. Referred to Committees
on Judiciary, Agric. Ik Irrig., County and County Aff.

Illinois:

H. 360 (Crowley) MUSICAL COPYRIGHT SOCIETIES—
Makes it unlawful for authors, composers, etc., of any copyrighted
vocal or instrumental musical composition to form a combination,
society, firm, partnership, etc., either wdthin or w'ithout the state,
when one of the objects of such combination is the determination
and the fixation of license fees and other exactions and the
amounts thereof required, by such combination for itself or its
members. Referred to Committee on Judiciary.

Maryland:

H. S91 (Dempsey) FOOD, DRUG AND COSMETIC — Food
and Drug Law', To repeal Secs. 189-200 of Art. 43 of the .An¬
notated Code (1939 Eel.), and to enact Secs. 189-200-0 in lieu
thereof to provide a LIniform Food, Drug and Cosmetic Act.
Referred to Committee on Hygiene.

H. 737 (Houck) SPORTS— ADVERTISING— To add Secs.
291.A to Art, 27a the Annotated Code (1939 Ed.), providing for
dissemination, publication and transmission by newspaper, radio,
etc., of news pertaining to any sport, sporting event, contest or
contingency. Referred to Committee on Judiciary.

Missoiiri:

H. 447 (Libracii) PROPAG.ANDA — Regulating and dealing
witii jiropaganda inciting race nationality, color or religious
hatred.

N EVADA :

.\. 273 (Jones) MONOPOLIES — Creates an anti-monopoly
hoard to effectuate tlie true intent of the Federal Copyright Law's.
Referred to Committee on Judiciary.

Ohio:

H. 616 (Radclife) TRADE RESTRAINT— MUSICAL COM¬
POSITIONS — To outlaw combinations fixing prices for public
performance rights of vocal or instrumental musical compositions.
Referred to Committee on Judiciary.

Pennsylvania:

H. 792 (Taylor) R.ACl.AL H.ATRED — To add Secs. 418, 419,
420, 421, 422 and 423 of the Penal Code of 1939, P. L. 872, by
making unlawful acts designated to incite racial or religious hatred,
and im[)osing penalties. Referred to Committee on Judiciary
Special.

A'ermont:

H. 248 (General Committee) ELECTRICAL INTERFER¬
ENCE To amenil section 3678 of the Public Law's relating to
radio interference.

266 — March 21, 1941

Wisconsin:

A. 527 (SciiRNiTZ) COPYRIGHTED MUSIC— An Act to create
177.01, sections 2.A, 2B and 2C and to amend 177.01, section 7
of the statutes relating to copyrighted music. Referred to Com¬
mittee on Judiciary.

FEDERAL COMMUNICATIONS
COMMISSION

WAKEFIELD CONFIRMED

Ray C. Wakefield was confirmed on Monday by the
Senate as a member of the FCC for a term of seven years
beginning July 1, 1940. Air. Wakefield succeeds the late
Thad H. Brown as a member of the Commission.

FM RULES AMENDED

The FCC has amended the rules governing high frequency broad¬
cast (FM) stations in order to stimulate development in this new
service by relaxing the requirements with respect to the areas to
be served. This action was taken upon suggestions by the in¬
dustry that such relaxations, essentially of a temporary character,
are needed to meet existing conditions.

With resjiect to cities having large basic trade areas, such as
Washington, Houston, St. Louis and Kansas City, the new rules
permit stations to be authorized on a temporary basis to serve
less than the basic trade area but at least the metropolitan dis¬
trict of the city in question. Such authorizations will not be
granted in the absence of a special showing that there is a need
for relaxing the basic requirement in the particular case. Such
grants will be subject to the condition that the Commission may
in the future require the licensee to serve the entire basic trade
area. In determining to make such a requirement in the future
the Commission w'ill take into consideration such matters as the
availability or shortage of frequencies in the particular city, the
number and qualifications of applicants w'ho are willing to serve
the entire basic trade area, the competitive effect of continuing
the authorizations for a smaller service area upon stations serving
or willing to serve the entire basic trade area, the distribution
of receiving sets within the basic trade area, and other pertinent
factors.

The Commission made available three of the frequencies pres¬
ently allocated for cities having a population less than 25,000 for
assignment also to stations in cities having a greater population
located in and adjacent to metropolitan districts having a popu¬
lation greater than 1,000,000.

In addition, the Commission indicated that, although under
Section 3.226(b) of the Rules eleven channels are available for
any particular basic trade area, it would reserve, in making present
assignments, three such channels for communities outside the prin¬
cipal city of the basic trade area.

NOTICE TO FM STATIONS

Supplementing its announcement of F'ebruary 26 concerning pro¬
visions for experimental high frequency (FM) broadcast stations
to expedite commercial operation, the FCC now offers further aid
to FM broadcasters in their transition period by prescribing:

A person holding a construction permit for a commercial high
frequency broadcast station may lie permitted to operate on a
temiiorary basis with equipment delivering a less effective signal

than that required to render service to the entire area specified
under the rules applicable to such station, provided, the applicant
demonstrates that he has made a bona fide effort to comply with
the terms of his construction permit. Such showing must include
photostatic copy of acknowledgement of order for transmitter and
promised delivery date.

REALLOCATION

The FCC issued the following statement about reallo¬
cation:

Information has reached the Federal Communications Commis¬
sion that in certain instances private representatives of radio sta¬
tions in the United States have been attempting to deal directly
with the owners of radio stations in some of the neighboring
countries, notably Canada, Cuba and Mexico, or with government
officials in these countries, on matters having to do with the allo¬
cation of radio frequencies, and specifically involving proposed
changes in the frequencies of certain broadcasting stations either
in the United States or in the other countries mentioned.

Such a procedure in many instances might jeopardize any inter¬
national negotiations which might be in progress, and might bring
prejudicial results in the case of certain international treaties to
which the United States is a party. Such action could cause
serious embarrassment to this government.

Any proposed negotiation between broadcast stations in this
country and those in foreign countries should be through the
medium of prescribed government jurisdiction. All such cases
should be presented first to the Federal Communications Commis¬
sion which in turn will recommend appropriate action through
diplomatic channels if required.

This notice is in no way intended to affect any negotiations con¬
cerning the exchange of programs as between the various countries
which are being carried on in the normal conduct of program con¬
tract arrangements.

FCC has issued the following notice to all standard
broadcast stations regarding the March 29 changes:

On January 31, 1941, in connection wdth its publication of the
frequency assignments effective March 29, 1941, the Commission
issued a notice to all standard broadcast station licensees authoriz¬
ing tests on the new frequencies and setting forth the procedure
required of licensees employing directional antennas. Detailed
steps w'ere outlined to be followed by such stations. It was speci¬
fied that data on the radiation field together with the frequency
check should be supplied to the Commission for approval upon
completion and prior to March 29, 1941.

Licensees of stations employing directional antennas are advised
that, due to the general delay in submitting the required data, re¬
newals of licenses for the period beginning 3:00 a.m., March 29,
1941, specifying the regularly authorized operating power, can be
assured only in cases where the necessary performance data is sub¬
mitted by March 21, 1941. In the case of any licensee which does
not submit the required data by that date, temporary authorization
only may be granted and the Commission will specify such power
as it deems appropriate in each case to prevent interference to
other stations.

FLY DISCUSSES NETWORK REPORT

At a press conference early this week, Chairman James
Lawrence Fly of the FCC stated that the Commission
last week met twice on the network “monopoly” report
and two meetings are scheduled for this week. He refused
to hazard a guess as to when the report would be com¬
pleted by the Commission and released. He reiterated
that it would be a brand new report, although it would
take into consideration information furnished by the

Committee report and the Law Department of the Com¬
mission. In answering a specific question, Mr. Fly said
he expected a “unanimous” report. He stressed the point
that the Commission is writing its own report.

Chairman Fly said he was hopeful that the television
hearing, beginning on March 20, would only last for a
couple of days. He expressed the opinion that industry
representatives would not waste any time. Mr. Fly told
the newsmen that he sees progress in the television situa¬
tion with the attitude of the industry as a whole tending
toward an agreement. Of course, he said, there will be
those “not wishing to give in on certain fundamental
things.”

Air. Fly said that it is not yet clear how color television
would be dealt with. He said that eventually there will
be color television, but there is a question of how it will
be provided for at the beginning.

The FCC today announced adoption of orders (B-127), dis¬
missing the applications of Chilton Radio Corporation and V.O.
Stamps, both applicants for a new station in Dallas, Texas.

The applicants applied for a permit to use frequency 1370 kilo¬
cycles, 100 watts, unlimited time. A consolidated hearing was
held in the matter. Thereafter, applicant Stamps died, whereupon
the Chilton Corp. applied for a dismissal of the Stamps applica¬
tion, and petitioned the Commission to reconsider and grant its
application.

On January 1, 1941, the Commission authorized the Chilton
Radio Corp. to amend its application to specify another frequency
than originally requested. An amendment was filed, and the
application of Chilton Radio Corp. has been removed from the
hearing docket, and the petition to reconsider and grant is dis¬
missed.

BIBLE SCHOOL APPLICATION

Public interest, convenience, and necessity will not be served
by granting the application of God’s Bible School and College,
Cincinnati, Ohio, for a construction permit looking to establishment
by that institution of a new international broadcast station to
serve Latin America, according to a proposed decision of the FCC.

In Proposed Findings of Fact and Conclusions {B-132) based
upon a hearing August 13, 14, and 26, 1940, the Commission points
out that while the chief frequency requested — 21610 kilocycles — is
available, its characteristics do not permit rendition of a satisfactory
program service to South America except during the daytime at
certain seasons of the year. .Also, by reason of the differences in
direction of the zones of Mexico and Central and South America, it
would be necessary to utilize two antennas, instead of the one
proposed, in order to render adequate service. Moreover, no
comprehensive inquiry was undertaken by the applicant with a
view to determining the types of programs which would be accept¬
able to the potential audiences.

Therefore, the Commission concludes:

1. The applicant does not propose to provide adequate technical
facilities to carry forward the proposed service.

2. The applicant has failed to show that the technical operation
of the proposed station would be conducted by qualified persons.

3. The proposed programs were not predicated upon a compre¬
hensive survey designed to determine whether such programs would
be acceptable to the areas to be served, nor has the applicant shown
that it has the necessary program sources available to render an
international service in the public interest.

4. Public interest, convenience, and necessity will not be served
by the grant of this application.

March 21, 1941 — 267

The applicant proposed to operate three hours a day on 11710
kilocycles and unlimited time on 21610 kilocycles with A3 emission
and power of 60 kilowatts.

DEFENSE LISTENING POSTS

Establishment of special national defense “listening posts” to
record, translate, transcribe and analyze foreign short-wave broad¬
casts is being undertaken by the FCC in cooperation with the
Defense Communications Board.

A 24-hour watch for subversive and other pertinent radio propa¬
ganda from abroad is being set up at primary monitoring stations
strategically located throughout the United States and its posses¬
sions.

A picked force of 330 technicians, translators, clerks, propa¬
ganda analysts and other experts will work in eight-hour shifts to
keep abreast of all overseas emissions which may involve propa¬
ganda intended for persons in this country or neighboring countries.
Such continuous listening is necessitated by the difference in time
and propagation characteristics of international broadcasts. The
listeners and analysts will pay particular attention to voice broad¬
casts, including newscasts, speeches, announcements and playlets,
as well as some musical programs.

After being recorded in the field, all this material will be coor¬
dinated and studied at Washington. The extent of the work
involved is indicated by the fact that it requires an average of
seven hours of translation and transcription to fully process one
hour of recorded material. It will be necessary to record and
analyze matter of which 75 per cent will be in languages other
than English.

This necessary step to deal with vital national defense problems
developed by radio is taken on recommendation of the Defense
Communications Board, as approved by the President and the
Bureau of the Budget. It has a high degree of cooperation from
other Government agencies, who want to be correctly informed on
the extent and character of foreign broadcasts reaching this country.
Broadcasters and private propaganda analysis organizations are
cooperating in this patriotic endeavor to keep the Government fully
informed on the situation in the air.

BROADCAST MEASUREMENTS

During the month of February, experts of the FCC
measured 718 broadcasting stations, leaving 166 stations
not measured.

Of this number 662 stations showed a maximum devia¬
tion within 0-10 cycles; 48 stations a maximum deviation
within 11-25 cycles; 5 stations a maximum deviation
within 26-50 cycles; and 3 stations a maximum deviation
over 50 cycles. No stations showed a maximum devia¬
tion over 20 cycles.

890 STATIONS

'I'he Federal Communications Commission issued oper¬
ating licenses to one station and granted seven permits
for the construction of new stations during the month of
February, 1941. A comparative table by months follows:

Operalinp .
Constructidii

771 775 779 783 791 799 806 810 816 825 831 835 836
51 48 47 53 56 58 57 54 52 51 51 46 54

822 823 826 836 847 857 863 864 868 876 882 881 890

268 — March 21, 1941

MUSICAL PITCH BROADCAST

The standard frequency radio service of the National Bureau of
Standards, Department of Commerce, which has been conducted
on a reduced basis since last November when fire destroyed the
Bureau broadcasting station WWV has been extended by the
resumption of the standard musical pitch and of seconds intervals.
Barring unforeseen developments due to the current use of tem¬
porary equipment, it is pointed out, the service will henceforth be
on the air continuously day and night. The radio frequency is, as
formerly, 5,000 kilocycles per second.

The standard musical pitch carried by the broadcast is the fre¬
quency 440 cycles per second, corresponding to A above middle C.
In addition there is a pulse every second, heard as a faint tick,
when listening to the 440 cycles. The pulse lasts 0.005 second, and
provides an accurate time interval for purposes of physical measure¬
ments.

The 440-cycle tone is interrupted every five minutes for one
minute in order to give the station announcement and to provide
an interval for the checking of radio measurements based on the
standard radio frequency. The announcement is the station call
letters (WWV) in telegraphic code (dots and dashes).

The accuracy of the 5-megacycle frequency, and of the 440-cycle
standard pitch as transmitted, is better than a part in 10,000,000.
Transmission effects in the medium (Doppler effect, etc.) may
result in slight fluctuations in the 440-cycle frequency as received
at a particular place; the average frequency received is however
as accurate as that transmitted. The time interval marked by the
pulse every second is accurate to 0.000 01 second. The 1-minute,

4- minute, and S-minute intervals marked by the beginning and
ending of the announcement periods are accurate to a part in
10,000,000. The beginnings of the announcement periods are so
synchronized with the basic time service of the U. S. Naval Ob¬
servatory that they mark accurately the hour and the successive

5- minute periods; this adjustment does not have the extreme
accuracy of the time intervals, but is within a small fraction of a
second.

The broadcast is from a 1 -kilowatt transmitter. It is most useful
for moderate distances in the daytime and long distances at night.
For reception in locations reasonably free from interference, it is
receivable in the summer at all distances up to about 500 miles
from Washington in the middle of the day. The distance range
increases after about 4 P.M. (EST) until at night the broadcast
is receivable throughout the ETnited States (i.e., the 5-Mc carrier
frequency; the 440-cycle tone is sometimes not receivable at night
beyond about 1300 miles). Sometimes at night it may be difficult
to receive either the 5 Me or the 440 cycles at distances between
about SO and 500 miles, while it is easy to receive them beyond 500
miles. In the autumn the daytime distance range will increase,
rising to about 1000 miles in the winter.

The service from the temporary transmitter will continue for
some months. As rapidly as possible the Bureau will establish a
new station to provide more fully than in the past, standard fre¬
quencies reliably receivable at all times throughout the country.
These will be transmitted on more adequate power, and several
radio carrier frequencies will be used, in order to provide more
certain coverage of all distances and times.

FROM THE FCC MAIL BAG

The Federal Communications Commission is in receipt of a
letter from a certain organization complaining of “dissemination
by publications and broadcasters of alleged false and misleading
information designed to eliminate the use of horses and mules.”
Since the Commission does not have authority to proceed against
program sponsors in such a connection, it has referred the com¬
munication to the Federal Trade Commission which, because of
allegedly false advertising claims involved, may have jurisdiction
if there is interstate involvement.

The varied nature of mail received by the Commission is ex¬
emplified in other recent communications:

The basketball team of a particular university wants to con¬
verse over an amateur station in connection with a scheduled trip
to Hawaii. It is informed that there is nothing to prevent this,
providing the rules and regulations concerning amateur operation
are observed, particularly that section which prohibits an amateur
from engaging in any direct or indirect commercial transmission.

A radio station announcer complains of long hours and low
wages. His letter has been transmitted to the Wage and Hour
Division of the Department of Labor.

The Commission has had to write numerous letters advising

that, since it serves largely as a licensing authority, it is not in
a position to furnish information concerning opportunities in the
broadcast field, recommend radio schools or courses, help in the
preparation of radio scripts or programs, or furnish copies of
broadcast schedules.

A Californian is informed that the Commission has not allocated
special radio frequencies for the exclusive use of any group of
amateurs or for any amateur “network.” Any licensed amateur
radio operator may use any frequency assigned to the amateur
service in accordance with the terms of his license and the Com¬
mission’s rules governing such use.

Frequentlv. the Commission has to reply to individuals seeking
special statistical data that, while every effort is made to furnish
data where practicable, the stress of routine work makes it im¬
possible to do specific research for private persons. It points out,
however, that reports and other public information filed with the
Commission may be examined in the Public Reference Room in
its Washington Offices.

A Brooklyn, N. Y., resident asks about requirements for “dental
workers” in Commission employ. The Commission refers the ap¬
plication to the United States Civil Service Commission, from
whence it draws its personnel.

A licensed radio operator does not know whether to sign the
program log with his name in full as it appears on his license or
with his fav'oritc shorter version. He is probably relieved to learn
that there is no prescribed form other than “the person having
actual knowledge of the facts required shall sign the log when
starting duty and again when going off duty.”

The Commission cannot make public distribution of frequency
radio spectrum charts. However, a frequency allocation table is
contained in the “General Rules Governing Standard Broadcast
Stations” (Part 2 of the Commission’s Rules and Regulations),
which is sold by the Superintendent of Documents, Government
Printing Office, Washington, for 10 cents a copy.

Incidentally, a new printed general information pamphlet,
“Radio — A Public Primer,” is being supplied individually upon
request.

FEDERAL COMMUNICATIONS
COMMISSION DOCKET

Following broadcast hearings are scheduled to be heard
before the Commission during the week beginning Mon¬
day, (March 24. They are subject to change.

Monday, March 24

WARM — Union Broadcasting Company, Scranton, Pa. — License to
cover C. P., 1370 kc., 250 watts, unlimited.

Thursday, March 27

NEW — Worcester Broadcasting, Inc., Worcester, Mass. — C. P.,
1200 k(‘., 250 watts, unlimited (using two 100-watt ampli¬
fier stations) .

Friday, March 28

KGNO — The Dodge City Broadcasting Co., Inc., Dodge City, Kans.
— Modification of license, 1340 kc., 500 watts night, 1 KW
day, unlimited. Present assignment: 1340 kc., 250 watts
night, 1 KW day, unlimited.

NEW — J. C. Kaynor, Ellensburg, Wash. — C. P., 1310 kc., 250
watts, unlimited.

FUTURE HEARINGS

During the past week the Commission has announced
the following future dates for broadcast hearings. They
are subject to change.

April 3

To Be Heard Before Commissioner Paul A. Walker, Place of
Hearing to Be Later Designated

WTMC — Ocala Broadcasting Company, Inc., Ocala, Fla. — In the
Matter of Revocation of License of Station.

WDLP — Panama City Broadcasting Company, Panama City, Fla. —

In the Matter of Revocation of License of Station.
Consolidated Hearing

NEW — Western Gateway Broadcasting Corp., Schenectady, N. Y. —
C. P., 1210 kc., 250 watts, unlimited.

NEW — Van Curler Broadcasting Corp., Schenectady, N. Y. — C. P.,
1210 IvC., 250 watts, unlimited.

April 14

To Be Heard Before Commissioner Paul A. Walker,
in Ocala, Florida

WTMC — Ocala Broadcasting Company, Inc., Ocala, Fla. — In the
Matter of Revocation of License of Station.

April 17

To Be Heard Before Commissioner Paul A. Walker,
in Panama City, Florida

WDLP — Panama City Broadcasting Company, Panama City, Fla. —
In the Matter of Revocation of License of Station.

April 18

NEW — J. Leslie Doss, Bessemer, Ala. — C. P., 1370 kc., 250 watts,
unlimited.

April 22

NEW — Camden Broadcasting Co., Camden, N. J. — C. P., 800 kc.,
500 watts, daytime.

April 28

WRDO — WRDO, Inc., .Augusta, Maine. — Renewal of license, 1370
kc., 100 watts, unlimited.

April 29

NEW — The Outlet Company, Providence, R. I. — C. P., 44300 kc.,
16,370 square miles, unlimited.

June 30

NEW — KNOE, Inc., Monroe, La. — C. P., 1420 kc., 250 watts, un¬
limited.

FEDERAL COMMUNICATIONS
COMMISSION ACTION

APPLICATIONS GRANTED

Gordon Gray, Winston-Salem, N. C. — Granted construction permit
for new high frequency broadcast (FM) station to operate
on frequency 44100 kc. ; 69,400 square miles; population,
4,346,000 (B3-PH-76).

W71NY— Bamberger Broadcasting Service, Inc., New York City. —
Granted modification of (FM) construction permit to
specify new transmitter, new antenna, change in population
and location of main studio at 1440 Broadway, New York
City (Bl-MPH-8).

KFOR — Cornbelt Broadcasting Corp.. Lincoln, Neb. — Granted
construction permit to authorize construction provided for
in expired permit (B4-P-2537) as modified, for changes in
equipment, changes in antenna system, increase in power
from 100 watts night, 250 watts day to 250 watts day and
night on 1210 kc., and change transmitter location to 48th
and Vine Streets, Lincoln (B4-P-3087).

Natchez Broadcasting Co., Natchez, Miss. — Granted construction
permit for new standard broadcast station to operate on
1400 (N.ARB.\) kc., 250 watts, unlimited time (B3-P-
2999).

KRKO — Everett Broadcasting Co., Everett, Wash. — Construction
permit for 1370 kc., 100 watts night, 250 watts day, issued

March 21, 1941 — 269

to Lee E. Mudgett, cancelled, and new permit issued to
present licensee, The Everett Broadcasting Co. (BS-AP-33).

APPLICATION DENIED

WlXG — General Television Corp., Boston, Mass. — Denied request
for extension of special temporary authority to operate
visual and aural transmitters at the location of Brookline
Ave. and Park Drive, for a period of one month from
March 20.

DESIGNATED FOR HEARING

WDAS — \VD.\S Broadcasting Station, Inc., Philadelphia, Pa. —
Designated for hearing application to increase power from
250 watts to 1 KW night, 5 KW day; change frequency
from LITO to 1260 kc. (N.4RBA), install directional an¬
tenna for night use and move transmitter to Windmer Ave.
and Conshohocken Ave. Philadelphia (B2-P-3115). To
be heard with pending Trenton applications.

KDRO — Drohlich Brothers, Sedalia, Mo. — Designated for hear¬
ing application for construction permit to change frequency
from 1500 to 800 kc. (under N.ARBA), increase power
from 250 watts to 1 KW, and time of operation from
unlimited to daytime only, make changes in antenna, and
install new transmitting equipment (B4-P-3035).

James F. Hopkins, Inc., Detroit, Mich. — Designated for hearing
application for new FM broadcast station to operate on
46500 kc., 2,130 square miles (B2-PH-1).

Natchez Radio Corp., Natchez, Miss. — Designated for hearing ap¬
plication for construction permit to operate on 1870 Ivc.,
250 watts, unlimited time (B3-P-3064).

MISCELLANEOUS

KEVR — Evergreen Broadcasting Corp., Seattle, Wash. — Granted
special temporary authority to operate simultaneously with
Station KRKO from 4 p. m. to 7 p. m., March 19, from
9:45 a. m. to 12 noon, March 20, and from 4 p. m. to 7
p. m. March 20, from 9:45 a. m. to 12 noon, and from
4 p. m. to 6 p. m. March 21, from 4 p. m. to 6 p. m. PST,
March 22, 1941, in order to broadcast basketball games only.

WGES — Oak Leaves Broadcasting Station, Inc., Chicago, Ill. —
Denied special temporary authority to operate on 1396 kc.
from 6 to 7 a. m., 12 to 3 p. m., and 8 to 12 midnight
CST, for the period March 30, 1941, to not later than April

28, 1941, in order to f)roadcast programs described in letter
dated February 19, 1941. pending action on application
for unlimited time operation.

WPRA — Puerto Rico Advertising Co., Inc., Mayaguez, P. R. —
Denied special temporary authority to operate with power
of 2J4 KW night, on 796 kc. for the period March 29,
1941, to not later than April 27, 1941, in order to render
better nighttime service.

Stephen R. Rintoul, Stamford, Conn. — Granted petition for recon¬
sideration and grant without hearing of application for con¬
struction permit for new standard broadcast station to
operate on 1376 kc., 250 watts, unlimited time, subject to
condition that in any authorization to operate after March

29, 1941, the Commission may specify the frequency 1460
kc. instead of 1376 kc., and subject further that permittee
shall within two months after effective date of order, file
with the Commission an application for modification of con¬
struction permit specifying exact transmitter location and
antenna system ; or if such application cannot be sub¬
mitted within the time allowed, an informal request for
extension of time must be submitted stating the necessity
therefor. Hearing heretofore scheduled, cancelled (Bl-P-
2789).

WB.^X — John H. Stenger, Jr., Wilkes-Barre, Pa. — Continued to
March 31, 1941, the oral argument now scheduled for
March 13, 1941, in re renewal of license.

Piedmont Publishing Co., Winston-Salem, N. C. — Designated for
hearing application for construction permit for new' high
frequency broadcast station to operate on the frequency
46766 ke., with a coverage of 4,600 square miles (B.l-P-53).

Columbus Broadcasting Co., Inc., area of Columbus, Ga.. Portable-
Mobile. — Granted construction permit for new relay broad¬
cast station; frequencies 1622, 2658, 2156, 2796 kc., 50
watts; to be used witli applicant’s standard broadcast
station WRBL (B,t-PRY-237).

KEJM — Perkins Bros. Co. (The Sioux City Journal), Portable-
Mobile, area of Sioux City, la. — Granted license to cover

270 — March 21, 1941

construction permit (B4-PRE-37S) to make changes in
equipment and decrease pow'er in relay station to 1.2 watts
(B4-LRE-343).

WEPA — Edwin H. Armstrong, Portable-Mobile, area of New
York City. — Granted modification of construction permit
( Bl-PRE-277 ) , which authorized a new Special Relay
Broadcast Station), to specify new Group “I” frequencies
of 156756, 158466, 159366, 161166 kc. in accordance with
new rules, requesting extension of commencement date to
60 days after grant and completion date to 180 days
thereafter (Bl-MPRE-49) .

W49BN — Howitt-Wood Radio Co., Inc., Binghamton, N. Y. —
Granted modification of construction permit for new high
frequency broadcast station for approval of transmitter
and antenna (Bl-MPH-4).

W9XLA — KLZ Broadcasting Co., Denver. Colo. — Granted con¬
struction permit to move transmitter from I7th Ave. and
Lincoln St., Denver, Colo., to 1501 E. Hampden Ave., near
Denver, Colo. (B5-PHB-28S) .

WBOE — Cleveland City Board of Education, Cleveland, Ohio. —
Granted license to cover construction permit to install new
equipment, change frequency to 42566 kr., increase power
to 1000 watts, and change type of emission for non-com¬
mercial educational broadcast station (B2-LED-4).

WNBI — National Broadcasting Co., Inc., Bound Brook, N. J. —
Granted modification of construction permit to change
equipment, frequencies and increase power, for extension
of completion date from April 6, 1941, to May 6, 1941
(Bl-MPIB-20).

WRC.A. — National Broadcasting Co., Inc., Bound Brook, N. J. —
Granted modification of construction permit to change
equipment, frequencies and increase power, for extension
of completion date from April 6, 1941, to May 6, 1941
(Bl-MPIB-21).

W9XBK — Balaban & Katz Corp., Chicago, Ill. — Granted extension
of special temporary authority to operate two transmitter
units to be installed and operated from the State-Lake
Bldg., Chicago; Link Transmitter Type No. SO-UTX with
100 watts for visual. Link Transmitter Type No. 2S-UBX,
25 w'atts aural; temporary steel tower to be used on roof,
in order to conduct tests from March 20 to not later than
April 18, 1941, in accordance with construction permit.

KCRC — Enid Radiophone Co., Enid, Okla. — Granted authority to
install automatic frequency control equipment on 1396 ke.
under N.ARB.'V (B3-F'-190).

WCA7. — Superior Broadcasting Service, Inc., Carthage, Ill. —
Granted authority to install automatic frequency control
equipment on 1686 kc. under NARBA (B4-F-181).

WT.AW — Agricultural and Mechanical College of Texas, College
Station, Tex. — Granted moditication of construction permit
for increase in pow'er and new equipment, for new trans¬
mitter (requesting 1156 kc. under NARBA) (B3-MP-1189) .

WLW — The Crosley Corp., Cincinnati, Ohio. — Granted modifica¬
tion of construction iiermit for changes in equipment, for
extension of completion date from .April 22, 1941, to October
22, 1941 (B2-MP-1192).

W\’FW — Paramount Broadcasting Corp., Brooklyn, N. Y. —
Granted license to use W.ARD’s transmitter at 583 Meserole
Street. Brooklyn, N. Y. (Bl-L-1348).

WBBC — Brooklyn Broadcasting Corp., Brooklyn, N. Y. — Granted
license to use WARD’S transmitter at 583 Meserole Street,
Brooklyn, N. Y. (Bl-L-1349).

WMBR — Florida Broadcasting Co., Jacksonville, Fla. — Granted
authority to determine operating pow'er by direct measure¬
ment of antenna power on 1400 kc. under N.ARBA (B3-Z-
705).

KRKD — Radio Broadcasters, Inc., Los .Angeles, Calif. — Granted
authority to determine operating power by direct measure¬
ment of antenna power on 1150 kc. under N.ARB.A (B5-Z-
708).

KIEM — Redwood Broadcasting Co., Inc., Eureka, Calif. — Granted
authority to determine operating power by direct measure¬
ment of antenna pow'cr on 1 156 kc., I486 kc. under N.ARB.A
(B5-Z-69S).

WAL.A — Pape Broadcasting Co., Mobile, Ala. — Granted authority
to determine operating power by direct measurement of
antenna input on 1410 kc. under N.ARB.A (B.l-Z-707).

WKBB — Sanders Bros. Radio Station, Dubuque, low'a. — Granted
authority to determine operating power by direct measure¬
ment of antenna input on 1496 kc. under N.ARB.A (B4-Z-
704).

WBNX — VVBNX Broadcasting Co., Inc,, New York City. — Granted
construction permit to make changes in directional antenna
and change frequency from 1350 lit*, to 1380 kc. under
NARBA (Bl-P-3105).

KGNC — Plains Radio Broadcasting Co., Amarillo, Tex. — Granted
modification of construction permit (B3-P-2969 which au¬
thorized increase in power to 1 KVV night, 5 KVV LS, and
installation of new transmitter), for change in frequency
from 1410 kc. to 1440 kc, under NARBA. No authority to
operate hereunder will be granted prior to March 29.

WMAZ — Southeastern Broadcasting Co., Inc., Macon, Ga. —
Granted authority to determine operating power by direct
measurement of antenna input (B3-Z-669).

Piedmont Publishing Co. (area of Winston-Salem, N. C.), Portable-
Mobile. — Granted construction permit for new relay broad¬
cast station (portable-mobile), frequencies 30820, 33740,
35820, 37080 kc., 2 watts power, A3 emission, to be used
with applicant’s standard broadcast station WSJS (B3-PRE-
387). Also granted license to cover above construction
permit ( B3-LRE-342) .

KRLM — Roy Miller (area of Sacramento, Calif.), Portable-Mobile.
— Granted construction nermit to change frequencies, increase
power, and make changes in equipment from 30820, 33740,
35820, 37080 kc., 10 watts power, to 1622, 2058, 2150, 27!)0
kc., SO watts power, for relay broadcast station KRLM
(BS-PRY-232).

WBKY — University of Kentucky, Beattyville, Ky. — Granted license
to cover construction permit for new non-commercial educa¬
tional broadcast station, 42900 kc., 100 watts, A3 emission
(B2-LED-S).

W2XWV — Allen B. DuMont Labs., Inc., New York City. — Granted
modification of construction permit for new television broad¬
cast station, to extend completion date from February 13,
1941, to April 13, 1941 (Bl-MPVB-33 ) .

WlOXKT — Allen B. DuMont Labs., Inc., Portable (area of New
York City). — Granted license to cover construction permit
for new television station, 2580(I((-270()(M) kc., SO watts;
granted on an experimental basis only conditionally (Bl-
LVB-23).

WSFA — Montgomery Broadcasting Co., Inc., Montgomery, .^la. —
Granted authority to install automatic frequency control
equipment on 1440 kc. under N.4RB.\ (B3-F-188).

KWYO — Big Horn Broadcasting Co., Inc.. Sheridan, Wyo. —
Granted authority to determine operating power by (direct
measurement of antenna input (BS-Z-674).

KOIL — Central States Broadcast Co., Omaha, Nebr. — Granted
authority to determine operating power by direct measure¬
ment of antenna input (B4-Z-689).

KPPC — Pasadena Presbyterian Church, Pasadena, Calif. — Granted
authority to determine operating power by direct measure¬
ment of antenna input on 1240 kc. under N.'\RB.\ (BS-Z-
697).

West Publishers, Inc.. Houston, Tex, — Granted petition for leave
to amend application for new station to specify directional
antenna for nighttime that will conform to requirements of
Havana Treaty, or in alternative to request another as.sign-
ment than 610 kc.. 1 KW, unlimited time, D.^ night. Hear¬
ing scheduled for March 24 cancelled,

WLAP— .‘\merican Broadcasting Corp. of Kentucky, Lexington,
Ky. — Granted modification of construction permit which
authorized move of transmitter and installation of new an¬
tenna, for extension of completion date from March 16,
1941, to May 1, 1941 (B2-MP-1187) .

WLAG — LaGrange Broadcasting Co., LaGrange, Ga. — Granted
modification of construction permit for new station for au¬
thority to install new transmitter, 1240 kc. under N.'XRB.'K,
250 watts, unlimited time, subject to the limitation that no
authority effective prior to March 29, 1941, will be issued to
operate on the terms and conditions specified therein (B3-
MP-1183).

KMYR — F. W, Meyer, Denver, Colo. — Granted modification of
construction permit for new station for frequency 1340 kc.
under N.^RB.'V, changes in antenna, change transmitter site
locally, and extend completion date from April 28, 1941, to
180 days after grant (BS-MP-1199) .

WAGE— Sentinel Broadcasting Corp., Syracuse, N. Y.— Granted
modification of construction permit for new station for in¬
stallation of new transmitter, extension of commencement
date 30 days after grant and completion date 90 days there¬
after (Bl-MP-1188).

WCAU — WC.\U Broadcasting Co., Philadelphia, Pa. — Granted
modification of construction permit for new equipment, for
changes in antenna system and move of transmitter from 1J4
miles west by southwest of Newton Square, on Bishops
Hollow Road, Pa., to near Church ancd Pamona Roacls,
Cinnaminson and Moorestown Township, N. J., and extend
commencement date to 30 days after grant and completion
date 180 days thereafter (B2-'mP-1164).

WNAC — The Yankee Network, Inc., Boston, Mass. — Granted modi¬
fication of construction permit which authorized increase in
power, changes in equipment, and installation of directional
antenna, for extension of commencement date from Septem¬
ber 24, 1940, to March 29, 1941, and completion date from
March 24, 1941, to June 29, 1941 (Bl-MP-1184) .

WT.'VD — Illinois Broadcasting Corp., Quincy, Ill. — Granted license
to cover construction permit for change in hours of opera¬
tion, installation of directional antenna for night use. and
move transmitter (B4-L-1343). Also granted authority to
determine operating power by direct measurement of antenna
input (B4-Z-702).

WMBG — Havens k Martin, Richmond, Va. — Granted motion to
dismiss petition for rehearing filed by WMBG directed
against action of the Commission November 19, 1940, grant¬
ing without hearing the application of Pinellas Broadcasting
Co. (WSTP), St. Petersburg, Fla., for construction permit
to change frequency from 1370 to 1350 kc.. increase power
from 250 watts unlimited time, to 500 watts night 1 KW
day, unlimited time, install new transmitter and make
changes in antenna (B3-P-2933).

KMLB — Liner’s Broadcasting Station, Inc., Monroe, La, — Dis¬
missed without prejudice motion to consolidate hearing on
application of KMLB for construction permit to change
frequency, etc., with application of KNOE, Inc., for a new
station in Monroe, La.

KNOE, Inc., Monroe, La. — Granted motion for continuance to
June 30 of hearing now scheduled for March 31, in re appli¬
cation for new station to operate on 142(1 kc., 250 watts,
unlimited time.

KFRO — Voice of Longview, Longview, Texas. — Dismissed without
prejudice petition to intervene in the hearing on application
of KGNO, Dodge City, Kans., for modification of license
to increase night power to 500 watts on present assign¬
ment, 1340 kc.

J. Leslie Doss, Bessemer, Ala. — Granted motion to take deposi¬
tions in Bessemer, Ala., in re application for new station
to operate on 1370 kc., 250 watts, unlimited time.

J. Leslie Doss, Bessemer, Ala. — Granted motions to take deposi¬
tions at Tuscaloosa and Decatur, Ala., in re above applica¬
tion.

J. Leslie Doss, Bessemer, Ala. — Granted motion for continuance
of hearing now scheduled for April 11 to April 18.

Butler Broadcasting Corp., Hamilton, Ohio. — Granted motion for
indefinite continuance of hearing now scheduled for March
19, pending action on petition to reconsider and grant
application for new station to operate on 1420 kc., 250
watts, unlimited time.

WNYC — Municipal Broadcasting System of City of New York. —
Passed for one week petition for intervention in hearing
on application of Camden Broadcasting Co. for a new
station in Camden, N. J.

WN.^B — Harold Thomas, Bridgeport, Conn. — Granted modifica¬
tion of construction permit (Bl-P-2410, which authorized
a new station to operate on 142(1 kc., 250 watts, unlimited
hours), for change in frequency from 1420 to 1450 under
N.'VRB.^. No authority to operate hereunder will be
granted prior to March 29.

WERC — Presque Isle Broadcasting Co., Erie, Pa. — Granted modi¬
fication of construction permit (B2-P-2251. which author¬
ized a new station on 1500 kc„ 100 watts night, 250 watts
day, unlimited hours), for change in frequency from 1500
to 1490 kc. under N.^RB,^. No authority to operate here¬
under will be granted prior to March 29.

WRLC — R. G. LeTourneau. Toccoa, Ga. — Granted modification
of construction permit which authorized a new station to
operate on 1420 kc., 250 watts, unlimited hours, for change
in frequency from 1420 to 1450 kc. in accordance with
N.A,RB.\. No authority to operate hereunder will be
granted prior to March 29.

KRIS — Gulf Coast Broadcasting Co.. Corpus Christi, Texas. —
Granted modification of construction permit (B3-P-2230,
which authorized a new transmitter and increase in power

March 21, 1941 — 271

to 1 K\V), for change in frequency from 1330 to 1300 kc.
under NARBA, No authority to operate hereunder will
be granted prior to March 29.

WABC — Columbia Broadcasting System, Inc., New York City. —
Granted modification of construction permit (Bl-F-2975,
which authorized a new auxiliary transmitter with 5 KW
power for emergency use only, located at Little Pea Island,
New Rochelle, N. Y.), for change in frequency from 800
to 880 k(‘. under NARBA. No authority to operate here¬
under will be granted prior to March 29.

\V2XMN — Edwin H. Armstrong, N. of Alpine, N. J. — Granted
special temporary authority to operate FM experimental
station on 117430 kc.. with 40 KVV power, using special
emission for frequency modulation with a maximum band
width not to exceed 200 kc.. for a period of 60 days in
order to conduct tests, subject to condition that no inter¬
ference is caused to other stations on same or adjacent
channels.

KFIO — Spokane Broadcasting Corp., Spokane, Wash. — Granted
special temporary authority to operate from 7:15 p. m.,
PST, to the conclusion of basketball games on March 14,
15, and 17, 1941, in order to broadcast said games on sus¬
taining basis only.

KTRB — KTRB Broadcasting Co., Inc., Modesto, Calif. — Granted
special temporary authority to operate from 7:30 p. m.,
PST, to the conclusion of the Modesto Evening Junior
College Forum on March 18, to the conclusion of the
Modesto Symphony Orchestra program on March 25, and
to the conclusion of the Modesto Evening Junior College
Forum on April 1, 1941, in order to broadcast said programs
only.

WMRO — Martin R. O’Brien, Aurora, Ill. — Granted special tem¬
porary authority to operate with 100 watts power from
7:30 p. m. to 11 p. m., CST, March 12, 13, 14, 15, 17, and
18, 1941, in order to broadcast basketball games only.

KRLH — Clarence Scharbauer, Midland, Tex. — Granted modifica¬
tion of construction permit which authorized increase in
pow'er from 100 to 250 watts, installation of new vertical
radiator, changes in transmitting equipment, and move of
transmitter and studio, for change in frequency from 1420
to 1450 kc. in accordance with NARBA; no authority to
operate hereunder wilt be granted prior to March 29, 1941.

WWNY — The Brockway Co., Watertown, N. Y. — Granted modifi¬
cation of construction permit for new station to operate on
1270 kc., 500 watts, daytime only, for change in frequency
to 1300 kc. in accordance with NARBA; no authority to
operate hereunder will be granted prior to March 29, 1941.

Capitol Broadcasting Co., Inc., Raleigh, N. C. — Granted special
temporary authority to operate relay broadcast station
WCTO on frequency 2758 kc., licensed to WGTM, Inc., on
March 15, 1941, in order to relay broadcast special enents
pickup near Southern Pine, N. C., to radio station WRAL.

WBOS — Westinghouse Radio Stations, Inc., Hull, Mass. — Granted
extension of special temporary authority to operate Inter¬
national Broadcast Station WBOS with a pow'er of 50 KW
using tw'o WL-895R tubes in lieu of tubes specified in con¬
struction permit application File No. Bl-PIB-23, pending
the filing and action on an application for license to cover
construction, for the period March 13, 1941 to not later
than April 11, 1941.

WBRY — American-Republican, Inc., Waterbury, Conn. — Granted
authority to make changes in automatic frequency control
equipment on 15!)0 kc. under NARBA (Bl-F-186).

WGY — General Electric Co., Schenectady, N. Y. — Granted au¬
thority to install automatic frequency control on 810 kc.
under NARB.\ (main transmitter) (Bl-F-182). Same for
auxiliary transmitter (Bl-P-184).

WOWO — Westinghouse Radio Stations, Inc., Fort Wayne, Ind. — ■
Granted authority to install automatic frequency control
equipment on lUiO kc. under NARBA (B4-F-179).

WKY — WKY Radiophone Co., Oklahoma City, Okla. — Granted
authority to install automatic frequency control equipment
(auxiliary transmitter) (B3-F-185).

WMC — Memphis Publishing Co., Memphis, Tenn. — Granted spe¬
cial temporary authority to operate with 5 KW power
for the period March 13, 1941 to not later than March 28,
1941, pending reallocation and to overcome interference
caused to WMC by Station CMBC.

WORE — Broadcasting Service Organization, Inc., Boston, Mass. —
Granted special temporary authority to operate from 2
a. m. to 3 a. m., EST, on March 25, 1941, in order to

272 — March 21, 1941

broadcast the Newark News Radio Club DX program only.

WNEL — Juan Piza, San Juan, P. R. — Granted special temporary
authority to rebroadcast on a sustaining basis the Metro¬
politan Opera programs on Saturdays to be received from
International Broadcast Station WWBI and WRCA over
WNEL for a period not to exceed thirty days.

WSPA — Spartanburg Advertising Co., Spartanburg, S. C. — Granted
special temporary authority to operate from 9:15 p. m.,
EST, to conclusion of President’s speech before White
House Correspondence Assn, on March 15, 1941, in order
to broadcast said speech only.

WTBO — Associated Broadcasting Corp, Cumberland, Md. — Granted
special temporary authority to operate from 9:15 p. m.,
EST, to conclusion of President’s speech before White
House Correspondence Assn, on March IS, 1941, in order
to broadcast said speech only.

KFEQ — KFEQ, Inc., St. Joseph, Mo. — Granted special temporary
authority to operate from 8:15 p. m., CST, to the conclu¬
sion of the VVomen’s National A. A. U. Tournament on
March 28, 1941, in order to broadcast said program only,
using 500 watts only.

WOI — Iowa State College of Agriculture & Mechanical Arts, Ames,
Iowa — Granted special temporary authority to operate from
8:15 p. m. to 10:30 p. m., CST, on March 18, 21 and 22,
1941, in order to broadcast National Basketball Champion¬
ship tournament games only.

WPAY — Vee Bee Corp., Portsmouth, Ohio. — Granted modification
of construction permit which authorized equipment changes,
antenna changes, increase in power from 100 watts to 250
watts, and move transmitter, for change in frequency from
1370 kc. to 1400 kc., in accordance with the NARBA; no
authority to operate hereunder will be granted prior to
March 29, 1941.

KFBC — Frontier Broadcasting Co., Cheyenne, Wyo. — Adopted
order setting aside action taken March 11, 1941, granting
application for modification of license to change frequency
to 1210 kc. and power to 250 watts, unlimited time, and
granted the frequency assignment of 1240 kc. instead of
1210 kc., said modification to become effective March 29,
1941 (BS-ML-1050).

APPLICATIONS FILED AT FCC

600 Kilocycles

WCAO — The Monumental Radio Co., Baltimore, Md. — Transfer
of control of corporation from Lewis M. Milbourne and
Clarence W. Miles (voting trustees) to Lewis M. Milbourne,
L. W’aters Milbourne and Clarence W. Miles (voting trust¬
ees) .

780 Kilocycles

WPIC — Sharon Herald Broadcasting Co., Sharon, Pa. — Authority
to determine operating power by direct measurement of an¬
tenna power, 7!)0 kc. under NARBA.

WTAR — WTAR Radio Corp., Norfolk, Va.— Authority to install
automatic frequency control equipment for auxiliary trans¬
mitter on 790 kc. under NARB.A.

900 Kilocycles

KSEI — Radio Service Corp., Pocatello, Idaho. — Authority to de¬
termine operating power by direct measurement of antenna
power on 930 kc. under NARBA.

920 Kilocycles

WSPA — Spartanburg Advertising Co., Spartanburg, S. C.— Modifi¬
cation of construction permit (B3-P-2901) as modified for
installation of directional antenna for night use, increase in
power from 1 KW to 1 KW night, 5 KW day, installation
new transmitter, change in hours, and move transmitter,
further requesting changes in directional antenna, requesting
950 kc, under NARBA, extension of completion date from
9-9-41 to 180 days after grant.

930 Kilocycles

WELI — City Broadcasting Corp., New Haven, Conn. — Modification
of construction permit (Bl-ML-868) which authorized in¬
crease in power and change in directional antenna for night
use, requesting changes in directional antenna and 960 kc.
under NARBA and extension of commencement and com-

pletion dates from 2-17-41 and 8-17-41 to 1 day after grant
and 180 days thereafter, respectively.

950 Kilocycles

VVRC — National Broadcasting Co., Inc., Washington, D. C. — Modi¬
fication of construction permit (Bl-P-243) as modified for
extension of required date of completion from 4-5-41 to
S-S-41.

1200 Kilocycles

WJBC — Arthur Malcolm McGregor and Dorothy Charlotte Mc¬
Gregor, a partnership, Bloomington, Ill. — Voluntary assign¬
ment of license to Arthur Malcolm McGregor, Dorothy
Charlotte McGregor and Hugh L. Gately, d/b as Radio
Station WJBC.

1220 Kilocycles

WGNY — WGNY Broadcasting Co., Inc., Newburgh, N. Y. — Con¬
struction permit to install new transmitter, change frequency
from 1230 kc. to 1370 ke., change hours of operation from
daytime to unlimited, using 250 watts power. Amended to
install new transmitter, request 1 KW power, daytime hours
of operation, and 1220 kc. under NARBA.

1230 Kilocycles

NEW — Roy St. Lewis, Norfolk, Va. — Construction permit for a
new broadcast station to be operated on 1200 kc. (1230 kc.
under NARBA), 250 watts, unlimited time. Amended to
give studio and transmitter sites.

1260 Kilocycles

WHBF — Rock Island Broadcasting Co., Rock Island, Ill. — Modifi¬
cation of construction permit (B4-P-2568) which authorized
installation of new transmitter, increase in power, and direc¬
tional antenna for day and night use, requesting change in
type of transmitter, changes in directional antenna, 1270 kc.
under NARBA, and extend date of completion from 5-17-41
to 180 days after date of grant.

1280 Kilocycles

WDOD — WDOD Broadcasting Corp., Chattanooga, Tenn. — Modi¬
fication of construction permit (B3-P-2641) to install direc¬
tional antenna for night use, move transmitter and increase
power, requesting 1310 kc. under NARB.A, changes in direc¬
tional antenna system, and extension of completion date
from 6-30-41 to 180 days after grant.

1310 Kilocycles

KAND — Navarro Broadcasting Assn., J. C. West, Pres., Corsicana,
Tex. — Construction permit to make equipment changes and
increase power from 100 watts to 250 watts on 1310 kc.,
1340 kc. under NARBA.

1330 Kilocycles

WK.\T — A. Frank Katzentine, Miami Beach, Fla. — Construction
permit to use formerly licensed W.E. 310-B, 250-watt trans¬
mitter as auxiliary and install new crystal oscillator for
1330 kc. (1360 kc. under NARBA).

1350 Kilocycles

KWK — Thomas Patrick, Inc., St. Louis, Mo. — Construction permit
to change frequency from 1350 kc. to 680 kc., increase
power from 1 KW night, 5 KW day, to 50 KW, install new
equipment and directional antenna for day and night use,
and move transmitter. Amended to change requested loca¬
tion of transmitter and make changes in directional antenna
for day and night use.

KBWD — Wendell Mayes, Joe N. Weatherby, B. P. Bludworth,
and J. S. McBeath, d/b as Brown County Broadcasting Co.,
Brownwood, Tex. — Modification of construction permit (B3-
P-2672) for a new station, requesting approval of antenna,
installation of new transmitter, approval of studio site and
transmitter site, requesting 1380 kc. under N.ARBA.

1360 Kilocycles

KCRC — Enid Radiophone Co., Enid, Okla. — Construction permit
to move transmitter and studio, make antenna changes, in¬

stall new transmitter, and increase power from 250 watts to
1 KW, Class III-A station, and install directional antenna
for day and night use. Amended to request 1300 kc. under
NARB.A, make changes in directional antenna, and install
new transmitter.

1370 Kilocycles

WTSP — Pinellas Broadcasting Co., St. Petersburg, Fla. — Modifica¬
tion of construction permit (B3-P-2933) which authorized
new transmitter, changes in antenna, change in frequency
and increase in power, requesting change in type of trans¬
mitter, 1380 kc. under NARB.4, extension of commencement
and completion dates to 30 days after date of grant and 90
days thereafter.

1410 Kilocycles

NEW — A. M. Burton, Nashville, Tenn. — Construction permit for
a new broadcast station to be operated on 1380 lie., 1 KW,
unlimited hours, directional antenna for day and night use.
Amended: Requesting 1410 kc. under N.^RB.V and changes
in directional antenna.

1420 Kilocycles

WPAR — Ohio Valley Broadcasting Corp., Parkersburg, W. Va. —
Modification of construction permit (B2-P-2700) for new
transmitter increase in power, requesting new antenna
system, new transmitter, 1450 kc. under N.^RB.^, and
move transmitter, extend commencement date to 30 days
after grant and completion date to 180 days thereafter.

1440 Kilocycles

KDFN — Donald Lewis Hathaway, Casper, Wyo. — .Authority to
determine operating power by direct measurement of an¬
tenna power on 1470 kc. under N.4RB.A.

1550 Kilocycles

WQXR — Interstate Broadcasting Co., Inc., New York, N. Y. —
Modification of construction permit (Bl-PSB-13) as modi¬
fied for increase in power, move transmitter and new equip¬
ment, further requesting changes in equipment, increase
power from 5 to 10 KW, frequency from 1550 to 1560 kc.
under N.4RBA, extend commencement and completion dates
from 8-5-40 and 2-5-41 to 30 days after grant and 180
days thereafter respectively. Amended: Re directional
antenna.

FM APPLICATIONS

NEW — WHEC, Inc., Rochester, N. Y. — Construction permit for
a new high frequency broadcast station to be operated on
44700 kc. ; population, 551,374; coverage, 2,318 square
miles.

NEW — King-Trendle Broadcasting Corp., Detroit, Mich. — Con¬
struction permit for a new high frequency broadcast station
to be operated on 47300 kc. ; population, 2,564,008; cover¬
age, 6,900 square miles.

NEW — The Yankee Network, Inc., New York, N. Y. — Construc¬
tion permit for a new high frequency broadcast station to
be operated on 44700 kc.; population, 11,298,250; coverage,
8,500 square miles. Amended: To change location of studio.

TELEVISION APPLICATION

W2XMT — Metropolitan Television, Inc., New York, N. Y. — Modi¬
fication of construction permit (Bl-PVB-40) which author¬
ized a new television broadcast station, requesting extension
of commencement and completion dates to 6-1-41 and 1-1-42
respectively.

MISCELLANEOUS APPLICATIONS

K.4LW — Board of Education of The San Francisco Unified School
District, San Francisco, Calif. — Modification of construction
permit (BS-PED-14) as modified, for a new non-commercial
educational broadcast station, requesting extension of com¬
pletion date from 4-14-41 to 5-14-41.

NEW — The KANS Broadcasting Co., Portable-Mobile. — Construc¬
tion permit for a new relay broadcast station to be operated
on 30820, 33740, 35820, 37980 ke., 2 watts power, emis¬
sion A3.

WMEJ — The Metropolis Co., Portable-Mobile. — License to cover
construction permit (B3-PRY-219) for a new relay broad¬
cast station.

March 21, 1941— 273

FEDERAL TRADE
COMMISSION ACTION

COMPLAINTS

Federal Trade Commission has alleged unfair competi¬
tion against the following firm. The respondent will be
given an opportunity to show cause why a cease and
desist order should not be issued against them.

Sisco-IIaniilton C'()ni|)aii.v — A complaint has been issued
charging Sisco-Hamilton Co., 514 South Loomis St., Chicago,
with the use of lottery methods in the sale of candy.

The respondent, according to the complaint, sells to dealers
assortments of candy so packed and assembled as to involve the
use of games of chance, gift enterprises or lottery schemes when
the merchandise is sold to the consuming public. Push card
devices are used, the complaint alleges.

Charging that the respondent’s practices have been contrary to
Federal Government public policy and the Federal Trade Commis¬
sion Act, the complaint grants the respondent 20 days for filing
answer. (4471)

STIPULATIONS

During the past week the Commission has entered
into the following stipulations:

.■\lmkl()v’s Pharmacy — Four Cooperstown, N. D., individuals,
trading as Almklov’s Pharmacy, have entered into a stipulation
to cease certain representations in the sale of “X.E.M. Salve” and
“.Almklov’s Scalp and Hair Tonic.” The individual respondents
are Norman A. Hoel, Mrs. Wm. G. Cook, C. W. .Almklov, and
Sigurd Almklov.

Under their stipulation the respondents agree to cease dissemi¬
nating advertisements which represent that X.E.M. Salve is a
remedy or cure for eczema, barber’s itch, refractory cases of ring¬
worm, athlete’s foot, psoriasis, dandruff, or any itching skin
affections or eruption, or that this preparation will remove the
cause of these diseases or conditions or has therapeutic value in
their treatment in excess of affording symptomatic relief of itching
and irritation.

The respondents further agree to desist from advertising that
Almklov’s Scalp and Hair Tonic extirpates dandruff, cures itching
scalp, keeps the hair from falling out, or penetrates the skin to
extirpate the bacilli. (02752)

rj. FI. Sclienck & Son, Iiic., Philadelphia, distributor of “Ur.
Schenck’s Mandrake Pills,” has entered into a stipulation in which
it agrees to cease disseminating advertisements which fail to
reveal that the pills should not be used when abdominal pain
or other appendicitis symptoms are present, and that frequent
or continued use may result in dependence on laxatives. The
stipulation provides that such advertisements need contain only
a statement that the preparation should be used only as directed
on the label, if and when the label either contains a warning
of the consequences that may result from use of the product under
certain conditions or directs attention to a similar caution state¬
ment in the accompanying labeling. (02751 )

Siiiitli Ijaboratory, Iiic., 619 Lee Building, Kansas City, Mo.,
stipulated that it will cease advertising pharmaceutical products
for feminine hygiene designated “Colagyn Hygienic Vaginal Jelly”
and “(). M. 41 Hygienic Vaginal Jelly” as being depenflable,
reliable, or unfailing contraceptives. The respondent also agrees
to cease representing that these products constitute a competent
remedy fur certain diseases of women. (.1048)

274 — March 21, 1941

CEASE AND DESIST ORDERS

Commission has issued the following cease and desist
orders:

American Maize-Products Co., producer of glucose or corn
syrup unmixed, one of the principal products used in manufacturing
candy, has been ordered to cease and desist from price discrimina¬
tions in violation of the Robinson-Patman Act. The respondent
company has its headquarters at 100 East 42nd St., New York,
and a corn refining plant at Roby, Ind.

Commission findings are that the respondent, after increasing the
price of its corn syrup, has discriminated by selling it to some
purchasers at the former and lower price while concurrently
selling syrup of like grade and quality to other purchasers at the
new and higher price, the differences between the lower and higher
prices varying from five to 55 cents a hundredweight.

According to findings, the respondent also has discriminated by
selling and delivering to purchasers syrup of like grade and quality
in several types and sizes of containers at prices per hundredweight
which increase over the tank car price per hundredweight according
to the size and type of container. Such increases over the tank
car price, the findings continue, vary from 10 cents per hundred-
w'eight in the case of tank wagons, to $1.08 per hundredweight in
five-gallon kegs.

P'urther findings are that the respondent’s disciminations increase
the costs of the unfavored purchaser over the costs of the favored
purchaser directly as the amount of the discrimination between
them and as the syrup content of the candy w'hich they manu¬
facture increases; that the discriminations substantially lessen
competition between the favored and unfavored purchasers, and
that they tend to create monopoly in such favored purchasers,
and to injure, destroy and prevent competition with them.

The Commission order directs that the respondent cease and
desist from discriminating in price between different purchasers
of glucose or corn syrup unmixed of like grade and quality, either
directly or indirectly, in the manner and degree as found by the
Commission; from continuing or resuming such discriminations;
from otherwise discriminating in price in a manner and degree
substantially similar to the discriminations found, and from other¬
wise selling such product to some purchasers at a different price
than to other purchasers, where the effect may be to violate the
Robinson-Patman Act. (3805)

lieeman’s I.aboratory, Incorporated, 70 Central .Ave., S. VV.,
Atlanta, and two of its officers and a director, have been ordered
to cease and desist from disseminating certain misleading adver¬
tisements concerning their preparation “BQR,” advertised as a
cold remedy. The respondent officers are E. A. Rush and Mrs.
J. F. Rush, and the respondent director is H. C. .Allen.

Commission findings are that the respondent’s product is a
laxative with mild analgesic properties and has no curative action
on the underlying factors that cause colds.

Under the Commission order, the respondent is directed to
cease disseminating advertisements which represent that BQR is a
cure or remedy for colds; will prevent colds or cold infection;
has any curative value in connection with the underlying factors
which cause colds; or has any therapeutic value in the treatment
of colds in excess of that furnished by a laxative and a mild
analgesic. (4451)

Drug Frnlits, Iiir. — J. H. Camp, trading as J. H. Camp and
Drug Profits, Inc,, Ravenswmod, W. "Va., has been ordered to
cease and desist from certain misrepresentations in the sale of the
medicinal preparations “Phalene” and “Burtone.”

The order directs the respondent to cease disseminating adver¬
tisements which represent that Phalene is a liver tonic; has any
value in preventing premature aging, or has any value for remov¬
ing poisons from the system in excess of that afforded by an
ordinary laxative. The order also directs the respondent to
desist from representing that Phalene has any therapeutic value
in treating sick headache, nauseated stomach, loss of appetite,
aching muscles and joints, restless sleep, tired rundowm condition,
indigestion, or acid conditions, in excess of causing a laxative
action by the intestines and thus affording temporary relief when
such conditions are due to or symptomatic of constipation.

Under the order, the respondent is further directed to cease

representing that Burtone will correct faulty habits of elimination,
produce free organic action of the liver or lower bowel or free the
body of toxic poisons, or that this preparation has any therapeutic
value in the treatment of bilious attacks, stomach nausea, head¬
aches, indigestion, stomach gas, or sick, tired-out feeling, in excess
of affording temporary relief when such conditions are due to
constipation. (4446)

Healtli Kay Manufacturing Co., Inc., Deep River, Conn.,
has been ordered to cease and desist from disseminating mis¬
leading advertisements of its “Twin-Arc Health Ray Sun Lamp.”

Commission findings are that the respondent advertised, among
other things, that . 4 minutes with the New Twin-Arc Sun
Lamp is equivalent to one hour of sunshine.”

According to findings, the respondent’s lamp does not emit
sufficient angstrom units of ultraviolet rays to be classed as a
sun lamp but instead is what is known as a therapeutic lamp.
Its therapeutic value, according to findings, is limited to the
possible destruction of bacteria when present on the surface of
the skin.

The Commission order directs the respondent to cease dissemi¬
nating advertisements which represent that its device is a sun
lamp emitting ultraviolet rays comparable to those of natural
sunlight, or having the same wave-lengths or an intensity equal
to or greater than the ultraviolet rays of natural midsummer sun¬
light; that the device is suitable and safe for home use by laymen
for treating diseases without the supervision of a competent
physician; that its home use will help build strong bones and teeth,
tone up the system, act as a tonic and stimulate the glands, and
that its use constitutes a cure or remedy for athlete’s foot and
for acne, pimples, and surface skin eruptions, and will build up
the bodily resistance or improve health.

The Commission order further prohibits the dissemination of
advertisements which fail to reveal that the unsupervised use of
the respondent’s device by persons neither trained in its operation
nor skilled in diagnosing and treating disease, may result in severe
burns and other serious injury to health. (4408)

Lessing Hat Co., Inc., Third and Mercer Sts., New York, and
Joseph Loring, its president, who also is in business at the same
address under the name of Loring Hat Co., has been ordered to
cease and desist from misrepresentations in the sale and distribution
of hats and caps.

The order directs the respondents to cease representing in any
manner that hats or caps made in whole or in part from old, used
or second-hand materials are new or are composed of new
materials.

The order further prohibits the respondents from representing
that hats or caps manufactured in whole or in part of used or
second-hand materials are new or are composed of new materials,
by failure to stamp on the sweat bands in conspicuous and legible
terms which cannot be removed or obliterated without mutilating
the sweat bands, a statement that the products are composed of
second-hand or used materials. The order provides further that
if sweat bands are not affixed to the hats or caps then the stamping
must appear on the bodies of the hats or caps in conspicuous
and legible terms which cannot be removed or obliterated without
mutilating the bodies. (4243)

National Mineral Co., trading as Helene Curtis Industries,
2638 North Pulaski Rd., Chicago, has been ordered to cease and
desist from certain misrepresentations in the sale of a cosmetic
oil known as “Helene Curtis Duchess Machineless Oil Wave,” and
as “Helene Curtis Duchess Machineless Oil Solution,” and of a
cosmetic device designated “Helene Curtis Duchess Machineless
Pads.”

The order directs the respondent to cease and desist from dis¬

seminating advertisements which represent that the cosmetic oil
has properties effective in supplying nourishment or strength to the
hair, or causing hair to grow; that this preparation will nourish
or invigorate the hair roots or hair shaft, and that it is the original
machineless oil wave, and to cease representing that the respondent
manufactures this preparation, unless it controls a factory wherein
the product is made.

Under the order, the respondent is further directed to cease
advertising that the cosmetic pad product contains a thermostatic
device or that it will control or regulate heat, or do more than
indicate temperature changes. (4185)

Kiitli Gowns, Iiu*., 498 Seventh Ave., New York, has been
ordered to cease and desist from representing that its dresses and
other wearing apparel for women are composed of fibers or mate¬
rials other than those of w’hich such products are actually composed.

The order further directs the respondent corporation to cease
advertising, offering or selling fabrics, garments, or other products
composed in whole or in part of rayon wdthout clearly disclosing
such rayon content. According to the order, when such fabrics
or products are composed in part of rayon and in part of other
fibers or materials, all of such fibers or materials, including the
rayon, are to be set forth in immediate connection w'ith each other
in letters of at least equal size and shall truthfully designate each
constituent fiber or material.

Commission findings are that the respondent’s failure to disclose
by tag or label the rayon content of its products tended to deceive
buyers into believing that its products were silk. (4426)

Victoria Cliemical Company — Four New Jersey corporations
and one New York corporation engaged in the sale of medicinal
products, and nine individual officers of the corporations, have
been ordered to cease and desist from disseminating false adver¬
tisements of a medicinal preparation designated “Anti-Drink.”

The respondents are: Victoria Chemical Co., and Schwarz Drug¬
gists, Inc., 887 Broad St., New'ark, N. J.; Schwarz Drug Co., 563
Bloomfield Ave., Bloomfield, N. J.; Schwarz Drug Stores, Inc.,
457 Clinton Ave., New'ark; Hiram Schwarz, Inc., 138 Main St.,
White Plains, N. Y.; and Sarah Schwarz, Esther Schwarz, Joel J.
Schwarz, Samuel Schwarz, Ira L. Schwarz, Sylvan Schwarz, Hiram
Schwarz, Oscar Katz and Jacob Eisen, officers of the respondent
companies.

Commission findings are that contrary to representations made
or implied by the respondents in their advertisements, their prepara¬
tion is not a cure, remedy or competent treatment for the liquor
habit, and is not safe for use as it contains the drug tartar emetic
in sufficient quantity to cause serious injury to health if used under
conditions prescribed in the advertisements or under customary
or usual conditions.

The Commission order directs the respondents to cease dis¬
seminating advertisements which represent that their preparation
is a cure, remedy or a competent or effective treatment for alco¬
holism or the liquor habit ; that its use will eradicate the desire
for alcoholic stimulants, and that the preparation is harmless, or
may be safely used, or which advertisements fail to reveal that
use of the preparation may result in inflammation of the stomach
and intestinal tract and disturbance of the heart and nervous
system. (4403)

FTC CASE CLOSED

The Federal Trade Commission closed its case against LTnion
Concession Company, 456 South State St., Chicago, without prej¬
udice to its right to resume proceedings, should the facts so
warrant. The respondent had been charged with the use of lottery
methods in the sale of candy. According to information received
by the Commission, the respondent corporation was dissolved on
January 30, 1941.

March 21, 1941 — 275

•7 ~

"^Y

i

December 1940 Broadcast Advertising Unit Report

Broadcast Advertising Unit Volume as reported by 220 stations
and the three national networks for the month of December totaled
3,741,133 program units and 328,475 announcement units. There
is an indicated increase in both announcement and program units
from the month of November, although direct comparison does not
exist between the December report and that of November, which
included 203 stations and the major networks. Direct comparison
does exist in the report for national networks. The December
program unit total for national networks is 2,565,845. It repre¬
sents an increase of 3.8% from the November total 2,452,390
program units. . ,

The report is complete for national networks, including the
business of the Columbia Broadcasting System, the Mutual Broad¬
casting System and the National Broadcasting Company. Regional,
national, non-national network and local business are not complete
for the entire industry; the figures represent the total of such busi¬
ness placed on the 220 stations reporting.

On the last page of this analysis, there appears a complete roster
of the 220 stations reporting their December business. There is
also included in the list eight additional stations which submitted
reports for the month, but from which data were not received in
time for inclusion in this tabulation.

One hundred and ninety-eight of the stations reporting Decem¬
ber business were included in the November tabulaUon. Twelve
stations reporting in November failed to report in December.
Thirty stations reporting in December were not included in the
November tabulation, but of the 30, ten had reported for October.

It is obvious that there is not a constant sample between the
two months and, therefore, absolute comparison is not possible
There is in evidence a definite upswing in station cooperation and
interest in the “Broadcast Advertising Unit Report.” It is hoped
now that increasing numbers of stations will cooperate in furnish¬
ing their basic data in the early months of 1941, so that a constant
sample between months can be had and the task of projecting
industry totals can be undertaken.

Indicated Trends

As mentioned above, there exists absolute comparison. November
to December, for national network business. All ot the national
network accounts reported in both November and December were
in the “General” advertising classification. The total for the month
of December was 3.8% above that reported for November. De¬
cember business in the Automotive classification was up 647o ; in
Building Materials up 84%; in Confections increased 10.s%;
Financial increased 6%; Groceries rose 5.5%; Housing Equipment
and Supplies increased 12%; Industrial up 14%; Insurance in¬
creased 15%; Jewelry and Silverware increased 25%; Medical
rose 7.5%; Miscellaneous accounts rose 81% (largely frorn new
business in Chamber of Commerce and Merchants Associations
classification); Public Utility increased 26%; Publications was up
slightlv; Religion increased 27%; Tobacco increased &%; Toilet
Requiktes rose 18%; and Transportation rose slightly. Those ac-
counts which decreased from November to December are Political,
which dropped from 178,230 units in November to zero for De¬
cember, and Wearing Apparel, which decreased 18%.

Interpreting the above, it must be borne in mind that the De¬
cember thirty-one-day month is compared with November, a
thirty-day month. Also, allowance must be made for Sunday,
Monday and Tuesday occurrence five times in December, as com¬
pared with Saturday and Sunday five-day occurrence in No¬
vember.

Although direct comparison is not possible for station business
other than national network, some trends are indicated. There is
evidence of an increase in both program and announcement units
in Retail advertising and a decline in both program and announce¬
ment units in General advertising. In the Retail classification, pro¬
gram units increased for all sources of business, but announcement
units declined on regional networks and increased in national non¬
network (national spot) and local. In General advertising, all
business sources declined except program units placed locally.

The most noted increases, November to December, in Retail
advertising occurred in Automotive, Bakeries, Building Supplies
and Contractors, Clothing Stores, Department Stores (up sharply —
both program and announcement units). Educational, Furniture
and Home Furnishings, Hotels and Restaurants, Jewelers, Mer¬

chandise Chains (in both program and announcement units).
Musical Instruments, Office Equipment, Radio, Real Estate, Sta¬
tioners, and Beauty Shops (showing a shift from announcement to
program units).

Retail classification losses were sustained in Boots and Shoes,
Dairies, Drug Stores (down in program units, up in announcement
units). Electric and Gas Appliances and Supplies, Grocer and Food
Stores, Heating and Plumliing and Sporting Goods.

General advertising gains were found in Alcoholic Beverages;
Amusement (program units increase, offset by a substantial loss
in announcement units). Education, Financial, Industrial, Insur¬
ance, Public Utility, Publication, Religion, Radio, Tobacco, and
Transportation.

General advertising losses were sustained in .Agriculture, .Auto¬
motive (off in program units, up slightly in announcement units).
Building Materials (off in program units, up in announcement
units). Grocers (off in both program and announcement units).
Housing Equipment and Supplies, Medical, Miscellaneous, Political,
Publications (off in program units, up slightly in announcement
units). Sporting Goods, Toilet Requisites, Wearing .Apparel (off in
program units, off sharply in announcement units) and Watches
(off sharply in program units and slightly in announcement units).

How to Use It

Capitalize on the indicated trends. In this report is
e.xcellent sales argument for selling time to advertisers in
those classifications showing an up trend. .Also, the signal
is on those classifications which need special attention in
sales service to hold your accounts, where the industry
trend is off.

The positive check on your own situation is to analyze
your own station's business against all stations of like
classification as found in Table III, and also to compare
your business with that placed in cities of the approxi¬
mate size of that in which you operate, as found in
Table IV.

The Legend

.A program unit equals one minute of program time. .An an¬
nouncement unit is equal to one announcement, unless the time
consumed is one and one-half minutes or longer, in which case the
units are calculated to the nearest number of minutes.

.Advertising business placed in radio is classified under two major
headings — “Retail” and “General.” Retail advertising is defined
as the advertising placed by businesses which sell direct to con¬
sumers. General is that advertising placed by businesses which
sell for resale and not direct to consumers.

In Retail advertising the analysis presented here classifies retail
businesses according to their principal retail line. No attempt is
made to classify according to specific product advertised. This
classification is most useful to the broadcasting industry since
advertising is placed by the individual retail store and such buying
units as have similar business are grouped together.

In General advertising the classification is primarily an analysis
of the products advertised by businesses engaged in selling to others
for resale. The significance of this to the radio industry is that
advertising campaigns are carried for individual products and in
this analysis similar products are grouped together. .Also included
in the general classification are such service businesses as Financial,
Insurance, Professional and Service, and Transportation which,
because of their nature, could not properly be considered retail.

Future Reports

.As stated in the “October 1940 Broadcast Advertising Unit
Report,” subsequent releases of the Unit .Analysis will be given in
summary form only in the N.AB Reports. Complete detail will be
furnished to those stations cooperating in this undertaking by sub¬
mitting monthly business data.

March 21, 1941 — 2 7 7

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278 — March 21, 1941

li ii 8i ss is ii si m IS gs- iSsSsillSS Si 11 Si is IS If i

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Si Ss SS is

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March 21, 1941 — 279

GENERAL ADVERTISING UNITS

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280 — March 21, 1941

ii Siiisii gliss Si gi i iB -- iiiiiS gsssssg g3?:| 52 1 §

«-cf - i ; cf «-

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Ss SS Bs iiigsis iii i-i sSli iil Ssli-sg Silii ig ss ; iS i i Slisli siiBli SiisiSi is ii Si I ^

SSg ** 111 2:

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s

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March 21, 1941 — 281

TABLE III

STATION BROADCAST ADVERTISING (OTHER THAN NATIONAL NETWORK)
BY TYPE OF SPONSORING BUSINESS AND BY CLASS OF STATION

CO -r m o I ic CN o

s ill

sg ii sBSii i§ SiSSII sS 31 SI li 31 Ss le is ii ss 3i SI

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SI gi 3§” ii SS iiiiiS II SS gs sg 8g il Ss ii ii Sa

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4

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s

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15

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i i ; i i i i “ i

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w ci eo CO »’ CO*" ^

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TS'* •^' ' I -S'* 10 ID |0 -sj' »0 C'i' o" ,4 ^ 00 GO « <M* 'O lO 00 ® 00

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282 — March 21, 1941

325 igS5S|Sigg Si i| p_ Si SS if if i

^ ! ic cm" tjT --r »-r .— N w iH — g

gi i iSSfsiigii S2 ii Ss Si ss ss HS I

Qp-ro I Ico" CS*C,-r oo'oo' ncm" w'cm" ^■'i-T «

i

gi5 igasgg^iii gg ii 31 |s ii gg ss g

1 c^" CM f-T ^ -H ^

Si i iiiiiisisS S2 Si SS Si il Si IS S

^ .-T I 1 ^ i-T cm" oT w" cm" «

8 gg SS

s;s gs

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ii i iSiii i^i ii Si i i Si is sS 2§ n

. 1 1— T CO I I ^ I— 1 I I ^

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r.- . N N e

I ;iPs§li SS ig Si gg If ii |g I

00 I ^ CO CM lO W €*3 ^ ^ I— (

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GENERAL ADVERTISING UNITS

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439

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M* I r-C I > r-.' CO --r CM* ‘ ^ r-T

i i ii si 11 imm si iisssigaiisiis i i sii-sigi^

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284 — March 21, 1941

ss S5 ! i u iiilsii r- sg

,H rH" 1 I M « ■ «9 « Ci

eiii- i§ gs i is -s iiiiiH sss^ig gsnssg gs^i 22 g

« II N -f -■ c-f n cf * «

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SiSiig SsiSfg S-iSisi Si 11 SS I

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52 :

ga

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ss s-3 : 1

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ii i ! 8i g

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1,149
1, 149

67

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11 1 1 1 I I 22 §88 1

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1.15

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i ■ I 'l l 'SsSSsS ^giii "'SSgggs “"saggsg "“sagg “g “sags

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March 21, 1941—285

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w (n' eo' I I t'* eo CO • I i-T

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BROADCAST

DISTRICT 1

Connecticut
WICC — Bridgeport
WDRC— Hartford
WTHT— ”

WTIC—

WELI — New Haven
Maine

WCOU — Lewiston
WCSH— Portland
Massachusetts
WAAB — Boston
WBZ—

WFEI—

WNAC— ”

WSAR— Fall River
WOCB — near Hyannis
WLAW — Lawrence
WLLH— Lowell
WBZ A — Springfield
WORC — Worcester
New Hampshire
Rhode Island
WEAN — Providence
Vermont

WCAX — Burlington

DISTRICT 2

New York

WABY — Albany
WOKO— ”

WENY— Elmira
WHCU— Ithaca
WJTN — Jamestown
WGNY — Newburgh
WABC— New York City
WEAF—

WINS—

WJZ—

WQXR—

WHDL — Clean
WHAM — Rochester
WHEC—

WHAZ— Trov
WTRY— ”

WIBX— Utica
WFAS— White Plains

DISTRICT 3

Delaware
New Jersey

WSNJ — Bridgeton
WCAM — Camden
Pennsylvania

WHJB — Greensburg
WHP — Harrisburg
WJAC — Johnstown
KYW — Philadelphia
WCAU—

KDKA — Pittsburgh
KQV—

WARM — Scranton
WGBI—

WBAX — Wilkes-Barre

DISTRICT 4

District of Columbia
WJSV — Washington
WMAL—

WOL—

WRC—

Maryland

WBAL — Baltimore
WCBM—

WFBR—

STATIONS COOPERATING
in the

ADVERTISING UNIT VOLUME REPORT— DECEMBER 1940

WTBO — Cumberland
WBOC — Salisbury
North Carolina
WWNC — Asheville
WBT— Charlotte
WBIG — Greensboro
WGTC — Greenville
VVPTF— Raleigh
WSTP — Salisbury
WSJS — Winston-Salem
South Carolina
WIS — Columbia
Virginia

WGH — Newport News
WTAR— Norfolk
WPID — Petersburg
WRNL — Richmond
West Virginia
WJLS— Beckley
WMMN — Fairmont
WSAZ — Huntington
WPAR — Parkersburg
WWVA — Wheeling

DISTRICT 5

Alabama

WSGN — Birmingham
Florida

WDBO— Orlando
Georgia

WGPC— Albany
WAG A — Atlanta
WSB—

WRBL — Columbus
WBML — Mason
WMGA— Moultrie
WSAV — Savannah
WTOC—

Puerto Rico

DISTRICT 6

Arkansas

KFPW— Fort Smith
KARK — Little Rock
KLTOA — Siloam
Louisiana

KTBS — Shreveport
KWKH—

Mississippi
Tennessee
WOPI— Bristol

DISTRICT 7

Kentucky

WLBJ — Bowling Green
WAVE— Louisville
WHAS—

Ohio

WAKR— Akron
WJW—

WCKY — Cincinnati
WLW—

WSAI—

WCLE— Cleveland
WGAR—

WTAM—

WBNS— Columbus
WCOL—

WHIO — Dayton
WLOK— Lima
WPAY — Portsmouth
WSPD— Toledo
WTOL— ”

WFMJ — 'Voungstown
WHIZ — Zanesville

DISTRICT 8

Indiana

WGL — Fort Wayne
WOWO-

WFBM — Indianapolis
WIBC—

WIRE—

Michigan

WELL — Battle Creek
WTR — Detroit
WWJ— ”

WKZO — Kalamazoo
WKBZ — Muskegon

DISTRICT 9

Illinois

WBBM— Chicago
WENR—

WLS—

WMAQ-
WCLS— Joliet
WMBD — Peoria
WTAD— Quincy
WROK — Rockford
WHBF— Rock Island
WDZ — Tuscola
Wisconsin

WCLO — Janesville
WMAM — Marinette
WEMP — Milwaukee
WTMJ—

WRJN — Racine
WHBL — Sheboygan
WSAU — Wausau

DISTRICT 10

lOW'A

WMT — Cedar Rapids
KRNT — Des Moines
KSO—

WHO—

WKBB — Dubuque
KM A — Shenandoah
Missouri
KFRLl — Columbia
KMBC — Kansas City
WDAF-
KM OX — St. Louis
WIL—

Nebraska

KGFW — Kearney
KFAB — Lincoln
KFOR— ”

KOIL — Omaha
WOW— ”

DISTRICT 11

Minnesota
WCCO — Minneapolis
WTCN—

KFAM — St. Cloud
KSTP— St. Paul
North Dakota
South Dakota
KABR — Aberdeen
WNAX — Yankton

DISTRICT 12

Kansas

KGNO — Dodge City
KCKN — Kansas City
KSAL — Salina
KFBI— Wichita

290 —March 21, 1941

Oklahoma

KOCY — Oklahoma City
KTOK—

ROME — Tulsa

DISTRICT 13

Texas

KGNC— Amarillo
KFDM — Beaumont
KRIC—

KRIS — Corpus Christ!
RAND — Corsicanna
WFAA— Dallas
KFPL— Dublin
KGKO— Fort Worth
WEAR—

KPRC — Houston
KPDN — Pampa
KPAC — Port Arthur
WOAI — San Antonio
KRGV — Weslaco

DISTRICT 14

Colorado
KFEL — Denver
KOA—

KIUP — Durango
Idaho

KIDO — Boise
KRLC — Lewiston

Montana

KFBB — Great Falls
KGVO — Missoula
Utah

KVNU— Logan
KDYL — Salt Lake City
KSL—

Wyoming

K W Y O — Sheridan

DISTRICT 15

California
KHSL — Chico
KMJ — Fresno
KY OS — Merced
KROW — Oakland
KFBK — Sacramento
KROY—

KGO — San Francisco
KJBS—

KPO—

KYA—

KQW — San Jose
KWG — Stockton
KHUB — near Watsonville
Hawah

KGMB — Honolulu
Nevada
ROH — Reno

DISTRICT 16

Arizona

ROY — Phoenix
KYUM— Yuma
New Mexico
RICA — Clovis
California

KFOX — Long Beach
KECA — Los Angeles
KFI—

KNX—

DISTRICT 17

Alaska

Oregon

KALE — Portland
KOIN—

KWJJ— ”

KRNR — Roseburg
Washington

KVOS — Bellingham
KIRO — Seattle
KJR—

ROMO— ”

KFPW — Spokane
KGA—

KHQ—

K\T — Tacoma
KUJ — Walla Walla
KIT — Yakima

March 21, 1941 — 291

• JS

<'

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i

►

8

J

1626 K STREET, N. W.

WASHINGTON, D. C.

Vol. 9, No. 13, March 28, 1941

THE WEEK IN WASHINGTON

The NAB Board of Directors adopted a ringing reso¬
lution against any legislative or administrative act im¬
pairing the right of broadcasters to have complete control
of programs, business management, and operating policies,
(p. 293).

BMI announced that its music will be made available
without charge for use in National Defense programs,
(p. 293).

Advance reservations for the NAB’s St. Louis Conven¬
tion, May 12-15, are the heaviest in history, (p. 295).

Broadcasters are urged to maintain their “Movin’ Day”
promotion well into April, (p. 296).

A federal judge in IMinnesota upheld the Wage and
Hour Divisions’ method of computing overtime. Editor
and Publisher condemned the attack on radio by the print¬
ing trade unions. (pp. 296-297).

The FCC held a three-day hearing on the status of
television, (p. 298).

The FCC renewed a great majority of the domestic
standard broadcast station licenses which automatically
e.xpired IMarch 29. The Mexican Government approved
with no charge, a list of frequency reallocations to i>.Iexi-
can stations, drafted at the international meeting here
last January. Ray C. Wakefield, of California, was
sworn in as a member of the FCC. (p. 300).

Broadcasters Insist Radio
Must be Free

Neville Miller, president of the National Association
of Broadcasters, this week made public the following

resolution adopted last week by the association’s board
of directors:

“Whereas the philosophy o£ American broad¬
casting as expressed in decisions of the Supreme
Court of the United States and the applicable stat¬
utes, envisages control of programs, of business
management and of policy in the broadcaster and
not subject to the supervisory control of the gov¬
ernment :

“Now therefore BE IT RESOLVED: That in
order to preserve the freedom of radio in accord¬
ance with the pattern of democracy, the Board of
Directors go on record as opposing any legisla¬
tive or administrative action which directly or
indirectly impairs the rights (which it believes to
be guaranteed by statute) of broadcasters to have
complete control of programs and program mate¬
rial, business management and operating policies,
and further goes on record as being in favor of any
legislative or administrative action which strength¬
ens such rights.

“And be it further RESOLVED : That the Presi¬
dent and Executive Committee be directed to take
appropriate action to the end that such rights may
be adequately protected.”

BMI

BMI MUSIC AVAILABLE FOR NATIONAL
DEFENSE

BMI has announced that its music will be made
available without charge for use by public or private

(Continued on page 294)

You Can’t Afford to Miss the NAB Convention

May 12, 13, 14, 15

New Jefferson Hotel St. Louis

March 28, 1941 — 293

Neville Miller, President C. E. Arney, Jr., Assistant to President

Edward M. Kirby, Director of Public Relations ; Joseph L. Miller,
Director of Labor Relations ; Paul F. Peter, Director of Research ;
Russell P. Place, Counsel; Lynne C. Smeby, Director of Engineering

BMI

( Continued from page 293 )

authorities sponsoring national defense drives over the
air.

Use of the music, either by transcriptions or orchestra,
is thus made available to all departments of the Govern¬
ment, to states and municipalities, and to sponsors who are
contributing commercial time on the air to the cause of
national defense.

Among the many patriotic songs, new and old, which
are thus made available are; American Festival March,
American Guard March, Bugle Call Rag, and Marines’
Hymn.

The grant of free license also includes new arrangements
of Yankee Doodle, Columbia, the Gem of the Ocean, Battle
Hymn of the Republic, and many others.

NEW MOVIE TAKES BMI SONG AS
FEATURE

Madame Will Drop Her Shawl has been adopted as the
feature song in the new fdm called South of Panama in
which Roger Pryor and Virginia Vale have the leads. The
picture is the work of J. H. Richmond Productions, Inc.,
and is scheduled for release on April 15. BAII is putting
a new edition of the song out with a title page identifying
it with the motion picture. The music of the song was
written by Herb Pine, trombonist in the Hellzapoppin’
orchestra, and the words by Sam Brown, announcer for
WMCA.

BMI GIVES TAVERNS A THEME SONG

Friendly Tavern Polka, just released by BMI puts
every tavern man's ideal into song. It was written by
two members of Horace Heidt’s band, which introduced
it and is featuring it with great success. The number has
already been recorded by Horace Heidt (Columbia
No. 36006). There are other recordings scheduled for
future release by Frankie IMasters, Teddie Powell, and
Sammy Kaye.

“The taverns have certainly been friendly to BIMI,”
says M. K. Tomjrkins, BMI \uce-Presiflent. “We are
returning the compliment by i^ruinoting a song that ought
to 1)0 worth a million dollars in good will to them. We

believe it is destined to be one of the top hits of 1941 and
we hope the taverns will make it their theme song from
coast to coast.”

The words of the song are:

Music is playing, dancers are swaying; laughing away each care.
Down at the FRIENDLY TAVERN, ev’ry one’s happy there.
Lights are all twinkling, glasses atinkling; romance is in the air.
Down at the FRIENDLY TAVERN, nothing else can compare.
There’s where we’ll find good cheer; meet the friends we hold so
dear;

Round up the old quartet, and sing a song together.

Time to get started, gay and light hearted. No need to ask us
where !

Down at the FRIENDLY T.VVERN: ev’ry one’s happy there!

So

Fill up your steins, boys.

We’ll give a toast and then we’ll drink ’em down.

At the FRIENDLY T.4VERN they’ll always buy a round, —

So come on;

Music is playing, dancers are swaying, laughing away each care.
Down at the FRIENDLY TAV'ERN, ev’ry one’s happy there.
Time to get started, gay and light hearted. No need to ask us
where.

Down at the FRIENDLY T.WERN, ev’ry one’s happy there!

Frank De Vol, the composer, and Jerry Bowne, the
author, are both members of Horace Heidt’s Musical
Knights and the Friendly Tavern Polka is their first song.
Mr. De Vol, born in West Virginia and raised in Ohio,
is an arranger who has prepared orchestrations for the
Lucky Strike programs, Ben Bernie, Standard Transcrip¬
tions, King Sisters, Alvino Rey, and for various bands
he had played with. He can play nearly every instrument
in the orchestra. Once while he was on the stage with
Horace Heidt his music fell down and in trying to recover
it he knocked instruments over until everything was in
such a mess that he clowned the number through. He
did this so successfully that he brought down the house
and thus accidentally created a comedy number which he
had to repeat at every show.

Jerry Bowne is Heidt’s trumpeter and vocalist and sings
his own song on the Heidt record. He was graduated from
the University of California in 1929, has been featured
soloist on numerous radio programs and in the movie,
Pot O' Gold, and has toured both this country and Europe
with the Heidt band.

Once in a Monte Carlo restaurant he aimed a hard
French roll at Horace Heidt and hit the King of Denmark
instead. Since His IMajesty seems to have taken the
bun in the spirit in which it was sent, the episode may
help to e.xplain how these songwriters have been so suc¬
cessful in putting the contagious good humor of a “friendly
tavern” into music.

BMI MUSIC HOLDS POPULARITY LEAD

The Billboard music popularity chart for the week end¬
ing March 21st shows fourteen out of fifteen sheet music
best sellers, eight out of eleven coin machine leaders, and
eight out of the ten best sellers in records are in the BMI
catalogue. Variety shows thirteen out of fifteen sheet
music best sellers and si.x out of ten on the coin machines.

294 — March 28, 1941

BMI FEATURE TUNES
March 31 -April 7

1. WALKIN’ BY THE RIVER

2. WISE OLD OWL

3. HIGH ON A WINDY HILL

4. YOU WALK BY

5. HERE’S MY HEART

6. FRIENDLY TAVERN POLKA

7. IT ALL COMES BACK TO ME NOW

8. MAY I NEVER LOVE AGAIN

9. I CAN’T REMEMBER TO FORGET

10. G’BYE NOW

11. LOAFING ON A LAZY DAY

12. WHAT D’ YA HEAR FROM YOUR HEART

13. LET’S DREAM THIS ONE OUT

14. TALKING TO THE WIND

15. BREAKFAST FOR TWO

16. STONE’S THROW FROM HEAVEN, A

17. WITH A TWIST OF THE WRIST

18. WHERE’S THE CAPTAIN’S HAT

Now Ready — what promises to be 1941’s biggest
song hit — My Sister and I

and of the twenty leaders on the radio Billboard shows
nine of BMI’s own publications and eleven from affiliated
catalogues.

PHONOGRAPH OPERATORS PLUG BMI
TUNES

The operators of coin phonographs in Cleveland, Ohio,
through their organization. The Phonograph Merchants
Association of Cleveland, give special promotion to one
song every month. The tune selected is put in the number
one spot on their machines and is also featured in display
advertising and in the newspapers. Their first choice
was I Hear a Rhapsody. As the hit tune for April they
have chosen Yours, a Marks publication, which has been
recorded by Jimmy Dorsey (Decca No. 3656).

KAY GETS CAPTAIN’S HAT

visit to Fort Devens inspired the current song hit
Where’s the Captain’s Hat? , according to Kay Twomey,
whose latest song is fast becoming the singing tune of the
.\rmy camps of the country and is being featured by
Horace Heidt, Ben Bernie, Art Kassel, and other out¬
standing band leaders. Lee Wainer and Bob Sour col¬
laborated with Miss Twomey in writing this song.

Miss Twomey is accustomed to prizes and public
honors. Before she began writing songs she won a beauty
prize as Miss Palm Beach and posed as model for several
well known illustrators. On April 3, over NBC, Horace

Heidt will honor her during the broadcast. A delegation
of the military from Governors Island is expected to be
present in the studio when she is presented with a Cap¬
tain’s hat.

NAB Convention

Promotion Exhibit Question Box No. 2

Question: Will NAB offer awards in the promotion
exhibit at the St. Louis Convention, May 12 through
15?

Answer: Yes. .4 board of fudges will make honor¬
ary awards for the best entry in each of the seven
classifications.

Question: Will the exhibits be returned?

Answer: Yes, under certain restrictions. Please see
formal bulletin sent out by NAB February 17.

Question: Will many stations bring motion pictures?

.Answer: Yes. At least three stations have indicated
that they will bring sixteen millimeter film to St.
Louis.

Question: Is it necessary that they bring their own
projection equipment?

.Answer: No. .Arrangements have been made to have
a projector and a special room for showing these
films. Stations will be charged a pro-rata charge for
each showing.

The closing date for entries is May 3. Shipment is
to be made to the New Jefferson Hotel, St. Louis,
c/o NAB Promotion Exhibit Committee.

EARLY ARRANGEMENTS ADVISED

From the way transportation companies, railroads and
airlines have displayed interest and from the advance re¬
quest for reservations at St. Louis hotels, cleared through
the Housing Committee, it is quite evident that attend¬
ance at the Nineteenth Annual Convention, Hotel Jeffer¬
son, St. Louis, May 12 to 15, is going to be “tops.” Those
who are planning to go and who have not yet made their
transportation and hotel arrangements should give these
matters the earliest attention. There are certain to be
some disappointments in any event, but early attention
will cut these to a minimum.

The program plans are developing and a really worth¬
while business, as well as entertainment, session is prom¬
ised. No broadcaster can afford to miss the -St. Louis con¬
vention.

March 28, 1941 — 295

Keep Promoting !

1. Maintain promotion well into April.

Preliminary check indicates that listeners are re¬
sponding to the explanation that stations are chang¬
ing wave lengths in order to improve program re¬
ception throughout the PTnited States, generally.

2. Don't be unduly alarmed by any complaints
you may receive the first week, even the second or
third week.

But keep a log of complaints in order to de¬
termine whether they are justified. After analyses,
such information will reveal any situation that does
need correction. FCC Chief Engineer Jett has stated
publicly that listeners should give reallocation a
fair trial and not write Washington.

Two hundred ninety individual stations provided data
for inclusion in “56 Days”. This brochure was mailed
to agencies and all stations Thursday, March 27.

Stations not listed on the inside of the back cover were
omitted for one of two reasons — their data was not mailed
or it did not make the deadline. That fact is explained
in the copy.

The center spread lists the Governors of 47 states and
Puerto Rico, who issued Movin’ Day proclamations. The
page following lists 124 cities whose Mayors issued proc¬
lamations. This list is naturally not complete.

A total of 10,042,500 Movin’ Day stuffers, leaflets and
post cards were delivered into homes by first class mail
through arrangements with electric, gas, telephone and
water companies.

Reallocation messages were delivered into 29,300,000
homes by air. Twenty-four thousand seven hundred five
spots, 23,036 station breaks, 1,863 local programs, 4,138
news items were broadcast by the reporting 290 stations.
These stations played the Movin’ Day Theme 1,524 times.

A minimum of 500 additional station programs were
added through broadcast of special CBS, MBS and NBC
programs.

Reporting stations indicating that 361,326 lines of ad¬
vertising were scheduled. The event was backed addi¬
tionally by 1,960,762 logs, 14,136 letters, 2,070 trailer
showings, 8,176 car and bus cards and 11,081,950 leaflets
and printed pieces of all kinds. A color page in March 29
Saturday Evening Post, sponsored by RCA, told listeners
to “Call a Serviceman NOW to reset your radio push¬
buttons!”

Prairie Earmer carried 3 color pages, the Farmer Stock-
man carried copy as did t'alifornia Rural Press, California
Grange publication and California State Employee’s maga¬

zine. Newsweek of March 31 had a reallocation story on
pages 60 and 61.

Radio Guide, appearing on the news stands March 26,
had a three-inch strip diagonally across the front cover.
Inside was a full page story and a complete log of every
station in the Plnited States by call letters. Next week
Radio Guide will publish a log of all broadcasting stations
by kilocycles.

The President’s address over four combined networks
and a large number of individual stations Saturday night
will prove especially valuable in educating listeners to
new dial locations.

Since this is the first day of reallocation everybody will
be listening to the President at new dial positions for the
first time.

Arriving too late for inclusion in “56 DAYS” was the
information that Mayors of the following cities have
issued proclamations;

.Albuquerque, N. M.

Evansville, Ind.

Houston, Tex.

Sherman, Tex.

Walla Walla, Wash.

Wausaw, Wis.

West Point, Ga,

The past week brought five out of six of the non-pro-
claimed states in into the proclamated column. All districts
but one closed the campaign season with 1.000% and
the exception was almost perfect with a standing of .800.
Newly reported Governors, their states and the industry
contact are:

DEL.AW.ARE— Gov. Walter W. Bacon
.Arranged bv J. Gorman Walsh, WDEL, Wilmington
NEW JERSEY— Gov. Charles Edison
.Arranged bv .Alfred J. McCosker. WOR, New York
PENNSYLVANLA— Gov. Arthur H. James
.Arranged bv Dr. Leon Lew, WC.AU, Philadelphia
RHODE ISLAND— Gov. J. Howard McGrath
.Arranged bv John J. Bovle, WJ.AR, Providence
WISCONSIN— Gov. Julius P. Heil

.Arranged by H. H. Born, WHBL, Sheboygan, and James F.

Kyler, WCLO, Janesville

Labor

COURT UPHOLDS WAGE AND HOUR
DIVISION ON OVERTIME

Judge Matthew A. Joyce in the Finited States District
Court for IMinnesota has upheld the Wage and Hour Di¬
vision in its contention that overtime must be based on
the regular rate of pay determined as described in the
N.4B’s pamphlet, “The Wage and Hour Act.”

In commenting on the decision. General Philip B.
Fleming, Wage and Hour administrator, said:

“This opinion is at direct variance with the opinion of Judge
Roy .Atwell in the Dallas News case, which the Division is appeal-

296 —March 28, 1941

ing before the United States Court of Appeals for the Fifth Circuit
at New Orleans. In the Dallas News case, the judge relieved the
newspaper of the necessity of computing overtime on the employees’
‘regular rate.’ (NAB Reports, p. 127.)

“The Minnesota decision definitely sustains our position with
respect to the payment of overtime compensation, and effectively
checks the many fictitious devices designed to defeat the purposes
of the Act. If employers are permitted to resort to such methods
to escape the payment of overtime compensation, the great benefits
intended by Congress when the Fair Labor Standards Act was
passed would be denied to the workers of the nation.”

In his opinion enjoining the Carleton Screw Products Company,
Judge Joyce stated;

“It is clear that the purpose of the plan, which was put into
effect on September 1, 1938, was to keep within the provisions of
the new wage and hour law and at the same time to maintain the
employees’ wages at the same level as theretofore existed. In
general the plan works out in this way: If an employee had been
receiving sixty cents an hour previous to September 1, 1938, a rate
of fifty cents was set up on defendant’s books and on that rate
overtime compensation is computed. To this amount is added a
‘bonus’ in an amount sufficient to bring the employee’s total wage
for the pay period to an amount equalling the total hours worked
during such pay period multiplied by sixty cents — the hourly rate
he received prior to September 1, 1938. Thus (using a forty-four
hour basic week), if this man works fifty hours a week his pay is
computed by multiplying 44 (hours) by SO cents (the rate set up
on the books), which equals $22.00; multiplying 6 (overtime hours)
by 75 cents (time and one-half) equals $4.50, which added to the
$22.00 makes a total of $26.50. At straight time of sixty cents per
hour he would have received for fifty hours $30.00. And so in
order to bring his pay up to this figure an amount of $3.50, called
a bonus, is added to the $26.50 and the man receives a check for
$30.00. In cases where this same employee works only forty-four
hours a week there is of course no overtime to compute but the
bonus is added in the same manner as in the other case. So that
so far as the employee was concerned there was no difference in
the way he computed his earnings before and after September 1,
1938. To quote the testimony of one of the men, ‘I always com¬
puted weekly earnings on basis of total number of hours times the
old rate.’ There was nothing on the check or otherwise showing
how much the bonus was. The Witness Kretlow testified: “We
really did not get a cut ; it was only on the books that we got the
cut.’

“A somewhat different situation exists with respect to employees
who entered defendant’s employ after September 1, 1938, but in
principle the procedure is the same, the employee signing an agree¬
ment based on an ‘agreed’ hourly rate and receiving a ‘guaranteed’
earning based on a different rate. . . .

"It seems to me that the construction contended for by defend¬
ant to the effect that employer and employee may agree on a
regular rate of pay regardless of what compensation the employee
actually receives, will permit employers to avoid the obligations
imposed by Section 7 and w'ill completely nullify the overtime
provisions therein contained. If an employer is nermitted to estab¬
lish an ‘agreed’ rate of pay ten cents below that which it in fact is,
as plaintiff points out in his brief, there is no reason w'hy the regular
rate could not be ‘stipulated’ for purposes of overtime compensa¬
tion at tw'enty or thirty cents below what it actually is and remove
the penalty of Section 7 entirely. The fact that employer and
employee ‘agree’ to a rate of pay which does not represent that
at which the employee is really employed cannot preclude the
operation of Section 7, for private agreements which are incon¬
sistent with wage and hour statutes must yield to the broader
public policy declared in those acts. . . .

“Moreover, the evidence in this case clearly indicates that the
employees signed the agreements only after it was made clear that
they would receive the same earnings as theretofore and because
they felt there was no other recourse as they had been told that
otherwise the plan would be dropped and they would remain on
the old scale for a forty-four week and no overtime. Such
assurance as to their earnings being given, I am of the view they
received a continuing guarantee of their previous earnings and
therefore that their actual and real rate of pay remained un¬
changed, and that this ‘agreed rate’ of pay of defenclant was devised,
as was said by the court in Gregory v. Helvering, 293 U. S. 465,
to ‘exalt artifice above reality,’ as these rates had no other function
in defendant’s business.”

“EDITOR AND PUBLISHER” CONDEMNS
ATTACK ON RADIO

Editor and Publisher carried the following editorial
in its March 22 issue, condemning the printing trades
unions attack on the broadcasting industry. Alembers
should call it to the attention of editors of their local
papers.

Another Fallacy

John B. Haggerty, president of the International Allied Print¬
ing Trades Council, still thinks there is merit in his idea of
taxing and otherwise limiting the revenue of radio broadcasting
so that buyers of advertising would have to use printed media.
In the three weeks that have passed since his proposal w'as an¬
nounced at Miami, we have not been able to find anyone who
agrees wdth him, even among the intended beneficiaries of his revo¬
lutionary scheme. He now challenges the makers of printed media
to propose a better method of halting radio invasion of the ad¬
vertising field than the taxation of radio revenues.

His comparisons of 1939 with 1929 to show the losses of revenue
suffered by newspapers and magazines, the loss of employment
and wages to printing craftsmen, the necessary increase in sub¬
scription rates to offset lost advertising revenue — all of these are
twice-told tales to the publishing fraternity. As comparisons, we
believe them to be unsound, because the tops in advertising
revenue reached in 1929 are recognized by many economists today
as representing a considerable volume of advertising money that
was squandered rather than usefully employed.

Mr. Haggerty introduces a new element into his latest blast.
He says that "the real freedom of the nress is jeopardized when
we find publishers, in many cases, forced through unfair competi¬
tive conditions in their trade areas to purchase, at heavy costs,
radio stations, thus becoming dependent upon the goodw'ill of a
government agency to protect these investments and in order to
insure the continued value of these radio investments, possibly
subservient, even in their new'spaper columns, to the wishes of a
controlling and dominating government agency,”

That’s a ghost story. We doubt that Mr. Haggerty can name
one newspaper which was forced, by any measures, to purchase
a radio station.

New'spapers which own stations and know how to use them
have found radio a sound investment and a useful adjunct to
their printed pages. Many other newspapers which desire to add
radio to their service are unable to do so because all available
facilities have been licensed for their trade areas. Show the
average publisher an opportunity to get a radio license and no
one will have to force him to take advantage of it. When FM
becomes commercially practical on a broad scale, we are certain
that manv more newspapers will seek radio licenses. No com¬
pulsion will be needed.

The potential peril to newspaper freedom through ownership
of a broadcasting license by a publisher has often been discussed.
There has been no reported instance of attempted government
coercion or influence on either radio or newspaper editorial poli¬
cies, despite the fact that some of the most desirable broadcasting
privileges are held by newspapers bitterly opposed to the Roose¬
velt Administration. The danger exists in theory; in practice, any
effort to make renewal of a radio license contingent upon a charge
of newspaper editorial policy is open to so many counter-attacks
that it is not likely to be attempted.

The answer to Mr. Haggerty’s challenge remains unchanged.
Newspapers and magazines have to compete against each other
and against all other media on their own merits. They have
those merits. They have advantages over radio that the latter can
never overcome, from the standpoint of producing results for the
advertiser. Mr. Haggerty’s letter, reproduced on another page,
suggests that the radio has been preferred by advertising agencies
over printed media because of the rebate and discount policies
of the broadcasters, which permit the agencies to retain a larger
part of the advertising dollar for themselves.

If that is true, and if the printers’ organization believes it is
unfair competition, the remedy is with the Federal Trade Com¬
mission, not through the devious and dangerous melhod of con¬
fiscatory taxation. In an hour when unscrupulous men all over
the world are seeking to regulate and to gag free speech, it will
not do for Americans to create a technique which, applied suc-

March 28, 1941 — 297

cessfully to broadcasting, could easily be extended to the fields
of printed media.

VVe suggested a month ago, and we believe constructively, that
newspajjers and magazines must do a better job of informing the
public and as bearers of commercial announcements than the
broadcasters do. They must also do a far better job of promo¬
tion and selling than they have done for most of the past 10
years. We suggested also that the printers can help by the
elimination of union practices which increase publishing costs
without adding an iota to either the information or the adver¬
tising value of a publication. If these conditions are met, the
puldishing and printing industries and their workers’ organiza¬
tion will end the era of declining figures that the printers now cite.

It will take thought, work, sacrifice, and will probably cause
some casualties, but it will not imperil the whole structure of free
press as the printers’ tax proposal threatens to do.

Additional copies of the NAB Research Department’s
brochure on the relation of the broadcasting and printing
industries are available at the NAB.

Television Hearing

The FCC public hearing to consider suggested rules and regu¬
lations for commercial television broadcast stations was held on
March 20, 21 and 24.

Chairman Fly presided during the entire hearing with the ex¬
ception of a short time Friday morning. Commissioner Craven
temporarily took the chair during Mr. Fly’s absence. Commis¬
sioners Wakefield, Thompson, Case, Craven and Payne were in
attendance on the first two days and they were joined by Com¬
missioner Walker on Monday. Approximately 100 persons were
present to hear the proceedings.

W. R. G. Baker. Chairman of the National Television Systems
Committee, was the first witness. Fie stated that the NTSC
recommends that the FCC authorize full commercialization on all
television channels. Baker offered in evidence, a document show¬
ing changes to be made in the standards recommended by the
NTSC (See Appendix 1). Baker discussed the.se changes, pointing
out that it was recommended that the number of lines be changed
from 441 to S2S. He also pointed out that instead of specifying
the synchronization wave form that should be transmitted, the
specifications were changed to read that the television transmitter
should radiate a synchronized wave form which would adequately
operate a receiver of certain specifications. It was pointed out
that this would allow different types of transmission to be em¬
ployed. Baker also pointed out that the NTSC was recommend¬
ing a full test of color television.

Donald Fink, Managing Editor of Electronics, took the stanrl
to discuss number of lines. He said that we are definitely look¬
ing forward to bigger pictures and that in going from 441 to S2S
lines the vertical resolution would be increaserl. He pointed out
(hat FM transmission of the picture would improve the horizontal
resolution and that these two improvements would probably
bring about a balance between the vertical and horizontal reso¬
lution.

Paul Porter, attorney on behalf of the Columbia Broadcasting
System, pointed out that limits on man power and material at
this lime may l)c serious in regard to the advance of television.
He pointed out that once a broadcaster has started transmitting
programs, that he is obligated to continue with the service and
that if there was only a limitefl number of leceivers reaching the
hands of the public, that the broadcaster would be forced to as¬
sume a large operating expense with little chance of obtaining
revenue to offset it. Mr. Porter continued that Columbia is

ready to participate in television as fully as circumstances permit.
In recommending that the FCC set standards, he urged that it
be made clear to the public that service on a large scale will not
be immediately available. Porter gave his opinion that television
could make an important contribution to the national economy
after the present emergency is over.

Adrian Murphy, CBS Television Director, recommended that
standards for both monochrome and color be established by the
Commission. According to Murphy, CBS has planned a compre¬
hensive field test of color. They have asked for bids on 2S color
receivers and he said that they hope that the industry would
provide an additional 75 receivers. To date, Murphy continued,
they have received no assurance that receivers can be forthcoming.
According to Murphy, defense requirements may interfere with the
progress of television. Murphy said that broadcasters can expect
no substantial income for some time and he therefore recom¬
mended that there be no requirement as to minimum hours that
a television station must operate. The cost of a good television
program, according to Murphy, is about $2,000 per hour and he
pointed out that if the FCC requirement that the minimum hours
per day be 5, that it would cost about three and one-half million
dollars per year for programs. He said that if the S hour re¬
quirement was promulgated that it w'ould probably be necessary
as an economic factor to cut the expenditure for programs down
to $100 per hour. This would cost approximately $185,000 per
year for programs. Murphy expressed the opinion that television
programs would be poor if only an average of $100 per hour
was spent.

Peter Goldmark, Technical Director of Television for CBS, dis¬
cussed the latest developments in CBS’s system of color tele¬
vision. He reported that the sensitivity of (he pick-up system
had been improved. He also said that the field tests mentioned
by Murphy were planned to start about June 1.

The first witness for the .'Mien B. DuMont Laboratories was
.-Mien B. DuMont. Mr. DuMont said that some of the standards
had been proved out since last year. It is DuMont’s belief that
immediate commercialization of television is vitally necessary. He
said that companies cannot continue to spend money without the
hope of some return in the immediate future. This is an excellent
j time to start television, according to DuMont, because more
people are at w'ork producing a better market. In spite of the
fact that factories are busy with defense orders, it was his
opinion that they still have enough time and facilities to devote
to television production. DuMont w'as of the same opinion that
television could be a factor in taking up unemployment at the
end of the present difficulties. DuMont continued that develop¬
ments since a year ago have reduced the cost of installing a tele¬
vision station. It was his belief that the minimum cost per hour
for television jjrograms is below $150 per hour. DuMont advo¬
cated allow'ing the use of the aural channel of a television station
without transmitting a picture. He also advocated changing the
lu'oposed rules so that flexible standards can be used.

Dr. Goldsmilh, Television Engineer for DuMont, said that
electronic color television showed great promise. He said that
television should be commercialized at this time. Goldsmith ad¬
vocated the substitution of the DuMont signal in the proposed
NTSC standards.

Appearing for Balaban and Katz, William C. Eddy, in charge
of television, stated that they w'ere ready and wdlling to go
ahead with television according to FCC dictates. Eddy said that
they favored vertical polarization because it was their belief ver¬
tically polarized receiving antennas were more satisfactory. He
continued that they ha\'e been working on low-cost pick-up
technique.

The Don Lee Broadcasting System was represented by Harry

298 — March 28, 1941

Lubcke, Director of Television. He advocated the commercializa¬
tion of television and said that the proposed minimum require¬
ment of 5 hours of program per day was too high. He suggested
that the requirement be put on a weekly basis of 10 hours. He
said that in view of present budgets, it would be difficult to pro¬
duce 30 hours of acceptable programs per week and he said it
was desirable to have less hours and better programs. Lubcke
stated that he concurred in the NTSC recommendations.

E. M. Martin, appearing for the Farnsworth-Television and
Radio Corporation, stated that they had had minority opinions
during the deliberation of the NTSC, however, Farnsworth has
the greatest of respect for the majority of opinions and there¬
fore, Farnsworth wholeheartedly adopts and recommends the
NTSC standards. He continued that there is no question but that
television is technically ready for full commercialization and that
television can be a factor in recovery after the present emergency
is over.

Appearing for the Hughes Tool Company, was Alfred Murray.
He advocated that the daily minimum program time be set at 3
hours per day. He said that it would be better if the require¬
ment was stated at IS hours per week. Murray advocated the
use of the sound transmitter alone without a picture being trans¬
mitted. He said that Hughes wished to go on record as approving
the NTSC report. In regard to flexible standards, Murray thought
that it would make it more difficult for the viewer and that a
fixed set of standards should be adopted.

The first witness for the National Broadcasting Company was
A. M. Morton, Vice President in charge of television. He stated
that 30 hours per week would impose a great burden upon tele¬
vision operators. He said that the average program cost per hour
is approximately $1,000. Morton said that the factors to be con¬
sidered in connection with the required number of program hours
were: test pattern time, preparation time for programs, program
availability, limited trained personnel and economics.

Talent is limited in most cities according to Morton and there¬
fore relays from talent centers are necessary and it will take time
to develop these. He said that it takes from 40 to 80 hours of
rehearsal time for a one-hour dramatic show and he said that
the last two or three days of the rehearsal should be in the studio
where the transmission is to take place. He said that it cost about
$120,000 to properly equip a studio for this purpose.

In recommending that the starting minimum program time be
set at 10 hours per week, Morton pointed out that it would be
more desirable to have quality of programs rather than quantity.

C. B. Jolliffe, chief engineer of the RCA Laboratories, was the
next witness for NBC. He said that without standards the in¬
dustry cannot prepare itself to go forward and that he recom¬
mended that the Commission adopt the proposed NTSC stand¬
ards. He continued that RCA is ready to go ahead when the
FCC gives the word. Jolliffe suggested that the Commission
carefully investigate whether or not all parties are ready to go
ahead before setting the date for commercialization. He pointed
out that conditions are different now than they were a year ago.
At that time several manufacturers were in a position to produce
receivers and transmitters immediately, however, it was his opinion
that these facilities do not exist today and it would be neces¬
sary to start new. It was Jolliffe’s opinion rhat both ends of the
television system, namely transmitting and receiving, should go
ahead simultaneously, in order that broadcasters would not have
to spend too much money before the public has obtained re¬
ceivers. Joliffe stated that NBC wholeheartedly adopts the recom¬
mendations of the NTSC.

The next company to make an appearance was Scophony
Limited, represented by S. H. Dodington, head of the electrical
department. He said that they were in favor of immediate com¬

mercialization of television and adoption of the NTSC standards
with one exception. He said that the Scophony system is mechan¬
ical and therefore, requires more stringent requirements for the
synchronizing signal and they therefore recommended that the re¬
quirement be narrowed. Dodington said that in England two
simultaneous systems had been introduced and the results were
so unsatisfactory that they soon dropped one of them.

On behalf of Zenith Radio Corporation, John Howland, Secre¬
tary, advocated the immediate authorization of commercial tele¬
vision and advocated the adoption of the NTSC standards. It
was his opinion that good television programs would cost about
$1,000 per hour and that therefore the minimum required hours
should be set at not over 10 hours per week and preferably S.
He also pointed out that there is a scarcity of trained television
technicians.

Mr. Sanabria, of American Television Laboratories, advocated
immediate commercialization. He suggested that the standards
be adhered to for eight years with the provision that at the end
of four years, new standards could be considered and if they
were adopted, the stations could then transmit on both standards.
As was done by other witnesses Sanabria gave his opinion that
television may be a factor in taking up unemployment after the
rearmament program is finished.

APPENDIX I

Report
of the

NATIONAL TELEVISION SYSTEM COMMITTEE
to the

FEDERAL COMMUNIC.VTIONS COMMISSION

The National Television System Committee herewith submits
transmission standards for commercial television broadcasting.
The NTSC recognizes the coordinate importance of standardization
and the commercial application of technical developments now in
the research laboratories. These standards will make possible the
creation, in the public interest, of a nationally coordinated tele¬
vision service and at the same time will insure continued develop¬
ment of the art.

The NTSC recommends that monochromatic transmission sys¬
tems other than those embodied in these standards be permitted to
operate commercially, when a substantial improvement would
result, provided that the transmission system has been adequately
field tested and that the system is adequately receivable on re¬
ceivers responsive to the then existing standards.

The NTSC has broadened its standards on synchronization to
permit field tests of several interchangeable systems. It is antici¬
pated that some one of these systems will be found to be superior
to the others and it is, therefore, recommended that at that time
the Commission’s standards be narrowed to require the commercial
use of that particular and superior system. (See Note A)

The NTSCT believes that, although color television is not at this
time ready for commercial standardization, the potential impor¬
tance of color to the television art requires that —

a) A full test of color be permitted and encouraged, and that

b) After successful field test, the early admission of color trans¬
missions on a commercial basis coexistent with monochromatic
television be permitted employing the same standards as arc
herewith submitted except as to lines and frame and field
frequencies. The presently favored values for lines, and for
frame and field frequencies for such a color system are, re¬
spectively, 375, 60, and 120.

The proposed standards are as follows:

7. The Television Cha nnel

1. The width of the standard television broadcast channel shall
be six megacycles per second.

2. It shall be standard to locate the picture carrier 4.3 megacycles
per second lower in frequency than the unmodulated sound
carrier.

3. It shall be standard to locate the unmodulated sound carrier
0.25 megacycles per second lower than the upper frequency
limit of the channel.

March 28, 1941 — 299

4. The standard picture transmission amplitude characteristic
shall be that shown in Drawinp' I.

II. Scanning Specifications

5. The standard number of scanning lines per frame period in
monochrome shall be 525. interlaced two to one.

6. The standard frame frequency shall be 30 per second and the
standard field frequency shall be 60 per second in monochrome.

7. The standard aspect ratio of the transmitted television picture
shall be 4 units horizontally to 3 units vertically.

8. It shall be standard, during the active scanning intervals, to
scan the scene from left to right horizontally and from top to
bottom vertically, at uniform velocities.

III. Picture Signal Modulation

9. It shall be standard in television transmission to modulate a
carrier within a single television channel for both picture and
synchronizing signals, the two signals comprising different
modulation ranges in frequency or amplitude or both. (See
Note A, 1.)

10. It shall be standard that a decrease in initial light intensity
cause an increase in radiated power.

11. It shall be standard that the black level be represented by a
definite carrier level, independent of light and shade in the
picture.

12. It shall be standard to transmit the black level at 15 per cent
(with a tolerance of plus or minus 2.5 per cent) of the peak
carrier amplitude.

71'. Sound Signal Modulation

13. It shall be standard to use frequency modulation for the tele¬
vision sound transmission.

14. It shall be standard to pre-emphasize the sound transmission
in accordance with the impedance-frequency characteristic of
a series inductance-resistance network having a time constant
of 100 microseconds.

V . Synchronizing Signals

15. It shall be standard in television transmission to radiate a
synchronizing waveform which will adequately operate a re¬
ceiver which is responsive to the synchronizing waveform
shown in appended Drawing II.

16. It shall be standard that the time interval between the leading
edges of successive horizontal pulses shall vary less than one
half of one per cent of the average interval.

17. It shall be standard in television studio transmission that the
rate of change of the frequency of recurrence of the leading
edges of the horizontal synchronizing signals be not greater
than 0.15 per cent jrer second, the frequency to be determined
by an averaging process carried out over a period of not less
than 20. nor more than 100, lines, such lines not to include any
portion of the vertical Idanking signal. (See Note B.)

VI. Transmitter Ratings

18. It shall be standard to rate the picture transmitter in terms of
its peak power w'hen transmitting a standard television signal.

19. It shall be standard in the modulation of the iiicture trans¬
mitter that the radio frequency signal amplitude he 15 per
cent or less of the peak am[ilitude, for maximum white. (See
Note C.)

20. It shall be standard to employ an unmodulated radiated carrier
power of the sound transmission not less than 50% nor more
than 100% of the peak radiated pow'er of the picture trans¬
mission.

21. It shall be standard in the modulation of the sound transmitter
that the maximum deviation shall be plus or minus 75 kilo¬
cycles per second.

VII. Polarization

22. It shall be standard in television broadcasting to radiate
horizontally polarized waves.

Note A: 1. Practical Receivers of the “R.^” type (those which
attenuate the carrier 50% before detection) designed
for the synchronizing signals showm in Drawing II of
this report will also receive interchangeably any of
the following:

a. .Amplitude Modulated synchronizing and picture
signals of the 500 kc vertical synchronizing pulse
tyiie — Drawing IV (fig. 1), Doc. 321R.

300 — March 28, 1941

b. Sychronizing signals of the alternate carrier type
with amplitude modulated picture signals.

c. Frequency modulated picture and synchronizing
signals.

2. It is proposed that during the commercialization period
there be carried out systematic, comparative tests, of
all of the above mentioned signals including trans¬
missions from a single location to a number of rep¬
resentative receiving locations and over a reasonable
test period. It is further proposed that these tests be
directed and coordinated by an accredited committee
of the R. M. A. or some other committee suitable to
the F. C. C. and that on the completion of these tests
there be submitted to the F. C. C. any modifications
or additions to the N.T.S.C. standards which may be
found desirable.

Note B: It is recommended that as progress in the art makes it
desirable, the maximum rate of change of frequency of
the transmitted horizontal synchronizing signals for
studio programs be reduced and that limits be set for
transmissions originating elsewhere than in the studio.

Note C: It is the opinion of the N. T. S. C. that a picture trans¬
mitter not capable of a drop in radio frequency signal
amplitude to 15 per cent or less of the peak amplitude
would not be completely satisfactory since it would not
utilize the available radio frequency power to the best
advantage. At the same time the N. T. S. C. is aware
of the practical fact that it may not be possible for all
of the first picture transmitters to satisfy this require¬
ment. It should be possible to satisfy this requirement
in picture transmitters for the lower frequency channels
of Group A, although, at first, this may not be possible
in picture transmitters for the higher frequency channels.
After the first operation on the higher frequency channels
and as designs progress it should be possible to satisfy it.
It is requested that the Federal Communications Com¬
mission take cognizance of this situation.

Respectfully submitted,

W. R. G. Baker, Chairman.

DISTRICT 5 MEETING

In the NAB Reports, p. 245 it was stated that the
District 5 meeting would be held on April 1 1 at Ponte
Vedre Beach, Florida. NAB Director W. Walter Tison
advises that the meeting has been changed to the George
Washington Hotel in Jacksonville, on the same date,
P'riday, April 11. All Fifth District broadcasters are
cordially invited and urged to attend.

COST-PER-INQUIRY

On the cost-per-inquiry front, more and more con¬
cerns are trying to get stations to accept contingent deals
and guarantee a fixed return. This week we have only
one to report:

Duensing & Company. Chicago. Illinois, on behalf of the Water-
bury Pen Company (Fountain Pens).

'Fhis offer, in the opinion of the Bureau of Radio Ad¬
vertising, is opposed to the best interests of radio sta¬
tions, and the Bureau has written them accordingly. At
the same time, it has invited the above-named company
to give serious consideration to a paid radio campaign,
if they wish lo obtain maximum results and maintain
the continued goodwill and cooperation of the broad¬
casting industry.

ARMSTRONG GIVES WAR DEPARTMENT
USE OF FM PATENTS

Major Edwin H. Armstrong of New York, noted inventor in the
radio field, has offered to the War Department free use, during
the emergency, of his seventeen patents on the frequency-modula¬
tion system of radio communication which bears his name.

In announcing the offer, Henry L. Stimson, Secretary of War,
made acknowledgment with these words: “On behalf of the War
Department, as well as for myself, I wish to thank you for this
very generous action; and I am sure that the patriotic example
afforded by such a distinguished inventor as yourself will be
warmly appreciated by the country.”

The War Department will take full advantage of the offer,
which is particularly timely. The Army is now procuring a large
number of frequency-modulated sets similar to the commercial
police radio type for the Armored Force, and other units. Further¬
more, the Army is now developing three new radio sets for use
of the Armored Force in which it is proposed to incorporate
frequency-modulation.

STATE LEGISLATION

California:

S. R. 58 (Fletcher) R.ADIO PROGRAMS — CRIME — Memo¬
rial to Congress to regulate radio programs dealing with crime.
Referred to Committee on Rules.

Colorado:

S. 576 (Hart) SMALL LOANS— An act regulating the business
of making loans of $500.00 or less. Referred to Committee on
Insurance.

Iowa :

H. 519 (Public Health Comm.) DRUGS AND COSMETICS
— Prohibiting the adulteration and false advertising of drugs and
cosmetics. Referred to Sifting Committee.

Minnesota:

H. 191 (Memmer) (Same as S. 78) SMALL LOAN ADVER¬
TISING — Restricts small loan companies from advertising any¬
thing but name and address, rate of interest and the total amount
that can be lent to any individual. Referred to Committee on
Public Welfare.

H. 1271 (E. Peterson) (Same as S. 262) AGENCIES —

THE.\TRICAL — Regulations for licensing, bonding and code for
theatrical or booking agencies. Referred to Committee on Labor.

S. 78 (Neumier et al.) (Same as H. 191) SMALL LOAN
ADVERTISING — Restricts small loan companies from advertising
anything but name and address, rate of interest and the total
aitiount that can be lent to any individual. Referred to Committee
on Banks and Banking.

Missouri:

S. 140 (Donnelly) FOODS, DRUGS AND COSMETICS—
Repealing Article I and H of Chapter 58, Revised Statutes, 1939;
enacting a new article in lieu thereof relating to the duties of the
State Board of Health in the regulating and inspection of foods,
drugs and cosmetics as to misbranding and false advertising.

New York:

S. 1354 (Williamson) PERSONAL LOANS — ADVERTISING
— Prohibits advertising by printing, broadcasting, publishing or
otherwise, by bank or trust company in connection with personal
loan dept, of statements relative to rates, terms or conditions for
loaning money unless stated in terms of simple interest on unpaid
principal balance. Referred to Committee on Banks.

South Carolina:

H. 401 (Medical Affairs) PURE FOOD AND DRUG ACT—
To regulate the labeling, branding, advertising, manufacturing,
sale, etc., of foods, drugs, and cosmetics in the State of South
Carolina, and to provide a penalty for the violation thereof.

FEDERAL COMMUNICATiONS
COMMISSION

NEW LICENSES

In conjunction with the North American Regional
Broadcasting Agreement, which is to become effective at
3 a.m. on March 29, the FCC has renewed the great
majority of the domestic standard broadcast station li¬
censes which automatically expire at that time, thereby
enabling these stations to begin regular operation on the
new frequencies Saturday.

In the cases of some 50 other standard broadcast sta¬
tions, which failed to submit required performance data,
the Commission is granting temporary authority for them
to operate on the new frequencies, but wdth reduced power,
pending submission of the necessary data.

All standard broadcast stations above 730 kilocycles,
which change frequencies on Alarch 29 and which employ
directive antennas, were notified previously to furnish
certain performance data in order to be permitted to use
the new frequencies on a regular basis. The half a hun¬
dred stations in question failed to do so. Therefore, to
guard the new allocation system against any possibility
of serious interference, it will be necessary for these sta¬
tions to operate with reduced power, specified by the
Commission’s Engineering Department, until they have
likewise complied.

The stations for which licenses have been renewed on
the new frequency basis furnished information necessary
to meet Commission requirements. As is Commission
practice, license renewals are continued on the staggered
system. Thus, licenses of stations regularly operating
under the North American Regional Broadcasting Agree¬
ment will expire in the following order;

For stations operating on the frequencies 640, 650, 660, 670, 680,
690, 700, 710, 720, 730, 740, 750, 760, 770, 780, 800, 810, 820,
830, 840, 850, 860, 870, 880, 890, 900, 940, 990, 1000, 1010, 1020,
1030, 1040, 1050, 1060, 1070, 1080, 1090, 1100, 1110, 1120, 1130,
1140, 1160, 1170, 1180, 1190. 1200, 1210, 1220, 1500, 1510, 1520,
1530, 1540, 1550, 1560, 1570, and 1580 kilocycles, February 1, 1942.

For stations ooerating on the frequencies 550, 560, 570, 580, 590,
600, 610, 620, 630, 690, 910, 920, 930, and 950 kilocvcles, April 1,
1942.

For stations operating on the frequencies 960, 970, 980, 1150,
1250, 1260, 1270, 1280, 1290, 1300, 1310, and 1320 kilocvcles, June
1, 1942.

For stations operating on the frequencies 1330, 1350, 1360, 1370,
1380, 1390, 1410, 1420, 1430, 1440, 1460, 1470, 1480, 1590, and
1600 kilocycles, August 1, 1941.

For stations operating on the frequencies 1230, 1240, and 1340
kilocycles, October 1, 1941.

For stations operating on the frequencies 1400, 1450, and 1490
kilocycles, December 1, 1941.

At the same time, the Commission has granted tem¬
porary extensions or authorized temporary operation for
more than 50 standard broadcast stations ini'olved in
renewal or revocation proceedings, or which have been

March 28, 1941 — 301

designated for hearing, or stations subject to further con¬
sideration of their renewal applications; and has extended
special experimental or program test authorizations in the
cases of about a dozen other stations. All these stations
are identified on lists made public today.

MEXICO APPROVES AGREEMENT

Through the agency of the Inter-American Radio Office (O.I.R.)
at Habana, the Department of State has been informed of the
approval by the Government of Mexico with no change of the list
of frequency allocations to Mexican broadcasting stations which
was drafted at the North .American Regional Radio Engineering
Meeting held in Washington from January 14 to 30, 1941. Thus
the lists of broadcasting stations resulting from that meeting for
Canada, Cuba, Mexico, and the United States have received the
official approval of the respective governments.

The “deepest gratification” is felt by the FCC at this further
evidence of the complete understanding and cooperation which has
prevailed in the North .American region in matters pertaining to
broadcasting and at this added assurance of the success of the
North .American Regional Broadcasting Agreement, Habana, 1937,
which is to come into force in all of the countries concerned on
March 29, 1941.

FCC NOTICE TO LICENSEES

The FCC has announced that it will be unnecessary for appli¬
cants for standard broadcast facilities to amend such pending
applications where the sole purpose of the amendment is to request
a different frequency from that specified in the application in order
to conform to the shift of frequencies made necessary by the North
American Regional Broadcasting Agreement. To eliminate un¬
necessary paper work, the Commission will accordingly treat all
pending applications as requesting the appropriate frequency under
that Agreement instead of the frequency specified in the applica¬
tion unless the applicant, by appropriate notice to the Commission,
indicates a desire that his application be considered as requesting
the particular frequency named therein.

.Amendment of applications is necessary, however, where any
change of directive antenna design on the new frequency is
required.

Ray C. Wakefield of California last Saturday was sw'orn in as a
member of the FCC, thereby completing the complement of that
body. The oath was administered by Associate Justice Justin
Miller of the FTnited States Court of Appeals for the District of
Columbia, a lifelong friend. On March S Mr. Wakefield was nomi¬
nated by the President for a seven-year term, succeeding the late
Thad H. Brown. He was confirmed by the Senate on March 17.

Commissioner Wakefield comes to the Federal Communications
Commission from the California Railroad Commission, on which
he had served since January, 1937, and of w’hich he was president
from August, 1938, to January, 1940. During this period he
maintained offices in San Francisco and home at Palo Alto. His
permanent residence is Fresno.

.At the present time Commissioner Wakefield is vice president
and chairman of the executive committee of the National Associa¬
tion of Railroad and Utilities Commissioners. In 1937-1938 he
sat with the Interstate Commerce Commission in the general
freight rate increase case and, more recently, with Federal Com¬
munications Commi,ssioner Paul .A. Walker in inquiry into the
Pacific Telephone and Telegraph Company “interstate Pacific”
telephone rates. In his career in the public utility field Commis¬
sioner Wakefield has won a reputation for achieving success in

302 — March 28, 1941

regulation by negotiation rather than by litigation where such
results are compatible with the public interest.

Born at P’resno on August 12, 189S, Commissioner Wakefield
received his Bachelor of Arts and Doctor of Jurisprudence degrees
from Stanford University in 1916 and 1918 respectively. Ad¬
mitted to the California bar in 1918, he engaged in general prac¬
tice as a member of the firm of Wakefield & Hansen (1928-1932),
and Wakefield & Staniford (193S-1937).

From 1920 to 1923 Commissioner Wakefield served as Deputy
District Attorney for Fresno County. He was State inheritance
tax appraiser for that county from 1923 to 1937, and also served
as president of that State group.

A Republican, Commissioner Wakefield was secretary (1920-
1921), then chairman (1922-1923), of the Republican Central
Committee of his home county. For a number of years he was a
member of the State Republican Central Committee, and was a
delegate to the Republican National Convention at Chicago in 1932.

Commissioner Wakefield is a member of the California State
Bar Association, the Order of Coif (honorary legal society). Delta
Chi, and the Masonic and Kiwanis organizations. He is also a
member of the American Society for Public Administration and
was recently elected vice-chairman of its San Francisco Bay area
chapter.

Commissioner Wakefield has been active in civic affairs and is
a member of the Christian Church. He is also a member of the
Commonwealth Club of San Francisco.

Commissioner Wakefield is married, and has two children — a
son and a daughter.

FCC “PRIMER”

The FCC has issued “A Public Primer” on radio. It is intended
to explain to the layman what radio is and how it works.

PROPOSED JACKSONVILLE DECISION

.As the result of a hearing and other consideration of two ap¬
plications for identical radio facilities in Jacksonville, Ill., the
FCC proposed grant of a construction permit to one — Stephenson,
Edge and Korsmeyer — on the ground that this applicant “will
better serve public interest, convenience and necessity in that there
will be added to the Jacksonville area a medium for the dis¬
semination of news and information to the public which will be
independent of and afford a degree of competition to other such
media in that area” (Proposed Findings of Fact and Conclusions,
No. B-130).

There is at present no broadcast station in Jacksonville, Ilk, and
no outside station delivers to that city a satisfactory signal for
primary service. The Commission had to choose between two
applicants — Hobart Stephenson, Milton Edge and Edgar J. Kors¬
meyer, a partnership doing business as Stephenson, Edge and
Korsmeyer, or Helen L. Walton and Walter Bellati, another
partnership. Both wanted to operate on the 1150 kilocycle fre¬
quency, with power of 250 watts, daytime only. Each is legally,
technically and financially qualified to operate a station as pro¬
posed. However, a grant to one precludes granting the other.
Consequently, the two applications were set for hearing, which
took place September 4th last.

It is on the basis of this testimony and other considerations
that the Commission concludes Stephenson, Edge and Korsmeyer
will do a better technical job in serving the Jacksonville area.

PROPOSED WHDH DECISION

The FCC has adopted its Proposed Findings of Fact and Con¬
clusions (B-121), made public December 9, 1940, to grant the

application of Matheson Radio Co., Inc., to increase the power
of its station WHDH, at Boston, from 1 to 5 kilowatts, with
unlimited time operation on the 830 kilocycle frequency, using
directional antenna at night.

Amending the rules to thus permit more efficient use of this
frequency, according to the Commission reaffirmation, will be in
the public interest, convenience and necessity. The proposed
operation of WHDH, further concludes the Commission, “will
not cause interference to the primary service of any station, and
any interference which such operation may reasonably be ex¬
pected to cause to Station KOA, Denver, will be limited to inter¬
ference with intermittent reception upon receivers located in the
eastern part of the United States, remote from the station.”

Commissioners Case and Craven dissented, with Chairman Fly
and Commissioner Wakefield not participating

APRIL FCC WORK

The FCC has announced that the work, business and
functions of the Commission for the month of April have
been assigned as follows:

Commissioner Thompson: Designated to determine, order, report
or otherwise act upon all applications
or requests for special temporary
standard broadcast authorizations.

Commissioner Payne: Designated to hear and determine,

order, certify, report or otherwise act
upon: (2) except as otherwise ordered
by the Commission, all motions, peti¬
tions or matters in cases designated
for formal hearings, including all mo¬
tions for further hearing, excepting
motions and petitions requesting final
disposition of a case on its merits,
those having the nature of an appeal
to the Commission and those request¬
ing change or modification of a final
order made by the Commission ; pro¬
vided, however, that such matters
shall be handled in accordance with
the provisions of Sections 1.2 SI and
1.256, inclusive, of the Commission’s
Rules of Practice and Procedure; (b)
the designation pursuant to the pro¬
visions of Sections 1.231 to 1.232 of
the Commission’s Rules of Practice
and Procedure of officers, other than
Commissioners, to preside at hearings.

FEDERAL COMMUNICATIONS
COMMISSION DOCKET

Following hearings and oral arguments are scheduled
to be heard before the Commission in broadcast cases
during the week beginning Monday, March 31. They
are subject to change.

Monday, March 31

KMLB— Liner’s Broadcasting Station, Inc., Monroe, La. — C. P.,
1410 kf., 1 KW, unlimited, D.A night.

Wednesday, April 2

NEW — Symons Broadcasting Co., Ellensburg, Wash. — C. P., 1110
kf., 1 KW, unlimited.

Thursday, April 3

Oral Argument Before the Commission

Report No. B-131 :

WMBQ — Metropolitan Broadcasting Corp., Brooklyn, N. Y. —

Renewal of license, 1500 kf., 100 watts, 100 watts LS,
specified hours.

WMBQ — Metropolitan Broadcasting Corp., Brooklyn, N. Y. —

C. P., 1500 kf., 100 watts, 100 watts LS, specified hours.

NEW — Lillian E. Kiefer, Brooklyn, N. Y. — C. P., 1500 kf., 100
watts, 100 watts LS, specified hours (requests facilities of
WMBQ).

NEW— Paul J. Gollhofer, Brooklyn, N. Y.— C. P., 1.500 kf.. 100
watts, 100 watts LS, specified hours (hours of WMBQ).

WCNW — Arthur Faske, Brooklyn, N. Y. — Renewal of license, 1500
kf., 100 watts, 250 watts LS, specified hours (WWRL).

WCNW — Arthur Faske, Brooklyn. N. Y. — Modification of license,
1500 kc., 100 watts, 250 watts LS, unlimited time. Present
assignment: 1500 kf., 100 watts, 250 watts LS, specified
hours (WWRL).

WCNW — .Arthur Faske, Brooklyn, N. Y. — C. P., 1500 kf., 100
watts, 250 watts LS, specified hours (WWRL) (to make
changes in transmitting equipment, install automatic fre¬
quency control apparatus, vertical antenna, and move trans¬
mitter locally).

WCNW — Arthur Faske, Brooklyn, N. Y. — Modification of C. P.,
1500 kf., 100 watts, 250 watts LS, specified hours (WWRL).

WWRL — Long Island Broadcasting Corp., Woodside (L. I.), N. Y.
— Renewal of license, 1500 kf., 100 watts, 250 watts LS,
specified hours.

WWRL — Long Island Broadcasting Corp., Woodside (L. I.), N. Y.
— Modification of license, 1500 kf., 100 watts, 250 watts
LS, specified hours (requests facilities of WCNW).

WWRL — Long Island Broadcasting Corp., Woodside (L. I.), N. Y.
— Modification of license, 1500 kf., 100 watts, 250 watts
LS, specified hours (requests facilities of WMBQ).

Thursday, April 3

Consolidated Hearing

NEW — Western Gateway Broadcasting Corp., Schenectady, N. Y. —
C. P., 1210 kf., 250 watts, unlimited.

NEW — Van Curler Broadcasting Corp., Schenectady, N. Y. — C. P.,
1210 kc., 250 watts, unlimited.

May 8

KWTO — Ozarks Broadcasting Company, Springfield, Mo. — C. P.,
560 kf., 1 KW night, 5 KW day, unlimited, D.\ night.

FUTURE HEARINGS

During the past week the Commission has announced
the following future hearings in broadcast cases. They

are subject to change.

April 11

KGNO — The Dodge City Broadcasting Company, Inc., Dodge City,
Kans. — Modification of license, 1.340 kf., 500 watts night,
1 KW day, unlimited. Present assignment: 1340 kf., 250
watts night, 1 KW day, unlimited.

May 6

NEW — Wayne M. Nelson, Concord, N. C. — C. P., 1380 kf., 1 KW,
daytime.

FEDERAL COMMUNICATIONS
COMMISSION ACTION

APPLICATIONS GRANTED

WIBC — Indiana Broadcasting Corp., Indianapolis, Ind. — Granted
modification of construction permit (Bt-MP-1100) to make

March 28, 1941 — 303

changes in directional antenna for night use ; station operates
on 1(150 Uc. (1070 kc. under NARBA); 1 KW night, S
KVV day, unlimited time, directional antenna night (B4-
MP-1186).

WISE — Radio Station WISE, Inc., Asheville, N. C. — Granted
modification of license to change frequency to 1280 kc.
(under NARBA) ; station now operates on 1370 kc., 2S0
watts, unlimited time (B3-ML-1049) .

WHBQ — Broadcasting Station WHBQ, Inc., Memphis, Tenn. —
Granted construction permit to install new transmitter and
increase day and night power from 100 watts to 250 watts;
station operates on 137(( kc. (1100 kc. under NARBA),
unlimited time (B3-P-307S).

WNYE — Board of Education, City of New York, Brooklyn, N. Y.
— Granted construction permit to change frequency from
41100 kc. to 42100 kc., increase power from 500 watts to
1000 watts, and change type of emission from Ai to special
emission for frequency modulation with a maximum fre¬
quency swing of 75 kc., for non-commercial educational
station WNYE (Bl-PED-18).

EXPERIMENTAL TELEVISION STATIONS
GRANTED

Balaban & Katz Corp., Chicago, Ill. — Granted construction permit
for new experimental television station to operate on
384()00-3i)6(»(K» kc., 10 watts night and day, AS emission,
time of operation in accordance with Section 4.4(a)
(B4-PVB-7g).

Balaban & Katz Corp., Portable-Mobile (area of Chicago, 111.). —
Granted construction permit for new experimental relay
television broadcast station to be used for relay purposes
in connection with applicant’s Television Broadcast Station
W9XBK; frequencies, 3840(K(-3!)(!0(»(I kc., on an experi¬
mental basis only, and upon the express condition that this
authorization is subject to change or cancellation by the
Commission at any time, without advance notice or hear¬
ing; power 10 watts, AS emission only, time of operation
in accordance with Section 4.4(a) (B4-PVB-78).

DESIGNATED FOR HEARING

WGRC — Northside Broadcasting Corp., New .Mbany, Ind. — .Ap¬
plication for construction permit to change frequency from
1370 kc. to 1040 kc. (1080 kc. under NARB.A), increase
pow'er to 5 KW, move studio to Louisville, Ky., move
transmitter from McCullough Pike, near Silver Creek, New
Albany, Ind., to 10 miles northw'est of Louisville in Floyd
County, install directional antenna using different patterns
day and night ; hearing to be consolidated with hearing on
application of Mid-America Broadcasting Corp., Louisville,
Ky,, for construction permit for new station to operate
on 1(140 kc. (1080 kc. under N.ARB.A). 1 KW night, 5
KW LS, directional antenna, unlimited time (B4-P-2782).

MISCELLANEOUS

WNBZ — Plpstate Broadcasting Corp., Saranac Lake, N. Y. —
Granted authority to install automatic frequency control
equipment on 1320 kc. under N.ARBA (Bl-F-189).

WGL — Westinghouse Radio Stations, Inc., Fort Wayne, Ind. —
Granted authority to install automatic frequency control
equipment on 14(50 kc. under NARBA ;B4-F-1S0).

WALB — Herald Publishing Co., Albany, Ga. — Granted modifica¬
tion of construction permit (B3-P-2774, as modified,
which authorized a new broadcast station), for 1500 kc.
under NARBA; 1 KW, unlimited time. No authority to
operate hereunflcr will be granted prior to March 29
(B,t-MP-1201).

WISN — Hearst Radio, Inc,, Milw'aukee, Wis. — Granted modifica¬
tion of construction permit (B4-P-2608, authorizing new
transmitter, installation of directional antenna, increase in
power to 5 KW, and move of transmitter), for authority to
install new transmitter and extend commencement date to
30 davs after grant and completion date to 160 days there¬
after, 112(1 kc. (B4-MP-1191).

WBIR — J. W. Birdwell, Knoxville, Tenn. — Granted modification
of construction permit (B3-P-2840, authorizing new sta¬
tion), for authority to make changes in transmitting equip¬
ment and (.hange frequenc\' to 1240 kc. under N.ARB.4. No
authorit\' to operate hereunder will he granted jarior to
March 29 (B.i-MP-1 185) .

304 — March 28, 1941

WISH — Capitol Broadcasting Corp., Indianapolis, Ind. — Granted
modification of construction permit (B4-P-2906, authoriz¬
ing new station), for frequency of 1310 kc. under NARBA,
make changes in DA for night use and extend commence¬
ment and completion dates to 60 and ISO days after grant
respectively. The permit is granted subject to condition
that, should installation of a radio marker be considered
necessary at a later date, the applicant will be requested
to install same of the approved type if and when the Com¬
mission requires it. No authority to operate hereunder
will be granted prior to March 29 (B4-MP-1198) .

WCAU — WC.AU Broadcasting Co., Philadelphia, Pa. — Granted
construction permit to install new auxiliary transmitter for
emergency use only, on 1120 kc. under NARB.A. No
authority to operate hereunder will be granted prior to
March 29 (B2-P-3106).

KRKO — The Everett Broadcasting Co., Inc., Everett, Wash. —
Granted special temporary authority to operate simultane¬
ously with radio station KEVR between 8 p. m. and 11
p. m. PST, on March 21, 1941, in order to broadcast test
blackout only.

W39B — The Yankee Network, Inc., Boston, Mass. — Granted spe¬
cial temporary authority to operate frequency modulation
station commercially on 43!)0(t kc., 1000 watts power, special
emission for frequency modulation, using the transmitter of
high frequency experimental station WlXER at Summit of
Mount Washington, Sargents Purchase, N, H., for a period
not to exceed 60 days, pending completion of construction
permit Bl-PH-13.

W51G — Zenith Radio Corp., Chicago, Ill. — Granted special tem¬
porary authority to operate frequency modulation station
commercially on 45.1 me., with 5000 watts power, special
emission for frequency modulation, with transmitter located
at 135 S. LaSalle St., Chicago, III., for a period not to exceed
60 davs, pending completion of construction irermit B4-
PH-16.

WRCA-WNBI — National Broadcasting Co., Inc., New York City.
— Granted special temporary authority to operate in accord¬
ance with modification of licenses (Bl-MLIB-44 and Bl-
MLIB-45) except authority is granted to operate WNBI on
17780 kc. for period ending not later than April 15, 1941.

The Yankee Network, Inc., Boston, Mass. — Granted special tempo¬
rary authority to originate the broadcast of a Stanley (Tup
Hockey play-off on March 20, 1941, in Boston, to be carried
over the wires of .American Telephone and Telegraph Com¬
pany or a subsidiary to Toronto, there to be broadcast by
Station CKCL, from 9 p. m., PST, to the conclusion of game.

The Yankee Network, Inc,, Boston, Mass. — Granted special tempo¬
rary authority to originate the broadcast of a Stanley (lup
Hockey play-off scheduled for Saturday, March 22, in Bos¬
ton, to be carried over the wires of .A. T. & T. Co., or a
subsidiary, to Toronto, and to be fed to stations of CBC
from 9 p. m., EST, to conclusion of game.

WHIP — Hammond-Calumct Broadcasting Corp,, Hammond, Ind.
— Granted authority to install automatic frequency control
equipment on !520 kc. under N.ARB.A (B4-F-193).

WMC — Memphis Publishing Co., Inc., Memphis, Tenn. — Granted
authority to install automatic frequency control equipment
on 7!)0 kc. under N.ARBA (B3-F-191).

KTOK — Oklahoma Broadcasting Co., Inc., Oklahoma City, Okla. —
Granted authority to install automatic frequency control
equipment on 14(10 kc. under NARBA (B4-F-192).

KFH — Radio Station KFH Co., Wichita, Kans. — Granted modifi¬
cation of construction permit {B4-P-2462, which authorized
installation of new transmitter and directional antenna for
night use, increase in power, and move of transmitter), for
frequency 1330 kc. under N.ARBA and extension of com¬
mencement and completion dates to 60 and 180 days after
grant, respectively. No authority to operate hereunder will
be granted prior to March 29 (B4-MP-1193) .

KPOW — .Albert Joseph Meyer, Powell, Wyo. — Granted modifica¬
tion of construction permit (B5-P-2S93, for a new broad¬
cast station) for approval of studio and transmitter site at
corner East 7th and Hamilton Sts., Block No. 2, original
townsite, Powell, Wyo.; changes in equipment and antenna
system; and change frequency to 1250 kc. under N.ARB.A.
Tower to be marked in accordance with Specifications “B”.
No aulhorit\' to operate hereunder v\'ill be granted prior to
March 20 ( B5-MP-) 1 62 ) .

WSlkA— Sirartanburg Advertising Co,, Spartanlnirg, S. C. — Granted
modification of construction permit (B3-P-2901, to install

new transmitter, directional antenna for night use; increase
power to 1 KW, 5 K\V LS, hours of operation from daytime
to unlimited; and move of transmitter), for !h)(l kc. under
NARBA, changes in directional antenna system, and exten¬
sion of completion date to 180 days after grant. No au¬
thority to operate hereunder will be granted prior to March
29 (B3-MP-1214).

VVK.AQ — Radio Corp. of Puerto Rico, San Juan, P. R. — Granted
modification of construction permit (B-P-2385, which au¬
thorized installation of a new transmitter and antenna,
change frequency, increase power, move of transmitter), for
approval of transmitter site at San Juan, Dist. (present
licensed site), antenna changes and change in type of trans¬
mitter (B-MP-1114).

WQBC — Delta Broadcasting Co., Inc., Vicksburg, Miss. — Granted
license to cover construction permit (B3-P-3000, which au¬
thorized change in equipment), 1363 kc., 1 KW, daytime
(B3-L-134S).

W71NY — Bamberger Broadcasting Service, Inc., New York, N. Y.
— Granted special temporary authority to operate frequency
modulation station commercially on 47100 kc., with 1000
watts power, special emission for frequency modulation,
with transmitter located at 444 Madison Ave., New York
City, for a period not to exceed 60 days, pending comoletion
of construction permit Bl -PH-46.

WATN — Watertow'n Broadcasting Corp., Watertown, N. Y. —
Granted license to cover construction permit as modified
for new station, for period beginning March 29, 1941 ;
1240 kc. (NARBA), 2S0 watts, unlimited {Bl-L-1333).
Also granted authority to determine operating power by
direct measurement of antenna input on 1240 kc. under
NARBA (Bl-Z-679).

WNEW — Wodaam Corp., New York, N. Y. — Granted modifica¬
tion of construction permit (B1-P-26S7, for installation of
directional antenna for day and night use increase in power
from 1 KW night, 5 KW LS to S KW day and night),
for change in frequency to 1280 kc. under NARBA, and
changes in directional antenna system and extension of com¬
pletion date from June 1, 1941, to 180 days after grant;
no authority to operate hereunder will be granted prior
to March 29, 1941 (Bl-MP-1203).

WHO — Central Broadcasting Co., Des Moines, Iowa — Granted
authority to determine operating power by direct measure¬
ment of antenna power (B4-Z-676).

WMFR — Radio Station WMFR, Inc., High Point, N. C. — Granted
authority to determine operating power by direct measure¬
ment of antenna input on 1230 kc. under N.ARBA (B3-Z-
715).

KFSG — Echo Park Evangelistic Assn., Los Angeles, Cal. — Granted
authority to determine operating power by direct measure¬
ment of antenna input on 1150 kc. under NARBA (B5-Z-
717).

KFH — Radio Station KFH Co., Wichita, Kans. — Granted authority
to determine operating power by direct measurement of
antenna input on 1330 kc. under NARBA (B4-Z-694).

KERN — McClatchy Broadcasting Co., Bakersfield, Calif. — Granted
auljiority to determine operating power by direct measure¬
ment of antenna input on 1410 kc. under NARBA
(B5-Z-718).

WKY — WKY Radiophone Co., Oklahoma City, Okla. — Granted
authority to determine operating power by direct measure¬
ment of antenna input on 030 kc. under N.ARB.A (B3-Z-
698).

KOMO — Fisher’s Blend Station, Inc., Seattle, Wash. — Same, for
auxiliary transmitter, on 050 Itc. under NARBA (BS-Z-
710) ; same for main transmitter, on 050 kc. under N.ARB.A
(B5-Z-711).

KJR — Fisher’s Blend Station, Inc., Seattle, Wash. — Same, for
auxiliary transmitter, on 1000 kc. under NARBA (B5-Z-
712) ; same for main transmitter, on 10f)0 kc. under NARBA
(B5-Z-713).

WCOP — Mass. Broadcasting Corp., Boston, Mass. — Granted special
temporary authority to operate from 6:30 to 7 p. m., EST,
on March 23, in order to broadcast program commemorating
the founding of the Knights of Columbus only (Bl-S-861).

W.ABC — Columbia Broadcasting System, Inc,, New York City. —
Granted modification of construction permit which author¬
ized installation of new transmitter and new vertical an¬
tenna and move of transmitter, for change of frequency
from 860 to 880 kc., in accordance with N.ARB.A; no

authority to operate hereunder will be granted prior to
March 29, 1941.

KBIZ — J. D. Falvey, Ottumwa, Iowa. — Granted modification of
construction permit which authorized a new standard
broadcast station to be operated on 1210 kc., 100 watts
power, unlimited time, for change in frequency to 1‘240 kc.
in accordance with NARBA; no authority to operate here¬
under will be granted prior to March 29, 1941.

WXYZ — King-Trendle Broadcasting Corp , Detroit, Mich. —
Granted license to cover construction permit (BZ-P-2559,
which authorized increase in power to 5 KW, and installa¬
tion of directional antenna) for night use; 1240 kc., un¬
limited time (B2-L-1344). Also granted authority to de¬
termine operating power by direct measurement of antenna
input (B2-Z-705).

WITH — The Maryland Broadcasting Co., Baltimore, Md. —
Granted license to cover construction permit (Bl-P-2792,
which authorized a new station, change location of studio
locally) for period beginning 3 a. m. EST, March 29,
1230 kc. (NARB.A), 250 watts, unlimited time (Bl-L-
1350). Also granted authority to determine operating
power by direct measurement of antenna power on 1230
kc. under N.ARB.A (Bl-Z-716).

KDTH — Telegraph Herald, Dubuque, Iowa. — Granted modifica¬
tion of construction permit which authorized construction
of new station, for changes in directional antenna, extension
of commencement and completion dates from March 7,
1941, and September 7, 1941, to one day after grant and
180 days thereafter respectively, and for change in fre¬
quency to 1370 kc. under N.ARB.A; no authority to operate
hereunder will be granted prior to March 29, 1941 (B4-
MP-1204).

WCED — The Tri-County Broadcasting Co , Du Boise, Pa. —
Granted license to cover construction permit for a new
station for period beginning March 29, 1941; 1230 kc., 250
watts, unlimited time (B2-L-1336). Also granted authority
to determine operating power by direct measurement of
antenna power on 1230 kc. under N.ARB.A (B2-Z-692).

WIP — Pennsylvania Broadcasting Co., Philadelphia, Pa. — Granted
license to cover construction permit B2-P-2997, for authority
to use old RCA 1-D transmitter as auxiliary transmitter,
for emergency use only (B2-L-1347). .Also granted author¬
ity to determine operating power by direct measurement of
antenna input, for auxiliary transmitter; 610 kc., 1 KW,
emergency use only (B2-Z-714).

W47P — Walker & Downing Radio Corp., Pittsburgh, Pa. — Granted
modification of construction permit B2-PH-24, which author¬
ized new high frequency broadcast station, for changes in
antenna (B2-MPH-11).

KAQW — Central States Broadcasting Co., area of Qmaha, Nebr.,
Portable-Mobile. — Granted license to cover construction per¬
mit for new relay broadcast station; 1606 kc., conditionally
2974. 2102, 2758 kc., power 10 watts (B4-LRY-221 ) .

K.AQX — Central States Broadcasting Co., area of Omaha, Nebr.,
Portable-Mobile. — Granted license to cover construction
permit for new relay broadcast station; 1606 kc.. condi¬
tionally 2974, 2102, 2758 kc., power 100 watts (B4-LRY-
222).

W6XHH — Hughes Production Division of Hughes Tool Co., Los
.Angeles, Cal. — Granted modification of construction permit
(B5-PVB-62) for new television broadcast station in part,
for extension of commencement date to .April 15 and com¬
pletion date to October 15, 1941 ( B5-MPVB-34) .

W6XHT — Hughes Production Division of Hughes Tool Co., San
Francisco — Granted modification of construction permit
(B5-PVB-63) for new television broadcast station in part,
for extension of commencement date to .April 15 and com¬
pletion date to October 15, 1941 (BS-MPVB-35 ) .

W9XG — Purdue University, W, La Fayette, Ind. — Granted modifi¬
cation of construction permit (B4-PVB-52, which author¬
ized changes in equipment, frequency, power and emission
of television station) for extension of completion date to
Sept. 24, 1941 (B4-MPVB-36) .

WMBQ — Metropolitan Broadcasting Corp., Brooklyn, N. Y. —
Oral argument on Report No. B-131, in re WNBQ, WCNW,
WWRL and other Brookivn cases, scheduled for .April 3,
1941.

WNYC — Municipal Broadcasting System of the City of New York,
New York City — Petition to intervene in hearing on appli¬
cation of Camden Broadcasting Co. for new station, passed.

March 28, 1941— 305

Butler Radio, Inc., Tyler, Texas. — Motion for leave to amend
api)lication for construction permit to specify frequency
1400 kc. under NARBA. passed.

Ralph L. Lewis, Greensboro, N, C, — Motion for leave to amend
application for construction permit to request frequency
14(10 kc. under NARBA, passed.

KNOE — KNOE, Inc., Monroe, La. — Granted petition to intervene
in the hearing on the application of KMLB, Monroe, La., to
change frequency, increase power, etc.

KERO — Voice of Longview, Longview, Tex. — Granted petition to
intervene in the hearing on application of KGNO, Dodge
City, Kans., for modification of license to increase night
power on LTKI kc. to 500 watts.

KGNO — The Dodge City Broadcasting Co., Inc., Dodge City, Kans.
— Granted motion to continue hearing now scheduled for
March 28, for a period of 2 weeks, in re application for modi¬
fication of license.

Worcester Broadcasting, Inc., Worcester, Mass. — Granted motion
to dismiss without prejudice application for construction
permit to operate on 42(1(1 kc., 250 watts, unlimited time,
using two 100-watt amplifier stations.

WKBB — Sanders Brothers Radio Station, Dubuque, Iowa. —
.'\dopted order denying petition for rehearing filed by Sanders
Brothers Radio Station directed against the action of the
Commission on January 7, 1941, granting without, hearing
the application of Telegraph Herald (KDTH), Dubuque,
Iowa, for modification of construction permit for new station
(B4-P-960) for approval of transmitter site and directional
antenna for night use; 134(1 kc., 1 KW day and night, using
directional antenna at night.

W,tX.4D — RC.4 Manufacturing Co., Inc., Portable (area of Cam¬
den, N. J.). — Granted renewal of television broadcast station
license for the period ending February 1, 1941. (Bl-RVB-17)

WHXE — Philco Radio & Television Corn., Philadelphia, Pa. —
Granted further extension upon a temporary basis only, of
television station license, pending determination upon appli¬
cation for renewal of license, to not longer than May 1, 1941
(B2-SVB-8).

W,(XP — Philco Radio & Television Corp., Portable (area of Phila¬
delphia, Pa.). — Granted further extension upon a temporary
basis onh’, of television station license, pending determina¬
tion upon application for renewal of license, to not longer
than May 1, 1941 (B2-SVB-19).

W9XZY — The Pulitzer Publishing Co., St. Louis, Mo, — Granted
further extension of facsimile station license, upon a tempo¬
rary basis only, pending determination upon application for
renewal of license, to not longer than May 1, 1941.

W2X\'P — City of New York, Municipal Broadcasting System, New
York, N. Y. — Granted extension of high frequency broad¬
cast station, upon a temporary basis only, pending determi¬
nation upon application for renewal of license to not later
than May 1, 1941 (Bl-SHB-71).

W5XAU — WKY Radiophone Co., Oklahoma City, Okla, — Granted
extension of high frequency broadcast station, upon a tem¬
porary basis only, pending determination upon application
for renewal of license to not later than May 1, 1941
(lD-SHB-21).

W.4WT— Birncy lines, Columbus, Miss. — Granted special tempo¬
rary authority to operate relay station W.WVT, licensed to
the Voice of Alabama, Inc., on April 5, 1941, in order to
conduct tests, and on .April 6, 1941, in order to relay broad¬
cast program in connection with second annual pilgrimage
to the old antebellum homes and points of historic interest,
to radio station WCBl; frequencies 1()22, 2(b)8, 21;)(l, 271)0
kc., 25 watts, A5 emission.

WQDM — Regan & Bostwick, St. .Albans, \’t. — Granted special tem¬
porary authority to operate on frequency 1420 kc. for the
period March 29, 1941, until station WWSR is authorized
to conduct program tests but ending not later than April 27,
1941.

WBRB — Monmouth Broadcasting Co., Red Bank, N. J, — Granted
sijecial temporary authority to remain silent for the period
beginning March 21, 1941, and ending not later than .April
19, 1941, pending completion of adjustments made neces¬
sary by fire.

The Tribune Company, Tampa, Fla. — Granted authority to con¬
duit |)rogram tests for a period not exceeding 30 days beyond
March 22, but beginning March 29 it shall use frequency
117(1 kc. instead of 1*40 kc.

APPLICATIONS FILED AT FCC

560 Kilocycles

WQ.AM — Miami Broadcasting Co., Miami, Fla. — Construction per¬
mit to install new transmitter and increase power from
1 KW to 5 KW day and night. .Amended to request 5 KW
daytime, 1 KW nighttime.

570 Kilocycles

WSYR — Central New York Broadcasting Corp., Syracuse, N. Y. —
Construction permit to install new transmitter, make changes
in directional antenna (use day and night) and increase
power from 1 to 5 KW. Amended to make changes in direc¬
tional antenna.

620 Kilocycles

WTMJ — The Journal Co. (The Milwaukee Journal), Milwaukee,
Wise. — Modification of construction permit (B4-P-2696) for
installation of directional antenna and increase in power,
requesting extension of completion date.

KWFT — Wichita Broadcasting Co., Wichita Falls, Texas. — Modifi¬
cation of license to increase power from 5 KW daytime, 1
KW nighttime, to 5 KW day and night.

780 Kilocycles

KECA — Earle C. Anthony, Inc., Los Angeles, Calif. — Authority to
install automatic frequency control equipment for auxiliary
transmitter on 7!)() kc. under N.ARB.A.

850 Kilocycles

WWL — Loyola University, New Orleans, La. — .Authority to deter¬
mine operating power by direct measurement of antenna
•power on 870 kc. under NARBA.

860 Kilocycles

W.ABC — Columbia Broadcasting System, Inc., New York, N. Y. —
Modification of construction permit (Bl-P-2855) as modi¬
fied which authorized move of transmitter, new antenna,
new transmitter requesting extension of completion date
from 4-25-41 to 10-25-41,

WABC — Columbia Broadcasting System, Inc., New York, N. Y. —
Modification of construction permit (Bl-MP-1221) which
authorized construction of new auxiliary transmitter re¬
questing extension of completion date from 5-27-41 to
10-25-41.

WHB — WHB Broadcasting Co., Kansas City, Mo. — Authority to
make changes in automatic frequency control equipment on
880 ke. under NARBA.

880 Kilocycles

WFDF — Flint Broadcasting Co., Flint, Mich. — Modification of
construction permit (B2-P-2451) as modified which author¬
ized installation of new transmitter, directional antenna,
change in frequency, increase power, and move, of trans¬
mitter, requesting changes in directional antenna and 1)10 kc.
under N.ARBA.

WRNL — Richmond Radio Corp., Richmond, Va. — License for
1)10 kc. under N.ARB.A and changes in directional antenna.

WRNL — Richmond Radio Corp., Richmond, \^a. — .Authority to
determine operating power by direct measurement of antenna
on 1)10 kc. under NARBA.

890 Kilocycles

WJ.AR — The Outlet Co., Providence, R. 1. — Modification of con¬
struction permit (Bl-P-2192) for changes in directional
antenna, increase in power, and move of transmitter, for
1)20 kc. under N.ARB.A, changes in directional antenna and
installation of new transmitter, and extension of completion
date from 6-22-41 to 180 days after grant.

900 Kilocycles

KHJ — Don Lee Broadcasting System, Los .Angeles, Calif. — Modifi¬
cation of construction permit (B5-P-2843) as modified
which authorized changes in equipment, increase in power,
directional antenna, move transmitter, requesting changes
in directional antenna, 1)30 kc. under N.ARB.A, and exten¬
sion of commencement and comi)letion dates.

306 — March 28, 1941

920 Kilocycles

WPEN — Wm. Penn Broadcasting Co., Philadelphia, Pa. — Modifi¬
cation of construction permit (B2-P-2658) as modified for
new transmitter and increase in power, requesting !)5() kc.
under NARBA, changes in directional antenna and e.xtension
of completion date.

930 Kilocycles

WSBT — The South Bend Tribune, South Bend, Ind. — Modifica¬
tion of construction permit (B4-P-900) as modified which
authorized new transmitter, move of transmitter, change in
frequency, hours of operation and directional antenna, re¬
questing changes in directional antenna, 9(50 kc‘. under
NWRBA, and e.xtension of completion date.

940 Kilocycles

VVAAT — Bremer Broadcasting Corp., Jersey City, N. J. — Modifica¬
tion of construction permit (Bl-P-2704) as modified for
new transmitter, directional antenna for night use, change
in hours of operation, increase in power, move of trans¬
mitter, for 970 kc. under NARBA, and changes in direc¬
tional antenna.

WCSH — Congress Square Hotel Co., Portland, Maine. — Modifica¬
tion of construction permit (B1-P-2S3S) as modified for
installation of directional antenna and increase in power,
requesting changes in directional antenna and 970 kc. under
NARBA.

KOIN — KOIN, Inc., Portland, Ore. — Authority to install auto¬
matic frequency control equipment on 970 kc. under
NARBA.

990 Kilocycles

VVBZA — Westinghouse Radio Stations, Inc., Springfield, Mass. —
Construction permit to change frequency from 990 kc. to
940 kc. (970 kc. NARBA), increase in power from 1 to S
KW, hours from unlimited when synchronized with WBZ
to unlimited, install new transmitter, directional antenna for
day and night use, move transmitter from East Springfield
to West Springfield, Mass., and studio from Boston to
Springfield, Mass.

1010 Kilocycles

WHN — Marcus Loew Booking Agency, New York, N. Y. — Au¬
thority to install automatic frequency control equipment on
1050 kc. under NARBA.

WHN — Marcus Loew Booking Agency, New York, N. Y. — Au¬
thority to determine operating power by direct measurement
of antenna power on 1050 kc. under NARBA.

1030 Kilocycles

WBZ — Westinghouse Radio Stations, Inc., Boston, Mass. — Modifi¬
cation of license to change hours of operation from un¬
limited when synchronized with WBZA to unlimited on
990 kc. (1030 kc. under NARBA). Contingent on grant of
WBZA application Bl-P-3128).

1040 Kilocycles

WTIC — Westinghouse Radio Stations, Inc., Boston, Mass. — Au¬
thority to determine operating power by direct measurement
of antenna power on 1080 kc. under NARBA.

1120 Kilocycles

WJBC) — Baton Rouge Broadcasting Co., Inc., Baton Rouge, La. —
Modification of construction permit (B3-P-2766) as modi¬
fied which authorized installation of new transmitter, in¬
crease in power directional antenna, requesting changes in
directional antenna, 1150 kc. under NARBA, and extension
of completion date.

1140 Kilocycles

WAPI — Yoice of Alabama, Inc., Birmingham, Ala. — Construction
permit to change frequency from 1140 kc. to 1070 kc.
(under N.'\RB.\), install a new transmitter, increase power
from 5 to 50 KW, change hours of operation from simul¬
taneous day, share night K\’00, to unlimited time, install
directional antenna for night use, and move transmitter.
.Amended re directional antenna.

1200 Kilocycles

WENY — Elmira Star-Gazette, Inc., Elmira, N. Y. — Authority to
determine operating power by direct method on 1230 kc.
under NARB.A.

KVCV — Golden Empire Broadcasting Co., Redding, Calif. — .Au¬
thority to determine operating power by direct measurement
of antenna power on 1339 kc. under N.ARB.A.

1210 Kilocycles

KSON — Monterey Peninsula Broadcasting Co., Monterey. Calif.- — ■
Construction permit to install new transmitter, move trans¬
mitter, increase power from 100 watts to 500 watts night,
1 KW daytime, change frequency from 1219 kc. to 1449 kc.
Amended to specify transmitter site as near Moss Landing,
Calif., install new transmitter, directional antenna for day
and night use, increase power to 5 KW day and night, and
request 1479 kc. under N.ARB.A.

WHIZ — W.ALR Broadcasting Corp., Zanesville, Ohio. — Modifica¬
tion of license to change name of corporation to Southeast¬
ern Ohio Broadcasters, Inc.

1220 Kilocycles

WDAE — Tampa Times Co., Tampa, Fla. — License for 1359 kc.
under NARB.A and changes in directional antenna.

WDAE — Tampa Times Co., Tampa, Fla. — .Authority to determine
operating power bv direct measurement of antenna power
on 1359 kc. under N.ARB.A.

WC.AE — WC.AE, Inc., Pittsburgh, Pa. — Authority to determine
operating power by direct measurement of antenna power
on 1250 kc. under NARB.A.

1230 Kilocycles

WOL — .American Broadcasting Co., Washington, D. C. — License
for 1260 kc. under NbARB.A and changes in directional
antenna.

WOL — .American Broadcasting Co., Washington, D. C. — .Authority
to determine operating power by direct measurement of
antenna power on 1260 kc. under N.ARB.A.

NEW — Central New York Broadcasting Corp., Elmira, N. Y. —
Construction permit for a new standard broadcast station
to be operated on 1330 kc., 250 watts, unlimited time; con¬
tingent on WENY going to new frequency of 590 kc.

1250 Kilocycles

NEW — Greensboro Broadcasting Co., Inc., Greensboro, N. C. —
Construction permit for new broadcast station to be operated
on 1250 kc., 250 watts, daytime hours of operation.
.Amended to request 980 kc. under NARB.A, 1 KW power,
changes in antenna, type of transmitter, transmitter site as
E. site of Ashe St., S. site of Buffalo Creek, S. edge of
Greensboro, N. C., and studio site to be determined,
Thomasville, N. C.

KIT — Carl E. Haymond, Yakima, Wash. — .Authority to install
automatic frequenev control equipment on 1280 kc. under
NARBA.

1260 Kilocycles

KHSL — Golden Empire Broadcasting Co., Chico, Calif. — .Authority
to determine operating power by direct measurement of
antenna power on 1390 kc. under NARB.A.

1270 Kilocycles

KOL — Seattle Broadcasting Co., Seattle, Wash. — .Authority to
determine operating power by direct measurement of antenna
power on 1300 kc. under N.ARB.A.

1280 Kilocycles

WIB.A — Badger Broadcasting Co., Inc., Madison, Wis. — Authority
to install automatic frequency control equipment on 1310 kc.
under NARB.A.

WC.AM — City of Camden, Camden, N. J. — .Authority to install
automatic frequenev control equipment on 1310 kc. under
N.ARB.A,

1290 Kilocycles

KTRH — KTRH Broadcasting Co., Houston, Tex. — Modification
of construction permit tB3-P-2788) to install directional

March 28, 1941 — 307

antenna for night use and increase power, for change in
frequency to IHiJO kc. under NARBA, changes in directional
antenna, extension of completion date from 9-14-41 to 180
days after grant.

WATR — The WATR Co., Inc., Walerbury, Conn. — License for
133(1 kc. under N.'^RBA and changes in directional antenna.

WATR — The W.^TR Co., Inc., Waterbury, Conn. — Authority to
determine operating power by direct measurement of an¬
tenna power on 133(1 kc. under NARBA.

1300 Kilocycles

KALE — KALE, Inc., Portland, Ore. — Authority to determine oper¬
ating power by direct measurement of antenna power.

KALE — KALE, Inc., Portland, Ore. — Authority to install auto¬
matic frequency control equipment on 133(1 kc. under
NARBA.

KALE — K.ALE, Inc., Portland, Ore. — License to cover construction
permit (B5-P-2729) to install directional antenna for night
use and increase in power.

1310 Kilocycles

WTEL — P'oulkrod Radio Engineering Co., Philadelphia, Penna. —
Construction permit to make changes in equipment, request¬
ing 134(1 kc. under NARBA and increase in power from
ICO watts to 250 watts.

WIIAT — Independence Broadcasting Co., Inc., Philadelphia, Pa. —
Construction permit to install new transmitter, directional
antenna for day and night use, change in frequency from
131(1 to 113(1 kc., increase in power from 100 watts to 5
KW, change hours of operation from sharing time with
WTEL to unlimited time, and move transmitter.

KGEZ — Donald C. Treloar, Kalispell, Mont. — Modification of
construction permit (B3-P-2573) for new transmitter, in¬
crease in power and change in frequency, requesting author¬
ity to install directional antenna for night use. Amended:
To request 146(1 kc. under NARBA, and changes in direc¬
tional antenna.

WTJS — The Sun Publishing Co., Inc., Jackson, Tenn. — Modifica¬
tion of construction permit (B3-P-2S2S) for new trans¬
mitter, installation of directional antenna for night use,
increase in power, change in frequency, requesting 1311(1 kc.
under NARBA, changes in directional antenna and exten¬
sion of completion date from 6-22-41 to 180 days after
grant.

WFDF — Flint Broadcasting Co., Flint, Mich. — Modification of
construction permit (B2-P-2451) as modified for installation
of new transmitter and directional antenna for day and
night use, increase in power, change in frequency and move
of transmitter, requesting extension of completion date from
4-14-41 to 6-14-41.

KWOC — A. L. McCarthy, 0. A. Tedrick and J. H. Wolpers, d'b
as Radio Station KWOC, Poplar Bluff, Mo. — Construction
permit to change frequency from 131(1 to 1311(1 kc. (133(1
kc. under NARILA), increase power from 250 watts to 1
KW and make changes in equipment and antenna. Facili¬
ties of KLCN.

1320 Kilocycles

WADC — Allen T. Simmons, Village of Tallmadge, Ohio. — License
for 135(1 kc. under NARBA and changes in directional
antenna.

WADC — Allen T. Simmons, Village of Tallmadge, Ohio. — Author¬
ity to determine operating power by direct measurement
of antenna power on 133(1 kc. under NARBA.

1330 Kilocycles

KMO — Carl E. Haymond, Tacoma, Wash. — Authority to install
automatic frequency control on 1360 kc. under NARBA.

KSej — Perkins Brothers Co. (The Sioux City Journal), Sioux
City, Iowa. — Modification of construction permit (B4-P-
2290) as modified for increase in power and installation
of directional antenna for night use requesting changes in
directional antenna, 136(1 kc. under NARB.A. and extension
of completion date.

1350 Kilocycles

KTSM — Tri State Broadcasting Co., Inc,, El Paso, Texas. — Modi¬
fication of license to increase power from 500 watts to 500

308 — March 28, 1941

watts night, 1 KW daytime. Amended: To request 1380
kc. under NARBA.

1360 Kilocycles

Wese — South Carolina Broadcasting Co., Tnc., Charleston, S. C. —
Authority to determine operating power by direct measure¬
ment of antenna power on 131)() kc. under NARBA.

WFBL — Onondaga Radio Broadcasting Corp,, Syracuse, N. Y. —
License for 1390 kc. under NARBA and change in direc¬
tional antenna.

WFBL — Onondaga Radio Broadcasting Corp., Syracuse, N. Y. —
.Authority to determine operating power by direct measure¬
ment of antenna power on 1390 kc. under NARBA.

1370 Kilocycles

WDAS — WD.'VS Broadcasting Station, Inc., Philadelphia, Penna. —
Construction permit to install new transmitter, directional
antenna for day and night use, change frequency from
1370 to 1360 kc. under NARBA, increase power from 250
watts to 1 KW night, 5 KW daytime and move transmitter.
Amended: To omit request for directional antenna during
daytime.

WPAY — Vee Bee Corporation, Portsmouth, Ohio. — Modification
of construction permit (B2-P-2685) which authorized
changes in antenna system, changes in transmitter, increase
in power, and move of transmitter requesting extension of
completion date,

NEW — Lexington Broadcasting Co., Lexington, N, Car. — Con¬
struction permit for new standard broadcast station to be
operated on 137(1 kc., 250 watts, unlimited time. Class IV.

KENO — George Penn Foster, Maxwell Kelch and Calvert Charles
Applegate, d b as Nevada Broadcasting Co., Las Vegas, Ne-
vacla. — Voluntary assignment of license to Nevada Broad¬
casting Company.

KENO — George Penn F'oster, Maxwell Kelch and Calvert Charles
Applegate, d/b as Nevada Broadcasting Co., Las Vegas, Ne-
vacla. — .Authority to determine operating power by direct
measurement of antenna power on 1400 kc. under NARBA.

NEW — Dorman Schaeffer, Klamath Falls, Ore. — Construction per¬
mit for a new standard broadcast station to be operatecl on
1370 kc., 250 watts, unlimited hours, Class IV station.
Amended to specify studio site.

WKWK — Community Broadcasting, Inc., Wheeling, W. Va. — Modi¬
fication of construction permit (B2-P-2967) for a new
station, requesting approval of antenna system, approval of
studio and transmitter sites, and requesting 1400 kc. under
NARBA.

KYAN — J. Cecil Bott, Matilda Lannen, and Nellie Bott, d/b as
The Western Broadcasting Co. of Wyoming, Cheyenne,
Wyo. — Authority to determine operating power by direct
measurement of antenna power on 1400 kc. under N.ARBA,

WSVS — Board of Education, (Tity of Buffalo, Buffalo, N. Y. —
.Authority to install automatic frequency control equipment
on 1400 'kc. under NARBA.

1380 Kilocycles

WNBC — State Broadcasting Corp., New Britain, Conn. — Modifi¬
cation of construction permit (Bl-P-2723) as modified
which authorized new transmitter and increase in daytime
power, requesting changes in directional antenna, 1410 kc.
under N.ARB.A, and extension of commencement and com¬
pletion dates.

WKBH — WKBH, Inc., LaCrosse, Wis. — .Authority to determine
operating power by direct measurement of antenna power
on 1410 kc. under NARBA.

1390 Kilocycles

KABR — Aberdeen Broadcast Co., Aberdeen, S. Dak. — License to
cover construction permit (B4-P-262S) as modified for new
equipment, increase in irower and changes in directional
antenna.

KABR — Aberdeen Broadcast Co., Aberdeen, S. Dak. — .Authority
to determine operating power by direct measurement of
antenna power.

WFCI — Pawtucket Broadcasting Co., Pawtucket, R. 1. — Modifica¬
tion of construction permit (Bt-P-lS77) as modified which
authorized construction of new broadcast station, requesting
143(1 kc. under N.ARB.A and changes in directional antenna
system.

1420 Kilocycles

WWDC — Capital Broadcastinp; Co., Washington, D. C. — Modifi¬
cation of construction permit (Bl-P-2679) for a new broad¬
cast station, requesting changes in synchronous amplifier
equipment and antenna and extend commencement and com¬
pletion dates from 12-29-40 and 6-29-41 to 30 days after
grant and 180 days thereafter, respectively. Amended to
request 1450 kc. under N.\RBA.

1430 Kilocycles

WHP — WHP, Inc., Harrisburg, Pa. — License for 14()0 kc. under
N.\RB.A and changes in directional antenna.

WHP — WHP, Inc., Harrisburg, Pa. — Authority to determine op¬
erating power by direct measurement of antenna power on
1460 kc. under NARB.A.

1440 Kilocycles

WBIG — North Carolina Broadcasting Co., Inc., Greensboro, N. C.
— Modification of construction permit (B3-MP-833) for in¬
crease in power, installation of directional antenna for night
use, requesting 1470 kc. under N.\RB.\ and changes in
directional antenna.

1470 Kilocycles

WLAC — J. T. Ward, trading as WL.\C Broadcasting Service,
Nashville, Tenn. — Authority to determine operating power
bv direct measurement of antenna power on 1510 kc. under
NARBA.

1480 Kilocycles

WKBW — Buffalo Broadcasting Corp., Buffalo, N. Y. — .4uthority
to determine operating power by direct measurement of
antenna power on 1520 kc. under NARB.^.

1490 Kilocycles

KFBK — McClatchy Broadcasting Co., Sacramento, Calif. — .Au¬
thority to determine operating power by direct measurement
of antenna power on 1530 kc. under N.4RB.4.

NEW — San Jose Broadcasting Co., San Jose, Calif. — Construction
permit for new broadcast station to be operated on 1400 kc.
under N.ARBA, 250 watts, unlimited time.

1500 Kilocycles

WKRO — Oscar C. Hirsch, Cairo, Ill. — Modification of construction
permit (B4-P-3022) which authorized construction of new
broadcast station, requesting approval of transmitter and
studio sites at On U. S. Highway 51, 1.1 miles north of
Cairo, Ill., vertical antenna, and 14!)0 kc. under N.ARB.A.

WWSW — Walker and Downing Radio Corp., Pittsburgh, Pa. —
Construction permit to install new transmitter, directional
antenna for day and night use, change frequency from 15(10
kc. to 94(1 kc., increase power from 250 watts to 1 KW
night, 5 KW day, move transmitter from Pittsburgh to
Stowe Twp., Pa. .Amended to request 970 kc. under
N.4RB.A and changes in directional antenna.

KEYS — Earl C. Dunn and Chas. W. Rossi, d.'b as Nueces Broad¬
casting Co., Corpus Christi, Tex. — License to cover construc¬
tion permit (B3-P-2931) as modified for a new standard
broadcast station.

KEYS — Earl C. Dunn and Chas. W. Rossi, d/b as Nueces Broad¬
casting Co., Corpus Christi, Tex. — Authority to determine
operating power by direct measurement of antenna power.

KGFI — Eagle Broadcasting Co., Inc., Brownsville, Tex. — .Authority
to install automatic frequency control equipment on 1490
kc. under N.ARB.A.

FM APPLICATIONS

NEW — E. .Anthony & Sons, Inc., New Bedford, Mass. — Construc¬
tion permit for new high frequency broadcast station for
45700 kc., population 203,000, coverage 1,037 square miles,
transmitter to be located at Fairhaven, Mass. .Amended to
specify population 350,250, coverage 1,787 square miles, and
change type of transmitter,

W47NV — The National Life and Accident Insurance Co., Nashville,
Tenn. — License to cover construction permit (B3-PH-44)
for a new high frequency broadcast station.

W75P — Westinghouse Radio Stations, Inc., Pittsburgh, Pa. — Modi¬
fication of construction permit (B2-PH-66) for a new high
frequency broadcast station, requesting approval of trans¬
mitter and to state population as 2,940,000.

TELEVISION APPLICATIONS

W6X\'Z — Television Productions, Inc., Los .Angeles, Calif. — Modi¬
fication of construction permit (B5-PVB-,LL which author¬
ized a new television station) for extension of commencement
and completion dates from 10-5-40 and 4-5-41 to 4-15-41
and 10-15-41, respectively.

MISCELLANEOUS APPLICATIONS

W3XPA' — Bell Telephone Laboratories, Inc., Whippany, N. J. —
Modification of license to change frequencies from 43100,
43700, 44300 to 43500, 49100 kc.

NEW — The Tribune Co., Portable-Mobile. — Construction permit
for a new relay broadcast station to be operated on 1622,
2058, 2150, 27'90 kc., power 40 watts, emission ,A3.

NEW — The Tribune Co., Portable-Mobile. — Construction permit
for a new relav broadcast station to be operated on 1622,
2058, 2150. 2790 kc.. power 40 watts, emission .A3.

W3XPY — Bell Telephone Laboratories, Inc., Whippany, N. J. —
Modification of license to change frequencies from 43100,
43700 and 44300 kc. to 43500 and 49100 kc.

WGEO — General Electric Co., Schenectady, New York. — Construc¬
tion permit to install new transmitter.

WGE.A — General Electric Co.. Schenectady, New York. — Modifica¬
tion of construction permit (Bl-PIB-25) requesting exten¬
sion of completion date.

WELT — Racine Broadcasting Corp., Racine, Wisconsin. — License
to cover construction permit {B4-PRE-355) for new relay
broadcast station.

KGEI — General Electric Co., San Francisco, Calif. — Modification
of construction permit (B5-PIB-24) requesting extension of
completion date from 4-6-41 to 7-1-41.

FEDERAL TRADE
COMMISSION ACTION

COMPLAINTS

Federal Trade Commission has alleged unfair compe¬
tition against the following firms. The respondents will
be given an opportunity to show cause why cease and
desist orders should not be issued against them.

Control Prodiift.s Coiiipaii.v — .An amended complaint has been
issued charging Callie E. Morris, trading as Control Products Co.,
927 Putnam .Ave., Brooklyn, with disseminating false advertise¬
ments in violation of the Federal Trade Commission Act in the
sale of the “Control Flow and Adjuster,’’ a therapeutic device.

According to the amended complaint, the respondent represents
in advertising matter distributed in various States that his device,
designed for direct attachment to water faucets, may be safely
used in colonic and vaginal irrigations. However, the complaint
alleges that such use would be dangerous and further charges the
respondent with disseminating false advertisements through failure
to reveal therein the consequences which may result from use of
the device under conditions prescribed in the advertisements or
under customary or usual conditions.

The amended complaint charges the respondent with failure to
reveal in such advertisements that use of the device may result in
serious and irreparable injury to health because of inability to
control the amount of intake of water and by reason of the high
pressure produced by using the device directly connected to a
water faucet.

The amended complaint further charges the respondent with
advertising his device as being capable of removing waste and
poisons from the body and blood stream, restoring dormant glands

March 28, 1941 — 309

and weak vitality, and beneficially affecting the blood circulation,
and as constituting a cure or remedy for all intestinal and rectal
diseases, for constipation, vaginal disorders, enlarged prostate gland,
kidney and bladder trouble, cancer, consumption, appendicitis,
rheumatism and other diseases.

The amended complaint alleges that use of the respondent’s
device will not accomplish the results claimed. It further alleges
that the product’s therapeutic value is limited to the temporary
relief of constipation to the extent afforded by an ordinary enema,
but that the device would not provide a proper treatment for
constipation because, if used as directed by the respondent, it would
tend to cause enema habit, and because of the danger in employing
water direct from a faucet. (3340)

Meadors iManiif'actiiring Company — A complaint has been
issued charging P. D. Meadors and M. M. Meadors, trading as
Meadors Manufacturing Co., Greenville, S. C., with the use of
lottery methods in the sale of candy and nut products.

The respondents, according to the complaint, sell to dealers
assortments of candy and nuts so packed and assembled as to
involve the use of games of chance, gift enterprises or lottery
schemes when the merchandise is sold to the consuming public.

Charging that the respondents’ practices have been contrary to
Federal Government public policy and the Federal Trade Com¬
mission Act, the complaint grants the respondents 20 days for
filing answer. (4473)

STIPULATIONS

Following stipulations have been entered into during
the past week by the Commission.

Imperial Furniture Company — In a stipulation entered into.
Imperial Furniture Co., Grand Rapids, Mich,, agrees to cease using
the term “All Mahogany” in advertisements, labels, invoices or
other media as descriptive of any furniture product not composed
of “.\11 Mahogany.” The stipulation provides that if the exterior
surfaces of such furniture are composed of “All Mahogany” or
mahogany veneer, the words “All Mahogany,” if used to describe
such exterior surfaces, shall be immediately accompanied by other
words in equally conspicuous type so as to indicate clearly that
the product is not made wholly of mahogany and that the words
"All Mahogany” refer only to its exterior surfaces. (3051)

Nation Wide Optical Company — Trading under the name
Nation Wide Optical Co., Hershel H. Shugart, 612 Travis St.,
Houston, Tex., who conducts a mail order optical business, entered
into a stipulation in which he agrees to cease employing in adver¬
tising matter the phrase “Distributors for Petersburg Lens Co.,”
alone or in connection with the name “Petersburg, Va.” or other
words as descriptive of the nature of his business. According to
the stipulation, the respondent is neither associated as a distributor
with any Petersburg, Va., firm, nor are the optical goods he sells
manufactured there. Petersburg, the stipulation continues, is known
as a center for quality optical goods. (3050)

Wcmitley, Inc., New Orleans, manufacturer of men’s neckwear,
stipulated that it wall cease certain representations in the sale of
its products.

The respondent corporation agrees to discontinue using the
words “Silk and Bemberg” as descriptive of those of its products
which are not composed of silk, and of Bemberg rayon (rayon
made by the cuprammonium process). The respondent corporation
further agrees to discontinue employing the word “Silk” as de¬
scriptive of the fiber content of a product and the word “Bemberg”
lo designate otlier fibers of which the product is composed in part,
when in fact tlie fiber contents are not, respectively, made wholly
from uiuveiglited silk, and from rayon made by the cuprammonium
process.

310 — March 28, 1941

The stipulation provides that if such a product is composed in
substantial part of silk which has been weighted, the word “Silk,”
if used as descriptive of the weighted silk content, shall be imme¬
diately accompanied by the word “weighted” in equally con¬
spicuous type with a dear indication of the maximum percentage
of weighting.

If the product also contains rayon, this fact, according to the
stipulation, shall be clearly disclosed in the invoices, labeling and
all printed matter, such disclosure of the fiber contents to be made
by properly naming each constituent in the order of its predomi¬
nance bv weight, beginning wdth the largest single constituent.
(3049)

CEASE AND DESIST ORDERS

The Commission has issued the following cease and
desist orders:

.Aiiiericaii Drug and Clieiniral Co., 420 South 6th St., Minne¬
apolis, has been ordered to discontinue disseminating advertisements
which misrepresent its medicinal preparations known as “.4rdanol,”
“Chloro-Zol” and “Germ-I-Tabs.”

The order directs the respondent to cease and desist from dis¬
seminating advertisements which represent that Ardanol is a cure
or remedy for sterility in either sex, or will restore or beneficially
affect fertility, or possesses any value as a preventive of abortion;
that Chloro-Zol and Germ-I-Tabs have any value in connection
with feminine hygiene other than as a douche, or that Chloro-Zol
is a competent treatment for bromidrosis, tetter, Cuban itch and
other skin diseases or conditions, (4200)

Certaiie Coiupany — Rosemarie Lewis, trading as Certane Co.,
1212 West Washington Blvd., Los Angeles, has been ordered to
discontinue certain misleading representations in the sale of feminine
hygiene preparations consisting of an ointment, a jelly, an anti¬
septic powder, a douche powder and cones, all sold under the name
“Certane,” and appliances known as “Douche Shields,” “.Appli¬
cators,” “Dia-Caps” and “Dia-Domes.”

Commission findings are that the respondent, in newspaper,
periodical and circular advertisements distributed in various States,
represented that her products, if used as directed, constitute safe
and effective preventives against conception and pregnancy, and
that they prevent disease and consist in whole or in part of in¬
gredients which are effective in insuring health and youth to wives
and mothers.

■According to Commission findings, the respondent’s products
will not accomplish the results claimed and it is possible for serious
injury to result from the use under certain conditions of the
product known as “Douche Shields.”

The Commission order directs the respondent to cease and desist
from the representations made.

The Commission ordered the proceeding closed as to Certane
Co., Inc., a defunct corporation named in the complaint. (3486)

(liicago Tliermo-Magiietie Cushion Co., and .A. Mercer
Parker, its president, 36 West Randolph St., Chicago, have been
ordered to cease and desist from misrepresentations in the sale of
“Thermo-Magnetic Cushion,” an electric device intended for treat¬
ment of disease.

The Commission order directs the respondents to cease repre¬
senting that use of their device constitutes a cure or remedy for
constipation, colds, rheumatism, lumbago, sciatica, menstrual dis¬
orders, neurotic conditions and other ailments, or that it has any
therapeutic value in treating such conditions in excess of affording
temporary relief from menstrual pain or pain associated with
rheumatism, lumbago, sciatica and neurotic conditions, when local¬
ized in an area affected by heat from such device. The respondents
also are ordered to desist from representing that the use of their
device will revitalize the human system. (3523)

•luliau S. (’olm, IS West 37tl'i St., New A"ork, handkerchief
distributor, has been ordered to cease and desist from representing

that he is the manufacturer of the products sold by him, unless
he actually owns and operates a plant wherein he makes such
products.

Commission findings are that prior to July 1, 1940, the respondent
represented that he manufactured the handkerchiefs he sold, when
such was not a fact.

According to findings the respondent, through a contract which
became effective July 1, 1940, after the issuance of complaint in the
Commission proceeding, exchanged some minority stock which he
held in the United Handkerchief Co., Passaic, N. J. for certain
handkerchief-making machines operated by that corporation in its
factory. Under terms of the contract, the findings continue, the
respondent is to pay salaries to a supervisor and to United Hand¬
kerchief Co. employees for operating the machines in making
handkerchiefs for the respondent, also a rental for space occupied
by the machines, and other items. The United Handkerchief Co.,
according to findings, has continued to control and operate the
factory in which the machines are located. (4106)

Crook- Wallace Company — Orders directing the cessation of
lottery methods in the sale of merchandise were issued against
Harry F. Crook and Gretchen Crook, trading as Crook-Wallace
Co., 415 North 2nd St., Vincennes, Ind., and Candymasters, Inc.,
3-S North 15th St., Minneapolis, distributors of candy, and against
Louis Greenberg, trading as Reliance Jacket Co., 306 South 7th
St., Minneapolis, dealer in sports jackets and other merchandise.

The Commission orders direct the respondents to cease and
desist from supplying to others any merchandise, together with
punch boards, push or pull cards, or other lottery devices, or from
supplying such devices, either with assortments of merchandise or
separately, which devices may be used in selling or distributing
such merchandise to the public, and from selling or otherwise
disposing of any merchandise by means of a game of chance, gift
enterprise, or lottery scheme. (4176, 4243 and 4349)

Diamond Cap Company — Louis Goldenberg, Morris Zipper,
and Harry Faerman, trading as Diamond Cap Co., Fourth and
Somerset Sts., Philadelphia, have been ordered to cease and desist
from misrepresentations in the sale and distribution of caps.

The order directs the respondents to cease representing in any
manner that caps made in whole or in part from old, used or
second-hand materials are new or are composed of new materials.

The order further prohibits the respondents from representing
that caps composed in whole or in part of used or second-hand
materials are new or are composed of new materials, by failure
to stamp on the sweat bands in conspicuous and legible terms
which cannot be removed or obliterated without mutilating the
sweat bands, a statement that the products are composed of second¬
hand or used materials. The order provides further that if sweat
bands are not affixed to the caps then the stamping must appear
on the bodies of the caps in conspicuous and legible terms which
cannot be removed or obliterated without mutilating the bodies.
(3230)

Eiicozone Laboratories, Inc., formerly operating in Detroit,
and its successor. Universal Eucozone of America, Inc., Detroit,
have been ordered to cease and desist from misrepresentations in
the sale of “Eucozone,” a medicinal preparation sold in the form
of a liquid, an ointment and nose drops.

Commission findings are that Eucozone Laboratories, Inc., in
newspaper and periodical advertisements published throughout the
country, made various misleading representations concerning its
preparation prior to discontinuing business. Following its sub¬
sequent dissolution the successor company offered to be bound by
the Commission proceedings and by any order the Commission
might enter.

The Commission order directs the respondents to cease repre¬
senting that their preparation is a germicide or has any therapeutic
properties in excess of those of a mild antiseptic and counter-
irritant ; that it is an internal antiseptic or will supply oxygen to
the bloodstream, and that it has therapeutic value in treating colds,
catarrh, sinus infection, rose fever, hay fever, or in treating local¬
ized congestion or discomforts associated with such conditions in
excess of that afforded by a mild antiseptic and counter-irritant.

The respondents are also directed to cease representing that their
preparation is a cure or remedy for athlete’s foot or has therapeutic

value in treating such condition in excess of that afforded by a mild
antiseptic; that the preparation has therapeutic value in treating
itch, carbuncles, skin irritations or piles, and that the product is
non-poisonous, non-toxic or non-irritating, or that it is suitable
or safe for internal use.

The Commission order also prohibits the respondents from repre¬
senting that Eucozone is an ozonide of eucalyptol or is capable of
releasing active or nascent oxygen in the presence of moisture or
under any other conditions, or that it possesses any therapeutic
properties or elements other than possessed by ordinary oil of
eucalyptus or eucalyptol. (3478)

S. Friedman & Sons — Abraham Friedman and Samuel Fried¬
man, trading as S. Friedman & Sons and as Sunray Yarn House,
349 Grand St., New York, has been ordered to cease and desist
from misrepresentations in the sale and distribution of knitting
yarns.

Commission findings are that the respondents, in employing the
legends “Sunray Cashmere Sport Yarn,” “Sunray Cashmere Sport,”
and “Sunray Cashmere DeLaine” in advertising matter and on
labels, represented that certain of their yarns were made entirely
from fiber produced from the hair of the cashmere goat when in
fact the advertised sport yarns were made entirely of other wool
and contained no cashmere fiber and the Sunray Cashmere DeLaine
was a blend of cashmere and Australian W’ools.

The order directs the respondents to cease using the word “Cash-
mere” to refer to any product not composed entirely of fiber derived
from the hair of the cashmere goat: provided, however, that such
word may be used as descriptive of the cashmere fiber content of
products composed in part of the cashmere fiber and in part of
other fibers if there are used in immediate connection with such
word in letters of equal conspicuousness, words truthfully desig¬
nating each constituent fiber or material of such products.

The order further directs that none of its provisions shall be
construed as authorizing the labeling of any wool product in any
manner other than provided by the Wool Products Labeling Act
of 1939, after its effective date, July 14, 1941. (4274)

Marlborougli Sales Co., Ine., Madison Sales Corporation, and
Windsor Manufacturing Co., Inc., all of 29 West 15th St., New
York, and William Zeffert, directing manager of the corporations,
have been ordered to cease and desist from making misleading
representations in the sale of cosmetics and toilet articles.

Commission findings are that the respondents marketed their
“Palm and Olive Shaving Cream” in containers and packages
simulating in color and appearance the container and package of
the competitive product “Palmolive Shave Cream;” that they
engaged in “slack filling” of large cartons w’ith ordinary-sized
tubes of shaving creams and tooth pastes so that such ordinary¬
sized units appeared to be “giant size;” that they represented as
the regular retail prices of certain shaving creams, fictitious prices
which were in excess of the regular prices, and that they used the
words “Doctors, Dentists, Surgeons” and the letters “D.D.S,” in
describing dentifrices which had not been made under the direction
or formulas of dentists or medical doctors.

The Commission order directs the respondents to cease and
desist from these practices.

According to Commission findings, the three respondent corpora¬
tions, while still in existence as corporations, have not engaged
actively in business since late in 1938. In that year, the findings
continue, Marlborough Sales Co., Inc., was succeeded by Madison
Sales Corporation, and subsequently the assets of the Madison
corporation were sold to the National Gibson Co.

The complaint in this proceeding was dismissed as to Marlborough
Laboratories, Inc.; as to Atlantic Manufacturing Co., Newark,
N. J., and Henry Braun, Charles Kleinbeck and Caesar Muzzi, its
officers, and as to Harry Silverstein, David Kameran and Frances
Chorba, former officers of certain of the corporations. Commission
findings are that the evidence show'ed no such corporation as
Marlborough Laboratories, Inc. existed or had any connection
with the proceeding, and that the allegations against, the Atlantic
Manufacturing Co. and the six individuals had not been sustained.
(3732)

Sclirade Cutlei-y I'o., Walden, N. Y., has been ordered to cease
and desist from using the words “Super Scout” or “Scout” or

March 28, 1941 — 311

similar words to designate certain knives which it sells, or from
otherwise representing that such articles are endorsed by The Boy
Scouts of America. The order further directs the respondent to
discontinue representing that such knives are a part of the equip¬
ment of that organization's members. (4118)

FTC CASES DISMISSED

The Federal Trade Commission closed its case against Casenburg
Crowe, who was alleged to have been in business under the names
Southern Manufacturing Co. and Factory-To-You Co., at 1806
Broad St., Rome, Ga. The Commission closed its case without
prejudice to its right to resume proceedings, should future facts
so warrant. The respondent had been charged with violation of
the Federal Trade Commission Act in the sate of men’s wearing
apparel. According to information received by the Commission,

Casenburg Crowe was not an independent operator, but was an
employee of Ffarper Manufacturing Co. and Rome Manufacturing
Co., who are not correspondents in the Commission proceeding.

The Commission has also closed its case against Movie Cosmetics
Corporation and VV. K. Ma.x Hassenstein, its president, of Holly¬
wood, Calif., who had been charged in a Commission complaint
with violation of the Federal Trade Commission Act in the sale
and distribution of hair waving preparations and devices. The
case was closed without prejudice to the Commission’s right to
resume proceedings, should future facts so warrant.

Also the Commission has dismissed a complaint charging Hershel
California Fruit Products Company, Inc., San Jose, Calif., with
violation of the Federal Trade Commission .\ct in the sale of a
tomato paste. Dismissal was ordered without prejudice to the
Commission’s right to reopen the proceeding in accordance with its
regular procedure.

312 — March 28, 1941

1626 K STREET, N. W.

WASHINGTON, D. C.

Vol. 9, No. 14, April 4, 1941

THE WEEK IN WASHINGTON

Ninety-seven per cent of all BMI stations have re¬
newed their licenses for 1941-42. On its first birthday,
BMI is the leading producer of hit tunes, (p. 313.)

The George Foster Peabody Radio awards for “out¬
standing meritorious public service” during 1940 were
awarded last week at a dinner in New York. CBS,
WLW, WGAR, KFRU and Elmer Davis were the win¬
ners. (p. 315.)

Exhibits of broadcast material and equipment for
the first time will be an official part of the NAB con¬
vention this year. (p. 317.)

Cost-per-inquiry advertising again comes to the NAB’s
attention, (p. 317.)

Stations should continue their Moving Day promo¬
tion until all push-button sets are adjusted, (p. 318.)

Three amendments to the NAB By-Laws will be
submitted to the NAB convention this year. (p. 318.)

The Association of American Railroads joined the
NAB in seeking legislation for national daylight saving,
(p. 320.)

The FCC vacated its revocation orders in the “Texas
Cases.” Andrew D. Ring resigned as assistant chief engi¬
neer at the ECC. (p. 320.)

BMI

LICENSE RENEWALS GO OVER THE TOP

Renewal license contracts from 97 per cent of all BMI
stations had been received on April 2nd, according to
Carl Haverlin, BMPs Director of Station Relations.
Mr. Haverlin indicated that the few remaining stations

failed to send in the contracts because of the absence
or illness of station executives whose signatures are re¬
quired and he expects to hear from them within the
next fews days. The letters submitting the signed con¬
tracts have expressed enthusiasm over the achievements
of BMI during its first year and have given assurance
of strong and active support for the future. New con¬
tracts cover the period from April 1, 1941 to Alarch 31,
1942.

BMI CELEBRATES FIRST ANNIVERSARY

Born one year ago. Broadcast Music, Inc., has be¬
come the largest publisher of music in the country and
the most prolific producer of hit tunes. It has broken
all records for publishing best sellers written by com¬
posers who were unknown before — young Americans who,
until 1940, had not had an opportunity to present their
songs to the listening public. Such hits of BMI’s first
year include I Hear a Rhapsody, There I Go, You Walk
By, I Give You My Word, So You’re the One, High On
a Windy Hill, Practice Makes Perfect, The Same Old
Story, It All Comes Back To Me Now, Let’s Dream
This One Out, and The Wise Old Owl.

BMI licensed its first music on April 1, 1940. The
song bearing contract number one, We Could Make
Such Beautijtd Alusic, which has been known as the
BMI theme, is still heard frequently on the air and en¬
joys a continuous sheet music sale. Since that time BMI
has acquired the rights to more than 250,000 songs of
every variety. At the present time it occupies more
than 25,000 square feet of office space, has a pay roll
of 300 employees, and has moved Tin Pan Alley from
46th Street and Broadway to 47th Street and Eifth Ave-

(Continued on page 314)

You Can’t Afford to Miss the NAB Convention

May 12, 13, 14, 15

New Jefferson Hotel St. Louis

April 4, 1941 — 313

Neville Miller, President C. E. Arney, Jr., Assistant to President

Edward M. Kirby, Director of Public Relations ; Joseph L. Miller.
Director of Labor Relations : Frank E. Pellegrin, Director of
Broadcast Advertising : Paul F. Peter, Director of Research ;
Russell P. Place, Counsel; Lynne C. Smeby, Director of Engineering

BMI

(Continued from page 313)

nue. r^Iore than 100,000 printed units of music are
shipped out of BMI production offices every week to
broadcasting stations, taverns, hotels, retail music stores,
and to other users or vendors of music.

The phase of BMI activity which has won the heart
of the public is its willingness to examine the work of
new composers regardless of the time and effort involved.
Out of more than 100,000 songs thus submitted, BMI
has gleaned a catalogue of some 600 popular numbers —
“more fresh and interesting material,” in the words of
a conductor, “than would ordinarily be submitted by a
music publisher in six or seven years.”

BMI BARDS GET BOOTY

Checks to BMI songwriters in payment for perform¬
ance of their music over the air are going out as we go
to press. They chalk up another “first” to the credit
of BMI. It is the first time that writers have been
paid for the use of their music in this country without
regard to any consideration except the number of per¬
formances. The checks are being transmitted in a letter
from M. E. Tompkins, BMI Vice-President, who says:

“BMI’s program logging service has been operating since Janu¬
ary 1st, and your payment of performance royalties for the first
quarter of 1941 will be accurately computed in accordance with
actual performances for the first time in the history of musical
copyright in the United States. Meanwhile the results already
obtained by us from our logging service have enabled us to esti¬
mate your performances for the last quarter of 1940 with some
accuracy, and we take pleasure in enclosing herewith our check
representing voluntary payment for performance royalties for Oc¬
tober, November, and December of 1940 as estimated from a test
check of programs.

"In sending you this payment, we wish to express again our
deep appreciation for your cooperation, and to assure you that
the opportunity of authors to be compensated for performances,
upon a fair and determinable basis, is now definitely established
and will be perpetuated.”

Norman Weiser, .Vs.sociate Editor of Radio Daily,
who is himself one of BMTs successful lyric writers,
noted in his column, “Plenty of smiles along Tin Pan
.\lley these days as the performance pay-offs from BMI
are beginning to arrive in the mail.”

BMI FEATURE TUNES
April 7-14

1. WALKIN’ BY THE RIVER

2. WISE OLD OWL, THE

3. MY SISTER AND I

4. FRIENDLY TAVERN POLKA

5. G’BYE NOW

6. WHAT D’YA HEAR FROM YOUR HEART

7. HIGH ON A WINDY HILL

8. YOU WALK BY

9. HERE’S MY HEART

10. IT ALL COMES BACK TO ME NOW

11. MAY I NEVER LOVE AGAIN

12. LOAFING ON A LAZY DAY

13. TALKING TO THE WIND

14. BREAKFAST FOR TWO

15. WITH A TWIST OF THE WRIST

16. WHERE’S THE CAPTAIN’S HAT

NEW NUMBERS AMONG THE LEADERS

The Billboard and Variety lists of sheet music best
sellers and coin machine leaders as usual show surpris¬
ing amount of difference, but two statements are true
of both — the proportion of BMI numbers remains ap¬
proximately what it has been for the past several weeks,
and ther are some new numbers among the tops. Ama-
pola, a Marks number, holds the number one spot on
three lists and is well up on the others. It All Comes
Back to Me Now, one of BMTs own numbers, appears
for the first week on Billboard’s list of the six biggest
money makers in the coin machines and for the second
week among Variety’s top ten. The Wise Old Owl is
climbing among the sheet music best sellers. Peer’s
Maria Elena is another newcomer.

BMI TUNES IN PICTURES

Broadcast Music, Inc. has arranged for the publica¬
tion of several songs to be introduced in forth-coming pic¬
ture productions. Contracts have been signed with the
Walt Disney studios to publish the title song of the next
Disney full-length feature picture The Reluctant Dragon,
to be released about May 1st.

The song, / Ant the Reluctant Dragon, is an outstand¬
ing novelty number and BMI officials are convinced that
they can turn it into a hit. Present plans don’t call for
the publication of any other numbers in the picture so
that the full attention of BMTs Professional Department
will be concentrated on the Dragon. The contract is the
result of three months’ negotiation between the Disney
studios and BMI.

The Reluctant Dragon is taken from Kenneth Gra-

314 — April 4, 1941

hame’s Dream Days. It has been rewritten from the
original story and characteristic Disney touches added.

BMI will have the song Madame Will Drop Her Shawl
in the forthcoming South oj Panama, co-starring Virginia
\"ale and Roger Pryor and released through Producers
Releasing Corporation. Announcement is anticipated
soon of the BMI songs to be included in the next Judy
Canova picture, Piiddin’ Head.

The new Dr. Christian picture Interlude, the shooting
of which will start April 15th, will be 100% BMI. There
will be four songs — When Love is New, Make Believe
Land of Dreams, Get Alive, and The Rhythm is Red,
White and Blue. The BMI Professional Department will
concentrate on When Love is New, which was written by
Claude Sweeton and Jack Owens. The songs in Puddin’
Head were written by Jack Owens, who is regarded by
BMI officials as one of the most promising of their dis¬
coveries.

MORE MEXICAN HITS FROM PEER

Maria Elena, a waltz, written by the Mexican song¬
writer Lorenzo Barcelata, and published by Peer Inter¬
national, affiliated with Broadcast Music, Inc., is rapidly
gaining a place among best song sellers. Last week more
than 5,000 copies of sheet music and orchestrations were
shipped out, mainly to the middle-west where the song
is exceptionally popular. Written in 1933 and enjoying
a big sale in Latin-American countries, new English
lyrics by S. K. Russell have brought the song to the fore¬
front. During the past few weeks Wayne King, Lawrence
Welk, Bobby Byrne, Jimmy Dorsey, Tony Pastor, and
Gene Krupa have recorded the number and coin machines
in all sections of the country are featuring their record¬
ings.

Un Momento, the latest composition by Alberto Do¬
minguez, who wrote Frenesi and Perfidia, was published
last week by Peer. English title for the song is Rendez¬
vous in Rio and the English lyric is by Marjorie Merton.

Dominguez, who recently was a guest star on an inter¬
national hook-up over NBC, is planning to leave New
York shortly on a visit to Hollywood before returning
to Mexico City, where he is musical conductor at Station
XEW.

BMI CONTINUES TO PIONEER

Another revolutionary step in the advancement of
radio-music has been achieved by Broadcast iMusic, Inc.
through the development of two color orchestrations.
.Although colored arrangements have been used before in
piano music, this is the first time that complete orchestra¬
tions have been printed in two colors. Since BMI began
operation, all orchestrations made by the broadcasters’
organization have been cross-cued — a system of arranging
that enables orchestrations to be used by groups of four

or five pieces or full symphony orchestras. In the newly
developed BMI method of arranging, the cross-cued parts
that are played by small groups are printed in a reddish-
orange color that makes them stand out in striking con¬
trast to the remainder of the score.

The new two-color printing, it was explained by BMI
arrangers, is expected to “revolutionize music,” as it is
the most important step ever taken to simplify the play¬
ing of complicated arrangements. By using the colored
arrangements, which are easier on the eyes than the usual
all-black orchestrations, musicians in orchestras of less
than symphonic size no longer have to be concerned with
reading the entire score for the cross-cued sections they
play, but can easily and quickly locate their parts from
the notes printed in color. To get the most effective color,
the BMI Arranging Department experimented with a
number of shades, finally selecting the reddish-orange
color as offering the greatest contrast. Beginning this
week, all BMI arrangements of favorite standard, classical,
and salon music will incorporate the new two-color print¬
ing.

Peabody Radio Award Winners

The George Eoster Peabody Radio Awards for “out¬
standing meritorious public service” in the broadcasting
industry during 1940 were announced March 29 by S. V.
Sanford, Chancellor of the University System of Georgia,
at a dinner in New York.

The aw'ards, comparable to the Pulitzer awards in the
field of journalism, went to the Columbia Broadcasting
System, among the networks; Station WLW, Cincinnati,
among the large stations; Station WGAR, Cleveland,
among the medium sized stations; Station KFRU, Co¬
lumbia, ^Missouri, among the small stations, and Elmer
Davis, CBS reporter.

In addition, the following stations were cited:

LARGE STATIONS

WSB, .\tlanta, Georgia. Cited for its distinguished public serv¬
ice contributions to a localized area in the South.

KNX, Los Angeles, California. Cited for meritorious service to
a localized area in the Far West.

WLS, Chicago, Illinois. Cited for meritorious service to agri¬
culture.

WC.AU, Philadelphia, Pennsylvania. Cited for its program
series, ‘‘Wake Up .\merica,” a contribution to national defense.

WB.VP, Fort Worth, Texas. Cited for its distinctive series of
prison broadcasts.

WOR, New York City. Cited for its contribution in broadcast¬
ing the “American Forum of the Air.”

WJZ, New York City. Cited for its contribution to broad¬
casting the “Town Meeting of the .Air.”

WGEO, (short wave) Schenectady, N. Y. Cited for its service
to the Byrd expedition at the South Pole.

April 4, 1941 — 315

MEDIUM-SIZED STATIONS

WJJD, Chicago, Illinois. Cited for its service to education in
broadcasts to schools.

WQXR, New York City. Cited for the high standards of its
musical programs.

WOW, Omaha, Nebraska. Cited for its enterprise in originating
“The President’s Birthday Ball of 1940”.

KSTP, St. Paul, Minnesota. Cited for its distinguished broad¬
cast, “America Calling.”

WBNX, New York City. Cited for its public service to foreign
language groups in greater New York.

WRC-WMAL, Washington, D. C. Cited for its enterprise in
originating the “Mile O’ Dimes” public service feature.

SMALL STATIONS

KVOS, Bellingham, Washington. Cited for promoting a better
understanding between Canada and the United States through its
.\rmistice Day program.

The awards, authorized by the Regents of the University System
of Georgia last May, were approved by an advisory board which
included;

Bruce Barton, president, Batten, Barton, Durstine, and Osborne,
Advertising, New York City

John H. Benson, President, American Association of Advertising
.Agencies, New York City

\’irginius Dabney, Editor, Richmond (Va.) Times-Dispatch
Norman H. Davis, Chairman, American Red Cross
Jonathan Daniels, Editor, Raleigh (N. C.) News and Observer
Mark Ethridge, Vice President and General Manager, Louis¬
ville (Ky.) Courier-Journal and Times

Waldemar Kaempffert, Science Editor, New York Times
Alfred Knopf, Publisher, New York City
Grace Moore, Metropolitan Opera Company, New York City
Dr. John W. Studebaker, United States Commissioner of Edu¬
cation

Mrs. Marjorie Peabody Waite, daughter of George Foster Pea¬
body whose name the awards bear

Edward Weeks, Editor, Atlantic Monthly, Boston, Massachu¬
setts

The Columbia Broadcasting System, Dr. Sanford said, was se¬
lected among the networks, “among other reasons, for offering a
schedule of broadcasts which combined commercial and sustaining
programs in such a way as to constitute a structure definitely in
the public interest ; for giving its listeners more than 10.000 non¬
commercial broadcasts in 3,500 hours of unsponsored, public service
programs; for regarding its schedule as a curriculum for adults and
children in which lighter entertainment served as an ingredient to
make the more vital programs palatable; for covering adequately
the significant news of the year; for promoting Pan-American
unity and understanding through its ‘School of the Air’; for aiding
education with special schoolroom services and such programs as
'Invitation to Learning’, ‘The Human Adventure’, ‘Reporting to
the Nation’, ‘The People’s Platform’, and ‘Columbia’s Country
Journal’; for giving religion a major place in its public service
activities; and for its manifold and continuous interest in serious
music and other cultural subjects.”

Station WLW, Cincinnati, received its award among large sta¬
tions “for being a pacemaker in the conception and execution of
distinctive public service programs; for recognition of the prin¬
ciple that dear-channel stations should be sectional rather than
local in their service, but at the same time should not duplicate
the work of the networks; for offering broadcasts of a type
slightly above the level of the mass radio audience; for spending
three times as much on indjlic service programs as the average

316 — April 4. 1941

for 50,000 w'att stations; and for serving the interests of all groups,
including rural as well as urban listeners.”

Station WGAR, Cleveland, w'as selected “for its success, despite
the restricted facilities of a regional station, in serving the diverse
interests and w'idely different cultural backgrounds of greater
Cleveland ; for promoting a better understanding among these
various groups ; for assuming a responsibility to those 65 per cent
of Cleveland’s foreign-born or first generation listeners who do
not easily understand English by broadcasting programs in lan¬
guages which represent the principal foreign populations of this
metropolitan area — Hungarian, Italian, Slovene, Czech, Slovak,
Polish and Roumanian; for its program, ‘Wings over Jordan’,
begun five years ago to bring about a better understanding be-
tw'een the white and colored peoples of Cleveland; for its coopera¬
tion with governmental agencies in the interest of national unity,
civic consciousness, community health and welfare; and for its
unique news service featuring items of special interest to some
twenty small communities.”

Station KFRU, Columbia, Missouri, received its award “for
making the most of its opportunities to serve its local audience;
for giving its listeners educational features of local origin, includ¬
ing programs of classical music with interpretative comments and
helpful broadcasts in the interests of better farming; for doing a
superior job of public service despite limited equipment, circum¬
scribed finances, and a small personnel.”

Elmer Davis was selected for “his terse, incisive and impartial
reporting of the news, day by day.”

Dr. Sanford’s address was broadcast by the coast-to-coast net¬
work of the Columbia Broadcasting System.

The idea for the Peabody awards, which are to be made each
year, originated wdth Lambdin, Kay, Director of Public Service
at station WSB, Atlanta. He discussed the need for “something
comparable to the Pulitzer prize” for radio with Dean John E.
Drewry, of the Henry W. Grady School of Journalism of the Uni¬
versity of Georgia, who, in the fall of 1939, laid the matter before
Dr. Sanford. Dean Drewry also discussed the matter with the
broadcasting industry at the 1940 convention of the National As¬
sociation of Broadcasters in San Francisco where his proposal to
have the awards made by the University of Georgia received
unanimous endorsement. Together, the Henry W. Grady School
of Journalism and the NAB set up the mechanics for making the
awards.

Broadcasting stations from 24 states and the District of Colum¬
bia, as well as the three major networks, submitted entries. A
faculty committee of the University of Georgia carefully ex¬
amined the material submitted by the stations and recommenda¬
tions of this committee formed a basis of selections approved by
the advisory board.

Addressing himself to the broadcasting industry, Dr. Sanford
said tonight that he hoped “these Peabody awards will serve in¬
creasingly as an incentive to higher standards of public service.”

“We of the University of Georgia and the School of Journalism
in particular, feel that radio is very much a part of our educa¬
tional program,” he added. “The creation of these George Foster
Peabody Radio Awards is but the latest step in our efforts to be
of educational assistance to an important agency of communica¬
tion. With the cooperation of the National Association of Broad¬
casters, our Advisory Board, and the executives of the radio indus¬
try itself, these Awards should from year to year serve not only as a
measurement of the achievements by broadcasters, but as a con¬
tinuous reminder of the social obligations of radio. Mr. W. B.
Lewis, vice president in charge of broadcasts of the Columbia
Broadcasting System, has stated the point well thus;

“ ‘The award is a very healthy plan to compel those of us who
are engaged in the daily work of putting radio programs on the

air, to stand aside and once again evaluate our activities over an
entire year in terms of objectives and achievements. * * * The com¬
pilation of our exhibit provided a real stimulus to the individual
members of the departments involved. And this experience was,
we are sure, duplicated by that of every competing station and
network.’

“We of the University of Georgia hope and believe that this
thought is shared throughout the broadcasting industry.”

William S. Paley accepted the award on behalf of CBS; James
D. Shouse for WLW ; Eugene Carr for WGAR; C. L. Thomas for
KRFU, and Elmer Davis for himself. C. E. Arney, Jr., spoke in
behalf of the NAB.

NAB Convention

Promotion Exhibit Question Box No. 3

Question: Will the exhibits at the Convention be
put in the halls and in the lobbies, or will there be a
special exhibit hall?

Answer: There will be a special exhibit hall. The
Crystal Room of the New Jefferson Hotel in St.
Louis has been designated as such. This room is 75
feet long, and 35 feet wide, and will provide plenty
of space for exery exhibitor.

Question: Will individual stations have to mount
their exhibits themselves?

Answer: No. If the entries are shipped to the
Convention according to the regulations the Com¬
mittee in charge will see that the panels are prop¬
erly hung, at no expense or bother to the individual
stations.

Question: If a station sends material which does
not conform to the rides of the Committee what is
the residt?

Answer: Such exhibits which do not conform to
the rules will not be displayed in the Crystal Room,
and will not be entitled to any awards.

The closing date for entries is May 3. Shipment
is to be made to the New Jefferson Hotel, St. Louis,
c/o NAB Promotion Exhibit Committee.

EXHIBITS

For the first time, the exhibits of broadcast equipment
and materials will be made an official part of the con¬
vention this year. The Board of Directors in formulat¬
ing the Associate ^Membership Plan adopted a provision
to the effect that only those who are associate members
will be eligible to hold exhibits in connection with the
convention. While this will cut down the number of
exhibits, it will give assurance that those who do exhibit
are sufficiently interested in the industry’s problems to
support its trade association. In an early issue of the

Reports, a complete list of the exhibitors will be given.
This week a questionnaire went out to all associate mem¬
bers seeking information regarding their exhibit plans.

The promotion exhibit should not be confused with
these associate member exhibits. While associate mem¬
bers are eligible to display promotional material along
with the display of similar material made by member
stations, the promotional exhibit will be made in the
Crystal Room, one of the large public rooms in the hotel.
The associate member exhibits will be in private rooms
throughout the hotel. Every indication points to an
exceptional promotion exhibit and the committee, headed
by Howard Peterson, WOW, is working diligently.

BANNER ATTENDANCE PROBABLE

Ray Dady, KWK, and his Housing Committee have
done a really commendable job in handling the requests
for hotel reservation at St. Louis hotels. The advance
reservations, incidentally, far exceed those at any pervi¬
ous NAB convention. For many weeks all of the suites
available at the Jefferson Hotel have been taken. A very
limited number of twin bedded rooms are yet available
but there are plenty of double bedded rooms and singles.
There are, of course, suites at other hotels than the
Jefferson, many of them nearby. Don’t let the fear of
lack of proper accommodations deter you from planning
your trip to the convention.

Incidentally a check-up shows a very limited number
of reservations from the far west. This is surprising in
view of the fact that the mid-western broadcasters were
so numerous at the San Francisco convention last year.
Many of the mid-western broadcasters have expressed
the hope that the western broadcasters will reciprocate by
being present at St. Louis. It is going to be a grand
convention and Merle Jones, chairman of the General
Committee, has the local plans well in hand.

Sales

COST-PER-INQUIRY

Contingent and cost-per-inquiry deals, some new and
some old, continue to be reported by member stations
to the NAB Department of Broadcast .Advertising. This
week’s mail brought information on the following:

The Bible Press, Richmond, Va.

Murray Hill Topman & Co., SOS Fifth Ave., New York City, on
behalf of an insecticide powder.

Frasek Company, Martlex Bldg., White Plains, N. Y., with a
postage stamp offer.

Duensing & Co., 3S East Wacker Drive, Chicago, on behalf of
Waterbury fountain pens.

Continued cooperation in calling these free offer and per-inquiry
deals to the attention of the Department will be appreciateci.
Each of these companies has been advised that it is the opinion of
the Department of Broadcast .Advertising that their proposals are

April 4, 1941 — 317

opposed to the best interests of radio stations, and each has been
invited to give serious consideration to a paid radio campaign, if
they wish to obtain maximum results and maintain the continued
goodwill and cooperation of the broadcasting industry.

PELLEGRIN REPORTS

Frank E. Pellegrin, newly appointed Director of the
Department of Broadcast Advertising, assumed his duties
at headquarters April 1. Pellegrin comes from Omaha,
where for the past three years he has been sales manager
of the Central States Broadcasting Company — KOIL,
Omaha, and KFAB, Lincoln.

Promotion

RADIO’S MOVIN’ DAY

Many station executives have indicated that they
are continuing the broadcast of announcements urging
listeners to have their push buttons reset. This is sound
technique. The telephone rush to get push buttons
changed, noted on March 29, is over. Now comes the
orderly change over of buttons which will take some
weeks. Unless stations continually drive home the change
over message their listeners may neglect to have the
job done as speedily as possible.

The Mayors of five more cities who proclaimed Radio
Movin’ Day, previously unreported, represent:

Charleston, S .C. ; Muncie, Ind. ; Tacoma, Wash. ;

San Bernardino, Cal.; Toledo, Ohio

When H. H. Born, business manager, WHBL, She¬
boygan, Wis., received Governor Hell’s proclamation it
was set up in the composing room of the Sheboygan Press.
Mats were pulled and mailed to the twenty-two Wiscon¬
sin communities having broadcast stations.

W’BIG, CBS affiliate in Greensboro, N. C., and WSJS,
owned by the Winston-Salem Journal and Sentinel, on
NBC Red, exhibited some real Tar Heel cooperation
during Movin’ Day promotion.

The former station bought space in the Winston-Salem
Journal and WSJS bought spot announcements over
WBIG.

James C. Wallace, KAST, Astoria, Ore., ran a six
hundred line ad in the Astoria-Budget on March 17, which
also illustrated the well-known radio cooperation. After
explaining the facts of change over Mr. Wallace listed
“Important Changes on Stations Heard in the Astoria
Area” and urged readers to save the listings. Stations
noted were located in Portland, Seattle, Tacoma, Los
Angeles, San I'rancisco, Sacramento and San Jose.

WDGY, Minneapolis, arranged an excellent coopera¬
tive promotion for itself as well as other Twin City
stations, and stations in Fergus Falls, Winona, Superior-
Duluth, Hibbing, Moorhead, Willmar, Virginia, Albert
Lea and St. Cloud.

A deal was made with one of the station’s clients.
Central Coop. Livestock Association, which distributed
100,000 notices of new dial settings of Minnesota stations.

W’DGY’s wave length is 1130 which suggested to Pro¬
gram Manager Stone a program called the “1130 Mati¬
nee.” Quarter hour started March 1 at 11:30 a. m. and
is still running. A special Saturday afternoon program
known as the “1130 Club” has been running four weeks,
1 : 10 to 3:30 p. m. Both shows continue to urge listeners
to have their push buttons changed.

Amendments to By-Laws

Three proposals to amend the By-Laws of the NAB
have been authorized by the Board of Directors for sub¬
mission to the membership.

Article XIII of the By-Laws requires that proposed
changes shall be “submitted by mail to the last recorded
address of each member at least 30 days before the time
of the meeting which is to consider the change.” The
meeting to consider the change is the Nineteenth Annual
Meeting, to be held at St. Louis, May 12 to 15 inclusive.
This is, therefore, your notice of the following proposed
amendments.

I

To provide for nomination of Directors-at-Large and selection
of succeeding convention city by the members, the following
amendment is proposed, without recommendation by the board
as to nomination of Directors-at-Large and with recommenda¬
tion as to succeeding convention city:

(1) Amend Article V by striking out Section 1 thereof and in¬
serting in place thereof the following new Section 1;

Section I. Annual

A. A stated or annual meeting of the members shall be held
in each year at such place as is determined by the members at
their previous annual meeting and at such time as is determined
by the Board of Directors. At such meeting Directors-at-Large
shall be nominated and Directors-at-Large and Network Direc¬
tors shall be elected by the members by vote in an open session
thereof to succeed such directors whose terms then expire. At
such meeting there shall likewise be transacted any other busi¬
ness that may be then properly and legally presented.

B. No city shall be eligible for balloting as the place for the
ensuing annual meeting unless certified by the Secretary-Treas¬
urer to have complied with the following requirements:

1. At least ninety days prior to the annual meeting any city
desiring to invite the next annual meeting shall so notify the
Secretary-Treasurer in writing.

2. At least thirty days prior to the annual meeting such city
shall inform the Secretary-Treasurer in writing, in such detail
as he may require, as to its facilities to accommodate the an¬
nual meeting, whereupon if its said facilities shall appear to
be adequate, the Secretary-Treasurer shall certify the city as
qualified.

318 — April 4, 1941

3. The invitation of any qualified city shall be presented to

the membership by a member from the district in which such

city is located.

C. The names of cities extending official invitations in accord¬
ance with paragraph (B) above shall be posted in the order of
presentation and the membership shall select three such cities
in the order of their preference for the next annual meeting.

D. Th Secretary-Treasurer shall immediately negotiate with
one or more hotels and community agencies in the city first pre¬
ferred, the standard form of contract required of hotels and com¬
munities to which the annual meeting is awarded. If he is unable
to negotiate satisfactorily as to such city, he shall similarly ne¬
gotiate as to the city second preferred, and if he is unable to
negotiate satisfactorily as to such city, he shall similarly negotiate
as to the city third preferred. In the event he is unable to negoti¬
ate satisfactorily as to any of the three cities preferred by the
membership, the Board of Directors shall fix the place of the
annual meeting.

(2) Amend Article YU by striking out Section 4 thereof and
inserting in place thereof the following new Section 4.

Section 4. Nomination of Directors-at-Large and Net¬
works Directors. Nominations for each of the six Directors-at-
Large, as defined in Section 2, above, shall be made from the
floor at a business session of the annual meeting. Nomination
speeches for any nominee shall not exceed in the aggregate one
minute’s duration. Nominations of any classification shall be
closed when nominees of that classification total thirty. -All
names shall be posted as nominated. During the morning session
of the second day of the annual meeting, each of the said respec¬
tive networks shall certify to the President its nominee or nomi¬
nees for Network Director, as defined in Section 2 above, where¬
upon such nominees shall be deemed to have been placed in
nomination, and shall be so reported to the members during
that session.

(3) Amend Article VII by striking out Section 5 thereof and
inserting in place thereof the following new Section 3:

Section S. Election of Directors-at-Large and Network
Directors. Election of Directors-at-Large and Netwoik Direc¬
tors shall proceed as follows;

A. The President shall appoint an Elections Committee of
three persons. The President shall appoint the Chaiiman.

B. The Elections Committee shall compile a list of Active
Members eligible to vote in the elections.

C. The Elections Committee shall distribute coupon ballots.

D. The Elections Committee shall on the second day of the
annual meeting announce a time and place for balloting and
shall supervise such balloting. No ballots shall be received after
the balloting session adjourns.

E. The Election Committee shall orepare ballots in blank and
in coupon booklet form with not less than four ballots in each
coupon book. Ballot number one shall be used for the election
of the Network Directors. Ballot number two shall be used to
vote for not more than four nominees in each classification for
Directors-at-Large. Ballot number three may be used by writing
thereon the names of the first, second and third preference of
cities for the next annual meeting; provided, however, that the
use of Ballot number three may be waived at the discretion of
the Chairman of the Elections Committee and a voice or standing
vote substituted. Ballot number four shall be used to vote for
two nominees for Directors-at-Large in each classification as out¬
lined in Section 2 above; provided, however, that no ballot shall
be cast for more than one nominee of the two nominees in each
classification receiving the highest number of votes on Ballot
number two ; and provided, further, that no ballot shall be cast
for more than one nominee of the two nominees in each classi¬
fication receiving the lowest number of votes on Ballot num¬
ber two.

F. Immediately after the conclusion of balloting, the Elections
Committee shall proceed to count the ballots and announce the
results; provided, however, that the results of the final ballot
shall be announced during the annual meeting at the time and
place designated by the President.

G. The tw'o Director-at-Large nominees receiving the high¬
est number of votes in the final balloting in each of the three
classifications, shall be declared elected.

II

To provide for membership dues-classification in $100,000
brackets at an increase of $25 dues for each bracket, for net re¬
ceipts from $600,001 to $1,000,000, the following amendment is
proposed, with recommendation of the board:

Amend Article I\' by striking out Section 1 thereof and insert¬
ing in place thereof the following new section 1 :

Section 1. Effective January 1, 1941, each active member
shall pay dues on net receipts from the sale of time received
during the previous calendar year. Net receipts from the sale
of time are defined as billings based on gross rate for broadcast¬
ing service less time and advertising agencv discounts, if any,
and including net billings to the networks. No member shall be
required to state its actual volume but to name annually to the
Secretary-Treasurer on his call the class into which its volume
falls. It is understood that each Active Member is' in honor
bound not to name a smaller classification than that into which
its volume actually falls. The annual dues, payable monthly in
advance, shall be as follows:

Class Range of Income Monthly Dues

A $ 0 $ 13,000 , . . $ 3.00

B 15,001 36,000 10.00

C 36,001 60,000 15.00

D 60,001 80,000 20.00

E 80,001 120,000 30.00

F 120.001 160,000 40.00

G 160,001 200,000 50.00

H 200,001 300,000 75.00

I 300,001 400,000 100.00

J 400,001 500,000 . 125.00

K 500,001 600,000 . 150.00

L 600,001 700,000 . 175.00

M 700,001 800,000 200.00

N 80,001 900,000 . 225.00

O 900,001 1,000,000 . 250.00

P 1,000,001 2,000,000 400,00

Q Over 2,000,000 . 500,00

III

To provide for reallocation of territory affecting Districts 2, 3,
8, 9, 11 and 14, the following amendment is proposed, with rec¬
ommendation of the board:

Amend Article III, Section 4, District 2, by striking out the
period and adding the following: “and New Jersey.”

Amend Article III, Section 4, District 3, by striking out the

comma and the word “New Jersey.”

Amend Article III, Section 4, District 8, by striking out the
period and adding the following; “, excluding the counties of
Ontonagon and Gogebic.”

Amend Article III, Section 4, District 9, by striking out all
after “Illinois” and adding the following; Udsconsin, exclud¬
ing the counties of La Crosse, Monroe, Juneau, Adams, Mar¬
quette, Waushara, Portage, Wood, Jackson, Trempealeau,
Buffalo, Pepin, Pierce, St. Croix, Dunn, Chippewa, Eau Claire,
Clark, Marathon, Lincoln, Taylor, Rusk, Barron, Polk, Burnett,
Washburn, Sawyer, Price, Oneida, Vilas, Iron, .Ashland, Bayfield
and Doublas.”

Amend .Article III, Section 4, District 11, by striking out all
after “North Dakota” and adding the following: “, South
Dakota, excluding the counties of Fall River, Shannon, Bennett,
Todd, Mellette, Waushabaugh, Washington, Custer, Pennington,
Jackson, Jones, Stanley, Haakon, Meade, Lawrence, Butte,
Harding. Perkins, Ziebach, Armstrong, Dewey and Corson, and
Wisconsin, including the counties of La Crosse, Monroe, Juneau,
.Adams, Marquette, Waushara, Portage, Wood, Jackson, Trem¬
pealeau, Buffalo, Pepin, Pierce, St. Croix, Dunn, Chippewa, Eau
Claire, Clark, Marathon, Lincoln, Taylor, Rusk, Barron, Polk,
Burnett, Washburn, Sawyer, Price, Oneida, \'ilas, lion, .Ashland,
Bayfield and Douglas, and Michigan, including the counties of
Ontonagon and Gogebic.”

.Amend .Article HI, Section 4, District 14, by striking out all
after “Wyoming” and adding the following; “, Montana and
South Dakota, including the counties of P^all River, Shannon,
Bennett, Todd, Mellette, Waushabaugh, Washington, Custer!
Pennington, Jackson, Jones, Stanley, Haakon, Meade, Lawrence,
Butte, Harding, Perkins, Ziebach, .Armstrong, Dewey and
Corson.”

April 4, 1941 — 319

Legislation

DAYLIGHT SAVING

Last Friday the Board of Directors of the Association
of American Railroads passed a resolution that the officers
of the Association should support H. R. 3789, the McLean
Bill providing for daylight saving time on a nation-wide
basis. The desirability of this legislation was called to
their attention by the NAB which is, under resolution of
the Board of Directors, actively supporting the Bill.

FEDERAL LEGISLATION
HOUSE

H. R. 4228 (Hobbs, D-Ala.) JUDICIAL CODE — To amend the
Judicial Code by adding thereto a new section authorizing, for
the purpose of detecting or preventing certain crimes, the Federal
Bureau of Investigation of the Department of Justice, when
specifically authorized by the Attorney General of the United
States, to intercept, listen in on, or record telephone, telegraph, or
radio messages or communications; and making such authorizations
and communications, and testimony concerning same, admissable
evidence; and for other purposes. Referred to Committee on Judi¬
ciary.

SENATE

S. 12S3 (Wheeler, D-Mont.) COMMUNIC.A.TIONS ACT— To
amend section 60S of the Communications Act of 1934. Referred
to Committee on Interstate Commerce.

tion, .\ustin (B-102); KNET, Palestine Broadcasting Association,
Palestine (B-103), and KGFI, Eagle Broadcasting Co., Browns¬
ville (B-122).

With reference to its decision and order in the cases of stations
KRBA, KS.AM, KTBC, KNET and KGFI, licensed on a 90-day
basis, the Commission observes:

“The primary and moving figure in all of these cases was
Dr. James G. Ulmer. His actions coupled with lack of under¬
standing displayed by the other principal participants in the
proceedings with respect to the duties of radiobroadcast li¬
censees, particularly concerning the requirement of the Com¬
munications Act of 1934 and the Rules and Regulations of
the Commission, combine to present a clouded and dubious
history for each of the stations involved. But we think in this
respect that the various licensees in the light of the several
hearings will accord, in the future, more respect and, conse¬
quently, a stricter adherence to such duties and requirements.”

Because station KGKB has endeavored to purge itself of unlawful
past operation, the Commission will permit the licensee to continue
operation of this station, but warns that this is not to be construed
as in any way approving Dr. Ulmer’s past activities in connection
with the station. “To the contrary,” comments the Commission,
“we unequivocably condemn these activities and the complete dis¬
regard of the duties of radiobroadcast licensees shown by the
other principal participants in this proceeding.”

The Commission was faced with the circumstance that in none
of the areas in which these stations are located, except Austin, is
there any station to serve as a medium for community expression
other than the particular stations involved. No question had been
raised that the program service was not in the public interest.

Commissioner Payne dissented in all six cases and Commissioner
Case in the case of KGKB.

STATE LEGISLATION

South Carolina:

H. 487 (Moore, et al) ALCOHOLIC LIQUORS— PUBLIC AD¬
VERTISEMENT — to render unlawful the public advertisement of
alcoholic liquors and beverages, and to provide a penalty for viola¬
tion thereof. Referred to Committee on Judiciary.

FEDERAL COMMUNICATIONS
COMMISSION

REVOCATION ORDERS VACATED

Need for continued broadcast service and other public interest
considerations led the FCC to vacate its orders of revocation in the
so-called “Texas cases,” it announced.

Though hidden management revelations provided “ample foun¬
dation” for revocation, the Commission deems that the program
service of the six stations involved is in the public interest, being
for the most part in communities not otherwise provided with
broadcast facilities. Therefore, in view of subsequent acts by the
licensees to remedy unlawful aspects of past operation, the Com¬
mission agreed to license five of the stations on a temporary basis
for 90 days, during which time they must show that James G.
Ulmer has relinquished all interest in their operation. Further,
the Commission is keeping the records in all six cases open for
use in any future proceedings which might involve these licensees.

Today’s decisions affect KGKB, East Texas Broadcasting Co.,
Tyler, (B-110); KRB,\, Red Lands Broadcasting Association,
Lufkin (B-104); KSAM, Sam Houston Broadcasting Association,
Huntsville, (B-IOS); KTBC, State Capitol Broadcasting .Associa¬

WBAX LICENSE RENEWAL DENIED

■Application by John H. Stenger, Jr., for renewal of license of
broadcast station WBAX, at Wilkes-Barre, Pa., was denied by the
FCC, following oral argument before the Commission on its Pro¬
posed Findings of Fact and Conclusions (B-llS) to that effect,
dated September 18th last. The station is accordingly given until
3 a.m., July 1 next to get off the air.

In adopting its proposed findings, the Commission reaffirmed its
previous conclusions as amended:

“Upon the foregoing findings of fact the Commission concludes:

“1. The applicant is not financially qualified to continue the
operation of the station.

“2. In view of the facts recited above with respect to false
representations made to the Commission by the applicant in appli¬
cations and other documents, it is apparent that his character is
not such as to qualify him to hold the license of a radiobroadcast
station.

“3. In practical effect, the station licenses heretofore granted to
the applicant for the operation of Station WBAX, and the rights
therein granted have been transferred to Glenn D. Gillett, Marcy
Eager, and Stenger Broadcasting Corporation without obtaining
the consent of the Commission thereto in writing, in violation of
the provisions of Section 310(b) of the Communications Act of
1934, as amended.

“4. The radio transmitting apparatus described in licenses here¬
tofore issued to the applicant for the operation of Station WBAX
has been used and operated by Glenn D. Gillett and Marcy Eager,
directly and through agents, and by Stenger Broadcasting Cor¬
poration, through its officers and directors, particularly with respect
to the control of physical operation and programs broadcast, in
violation of the provisions of Section 301 of the Communications
.Act of 1934, as amended.

“S. The applicant has relinquished control of this station and
his right to exercise same; and has failed to discharge properly the
obligations made incumbent upon him in licenses which he has
received from the Commission.

“6. The granting of the application for renewal of license of
Station WB.AX v\'ill not serve ])ublic interest, convenience, or
necessity.”

320 — April 4, 1941

The Commission made the supplemental observation that the
“control actually exercised by Gillett and his associates went beyond
the terms of the contract, and beyond the activities reasonably to
be contemplated therefrom.”

Commissioner Craven, concurring, stated: “I concur with the
ultimate result, but believe that the denial should be without
prejudice to the filing of an application for transfer of license to
a person satisfactory to the Commission as to qualifications under
the law.”

WBAX, using power of 100 watts, has been operating on a tem¬
porary basis since March 29 on 1240 kilocycles, and on 1210 kilo¬
cycles previously.

RING RESIGNS

After nearly 12 years of active Government service in radio
broadcast engineering, Andrew D. Ring has resigned as Assistant
Chief Engineer of the FCC to engage in private engineering prac¬
tice. He will be associated in Washington with Ralph L. Clark,
who has also resigned from the Commission engineering staff for
this purpose.

Mr. Ring is following out an intention of long standing to enter
private practice as soon as certain engineering problems had been
followed through by the Commission to successful conclusions.
Last of these was the North American Regional Broadcasting Agree¬
ment. effective March 29, with which Mr. Ring had been associated
in a technical capacity since he was a technical adviser to the
Havana conference in 1937.

A native of Tennessee and graduated from the University of
Tennessee, Mr. Ring joined the Federal Radio Commission July
1. 1929, as senior engineer. He has been Assistant Chief Engineer
for the Federal Communications Commission since the latter was
established in 1934.

Technical progress in which Mr. Ring played an active part has
included establishment in 1930 of empirical standards of alloca¬
tion as a basis for determining broadcast service and interference ;
adoption of automatic frequency controls in 1932 ; directive an¬
tenna to prevent interference and otherwise improve service, adopted
that same year; Standards of Good Engineering Practice and Rules
and Regulations Governing Standard Broadcast Stations, resulting
from an engineering conference in 1939; the recent debut of com¬
mercial FM, with new principles of allocation on the basis of area
served; substantial developments in television, and international
broadcast aided by use of directive antenna and maximum power
requirement.

Mr. Ring has been with the Commission during a period which
has been decisive of many important engineering problems in the
broadcasting field. He has brought to his work here both a long
experience and a rare degree of competence. It will be difficult to
fill his place at the Commission.

COOPER RESIGNS

The FCC has accepted the resignation of Robert M. Cooper,
Assistant to the General Counsel, Mr. Cooper has been with the
Commission for about two years. During that time he has been
active in connection with litigation, the chain broadcasting inquiry,
the proposed telegraph merger, and other important matters.

Chairman James Lawrence Fly said that Mr. Cooper’s services
had been of great value to the Commission. “Mr. Cooper is an
excellent lawyer with long experience in the regulatory field,” com¬
mented the Chairman. General Counsel Telford Taylor stated that
Mr. Cooper had contributed effectively to the Commission’s
activities in numerous important branches of its work, and paid
high tribute to his ability.

Mr. Cooper has had several offers of other employment but did

not announce his plans for the future. He will continue to handle
several matters which have been specifically assigned to him by the
Department of Justice.

IMPROVED RECEPTION UNDER
FREQUENCY SHIFT NOTED

Advice received by the FCC indicates that the change of fre¬
quencies effected by standard broadcast stations on March 29th,
as required under the North American Regional Broadcasting
Agreement, was accomplished with a minimum of inconvenience to
listeners as well as to broadcasters.

The shift was made according to schedule, without untoward
incident. Broadcasters report that their listeners evinced no par¬
ticular confusion, thanks to the advance explanations made by
both radio and the press in a public effort, which was assisted by
Governors’ proclamations and cooperation of civic, technical and
other groups.

Early reports to the FCC are to the effect that improved recep¬
tion has been noted in general. Some isolated reports of inter¬
ference have been traced to specific cases in which final adjust¬
ments were not completed at the exact time the reallocation
became effective.

FEDERAL COMMUNICATIONS
COMMISSION DOCKET

Following broadcast hearings are scheduled to be heard
before the Commission during the week beginning Mon¬
day, April 7. They are subject to change.

Thursday, April 10

NEW — Granite District Radio Broadcasting Co., Murray, Utah. —
C. P., 1500 ke. (1490 ko. when Havana Treaty is effective),
250 watts, unlimited.

Friday, April 11

KGNO — The Dodge City Broadcastingg Company, Inc., Dodge
City, Kans. — Modification of license, 11140 kf., 500 watts
night, 1 KW day, unlimited. Present assignment: 11140 kc.,
250 watts night, 1 KW day, unlimited.

FUTURE HEARINGS

During the past week the Commission has announced
the following dates for broadcast hearings. They are sub¬
ject to change.

April 21

Consolidated Hearing

WPAY — Chester A. Thompson (Transferor), and The Brush-
Moore Newspapers, Inc. (Transferee), Portsmouth, Ohio. —
Transfer of control of Corp., 1370 kc., 100 watts, unlimited.
WPAY — Vee Bee Corporation, Portsmouth, Ohio. — Renewal of
license, 1870 kc., 100 watts, unlimited.

Joint Hearing

NEW — The Yankee Network. Inc., Boston, Mass. — C. P., 44300
kc., coverage 19,230 square miles.

NEW — Worcester Telegram Publishing Co., Inc., Worcester, Mass.
— C. P., 43100 kc., coverage 20,437 square miles.

April 4, 1941 — 321

April 30

KMLB — Liner’s Broadcasting Station, Inc., Monroe, La. — C. P.,
1410 kc., 1 KW, unlimited, DA night.

May 14

WHB — WHB Broadcasting Company, Kansas City, Mo. — C. P.,
710 kc., 5 KW, DA night and day, unlimited time.

WTCN — Minnesota Broadcasting Corp., Minneapolis, Minn. —
C. P., 710 kc., 10 KW, unlimited, DA night.

May 21

Consolidated Hearing

NEW — R. B. Terry, D. A. Rawley, C. M. Waynick and H. A.
Cecil, d/b as High Point Broadcasting Co., High Point,
N. C. — C. P., 1370 kc., 100 watts, unlimited time.

NEW — Ralph L. Lewis, Greensboro, N. C. — C. P., 1370 kc., 100
watts, unlimited time.

May 26

Consolidated Hearing

WCAM — City of Camden, Camden, N, J, — Renewal of license,
1380 iic., SOO watts night, 500 watts LS, shares WTNJ
and WCAP.

WCAP — Radio Industries Broadcast Co., Asbury Park, N. J. —
Renewal of license, 1280 kc., 500 watts night, SOO watts
LS, shares WTNJ and WCAM.

WTNJ — WOAX, Incorporated, Trenton, N. J. — Renewal of license,
1280 kc., 500 watts night, SOO watts LS, shares WCAM
and WCAP.

WTNJ — WOAX, Incorporated, Trenton, N. J. — C. P,, 1330 kc.,
1 KW night, 1 KW day, unlimited, D.A day and night.

NEW — Trent Broadcast Corp., Trenton, N. J. — C. P., 1330 kc.,
1 KW, unlimited, DA day and night.

June 2

NEW — Symons Broadcasting Co., Ellensburg, Wash. — C. P., 1110
kc., 1 KW, unlimited time.

FEDERAL COMMUNICATIONS
COMMISSION ACTION

APPLICATIONS GRANTED

WSTV — The Valley Broadcasting Co., Steubenville, Ohio. — Granted
modification of license to change hours of operation from
specified to unlimited time, 1340 kc. (NARBA), power 250
watts night and day (B2-ML-1051 ) .

WBRK — Harold Thomas •( assignor ) , Monroe B. England (assignee),
Pittsfield, Mass, — Granted consent to assignment of license
for station WBRK from Harold Thomas to Monroe B.
England; station operates on 1340 kc. (NARBA), 250
watts, unlimited time (Bl-AL-298).

KOL — Seattle Broadcasting Co., Seattle, Wash. — Granted con¬
struction permit to increase night power from 1 KW to
5 KW and install directional antenna for day and night
use; 1300 kc. (NARBA), 5 KW dav, unlimited time
(B5-P-3030).

WLOG — Clarence H. Frey & Robert O. Greever, Logan, W. Va. —
Granted construction permit to increase power from 100
watts night and day to 250 watts night and day and make
changes in equipment; 1230 kc. (NARBA), unlimited time
(B2-P-3109).

KGY — KGY, Inc., Olympia, Wash. — Granted construction permit
to install new antenna and increase time of operation from
unlimited except when station KTW is operating, to un¬
limited; 1340 kc. (NARBA), 100 watts night and day
(BS-P-3071).

David Rosenblum, d/b as Butler Broadcasting Co., Butler, Pa, —
Granted construction permit for new standard broadcast
station to operate on 680 kc., 250 watts, daytime only;

322 — April 4, 1941

exact transmitter site to be determined with Commission’s
approval (B2-P-3046).

DESIGNATED FOR HEARING

Colonial Broadcasting Corp., Norfolk, Va. — Application for con¬
struction permit for new standard broadcast station to
operate on 1200 kc. (1230 kc. under NARBA), 250 watts,
unlimited time; exact site and antenna system to be de¬
termined (B2-P-3039).

WABY — Adirondack Broadcasting Co., Inc., Albany, N. Y. —
Application for modification of license to change frequency
from 1400 kc. (NARBA), to 1240 kc. under NARBA;
250 watts night and day, unlimited time (Bl-ML-1053) .

MISCELLANEOUS

WMRO — Martin R. O’Brien, Aurora, III, — Granted special tempo¬
rary authority to operate with power of 100 watts from local
sunset (March 6 p. m. CST) to 9:30 p. m. on March 31, in
order to broadcast political addresses only; from local sunset
(April 6:30 p. m., CST) to 11 p. m., April 1, 1941, in order
to broadcast City of Aurora election returns, and from sun¬
set lip. m,, CST, April 15, 1941, in order to broadcast elec¬
tion returns in communities adjacent to the City of Aurora
only.

WSBT — The South Bend Tribune, South Bend, Ind. — Granted
special temporary authority to operate unlimited time on
960 kc., 250 watts night, 500 watts daytime for the period
March 29, 1941, to not later than April 27, 1941, pending
completion of construction in accordance with permit, pro¬
vided Station WFAM (also licensed to The South Bend
Tribune) license be surrendered.

WHAL — Harold F. Gross and Edmund C. Shields, Saginaw, Mich.
— Granted modification of construction permit which author¬
ized a new station to be operated on 950 kc., 500 watts,
daytime hours, for change in frequency to 980 kc. in ac¬
cordance with NARBA; no authority to operate hereunder
will be granted prior to March 29, 1941.

W2XBS — National Broadcasting Co,, Inc., New York City —
Granted extension of special temporary authority to operate
television broadcast station W2XBS with special emission
in addition to A3 emission on Channel No. 1, in order to
conduct experimental tests for the National Television
Standards Committee and the National Broadcasting Co.,
Inc., for the period beginning April 1, 1941, and ending not
later than April 30, 1941.

KAAK — American Airlines, Inc., Washington, D. C. — Granted
special temporary authority to operate aircraft radio station
KHALI on frequency 2790 kc. between 7:30 p. m. and 8
p. m. CSDT on March 29, 1941, in order to relay broadcast
program in connection with opening of the International
Flower Show at Dallas to radio station WRR.

WPIC — Sharon Herald Broadcasting Co., Sharon, Pa. — Denied
special temporary authority to operate from 7:30 p. m.,
EST, to the conclusion of State Semi-final basketball game
on March 25, 1941, in order to broadcast said game only.

KBTM — Jay P. Beard, tr/as Regional Broadcast Co., Jonesboro,
Ark. — Denied special temporary authority to operate with
power of 250 watts nighttime on March 28, 1941.

WSJS — Piedmont Publishing Co.. Winston-Salem, N, C. — Granted
authority to determine operating power by direct measure¬
ment of antenna input on 600 kc. under NARBA, for period
beginning 3 a. m. EST, March 29 (B3-Z-720).

KSEI — Radio Service Corp., Pocatello, Idaho. — Granted authority
to determine operating power by direct measurement of
antenna power on 930 kc. under NARBA, for the period
beginning 3 a. m, EST, March 29 (B5-Z-722).

WTAR — WTAR Radio Corp., Norfolk, Va. — Granted authority
to install automatic frequency control equipment for auxil¬
iary transmitter on 790 kc. under NARBA (B2-F-195).

KVRS — Wyoming Broadcasting Co., Rock Springs, Wyoming. —
Granted authority to determine operating power by direct
measurement of antenna power on 1400 kc. under N.ARBA,
for the period beginning 3 a. m. EST, March 29 (BS-Z-719).

W6XYZ — Television Productions, Inc., Los Angeles, Cal. — Granted
modification of construction permit (BS-PVB-33, which

authorized a new television station) for extension of com¬
mencement and completion dates to April IS and October
15, 1941, respectively (BS-MPVB-38) .

W2XMT — Metropolitan Television, Inc., New York City — Granted
modification of construction permit (Bl-PVB-40, which

authorized a new television station), authorizing extension
of commencement and completion dates to June 1, 1941,
and January 1, 1942, respectively (Bl-MPVB-37).

WGEA — General Electric Co., So. Schenectady, N. Y. — Granted
modification of construction permit (Bl-PIB-25, which
authorized increase in power, additional frequencies and
new transmitter in international broadcast station) for ex¬
tension of completion date to July 1, 1941 (Bl-MPIB-22 ) .

KGEI — General Electric Co., San Francisco, Cal. — Granted modi¬
fication of construction permit (B5-PIB-24, which author¬
ized installation of new transmitter and increase in pow'er
of international broadcast station) for extension of comple¬
tion date to July 1, 1941 (B3-MPIB-23 ) .

KALW — Board of Education of San Francisco Unified School Dist.,
San Francisco, Cal. — Granted modification of construction
permit (BS-PED-14, for new non-commercial educational
broadcast station) for extension of completion date to May
14-41.

WHIZ — WALR Broadcasting Corp., Zanesville, Ohio — Granted
modification of license to change name of licensee to South¬
eastern Ohio Broadcasters, Inc., for period beginning 3 a. m.,
EST, March 29 (B2-ML-1036) .

WBEN — WBEN, Inc., Buffalo, N. Y. — Granted modification of
construction permit (Bl-P-2757, for new transmitter, direc¬
tional antenna for night use, increase in power to 5 KW,
and move of transmitter), for extension of completion date
to June 1, 1941 (Bl-MP-1200) .

WKST — WKST, Inc., New Castle, Pa, — Granted modification of
construction permit (B2-P-2809, to install directional
antenna for night use, change hours of operation to
unlimited, using 1 KW day and night), for changes in
D.A. system, and to request 1280 kc. under NARBA
(B2-MP-1206).

WOV — Greater New York Broadcasting Corp., New York City. —
Granted license to cover construction permit (B1-P-27S3)
for new equipment, increase in power, installation of direc¬
tional antenna, for period beginning 3 a. m. EST, March 29
(Bl-L-1341). Also granted authority to determine operating
power by direct measurement of antenna input on 1180 kc.
under NARB.^, for period beginning 3 a. m. EST, March
29 (Bl-Z-700).

WIOD — Isle of Dreams Broadcasting Corp., Miami, Fla. — Granted
license to cover construction permit (B3-P-2476, which
authorized installation of new' transmitter, increase in power
and installation of D. A. for day and night use, and move
of transmitter) for the period beginning 3 a. m., EST, March
29 (B3-L-1339). Also granted authority to determine oper¬
ating power by direct measurement of antenna input for
period beginning 3 a. m., March 29 (B3-Z-696).

WIBW — Topeka Broadcasting Assn., Inc., Topeka, Kans. — Granted
license to cover construction permit (B4-P-2674) which
authorized increase in night power using directional antenna
at night, for period beginning 3 a. m., EST, March 29
(B4-L-1342). Also granted authority to determine oper¬
ating power by direct measurement of antenna input for
period beginning 3 a. m., March 29 {B4-Z-701).

Greenville Broadcasting Co., Portable-Mobile (Area of Greenville,
N. C.). — Granted construction permit for new relay broad¬
cast station; frequencies 1622, 2058, 2150, 2790 ke. ; 40
watts; to be used w'ith WGTC, Greenville, N. C. (B3-PRY-
236).

WDOD — WDOD Broadcasting Corp., Chattanooga, Tenn. —
Granted authority to install automatic frequency control
equipment, on 1810 ke. under N.ARBA (B3-F-178).

WKAT — A. Frank Katzentine, Miami Beach, Fla. — Granted con¬
struction permit to use formerly licensed W.E. 250 watt
transmitter as auxiliary, and install new crystal oscillator
for 1880 kc. (1.860 kc. under N.ARBA) (B3-P-3120).

WDOD — WDOD Broadcasting Corp., Chattanooga, Tenn. —
Granted modification of construction permit (B3-P-2641,
authorizing installation of directional antenna system for
night use, increase power to 5 KW and move transmitter),
for 1810 kc. under NARB.A, changes in D A. system, and
extension of completion date to 180 days after grant
(B3-MP-1216).

WELI— City Broadcasting Corp., New Haven, Conn.— Granted
modification of construction permit (Bl-ML-868, which
authorized increase in pow'er and changes in directional
antenna), for 960 kc. under NARB.A, changes in directional
antenna, and extension of commencement and completion
dates to 1 day and 180 days after grant respectively
(Bl-MP-1209).

WRC — National Broadcasting Co., Inc., Washington, D. C. — ■
Granted modification of construction permit (Bl-P-243, as
modified, w'hich authorized increase in power, installation
of D.A for night use), for extension of completion date to
May S, 1941 (Bl-MP-1207) .

WEXD — Royal Oak Broadcasting Co., Royal Oak, Mich. — Granted
modification of construction permit (B2-P-24S9, which
authorized moye of transmitter, increase in power, installa¬
tion of new transmitter and antenna) for approval of trans¬
mitter site at NE Corner of Woodward Heights Blvd. and
Huron St., Ferndale, Mich. (B2-MP-1147 ) .

WAPF — City of Flint, Flint, Mich. — Granted motion to dismiss
from hearing docket the application for a new airport
station to operate on 278 kc., IS watts, unlimited time.

WNYC — Municipal Broadcasting System of the City of New York.
— Dismissed without prejudice petition for intervention in
the hearing on application of Camden Broadcasting Com¬
pany for a new station in Camden to operate on 800 kc.,
500 watts, unlimited time.

Butler Radio, Inc., Tyler, Texas. — Dismissed motion for leave to
amend application for construction permit to specify fre¬
quency 1400 kc. under N.ARB.A.

Ralph L. Lewis, Greensboro, N. C. — Dismissed motion for leave
to amend application to specify frequency 1400 kc. under
NARBA.

Symons Broadcasting Co., Ellensburg, Wash. — Granted motion to
continue hearing now set for .April 1 for a period of 60
days in re application for construction permit to operate
on 1110 kc., 1 KW, unlimited time.

WAGA — Liberty Broadcasting Corp., .Atlanta, Ga. — Passed motion
for leave to amend application with regard to directional
antenna, in reconstruction permit to change frequency, etc.

WB.AX — John H. Stenger, Jr., Wilkes-Barre, Pa. — Denied motion
for continuance of oral argument now scheduled for March
31, in re application for renewal of license.

KOM.A — KOM.A, Inc., Oklahoma City, Okla. — Granted extension
of time to April 30 within which to file amendment to appli¬
cation for construction permit to change frequency, etc.

KMLB — Liner’s Broadcasting Station, Inc., Monroe, La. — Granted
motion to continue hearing now scheduled for March 31 for
period of 30 days, on application for construction permit
to change frequency, etc.

WD.AS — WDAS Broadcasting Station, Inc., Philadelphia, Pa. —
The Commission on its own motion consolidated the hearing
and continued same to May 26, on applications of renewal
of licenses for WCAM, WCAP and VVTNJ, and for con¬
struction permits for Trent Broadcast Corp., WTNJ and
WD.AS. Motion of WDAS to continue hearing dismissed.

Mollin Investment Co., Riverside, Calif. — Denied as in cases of
default the application for construction permit for a new
broadcast station. Applicant failed to appear and offer
evidence in support of the application to use 1890 kc.,
50 watts, daytime only.

Columbia Broadcasting System, Inc., Boston. Mass. — Passed peti¬
tion to intervene in the hearing on application of The Outlet
Co. for a new station in Providence, R. I., to operate on
44,800 kc., 16,370 square miles.

Columbia Broadcasting System, Inc., Boston, Mass, — The Commis¬
sion on its own motion continued hearing now scheduled for
.April 7 to April 21, on applications of Yankee Network, Inc.,
Worcester Telegram Publishing Co., and Columbia Broad¬
casting System, Inc., for new FM stations.

WJ.AR — The Outlet Co., Providence, R. I. — Passed petition for
leave to intervene and enlarge issues in re applications of
Yankee Network, Inc., and Worcester Telegram Publishing
Co., Inc., referred to above.

Columbia Broadcasting System, Inc., Boston, Mass. — Passed motion
to grant amendments to change frequency and change site
in re its application for new FM station.

K.AWN — A. W. Mills, Gallup, New Mexico — Granted extension of
special temporary authority to remain silent for the period
March 31 to .April 29, pending action on application to in¬
stall new equipment (B3-S-922).

W71NY — Bamberger Broadcasting Service, Inc., New York City. —
Granted special temporary authority to operate frequency
modulation station commercially on 47,10!) kc., 100 watts,
special emission for FM at 444 Madison .Ave., New A^ork
(Zity, for a period ending no later than May 17, 1941, pend¬
ing completion of construction under (Bl-PH-46 and Bl-
MPH-8),

WM5'.A — Martinsville Broadcasting Co., Martinsville, Va. —
Granted modification of construction permit (B2-P-2226

April 4, 1941 — 323

which authorized a new station to operate on I4'i0 he.,
too watts night, 250 watts day. unlimited hours, for change
in frequency to MnO kc. under NARBA. No authority
to operate will be granted prior to March 29.

The Yankee Network, Inc,, Boston, Mass. — Granted special tem¬
porary authority to originate the broadcast of a Stanley
Cup Hockey play-off on March 29, in Boston, to be carried
over the wires of AT&T or a subsidiary to Toronto, there
to be broadcast by stations of Canadian Broadcasting Corp.

The Yankee Network, Inc., Boston, Mass. — Granted special tem¬
porary authorization to originate the broadcast of a Stanley
Cup Hockey play-off on April 3, in Boston, to be carried
over wires of AT&T or a subsidary to Toronto, there to be
broadcast by station CKCL from 9 p. m, EST, to conclusion
of game.

WYNE — Board of Education, City of New York. — Granted ex¬
tension of special temporary authorization to continue to
operate non-commercial Educational Broadcast Station
WYNE on 411(M( ke., for the period .April 1 to .April 30,
pending action on application for construction permit for
frequency modulation and until construction is comi^leted
in accordance with terms of application.

W2XOY — General Electric Co., New Scotland, N. Y. — Granted
extension of special temporary authority to operate a high
frequency experimental broadcast station on frequency
4112(10 k(‘., 2500 watts, special emission for FM, with trans¬
mitter located at New Scotland, N. Y., for the period .April
1 to .April 30, 1941 .

KEM.A — May Seed & Nursery Co, (assignor). May Broadcasting
Co. (assignee), Shenandoah, low’a. — Entered order dismiss¬
ing application for voluntary assignment of license of relay
station KEM.A ( B4-.ALRY-1 1 ) .

WSYS — Board of Education, City of Buffalo, N. Y. — Granted au¬
thority to install automatic frequency control equipment
on 140(1 kf. under N.ARB.A (Bl-F-202).

KSej — Perkins Brothers Co. (The Sioux City Journal), Sioux
City, Iowa. — Granted modification of construction permit
(B4-P-2290, which authorized installation of directional
antenna for night use, and increase in power) for changes
in flirectional antenna on 1260 kc. under N.ARB.A. and
extension of completion date to 180 days after grant (B4-
MP-1236).

National Broadcasting Co., Inc., New York, N. Y, — Granted special
temporary authority to rebroadcast program over WE.AF
and the Red Network entitled “Defense of America,” from
7 p. m. to 7:30 p. m. EST, March 29, 1941, to be received
from U. S. airplane in flight over Cleveland, Ohio; recep¬
tion to be effected by special temporary receiving station
by NBC in Cleveland.

APPLICATIONS FILED AT FCC
550 Kilocycles

KO.AC — Oregon State .Agricultural College, Corvallis, Oregon -
Modification of construction permit (B5-P-2422) for new
transmitter installation of directional antenna increase in
power and move of transmitter, for extension of completion
date from 4-14-41 to 7-14-41.

KOA^ — Salt River Valley Broadcasting Co.. Phoenix, Ariz, — License
to cover construction permit (B5-P-3078) for new trans¬
mitter.

570 Kilocycles

WKBN — WKBN Broadcasting Corp., Youngstown, Ohio. — Modi¬
fication of license to change hours from specified to un¬
limited. Facilities of WOSD (agreement attached).

VVOSU — The Ohio State University, Columbus, Ohio. — Construc¬
tion permit to install new transmitter, change frequency,
power and hours from .570 !ic., 1 KW specified hours to
880 kc. (820 kc. under N.ARB.A), 5 KW, limited, to local
sunset at Dallas, Texas.

KUT.A — Jack Powers, F'rank C. Carman, David G. Smith and
Grant R. Wrathall, d/b as Utah Broadcasting Co., Salt Lake
City, Utah. — Modification of construction permit (B5-P-
2342) for new transmitter, directional antenna for day and
night use, change frequency, increase power and move of
transmitter, requesting changes in equipment, change direc¬
tional antenna (day and night) increase power to 1 KW
night, 5 KW da>' ; change proposed transmitter site, extend
commencement date to 60 days after grant and completion
date to 180 days thereafter.

324 — April 4, 1941

WSYR — Central New York Broadcasting Corp., Syracuse, N, Y, —
Construction permit to install new transmitter, changes in
directional antenna (day and night use) and increase power
from 1 KW to 5 KW. .Amended: re antenna.

620 Kilocycles

WROL — Stuart Broadcasting Corp., Knoxville, Tenn. — Modifica¬
tion of license to increase power from 500 watts night using
directional, 1 KW day to 1 KW day and night using direc¬
tional antenna night.

680 Kilocycles

WPTF — WPTF Radio Co., Raleigh, N. C. — Modification of con¬
struction permit (B3-P-2216) as modified, for new equip¬
ment, increase in power and changes in directional antenna,
requesting extension of time from 4-16-41 to 6-1-41.

890 Kilocycles

KFUO — Evangelical Lutheran Synod of Missouri, Ohio and Other
States, Clayton, Mo. — .Authority to determine operating
power by direct measurement of antenna power on 8.70 kc.
under N.ARBA.

920 Kilocycles

NEW — .Alamance Broadcasting Co., Inc,, Burlington, N. C. —
Construction permit for new broadcast station on 800 kc.
(920 kc. under NARBA), Class HI, 1 KW, daytime.
.Amended: stock ownership.

KFEL — Eugene P. O’Fallon, Inc., Denver, Colo. — .Authority to
determine operating power by direct measurement of an¬
tenna power.

KFEL — Eugene P. O’Fallon, Inc., Denver, Colo. — License to cover
construction permit (B5-P-2S77) as modified for move of
transmitter, install new transmitter, increase in power and
directional antenna for day and night use.

KOMO — Fisher’s Blend Station, Inc., Seattle, Wash, — Modifica¬
tion of construction permit (B5-P-2848) for directional
antenna, increase in power, requesting 950 kc. under
N.ARB.A and changes in directional antenna.

940 Kilocycles

WeSH — Congress Square Hotel Co., Portland, Maine. — License
to cover construction permit (B1-P-2S35) as modified for
increase in pow'cr and installation of directional antenna
for day and night use.

WeSH — Congress Square Hotel Co., Portland, Maine. — Authority
to determine operating power by direct measurement of
antenna power.

950 Kilocycles

WRC — National Broadcasting Co., Inc., Washington, D. C. —
Modification of construction permit (Bl-P-243) as modi¬
fied, requesting 980 kc. under NARB.A.

970 Kilocycles

KJR — Fisher’s Blend Station, Inc., Seattle, Wash. — Construction
permit changes in equipment, directional antenna for night
use, increase power to 50 KW, move transmitter. Amended
to specify 1000 kc. under N.ARB.A, and change directional
antenna.

980 Kilocycles

NEW — Greensboro Broadcasting Co., Inc., Thomasville, N. C. —
Construction permit for a new station on 980 kc. under
N.ARB.A, 1 KW power, daytime, transmitter Greensboro,
N. C. Amended: Studio site changed from Thomasville
to site to be determined, Greensboro, N. C.

990 Kilocycles

WBZ — Westinghouse Electric & Manufacturing Co., Boston, Mass.
— License to cover construction permit (Bl-P-2998) for
new transmitter, directional antenna for day and night, and
move of transmitter. Amended: To change name to West¬
inghouse Radio Stations, Inc,

WBZ — Westinghouse Electric & Manufacturing Co., Boston, Mass.
— Authority to determine operating power by direct meas¬
urement. Amended; To change name to Westinghouse
Radio Stations, Inc.

WIBG — Seabord Radio Broadcasting Corp., Glenside, Pa. — Modi¬
fication of license to change hours from daytime (NARBA)
to limited to Knoxville, Tenn.

1020 Kilocycles

KYW — Westinghouse Electric & Manufacturing Co., Philadelphia,
Pa. — Authority to install automatic frequency control on
1060 kc. NARBA. Amended to change name to Westing¬
house Radio Stations, Inc.

1120 Kilocycles

WISN — Hears! Radio, Inc., Milwaukee, Wis. — Modification of con¬
struction permit (B4-P-2608) as modified for new trans¬
mitter, directional antenna day and night, increase power
and move of transmitter, requesting 1150 ke. under
NARBA, chanees in directional antenna and extension of
completion date to 180 days after grant.

1210 Kilocycles

WEBQ — Harrisburg Broadcasting Co., Harrisburg, Ill. — Construc¬
tion permit to move transmiter to lower floor same build¬
ing, install new transmitter changes in antenna and 1240
kc. under NARBA.

K.ALB — Alexandria Broadcasting Co., Inc., Alexandria, La. —
.Authority to determine operating power by direct measure¬
ment on 1240 kc. under NARBA.

WFAS — Westchester Broadcasting Corp., White Plains, N. Y. — ■
Authority to determine operating power by direct measure¬
ment on 1240 kc. under N.ARBA.

WTMA — .Atlantic Coast Broadcasting Co., Charleston, S. C. —
Authority to determine operating power by direct measure¬
ment on 1250 kc. under NARBA.

KFXM — J. C. Lee & E. W. Lee (Lee Bros. Broadcasting Co.),
San Bernardino, Calif. — Authority to determine operating
power by direct measurement on 1240 kc. under N.ARBA.

1220 Kilocycles

KWSC — State College of Washington, Pullman, Wash. — Modifica¬
tion of construction permit (B5-MP-2911) for changes in
equipment, automatic frequency control, requesting exten-
tion of completion from 4-9-41 to 10-9-41.

KWSC — State College of Washington, Pullman, Wash. — Modifica¬
tion of construction permit (BS-MP-1240) for changes in
equipment, automatic frequency control, requesting author¬
ity to install automatic frequency control for 1250 kc. under
N.ARBA and extend commencement date to 10 days after
grant and completion to 180 days thereafter.

1230 Kilocycles

NEW — Greater Houston Broadcasting Co., Inc., Houston, Texas. —
Construction permit for new broadcast station on 1230 kc.,
Class IV, 250 watts, unlimited time.

1260 Kilocycles

WTOC — Savannah Broadcasting Co., Savannah, Ga. — Modifica¬
tion of construction permit (B3-P-2944) as modified, re¬
questing increase in power from 1 KW night, 5 KW day
to 5 KW day and night, changes in directional antenna
for night use, and 1290 kc. under NARBA, and extension
of commencement and completion dates.

KOIL — Central States Broadcasting Co., Omaha, Nebr. — Modifi¬
cation of construction permit (B4-P-2609) for installation
of directional antenna for night use, increase in power,
requesting 1290 kc. under N,4RB.A and changes in D.A.

1270 Kilocycles

WFBR — The Baltimore Radio Show, Inc., Baltimore, Md. — Con¬
struction permit to increase power from 1 KW. 5 KW LS
to S KW day and night, make changes in directional an¬
tenna for dav and night use, requesting 1300 kc. under
NARBA.

1310 Kilocycles

WJPR — John R. Pepper, Greenville, Miss. — Construction permit to
change frequency from 1310 kc. to 1600 kc. (under
NARBA), power from 250 watts to 1 KW, install new
transmitter. Amended: To change type of transmitter.

WFBG — The Gable Broadcasting Co. (Lessee), Altoona, Pa. — ■
Authority to determine operating power by direct measure¬
ment on 1340 kc. under NARBA.

WG.AU — J. K. Patrick, Earl B. Braswell, Tate Wright, C. A.
Rowland & A. L. Brannen, d/b as J. K. Patrick & Co.,
Athens, Ga. — .Authority to determine operating power by
direct measurement.

1330 Kilocycles

WSAI — The Crosley Corp., Cincinnati, Ohio. — Modification of
construction permit (B2-P-2221 ) as modified for increase
in power, directional antenna for night use, move of trans¬
mitter, for 1360 kc. under N,A,RB.\, changes in directional
antenna and extension of completion date from 7-15-41 to
180 days after grant.

1340 Kilocycles

WEXL — Royal Oak Broadcasting Co., Royal Oak, Mich. —
.'\uthority to determine operating power by direct measure¬
ment of antenna power.

WL,'\K — Lake Region Broadcasting Co., Lakeland, Fla. — Author¬
ity to transfer control of corporation to Bradley R. Eidman.

KXRO — KXRO, Incorporated, Aberdeen, Wash. — Authority to
install automatic frequency control equipment on 1340 kc.

1370 Kilocycles

WFOR — Forrest Broadcasting Co., Inc., Hattiesburg, Miss. —
License to cover construction permit (B3-P-3015) for
changes in equipment and increase power.

KTSW — Emporia Broadcasting Co., Inc., Emporia, Kans. —
Authority to determine operating power by direct measure¬
ment on 1400 kc. under N.^RB.A.

1390 Kilocycles

KUJ — KUJ, Incorporated, Walla Walla, Wash. — License to cover
construction permit (B5-P-2610) as modified, for change
of frequency, increase power, new transmitter and changes
in antenna and move of transmitter on 1420 kc. under
NARBA

KUJ — KUJ, Incorporated, Walla Walla, Wash. — .Authority to de¬
termine operating power by direct measurement.

1400 Kilocycles

NEW — George Grant Brooks, Jr., Scranton, Pa.— Construction
permit for new station, Class IV on 1370 kc., 1400 kc.
under N.ARBA, 250 watts, unlimited time. Antenna, trans¬
mitter and studio sites to be determined, Scranton, Pa.
Requests facilities WARM.

1420 Kilocycles

WFCI — Pawtucket Broadcasting Co., Pawtucket, R. 1. — Modifi¬
cation of construction permit (Bl-P-1877) as modified for
a new station, requesting extension of completion from
4-17-41 to 5-17-41.

W.APO — W. A. Patterson, Chattanooga, Tenn. — Authority to in¬
stall automatic frequency control on 1150 kc. under
NARBA.

WAOV — Vincennes Newspapers, Inc., \'incennes, Ind. — Construc¬
tion permit to make changes in equipment and increase
power from 100 watts to 250 watts.

1450 Kilocycles

NEW — South Florida Broadcasting, Inc., Miami, Fla. — Construc¬
tion permit for new broadcast station on 1500 kc.. 250
watts, unlimited time. Amended to change frequency to
145!) kc. under NARBA.

1500 Kilocycles

KEYS — Earl C. Uunn and Chas. W. Rossi, d/b as Nueces Broad¬
casting Co., Corpus Christi, Texas. — License to cover con-

April 4, 1941 — 325

struction permit (B,t-P-29.il ) as modified for a new broad¬
cast station. Amended: to specify 14!)() ke. under NARBA.

KRNR — News-Review Co., Roseburg, Oregon. — Construction per¬
mit to request 14!(0 kc. under NARBA, increase in power
from 100 watts night, 250 watts day to 250 watts day
and night and changes in antenna,

KD.AL — Red River Broadcasting Co., Inc., Duluth, Minn. — Con¬
struction permit to change frequency from 4500 kc. (14.00
kc. NARB.A) to filO kc., increase power from 250 watts
to 1 KW, install directional antenna for night use, new
equipment and move transmitter locally.

FM APPLICATION

K45LA — Don Lee Broadcasting System, Los .Angeles, Calif. —
Modification of construction permit (B5-PH-26) for new
high frequency broadcast station, requesting change in
coverage from 7000 to 7585 square miles, changes in antenna,
move studio locally, and extend commencement and com¬
pletion dates to 60 days after grant and 180 days thereafter
respectively.

TELEVISION APPLICATION

VV8XCT — The Crosley Corp., Cincinnati, Ohio. — Modification of
construction permit (B2-PVB-23) which authorized new
television station, requesting extension of completion date
from 4-28-41 to 10-28-41.

MISCELLANEOUS APPLICATIONS

VVRC.A — National Broadcasting Co., Inc., Bound Brook, N. J. —
License to cover construction permit (Bl-PIB-29) as modi¬
fied for increase in power, change in frequencies and equip¬
ment. International Station.

WNBI — National Broadcasting Co., Inc., Bound Brook, N. J. —
Modification of construction permit (Bl-PIB-28) as modi¬
fied requesting additional frequencies I18!)(> and 15150 kf.
and extend commencement and completion dates to imme¬
diately and 30 days thereafter, also make changes in equip¬
ment.

KALW — Board of Education of The San Francisco Unified School
District, San P'rancisco, Calif. — License to cover construc¬
tion permit (B5-PED-14 as modified) for new non-com¬
mercial educational broadcast station.

NEW — San Diego Unified School District, San Diego. Calif. —
Construction permit for a new non-commercial educational
broadcast station to be operated on 42300 kf., 1000 watts,
unlimited time, special emission for frequency modulation.

FEDERAL TRADE
COMMISSION ACTION

COMPLAINTS

Federal Trade Commission has alleged unfair compe¬
tition against the following firms. The respondents will
be given an opportunity to show cause why cease and
desist orders should not be issued against them.

llard-Parker (’o., Iiif., and its subsidiary and selling agent,
Parker, White & Heyl, Inc., both of Danlniry, Conn., are charged,
in a complaint, with misleading representation in Ihe sale “Bard-
Parker Formaldehyde Germicide.”

■According to the complaint the respondents, in jreriodical and
circular advertisements disseminated in various States, represent
that "Bard-Parker F'ormaldehyde Germicide” is an efficient, prac¬
tical and certain sterilization medium for surgical and dental instru¬
ments, and that it is a safe substitution for heat sterilization.

The comi)laint alleges that while the resixmdents’ preparation has
germicidal jjroperties it will not, when used in accordance with the
technique ordinarily assodaterl with sterilization, destroy all forms

326 — April 4, 1941

of bacteria, and is neither an efficient and certain sterilization
medium nor a safe substitute for heat sterilization. (4478)

Beiigur Products Company — A complaint has been issued
charging Benjamin Gordon and Louis Gordon, trading as Bengor
Products Co. and Magnet Merchandise Co., 878 Broadway, New
York, with the use of lottery methods in the sale of merchandise.
The respondents sell drug sundries, notions, household specialties,
and other novelty merchandise.

The respondents, according to the complaint, sell to dealers as¬
sortments of merchandise so packed and assembled as to involve
the use of a lottery scheme or game of chance when the merchan¬
dise is sold to the consuming public. Push card devices are used,
the complaint alleges.

Charging that the respondents’ practices have been contrary to
Federal Government public policy and the Federal Trade Commis¬
sion Act, the complaint grants the respondents 20 days for filing
answer. (4474)

Boyer Brothers — Trading as Boyer Brothers, William E. Boyer
and Robert J. Boyer, Altoona, Pa., have been served with a com¬
plaint charging the use of lottery methods in the sale of candy.

The respondents, according to the complaint, sell to wholesale
dealers and jobbers assortments of candy, and cause push cards
which are designed to be used with the assortments to be trans¬
ported by means of the respondents’ salesmen and otherwise to such
dealers and jobbers, who, in turn, assemble the push cards and
candy into single assortments for sale to the retail trade. The com¬
plaint alleges that retail dealers sell the candy to the public in ac¬
cordance with the respondents’ sales plan. The respondents, accord¬
ing to the complaint, thus supply to others the means of conduct¬
ing lotteries in the sale of their candy.

Charging that the respondents’ practices have been contrary to
Federal Government public policy and the Federal Trade Commis¬
sion .Act, the complaint grants the respondents 20 days for filing
answer. (4475)

Charles B. Joyce Company — A complaint has been issued
charging Morris L. Myers, trading as Charles B. Joyce Co., 2425
North Halsted St., Chicago, with the use of lottery methods in the
sale of merchandise. The respondent sells radios, docks, flashlights,
clothing, and novelty merchandise.

The respondent, according to the complaint, sells to dealers and
other purchasers assortments of merchandise so packed and as¬
sembled as to involve the use of a lottery scheme when the mer -
chandise is sold to the consuming public. Punch board devices are
used, the complaint alleges.

Charging that the respondents’ practices have been contrary to
Federal Government public policy and the Federal Trade Commis¬
sion Act, the complaint grants the respondent 20 days for filing
answer. (4476)

Ragsdale, Inc. — A complaint has been issued charging an East
Orange, N. J., group with misleading representations in the sale ol
instruction courses, outfits and supplies represented as offering an
opportunity for a person to establish a candy business in his home.
The respondents are W. Hillyer Ragsdale and Annie M., Marshall
D., and Ida J. Ragsdale, trading under the names W. Hillyer Rags¬
dale, W. Hillyer Ragsdale, Inc., and Ragsdale Candies, 307 North
Walnut St., East Orange, N. J.

The complaint alleges that through advertisements in periodicals
circulated in various States the respondents represent that their
outfits and instruction afford an opportunity for all men anrl
women, regardless of prior training, experience, or capital, to enter
the home-made candy making business; that such persons, upon
purchase of the outfits and instructions, because of the respondents’
help, will be enabled to set themselves up in a profitable business
which can be operated from or in the home, and that by use of the
methods outlined in the respondents’ course and the equipment,
tools, and supplies furnished, and because of the assistance given,
all such men and women are assured of success and a steady income
from the start either on a part-time or full-time basis.

Alleging that there is no basis in fact for the various assurances
given liy the respondents to prospective purchasers of their instruc¬
tion and equipment, the complaint charges violation of the Federal
'I'rade Commission .Act and grants the respondents 20 days for
answering the charges. (4472)

Stetson China Co., Inc., 1801 West 74th St., Chicago, dis¬
tributor of dinnerware, is charged, in a complaint, with misrepre¬
sentation.

The complaint alleges that the respondent corporation dissemi¬
nated printed matter representing that certain of its products are a
reproduction of expensive, imported chinaware and that the prices
are special or reduced, when in fact the chinaware offered is of
ordinary quality and the prices advertised as special are in fact the
regular retail prices. (4477)

CEASE AND DESIST ORDERS

Commission has issued the following cease and desist
orders:

.4ir Conditioning Training Corporation, Youngstown, Ohio,
and three of its officers, has been ordered to cease and desist from
misrepresentations in the sale of courses in air conditioning and re¬
frigeration conducted wholly or partly by correspondence. The
respondent officers are Benjamin M. Klekner, Morris A. Gluck, and
Leon J. Knight.

Commission findings are that in radio continuities broadcast over
more than 75 stations having interstate reception, in advertising
literature, and through their salesmen, the respondents represented,
among other things, that graduates are assured employment in the
air conditioning and refrigerating industry ; that jobs are either
guaranteed or promised; that the courses are given with the in¬
dustry’s cooperation or are sponsored by industry members, and
that industry members will employ graduates.

According to findings, students completing the courses are unable
to find employment, except in rare instances; industry members
refuse to hire such graduates unless they can show substantial
practical experience, and many industry members prefer to employ
college graduates for installation work or trained men from the
plumbing, electric and pipe-fitting trades for service work.

The Commission order directs the respondents to cease making
such representations concerning the availability of employment for
graduates and the cooperation of the industry, and, further to dis¬
continue representing that industry members formulated or assisted
in formulating the respondents’ courses, and actively participated
in the school’s conduct ; that the respondents’ salesmen are voca¬
tional directors or experts ; that part time work in servicing air
conditioning and refrigeration equipment is available to students
w'hile pursuing the respondents’ courses; that such students arc
qualified for that w'ork, and that the industry’s demand for men
cannot be satisfied through the usual channels.

The order further directs the respondents to cease representing
that starting wages for their graduates are higher than apprentice
wages in the industry; that persons other than those having pre¬
vious mechanical experience, or who have demonstrated an apti¬
tude for mechanics, are qualified to pursue the respondents’ courses
and occupy positions in the industry requiring technical skill and
scientific knowledge; that the tuition fee is less than is stated in
the respondents’ contract; that there are no charges other than
tuition cost, or that students may take the laboratory training with¬
out completion of tuition payments, and that the laboratory or
shop equipment is of greater extent and more comprehensive than
it is in fact. (4182)

Claro Laboratories, Ine., South Bend, Ind., and its owners.
Joseph Ferdinand Claro Przybysz (also known as Joseph Ferdinand
Claro) and Frances Przybysz, have been ordered to cease and desist
from misrepresentations in the sale of “Claro Hair Remover.”

The Commission order directs the respondents to cease repre¬
senting that their preparation constitutes a safe or non-irritating
means of removing superfluous hair, or that it will permanently
remove such hair or retard its growth.

Commission findings are that because of the barium sulphide and
potassium hydroxide in the respondent’s preparation, its use will
dissolve that portion of the hair above the skin with which it
comes in contact, but will not affect the roots of the hair or retard
hair growth and will not permanently remove superfluous hair.
The respondent’s preparation, according to findings, is not safe or
non-irritating because under the conditions of use it will irritate
the skin and is likelv to cause severe dermatitis and chemical burns.
(3663)

Coiisoliilated Book Publishers, Iiie., 537 Dearborn St., Chi¬
cago, has been ordered to cease and desist from making misleading
representations concerning its “Standard American Encyclopedia”
and “Universal Dictionary of the English Language,” which, ac¬
cording to findings, have been sold to newspapers and motion pic¬
ture theaters for use as premiums to stimulate circulation or
attendance, and to news agencies, the trade, and to retailers for
sale to the public.

Commission findings are that the respondent represented in adver¬
tisements circulated in various States that the Standard American
Encyclopedia is available to the public at a low price only because
of its sponsorship by the American Home Library Foundation, rep¬
resented as being a beneficent and educational institution. How¬
ever, the findings relate that the American Home Library Founda¬
tion did not represent an organization of the type claimed, but was
an affiliate corporation cooperating with the respondent in the sale
of the encyclopedia for a profit, and that its activities did not
lower the price of the books.

The Commission order prohibits the respondent from making
such representations and further directs it to cease advertising that
the encyclopedia is a “Giant” home reference library; that the
editorial cost of its production was a million dollars; that the
supply is limited and that the “de luxe” edition’s binding is made
of anything other than imitation leather.

The order further directs the respondent to discontinue repre¬
senting that the Universal Dictionary of the English Language is
new throughout or is anything other than an American publication
of a dictionary first published in England in 1932 under the same
name by another publisher except for specified changes which, in
fact, were made.

LTnder the order the respondent also is prohibited from repre¬
senting that the definitions of the words or phrases of the 1932
edition of the dictionary have been newly written or rewritten ;
that 12 years or any longer period than was actually required was
needed to prepare the dictionary for publication and in publish¬
ing the first edition, and that Oxford University or any such edu¬
cational institution sponsored or contributed in any way to its
publication. (4440)

Electrical Laboratories Co., Inc., 49 East 21st St., New York,
manufacturer of aerial eliminators, antennae and other devices for
use in connection with radio receiving sets, has been ordered to
cease and desist from misrepresentations in the sale of its “Walco
Aerial Eliminator” or “Dynamic Antenna.”

The Commission order directs the respondent to cease advertis¬
ing that its device improves selectivity and tone, gives volume
and distance equal to outdoor aerials and with better selectivity,
and ends all dangers of lightning, storms, and short circuits, except
insofar as these dangers may be due to the maintenance of an out¬
side aerial.

Under the order, the respondent corporation also is prohibited
from representing that its device eliminates clicks and noises result¬
ing from wind and rain, except insofar as these may be due to the
physical movement of an outside aerial resulting from such causes.

Commission findings are that the selectivity of receiving sets is
dependent upon design, quality, workmanship, and other factors,
and is not improved by the use of the respondent’s device in place
of an outdoor aerial. (3707)

Erie Laboratories, Ine. — A Cleveland group has been ordered
to cease disseminating false advertisements in the sale of a medicinal
preparation known as “Mrs. Bee Femo Caps” and as “Femo Caps,”
and “Bee Caps,” The respondents are: Erie Laboratories Inc.,
also trading as Mack Pharmacal Co., Allied Pharmacal Co., also
trading as Erie Laboratories, Inc., and Melvin Rose, David F.
Berland, and Rosen Kotenburg, officers and directors of Allied
Pharmacal Co., all of 2108 Payne Ave., Cleveland.

The Commission order directs the respondents to cease and desist
from disseminating advertisements which represent that their
preparation is an effective treatment for delayed menstruation and
is safe or harmless, or which fail to reveal that use of the product
may cause gastro-intestinal disturbances and excessive congestion
and hemorrhage of the pelvic organs or other serious injury to
health. (4282)

Trmleau Candies, Ine., 287 East 6th Street, St. Paul, Minn.,
has been ordered to cease and desist from selling or otherwise dis¬
posing of any merchandise by means of a game of chance, gift
enterprise, or lottery scheme.

April 4, 1941 — 327

The Commission order further directs the respondent to cease
and desist from supplying to others candy or any other merchandise,
together with punch boards, push or pull cards or other lottery
devices, or from supplying such devices, either with assortments of
candy or other merchandise or separately, which devices may be
used in selling or distributing such merchandise to the public.
(4376)

STIPULATIONS

The Commission has entered into the following stipula¬
tions;

Hniitross lircttliers — George Boutross, trading as Boutross
Brothers, 320 Fifth .^ve., New York, importer, has entered into a
stipulation in which he agrees to cease employing the word “Tus-
canny” or the letters “Tusc.” or any simulafion of the word Tus¬
cany as descriptive of articles not actually made in the Italian
district or province of Tuscany of linen thread. The stipulation
points out that true Tuscany lace is a hand-made fillet lace of grape
design produced from linen thread in the Tuscany district of
province of Italy. The respondent also stipulates that he will cease
using the word “manufacturers” or any word of similar implica¬
tion on his stationery or printed matter so as to imply that he
manufactures the articles he sells, or owns and controls the plant
in which they arc iiroduced. (30.S3)

.John H. IJrecIi, IiU'., Springfield, Mass., entered into a stipula¬
tion in which it agrees to cease making certain representations in
the sale of medicinal jircparations or cosmetics known as “Breck’s
Hair Tonic”, designated by the number 1.^, IB, or 3, “Breck’s
Lather-Oil pH8 Shampoo”, “Breck’s Special Scalp Cream”, “Breck’s
No. 1 Hair Cream”, “Breck’s No. 2 Hair Cream”, and “Breck’s
Ointment.”

The respondent corporation agrees to desist from advertising,
directly or by implication, or by pictorial illustration or otherwise,
that any of its medicinal preparations or cosmetics, whether used
alone or in combination with any other product, is a departure
from other systems of treatment for the alleviation of hair and
scalp troubles, or is a competent treatment or effective remedy for
eczema of the scalp, psoriasis, alopecia areata, or for headache,
troublesome monthly periods, or sick stomach.

Under its stipulation, the respondent further agrees to cease rep¬
resenting, among other things, that, any of its products is an effec¬
tive remedy for adhesions or that it will bring about a normal con¬
dition of the scalp connective muscles; will cause hair to grow,
save the old hair, stop or prevent falling hair or atrophy of the
hair or the excessive loss of hair; I hat any such product will start
or encourage new growth, quicken the growth of hair or delay the
graying of hair; or will prevent the loss of hair following erysipelas,
scarlet fever, and other diseases, or conditions, or restore or aid in
restoring hair w'here the loss is due to such causes. (027.'!7)

Ford. T. Hopkins & Son — Ferd. T. Hopkins, trading as Ferd. T.
Hopkins & Son, 430 Lafayette St., New' York, has entcrcfl into a
stipulation in which he agrees to cease advertising that “Mother-
sill’s Seasick Remedy” will prevent or stop travel sickness or that
it will assure travel comfort. The respondent’s stipulation relates
that while this preparation may help to overcome some symptoms
of travel sickness, it cannot be relied upon to stop or prevent them,
nor to assure travel comfort. (0275,S)

.1. L. Hopkins & Co., Inc.. 220 Broadway, New York, has
entered into a stipulation in which it agrees to cease representing
that its product “Red-Rat-Squil” will kill rodents other than rats
and mice and is the surest and most satisfactory way to destroy
rats and mice; that it w'ill check obnoxious odors; that tests of the
product guarantee uniformity of toxic strength, anrl that baits
mixed with the preiiaration and exposed to the air will not, over a
[jrolracted jjeriod of time, become rancid. .According to the stip¬
ulation, the use of the respondent’s products will not accomplish
the results claimed. (02758)

iMacl'addcn Hook Co., Inc., 205 Fast 42nd St., New York, en¬
tered into a stipulation in which it agrees to cease rei)resenting that

328 — April 4, 1941

the book “Hair Culture”, which it sells, contains methods, advice,
or instructions which, when observed and applied, will prevent, cor¬
rect the cause of, or cure, baldness, dandruff, brittleness, split hair
or graying hair; will prevent or stop falling hair w'here such condi¬
tion is not caused by improper scalp hygiene, or will increase the
strength of the hair. (02756)

Moderno Company — Mariano Pollina, formerly in the business
of distributing health food products at 16 West 22nd St., New
York, under the trade names Vimm Wheat Germ Products Co. and
Moderno Co., entered into a stipulation that he would not make
certain representations concerning the products should he ever re¬
sume advertising or selling them.

The respondent Pollina asserted in his stipulation that he had
sold his interest in the two trade names and the food products to a
corporation which is now operating.

Under his stipulation, the respondent Pollina agrees that should
he ever resume the advertisement and sale of the products, he will
not represent, directly or by implication, among other things, that
the product “Vimm’s Wheat Germ Oil Capsules” will assure good
health, and will normalize, strengthen, revive or prolong reproduc¬
tive functions; that "Fortified Palm-Co” will prevent tooth decay,
premature aging, nervousness or acidity, and is essential for grow¬
ing children and pregnant women; that “Plain Palm-Co” assures
digestive vigor, is a perfect natural food containing the greatest
possible concentration of vital, health-forming elements in digestible
form; and that “Vimm’s Whole Wheat Germ” is the world’s richest
natural source of Vitamins B, E, and G, a good source of Vitamins
A and C, and is concentrated with iron, copper, potassium, mag¬
nesium and manganese or any of these elements. (02754)

Pioneer Mamifaetiiring Co., 3053 East 87th St., Cleveland,
stipulated that it will cease representing its product “KO” (Kills
Odor) as meeting all the requirements for a perfect or ideal disin¬
fectant. The respondent corporation also agrees to desist from the
representation that its preparation will kill all forms of germs in
30 minutes or that it is effective for killing germs suspended in the
air. (3052)

William Gansoii Rose, Inc., 522 Terminal Tower, Cleveland,
an advertising agency, stipulated that it will cease certain rep¬
resentations in the advertisement of “Rahnous Capsules” and
“Rahnous Nasal Drops” on behalf of the distributor of those prep¬
arations, E. W. Rahn, Cleveland.

The respondent agency agrees to cease disseminating advertise¬
ments of Rahnous Capsules, Rahnous Nasal Drops No. 1, and Rah¬
nous Nasal Drops No. 2, which represent that these products, alone
or in combination, are an effective remedy, cure or preventive of
colds or catarrh or that they are a competent treatment in excess
of affording temporary relief from fhe symptoms and discomforts
associated with such condition.

The respondent agency also agrees to cease advertising that by
use of the preparations, alone or in combination, one wall never be
bothered with colds or will be enabled to forget colds, and that
Rahnous Capsules are of aid in building body resistance or that
they regulate the body. (02753)

W. F. Young, Iiie., Springfield, Mass., has entered into a stipu¬
lation in which it agrees to cease making certain representations
in fhe sale of the medicinal preparation “Absorbine, Jr.”

The respondent corporation agrees to cease advertising that
.Vbsorbine, Jr. kills the fungi of athlete’s foot so as to represent
that it kills such fungi as are buried beneath the corneous layer
of the skin. The respondent also stipulates that it will desist
from the representation that the product has any effect upon
tissues deeper than those supplied by the peripheral vascular
system or that accepted laboratory tests have inoved that it
achieves such results.

.According to the stipulation, while it is contended that the
respondent’s irrepuration kills the fungi of athlete’s foot on con¬
tact, such fungi, during certain stages of development, are buried
beneath the corneous layer of the unbroken skin and are then
inaccessible to the product. The product has no effect on the
tissues other than upon the peripheral vascular tissue structure,
according to the sti|)ulation. (02759)

FTC DISMISSES COMPLAINTS

Page

The Federal Trade Commission dismissed a complaint issued
last November against VV. Hillyer Ragsdale, Inc., 307 North Wal¬
nut St., East Orange, N. J., charging misrepresentation in the
sale of a course of instruction intended to teach students the
business of manufacturing candy in the home, and in the sale
of certain supplies required in candy manufacture. Dismissal
was ordered because the respondent's State charter of incorporation
in New Jersey had been forfeited for non-payment of ta.xes and
the respondent corporation was not extant when the complaint
was issued and served.

T he Commission has also dismissed a complaint charging Moskin
Stores, Inc., 370 Seventh Ave., New York, operator of a chain of
retail stores, wdth violation of the Federal Trade Commission Act
in the sale of wearing apparel.

The Commission order states that it appears that the charges
in the complaint are not sustained by the evidence.

March Index

Page

Aluminum Discs . 265

ASCAP 215-255

Broadcasters, ASCAP Meet 255

Court Approves ASCAP Decree 215

Broadcast Advertising Unit Report — December 1940 277
Broadcast Music, Inc. 220-237-260-293

Album for Orchestras 220

BMI Wins in Open Market 260

Bats High for Week 263

Boy of the Month 243

Broadcasters, ASCAP Meet 255

Continuity Head Does Air Show 220

Demand for BMI’s Music 244

Famous Composer Signs BMI Contract 238

Feature Tunes 221-238-263-295

Gets Song from Flarvard Show 221

Gives Taverns a Theme Song 294

Heads for New Year 263

Heartbreak for Holland . 237

Kay Gets Captain’s Hat . 295

Leads on Two-License Stations . 222

Longfellow Music by Merriman . 264

Marks Sets Record for Network Performance 263

Music Available for National Defense 293

Music Holds Popularity Lead 294

New BMI Representatives 238

New Movie Takes BMI Song as Feature 294

Phonograph Operators Plug BMI Tunes 295

Sears’ Sv/eet Swing 264

Smile of the Irish 237

Trick Horses Like BMI 244

Two Districts Pledge Unanimous Support 220

Broadcasters Insist Radio Must Be Free 293

Code Rulings 245

“Editor and Publisher” Condemns Attack on Radio 297
Federal Communications Commission 226-246-266-301

Armstrong Receives FM Grant 226

Bible School Application 267

Broadcast Measurements 268

Broadcast Rule Amended 226

Commission Assignments . 226

Defense Listening Posts 268

Fly Discusses Network Report 267

FM Authorization 247

FM Rules Amended 265

FM Service Proposed 247

Mexico Approves Agreement 302

Monopoly Report 226-246-267

Musical Pitch Broadcast 268

New Licenses 301

Newspaper Ownership Questioned 255

Notice to FM Stations 266

Notice to Licensees . 302

Federal Communications Commission — Continued

Primer 302

Proposed Jacksonville Decision 302

Proposed Puerto Rican Broadcast Grant 226

Proposed WHDH Decision 302

Reallocation 267

Senate Committee Favors Wakefield 246

Wakefield Confirmed 266

Wakefield New Commissioner 215

Frequency Modulation 226-247-266-301

Armstrong Gives War Department Use of FM
Patents 301

Armstrong Receives FM Grant 226

Authorization 247

Notice to FM Stations 266

Rules Amended 266

Service Proposed 247

Labor 224-246-296

Arnold Issues Statement Saying He Will Prose¬
cute James C. Petrillo 224

Court Upholds Wage and Hour Division on
Overtime 296

Exempt Work 224

Labor Board Orders 246

“Make Work” Systems to Be Prosecuted by
Justice Department 224

Legislation 225-246-265-301

Danaher Amendment 246

Delav/are Blue Law Case 246

Federal Legislation 225-246-266

No Censorship 225

Oregon Libel Law 265

Senate Committee Favors Wakefield 246

State Legislation 225-246-266-301

NAB 237-244-265-295

Amendment of By-Laws 244

Board Meets March 17-18 237

Code Rulings 245

Convention 225-260-295

Early Arrangements Advised 295

Golf Tournament 260

Hotel Reservations 260

Program 260

Promotion Exhibit 260-295

Reservations 225

District Meetings 223-245-265-300

Insurance Committee 245

Sales Managers 223-244-265

District Meetings 223-265

District 4 223

District 15 265

Sales Managers Lay Plans 244

N. Y. Sales Managers . 265

National Defense 215

National Tuberculosis Association 246

Newspaper Ownership Questioned 255

Peruvian Good Will 225

Reallocation 217-239-257-296

Promotion Time Table . 240

Sales 244-256-261

Agency Contract Form 222-244-256-261

Cost-Per-Inquiry 222-244-300

Better 'Vision Institute 222

Book-of-the-Month Club 222

Driver & Company 244

Duensing & Company 300

God Bless America Key Tag Company 222

House of Dubonay 244

Norman B. Furman, Incorporated 244

Two Creek Ranch 244

Pellegrin Heads New NAB Broadcast Adver¬
tising Department 222

Sales Managers Lay Plans 244

Urban Survey Publication 244

Set Production Record 225

Stop the Press! 224

Stop Watches 225

Television Hearing 298

April 4, 1941 — 329

I

(

I

r

I

I

1626 K STREET, N. W.

WASHINGTON, D. C.

Vol. 9, No. 15, April 11, 1941

THE WEEK IN WASHINGTON

My Sister and I, new BMI tune, is headed toward be¬
coming an outstanding hit of 1941. Twelve of the most-
played tunes on the networks are BMI’s own. (p. 332)
Isaac Levy, WC4U, and J. H. Ryan, WSPD, were
elected to the NAB Board of Directors for 1941-43 at
recent district meetings, (p. 333)

The NAB advises members to comply with Secretary
Knox’ request about broadcasting information as to the
arrival and departure of British warships, (p. 334)
District 4 sales managers met in Raleigh, N. C., where
special merchandising demands from advertisers was the
chief topic of discussion, (p. 334)

Advertisers were impressed by the industry’s promo¬
tion in connection with frequency allocation, (p. 335)

A conference to study interference has been slated for
May 10 at the University of Illinois, (p. 336)

The FCC issued a number of orders in connection with
FM construction and operation. Gerald C. Gross was
appointed assistant chief engineer at the FCC to succeed
Andrew D. Ring. The FCC ordered a hearing on com¬
munications problems in the Gulf Coast area. (p. 337)

NAB Convention

REGISTRATION FEE

.As in past years the registration fee for the conven¬
tion will again be $10. This fee will cover luncheon and
banquet tickets. Ladies registration fee will be the cus¬
tomary $5. Although each year the convention luncheons
and banquet are becoming more and more attractive, it
has been found possible to maintain the modest registra¬
tion fees above noted.

PROMOTIONAL DISPLAY AND EXHIBITS

The display of promotional material by the various
stations is attracting widespread attention. A most com¬
plete showing of material from stations of all sizes is
assured. The Crystal Room immediately adjoining the
Ivory Room of the Jefferson Hotel in which the business
sessions will be held, has been assigned for this exhibit.
Many stations have indicated a desire to display motion
pictures, for which a special room and facilities have been
provided.

The associate members are now planning their exhibits
which will be held in private rooms throughout the hotel.
Most of the transcription companies, as well as many
equipment manufacturers, now an integral part of N.4B
through associate membership, will be on hand.

GOLF TOURNAMENT

The golf tournament which is to be held on Monday
afternoon, IMay 12, is assured of a splendid entry list.
Robert Richardson, Jr., KWK and J. Roy Stockton,
KSD, who constitute the St. Louis committee on arrange¬
ments have perfected their plans and everything indicates
a rousing and interesting tournament. In addition to
the trophy provided by Broadcasting magazine, addi¬
tional prizes will be awarded the successful contest¬
ants. The tournament has been so set as to time so as
not to interfere with any of the business or committee
sessions.

LADIES INVITED

The St. Louis broadcasters, cooperating with the Con¬
vention and Publicity Bureau of St. Louis, are making
plans for the proper entertainment of all ladies who at¬
tend the convention. The exact nature of these plans is

(Continued on page 332)

You Can’t Afford to Miss the NAB Convention

May 12, 13, 14, 15

New Jefferson Hotel * St. Louis

April 11, 1941 — 331

tiltO^ D CA?ST E H S

1626 K St., N. W.

WASHINGTON

Phone NAtional 2080

Neville Miller, President C. E. Arney, Jr., Assistant to President

Edward M. Kirby, Director of Public Relations ; Joseph L. Miller,
Director of Labor Relations ; Frank E. Pellegrin, Director of
Broadcast Advertising ; Paul F. Peter, Director of Research ;
Russell P. Place, Counsel; Lynne C. Smeby, Director of Engineering

NAB CONVENTION
( Continued from page 331)

not yet ready for disclosure but suffice it to say that they
will be most interestingly entertained throughout the con¬
vention.

NON-MEMBER STATIONS

NAB member stations are urged to extend a cordial
invitation to the officials of non-member NAB stations to
be present at the convention in St. Louis. While this is
an NAB convention, it is the meeting at which the industry
discusses important policies and the more broadcasters
present, the better. Then too, attendance at the conven¬
tion may encourage membership. Be sure to invite all
broadcasters.

BMI

NEW BMI SONG MAKES HIT

My Sister and /, the song based on the best-selling
book by the same title, is rapidly fulfilling the predictions
that it would become one of the outstanding hits of 1941.
It is being featured by Jimmy Dorsey and his orchestra
in the stage show at the Strand Theatre in New York
beginning April 11, with Ray Eberle singing the words
which were inspired by the diary of the twelve-year-old
Dutch refugee. During the same week Don Baker, or¬
ganist at New York’s Paramount Theatre, will make a
special feature of the number with Sydney Lane singing.
Joan Whitney, one of the writers of the song, will sing
it in Wheeling, West Virginia, at a British War Relief
concert to which she is giving her services along with
Madeleine Carroll, Boake Carter, and other famous figures
of the radio and entertainment world. Two days later,
on April 27, Miss Whitney will sing the song on the
Wheeling Steel program over the network of the Mutual
Broadcasting System.

Phonograph records of the song by Bob Chester, Benny
Goodman, Dick Jurgens, and Bea Wain have already been
released. One by Leo Reisman is to be released within
the week and four more are scheduled for the near future.

'I'he song is the work of Miss Whitney, Alex Kramer,

332 — April 11, 1941

BMI FEATURE TUNES
April 14-21

1. WALKIN’ BY THE RIVER

2. WISE OLD OWL, THE

3. MY SISTER AND I

4. FRIENDLY TAVERN POLKA

5. G’BYE NOW

6. WHAT D’YA HEAR FROM YOUR HEART

7. HIGH ON A WINDY HILL

8. YOU WALK BY

9. HERE’S MY HEART

10. IT ALL COMES BACK TO ME NOW

11. MAY I NEVER LOVE AGAIN

12. LOAFING ON A LAZY DAY

13. TALKING TO THE WIND

14. BREAKFAST FOR TWO

15. WITH A TWIST OF THE WRIST

16. WHERE’S THE CAPTAIN’S HAT

and Hy Zaret, writers of So You’re the One, It All Comes
Back to Me Now, and numerous other BMI hits. Miss
Whitney and Mr. Kramer also wrote High on a Windy
Hill and Mr. Zaret did the lyrics for There I Go.

DEMAND FOR BMI MUSIC

In its issue for December 4, 1940 Variety dropped the
box in which for years it had listed the tunes most played
on the air, with an announcement that the box would be
omitted “until the music situation is settled one way or
the other, as between ASCAP and BMI . . . Variety will
resume publication of ‘Most Played’ recaps as soon as
something like comparative focus is possible.”

With its issue of April 9th Variety resumes its box with
the following comment: “Dropped for some months, per¬
sistent trade demand prompted resumption of the plug’s
breakdown even though ASCAP tunes obviously can’t be
logged.” On the list for this week there are twenty-seven
numbers headed by You Walk By, with Georgia on My
Mind and It All Comes Back to Me Now pressing close
in second and third places respectively. Of the total
list, twelve numbers are BMPs own publications; six
are Marks; four are Southern; and Campbell, Warren,
Embassy, Stevens, and Porgie have one each.

Billboard also discontinued its plug list for a short time
but quickly resumed it in response to demands. The
Billboard list, compiled from a somewhat more restricted
number of hours and calculated for the week ending
Thursday instead of the week ending Sunday, lists twenty
numbers, also headed by You Walk By, and showing nine
BMI publications, four Marks, three Southern, and
one eac^i for Embassy, Melody Lane, Cahpbell, and
Stevens.

On the Billboard list of biggest money makers in the
coin machines, the top six are all published or licensed
by BAIL

Among the fifteen sheet music best sellers Variety shows
ten, Billboard thirteen, from BAII and its affiliated pub¬
lishers.

BMI MUSIC BOOMS “POT O’ GOLD”

BAII is cooperating with the distributors and local
theatres in the promotion of the James Roosevelt motion
picture. Pot O’ Gold, starring James Stewart and Paul¬
ette Goddard and featuring the Horace Heidt band and
Charles Winninger. The BAII tunes — Hi, Cy, What’s a
Cookin’, Pete the Piper, and Broadway Caballero — as an¬
nounced in the distributors’ advance publicity release to
the theatres, “are all the bases of the biggest production
numbers in Pot O’ Gold.” When the picture was being
shown at the Roxy Theatre in New York City the BAII
office put displays advertising both music and picture
not only in the theatre itself but also in various music
shops around the city.

BAII member stations, in towns where the picture is
scheduled, are being given advance notice of the theatre
dates for their localities so that they may have the oppor¬
tunity to feature the BAII numbers from the film in ad¬
vance of its showing. The work which the BMI stations
do in this way to advertise the picture is returned to
BAII through the build-up which the picture gives to
the BAII tunes.

The Horace Heidt record of Broadway Caballero
(backed by Friendly Tavern Polka) has already been
released — Columbia record No. 36006. The Heidt record
of Pete the Piper, Columbia record No. 36053, will be
released within a few days, and a Heidt recording of
Hi, Cy, What’s a Cookin’ is scheduled for the near future.

LULLABY LANE IS ROAD TO SUCCESS

This is no Horatio Alger story. Neither is the theme
“from rags to riches” nor “how to make a million dollars
writing songs.” It concerns two young men. Bob Warren
of Brookline, Alass., and Bob Carleton of New York City,
the writers of No. 10 Lullaby Lane, now among the ten
best-selling songs in the country. You may be hearing it
on the Hit Parade any week now.

To date more than 50,000 copies have been sold by
Bob Warren, working alone from his bachelor apartment
on East 49th Street, New York, far from the melodies
of Tin Pan Alley. Warren does all his own typing, an¬
swers all mail and telephone calls, and hands out profes¬
sional copies and orchestrations of his songs.

Warren, the scion of a weathy family residing in
swanky Brookline, a Boston suburb, came to New A^ork
last spring and in collaboration with Bob Carleton, who
holds a responsible position in a New York bank, wrote

No. 10 Lullaby Lane. The song was offered to several
ASCAP publishers, who for one reason or another passed
it up, the main excuse being that they had too many
songs to exploit from their regular staff writers to give
a newcomer a chance. Fortunately Warren and Carleton
had enough money to finance publication of their own
tune. When an author or songwriter spends his own
money for publication, the results generally are not at all
satisfactory. But this case was different. Warren and
Carleton give full credit to Broadcast Alusic, Inc., through
whose facilities the song was made available to 670 sta¬
tions. Almost immediately after the break between
ASCAP and BAH the song, originally written in an ASCAP
publisher’s office, attained widespread popularity.

No. 10 Lidlaby Lane has already been recorded by such
top-notch orchestras as Eddy Uuchin, Joe Reichman,
Tony Pastor, Guy Lombardo, Tommy Tucker, and the
sensational young vocalist Dinah Shore, now featured on
Eddie Cantor’s network program.

The moral of this story, if any, might well be that
even a rich boy with an idea may be a successful composer
if he keeps everlastingly at it.

District Meetings

DISTRICT 3

Third District broadcasters, embracing stations in
Pennsylvania, New Jersey and Delaware, met at Phila¬
delphia on Alonday, April 7. District Director Clifford
AI. Chafey, WEEU, Reading, presided.

Following a discussion of the music problem and a
presentation of the BMI situation by Carl Haverlin,
station relations manager, the following resolution was
unanimously adopted:

Be It Resolved — That members of the National Association of
Broadcasters of the Third District, in meeting assembled at Phila¬
delphia, Pennsylvania today, hereby affirm our allegiance to Broad¬
cast Music, Incorporated — that we congratulate this corporation
on making possible such a large and complete catalogue of music
which has been so universally accepted by the radio public, as in¬
dicated in surveys. We restate our contention that — to maintain
p. high standard of program service it is imperative that a free
and competitive music market be maintained and that the open-
door policy to opportunity for creative talent of the men and
women, of America be continued and inaugurated by Broadcast
Music, Incorporated — that we will never become a party to any
arrangement which does not definitely assure the continued devel¬
opment and perpetuation of Broadcast Music, Incorporated.

Joseph L. Aliller, NAB Labor Relations Director, dis¬
cussed the labor and Wages and Hours situation. He
was followed by Frank E. Pellegrin, newly appointed
Director of the Department of Broadcast Advertising.
C. E. Arney, Jr., covered other phases of NAB’s activities.

Following the noon luncheon, the election of District
Director for the ensuing two-year term was held and

April 11, 1941 — 333

Isaac Levy, WCAU, Philadelphia, was unanimously
chosen.

The following were present:

James P. Beglev, KYW ; Leonard Kapner, WCAE; Leon Lew,
VVC.\U; A. W. Dannenbaum Jr., WDAS; Clifford M. Chafey,
Robert G. Magee, WEELl ; Roy F. Thompson, WFBG; Roger
Clipp, WEIL; Clair R. McCollough, C. G Moss, J. Robert Gulick,
WGAL; George D. Coleman, R. E. McDowell, VVGBI; Milton
Laughlin, WHAT; A. K, Redmond, WHP; Edward D. Clerf,
WIBG; Benedict Gimbel, Jr., WIP; J. Gorman Walsh, WILM ;
J. C. Tully, WJAC; Melvin Lahr, WKOK, J. C. Burwell, WMBS;
Joseph M. Nassau, WMRF ; Arthur Simon, WPEN ; George E.
Joy, T. W. Metzger, W. V. Person, WRAK; Raymond A. Gaul,
WRAW; B. Bryan Musselman, WSAN ; Howard S. Frazier, WSNJ ;
John Mayo, Associated Music Publishers, Inc.; Carl Haverlin.
BMI; G. L Jones, Graybar Electric Co.; R. C. Wentworth, Pierre
Weis, Lang-Worth Feature Programs, Inc.; Willis B. Parson, NBC
Radio Recording Division; Leonard D. Callahan, SESAC, Inc.;
.Alex Sherwood. Standard Radio; A. B. Sambrook, World Broad¬
casting System; C. E. .Arney, Jr., Joseph L. Miller, and Frank E.
Pellegrin, NAB.

DISTRICT 7

J. H. Ryan, WSPD, Toledo, Ohio, was reelected di¬
rector at a District 7 meeting April 4 in Cincinnati.

Neville Miller and Carl Haverlin, BMI station rela¬
tions director, discussed the music situation at length,
and Senator Burton K. Wheeler, in Cincinnati for an¬
other meeting, told the broadcasters about his opposition
to federal operation of stations.

THE “MALAYA” MATTER

Several weeks ago, Secretary Knox of the Navy De¬
partment, sent out a memorandum to press associations,
newspapers and radio stations, pointing out that British
warships from time to time would be coming to the
United States for repair. He asked that no mention
be made of their arrival or departure.

On Sunday, April 6, H. M. S. Malaya steamed into
New York harbor, a hole in her side, for repairs at the
Brooklyn Navy Yard. Thousands of persons witnessed
her arrival. That night, hundreds of British sailors,
their uniforms designating their ship, were seen on New
York streets.

Some newspapers printed the story. Some did not.
.•\ great deal of discussion of the matter followed in
press and radio quarters.

The next day. Secretary Knox publicly commended
those who did not use the story. .At his Tuesday press
conference. President Roosevelt did the same, and added
that he thought no “censorship” would be needed. On
Wednesday Stephen Early, White House secretary, reit¬
erated that the Government had no intention of estab¬
lishing a domestic press censorship, but emphasized the
fact that James L. Fly, chairman of the Federal Commu¬
nications Commission, was chairman of a committee
studying means of controlling international cable and
radio messages so that defense secrets would not be trans¬
mitted abroad.

d'he matter came up when a reporter asked what value
334 — April 11, 1941

there was in a voluntary suppression by newspapers of
news of the movement of foreign and domestic war
vessels if news about them could be sent abroad by
foreign agents legitimately in this country. Outright
censorship of cablegrams, radiograms and mail going
abroad is widely expected in case this country becomes
involved in war.

Air. Early remarked that there was one point he
wished that President Roosevelt had mentioned yester¬
day. Some newspapers. Air. Early said, called the pres¬
ent voluntary system an imposed censorship, whereas
“it is an attempt to avoid a censorship.”

“Doesn’t that imply that if the voluntary system is
not followed a formal censorship will be imposed?” a
reporter asked.

“This will work out on voluntary grounds,’’ Air. Early
answered. “It has got to work out on voluntary grounds.
W'e don’t want censorship; the newspapers don’t want
censorship; the President doesn’t want it, I don’t want
it and Lowell Alellett (director of the Office of Govern¬
ment Reports) doesn’t want it.”

Air. Early said that the situation which grew out of
the publication by some newspapers of the recent ar¬
rival in New York of a British battleship had a certain
“educational” value. Newspapers would suppress such
news voluntarily, he felt sure.

“Ships are not going inland,” he remarked. “All you
have to do is educate the newspapers along the coast and
the press associations. If you do that, and I think it
can be done on a voluntary basis, you have no problem.”

The NAB is of the opinion that broadcasting stations
should respect Secretary Knox’ request.

Sales

FOURTH DISTRICT SALES MANAGERS

Increasing demands by advertisers for special mer¬
chandising services, and the possibility of establishing
standards of merchandising practice for NAB stations
highlighted the meeting of the Sales Alanagers’ Division
of the Fourth District, held Alarch 28 at Raleigh, N. C.

By unanimous vote, delegates agreed to file with Chair¬
man J. H. Field, Jr., a list of merchandising services made
available to advertisers by each station, as a first approach
to the problem. In this study it was urged that each sta¬
tion differentiate between “merchandising” and “station
promotion”, the latter to include those activities designed
to publicize the station itself.

A later resolution, failing of unanimity by one vote,
provided “that the Fourth District request that the NAB
take the position that merchandising policies should oc¬
cupy the same ethical position as other services offered

on the rate card, and that this policy should be made
available in printed form by each individual station and
adhered to.”

The case for smaller stations was presented by John
Thayer of WWNC, who pointed out that competition
with larger stations sometimes necessitated extra mer¬
chandising efforts. Several delegates took issue with the
practicability of establishing rigid standards, but it was
generally agreed that serious steps must be taken to curb
the increasing demands on the part of agencies buying
national spots.

Principal luncheon speaker was E. N. Pope, advertising
manager of the Carolina Power and Light Company, who
discussed power for industry and national defense.

Other topics discussed included an inter-station pro¬
gram and idea exchange and various commercial program
ideas. Manager Richard Mason of WPTF and Chairman
Field were hosts to the group at luncheon.

Others attending were Barron Howard, WRVA, Rich¬
mond; Henry Nigrelli, Graham Poyner, Richard Mason
and Ollie Carpenter, WPTF, Raleigh; John E. Thayer,
WWNC, Asheville; W. C. Irwin, WSOC, Charlotte; Har¬
old Essex, WSJS, Winston-Salem; E. S. Whitlock,
WRNL, Richmond; John Moorhead and Knox Massey,
Harvey-Massengale Co.; Frank Jarman and Lewis Brown,
WDNC, Durham; Royal Penny, WBT, Charlotte; E. E.
Reed, Carolina Sales Co.; Dudley Saumenig, WIS, Col¬
umbia; Leslie H. Peard, Jr., WBAL, Baltimore; Frank
M. Stearns, WRAL, Raleigh; Pat Taylor, WMFR, High
Point; E. N. Pope, Carolina Power & Light Co.; Bert
Hanauer and Robert S. Maslin, WFBR, Baltimore; John
New and Travis Barnes, WTAR, Norfolk, and John H.
Dodge, WRC-WMAL, Washington.

ADVERTISER THREATENS SUIT

An object lesson in why NAB member stations should
refuse to enter into per-inquiry or contingent deals with
advertisers is shown by a recent exchange of correspond¬
ence between one member station and an advertiser, the
Mendenhall IManufacturing Co., whose request for per-
inquiry deals had received previous publicity in NAB
Reports.

The station believed it had a straight card-rate con¬
tract and carried the announcements. The advertiser
paid for the first four “test” announcements, but because
returns did not meet the inquiry cost he set, refused fur¬
ther payment and wrote the station as follows:

“I will demand that you make correct and recall your
letter to the National Association of Broadcasters, and I
contend that I do not owe you anything. The agreement
was that you were to pull 4 returns for every dollar or
cancel the announcements promptly.

“You can either do the above or the matter will go to

my attorney, and I will enter suit against you for dam¬
ages. . . .”

k’nless all stations cooperate in presenting a united
front to advertisers such as the above, they encourage
such practices in the future on the- part of others. This
again emphasizes the need for a uniform policy on the
part of stations with respect to this type of business.

PER-INQUIRY OFFER

Made by Rogers & Smith Advertising Agency, Chicago,
on behalf of an unnamed nursery account.

That agencies and advertisers are becoming increas¬
ingly aware of the attitude of NAB member stations to¬
wards deals of this kind may be indicated by a statement
in the Rogers & Smith letter: “All matters pertaining to
any agreement that we may reach will be held in strictest
confidence.” It is the opinion of the NAB Department
of Broadcast Advertising that legitimate advertising pro¬
posals can afford to stand the light of day.

We have written this advertiser assuring him that radio,
when properly used, is an effective advertising medium
and can be profitably purchased at regular card rates,
and we have invited him to use it on that basis.

COOPERATIVE ADVERTISING APPROVED

Dealer-cooperative advertising has been approved in
the rayon yarn field by the American Bemberg Corpora¬
tion, under a plan whereby the company will contribute
one cent per pound for the promotion of Bemberg rayon
provided weavers or dealers contribute an equal amount
for 50-50 promotion.

Cooperative advertising in the rayon field was discon¬
tinued several years ago because of abuses of advertising
allowances. This action by the Bemberg company is
expected to restore this type of revenue to radio and
other media, and it is likely that the plan will be later
expanded to include other fabrics.

Promotion

“56 DAYS” SUCCESSFUL

The twelve-page brochure, “56 Days,” mailed all sta¬
tions and agencies, has apparently done the job for which
it was intended. Its purpose was to reassure agencies
and their clients by pointing out the vast amount of pro¬
motion and education which stations sponsored in order
to move listeners to new dial positions.

The net result of station activity was as prophesied —
listeners were successfully moved and listening increased.

It will be some time before all the push-button sets

April 11, 1941 — 335

are changed over and stations are urged to keep telling
listeners to have this job done by their servicemen.

PUBLIC RELATIONS JOB

Otherwise listeners will frequently or infrequently for¬
get their manual tuning, push a button and get a wrong
station. This in turn will cause a momentary outburst
of indignation, unfortunately not against the forgetful
listener, but against the station.

Getting all push buttons changed is a public relations
job of the first magnitude.

Things which make “56 Days” a mighty under-state¬
ment of industry effort are typified by letters and en¬
closures from stations.

WJTN, for example, sent full page tear sheets from
the Jamestown (N. Y.) Post and the Jamestown Evening
Journal. WSB, Atlanta, sent a package of tear sheet
advertising copy from the Atlanta Journal.

Craig Rogers, publicity director, KYDL, on behalf of
all the stations in Utah, wrote that committees from all
stations held conferences and mapped out the campaign
that was to inform the radio public of the change-over.
It was so complete, he said, that a telephone survey
throughout the State indicates that all listeners are
happily moved.

W. H. Summerville, general manager, WWL, New Or¬
leans, distributed, on April 7, a brochure which illus¬
trated promotion undertaken by that station throughout
its entire service area.

THE MORAL

“The moral of it is,” said Edney Ridge, director,
WBIG, Greensboro, N. C., “that if a blind hog keeps
on rooting he is obliged to get an acorn occasionally!”
The Major’s observation is the result of his being notified
by Billboard that WBIG had been awarded third place
in the magazine’s fourth annual exploitation survey.

Engineering

INTERFERENCE CONFERENCE

A conference for the purpose of discussing interference
to the reception of radio broadcasting signals has been
scheduled by the University of Illinois at Urbana on
May 10, 1941.

The conference will be conducted under the manage¬
ment of A. James Ebel, chief engineer of the University’s
broadcast station, WILL. The one-day conference will
be opened with a word of welcome from President A. C.
Willard of the university. Closing the conference will
be a banquet at which Dr. L. P. Wheeler of the FCC

will address the members of the conference on the sub¬
ject “The Commission’s Place In The Interference Prob¬
lem.” The balance of the program is as follows:

The Generation of Combination Frequencies In A
Non-Linear Element, Professor H. J. Reich, University of
Illinois; Multiple Response In Receivers In Strong Radio
Frequency Fields, R. M. Planck, Radio Manufacturing
Engineers; Panel Discussion on Amateur-Broadcast Inter¬
ference, Larry Bargarrye, W9Q1, a radio amateur, and
Ted Giles, WMBD, a broadcast engineer; A Message
From the National Association of Broadcasters, Lynne
C. Smeby, Director of Engineering, NAB; Detection and
Analysis of Damped Wave Radio Interference, Leon
Podolsky, Sprague Products Company; Case Histories
in Interference Trouble Shooting and Public Relations
in Interference Work, Professor M. A. Faucett, Univer¬
sity of Illinois and Representatives of Public Service
Companies; Interference Reducing Antenna Systems,
Alfred Crossley and Nickolas Hogenbirk, Belden Manu¬
facturing Company; The Design and Adjustment of
Transmitters to Eliminate Spurious Radiations, Dana
Pratt, RCA Manufacturing Company.

The date of the conference falls on the Saturday be¬
fore the opening of the NAB Annual Convention in
St. Louis and therefore, a stop-over in Urbana on the
way to the convention, will allow attendance at this
important conference.

A registration fee will not be charged for the confer¬
ence and it has been announced that the price of the
banquet tickets will be nominal. For further details and
registration, communicate with A. James Ebel, Radio
Station WILL, University of Illinois, Urbana, Illinois.

WEATHER STATIONS

Modern developments in the field of radio transmission
have made it possible to devise an automatic weather
station capable of unattended operation for periods up to
one month — and possibly three months in the future — at
isolated locations, such as mountains and islands, ac¬
cording to the Department of Commerce.

The Aerological Division of the Bureau of Aeronautics,
Navy Department, pioneered in this field. To meet the
requirements of the Navy aerologists, the National Bu¬
reau of Standards, Department of Commerce, developed
an ingenious but simple transmitting apparatus for use
in such stations.

The automatic radio weather station is an outgrowth
of the radio-sonde used for making weather measure¬
ments at stratospheric altitudes and now in general and
successful daily operation. The radio-sonde also was
developed by the Bureau of Standards, in cooperation
with the Navy and the Weather Bureau.

For years weather measurements have been made and
transmitted automatically by the use of wire lines and

336— April 11, 1941

received and interpreted at central and field stations. The
new mechanism worked out for the Navy represents a
modification of methods already devised for wire lines
to accommodate their use to radio and make them more
adaptable to radio technique.

An automatic weather station may be equipped to
make and transmit measurements of barometric pressure,
ambient temperature and relative humidity, wind velocity
and direction, rainfall, and probably other factors.

Each of the measurements noted may be indicated at a
remote point by radio through the simple process of con¬
verting the deflection of the measuring instrument into
a corresponding variation of electrical resistance and
translating the resistance variation into the variation of
a modulation frequency on the emitted carrier wave.

Such a station permits the use of standard radio trans¬
mitting and receiving equipment and of standard weather
instruments with but slight modification. The modula¬
tion and control equipment, however, is special.

FEDERAL LEGISLATION

HOUSE

H. R. 4206 (Keogh, D-N. Y.) D.WLIGHT S.4VING TIME—
To provide daylight saving between the last Sunday in .\pril and
the last Sunday in October in each year. Referred to Committee
on Interstate and Foreign Commerce.

STATE LEGISLATION

Nebraska:

Bill No. 504 (Bevins) STATE EMPLOYMENT AGENCY—
To amend Sec. 48-604 C. S. Supp., 1939, relating to labor and the
establishment of rules for the commissioner of labor in referring
employees to certain organizations for employment.

Pennsylvania:

H. 1127 (Corrig.an) employment AGENCIES— Providing
for the registration and licensing of employment agencies ; provid¬
ing for suspension and revocation of licenses and reinstatement
after appeal ; providing penalties and repealing existing laws. Re¬
ferred to Committee on State Government.

Rhode Island:

H. 852 (Morgan) OPTOMETRISTS AND OPTICL\NS—
.4mending sections 1, 2, 3, 5, 9, 11, 12 and 13 of chapter 277 of
the general laws of 1938, entitled “Licensing and regulation of
optometrists and opticians,” as amended. Referred to Committee
on Finance.

FEDERAL COMMUNICATIONS
COMMISSION

The FCC has announced that various applications by
newspaper interests for FM (Frequency Modulation)
authorizations have, pursuant to Order No. 79 and re¬
lated announcements, been acted upon as follows:

Gordon Gray, Winston-Salem, N. C. — Ordered issuance of con¬
struction permit under the last proviso of Order No. 79, upon
finding that public interest, convenience and necessity will be
served by construction at this time.

South Bend Tribune, South Bend, Ind. — Ordered issuance of
construction permit with condition that no construction facilities
shall be undertaken or completed until the Commission has acted
on the general newspaper-ownership question.

Evening News .4ssn., Detroit, Mich. — Like action.

Milwaukee Journal, Milwaukee, Wis, — Like action.

Walker & Downing Radio Corp., Pittsburgh, Pa, — Like action.

Baton Rouge Broadcasting Co., Baton Rouge, La. — Like action.

WBNS, Inc., Columbus, Ohio. — Like action.

WGN, Inc., Chicago, Ill. — Placed in pending file, application
for modification of construction permit previously granted.

Rockford Broadcasters, Inc., Rockford, Ill. — Like action.

The foregoing action was without prejudice to the provision
in Order 79 that new'spaper interests whose applications for F’M
stations had already been acted upon could come in and make a
special showing that they should be allow’ed to go ahead im¬
mediately.

A. S. .\bell Co,, Baltimore, Md. — Placed in pending file, appli¬
cation for construction permit to cover 6,040 square miles on
46,300 kilocycles.

Mercer Broadcasting Co„ Near Trenton, N. J. — Placed in pend¬
ing file, application for construction permit to cover 3,200 square
miles on 44,700 kilocycles.

News Syndicate Co., Inc., New York, N. Y. — Placed in pending
file, application for construction permit to cover 8,500 square
miles on 44,700 kilocycles.

The Commission also granted special temporary authorization
to the Milwaukee Journal to operate commercially for a period
of 60 days its FM experimental station. The grant w'as made
subject to any rules and regulations which might later i)e adopted
by the Commission in the newspaper investigation.

FM APPLICATIONS

Pending the determination of what policy or rules, if
any, should be promulgated with respect to newspaper
operation of broadcast stations, the FCC has adopted a
procedure of holding in its pending files all applications
by newspaper interests for FM (frequency modulation)
•authorizations not acted upon before March 19, when
Order No. 79 was issued looking to the inquiry which
will consider the policy to be followed in all such cases.

This procedure will enable these applications to be
considered as a group on the basis of Commission findings
as the result of contemplated public hearings on the gen¬
eral question.

As provided in Order No. 79, newspaper interests an¬
nounced as eligible for FYI construction permits prior to
the March 19th inquiry action are being issued such per¬
mits subject to the condition that no construction shall
be undertaken until the Commission has taken action on
the newspaper-ownership matter. Aleanv'hile, if any
such newspaper interest can show to the satisfaction of
the Commission that it should be allowed to go ahead
immediately, it will be permitted to do so.

GROSS HEADS ENGINEERING DIVISION

Appointment of Gerald C. Gross as Assistant Chief
Fngineer and Chief of the Broadcast Division of the
FCC Fngineering Department was announced today.
i\Ir. Gross will succeed Andrew D. Ring, resigned.
George P. Adair was named Assistant Chief of the Fn¬
gineering Department’s Broadcast Division and received

April 11, 1941 — 337

a promotion in grade. Philip F. Siling was appointed
Chief of the International Division, Engineering De¬
partment, succeeding Mr. Gross.

i\Ir. Gross participated in the formation of the Engi¬
neering Division of the Eederal Radio Commission in
1928, and for some time past has served as Chief of the
International Division of the present Commission’s Engi¬
neering Department. He has represented the Govern¬
ment at 21 international conferences on communications,
and has served since 1933 as Secretary of the Inter¬
department Radio Advisory Committee.

Born in New York City on December 27, 1903, j\Ir.
Gross obtained his elementary schooling in France, and
was graduated from Haverford College, Haverford, Pa.,
in 1926 with a B.S. degree. At Haverford he was instru¬
mental in setting up one of the first college broadcasting
stations in the United States. He later served as radio
and communications officer on a number of ships in the
American Merchant Marine. Since 1932 he has held a
commission in the Naval Reserve.

Formerly on the staff of the Bureau of Standards, Mr.
Gross specialized in communications engineering. He
contributed to the development of the present aviation
interlocking aural beacon, and was also in charge of the
standard frequency transmissions.

A native of Texas, being born at Rancho on December
8, 1903, Mr. Adair obtained his B. S. in electrical
engineering from Texas A. & M. College. After varied
experience in the field of electrical engineering he entered
Federal service through the Federal Radio Commission
in 1931.

Mr. Siling was born in East Orange, N. J., August 14,
1897, and was graduated from Yale University in 1917
with a Ph.B degree in electrical engineering. He was
associated with the American Telephone and Telegraph
Company in various capacities from 1917 to 1929 and
with the International Telephone and Telegraph Corpora¬
tion as Outside Plant Engineer and Acting Plant Opera¬
tions Engineer from 1929 to 1933. He was Assistant
Deputy Administrator with the National Recovery Ad¬
ministration from 1933 to 1935. In 1935 he joined the
Federal Communications Commission as a Telephone
Engineer and in 1937 was appointed Assistant Chief of
the International Division of the Engineering Depart¬
ment, a position he has held to date.

The following additional appointments were made in
the Broadcast Division, Engineering Department:

John A. Willoughby) Chief, Standard Broadcast .-Xpplications
Section.

Rolrert M. Silliman, Assistant Chief, Standard Broadcast Appli¬
cation Section.

William C. Boesc, Chief, Non-Standard Broadcast Application
Section.

Cyril M. Braum, .Assistant Chief, Non-Standard Broadcast Ap¬
plication Section.

Cliire If. Owen, Chief, Hearing Section.

11. Ihiderwood Graham, Chief, .Allocation Section.

James E. Barr, Assistant Chief, Allocation Section,

.A. L. Kreis, Chief, Monitoring Equipment Section.

Maxine Colonna, Chief Clerk, Records Section.

FCC ORDERS HEARING

The FCC announced an informal public hearing for
the purpose of obtaining information relative to certain
communication problems that have arisen in the Missis¬
sippi delta and the Gulf Coast area of southeastern Texas.
The hearing will take place in the Texas State Hotel,
Houston, beginning 10 a.m. on May 1, 1941, before
Commissioner Paul A. Walker.

Complaints have been received of interference on mari¬
time frequencies due to the excessive use of these fre¬
quencies in connection with operations of the oil industry
in the coastal w'aters and marshes of Louisiana and Texas.
These operations, which are a development of recent
years, present a unique problem because of the difficult
conditions under which they are conducted.

A large portion of the area is of such a swampy nature
as to make construction and maintainance of wire lines
impossible, or impractical. Some oil operations are con¬
ducted in shallow open water under conditions that re¬
quire the removal of crews upon the approach of a storm
from the Gulf. Consequently, the oil industry has re¬
sorted to, and depends upon, radio to a considerable degree
for communication purposes.

The Commission will also seek information with respect
to the communication needs of vessels navigating the
canals and inland waters in the area between New Orleans
and Houston.

“MONOPOLY” REPORT

At a press conference early this week, FCC Chairman
James Lawrence Fly answering a question regarding the
status of the monopoly report of the Commission said
that the Commission had two meetings last week on the
report and expects to have two meetings this week. While
Mr. Fly did not make any statement regarding it, there
has been a story around the Commission for sometime
that it is pointing toward April 15 as the date to complete
its work on the report.

Chairman Fly was asked at the conference if any Fifth
Columnists were being unearthed by the Commission’s
new listening post set up. Mr. Fly explained that this
new division is not primarily intended to deal with Fifth
Columnists’ activities but in the main is to analyze propa¬
ganda as distinguished from subversive conduct of indi¬
viduals. Mr. Fly told the conference that there has been
much difficulty in getting the top men for this new work,
explaining that men so qualified by training and e.xperi-
cnce are few. He said lie hoired to have an announcement
on this subject in the near future.

338 — April 11, 1941

FROM THE FCC MAIL BAG

“Radio news reporters all say ‘quote’ but only one reporter al¬
ways says ‘unquote’ . . . How are we to know what the quo¬
tation is if the reporters do not say ‘unquote"? Issue an order
and enforce it.”

Thus a Californian writes the Federal Communications Com¬
mission.

A New Hampshire listener wants the Commission to require
that newscasts be ‘‘free of advertising.”

An Illinois fan seeks a ban on advertising on the radio on Sun¬
days.

A Houston resident objects to news rebroadcasts from Berlin
as propaganda; a Los Angeles resident objects to rebroadcasts from
London on the same ground.

To such suggestions the Commission reiterates that it has no
power of censorship over radio artists or programs, and that re¬
sponsibility for the selection of both rests w'ith the individual
station licensees, who are required to operate in the public interest.
Under such circumstances, complaints about particular programs
should more properly be addressed to the station or network in¬
volved.

A letter from Berkeley, Calif., expresses apprehension that cer¬
tain radio programs incite rebellion of children against parental
supervision, while a communication from Newark, N. J., urges
“a tightening of the controls on the part of a duly constituted
Federal agency with respect to radio programs designed for
children.” Pointing out, again, that the Communications Act does
not give the Commission authority to pass upon individual pro¬
grams, the Commission suggests that both inquirers may be inter¬
ested in the results of a nation-wide survey of children’s programs
now being conducted by the Radio Council on Children’s Programs
in cooperation with the National Association of Broadcasters.

A Los Angeles woman deplores the advertising of wines over
the radio. Neither the Communications Act nor the Commission’s
rules and regulations preclude liquor advertising on the air. How¬
ever, the code of ethics of the National Association of Broadcasters
frowns on advertising of “hard or spirituous liquors,” and it is
the policy of certain networks to decline programs sponsored by
liquor interests.

Radio interference is bothersome to a District of Columbia
w'oman. The Commission advises;

“Ordinarily, a frequency separation of 50 kilocycles or more,
such as is employed in "^'ashington, is sufficient to prevent ob¬
jectionable cross-talk interference even when the receiver is oper¬
ated at a location in the immediate vicinity of the transmitter.
Unfortunately, receivers of certain designs, when operated near
the transmitter of one station, are not capable of separating the
signals of that station from those of another station even when
the latter is 50 kilocycles removed. The performance of such sets
so located may be improved materially by employing a ‘wave
trap’, a simple and inexpensive device which is easily installed and
operated.”

An Austin, Texas, firm, is informed that the Communications
Act requires an announcement in the case of any sponsored pro¬
gram sufficient to disclose the identity of the sponsor and that the
program is sponsored. The identity of the actual sponsor rather
than the advertising agency making arrangements for time, must
be disclosed. However, no particular form of making such an¬
nouncement is prescribed.

To a Mississippi request for Commission views as to whether
the owner and operator of a broadcast station could be properly
classed in a national defense industry for the purpose of the
Selective Service Act, the Commission writes;

“Inasmuch as the Selective Service Act prohibits occupational
deferments as such, and leaves the decision in individual cases to
the sound discretion of the local draft boards, it is not the Com¬

mission’s policy to issue statements such as that requested in your
letter. Matters of general policy in making determinations are for
consideration by Selective Service Headquarters, and your letter
is being referred to the Director of the Selective Service for his
consideration. You will understand that the Commission’s policy
is not based upon any failure on its part to appreciate the national
importance of the contributions of the personnel of the broadcast¬
ing industry but rather upon basic considerations of an orderly
administration.”

FEDERAL COMMUNECATICNS
COMMiSSaON DOCKET

Following hearings are scheduled to be heard before

the Commission in broadcast and television cases during

the week beginning Alonday, xApril 14. They are subject
to change.

Monday, April 14

To be Heard Before Commissioner Paul A. Walker, in Ocala, Fla.

WTMC — Ocala Broadcasting Company, Inc., Ocala, Fla. — In the
Matter of Revocation of License of Station.

In Washington, D. C.

NEW — Western Massachusetts Broadcasting Co., Pittsfield, Mass.
— C. P., 15(10 kc. (1490 kt‘. under NAR.-\) ; 100 watts;
unlimited.

Tuesday, April 15
Television

WlXG — General Television Corporation, Boston, Mass. — Modifica¬
tion of license (considered as construction permit); 50000-
56000 kc., 500 watts visual emission A-S, Sec. 4.4 (a).
Present assignment; 42000-56000, 60000-86000 kc., 500
watts visual emission .\-5, Sec. 4.4(a) .

WlXG — General Television Corporation, Boston, Mass. — C. P.,
42000-56000, 60000-86000 kc., 500 watts aural and visual,
emission A-i and A-5, Sec. 4.4(a). Present assignment:
42000-56000, 60000-86000 kc., 500 watts visual only, emis¬
sion A-S, Sec. 4.4(a) .

Wednesday, April 16

WN.yX — South Dakota Broadcasting Corp. (Transferor) and Iowa
Broadcasting Co. (Transferee). Yankton, S. D. — Transfer of
control of Station WN.\X, 570 kc. ; 1 KW night, 5 KW
da>’; unlimited.

KFNF — KFNF, Incorporated, Shenandoah, Iowa. — Renewal of li¬
cense, 890 kc.; 500 watts night; 1 KW day; SH-KUSD.

Thursday, April 17

To Be Heard Before Commissioner Paul A. Walker, in the Court
Room of the County Court House, at Panama Cit\', Florida.

WDLP — Panama City Broadcasting Company. Panama City, Fla.
In the matter of revocation of license of station.

Friday, April 18

NEW — J. Leslie Doss, Bessemer, .Ala. — C. P., 1870 kc.; 250 watts;
unlimited.

FEDERAL COMMONiCATiONS
COMMSSSION ACTION

APPLICATIONS GRANTED

WCNW — .Arthur Faske, Brooklyn, N. Y. — Granted modification
of temporary authorization to increase night power from

April 11, 1941 — 339

100 to 2S0 watts; operating on 1600 ko. (NARBi\); spe¬
cified hours (Bl-ML-681).

VVLAC — WLAC Broadcasting Service, Nashville, Tenn. — Granted
amended construction permit to increase power from 5 to
50 K\V, move transmitter from 5 miles from city limits to
7 miles north of center of Nashville on Dickerson Pike, in¬
stall new transmitter and directional array for night use;
1510 kc. (NARBA), unlimited time (B3-P-1250).

VVOMI — Owensboro Publishing Co., Inc. (Transferor), L. W.
Hager, VV. B. Hager, and G. M. Fuqua (Transferees), —
Granted consent to the transfer of control of Owensboro
Broadcasting Co., licensee of station WOMI, from the
Owensboro Publishing Co. to L. VV. Hager, VV. B. Hager,
and George M. Fuqua, representing 191 of the 200 shares
issued and outstanding capital stock of the Owensboro
Broadcasting Co., Inc., for a consideration of $19,100. Sta¬
tion operates on 14f)0 kc. (NARBA), 250 watts, unlimited
time (B2-TC-246).

VVSAN — Lehigh V'alley Broadcasting Co., Allentown, Pa. — Granted
amended construction permit to increase power from 500
watts to 5 KVV'^, install new transmitting equipment and di¬
rectional antenna for both dav and night time use; 1446 kc.
(NARBA), shares-VVCBA {B2-P-2637).

KCRC — Enid Radiophone Co., Enid, Okla. — Granted construction
permit to install directional antenna for night and day use,
install new transmitter and increase power from 250 watts
to 1 KVVL 13!I0 kc. (NARBA) frequency, unlimited time
(B3-P-2810).

VVGAU — J. K. Patrick, Earl B. Braswell, Tate Wright, C. A. Row¬
land, and A. Lynne Brannen, d/b as J. K. Patrick and
Company (Assignor), J. K. Patrick, Earl B. Braswell, Tate
Wright, C. A. Rowland, d b as J. K. Patrick and Company
(Assignee), Athens, Ga. — Granted voluntary assignment of
license of station WGAU from J. K. Patrick, Earl B. Bras¬
well, Tate Wright, C. A. Rowland and A. Lynne Brannen,
d/b as J. K. Patrick & Co., to J. K. Patrick, Earl B. Bras¬
well, Tate Wright and C. A. Rowland, d b as J. K. Patrick
& Co.; 1340 kc. (N.VRBA) ; 250 watts; unlimited time (B3-
AL-284).

KWJJ — KWjj Broadcast Co., Inc., Portland, Ore. — Granted modi¬
fication of construction permit to use directional antenna
day and night and approval of present site (Oak Park,
Portland, Ore.); 1080 kc. ; 1 KW night and day; unlimited
time (B5-MP-1190) .

WCAO — The Monumental Radio Co., Baltimore, Md. — Granted
construction permit to increase day and night power from
500 watts night, 1 KW day to 5 KW day and night, move
transmitter to east side of Park Heights Ave., 1.2 miles
northwest from city boundaries, near Baltimore, Md., install
new transmitter and directional antenna for day and night
use; 600 kc.; unlimited time (Bl-P-3024).

W 49 BN — Howitt-Wood Radio Co., Inc. (Assignor), Wylie B.
Jones Advertising Agency (Assignee), Binghamton, N. Y. —
Granted consent to assignment of construction permit for
FM broadcast station from Howitt-Wood Radio Co., Inc.,
to its parent company, Wylie B. Jones Advertising Agency,
44000 kc. ; coverage; 6,500 square miles (Bl-APH-1).

WLWO — The Crosley Corp., Cincinnati, Ohio. — Granted modifica¬
tion of international broadcast station license to increase
power from 50 to 75 KW ( B2-MLIB-40) .

VV3XPY — Bell Telephone Labs., Inc., Whippany, N, J. — Granted
modification of developmental broadcast station license to
change frequencies to 43500 and 49100 kc. on an experi¬
mental basis conditionally (Bl-MLEX-1 1 ) .

DESIGNATED FOR HEARING

WTMV — Mississippi V'alley Broadcasting Co., Inc., E. St. Louis,
Ill. — .Application for construction permit to change frequency
from 1490 to 1540 (under NARBA), increase night power
from 250 to 500 w'atts, day power from 250 watts to 1 KW ;
move transmitter locally to 1 mile southeast of city limits
at Golden Gardens, St. Clair Co., 111.; install new equipment
and vertical antenna, conditional to no interference to Cuba
(B4-P-2832).

WREN — WREN Broadcasting Co., Inc., Lawrence, Kans. —
.Adopted order designating for hearing the amended applica¬
tion filed by WREN (B4-P-2272 ) requesting authority to
increase nighttime iiowcr from 1 to 5 KW', install a direc¬
tional antenna for day and night use, and move transmitter
from Tongano.xie, Kans., to a site within the metropolitan

340 — April 11, 1941

area of Kansas City, Kans., and to move main studio from
Lawrence, Kans., to a site to be determined in Kansas City,
the studio at Lawrence to be continued for auxiliary pur¬
poses. The issues are: ‘‘To determine whether a fair, efficient
and equitable distribution of radio service among the several
states and communities can be better achieved by continued
operation of WREN with its main studio at Lawrence, Kans.,
and its transmitter at Tonganoxie, Kans., or by its operation
with both its main studio and transmitter at Kansas City,
Kans., as proposed in its application.” The Commission’s
Order of February 26, 1941, granting the application in part,
is vacated.

KPAC — Port Arthur College, Port .Arthur, Tex. — .Application for
modification of license to increase night power from 500
watts to 1 KW and make changes in directional antenna ;
500 watts day, unlimited time, directional antenna night¬
time; 1250 kc. (B3-ML-956).

The Constitution Broadcasting Co., Atlanta, Ga. — .Application for
construction permit for new station to operate on 550 kc.,
1 KW night, 5 KW' day, unlimited time; directional antenna
at night; studio site to be determined at .Atlanta, Ga. (B3-
P-290S).

WCAO — Lewis M. Milbourne and Clarence VV. Miles (as voting
trustees under a voting trust agreement of April IS, 1931)
(Transferors), Lewis M. Milbourne, Clarence VV. Miles and
L. Waters Milbourne (as voting trustees of a new voting
trust agreement) (Transferees), The Monumental Radio Co.,
Baltimore, Md. — Application for consent to transfer control
of The Monumental Radio Co., licensee of Radio Station
WCAO. from Lewis M. Milbourne and Clarence VV. Miles
(as voting trustees under a voting trust agreement of April
IS, 1931) to themselves and L. Waters Milbourne (as voting
trustees of a new voting trust agreement); 600 kc. ; 500
watts night; 1 KW day; unlimited time (Bl-TC-263).

MISCELLANEOUS

KCRO — Enid Radiophone Co., Enid, Okla. — Granted request to
dismiss its petition for rehearing directed against the action
of the Commission, October 22, 1940, granting the applica¬
tion of KLPM, Minot, N. D., for modification of license
to increase power from 500 watts night, 1 KW day, unlimited
time on frequency 1360 kc. to 1 KW' unlimited time on
same frequency, and dismissed said petition for rehearing
(B4-ML-651).

KCRC — Enid Radiophone Co., Enid, Okla. — Granted request to
dismiss petition for rehearing directed against the action
of the Commission October 22, 1940, granting the applica¬
tion of VVTJS, Jackson, Tenn., for construction permit to
change frequency from 1310 to 1360 kc., install new equip¬
ment and DA for nighttime use, and increase power from
250 watts to 1 KW', unlimited time, and adopted order dis¬
missing said petition for rehearing (B3-P-2525).

VVCB.A — Lehigh V'alley Broadcasting Co., .Allentown, Pa. — Dis¬
missed with consent of applicant, application for construc¬
tion permit to increase power from 500 watts to S KW, install
new transmitting equipment and directional antenna for both
day and nighttime use (B2-P-2636).

WGST — Georgia School of Technology, .Atlanta, Ga. — The hearing
on renewal of license for station VV'GST now scheduled to be
heard in Washington, D. C., on May 1, 1941, wall be heard
instead in .Atlanta on that date.

KRBC — Reporter Broadcasting Co., Abilene, Texas. — .Adopted
order denying petition for reconsideration and grant without
a hearing the application for construction permit to change
frequency to 940 kc., increase pow’er to 1 KW, and install
new transmitter and D.A for day and night use; and
amended the notice of hearing to specify the following
issues; (1) to determine the extent and effect of any inter¬
ference which the proposed operation of station KRBC on
the frequency 970 kc. would cause to the operation of
station XEJ, Ciudad Juarez, Chihuahua, and station XEO,
Matamores, Tams., operating on the same frequency,
with particular reference to the provisions of the N.ARB.A ;
(2) to determine (a) the area and population now servecl
by station KRBC, and (b) the area and population which
would be served by station operating on 970 kc.

VVCNVV' — .Arthur Faske, Brooklyn. N. Y. — Dismissed petition for
reconsideration of ‘‘Proposed Findings of Fact and Conclu¬
sions” of the Commission (Docket N. 5323), cl al.

WMRF — Lewistown Broadcasting Co., Levrlslown, Pa. — Granted

modification of construction permit which authorized new
standard broadcast station to be operated on 1500 kc., 250
watts, unlimited, for authority to change frequency to
1490 kf. in accordance with NARBA.

KPOW — Albert Joseph Meyer, Powell, Wyo. — Granted modifica¬
tion of construction permit which authorized new standard
broadcast station to operate on 1200 ko., 250 watts, un¬
limited, for change of frequency to 1230 kc. in accordance
with NARBA.

KLS — S. W. Warner & E. N, Warner, d,'b as Warner Bros., Oak¬
land. Calif. — Granted modification of construction permit
which authorized increase in power from 250 watts to 1
KW, new transmitter and changes in antenna, for change
in frequency from 1280 to 1310 kc. in accordance with
NARBA.

KFMB — Worcester Broadcasting Corp., San Diego, Calif. — Granted
modification of construction permit which authorized new
standard broadcast station to operate on 1420 kc., 250
watts, unlimited, to change frequency to 1450 kc. in ac¬
cordance with NARBA.

WSOC — Radio Station WSOC, Inc., Charlotte, N. C. — Granted
modification of construction permit which authorized in¬
stallation of new antenna, move studio and transmitter,
install new transmitter and increase power from 100 watts
night, 250 watts LS, to 250 watts, for change in frequency
from 1210 to 1240 kc. in accordance with NARBA.

W9XBK — Balaban & Katz Corp., Chicago, Ill. — Granted e.xtension
of special temporary authority to operate two transmitter
units to be installed and operated from the State-Lake Bldg.,
Chicago; Link Transmitter Type No. 50-UTX with 100
watts power for visual and Link Transmitter Type No.
25-UBX, 25 watts aural; temporary steel tow'er to be used
on roof of said building, in order to conduct tests for period
April 19 to not later than May 18, 1941, in accordance with
construction permit.

WLWO — The Crosley Corp., Cincinnati, Ohio. — Granted extension
of special temporary authority to operate the equipment of
International Broadcast Station WLWO with a power input
to the final stage of 100 KW for the period April 1, 1941,
to not later than April 30, 1941, in order to obtain data
requested in connection with application.

W39B — The Yankee Network, Inc., Boston, Mass. — Granted special
temporary authority to rebroadcast programs of High Fre¬
quency Station WlXOJ for the period ending in no event
later than May 17, 1941.

WARM — Union Broadcasting Co., Scranton, Pa. — Dismissed as
unnecessary the motion for leave to amend application for
license to cover construction permit for 1370 kc., 250 watts,
unlimited time.

KWBG — W. B. Greenwald (Transferor) and O. L. Taylor, William
Wyse, and Wesley E. Brown (Transferees), Hutchinson,
Kans. — Granted petition for leave to amend application for
transfer of control of KWBG to substitute Stanley Marsh
for 0. L. Taylor as one of transferees, and removed appli¬
cation from hearing docket.

King-Trendle Broadcasting Corp, Pontiac, Mich. — Granted motion
to dismiss application for construction permit to operate on
1440 kc., 250 watts, unlimited time.

KLISD — University of So. Dak., Vermillion, S. Dak. — Granted
motion to withdraw without perjudice application for con¬
struction permit to change frequency from 890 kc. to 630
kc., and change hours of operation from S-KFNF to full
daytime on 500 watts (B4-P-2724).

WSNJ — Eastern States Broadcasting Corp., Camden, N. J. —
Granted motion to dismiss without prejudice application for
construction permit for Class IV station to be synchronized
with WSNJ, located at Camden, N. J. (Bl-P-2914).

KOWH — World Publishing Co., Omaha, Nebr. — Granted petition
for dismissal without prejudice application for construction
permit to change frequency from 660 kc, to 890 kc., in¬
crease power and change hours of operation from 500 watts
daytime to 5 KW unlimited, directional antenna night
(B4-P-2728).

WRBL — The Columbus Broadcasting Co., Inc., Columbus, Ga. —
Granted special temporary authority to rebroadcast trans¬
missions received from transmitter in Army scout car, 2220
kc., 75 watts, and transmitter in Army bomber plane, 7460
kc., 75 watts on April 7, 1941, in connection with Army
Day program.

WMBG — Havens and Martin, Inc.. Richmond. Va. — Granted spe¬
cial temporary authority to rebroadcast a program to be

received from LT. S. Navy Plane 1322, Naval Air Station,
Anacostia, on April 6, 1941. in the interest of Navy recruiting.

National Broadcasting Co., Inc., New York, N. Y. — Granted special
temporary authority to rebroadcast .Army Day program
over Radio Station WE.AF and WJZ and the combined Red
and Blue networks program material supplied over U. S.
■Army radio facilities from airplanes flying in the vicinity of
New York City and San Francisco on .April 5, 1941 ; the
signals from the Army planes will be picked up at these
locations by NBC

Columbia Broadcasting System, Inc., Boston, Mass. — Granted mo¬
tion to grant amendments to change frequency from 44106
to 43500 ke., and change transmitter site in re application
for new television station.

Columbia Broadcasting System, Inc., Boston, Mass. — Denied mo¬
tion for consolidation of hearing on applications of The
Yankee Network, Worcester Telegraph Publishing Co., Inc.,
and Columbia Broadcasting System, Inc., applications for
new television station, and the Commission on its own mo¬
tion continued the hearing on the application of Worcester
Telegram Publishing Co., Inc., indefinitely, from .April 21.

Columbia Broadcasting System, Inc., Boston, Mass. — Denied peti¬
tion for intervention in the hearing on application of The
Outlet Co., Providence, R. L, for a new television station,

WJ.AR — The Outlet Co., Providence, R. 1. — Dismissed petition for
leave to intervene in the hearing on application of The
Yankee Network, Inc., Boston, and Worcester Telegram
Publishing Co., Inc., Worcester, Mass., for new television
station and granted petition as to enlargement of issues, and
on its own motion the Commission consolidated the hearing
on the application of WJAR and The Yankee Network, Inc.

W.^G.A — Liberty Broadcasting Corp., Atlanta, Ga. — Granted mo¬
tion for leave to amend application so as to request 5 KW,
day and night, and to specify directional antenna, in re ap¬
plication for construction permit to change frequency and
increase power. Application removed from hearing docket.

WQBC — Delta Broadcasting Co., Inc., Vicksburg, Miss. — Dismissed
motion to withhold further action on application for modifi¬
cation of construction permit to increase power and change
hours of operation, pending filing of amendments.

W.\PI — .\labama Polytechnic Institute, Llniversity of Alabama and
Alabama College, Birmingham, Ala. — Granted temporary
extension of license of Station W.API on the frequency II7()
kc., 1 KW night, 5 KW LS, simultaneously daytime and
sharing time at night with Station K\'00, pending con¬
sideration of application to change frequency to 1070 kc.

W4X.A — National Life & .'Occident Insurance Co., Nashville, Tenn.
— Granted extension of license of High Frequency Experi¬
mental Broadcast Station W4XA for a period of 30 days,
on a temporary basis.

WWDC — Capital Broadcasting Co., Washington, D. C. — Granted
modification of construction permit (Bl-P-2679, which au¬
thorized a new station) for 1450 kc. under N.ARBA, make
changes in synchronous amplifier equipment and antenna,
and extend commencement date to 30 days after grant and
completion date to 180 days thereafter (Bl-MP-1163).

KHJ — Don Lee Broadcasting System, Los Angeles, Cal. — Granted
modification of construction permit (B5-P-2843, as modified,
which authorized increase in power, installation of direc¬
tional antenna for day and night use. make changes in equip¬
ment and move transmitter) for changes in directional
antenna on 930 kc. under NARBA. and extension of com¬
mencement date to 1 day after grant, and completion date
to 180 days thereafter respectively ( B5-MP-1238) .

WHDF — Flint Broadcasting Co., Flint, Mich. — Granted modifica¬
tion of construction permit (B2-P-2451, which authorized
installation of new transmitter and DA for day and night
use, increase in power, change of frequency, and move of
transmitter), for extension of completion date to June 14
(B2-MP-1228).

WBIG — North Carolina Broadcasting Co., Inc., Greensboro, N. C.
— Granted modification of construction permit (B3-MP-833,
for increase in power, installation of DA for night use), for
1470 kc. under N.ARB.A and changes in D.A (B3-MP-1235) .

KOAC — Oregon State Agricultural College, Corvallis, Ore. — Granted
modification of construction permit (B5-P-2422, for new
transmitter, installation of D.\ for day and night use, move
of transmitter and increa.se in power) for extension of com¬
pletion date to Jul}- 14 (B3-MP-1241 ) .

WJ.AR — The Outlet Company, Providence, R. 1. - Granted modi¬
fication of construction permit (Bl-P-2192, for changes in

April 11, 1941 — 341

directional antenna, increase in power, move of transmitter)
lor !)20 k(‘. under NARB.\, changes in directional antenna
and installation of new transmitter, and extension of com¬
pletion date to 80 days after grant (Hl-MP-1233).

KWSC — State College of Washington, Pullman, Wash. — Granted
modification of construction permit (B5-P-2911 authorizing
changes in equipment) for authority to extend completion
date to Oct. 9/41 (B5-MP-1239),

KFGQ — Boone Biblical College, Boone, Iowa, — Granted special
temporary authority to operate from 12 midnight to 6 a.m.
on April 1, 1941, in order to broadcast religious program
celebrating the Fifty-fifth anniversary of the Boone Biblical
College and .Associated Institutions, onl>'.

WE.AU — Central Broadcasting Co., Eau Claire, Wise. — Granted
special temporary authority to operate from sign-off (March
6:30 p.m., CST) to 9 p.m., CST, on March 29, 1941, in order
to hold audience and to broadcast the Jackson Day dinner
speech of President Roosevelt.

WCNW- --.Arthur F'aske, Brooklyn. N. Y. — Granted special tempo¬
rary authority to operate with power of 250 watts from 8:30
p. m. to 9:30 p. m., Est, March 28, 1941, for broadcast of
special forum of Brooklyn law enforcement officials, only.

WIBG — Seaboard Radio Broadcasting Corp., Glenside, Pa. —
Granted special temporary authority to operate from local
sunrise, Glenside, Pa., to local sunset, Knoxville, Tenn.
(WNOX), instead of daytime as stipulated in reallocation
for the period March 29, 1941 to not later than .April 2 7,
1941, pending action on formal application for such
authority.

WHBF' — Rock Island Broadcasting Co., Rock Island, Ill. — Granted
modification of construction permit (B4-P-2568, which au¬
thorized installation of new transmitter, and increase in
power, directional antenna day and night) to change type
of transmitter, make changes in directional antenna for
day and night use, extend com.pletion date to 180 days after
grant, and for 1370 kf., under N.ARB.A (B4-MP-1215 ) .

WPTF — WPTF Radio Company, Raleigh, N. C. — Granted modifi¬
cation of construction permit (B3-P-2216, for new equip¬
ment, increase in power, changes in antenna system), for
extension of completion date to June 1, 1941 (B3-MP-1243) .

WGEO — General Electric Co., So. Schenectady, N. Y, — Granted
construction permit to install new transmitter in Interna¬
tional Broadcast station {Bl-PIB-32).

The KANS Broadcasting Co., Portable-Mobile (Area of Wichita,
Kans.). — Granted construction permit for new relay broad¬
cast station to be used with applicant’s standard broadcast
station KANS; 3083(1, 33740, 35830, 37080 kf.; 2 watts
(B4-PRE-388).

WELT — Racine Broadcasting Corp., Racine, Wise. — Granted license
to cover construction permit (B4-PRE-355, for new relay
broadcast station; frequencies 30830, 33740, 35830, 37!)8()
kf . ; 10 watts; to be used with applicant’s standard broad¬
cast station WRJN (B4-LRE-344).

KNET — The Palestine Broadcasting Association, Palestine. Tex.
— Granted authority to install automatic frequency control
equipment, 1450 kf. under N.ARB.A (B3-F-194).

WFIB — WHB Broadcasting Co., Kansas City, Mo. — Granted au¬
thority to make changes in automatic frequency control
equipment on 880 kf. under N.ARB.A (Bd-F'-lbb).

WHEN — Blanfox Radio Co., Inc., Flarlan, Ky. — Granted modifica¬
tion of construction permit (B2-P-288S, which authorized
a new station) for approval of transmitter site at Harlan,
and approval of antenna; 1450 kf., N.ARB.A (B2-MP-
1205).

KSWO — William Carver & Byrne Ross, Lawton, Okla. — Granted
modification of construction permit (B3-P-2664, which au¬
thorized a new station) for authority to install new trans¬
mitter, approval of antenna, approval of studio site at 1303
Summit St., Lawton, and transmitter site at Block bounded
by 20th and 21st Sts., between E and F .Avenues, Lawton,
and for 1150 kf. under NARBA (B3-MP-1196) .

W.ABC — Columbia Broadcasting System, Inc., New' York City. —
Granted modification of construction permit (Bl-P-2855,
which authorized new transmitting equipment, new antenna,
and move of transmitter) for extension of completion date
to Oct. 25/41 (Bl-MP-1220).

WABC — Columbia Broadcasting System, Inc., New' York City. —
Granted modification of construction permit (Bl-P-2975,
for new auxiliary transmitter with 5 KW jrower to be used
for emergency only, located at Little Pea Island, New

342 — April 11, 1941

Rochelle, N. for extension of completion date to Oct.
25 '41 (Bl-MP-122] ).

WTMJ — The Journal Company (The Milwaukee Journal), Mil¬
waukee, Wise. — Granted modification of construction per¬
mit (B4-P-2696, for installation of directional antenna for
night use, increase power from 1 KW night, 5 day to S KW
day and night) for extension of completion date to Mav 6
(B4-MP-1219).

WP.AA^ — A'ee Bee Corp., Portsmouth, Ohio. — Granted modification
of construction permit (B2-P-2685, for changes in transmit¬
ting equipment, antenna changes, increase in pow'er to 250
watts and move of transmitter), for extension of completion
date to Oct. 15/41 (B2-MP-1218) . The grant of this appli¬
cation is on a temporary basis, conditionally.

KFBK — McClatchy Broadcasting Co., Sacramento, Cal. — Granted
authority to determine operating power by direct measure¬
ment of antenna power on 1530 kf. under NARB.A (BS-Z-
727).

KDFN — Donald Lewis Hathaway, Casper, Wyo. — Granted author¬
ity to determine operating power by direct measurement of
antenna pow'er on 1470 kf. under NARBA.

KIT — Carl E. Haymond, Yakima, Wash. — Granted authority to
install automatic frequency control equipment on 1380 kf.
under NARB.A (B5-F-203).

KALE — KALE, Inc., Portland, Ore. — Granted authority to install
automatic frequency control equipment on 1330 kf. under
NARB.A (BS-F-206‘).

KOIN — KOIN, Inc., Portland, Ore. — Granted authority to install
automatic frequency control equipment on 070 kf. under
NARBA (BS-F-204).

WPIC — Sharon Herald Broadcasting Co., Sharon, Pa. — Granted
authority to determine operating power by direct measure¬
ment of antenna power on 700 kf. under N.ARB.A (B2-Z-
723).

WINX — Law'rence J. Heller, Washington, D. C. — Granted license
to cover construction permit (B1-P-2S46 which authorized
a new station; 1340 kf. under N.ARBA, 250 w’atts, unlimited
time) (Bl-L-1301 ).. .Also granted license to cover construc¬
tion permit for new 50-watt amplifier station (Bl-I-1302) ;
also granted authority to determine operating power by
direct measurement of antenna input, main transmitter and
amplifier (Bl-Z-621 and Bl-Z-622).

WORC — Alfred Frank Kleindienst, Worcester, Mass. — Granted
license to cover construction permit (Bl-P-2563, w'hich
authorized changes in equipment and increase in pow'er to
1 KW) ; 1310 kf. under N.-ARB.A (Bl-L-1307) ; also granted
authority to determine operating pow'er by direct measure¬
ment of antenna input on 1310 ks. under NARB.A Bl-Z-
628).

K.ABR — .Aberdeen Broadcast Co., Aberdeen, S. Dak, — Granted
authority to determine operating power by direct measure¬
ment of antenna input (B4-Z-726).

WKWK — Community Broadcasting, Inc., Wheeling, W. Va. —
Granted modification of construction permit (B2-P-2967,
for new' broadcast station) for approval of antenna, and
approval of studio and transmitter site at corner Market &
16th Sts., Wheeling; 1400 kf. under NARB.A (B2-MP-
1229).

WlXG — General Television Corp., Boston, Mass. — Granted peti¬
tion for 30 day extension of temporary authorization to
operate experimentally visual and aural television trans¬
mitters (Dockets 5988-5989).

WKZO — WKZO, Inc., Kalamazoo, Mich. — .Adopted order vacating
Commission action of March 4, 1941, granting in part the
application of WKZO to increase daytime power to 5 KW,
etc,, and designated the application for construction permit
(B2-P-2898) for hearing.

KORN — Nebraska Broadcasting Corp., Fremont, Nebr. — Desig¬
nated for hearing application of KORN for renewal of
license; application for transfer of control (B4-TC-244) of
corporation from Clark Standiford to A. C, Sidner, C. J.
Malmsten, S, S. Sidner and Arthur Baldwin; and applica¬
tion (B4-TC-250) to transfer control of corporation from
•A. C. Sidner, C. J. Malmsten, S. S, Sidner, Arthur Baldwin,
and E. J. Lee to John F’. Palmquist and Paul Boyer.

WARM — Union Broadcasting Co., Scranton, Pa, — Granted modi¬
fication of construction permit which authorized a new
standard broadcast station to be operated on 137(1 kf., 250
watts, unlimited hours, for authority to change frequency
to 1400 kf. in accordance with NARB.A,

WBOS — Westinghouse Radio Stations, Inc., Hull, Mass. — Granted
special temporary authority to operate International Broad¬
cast Station WBOS with a power of SO KW using two
WL-895R tubes in lieu of tubes specified in construction
permit application File No. Bl-PIB-23, pending the filing
and action on application for license to cover construction
permit for period April 12, 1941 to not later than May
11, 1941.

WSAZ, Inc., Huntington, W. Va. — Granted special temporary
authority to operate equipment licensed to the Charleston
Broadcasting Co. at Relav Station WADA, 1622, 2058,
2150, 2T‘)0 kc., power 40 watts, in order to relay broadcast
special event programs as described in letter dated April 1,
1941, on April 4, 11, 18, and 25, 1941, to Radio Station
WSAZ.

KRJF — Star Printing Co., Miles City, Okla. — Granted modifica¬
tion of construction permit which authorized new broad¬
cast station to operate on 1310 kc., 250 watts, unlimited
hours, for change in frequency to 1340 kc. in accordance
with NARBA.

WAPI — Voice of Alabama, Inc., Birmingham, Ala. — Granted spe¬
cial temporary authority to rebroadcast U. S. Army Day
program from 106th Observation Plane Transmitter on
2478, 3332.5, 6460 kc., at 10 a. m., April 5, 1941.

KECA — Earl C. Anthony, Inc., Los Angeles, Cal. — Granted author¬
ity to install new automatic frequency control equipment
on 790 kc. under NARBA for auxiliary transmitter (BS-F-
197).

WIB.^ — Badger Broadcasting Co., Inc., Madison, Wise. — Granted
authority to install automatic frequency control equipment
on 1310 kc. under N.ARBA (B4-F-201).

WCAM — City of Camden, Camden, N. J. — Granted authority to
install automatic frequency control equipment on 1310 kc.
under NARBA, on temporary basis, conditionally (Bl-F"-
199).

KMO — Carl E. Haymond, Tacoma, Wash. — Granted authority to
install automatic frequency control on 1360 kc. under
NARBA (B5-F-200).

WHN — Marcus Loew Booking Agency, New York City. — Granted
authority to install automatic frequency control. On 1050
kc. under NARBA (Bl-F-198).

KHSL — Golden Empire Broadcasting Co., Chico, Calif. — Granted
authority to determine operating power by direct measure¬
ment of antenna power on 1290 kc. under NARBA (B5-Z-
731).

KVCV — Golden Empire Broadcasting Co., So. of Redding, Calif. —
Granted authority to determine operating power by direct
measurement of antenna power on 1230 kc. under NARB.\
(B5-Z-731).

KFRO — Voice of Longview, Longview, Tex. — Adopted order
amending notice of hearing in re application for modification
of construction permit to increase power to 5 KW, to specify
the following additional issue: “To determine the extent and
effect of any interference which the proposed operation of
Station KFRO on the frequency 137(1 kc. would cause to
the operation of stations XEMR, Monterey, N. L., XEAF,
Nogales, Son., and XEHL, Guadalajara, Jal., operating on
the same frequency, with particular reference to the pro¬
visions of the NARBA (Appendix H, Table I).”

KDYL — Intermountain Broadcasting Corp., Salt Lake City, Utah.
— Granted special temporary authority to rebroadcast trans¬
mission from Army Bomber in connection with Army Day
celebration April 7 (B5-S-133J.

K.\BR — Aberdeen Broadcast Co., Aberdeen, S. Dak. — Granted li¬
cense to cover construction permit for increase in power
from 500 watts night, 1 KW LS, to 5 KW day and night;
make equipment changes and changes in D.\; 1420 kc. ;
5 KW DA-N (B4-L-1332).

WWRL — Long Island Broadcasting Corp., Woodside, L. 1. —
Granted special temporary authority to operate from mid¬
night to 2 a. m., EST, on .\pril 26, in order to broadcast
Greek War Relief Fund program only (Bl-S-271).

KOIL — Central States Broadcasting Co., Omaha, Neb. — Granted
special temporary authority to rebroadcast program from
plane over Ft. Crook on Army Day, April 7, from 4 to 4:15
a. m., CST (B4-S-516).

KROD — Dorrance D. Roderick, El Paso, Tex. — Granted special
temporary authority to rebroadcast .A,rmy Day Program
from .Armv Plane from 9:15 to 9:45 p. m., MST, .^pril
7, 1941 (B3-S-1064).

WBNY — Roy L. Albertson, Buffalo, N. Y. — Granted special tem¬
porary authority to operate from 8:30 to 10 a. m., EST,
April 10, 11, 12, 13, 14, 17, 18, 19, 20, 1941, in order to
broadcast sustaining musical programs as described in letter,
(provided WSVS remains silent) (Bl-S-879).

WSVS — Board of Education, City of Buffalo, N. Y. — Granted spe¬
cial temporary authority to remain silent for the period
April 10 to April 20, in order to observe Easter Vacation;
May 30 to observe Memorial Day, and from June 16 to Sept.
8, to observe Summer vacation (Bl-S-225).

KIDW — Lamar Broadcasting Co., Lamar, Colo. — Granted special
temporary authority to broadcast special Easter program
from 8 to 9:30 p. m., MST, April 6 and 7, provided KGIW
remains silent (B5-S-809).

APPLICATIONS FILED AT FCC

600 Kilocycles

WSJS — Piedmont Publishing Co., Winston-Salem, N. Car. — Modi¬
fication of construction permit (B3-P-2814) requesting in¬
crease in power from 1 KW to 5 KW, install new trans¬
mitter, changes in directional antenna for day and night
use, move transmitter and extension of commencement and
completion dates.

WSJS — Piedmont Publishing Co., Winston-Salem, N. Car. — Trans¬
fer of control of corporation from Gordon Gray to 87 indi¬
viduals.

710 Kilocycles

NEW — Park Cities Broadcasting Corp., Dallas, Tex. — Construction
permit for new standard broadcast station to be operated
on 710 k(‘., 5 KW power, unlimited time. Amended re stock
ownership and finances,

750 Kilocycles

KMMJ — KMMJ, Inc., Grand Island, Nebr. — Authority to transfer
control of corporation from Don Searle, H. A. Searle, Jr.,
Helen Searle Blanchard and Flerbert Hollister to Grand
Island Independent Publishing Co. by sale of 250 shares
common stock.

790 Kilocycles

KEC.\ — Earle C. Anthony, Inc., Los .Angeles, Calif. — Modification
of construction permit (B5-P-2698) for changes in direc¬
tional antenna for night use and 790 kc. under NARB.A.

WE.AN — The Yankee Network, Inc., Providence, R. 1. — Modifica¬
tion of construction permit (Bl-P-2037) requesting changes
in directional antenna and 790 kc. under N.ARB.A,

850 Kilocycles

WHDH — Matheson Radio Co., Inc., Boston, Mass. — Authority to
install automatic frequency control equipment.

880 Kilocycles

W.ABC — Columbia Broadcasting System, Inc., New A^ork, N. Y. —
Authority to determine operating power by direct measure¬
ment of antenna power.

920 Kilocycles

WB.A.A — Purdue University, West Lafayette, Ind. — Modification of
construction permit (B4-P-2604) requesting change in type
of transmitter. .Amended to make changes in directional
antenna for night use and specify 920 kc. under N.ARB.A.

950 Kilocycles

KPRC — Houston Printing Corp., Houston, Tex. — Modification of
construction permit (B3-P-2791) for changes in directional
antenna system, 950 kc. under NARBA and extension of
completion date.

960 Kilocycles

KROW — Educational Broadcasting Corp. — Construction permit to
increase power from 1 KW to 5 KW, install new equip¬
ment, directional antenna for night use, move transmitter.
.Amended to specify 960 kc. under N.ARB.A.

April 11, 1941 — 343

990 Kilocycles

WNOX — Scripps-Howard Radio, Inc., Knoxville, Tenn. — Au¬
thority to install automatic frequency control equipment.

1000 Kilocycles

WINS — Hearst Radio, Inc., New York, N. Y. — Modification of
construction permit (Bl-P-3026) for approval of directional
antenna system and approval of present licensed transmitter
site.

1030 Kilocycles

KOB — Albuquerque Broadcasting Co., Albuquerque, N, Mex. —
Authority to determine operating power by direct measure¬
ment of antenna power.

1060 Kilocycles

KYW — Westinghouse Radio Stations, Inc., Philadelphia, Pa. — Con¬
struction permit to make changes in directional antenna sys¬
tem on 1(160 kc. under NARBA.

1090 Kilocycles

WBAL — The WBAL Broadcasting Co., Baltimore, Md. — Modifica¬
tion of construction permit (Bl-P-2200) as modified re¬
questing changes in directional antenna for night use, 1000
kc. under NARBA and extension of completion date.

1130 Kilocycles

WDGY — Dr. Geo. W. Young, Minneapolis, Minn. — Authority to
determine operating power by direct measurement of antenna
power.

1150 Kilocycles

KSAL — KSAL, Inc., Salina, Kansas. — License to cover construction
permit (B4-P-276S) for increase in night power and changes
in directional antenna.

KSAL — KSAL, Inc., Salina, Kansas. — Authority to determine
operating power by direct measurement of antenna power.

KFIO — Spokane Broadcasting Corp., Spokane, Wash. — Construc¬
tion permit to install new transmitter, make changes in an¬
tenna, change freouency from 1150 kc. to 1280 kc., increase
power from 100 watts to 250 watts and hours of operation
from daytime to unlimited.

1180 Kilocycles

WHAM — Stromberg-Carlson Telephone Manufacturing Co., Roch¬
ester, N. Y. — Authority to determine operating power by
direct measurement of antenna power.

1190 Kilocycles

WOWO — Westinghouse Radio Stations, Inc., Fort Wayne, Ind. —
Construction permit to make changes in equipment, install
directional antenna for day and night use, increase power
from 10 to 50 KW and hours of operation to unlimited.
Amended to specify 1190 kc. under N.ARBA and changes
in directional antenna.

1230 Kilocycles

WJOB — O. E. Richardson and Fred L. Adair, Hammond, Ind. —
Construction permit to make changes in transmitting equip¬
ment and increase power from 100 watts to 250 watts.

KHAS — Nebraska Broadcasting Co., Hastings, Nebr. — Authority
to determine operating power by direct measurement of
antenna power.

WLOF — Hazlewood, Inc., Orlando, Fla. — Authority to determine
operating power by direct measurement of antenna power.

KPHO — M. C. Reese, Phoenix, Ariz. — License to cover (B5-P-3092)
for installation of new transmitter.

KPHO — M. C. Reese, Phoenix, Ariz. — Authority to determine
operating power by direct measurement of antenna power.

1240 Kilocycles

KWIL — Central Willamette Broadcasting Co., Albany, Oregon. —
Authority to determine operating power by direct measure¬
ment of antenna power.

KWLC — Luther College, Decorah, Iowa. — Modification of con¬
struction permit (B4-P-3003) requesting 1249 kc. under

344 — April 11, 1941

NARBA and extension of commencement and completion
dates.

WPAX — H. Wimpy, Thomasville, Ga. — Authority to determine
operating power by direct measurement of antenna power,

1250 Kilocycles

WTMA — Atlantic Coast Broadcasting Co., Charleston, S. Car. —
Modification of construction permit (B3-P-2985) for
changes in directional antenna system, 1250 kc. under
NARBA, and extension of commencement and completion
dates.

KTMS — News-Press Publishing Co., Santa Barbara, Calif. — Au¬
thority to determine operating power by direct measure¬
ment of antenna power.

1310 Kilocycles

KFBB — Buttrey Broadcast, Inc., Great Falls, Mont. — Modifica¬
tion of construction permit (B5-P-2920) for changes in
directional antenna for night use and 1310 kc. under
NARBA.

1320 Kilocycles

WEBC — Head of the Lakes Broadcasting Co., Duluth, Minn. —
Modification of construction permit (B4-P-2821) for
changes in directional antenna system for night use and
request 1320 kc. under NARBA.

1330 Kilocycles

WHBL — Press Publishing Co., Sheboygan, Wis. — Construction
permit to increase power from 250 watts night, 1 KW
daytime to 1 KW day and night and install directional
antenna for night use. Amended: To request 1330 kc.
under N.ARBA and changes in directional antenna.

1340 Kilocycles

KHMO — The Courier-Post Publishing Co., Hannibal, Mo. — Modi¬
fication of construction permit (B4-P-1011) requesting ap¬
proval of transmitter and studio sites and antenna.

WIZE — Radio A'oice of Springfield, Inc., Springfield, Ohio. — Au¬
thority to determine operating power by direct measurement
of antenna power.

WCLS — WCLS, Inc., Joliet, Ill. — License to cover construction
permit (B4-MP-824) for changes in equipment and increase
in power on 1340 kc.

1350 Kilocycles

NEW — Rock Hill Broadcasting Corp., Rock Hill, S. Car. — Con¬
struction permit for new standard broadcast station to be
operated on 1350 kc., 250 watts, daytime hours of operation.

1360 Kilocycles

KGB — Don Lee Broadcasting System, Inc., Los Angeles, Calif. —
Authority to determine operating power by direct measure¬
ment of antenna power.

KMO — Carl E. Haymond, Tacoma, Wash. — Modification of con¬
struction permit (B5-P-2707) to install new transmitter,
make changes in antenna, specify 1360 kc. under NARBA
and extend commencement and completion dates.

1370 Kilocycles

WFEA — New Hampshire Broadcasting Co., Manchester, N. H. —
Modification of construction permit (Bl-P-2730) for changes
in directional antenna and 1370 kc. under NARBA.

1380 Kilocycles

WTSP — Pinellas Broadcasting Co., St. Petersburg, Fla. — Authority
to determine operating power by direct measurement of
antenna power.

1400 Kilocycles

WDWS — The Champaign News-Gazette, Inc,, Champaign, III. —
.Authority to determine operating power by direct measure¬
ment of antenna power.

KFRU — KFRU, Inc., Columbia, Mo. — Authority to determine
operating power by direct measurement of antenna power.

KMAC — W. W. McAllister and Howard W, Davis d /b as Walmac
Co., San Antonio, Texas. — Authority to determine operating
power by direct measurement of antenna power.

KICA — Western Broadcasters, Inc., Clovis, N. Mex. — Construction
permit to change frequency from 1370 kc. to 1210 kc.,
increase power from 100 watts to 250 watts and install new
equipment. Amended: To request that application be con¬
tingent on grant of KFYO’s application (B5-P-245S).

KENO — Nevada Broadcasting Co.. Las Vegas, Nevada. — Construc¬
tion permit to move transmitter and studio to El Rancho
Vegas, Las Vegas, Nevada.

WHYN — The Hampden-Hampshire Corp., Holyoke, Mass. —
License to cover construction permit (Bl-P-1701) as modi¬
fied for new standard broadcast station.

WHYN — The Hampden-Hampshire Corp., Holyoke, Mass. — Au¬
thority to determine operating power by direct measurement
of antenna power

KORN — Nebraska Broadcasting Corp, Fremont, Nebr. — Modifi¬
cation of license to move main studio locally.

WDAS — WDAS Broadcasting Station, Inc., Philadelphia, Penna. —
Authority to determine operating power by direct measure¬
ment of antenna power.

WBNY — Roy L. Albertson, Buffalo, N. Y. — Authority to determine
operating power by direct measurement of antenna power.

KONO — Eugene J. Roth, tr. as Mission Broadcasting Co., San
Antonio, Texas. — Authority to determine operating power
by direct measurement of antenna power.

1410 Kilocycles

WKHB — WKHB, Inc., LaCrosse, Wise. — Modification of construc¬
tion permit (B4-P-2733) to install new transmitter, make
changes in directional antenna system specify 1410 ke.
under NARBA and extend commencement and completion
dates.

NEW — Nashville Radio Corp., Nashville, Tenn. — Construction per¬
mit for new standard broadcast station to be operated on
1380 kc., 1 KW, unlimited time, directional antenna.
Amended to request 1410 kc. under NARBA and changes
in directional antenna.

1450 Kilocycles

WCBS — WCBS, Inc., Springfield, Ill. — Construction permit to
change frequency from 1450 kc. to 1170 kc., increase power
from 250 watts to 1 KW night, 5 KW daytime, install new
transmitter, directional antenna for day and night use and
move transmitter to near Springfield, Ill.

KW.VL — Chester Howarth and Clarence Berger, Wallace, Idaho. —
Voluntary assignment of license to Silver Broadcasting Co.

WNOE — WNOE, Inc., New Orleans, La. — Authority to determine
operating power by direct measurement of antenna power.

KRLH — Clarence Scharbauer, Midland, Tex. — Modification of con¬
struction permit (B3-P-2981) to change frequency from
1450 kc. to 1230 kc. and extend commencement and com¬
pletion dates.

WKIP — Poughkeepsie Broadcasting Corp., Poughkeepsie, N. Y. —
Authority to determine operating power by direct measure¬
ment of antenna power.

WFPG — Neptune Broadcasting Corp., Atlantic City, N. J. — Au¬
thority to determine operating power by direct measurement
of antenna power.

KFIZ — Reporter Printing Co., Fond du Lac, Wise. — Construction
permit to install new" transmitter and increase pow'er from
100 watts to 250 watts. Amended re changes in antenna.

1490 Kilocycles

KDB — Santa Barbara Broadcasters, Inc., Santa Barbara, Calif. —
■Authority to determine operating pow’er by direct measure¬
ment of antenna power.

WOPI — Radiophone Broadcasting Station WOPI, Inc., Bristol,
Tenn. — Authority to determine operating power by direct
measurement of antenna power.

WWSW — Walker & Downing Radio Corp., Pittsburgh, Pa. — .'\u-
thority to install automatic frequency control equipment
in auxiliary transmitter.

1520 Kilocycles

KOM.A. — KOM.V. Inc., Oklahoma City, Okla. — .4uthority to de¬
termine operating power by direct measurement of antenna
pow'er.

KOM,^ — KOM.\, Inc., Oklahoma City, Okla. — Authority to install
automatic frequency control equipment.

• 1590 Kilocycles

NEW — Hugh McClung, Fresno, Calif. — Construction permit for
new standard broadcast station to be operated on 1590 kc.,
5 KW, unlimited time.

1600 Kilocycles

WCNW — Arthur Faske, Brooklyn, N, Y. — Authority to install
automatic frequency control equipment.

FM APPLICATION

NEW — Boston Edison Co., Boston, Mass. — Construction permit
for a new high frequency broadcast station to be operated
on 44700 kc., coverage 6,930 square miles, population
3,075,927.

MISCELLANEOUS APPLICATIONS

NEW — Capitol Broadcasting Co., Inc., Schenectady, N. Y. — Con¬
struction permit for a new STL broadcast station to be
operated on 331000 kc., 50 watts, special emission for fre¬
quency modulation. To be used with W47A.

KGEI — General Electric Co., San Francisco, Calif. — Modification
of construction permit (B5-PIB-24) requesting change in
transmitter site to near Belmont, Calif., and extension of
commencement and completion dates.

KRCO — Columbia Broadcasting System, Inc., Portable-Mobile,
in area of Los Angeles, Calif. — License to cover construc¬
tion permit (BS-PRE-377) for a new relay broadcast
station.

FEDERAL TRADE
COMMISSION ACTION

COMPLAINTS

Federal Trade Commission has alleged unfair compe¬
tition against the following firms. The respondents will
be given an opportunity to show cause why cease and
desist orders should not be issued against them.

Beiigor Products Company — Charging misrepresentation in the
sale of medicinal preparations, a complaint has been issued against
Ben Gordon and Louis Gordon, trading as Bengor Products Co.
and as Golf Products Co., 878 Broadway, New York. The re¬
spondents sell two preparations, one known as “Dupree Pills” and
as “Dr. Gordon’s Single Strength Pills”, and the other as “Dupree
Pills Double Strength” and "Dr. Gordon’s Double Strength Pills”.

According to the complaint, the respondents, in catalogs and
advertising matter circulated in various States, represented their
preparations as constituting competent treatments for amenorrhea
and dysmenorrhea, when such are not the facts.

The complaint further alleges that the respondents disseminated
false advertisements in that they failed to reveal therein that use
of their preparations under customary conditions or under condi¬
tions prescribed in the advertisements, may result in serious injury
to health.

According to the complaint, the respondents’ preparations contain
certain drugs in such quantity that use of the preparations under
the customary or prescribecl conditions may result in gastro¬
intestinal disturbances and other conditions leading to serious in¬
jury. (4479)

Green Supply Company — Complaints charging the use of lot¬
tery methods in the sale of merchandise have been issued against
Perce P. Green and Howard Rand, trading as Green Supply Co.,

April 11, 1941 — 345

National Merchandising Co. and National Supply Co., 282 Sexton
Building, Minneapolis, and against Little Rock Tent & Awning Co.,
a corporation also trading as Tuf-Nut Garment Manufacturing Co.,
Little Rock, Ark.

The complaint against the Minneapolis respondents Green and
Rand charges them with furnishing devices and plans involving
lottery methods for use in connection with the sale and distribution
of their products. According to the complaint, the respondents
sell fishing tackle, silverware, rifles, garments, blankets, radios and
other merchandise.

The Little Rock Tent & Awning Co., according to the complaint,
is a manufacturer of work garments which it allegedly has sold to
dealers by means of a method which involves the use of a lottery
scheme when the garments are sold and distributed to consumers.
(4480-4481)

CEASE AND DESIST ORDERS

The Commission has issued the following cease and
desist orders:

F'iiik & Co., IiU'., 151 West Fortieth St., New York, has been
ordered to cease and desist from misrepresentations in the sale of
vitamin preparations designated “Mi-Vit-Ine” and “Vi-Min-Ex”,
and "Muriel Joan Beautifier’’, a cosmetic preparation.

The Commission order directs the respondent to cease dissemi¬
nating advertisements which represent that Mi-Vit-Ine is a cure,
remedy, or competent treatment for lowered vigor and vitality,
constipation, colitis, stomach disorders, neuritis, or nerve disorders;
that it is a dietary corrective or is composed of a different kind of
wheat germ, or that the preparation has any therapeutic value in
the treatment of alcoholism in excess of stimulating the appetite,
which may have been affected by reason of overindulgence.

The respondent is further ordered to cease representing that
Vi-Min-Ex is a cure, remedy or competent treatment for colds,
constipation, spastic colitis, digestive disorders, neuritis, nerve dis¬
orders, anemia, loss of appetite and weight, lowered vigor and
vitality, or tooth decay, or that this preparation, under conditions
of use, will supply all the essential vitamins and minerals required
by the body, or that it constitutes the best source for the supply
of such minerals and vitamins.

The order also directs that the respondent discontinue repre¬
senting that Muriel Joan Beautifier will beautify or transform the
face, cause skin blemishes, pimples or blackheads to disappear, or
bring about a beautiful complexion, or that this preparation has
any properties which would cause blemishes or other skin condi¬
tions to disappear, or have any other permanent effect upon any
skin condition. (3890)

Hubiiiger Co., Keokuk, Iowa, has been ordered to cease and
desist from price discriminations in violation of the Robinson-
Patman Act in the sale of glucose or corn syrup unmixed, one of
the principal raw materials used in making candy, and in the sale
of gluten feed, a corn syrup by-product.

Between July 25, 1937, and the present time, according to Com¬
mission findings, the respondent sold corn syrup in certain cities
other than Chicago at higher delivered prices per hundredw'eight
than it sold such syrup in containers of like size and type to
Chicago purchasers.

The Commission findings include several tables illustrating the
extent to which price differentials made more than due allow'ance
for differences in cost of delivery. These tables show, for example,
that although the freight rate from the respondent’s plant at Keo¬
kuk, Iowa, to Zion, Ill., w'as five cents more per hundredweight
than the rate from Keokuk to Chicago, purchasers at Zion were
charged eight cents more per hundredweight for syrup than were
Chicago purchasers. Likewise, according io the tables, the freight
rate from Keokuk to Fort Worth, Tex., was 53 cents per hundred¬
weight greater than from Keokuk to Chicago but Fort Worth
purchasers were charged 80 cents more per hundredweight for
syrup than were Chicago purchasers.

According to findings, the respondent also discriminated by
selling syrup to certain Chicago and Muskogee, Okla., customers
at prices lower than its prevailing price to other purchasers in those
cities. Also, the findings continue, the respondent, after increasing
its price to the trade generally, discriminated by selling syrup to
some [purchasers, mostly large-scale buyers in Chicago, at the

346— April 11, 1941

former and lower price while concurrently selling syrup of like
grade and quality to others at the new ancl higher price.

According to findings, the respondent discriminated by selling
and delivering corn syrup to purchasers in several types and sizes
of containers at prices per hundredweight which increase over the
tank car price per hundredw'eight according to the size and type of
container. Such increases over the tank car price, the findings
continue, vary from 10 cents per hundredweight in the case of
tank wagons, to $1.08 per hundredweight in five-gallon kegs.

Gluten feed, according to findings, has been sold by the re¬
spondent since January 1, 1939, to nine purchasers at 50 cents a
ton less than the concurrent price which it charged all others for
feed of like grade and quality.

The Commission order directs the respondent to cease and desist
from the discriminations as found, or from similar discriminations.
(3801)

Zeen C'liemical Company — David H. Goldman, trading as Zeen
Chemical Co., 1311 West 11th St., Cleveland, has been ordered to
cease and desist from making misleading representations in the sale
of “Zeen Dry Cleaner”.

Commission findings are that prior to issuance of complaint in
the proceeding, the respondent advertised that Zeen Dry Cleaner
“w'ill moth-proof or de-moth woolen materials in upholstery or
rugs with one operation”, when in fact the product does not reach
deep-seated infestations of moths, unless used according to complete
and specific directions, which were not provided.

Further findings are that the product will not moth-proof fabrics,
and that while it possesses moth-repellent properties, such prop¬
erties, due to evaporation, are gradually diminished and then lost
unless repeated applications are made.

The Commission order directs the respondent to cease repre¬
senting that its preparation will reach deep-seated infestations of
moths, unless directions accompany such representation which will
enable the user to bring the preparation in contact with the moths;
that the product wall moth-proof fabrics or materials; and that it
will de-moth materials in upholstery or rugs, unless such repre¬
sentation is accompanied by the explanation that such result is of
temporary duration only and must be repeated at proper intervals.

The order also prohibits the representations that Zeen Dry
Cleaner cleans and removes all types of spots, stains and all foreign
matter; that it is non-explosive, except that the respondent is not
prohibited from representing that its preparation is non-explosive
if kept away from fire or flame, and that the product is us.ed
exclusively by leading furniture and department stores every¬
where. (3995)

Vitapliore Appliances, Iiic., South Bend, Ind., has been ordered
to cease and desist from misrepresentation in the sale of “Vibra-
therm”, a heat and massage device.

The Commission order directs the respondent to cease dissemi¬
nating advertisements which represent that the use of Vibratherm
constitutes a cure or remedy for prostatitis, or that the device
has therapeutic value in treating prostatitis in excess of furnishing
temporary relief from the symptoms of pain where the local appli¬
cation of heat is indicated.

The respondent is further ordered to desist from representing that
use of the device constitutes a remedy or effective treatment for
bladder weakness, backache, headache, arm, leg or foot pains,_ or
nervousness; has therapeutic value in the treatment of hemorrhoids,
constipation, or sexual decline, or provides a cure or remedy for
certain women’s disorders or has therapeutic value in their treat¬
ment. (3884)

STIPULATIONS

Following stipulations have been entered into during
the past week by the Commission:

American Ozone Company — Chris F. Dejonge, trading as
.American Ozone Co., Zeeland, Mich., has entered into a stipulation
to cease and desist from certain representations in the sale of so-
called ozone generating machines.

According to the stipulation, the respondent assembles parts ob¬
tained from the manufacturers into the conqfleted machines of

three different models, two of which are designed for use in
hatchery or poultry houses.

The respondent stipulates that he will cease employing any
representation the effect of which tends to convey the impression
that use of any one of the machines in poultry houses would con¬
tribute to the development and health of the birds therein or that
the machine would generate sufficient ozone to have any germicidal
effect. (30SS)

lialdwin IMiisio Company — C. J. Richardson, trading as Bald¬
win Music Co., Shreveport, La., has entered into a stipulation in
which he agrees to cease making certain representations in the sale
of pianos. The respondent agrees to desist from representing that
new or used pianos, which are not in fact repossessed, are instru¬
ments which, having been previously sold uncler deferred payment
or other plan, have been repossessed because of inability of the
purchasers to meet the payments thereon or for any other reason,
or that such instruments are being sacrificed for balances due or
at reduced prices. (30S8)

Fairystoiie Manufacturing Co. — Ray G. Maloney, trading as
Fairystone Manufacturing Co., and Willard J. Dungan and .\rthur
E. Maloney, trading as Fairystone Distributing Co., 626 United
•Artists Building, Detroit, have entered into stipulations in which
they agree to cease representing that their emollient cream “Fairy¬
stone” is an “absolute sunburn protection” and that it filters out
the burning or ultra-violet rays of the sun and permits other sun
rays to gain access to the skin. The respondents also agree to cease
representing, unqualifiedly, that their preparation will effectively
cover or conceal scars, birthmarks or other skin blemishes, and to
discontinue representing that by its application users will look
years younger. The respondents further stipulate that they \yill
cease making statements tending to create the impression that
their preparation is an effective treatment or competent remedy
for pimpled or blotched skin. (3057)

Grace McLendon's Hair Products — Trading as Grace McLen¬
don’s Hair Products, Grace McLendon, 904 Wesley Ave., Pleasant-
ville, N. J., entered into a stipulation in which she agrees to cease
advertising that “Mme. Grace McLendon's Hair Grower” will stop
falling hair, remove dandruff, prevent hair from turning gray,
restore gray hair to its natural color, or cause hair to grow. The
respondent also stipulates that she will desist from representing by
use of the words “Hair Grower” in the designation of her prepara¬
tion, that it will grow hair. (02761)

Handcraft Bedding Corporation, 887-889 Niagara St., Buffalo,
mattress manufacturer, stipulated that it will cease using or sup¬

plying to others for their use labels which bear any fictitious or
misleading price representation purporting to be the retail sales
price of a product but which, in fact, is in excess of the customary-
retail price. According to the stipulation, the respondent labeled
certain mattresses sold to retailers with the price of $22.50 which
was much in excess of the usual retail price. (3054)

Keliahle IMattress Co., 2028 Walnut St., St, Louis, has entered
into a stipulation in which it agrees to cease making certain
representations in the sale of mattresses.

The respondent corporation agrees to cease representing by use
of the words "New Materials” or other words of similar meaning,
that a mattress or mattress filling made in whole or in part from
old, used or second-hand materials is new or is made entirely from
new materials. The stipulation provides that if the mattress or
filling is composed in substantial part of new materials the word
“new”, if used as descriptive of such new materials, shall be
accompanied by other words in conspicuous type to indicate clearly
that the mattress or filling is not made entirely from new materials.

The respondent further stipulates that it will discontinue em¬
ploying the term “100% Cotton Linters” as descriptive of a mat¬
tress the filling of which is not made wholly from cotton linters.
The respondent agrees to cease stating, when a mattress is made
in whole or in part from old, used or second-hand material, but
that fact is not properly disclosed, that such mattress complies with
any State law requiring such disclosure. (3059)

Ij. So'.mehorn Sons, Inc., 88 Lexington Ave., New York, en¬
tered into a stipulation in which it agrees to cease making certain
representations concerning its product “Lignophol”, designed to be
used as a wood finish and preservative. The respondent agrees to
cease making representations, pictorial or otherwise, the effect of
which tends to convey the impression that the product’s penetrative
quality, when applied to a wood surface, is in excess of what is
actually the fact. According to the stipulation, the respondent’s
preparation, when applied over the surface of wood flooring, would
not penetrate practically therethrough, as indicated in the respond¬
ent’s advertising illustration. (3056)

St. Clair Company — V. H. Bean and M. C. Bean, trading as
St. Clair Co., Findlay, Ohio, have entered into a stipulation in
which they agree to cease representing that “Shur-Deth”. a rat¬
killing preparation, will drive rats and mice outside to die; is the
most effective raticide known ; is the original preparation of rat
foods in combination with red squill, and is recommended by the
United States Department of Agriculture. The stipulation recites
that the respondents’ representations are not in accord with the
facts. (02760)

April 11, 1941 — 347

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1626 K STREET, N. W.

WASHINGTON, D. C.

Vol. 9, No. 16, April 18, 1941

THE WEEK IN WASHINGTON

Neville IMiller clarifies the ASCAP situation as of this
week. (p. 349).

The program for the NAB’s St. Louis convention, May
12-15, is beginning to take form, and promises to be most
interesting, (p. 350).

Frank King, WMBR, was elected director at a District
5 meeting in Jacksonville, Fla. (p. 351).

Ohio State University’s annual institute for educa¬
tion by radio will be held May 4-7 in Columbus. The
Third National Conference on Consumer Education dis¬
cussed broadcasting at length at its Columbia, Mo., meet¬
ing April 7-9. (pp. 351-352).

Advertising agencies will be asked to return audition
transcriptions to stations on account of the threatened
aluminum shortage, (p. 352).

The NAB Labor Committee expresses an opinion on
employment, (p. 352).

Sales managers should attend their district meetings
before the NAB convention. Aviation schools are good
business prospects, (p. 352).

Hit songs by newcomers are BMI specialties. ( p. 3 5 5 ) .

The FCC authorized consolidation of four Brooklyn
stations, (p. 356).

The ASCAP Situation

Neville Miller today made the following statement:

The number of inquiries we have been receiving with
respect to negotiations with ASCAP suggests that a clari¬
fication of the situation may be helpful.

Last November, I wrote to Fred Waring to the effect

that if ASCiAP would present definite proposals based
upon the per-program plan, I would immediately present
same to the Board of the NAB. No such proposals were
ever received from ASCAP.

ASCAP signed its Consent Decree on February 26 of
this year. Immediately thereafter I wrote Air. Buck
reminding him that ASCAP was now in a position to
withdraw the contract submitted to broadcasters last
March and which was now illegal under the terms of the
Consent Decree, and to submit instead a new proposal
in conformity with the terms of the Consent Decree. I
urged Air. Buck to submit such a proposal to the industry,
and I volunteered to call a meeting of the Board of Direc¬
tors of the NAB to consider it.

On Alarch 4th, Air. Buck wrote me a letter which
indicated that he had the mistaken notion that the entire
broadcasting industry had delegated the National Asso¬
ciation of Broadcasters as its negotiator and that the NAB
was authorized to sign contracts on behalf of the industry.

I wrote Air. Buck on Alarch 6th that he was mistaken
in thinking that the NAB had taken over the rights of
individual broadcasters, but that if it would be helpful
to him and his associates I would be delighted to ask the
Board of Directors of the Association to appoint a com¬
mittee to sit with ASCAP to assist it in formulating the
proposals which it wished to submit to individual broad¬
casters.

Air. Buck answered on Alarch 7th, requesting that such
a committee be appointed. Accordingly, I called a meet¬
ing of the Board of Directors of the NAB to be held in
New York on Alarch 17-18. I wrote Air. Buck on Alarch
10th, telling him I w'as doing this, and again pointed out
that I thought it would be unfortunate to bring from
every part of the United States the twenty-six members

(Continued on page 350)

You Can’t Afford to Miss the NAB Convention

May 12, 13, 14, 15

New Jefferson Hotel St. Louis

April 18, 1941 — 349

Neville Miller. President C. E. Arney, Jr., Assistant to President

Edward M. Kirby, Director of Public Relations; Joseph L. Miller.
Director of Labor Relations ; Frank E. Pellegrin, Director of
Broadcast Advertising ; Paul F. Peter, Director of Research ;
Russell P. Place, Counsel; Lynne C. Smeby, Director of Engineering

THE ASCAP SITUATION
(Continued from page 349)

of the Board without bein" able to lay before them for
consideration an outline of the alternative bases of licens¬
ing which ASCxAlP’s Consent Decree required it to offer.

No such proposals were received from ASCAP to present
to the meeting of the NAB Board. The Board, as re¬
quested by ASCAP, appointed a committee and a meet¬
ing with the ASCAP committee was immediately ar¬
ranged for March 20th. .At that meeting, ASCAP again
failed to present any proposals, but at the close of the
meeting, .ASChAP agreed to prepare proposals in accord¬
ance with the requirements of the Consent Decree and
to submit same to the NxAB Committee for consideration.
It was indicated that the proposals would be ready with¬
in a week or ten days.

Twelve days later, .April 1st, John Paine came to my
office in New York and stated that the ASC.AP Committee
not only did not have any proposals to present for con¬
sideration by the NAB Committee, but had decided that
instead of having a further meeting with the N.AB Com¬
mittee, .ASCAP desired to discuss the question individu¬
ally with the networks. I pointed out to Mr. Paine that
the NAB Committee had been appointed at .ASCAP’s re¬
quest, that I would be glad to call a meeting of the Com¬
mittee to consider any proposals, and that I thought it
would be in the best interests of all concerned for ASC.AP
to comply with the Consent Decree by formulating com¬
plete proposals. I further pointed out to Mr. Paine that
any proposal which was made to the networks in con¬
templation of clearance at the source would naturally
be dependent upon contribution by affiliates and that
i:)robably no affiliate would be willing to commit itself
regarding network programs until it knew what would be
the ASCAP proposal as to its local business. That, there¬
fore, I thought ASCAT’ would eventually have to make
a complete proposal and that his present plan would result
only in delay.

I further stated that I was sure that the networks
would meet with ASC.AP if requested. It is the opinion
of all lawyers that such individual meetings should be
held if requested by .ASC.AP.

Mr. Paine stated that .ASCAP had already held a meet-

350— April 18, 1941

ing with 'Mutual and would seek a meeting with NBC
and a meeting with CBS within the next few^days.

.ASC.AP held a meeting with representatives of CBS
and CBS affiliates on Thursday, .April 10th, and a meet¬
ing with representatives of NBC and NBC affiliates was
held on Tuesday, .April 15th. Aleetings have also been
held with representatives of Alutual.

I regret that .ASCAP has not as yet formulated any pro¬
posals in accordance with the terms of the Consent Decree,
in spite of the many requests which have been made for
such proposals.

The industry will be kept advised of developments.

Convention Program Shapes Up

The program for the Nineteenth Annual NAB Conven¬
tion, Hotel Jefferson, St. Louis, May 12-15, is beginning
to take form. While no definite announcement as yet can
be made with reference to speakers, outstanding figures
are assured as participants upon the program. National
defense, the music situation. Government and public
relations of the industry, labor matters, and problems
of the commercial phases of broadcasting will all come in
for treatment.

Alonday, Alay 12, is registration day, with the Golf
Tournament — competition for the BRO.ADCASTING
Magazine trophy — in the afternoon at the Sunset Hill
Country Club.

At the Tuesday morning business session, President
Aliller will submit his annual report, along with those of
the various Directors of the Departments of the Associa¬
tion. By-Law amendments will be submitted and voted
upon. Then follows the discussion on national defense
in which, among others. Major General Robert C. Rich¬
ardson, Jr., Public Relations Director of the Army is
definitely scheduled to participate. The speaker for the
noon luncheon has not yet definitely been decided.

The afternoon of Tuesday will be given over to the
meetings of the IRNA, NIB and Sales Alanagers groups,
and the clear, regional and local channel stations.

Wednesday will be entirely devoted to the discussion of
music matters, with President Miller, Sydney Kaye, Vice
President and Counsel, A'lerritt Tompkins, General Man¬
ager and Carl Haverlin, Director of Station Relations, all
of BMI participating. In the late afternoon a session of
the FAI broadcasters will be held.

On Thursday, the morning program will consist of a
discussion of the aims and policies of the recently re¬
organized Department of Broadcast Advertising, the
commercial sections of the Code, the unit plan of volume
measurement and other commercial problems. Colonel
Willard Chevalier, publisher of BUSINESS WEEK, a

iMcGraw-Hill publication, and a recognized authority on
the subject of advertising, will feature the session with a
half-hour talk on some subject having to do with the place
of advertising in the national emergency.

.At the noon session a speaker from the industry will
summarize the industry’s problems and in the afternoon,
labor will be the topic of discussion. Then will follow the
election of Directors-at-Large and the expressions of choice
on the part of the membership as to the site of the 1942
convention. These latter two are contingent upon the
passing at the Tuesday meeting of amendments covering
those subjects.

In the evening the annual banquet will be held in the
Gold Room of the Jefferson Hotel. The entertainment
for this banquet is being jointly arranged by CBS, MBS
and NBC with the cooperation of the St. Louis broad¬
casters, under the direction of Merle Jones, General Chair¬
man. A lively, varied show is assured with radio person¬
alities participating.

ST. LOUIS BROADCASTERS LAY PLANS

Alerle Jones, KMOX, General Chairman of the St.
Louis Broadcasters’ Committee, coordinating local ac¬
tivity in connection with the Nineteenth Annual NAB
Convention to be held in St. Louis, May 12 to 15, reports
a most enthusiastic meeting of all his committeemen at
the Jefferson Hotel on Monday, April 14.

.All of the St. Louis broadcasters have displayed a
remarkable spirit of cooperation and in so far as it is
possible, the every wish of those who will be in attendance,
both men and women, has been anticipated.

The hotel reservation situation was thoroughly dis¬
cussed and it was revealed that the advance reservations
far exceed those of any previous NAB convention. The
headquarters hotel, the New Jefferson, will undoubtedly
be crowded to the roof and other St. Louis hotels will
enjoy a splendid business.

The St. Louis merchants are cooperating in providing
entertainment for the ladies. The Golf Tournament ar¬
rangements have been perfected and in fact, every detail
has now been cared for.

The St. Louis Convention and Publicity Bureau, under
the able direction of F. H. Rein, general manager has
rendered every possible assistance. All in all, this Nine¬
teenth Annual Convention promises to be a most success¬
ful one.

Following is a complete list of the St. Louis broad¬
casters’ committees;

General Chairman

Merle S. Jones, KMOX.

General Committee

Chairman, Merle S. Jones, KMOX; L. A. Benson, WIL; George
M. Burbach, KSD ; Rev. W. A. Burk, WEW ; Robert T. Convey,
KVVK; John C. Roberts, Jr., KXOK; William H. West, WTMV.

Entertainment and Reception Committee

Chairman, William H. West, WTMV; Robert T. Convey, KWK;
Nicholas Pagliara, WEW; Chester G. Renier, KMOX; Bart Slat¬
tery, WIL.

E.xhibits Committee

Chairman, Clarence G. Cosby, KXOK; L, A. Benson, WIL;
Edward W. Hamlin, KSD.

Golf Committee

Robert Richardson, Jr., KWK, and J. Roy Stockton, KSD.

Housing Committee

Chairman, Ray E. Dady, KWK; Rev. W. A. Burk, WEW;
.Arthur Casey, KMOX; Frank Eschen, KSD; Elzey Roberts,
KXOK.

Publicity and Public Relations Committee

Chairman, George M. Burbach, KSD; Luther L. Hill, KSO;
John C. Roberts, Jr., KXOK; Vernon H. Smith, KOWH.

DISTRICT 5 MEETING

With the holding of the District 5 meeting at Jackson¬
ville on Friday, .April 11, the series of District meetings
required by the By-Laws was completed.

All three of the states in the Fifth District, Florida,
Georgia and Alabama, were well represented. Unfortu¬
nately none were present from Puerto Rico which also is
within that District.

A most interesting discussion of industry problems, in¬
cluding music was held. Carl Haverlin of BMI led the
discussion on the music problem and C. E. Arney, Jr.,
represented the NAB staff.

Frank King, WMBR, Jacksonville, was chosen for the
two-years Director’s term succeeding Walter Tison of
WFL.A, Tampa. The meeting heartily endorsed the work
of BMI and urged continued support of it by the broad¬
casters.

Following the election, the Sales Managers of the Fifth
District held an interesting meeting presided over by
Norman AlacKay, WQ.AM, Miami, Chairman of the
Fifth District Sales Managers Committee.

The following attended the meeting:

Don loset, Maurice C. Coleman, WAGA; Ed Lord, WALB;
Thad Holt, Ed Norton, WAPI; J. M. Comer, Jr., WATL; Jack
Williams, John J, Tobola, WAYX ; J, C. Bell, WBRC; H. G.
Wells, Jr., WCO.A; Bill Covington, R. B. Raney, WCOV; Ralph
Nicholson, L. S. Mitchell, WD.AE; L. J. Duncan, WD.AK; Harold
P. Danforth, WDBO; Walter Tison, WFLA; Glenn Marshall, Jr.,
WFOY ; J. W. Woodruff, Jr., WGPC; Harry E, Cummings,
WIOD; John Hopkins, Evelyn Boote, WJAX; H. G. Wells, Jr.,
WJHP; George A. Hazlewood, WLOF ; “Red” Cross, WM.AZ;
Frank King, WMBR; W. Wright Esch, WMFJ; John F. Pidcock,
WMG.A; H. Wimpy, WPAX; Fred Mizer, Norman MacKav,
WQAM; J. W. Woodruff, Jr., J, A. Davenport. WRBL; W. R.
Ringson, WRDW ; Happy Quarles, WRGA; Francis Kearney,
WRUF ; John M. Outler, Jr., WSB ; Howard E. Pill, John B.
DeMotte, WSF.A; Henry Johnston, WSGN ; Jerry A. Wigley,
WSUN; Marjorie Willis, Weldon Heiner, WTQC.

C. O. Langlois, John Langlois, Lang-Worth Feature Programs,
Inc.; D. A. Reesor, RCA; Herbert Denny, Standard Radio; Carl
Haverlin, BMI; H. R. Mason, Associated Press; Leonard D. Calla¬
han, SESAC ; Andrew W. Bennett, Attorney.

OHIO STATE EDUCATION
CONFERENCE MAY 4-7

Ohio State University’s Twelfth Institute for Educa¬
tion by Radio will be held at the Deshler-Wallick Hotel,

April 18, 1941 — 351

Columbus, May 4-7, with “radio in the current crisis”
the theme of the meeting.

A record number of broadcasters attended last year’s
institute, and were enthusiastic about it. The NAB hopes
that an even larger number can attend this year.

George V. Denny, Jr., moderator of Town Hall of the
Air; Dorothy Lewis, vice chairman of the Radio Council
on Children's Programs; Paul White, director of news
broadcasts for CBS; Leonard Power of the FREC; Walter
G. Preston, Jr., manager of NBC’s Public Service Pro¬
gram Division; Ed Kirby, War Department, and Neville
Miller are a few of the many prominent radio authorities
scheduled to speak or conduct meetings.

A complete program may be had on request at the
NAB.

CONSUMER MEETING

The Third National Conference on Consumer Educa¬
tion held at Stephens College in Columbia, Missouri,
April 7-9.

Since the conference was purely educational, most of the dis¬
cussions were confined to ways and means of disseminating Con¬
sumer material and the use of “National Defense,” as the means
to an end. Advertising methods were discussed very little, but
when they were brought up, they were attacked not from the
“over” Advertised angle, but the “under” Advertised angle; E. I.
a breakfast food advertises protein content, but a human would
have to eat one-tenth of his weight of this breakfast food to get
enough proteins for a normal day.

It was the concensus in the radio discussions that a Consumers’
program must be sustaining, that any attempt to commercialize
a Consumer’s program would completely destroy it’s value.

Exclusive of the above, the conference attempted to set up
machinery to spread Consumer information. “Since radio stations
devote approximately 50% of their time to programs of a public
service nature, the Institute for Consumer Education should use
a great percentage of that.” Daily and weekly market reports
should be broadcast both on networks and local stations inform¬
ing the public of the unwarranted rise in prices, reports on the
National Defense Program, and the broadcasts of unethical busi¬
ness practices and principles in the line of National Defense. New
techniques should be found to reach the listeners in the lower
income bracket, possibly thru the “Soap Opera” medium. Ma¬
terial from the Institute of Consumer Education should be organ-
izerl nationally and sent to local groups interested in such ma¬
terial. These local groups, Federated Women’s Clubs, Better Busi¬
ness Bureaus, etc., would, in turn, request time on local stations
for broadcasts in the Institute interest.

Charles Berry’s National Defense talk on the National Farm and
Home Hour was commended, and it was suggested in the Keith
Tyler discussion that the National Broadcasting Company should
be approached and requested to use more Consumer Material, and
incorporate market reports on commercial products during the
National F'arm and Home Hour.

In the consumer group, radio is recognized as the best medium
for Consumer Education, and on the strength of the programs
now on the air of the General Federated Women’s Clubs, the
further use of independent radio stations for consumer education
programs is urged.

352 — April 18, 1941

ALUMINUM DISCS

In the NAB Reports (p. 265), reference was made to
the possible effect of defense priorities upon available
aluminum for the making of radio transcriptions. Some
stations express apprehension lest this problem may be¬
come acute if proper steps are not taken.

One forward looking operator writes:

“Would it not be appropriate to appeal to advertising agencies
to go through their piles of transcriptions that stations have sent
them as samples of different programs, air checks, and so on, and
ask their return to the respective stations as determined by the
labels thereon. The stations can get an equal number of new
recording blanks for the old ones they send in to the disc manu¬
facturers. In this way the supply to the stations is assured, with¬
out interfering with defense needs for aluminum. This, of course,
would only apply to the acetate type of blank which has an
aluminum base. If stations can get their used blanks back we
can probably keep going indefinitely, but with a constant outgo
and no new stock available, we are all going to suffer from this
shortage.”

This is a good suggestion and we commend it to the
attention of all station managers.

Labor

JOB CHANGES

The NAB Labor Committee believes that stations em¬
ploying members of other stations’ staffs should require
them to give due notice to their old employers before
leaving.

The committee emphasizes that it believes broadcasting
employees should have absolute and unrestricted oppor¬
tunity for self-advancement. Nevertheless, it appears to
be only fair that due notice be given by employees before
leaving their jobs — and that this notice be required by
the new employers.

The Labor Committee expresses this opinion in the
light of information that some stations have been hard
hit when their employees left for better jobs without
adequate notice, to fill jobs made vacant in other stations
by the departure of men for selective service or reserve
officer duty.

Sales

SALES MANAGERS’ MEETINGS

In all districts where they have not already been held,
meetings of the Sales Managers’ Division have been
scheduled for some date before the NAB convention.

Station managers are urged to be represented, either in
person if they direct sales, or by their sales manager.

Under the general chairmanship of E. Y. Flanigan of
WSPD, Chairman of the Sales Managers’ Executive Com¬
mittee, an agenda has been supplied to each division
chairman listing a number of topics of the greatest con¬
cern to executives in charge of sales. Your presence is
required not only for the contributions you can make to
the discussions of these serious problems, but also for
the good you can derive from them.

AVIATION SCHOOLS GOOD PROSPECTS

If you are not now getting your share of business from
trade and mechanical schools that can prepare young
men for jobs as aviation mechanics, we suggest that you
lay the groundwork for some of this business as soon as
possible.

Through the cooperation of many radio stations, thou¬
sands of recruits were secured for the flying corps of the
army and navy. Congress has appropriated money for
the construction of thousands of planes. Now the chief
need is for mechanics and ground crews. At present the
navy is soliciting aviation machinists for their 10,000
ships already appropriated for, and requires that such
recruits be “graduates of an aviation vocational or aviation
trade school.”

The need for machinists will soon be even greater, both
by the army and navy, as well as by aviation manufactur¬
ing companies. One such company is already using radio
to solicit workers, undoubtedly an outgrowth of the suc¬
cess radio stations have had in providing national defense
agencies with 300,000 skilled workers through Civil
Service up to March 1, 1941.

Numerous aviation trade schools already exist, and
most of them already use radio to secure students. How¬
ever, many other types of trade and mechanical schools,
such as diesel engine, air-conditioning, radio and tele¬
vision, etc., could be converted into aviation training
schools and swell their enrollments thereby. Radio sta¬
tions can suggest and cooperate in this effort, and thereby
increase commercial revenue.

SEARS-ROEBUCK BUYS BASEBALL

A departure from usual advertising practice by a Sears-
Roebuck store is the sponsorship of baseball re-creations
over KROY, Sacramento, Calif., for road games of the
Sacramento team, and scores by innings of home games.

RADIO CHECKING SERVICE

Many stations may already be familiar with the newly
organized “National Radio Checking Service, Inc.”, soli¬
citing business from radio advertisers and offering to check
the performance of stations to show the advertiser whether
he is getting the service he is buying or not.

In a promotion piece soliciting shut-ins and others to
do this checking, the company wrote:

“VVe work for the advertisers and that is what we need you for —
to see that the advertiser gets the service he has paid for. Ad¬
vertisers are interested only in the commercial part of their pro¬
grams. They want and insist that this must be right and just as
ordered. Our job is to see that there are no mistakes made by
the station or the announcer.”

It is not within the province of NAB or its member
stations, of course, to deny this company the right to
solicit business from advertisers. But why there should
be any need for such an outside agency, charging a sepa¬
rate fee to the advertiser, is what concerns broadcasters.

This service is available to advertisers without extra
charge from the broadcasters themselves, who keep official
logs and furnish affidavits of performance, as required by
the FCC.

If there have been any abuses in commercial broad¬
casting such as to require advertisers to engage an outside
checking service, the stations should act immediately to
correct them. If errors are reported immediately by the
station, and not charged for or make-goods scheduled,
their interests will best be served in the long run. Other
abuses, such as doubling-up or “backing” of spot an¬
nouncements unless sold on that basis, should also be
corrected.

Money that the advertiser spends for checking up on
radio’s performance of its contract obviously cannot be
spent for more time, and the very need for such a service
(which we deny exists) would constitute a black eye for
the broadcasting industry. Remember that checking
copies of printed media are furnished and need no check¬
up at additional expense.

SUCCESS STORIES NEEDED

An important aim of the N.^B Department of Broad¬
cast Advertising is to serve as a national clearing house
for success stories in all types of business, as well as for
all other effective sales helps. The cooperation of every
broadcaster is required, and this service in turn will be
made freely available to any NAB member whenever
requested.

Therefore please send all available success stories now,
and place this Department on your mailing list to receive
all future success stories and other promotion mailings.

PER-INQUIRY and FREE OFFERS

The moral in the following exchange of correspondence
is, we think, obvious. The matter concerns the Menden¬
hall Mfg. Co., makers of women's hosiery, previously
reported in these columns. Every station manager, sales
manager and credit manager should read it.

April 18, 1941 — 353

The following letter was received this week by the NAB
Department of Broadcast Advertising:

Dear Mr. Pellegrin:

In the NAB Reports of April 11, 1941, page 33S, there appears
an article headed “Advertiser Threatens Suit.”

I think that our experience with this same advertiser, the
Mendenhall Mfg. Company, might prove of interest to NAB and
to all NAB member stations. We would ask, however, that all
references to this station be omitted if you see fit to publicize
our experience.

■About January 16th or I7th, we were approached by the
Mendenhall Mfg. Company for rates and available spot time.
There was no least hint that this company desired P. I. rates and
we had no suspicion that it sought time on a P. I. basis. In our
reply of January I7th, we quoted our rates and available time on
a strictly card rate basis. Replying on January 24th, the Menden¬
hall Company wrote as follows:

Dear Mr. - :

Replying to your favor of January 17th, please enter our order
for 300 announcements of the enclosed continuity at $6.60 each,
to begin at your earliest convenience and to run daily on your
7:40 a. m. spot and Sunday on the 12:59 p. m. spot. Thanking
you, I am,

Very truly yours,

(Signed) Spurgeon Pickering,
Mendenhall Mfg. Company.”

We were not content with this blanket order for the spots and
under date of January 29th, we sent our regular contract with
the times and number of spots clearly stated together with the
unit price. One paragraph of this letter was as follows:

"We are enclosing our contract form made out in duplicate in
accordance with provisions in your letter. Will you please sign
and return both copies; the duplicate will be accepted by this
station and returned to you for your files. Although your letter
is considered our authority to run the announcements, it is a
station policy in all cases to have our contract forms duly signed
in order that we have a permanent record of our mutual under¬
standing in our files.”

We have had a large number of complaints about the non¬
delivery of hosiery to those who sent in letters with the requisite
price and which were forwarded to the Mendenhall Company.
Again and again we urged them to be more prompt in delivery,
at the same time sending our regular weekly bills for their in¬
debtedness to us. .After six weeks, we ceased broadcasting the
spots as we had not been paid. Finally, about two weeks ago,
our manager succeeded in getting Mr. Spurgeon Pickering on the
telephone and told him that unless we had a check within the
next three days we woufil short-rate him and institute suit. Mr.
Pickering promised faithfully that we would have the check. But
no check has been forthcoming. Finally, on .April 9th, we wired
him as follows: “Molding legal summons forty-eight hours. Stop.
Must have check in full for account. Advise Western Union.” Back

came the following answer: “What in the H - do you mean

legal summons. Your city is not place for a summons. I am
not any novice in business. In the first place you had no right
to run my announcements without pulling four returns for each
dollar.”

It scarcely seems worthwhile to institute suit as the case would
have to be tried in Mississippi anrl the court costs, attorney’s fees,
etc., would amount to more than Mendenhall’s indebtedness to
this station, namely ,$277.20. I suppose, therefore, that we shall
have to take the Ijeating.

It seems to me that these and similar cases of bad faith and
crookedness on the part ol advertisers should be handled by some
appropriate dei)artment of N.AB, If some sort of insurance plan

354 — April 18, 1941

under which stations would pay NAB a definite premium were
set up for the conduct of such cases and the prosecution of wrong¬
doers, it would be for the benefit of the whole industry and, at
the same time, estop such practices on the part of unscrupulous
individuals. Had this station management ever suspected that
Mendenhall was a P. I. account, it would not, of course, have
even considered taking the Mendenhall spots.

We would be very much interested in knowing what may be
the ultimate outcome of the case you published in the April 11th
N.AB Reports, page 335. Likewise, we would like your advice as
to procedures other than prosecution by which we might obtain
a part, at least, of what this firm owes us.

Respectfully yours,

(Signed).

NAB replied as follows:

Dear - :

Your letter of .April 14 regarding the Mendenhall Co. poses
some interesting problems which have had the serious study of our
staff members here. Russell Place, NAB Counsel, advises that legal
action would have to be instituted by your attorneys in Mississippi;
that the likelihood of your recovering would be slight, and that the
expenses of legal action would entail further loss. Nevertheless,
you would like to obtain at least part of the money Pickering
owes you, and the only practical suggestion we can offer at this
time is for you to take your record of response on this account,
and submit a bill to Pickering based on four returns per dollar,
since he has already admitted his indebtedness to you on that
basis. Although this would not cover the full amount of your
bill, and although you definitely did not understand this to be a
P-I account, that is one practical way for you to recover at least
part of your costs without further expense.

We cannot emphasize too strongly the necessity for stations to
secure credit ratings on unknown accounts of this type, to avoid
sad experiences such as this. One station to my knowledge handled
the Pickering proposal as follows:

On receipt of his original offer, the station replied that announce¬
ments could be bought only at card rates, and quoted its price for
a month’s service. Pickering accepted and authorized the station
to proceed. Unable to learn his credit rating, however, the station
requested payment for the month’s service in advance. This was
never received — and the announcements never went on the air.
The station did not lose any money ; its listeners were not dis¬
gruntled by slow delivery of merchandise ordered, and Pickering
did not get the benefit of “free” radio advertising. Procedure
similar to that should, we think, be followed in all such cases.

A slight amount of “business” may be lost by rigorous adher¬
ence to such procedure, but in the long run collections will be
higher, expenses less, listeners better served, legitimate advertisers
protected, per-inquiry dealers and outright chiselers effectively
discouraged, and the ultimate best interests of the radio industry
and advertising in general better served.

Your suggestion for the establishment of some sort of insurance
plan is being referred to the NAB Board of Dirctors, to be con¬
sidered at their next meeting.

Sincerely yours,

Frank E. Pellegrin,

Director,

Dept, of Broadcast Advertising.

A retiuest for free time has been reported by several
memlicrs from the “Society of Inter-American Relations,
Sociedad Fanamericana, Quito, Equador.” This organi-

zation, capitalizing on a “good neighbor” approach, seeks
free announcements to promote the sale of Equadorean
seeds at 10^' per package “to cover handling and mailing
costs.” The announcement says that “with the seeds will
come a list of Ecuadorean trade and merchandise offerings
designed to increase business between the Americas . .

We believe that since broadcasters get regular rates to
promote the sale of seeds and nursery products of regular
advertisers, it would hardly be fair nor good business prac¬
tice to give time free to this applicant, and the follow-up
mentioned seems to us to be an effort to secure mail-order
business, another type of business for which broadcasters
are entitled to regular rates.

The Hicks Advertising Agency of Dallas, Tex., is seek¬
ing contingent deals on behalf of the Breedlove Nurseries.
Stations are advised to adhere to regular rates if ap¬
proached by this advertiser.

It is confidentially reported by an NAB member that
the President of the Eastern Wire Corporation made the
statement that he had never bought anything at card
rates and that he was not going to start now.

Commented our member: “I simply send this along to
show how stations that do not observe their rate cards
do have an effect upon and hurt the whole industry.”

BMI

“BMI HAS THINGS IN CONTROL”

That is the conclusion of a reporter for the Charlotte
News (Charlotte, North Carolina) after making inquiries.
The article reads in part as follows:

Reporter on Assignment
The Assignment:

Whatever happened to the ASCAP-BMI row? Is
Jeannie still wearing her hair light brown?

.4nd The Report
By Pete McKnight, Reporter

Apparently the lady hasn’t changed the tint of her locks.
It’s just that we don’t hear so much about it now. And that’s
the whole story behind the present status of the BMI-.^SCAP
deadlock. BMI has things in control.

^ ^

BMI is new, you know. Its first song was published earh’ in
1940. ... At first, the available songs were limited and your
radio and mine played Jeannie until the poor gal was worn out.

But it wasn’t long before the nation’s previously-suppressed
young songwriters started things humming. .^SCAP hadn’t given
them a look-in. BMI was a God-send. Thus, such tunes as
You Walk By, So You’re The One, I Hear A Rhapsody, High On

A Windy Hill, and dozens of other acceptable ones went out over
the air, started selling sheet music and phonograph records.

^ * :fc *

The fight seems to be over, and .ASCAP wall have to meet BMPs
terms {sic) which originally were simple — charge us for using
your music on the radio on the basis of the frequency each tune
is played.

NEW HIT MAKERS TO THE FORE

Hit songs by newcomers are a specialty with BMI.
The two numbers from the BMI catalogue which lead
in the best selling sheet music list this week, Wise Old
Owl and Walkin’ by the River, are the works of writers
whose names have not appeared among the hit makers.

The story of Una Mae Carlisle, who wrote Walkin’ by
the River, is so striking that it w^as the feature of this
week’s We, the People program. The gifted young colored
girl told the audience that she took her first piano lessons
from her mother, a school teacher, and was later graduated
from the music department of Wilberforce University.
She had two great ambitions, one to write music and the
other to go to Europe. A trip to England started her on
the road to success in music. The way she electrified
friends in England with her .American music led to oppor¬
tunities for appearances in public and before the war
began she had made a sensation in Paris which could
probably be compared to nothing except the place which
Josephine Baker made for herself in the entertainment
world in Paris. At the moment when war broke. Miss
Carlisle was appearing at Shepard's in Cairo, Egypt, one
of the most famous resorts of international society.

She returned to New York with the manuscript of a
song which had been inspired by memories of peaceful
evenings along the Thames in England, and Walkin by
the River has now landed among the lists of hit song
writers the name which she had already put into bright
lights as a singer and orchestra leader.

Both words and music of Wise Old Owl were written by
Joe Ricardel, a New York boy, who first set out to
become a concert violinist. He was the pupil of one of
New York’s greatest violin teachers, Ferdinand Carri,
and his career was radically changed by Carri’s death.
Arrangements had been made for Mr. Ricardel's debut
at Town Hall in New York when Carri died and plans
for the debut were thrown into confusion and ultimately
abandoned.

Joe Ricardel, crushed by the loss of the master to whom
he had been so deeply devoted, could find no inspiration
in the various efforts he made to carry on his studies
under other teachers. He gave up his plans for the
concert field and went into work with dance orchestras.
The violin was no longer in much demand among the
dance bands so he bought himself a saxophone and learned
to play that as well as the clarinet and trumpet. Before
long he had organized his own dance band and for several
years has been building his reputation as band leader up
and down the ^Atlantic Coast from Maine to Florida. His

April 18, 1941 — 355

band has also been heard throughout the country in broad¬
casts originating from WOR in New York. INIeanwhile,
he was studying singing at the Mackie School of Music
and also with INIlle. Liazza, formerly of the Metropolitan
Opera. He does the vocal work with his own band. Last
summer his band was at the Claremont Inn, which over¬
looks the Hudson River from the heights of upper iMan-
hattan, and he is scheduled to return there for the summer
of 1941.

The idea for his current hit, Wise Old Owl, grew out
of an episode at the Claremont last summer. “About 1
o'clock one morning,” he says, “I was on the open terrace
when a young boy and girl strolled by. In the course
of the conversation the young man asked the girl whether
she loved him. The girl answered Yes rather hesitantly.
Just at this point a tug went by on the river and hooted
just like an owl. Immediately I began to wonder what it
was that did say Hoo. When I finally remembered it was
an owl, I had a song title.”

BMTs second year begins auspiciously with this evi¬
dence that the company continues its policy of holding
the door wdde open to new talent.

BMI FEATURE TUNES
April 21-27

1. MY SISTER AND I

2. WALKIN’ BY THE RIVER

3. WISE OLD OWL

4. FRIENDLY TAVERN POLKA

5. G’BYE NOW

6. WHAT D’YA HEAR FROM YOUR HEART

7. HIGH ON A WINDY HILL

8. YOU WALK BY

9. HERE’S MY HEART

10. IT ALL COMES BACK TO ME NOW

11. MAY I NEVER LOVE AGAIN

12. LOAFING ON A LAZY DAY

13. TALKING TO THE WIND

14. BREAKFAST FOR TWO

15. WITH A TWIST OF THE WRIST

16. WHERE’S THE CAPTAIN’S HAT

SEVEN MONTHS’ CHANGE

Variety for April 16th announces in headlines, “ASCAP
NUiMBER 7TH ON LIST,” meaning thereby that an
ASCAP publication reaches 7th place on Variety’s list of
the fifteen best sheet music sellers for the past week,
d'he fact that Variety regards this as an item of news be¬
comes particularly significant after a glance back through
the files. On August 21st Variety announced in twm-
column headlines, “BMI L.YNDS 2 AMONG AIOST
PLAYED’ LEADERS, BUT NONE IN 25 ‘BEST¬

SELLERS.’ ” On August 28th Variety carried a two-
column box with the headline, “BMI’S ‘PRACTICE’
MOVES UP.” The item reported that Practice Makes
Perfect was tied for first place in network performances
and had made the Lucky Strike Hit Parade the week
before in 9th place. “Also for the first time since the
song was introduced the sheet sales on Practice started
IMonday (26th), according to jobbers, to show they were
going some place.” It was not, however, until the issue
of the following week, September 4th, that the BMI
initial appeared for the first time on the Variety list of
best-sellers. Now, just over seven months later, Variety
finds it worth a headline when the other team scores.

The general proportion of numbers from BiMI and
affiliated publishers on the best-seller lists remains about
what it has been for some weeks. The current sensation
is the behavior of the Marks tune, Amapola, which heads
the lists of best-selling records and sheet music as well
as the Variety list of network plugs. Sheet sales on the
number are reported to approach the 300,000 mark and
the Jimmy Dorsey record heads the lists throughout the
country.

Amapola was written in 1924 by Joseph McCalle, who
was for twenty-five years music director and critic for
the Columbia Phonograph Company. It was originally
published by iMaster Ylusic. Several years later G. Schir-
mer bought it and successfully featured it as a semi-
classical selection. In 1933 the copyright was acquired
by Marks who published it as a concert number and
also as a tango. Late in 1940, Marks brought it out as a
foxtrot with new lyrics by Albert Gamse, and the song
soon began to find favor with band leaders. To date,
some twenty Amapola recordings have been made, in¬
cluding those by Sammy Kaye, Les Brown, Chick Bul¬
lock, Xavier Cugat, Henry Horlick, Nano Rodrigo, Con¬
nie Boswell, Deanna Durbin, and Jimmy Dorsey. The
Dorsey recording, featuring two vocals in different tempo
by Bob Eberly and Helen O’Connell, is the one now head¬
ing the best-seller lists.

In addition to Amapola, McCalle also wrote a number
of military marches and tangos. .Y native of Spain, he
studied at the Paris Conservatory before coming to Amer¬
ica where he spent most of his life. In 1924, McCalle
returned to Spain and so inspired by the beauty of his
native land, it is reported, that he composed Amapola.

FEDERAL COMMUNSCATIONS
COMMISSION

_

CONSOLIDATION OF FOUR BROOKLYN
STATIONS AUTHORIZED

Voluntary consolidation of four Brooklyn, N. Y.,
broadcast stations, now sharing time on 1430 kilocycles.

356 — April 18, 1941

into a single station for more effective operation is made
possible by action of the FCC in approving assignment
of the license of Station WARD from the United States
Broadcasting Corporation to the Unified Broadcasting
Corporation of Brooklyn and, at the same time, modi¬
fying the license of the latter to permit unlimited time
operation and move studios to 554 Atlantic Avenue, that
city.

Under this authorization, the new operating company
will absorb the facilities of WLTH, licensed to WLTH-
New York, Inc.; WVFW, Paramount Broadcasting Cor¬
poration, and WBBC, Brooklyn Broadcasting Corpora¬
tion, and operate with equipment of WARD, with 250
watts power as heretofore.

The move was pursuant to suggestion made by the
Commission in its decision in the so-called “Brooklyn
cases” October 22 last. At that time, in renewing licenses
of WLTH and WARD and denying the application of
WBBC for the facilities of WLTPI and WARD, the
Commission stated that it would “entertain any feasible
proposal for the consolidation of the four present licensee
corporations into a new organization to operate one sta¬
tion under a single management and control for the pur¬
pose of supplanting the four existing stations. In this
connection, however, such new corporation or other or¬
ganization must be prepared to demonstrate to the satis¬
faction of the Commission that the management selected
will consist of persons who are highly responsible and
fully cjualified to operate the new station.”

CAIRO TREATY

The United States Government Printing Office, Wash¬
ington, D. C., now has available for immediate distribu¬
tion 5,000 copies of Treaty Series No. 948, which con¬
tain the General Radio Regulations adopted at Cairo in
1938.

A copy of this publication may be obtained from the
Public Printer at a price of fifty cents. All orders should
be accompanied by a remittance as the rules of the United
States Government Printing Office require payment be¬
fore delivery.

Attention is invited to Item 7, Part A, Appendix 10
of the General Radio Regulations, Cairo Revision 1938
Annexed to the International Telecommunication Con¬
vention in Force (Madrid 1932), which requires that
“Ship Stations” on board ships compulsorily equipped
with radiotelegraph installation must provide themselves
with these Regulations.

Also other stations whose operations involve interna¬
tional aspects should provide themselves with these reg¬
ulations.

FEDERAL COMMUNICATIONS
COMMISSION DOCKET

Following broadcast hearings are scheduled to be heard
before the Commission during the week beginning Mon¬
day, April 21. They are subject to change.

Monday, April 21

Consolidated Hearing

NEW — The Yankee Network, Inc., Boston, Mass. — C. P., 44300
kc., 19,230 square miles.

NEW — The Outlet Company, Providence, R. I. — C. P., 44300 kc.,
16,370 square miles, unlimited time.

Tuesday, April 22

NEW — Camden Broadcasting Co., Camden, N. J. — C. P., 800 kc.,
SOO watts, daytime.

Wednesday, April 23

NEW — Columbia Broadcasting System, Inc., Boston, Mass. — C.P.,
43;)00 kc., 20,200 square miles, unlimited time.

Friday, April 25

WTEL — Eoulkrod Radio Engineering Co., Philadelphia, Pa. — C. P.,
1500 kc., 250 watts, unlimited time.

FUTURE HEARINGS

During the past week the Commission has announced
the following future hearings in broadcast and television
cases. They are subject to change.

April 29
Television

WlXG — General Television Corporation, Boston, Mass. — Modifi¬
cation of license (considered as C. P.), 50000-56000 kc..
500 watts visual, emission A-S, Sec. 4.4(a). Present assign¬
ment: 43000-56000, 60000-86000 kc., 500 watts visual,
emission A-S, Sec. 4.4(a).

WlXG — General Television Corporation, Boston, Mass. — C. P.,
43000-56000, 60000-86000 kc., 500 watts aural and visual.
Emission A-3 and A-S, Sec. 4.4(a). Present assignment:
43000-56000, 60000-86000 kc., 500 watts visual only, emis¬
sion A-S, Sec. 4.4(a).

May 1

To Be Held in U. S. Court of Appeals Court Room, Old Post
Office Building, in Atlanta, Georgia.

WGST — Georgia School of Technology. Atlanta, Ga. — Renewal of
license (main and auxiliary), 8!)0 kc., 1 KW night, 5 KW
LS, unlimited time.

May 5

Hearing To Be Held in Pensacola, Florida, Beginning May 5 and

Continued Thereafter in Panama City, Florida, and Ocala,

Florida, as Follows:

Pensacola, Florida, in Court Room, County Court Building.

Panama City, Florida, in Court Room, County Court House.

Ocala, Florida, in U. S. Court Room, 2nd Floor, U. S. Post
Office Building.

WTMC — Ocala Broadcasting Company, Inc., Ocala, Florida. — In
the Matter of Revocation of License of Station.

WDLP — Panama City Broadcasting Company, Panama City, Fla,
— In the Matter of Revocation of License of Station.

April 18, 1941 — 357

May 16

KMx^ — May Broadcasting Company, Shenandoah, Iowa — Renewal
of license. !)30 ke., 1 KVV night, 5 KW day, unlimited time.

May 28

KRBC — Reporter Broadcasting Company, Abilene, Texas. — C. P.,
94(1 Uc., 1 KW, unlimited, 11.4 night and day. Present as¬
signment: 1420 kc., 250 watts, unlimited time.

May 29

WRDW — .Augusta Broadcasting Company, Augusta, Georgia. —
C. P., 1450 kc., 500 watts night, 1 KW day, unlimited time.
Present assignment: 1500 kc., 250 watts, unlimited time.

June 2

NEW — Symons Broadcasting Company, Ellensburg, Wash. — C. P.,
11 10 kc., 1 KW, unlimited time.

Consolidated Hearing

WPAY — Chester A. Thompson (Transferor) and The Brush-Moore
Newspapers, Inc. (Transferee), Portsmouth, Ohio. — Transfer
of control of corp., 1870 kc., 100 watts, unlimited time.

WPAY — Vee Bee Corporation, Portsmouth, Ohio. — Renewal of
license, 1870 kc., 100 watts, unlimited time.

June 4

KERO — Voice of Longview, Longview, Texas. — Modification of
C. P., 1840 kc., 5 KW, unlimited time, DA night. Present
assignment: 1840 kc., 1 KW, unlimited time, DA night.

June 12

WQBC — Delta Broadcasting Company, Inc., Vicksburg, Miss. —
Modification of C. P., 1860 kc., 500 watts night, 1 KW day,
unlimited time. Present assignment: 1860 kc., 1 KW day¬
time.

June 16

Television Broadcast

W2XD — General Electric Company, Schenectady, N. Y. — P'or
license to cover C. P., 162000-168000 kc., 40 watts, emis¬
sion A-5, Sec. 4.4(a).

W2XI — General Electric Company, New Scotland, N. Y. — For
renewal of license, 162000-168000 kc., 10 watts, emission
A-5, Sec. 4.4(a) .

W2XB — General Electric Company, New Scotland, N. Y. — For
renewal of license, 60000-86000 kc., A. 3 KW, V. 10 KW,
Sec. 4.4.

June 18

WBRE — Louis G. Baltimore, Wilkes-Barre, Pa. — C. P. to erect a
synchronous station, 1810 kc., 100 watts, unlimited time.

FEDERAL COMMUNICATIONS
COMMISSION ACTION

NEW STATIONS GRANTED

Inter-City Advertising Co., Charlotte, N. C. — Granted construction
permit for new standard broadcast station to operate on
610 kc., 1 KW unlimited, subject to approval of directional
antenna design (B3-P-2878).

Ruben E. Aronheim, Fitchburg, Mass. — Granted construction per¬
mit for new standard broadcast station to operate on
1840 kc., 250 watts night and day, unlimited time; exact
site and antenna system to be determined with Commission’s
approval (Bl-P-3061).

NEW FM STATIONS

St. Louis University, St. Louis, Mo. — Granted construction permit
for new high frequency (FM) broadcast station to operate

358 — April 18, 1941

on 45100 kc. ; coverage of 13,000 sq. mi.; with more than
1,500,000 population (B4-PH-37).

APPLICATIONS GRANTED

KTRH — KTRH Broadcasting Co., Houston, Tex. — Granted con¬
struction permit to change frequency from 1290 kc. (1820
kc. under NARBA) to 740 kc., increase power from 1 KW
night, 5 KW day, to 50 KW, move transmitter site, install
new transmitter, and directional antenna for day and night
use, subject to engineering approval (B3-P-3011).

KXYZ — Harris County Broadcast Co., Houston, Tex. — Granted
construction permit to move transmitter to Deepwater,
Tex., use KTRH transmitter, increase power from 1 KW
day and night to 5 KW day and night, change frequency
from 1470 kc. (NARBA) to 1820 kc. (N.4RBA), install
directional antenna for night use; antenna system to comply
with Commission’s requirements (B3-P-3016).

KAND — Navarro Broadcasting Assn., Corsicana, Tex. — Granted
construction permit to increase power from 100 watts unlim¬
ited to 250 watts night and day, and make changes in equip¬
ment ; station operates on 1840 kc. (B3-P-3121).

W9XZY — The Pulitzer Publishing Co., St. Louis, Mo. — Granted
renewal of license of facsimile broadcast station W9XZY for
the period March 1, 1941 to March 1, 1942; granted upon
an experimental basis only and upon the express condition
that it is subject to change or cancellation by the Commis¬
sion at anv time, without advance notice or hearing (B4-
FRB-5).

WARD — United States Broadcasting Corp. (assignor). Unified
Broadcasting Corp. of Brooklyn (assignee), Brooklyn, N. Y.
— Granted consent to the assignment of license of Station
WARD from United States Broadcasting Corp. to LTnified
Broadcasting Corp. of Brooklyn, to effect a consolidation
of four Brooklyn stations (WARD, WLTH, WVFW, and
WBBC), now sharing time, into operation of a single
station (WARD) (Bl-AL-302).

WARD — Unified Broadcasting Corp. of Brooklyn, Brooklyn, N. Y.
— Granted modification of license to increase hours of opera¬
tion from sharing with WLTH, WVFW, WBBC, to unlim¬
ited, and change studio location to 554 Atlantic Ave., Brook¬
lyn, N. Y. (requests facilities of WBBC, WVFW and WLTH)
(Bl-ML-1054).

DESIGNATED FOR HEARING

WMBR — Florida Broadcasting Co., Jacksonville, Fla. — Application
for construction permit to change frequency from 1496 kc.
to 1069 kc., increase power from 250 watts to 10 KW
night and day, install new transmitter, install directional
antenna for day and night use and move transmitter (B3-
P-3036).

WDAE — Tampa Times Co., Tampa, Fla. — Application for con¬
struction permit to change frequency from 1259 kc. to
749 kc., increase power from S KW unlimited (using direc¬
tional antenna) to 10 KW ; move transmitter site from
Tampa, Fla., to Thonotosassa, Fla.; install new transmitting
equipment and install directional antenna for night use
(B3-P-2841).

KVOA — Arizona Broadcasting Co., Inc., Tucson, Ariz. — Application
for construction permit to change frequency from 1299 kc.
to 590 kc. and install directional antenna for day and night
use (B5-P-2906).

KVFD — Northwest Broadcasting Co., Fort Dodge, Iowa. — Appli¬
cation for modification of license to increase hours of opera¬
tion from specified to unlimited. (Requests facilities of
KFGQ.) Joint hearing with KFGQ (B4-ML-1052) .

MISCELLANEOUS

WTMC — Ocala Broadcasting Co., Inc., Ocala, Fla., and WDLP —
Panama City Broadcasting Co., Inc., Panama City Fla. —
Granted motions filed by Harry W. Reinstine, Jacksonville,
Fla., to permit his appearance on behalf of Ocala Broadcast¬
ing Co., Inc., Ocala, Fla., and Panama City Broadcasting
Co., Inc., Panama City, Fla., in re hearing on revocation of
licenses of Stations WTMC and WDLP; granted petitions
of John H. Perry, Palm Beach, Fla., to intervene in above
causes; granted motions filed by Ocala Broadcasting Co.,
Inc., Panama City Ffroadcasting Co., Inc., and John H.
Perry, for postponement of hearings on revocation of licenses

of Station VVTMC now scheduled for April 14 and of Sta¬
tion WDLP now scheduled for April 17, to May 5, 1941,
said hearing to be held at Pensacola, Fla., on such date and
thereafter be transferred to Panama City and Ocala, Fla.,
as may be directed.

KTRB — KTRB Broadcasting Co., Inc., Modesto, Calif. — Granted
special temporary authority to operate from 7:30 p. m. to
the conclusion of Fifth Annual Convention of the California
Young Farmers Association program on April 8, 1941, in
order to broadcast said program only, and from 7:45 p. m.
to approximately 9:30 p. m., PST, April 11, 1941, in order
to broadcast presentation of Stainer’s “Crucifixion”, only.

WSUI — State University of Iowa, Iowa City, Iowa — Granted
special temporary authority to operate a minimum of nine
hours daily for the period April 9, 1941, to not later than
April 14, 1941, in order to observe the Easter vacation period
at the University of Iowa.

Sears, Roebuck & Co., Philadelphia, Pa. — Granted petition to inter¬
vene in the hearing on New Jersey Bell Tel. Co.’s applica¬
tion for authority to acquire capital stock of Imperial Securi¬
ties Co.

WPAY' — Chester A. Thompson (Transferor) and The Brush-Moore
Newspapers, Inc. (Transferee), Portsmouth, Ohio. — Granted
petition for continuance of hearing until June 2, on applica¬
tion for consent to transfer control of Vee Bee Corp., licensee
of station WPAY, and application for renewal of license of
WPAY.

WPAY — Vee Bee Corp., Portsmouth, Ohio. — Granted petition for
continuance of hearing until June 2, on application for con¬
sent to transfer control of Vee Bee Corp., licensee of station
WPAY, and application for renewal of license of WPAY.

WlXG — General Television Corp., Boston, Mass. — Granted peti¬
tion to continue hearing now scheduled for April IS to
April 29, on applications for construction permits to change
frequencies.

KGFI — Eagle Broadcasting Co., Inc., Brownsville, Texas. — Granted
authority to install automatic frequency control equipment
on 1490 ko. under NARBA (B3-F-20S).

WAPO — W. A. Patterson, Chattanooga, Tenn. — Granted authority
to install automatic frequency control equipment on 1130
kc. under NARBA (B3-F-207).

KYW — Westinghouse Radio Stations, Inc., Philadelphia, Pa. —
Granted authority to install automatic frequency control
equipment on 1060 kc. under NARBA (B2-F-18S).

WFAS — Westchester Broadcasting Corp., White Plains, N. Y. —
Granted authority to determine operating pow'er by direct
measurement of antenna input on 1240 kc. (NARB.\)
(B1-Z-7S5) .

KOL — Seattle Broadcasting Co., Seattle, Wash. — Granted authority
to determine operating power by direct measurement of
antenna input on 1300 kc. (N.ARBA) (BS-Z-749).

WHN — Marcus Loew Booking Agency, New York, N. Y. — Granted
authority to determine operating power by direct measure¬
ment of antenna input on 1050 kc. (NARBA) (Bl-Z-743).

WFBG — The Gable Broadcasting Co., Altoona, Pa. — Granted au¬
thority to determine operating power by direct measurement
of antenna input on 1340 kc. (NARBA) (B2-Z-7S7).

KTSW — Emporia Broadcasting Co., Inc., Emporia, Kans. — Granted
authority to determine operating power by direct measure¬
ment of antenna input on 1400 kc. (NARBA) (B4-Z-747).

WTMA — Atlantic Coast Broadcasting Co., Charleston, S. C.- —
Granted authority to determine operating power by direct
measurement of antenna input on 1250 kc. (NARBA)
(B3-Z-754).

WGAU — J. K. Patrick & Co., Athens, Ga. — Granted authority to
determine operating power by direct measurement of an¬
tenna input (B3-Z-7S6).

WAAT — Bremer Broadcasting Corp., Jersey City, N. J. — Granted
modification of construction permit for installation of new
transmitter and directional antenna for night use, change in
hours of operation and increase in power, move of trans¬
mitter, for 970 kc. under NARBA and changes in directional
antenna (Bl-MP-1237).

W8XCT — The Crosley Corp., Cincinnati, Ohio. — Granted modifi¬
cation of construction permit which authorized new tele¬
vision broadcast station, for extension of completion date
from April 28, 1941 to October 28, 1941 (B2-MPVB-39) .

WRCA — N^ational Broadcasting Co., Inc., Bound Brook, N. J.^ —
Granted license to cover construction permit as modified, to
install new equipment, change frequencies and increase
power; 9670, 17780 kc.; 50,000 watts; shares time on

17780 kc. with Station WBOS; unlimited time on 9670 kc.
(Bl-LIB-14) .

WCSH — Congress Square Hotel Co., Portland, Maine. — Granted
modification of construction permit which authorized in¬
stallation of directional antenna for day and night use and
increase in power, for changes in directional antenna on
970 kc. under NARBA (Bl-MP-1231 ) .

WFCI — Pawtucket Broadcasting Co., Pawtucket, R. I. — Granted
modification of construction permit for new station, for
extension of completion date from April 17, 1941 to Mav 17,
1941 (Bl-MP-1246).

KEYS — Earl C. Dunn and Chas. W. Rossi, d/b as Nueces Broad¬
casting Co., Corpus Christi, Tex. — Granted license to cover
construction permit as modified for new station, specifying
1499 kc. under NARBA (B3-L-13S4). Also granted au¬
thority to determine operating power by direct measurement
of antenna power on 1490 kc. (NARBA) (B3-Z-730).

WFCR — Forrest Broadcasting Co., Inc., Hattiesburg, Miss. —
Granted license to cover construction permit which author¬
ized increase in power and equipment changes; 1400 kc.
(NARBA), 250 watts, unlimited time (B3-L-1368).

KUJ — KUJ, Inc., Walla Walla, Wash. — Granted license to cover
construction permit as modified for changes in equipment,
antenna changes, increase in power, change in frequency
and move transmitter; 1420 kc. under NARBA, 1 KW, un¬
limited time (BS-L-1366). Also granted authority to deter¬
mine operating power by direct measurement of antenna
input on 1420 kc. N.ARBA (B5-Z-744).

KFEL — Eugene P. O'Fallon, Inc., Denver, Colo. — Granted license
to cover construction permit as modified for increase in
power, installation of new transmitter and directional an¬
tenna, and move transmitter; 950 kc. (NARBA), 5 KW,
unlimited time, directional antenna (BS-L-1370). Also
granted authority to determine operating power by direct
measurement of antenna power (B5-Z-762).

KOY — Salt River Valley Broadcasting Co., Phoenix, Ariz. — Granted
license to cover construction permit which authorized in¬
stallation of new transmitter; 550 kc., 1 KW, unlimited
time (BS-L-1369).

Essex Broadcasters, Inc., Detroit, Mich.— Granted special tem¬
porary authority to transmit to radio station CKLW for
broadcast by that station program in connection with The
Lutheran Charities in Detroit from 4:30 p. m. to 5 p. m.
EST, May 4, 1941.

Western Mass. Broadcasting Co., Pittsfield, Mass.— Granted motion
for indefinite postponement of hearing on application for
construction permit to operate on 1500 kc.— 1490 under
NARBA — 100 watts; unlimited time.

WNAX — So. Dakota Broadcasting Corp. (Transferor), and Iowa
Broadcasting Co. (Transferee), Yankton, So. Dak.— Granted
petition for leave to withdraw without prejudice application
for transfer of control of station WNAX, scheduled for hear¬
ing April 16.

WEAU — Central Broadcasting Co., Eau Claire, Wise. — Granted
special temporary authority to operate from 4:30 to 5:30
a. m., CST, on April 13, in order to broadcast the Pope’s
Message, only (B4-S-924).

WGES — Oak Leaves Broadcasting Station, Inc., Chicago, Ill. _

Granted special temporary authority to operate on 1390 kc.
with power of 500 watts, during hours vacated by WGES
(6 to 7 a. m., 12 to 3 p. m. and 8 to 12 midnight, CST) for
period not to exceed days to broadcast non-sponsored
programs only, pending completion of construction for
unlimited time operation (B4-S-5S7).

KFUO — Evangelical Lutheran Synod, etc., Clayton, Mo. — Granted
special temporary authority to operate from 2 to 4 a. m.,
CST, on .\pril 26, in order to broadcast DX program only.

KGIW — E. L. Allen, Alamosa, Colo. — Granted special temporary
authority to remain silent until April 10, 1941, pending in¬
stallation of new equipment.

KTHS— Hot Springs Chamber of Commerce, Hot Springs National
Park, Ark, — Granted special temporary authority to operate
simultaneously with Station WBAL from 5 a. m., CST, to
local sunrise (.\pril 5:45 a.m., CST), April 13, 1941, in order
to broadcast Sunrise Services only.

District Radio Broadcasting Co., Murray, Utah. — Granted motion
for leave to amend petitioner’s application for construction
permit (Docket 6003) relating to stockholders.

KFNF — KFNF, Inc., Shenandoah, Iowa. — Continued hearing for
renewal of license now scheduled for April 16 to May 4
1941.

April 18, 1941 — 359

KLX — Tribune KuildinR Co., Oakland, Calif.; WSAR — Doughty &
Welch Electric Co., Inc., Fall River, Mass.; KFAC — Los
Angeles Broadcasting Co., Inc., Los .4ngeles, Calif.; KVOR
— Out West Broadcasting Co., Colorado Springs, Colo. —
Dismissed applications for modification of licenses to be
classified as a “III-.4'’ station and reiterated that station
classification as I, IL III-A, etc., is merely for administra¬
tive convenience and is not a part of any license nor a
source of an\' right in the licensee.

WC.\0 — The Monumental Radio Co., Baltimore, Md. — Denied
petition for reconsideration and grant filed by Lewis M.
Milbourne and Clarence W. Miles for transfer of control of
The Monumental Radio Co. (WCAO), from themselves, as
voting trustees, to themselves and L. Waters Milbourne as
voting trustees under a Voting Trust Agreement dated April
16, 1941; set aside action of the Commission of April 8,
1941, designating said application for hearing, and granted
said application upon the condition that the voting trust
agreement, dated April 16, 1941, be modified in accordance
with the applicants’ letter of April 14, 1941 ; form of consent
(Form No. 727) to specify 60 days rather than the usual 30
days, as the period within which the transfer may be com¬
pleted thereunder.

KXL — KXL Broadcasters, Portland, Ore. — Granted application to
change frequency from 1450 kc. to 750 kc., increase power
from 2S0 watts to 10 KW, change hours of operation from
sharing with KBPS to limited time, and install a directional
antenna.

KTRB — KTRB Broadcasting Co., Inc., Modesto, Calif. — Granted
application to increase power from 250 watts to 1 KW, on
8(50 kf., unlimited time provided a directional antenna is in¬
stalled, subject to approval of the Commission, for the pro¬
tection of other stations; granted upon condition that appli¬
cant file w'ith the Commission within 30 days an appropriate
application for the installation of a directional antenna;
alternative, daytime operation.

Butler Broadcasting Corp., Hamilton, Ohio. — Adopted order deny¬
ing petition of Butler Broadcasting Corp, to reconsider and
grant application for construction permit for new station
to operate on 1450 kc., with pow'er of 2S0 watts, unlimited
time.

Brookdale Civic Association, Bloomfield, N. J. — Dismissed formal
protest filed March 29, 1941, and letter filed February 7,
1941 by Brookdale Civic Association, directed against the
action of the Commission January 9, 1941, granting the ap¬
plication of North Jersey Broadcasting Co., Inc. (WPAT),
Paterson, N. J., for approval of antenna, studio and trans¬
mitter sites, inasmuch as the North Shore Broadcasting Co.,
Inc., has given the Commission written assurance that sta¬
tion WPAT will correct all reasonable complaints of blanket¬
ing or external cross modulation with the 250 mv/m con¬
tour of station WPAT.

APPLICATIONS FILED AT FCC

590 Kilocycles

WMBS — Fayette Broadcasting Corp., Uniontown, Penna. — Author¬
ity to determine operating power by direct measurement
of antenna power.

WMBS — F'ayette Broadcasting Corp., Uniontown, Penna. — License
to use old RCA 250-D transmitter for auxiliary purposes.

WMBS — Fayette Broadcasting Corp., Liniontown, Penna. — License
to cover construction permit (B2-P-2711) as modified for
installation of new transmitter, change in frequency, in¬
crease in power and directional antenna for night use.

690 Kilocycles

KGGF — Hugh J. Powell, Coffeyville, Kansas. — Authority to de¬
termine operating power by direct measurement of antenna
power.

740 Kilocycles

KQW — Pacific Agricultural F’ounclation, Ltd., San Jose, Calif. —
Construction permit to change frequency from 1010 kc. to
740 kc., increase jrower from 5 KW to 50 KW, install new
transmitter and make changes in directional antenna for day
and night use. Amended: re changes in directional antenna.

930 Kilocycles

WKY — WKY Radiophone Co., Oklahoma City, Okla. — Construc¬
tion permit to install directional antenna for night use.

360 — April 18, 1941

Amended: re changes in directional antenna and move trans¬
mitter.

960 Kilocycles

KM.4— May Broadcasting Co., Shenandoah, Iowa. — Authority to
determine operating power by direct measurement of an¬
tenna power.

1160 Kilocycles

WJJD — WJJD, Inc., Chicago, Ill. — Authority to install automatic
frequency control equipment.

1190 Kilocycles

KEX— Oregonian Publishing Co., Portland, Oregon.— Construction
oermit to install new transmitter, directional antenna for day
and night use, change frequency from 1180 kc. to 1160 kc.,
increase power from 5 KW to 50 KW, change hours of
operation to unlimited and move transmitter. Amended:
re changes in directional antenna, specify 1190 kc. under
NARBA and change transmitter location.

1210 Kilocycles

NEW — Capital City Broadcasting Co., Inc., Topeka, Kans. — Con¬
struction permit for a new broadcast station to be operated
on 1170 kc., 5 KW, daytime (Class H station). Amended:
To change transmitter location and request 1210 kc. under
NARBA.

1230 Kilocycles

NEW— WF.AM, Inc., Lafayette, Inch — Construction permit for new
standard broadcast station to be operated on 1230 kc., 100
watts power, unlimited time. Facilities of WFAM.

NEW — Southwest Broadcasters, Inc., Las Vegas, N. Mex. — Con¬
struction permit for a new standard broadcast station to be
operated on 1230 kc., 250 watts, unlimited time.

1240 Kilocycles

KFOR — Cornbelt Broadcasting Corp., Lincoln, Nebr. — Authority
to determine operating power by direct measurement of
antenna power.

KFOR — Cornbelt Broadcasting Corp., Lincoln, Nebr. — License to
cover construction permit (B4-P-3087) for changes in equip¬
ment, antenna changes, increase in power and move of
transmitter.

NEW — Birney Imes, Tupelo, Miss. — Construction permit for a
new standard broadcast station to be operated on 1240 kc.,
250 watts, unlimited time.

KYUM — Yuma Broadcasting Co., Yuma, Ariz. — Authority to de¬
termine operating power by direct measurement of antenna
power.

1250 Kilocycles

WTMA — Atlantic Coast Broadcasting Co., Charleston, S. C. —
Modification of construction permit (B3-P-298S) to install
new transmitter, directional antenna for night use, increase
in power, requesting 1250 kc., under NARBA and changes
in directional antenna system, extension of commencement
and completion dates 30 and 50 days respectively.

1290 Kilocycles

KVO.V — Arizona Broadcasting Co., Tucson, Ariz. — Authority to
determine operating power by direct measurement of an¬
tenna power.

1300 Kilocycles

KOL — Seattle Broadcasting Co., Seattle, Wash. — Authority to in¬
stall automatic frequency control equipment.

1310 Kilocycles

WCAM — City of Camden, N. J. — Authority to determine operat¬
ing power by direct measurement of antenna power.

1320 Kilocycles

W.ATR — The WATR Co., Inc., Waterbury, Conn. — Construction
permit to increase ])ower from 250 watts to 1 KW, install
new transmitter and make changes in directional antenna.
Amended: To specify 132(1 kc. under NARBA.

1330 Kilocycles

WFBC — Greenville News-Piedmont Co., Greenville, S. Car. — Modi¬
fication of construction permit (B3-P-1849) requesting
changes in directional antenna and extension of commence¬
ment and completion dates. Amended: To make further
changes in directional antenna and 1330 kc. under NARBA.

1340 Kilocycles

VVTRC — The Truth Publishing Co., Inc., Elkhart, Ind. — Authority
to determine operating power by direct measurement of
antenna power.

KWOS — Tribune Printing Co., Jefferson City, Mo. — Authority to
determine operating power by direct measurement of an¬
tenna power.

KARM — KARM, The George Harm Station, Fresno, Calif. —
Authority to determine operating power by direct measure¬
ment of antenna power.

WLAV — Leonard A. Versluis, Grand Rapids, Mich. — Authority
to determine operating power by direct measurement of
antenna power.

WLAK — Lake Region Broadcasting Co., Lakeland, Fla. — Authority
to determine operating power by direct measurement of
antenna power.

1390 Kilocycles

WGES — Oak Leaves Broadcasting Station, Inc., Chicago, Ill. —
Modification of construction permit (B4-P-3063) requesting
change in type of transmitter, changes in directional antenna
system for day and night use on 1390 kc. under NARBA,
and extension of commencement and completion dates.

1410 Kilocycles

WNBC — State Broadcasting Corp., New Britain, Conn. — Modifi¬
cation of construction permit (Bl-P-2723) as modified, re¬
questing changes in directional antenna, 141(1 kc. under
NARBA, increase in power from 1 KW night, 5 KW day
to 3 KW day and night, using directional antenna day and
night and extension commencement and completion dates
to 30 days after grant and 180 days thereafter respectively.

1450 Kilocycles

KMYC — Marysville- Yuba City Broadcasters, Inc., Marysville,
Calif. — Authority to determine operating power by direct
measurement of antenna power.

1470 Kilocycles

WMBD — Peoria Broadcasting Co., Peoria, Ill. — Authority to de¬
termine operating power by direct measurement of antenna
power.

1490 Kilocycles

KPQ — Wescoast Broadcasting Co., Wenatchee, Wash. — Construc¬
tion permit to install new transmitter, make changes in an¬
tenna, change frequency from 1490 to 560 ke., increase
power from 250 watts to 500 watts night, 1 KW day.

KYCA — Southwest Broadcasting Co., Prescott, Ariz. — Authority
to determine operating power by direct measurement of
antenna power.

FM APPLICATIONS

NEW — Columbia Broadcasting System, Inc., Boston, Mass. — Con¬
struction permit for a new high frequency broadcast station
to be operated on 44100 kf. ; coverage, 16,230 square miles;
population, 5,972,246. Amended: To request 43500 ke. ;
coverage, 20,200 square miles; population, 5,384,179, change
type of antenna and location of transmitter to Summit of
Mt. Asnebumskit, Paxton, Mass.

NEW — Hughes Productions, Division of Hughes Tool Co., Los
Angeles, Calif. — Construction permit for a new high fre¬
quency broadcast station to be operated on 44500 kc.;
coverage, 7,315 square miles; population, 2,575,558.

NEW — Hughes Productions, Division of Hughes Tool Co., San
Mateo County, Calif. — Construction permit for a new high
frequency broadcast station to be operated on 44500 kc. ;
coverage, 10,790 square miles; population, 1,893,802.

NEW — Columbia Broadcasting System, Inc., St. Louis, Mo. — Con¬
struction permit for a new high frequency broadcast station
to be operated on 44T00 kc. ; coverage, 10,950 square miles;
population, 1,708,332.

NEW — McNary and Chambers, Washington, D. C. — Construction
permit for a new high frequency broadcast station to be
operated on 47500 kc. ; coverage 2,610 square miles; popu¬
lation, 762,485.

W63SY — Central New York Broadcasting Corp., Syracuse, N. Y. —
Modification of construction permit (Bl-PH-50) for new
high frequency broadcast station requesting changes in
antenna, change in transmitter site from Sentinel Heights
Road, Onondaga, New York, to Pompey, New York, popu¬
lation, 827,879.

NEW — Indianapolis Broadcasting, Inc., Indianapolis, Ind. — Con¬
struction permit for a new high frequency broadcast station
to be operated on 45300 kc. ; coverage, 13,640 square miles;
population, 1,017,471.

FEDERAL TRADE
COMMISSEON ACTION

COMPLAINTS

Federal Trade Commission has alleged unfair compe¬
tition against the following linns. The re.spondents will
be given an opportunity to show cause why cease and
desist orders should not be issued against them.

AIvi ('<)!ii!)aii.v--Charging dissemination of false advertisements
in the sate of a hair dye cosmetic a complaint has been issued
against Casimiro Muojo, trading as Alvi Co., and as Alvi, Inc., 158
Grand St., New York. According to the complaint, the respondent
sells his preparation as “Vitale Instantaneous Hair Dye” and under
other designations containing the word “Vitale”.

The complaint charges that in newspaper and other advertise¬
ments the respondent represents that his preparation is scientific,
safe, and free from harmful, dangerous and injurious chemicals;
will end premature gray hair; will produce a permanent, natural,
uniform shade; will give the hair the warmth, color, luster and
glint of youth, and will have no ill effects upon the body. How¬
ever, the complaint further alleges that the respondent's product is
a chemical dye incapable of affecting the hair in any way other
than as a dye, and will not accomplish the results claimed.

■According to the complaint, the respondent’s preparation con¬
tains paraphenylene-diamine, a toxic coal tar derivative, in sufficient
quantity to cause in some cases skin irritation and other harmful
effects, if used under the conditions prescribed in the advertisements,
or under customary and usual conditions.

The complaint charges that the advertisements disseminated by
the respondent contain neither warnings against the use of the
preparation on the eyelashes or eyebrows, nor adequate warnings
as to the necessity of a proper skin patch test before each applica¬
tion so as to determine the user’s toxic reaction. Consequently,
the complaint alleges, the respondent’s advertisements constitute
false advertisements in that they fail to reveal that use of the
preparation under customary conditions or under conditions pre¬
scribed in the advertisements may result in injury to health (4484).

Miimni, Koiiier, Kobbins & Pearson, Ine. — A complaint has
been issued charging W. K. Sterline, Sidney, Ohio, distributor of
preparations for treating hay fever and asthma, and Mumm,
Robbins & Pearson, Inc., Columbus, Ohio, an advertising agency
handling the Sterline advertisements, with misrepresentation in the
sale of such preparation.

The complaint alleges that by means of circular matter dis¬
tributed in various States, the respondents advertised that “W. K.
Sterline’s Compound”, sometimes referred to as “Double Strength
Hay Fever Compound”, and by other similar names, is a cure,
remedy or effective treatment for hay fever; will fortify one’s
system against that ailment and enable one to avoid it, and will

April 18, 1941 — 361

check sneezing and discharging from the nose, when such are not
the facts.

According to the complaint, the respondents also represented
that “Sterline’s Combination Home Treatment” is a cure, remedy
or competent treatment for asthma and that it will restore one to
health and prevent the return of asthma. The respondents, accord¬
ing to the complaint, further represented that this treatment is a
cure or remedy for bronchitis when that disease is associated with
asthma.

The complaint alleges that the respondent’s combination asthma
treatment and the individual preparations which constitute it (“W.
K, Sterline’s Compound”, sometimes referred to as “Sterline’s
.Asthma Compound”; “W. K. Sterline’s Elixir”, sometimes referred
to as “Sterline’s Bronchial Elixir”; and “Korona” or “Asthma
Powder”), used separately or in any combination, have no generally
recognized therapeutic value in the treatment of asthma or bron¬
chitis in excess of affording temporary relief from the paroxysm
usually associated with asthma.

The complaint further charges that W. K. Sterline’s Compound
contains the drugs potassium iodide and fluid extract of lobelia and
that its use as thus constituted may be harmful to those suffering
from active or latent tuberculosis; that this product also contains
sodium bromide and that use of the preparation as thus constituted
over a long period is likely to cause mental derangement; that the
advertisements disseminated by the respondents contain no warn¬
ings concerning the safe and proper use of this preparation under
the circumstances; and that consequently such advertisements con¬
stitute false advertising in that they fail to reveal that use of this
preparation under customary conditions or under conditions pre¬
scribed in the advertisements mav result in serious injury to health
(4485).

Pioneer Maitre.ss Conipany — .A complaint has been issued
charging William E. Evans, trading as Pioneer Mattress Co., 980
Church St., Spartanburg, S. C., with misrepresentation.

According to the complaint, the respondent has represented on
advertising letters and cards bearing the signatures of certain pur-
l)orted women’s clubs, namely, “American Good Housekeepers
Club” and “The Great Northern Women’s Club,” and by other
means, that his mattresses are approved or recommended by various
women’s dubs; that they are designed, sponsored or recommended
by a physician and made of new and unused materials; that the
prospective purchaser’s name has been specially selected and that
by reason thereof he is given an opportunity to obtain a mattress
at a special or reduced price which represents the actual cost of
manufacture. The complaint further alleges that the respondent
also advertised that his offer was open for a limited time only, and
was made in connection with a special advertising campaign.

However, the complaint charges that the respondent’s mattresses
have not been recommended as advertised, either by physicians or
by women’s clubs; that the names of women’s clubs advertised are
wholly fictitious; that names of prospective purchasers are not
chosen on a particular basis but merely from a part of general mail¬
ing lists used by the respondent and his advertising agency, and
that the prices advertised are not special but the regular prices.
The complaint further alleges that in many instances the respond¬
ent’s products are not made entirely of new materials but of used
or second-hand materials.

The complaint also charges the respondent with the use of ficti¬
tious price markings and with use of the name “Simmons” to desig¬
nate certain of his mattresses, misleadingly giving the impression
that such products are made by the Simmons Co. (4483).

Kee«l-I!ar!iii Grocer (loiiipaiiy — Charging violation of the
brokerage provision of the Robinson-Patman .Act a complaint has
been issucrl against the Recd-Harlin Grocer Co., West Plains, Mo.,
which operates branch warehouses in Missouri and Arkansas;
against John R. and Orr M. Reed, trading as West Plains Broker¬
age Co., West Plains, Mo., and against six companies which allegedly
sell merchandise to Recd-Harlin Grocer Co. through the brokerage
firm.

The respondent seller companies arc; Ady and Milburn, Inc,,
Denver, Colo.; .Arkansas State Rice Mill Co., .Abbeyville, La.;
William IJ. Wright and Frank E. Hockeiismith, trading as Midwest
Bean Co., Denver; The Great Western Sugar Co., Denver; Inness
Bros., Inc., Kansas City, Mo., and Louis S. Taube, Theodore Taube
anfl Llovd B. Holden, trading as L. S. Taube & Co., Kansas Cit^',
Mo.

362 — April 18, 1941

.According to the complaint, the respondents, John R. Reed and
Orr M. Reed, who control the West Plains Brokerage Co., are
stockholders and officers of Reed-Harlin Grocer Co., John R. Reed
being a majority stockholder and active manager of the grocery
company.

The complaint further alleges that the respondent sellers pay to
the respondents John R. Reed and Orr M. Reed, trading as West
Plains Brokerage Co., and acting on behalf of the Reed-Harlin
Grocer Co., substantial brokerage fees and commissions on pur¬
chases of the grocery company, particularly foodstuffs. Such
amounts, according to the complaint, represent a percentage of the
quoted sales prices agreed upon between each of the respondent
sellers and the respondents Reed, trading as West Plains Brokerage
Co. These fees and commissions, according to the complaint, have
been received by the respondents Reed and by the Reed-Harlin
Grocer Co. through the respondent brokerage firm.

The complaint further charges that the transmission and iray-
ment of the brokerage fees or commissions by the seller respondents
and their receipt and acceptance by the respondents Reed, trading
as West Plains Brokerage Co., upon the purchases of the Reed-
Harlin Grocer Co., and the receipt and acceptance of such fees or
commissions by the Reed-Harlin Grocer Co., upon its own pur¬
chases, constitutes violation of the brokerage provision of the
Robinson-Patman Act (4486).

Srleiitific Manufacturing Co., Inc., 426 Prescott Ave., Scran¬
ton, Pa., and Howard J. Force, the corporation’s president, have
been served with a complaint alleging misrepresentation in the sale
of medicinal preparations.

According to the complaint, the respondents disseminate false
atlvertisements in which they represent that their preparations
“Pheno-Isolin” and “Pheno-Isolin Ointment” constitute competent
and effective antiseptics and germicides, and possess substantial
therapeutic value in treating skin infections generally, and about
20 specific ailments or conditions including ulcers, carbuncles,
abscesses, athlete’s foot, eczema, gangrenous conditions, diphtheria
and influenza. The complaint alleges that the respondents’ claims
exceed actual accomplishments.

The complaint further charges the respondents with representing
that their preparation “Dialin” constitutes a remedy and effective
treatment for diabetes; effects a chemical change in the blood so as
to reduce the quantity of sugar in the blood; assists the pancreas
to produce insulin in the natural way; eliminates the unnatural
thirst of diabetes victims, and corrects other abnormal conditions
caused by diabetes, when such are not the facts.

According to the complaint, the respondents circulated leaflets
captioned “What the Profession is Doing with Pheno-Isolin” and
“What They Say .About Dialin”, such literature containing pur¬
ported testimonials of physicians recommending the respondents’
preparations. The complaint alleges that the respondents’ prepara¬
tions are not used or recommended by the medical profession
generally (4482).

CEASE AND DESIST ORDERS

Commission has issued the following cease and desist
orders:

Hyi'iil Distributing Co., and Wallace G. Clark and Norman A.
Dodge, of Fort Worth, Texas, have been ordered to cease and desist
from misrepresentations in the sale of “Hyral”, a dental prepara¬
tion.

Commission findings are that prior to 1937, when H>'ral Dis¬
tributing Co., a corporation, obtained a license to do business in
Texas, the respondents Clark and Dodge conducted a business as
a co-partnership under the trade name of Hyral Distributing Co.;
that some of the representations involved in the Commission pro¬
ceeding were made by the respondent co-partnership during its
existence, and that others were made subsequently by the respond¬
ent successor corporation.

The Commission order directs the respondent corporation and
the respondents Clark and Dodge as individuals to cease and desist
from representing that the preiwration “Hyral” is a new discovery,
has germicidal properties, is a cure or remedy lor bleeding gums
or other mouth disorders, or constitutes an effective treatment for
such conditions in excess of that afforded by a mild antiseptic.

These respondents also are ordered to cease representing that
their preparation is a cure or remedy for trench mouth or an
effective treatment therefor in excess of temporarily inhibiting
the growth of the bacteria causing trench mouth.

The order further prohibits the representation that Hyral has
therapeutic value in the treatment of pyorrhea or is a remedy
for pyorrhea; that it will make the gums firm, hard or healthy;
that its use will prevent loss of teeth; that the preparation will
remove tobacco stains or tartar formations, or that it will have
any effect on unpleasant breath odors in excess of temporarily
masking them.

The Commission order further directs the respondent corporation
and the respondents Clark and Dodge, both individually and as its
officers and directors, to cease disseminating advertisements which
represent that their preparation is a new or different dentifrice
or has any special properties which would be effective in making
or keeping the gums firm. (3726)

Kongo Chemical Company, Inc. — A cease and desist order
has been amended which, as announced January S, was issued
against Kongo Chemical Co., Inc., 66 East 131st St., New York,
manufacturer and distributor of “Kongolene”, a cosmetic prepara¬
tion for the hair.

The original order had directed the respondent to cease and
desist from disseminating advertisements of its product which rep¬
resented, among other things, that its use was safe and harmless,
and which advertisements failed to reveal that use of the prepara¬
tion may result in severe caustic action upon the skin and scalp,
w'ith resulting burns.

The modified order is the same as the original order in pro¬
hibiting such dissemination, but adds the proviso that the adver¬
tisement need contain only a statement that the preparation should
be used only as directed on the label w'hen such label contains a
warning that use of the product may result in severe caustic action
upon the skin and scalp with resulting burns, and certain directions
for the safe and proper use of the preparation w'hich are detailed
in the Commission order. (4193)

STIPULATIONS

The Commission has entered into the following stipula¬
tions:

Adlerika Co., 98 South Wabasha Street, St. Paul, Minn., en¬
tered into a stipulation in which it agrees to cease representing
that “Adla Tablets” will bring about neutralization of hyper¬
acidity, bring relief from ‘‘acid stomach”, protect irritated parts
or membranes of the stomach in any manner, or form a protective
coating over the stomach parts or membrane. (02767)

Hiiel Cenipany — S. D. Cates, operating as Buel Co., 800 North
Clark St., Chicago, has entered into a stipulation in which he
agrees to cease representing that his preparation “Buellene” is
effective in the treatment of falling hair or dandruff, unless the
representation is limited to assistance in the removal of accumu¬
lated dandruff scales; that his ‘‘Hot Oil Treatments" make the hair
healthy or stop brittle, breaking hair, or that any of his products
will increase the growth of hair or is a hair grower. (02770)

Arnold Constable & Co., Inc., Fifth Ave. at Fortieth St., New
York, operating a department store, has entered into a stipulation
in W'hich it agrees to cease certain representations in the advertise¬
ment and sale of ladies’ shoes. The respondent corporation agrees
to discontinue employing the word ‘‘Alligator” or other similar
word to describe shoes not made from alligator hide, provided that
the word ‘‘.411igator” may be used to describe the finish of shoes
which are made from materials other than alligator leather and
are finished or embossed to resemble it, when this word is imme¬
diately accompanied by other words clearly indicating that the
designation refers only to the pattern embossed on such mate¬
rials. (3060)

Diatest Laboratories — Alfred Muller, trading as Diatest
Laboratories, 1133 Broadway, New' York, has entered into a

stipulation in which he agrees to cease advertising that a device
known as ‘‘Diatest Tester” is the only tester for determining the
sugar content of urine which does not use or require flame, and
that it is the most accurate tester available for determining such
sugar content. (02768)

Burton G. Feldman and Associates Incorporated, 540 North
Michigan Ave., Chicago, an advertising agency, stipulated that it
w'ill cease disseminating advertisements on behalf of Ccllman
Manufacturing Co., Rock Island, Ill., which represent that that
company’s vapor-electric bath cabinets known as ‘‘Beauty Builder
and Beauty Fount” have a direct value in the permanent reduction
of excess w'eight; that such cabinets, by means of vapor-heat,
infra-red, or ultra-violet rays, help eliminate excess fat, or that the
use of the cabinets will “cure”, “banish” or “erase” fatigue. (02765)

Frolilicb Laboratories — A Seattle, Wash., group has entered
into a stipulation to cease certain representations in the sale of
“Dr. Frohlich’s Z’Out Hair Destroyer”. The respondents are
Louis B. Frohlich, trading as Frohlich Laboratories; Frohlich
Laboratories, Inc., and David F. Griff, trading as F'rohlich Dis¬
tributing Co., with offices in the Peoples Bank Building, Seattle.
They agree to cease representing that their preparation will per¬
manently destroy hair or prevent the regrow'th of hair, or that its
use will result in the permanent removal of hair. They also agree
to cease employing statements w'hich have the capacity to cause
the impression that their preparation possesses any marvelous
qualities or that its development is the result of seven years w'ork
or of any amount of work, effort, experimentation or research
greater than that actually used or performed in its development.
(3061)

Helix Iiie., 79 F’ifth .Ave., New York, and four other

textile merchandise corporations having executive offices at that
address, have entered into a stipulation to cease certain rejrresen-
tations in the sale of their products which include men’s and
women’s wearing apparel and sheets and pillowcases.

The Helix Co., Inc., according to the stipulation, purchases the
merchandise used by each of the four other companies which are
a New' Jersey, a Massachusetts, a Michigan and an Illinois cor¬
poration each operating under the name Royal Crown Hosiery
Co., Inc.

The respondents agree to cease using the words “Silk,” “Satin”
or other words connoting silk in advertisements or trade literature
to describe fabrics or merchandise not composed of silk; and to
properly qualify the descriptions when the products consist in
part of silk and in part of other fiber material. They also stipu¬
late that they will discontinue employing the term “Lisle” as
descriptive of goods not made of lisle.

The respondents further agree to cease employing the word
“Bemberg” or other name or word, alone or with other w'ords,
as descriptive of the rayon content of garments, fabric or material,
unless such name or word is immediately accompanied by the
w'ord “Rayon” in letters or type of equal conspicuousness, as
“Bemberg Rayon.” They also agree to cease advertising, brand¬
ing, labeling, invoicing or selling any product composed in whole
or in part of rayon without complete disclosure of the fiber con¬
tent by naming each constituent fiber in the order of its pre¬
dominance by weight.

In the case of goods w'hich are not shrinkageproof or nonshrink-
able, or which have not been fully shrunk or “pre-shrunk” to the
extent that no residual shrinkage remains in them, the respondents
agree to cease employing the term “Pre-Shrunk” or similar descrip¬
tive words. If, according to the stipulation, the term “Pre-
Shrunk” or other similar terms are properly used to indicate tliat
goods have undergone a shrinking process, but there still remains
in them a certain amount of residual shrinkage, such terms shall
be accompanied by a statement of percentages clearly indicating
the amount of remaining residual shrinkage.

The respondents also agree to desist from using statements which
tend to cause the impression that sheets, pillowcases or other tex¬
tile products to which starch has been added contain no starch.
(3062)

Inspire, Incorporated, 552 Mission St., San Francisco, and
Edgar D. Sloat, its president, has entered into a stipulation in
which they agree to cease advertising that their device designated

April 18, 1941 — 363

“Deep-Skin Electro-Mask,” will re-establish natural functions of
the underskin, glands, circulation or nervous system; will normalize
the skin or revitalize the tissues ; is an effective remedy for wrinkles,
crow’s feet, lines, enlarged pores, pimples, blackheads, dry skin or
oily skin, and that the device accomplishes all the benefits of the
most extravagant salon facial and is a sure means of attaining
beauty. The respondents also agree to cease using the words
"Deep Skin” as part of the brand name for their product; to
cease representing in any manner that the effect of the device
extends deeply into the skin ; that it has any effect directly upon
the dermis, or that it acts from the inside outward. (02763).

Kaiicky’s I’liarmacy — Agreeing to discontinue certain repre¬
sentations in the sale of a medicinal preparation designated
"Kaucky’s Formula Herb Tea”, Emanuel Kaucky, trading as
Kaucky’s Pharmacy, 6348 West 26th St., Berwyn, Ill., entered into
a stipulation. The respondent agrees to cease advertising that the
use of his product will cause one to have a clean body or a clear
mind ; will cause the system to return to normal ; will relieve
rheumatism, and will have any therapeutic value in the treatment
of headaches in excess of affording relief from headaches due to
constipation. The respondent also stipulates that he will cease
representing that his preparation has any therapeutic value in the
treatment of constipation or stomach, intestinal, bladder or kidney
ailments in excess of that afforded bv a laxative and diuretic.
(02764)

Kiiox-.\ll Coinpaiiy — Trading as The Knox-All Co., W. C.
Stewart, of 18 West Exchange St., Freeport, III, stipulated that in
connection with the sale of poultry and animal preparations he
will desist from advertising that “K-.4 Poultry Spray” prevents or
eliminates cold, roup or other poultry diseases; keeps the flock or
the [loultry house free from mites or bluebugs; penetrates to all
parts of the poultry house; aids in killing germs before they attack
the birds, and is endorsed by leading hatcheries. The respondent

also stipulates that he will cease representing that “K-A Fur Farm
Fluid” destroys vermin w'hich infests animals ; is effective against
fleas, lice or ticks on fur-bearing animals, and effectively combats
earmites; that “K-A Neptol Tablets” is effective against symptoms
of diarrhea, sour crop, poor appetite or temporary constipation,
and that “K-.A Alroc Tablets” is effective in the control of
cholera, or typhoid, in chickens, turkeys, geese or ducks. (02769)

Paxton and Gallagher Co., Omaha, Nebr., entered into a
stipulation in which it agrees to cease advertising that a pound
of its “Butter-Nut Coffee” makes more cups of coffee than a
pound of any other coffee; that it has discovered a new or extra¬
ordinary process of maturing coffee and that its maturing method
eliminates all trace of harshness or coffee acids. (02762)

Potts-Tiirnbnll Co., 912 Baltimore .Ave., Kansas City, Mo., an
advertising agency stipulated that it will cease advertising, on
behalf of Gooch Feed Mill Co., Lincoln, Nebr., that favorable
results in egg production or chick raising depend solely on using
Gooch’s chicken feeds; that a low feeding cost or a balanced egg
making ration is insured by using “Gooch’s Best Laying Mash”;
that mash w'ill enable hens to lay more eggs, have better body
w'eight or condition, or be more vigorous or resistant to disease
than any other product, and that the use of “Gooch’s Best Starting
Feed” insures healthy chicks or a certain weight w'ithin a speci¬
fied time. (02766)

FTC CASE DISMISSED

The Federal Trade Commission dismissed w’ithout prejudice a
complaint which had charged Consolidated Book Publishers, Inc.,
537 South Dearborn St., Chicago, with violating the Federal Trade
Commission Act in the sale of books. This case involved certain
representations concerning the quality of the bindings of books
sold by the respondent corporation.

364 — April 18, 1941

1626 K STREET, N. W.

WASHINGTON, D. C.

Vol. 9, No. 17, April 25, 1941

THE WEEK IN WASHINGTON

Convention plans progressing, (p. 365).

BMI makes film for NAB Convention. Embassy Music
Corporation in BMI. (p. 366).

Alternative plans of copyright and libel insurance out¬
lined. NAB Insurance Committee makes preliminary
report on insurance rates, (pp. 367-368).

Code Committee makes important recommendation.
Broadcast Advertising Department suggests careful survey
of advertising accounts. Radio to participate in AFA
convention, (p. 370).

Daylight Saving legislation summarized. Chairman
Fly comments on monopoly report and defense. News¬
paper owned stations organize, (p. 372).

NAB Convention

With the convention opening date but slightly more
than two weeks distant, the plans which have been in the
making for a number of months are fast coming to a head.
Under the able direction of Merle Jones, KMOX, General
Chairman, St. Louis broadcasters bave perfected arrange¬
ments which assure the careful handling of all details
essential to the comfort and proper entertainment of
all who attend.

The Housing Committee, of which Ray Dady, KWK,
is Chairman, has nearly completed its task. More than
500 advance reservations have been made. There are
still plenty of available rooms in St. Louis hotels and even

the headquarters hotel, the Jefferson, is capable of ac¬
commodating some additional guests.

The response to the Promotional Exhibits Commit¬
tee’s activities, has been most encouraging and the big
Crystal Room of the Jefferson is certain to be crowded
with a most interesting and enlightening display of all
types of promotion material which has proven effective
to stations large and small.

Twelve equipment manufacturers and transcription
companies, all associate members of NAB, will conduct
exhibits during the convention. All of these headquarters
have been definitely established and prior announcement
of their locations in the hotel will be made.

Splendid entertainment in connection with the ban¬
quet is assured. The production heads of CBS, MBS and
NBC are cooperating, and William Bacher, WGN, Chi¬
cago, has been named as manager of production of the
show which will be put on in connection with the banquet.
Every facility of writing and production in the three
network departments has been placed at the disposal of
Mr. Bacher.

The program for the business sessions promises to in¬
troduce subjects which are of transcendent importance
to broadcasters at this time; questions which deeply and
vitally effect every person engaged in the radio broad¬
casting industry. It may well be predicted that this St.
Louis meeting will go down as one of the most important
the broadcasting industry has ever had.

Present indications are that it will be one of the largest
from standpoint of attendance. In next week’s Reports
we hope to publish a full outline of the tentative program.
Those who have not made their reservations at St. Louis
should do so at once.

You Can’t Afford to Miss the NAB Convention

May 12, 13, 14, 15

New Jefferson Hotel St. Louis

April 25, 1941 — 365

Neville Miller, President C. E. Arney, Jr., Assistant to President

Edward M. Kirby. Director of Public Relations; Joseph L. Miller,
Director of Labor Relations ; Frank E. Pellegrin, Director of
Broadcast Advertising ; Paul F. Peter, Director of Research ;
Russell P. Place, Counsel; Lynne C. Smeby, Director of Engineering

BMI

BMI AT WORK

A crew of cameramen from the William H. Wells Pro¬
ductions headed by Henry M. Lester, authority on
photography and co-author of “Leica Manual,” systemati¬
cally interrupted work in the various BMI departments
last week to photograph members of the staff steaming
under the hot Klieg lights. The picture is for exhibition
at the NAB Convention in St. Louis. Head director is
Julian Roffman who made a name for himself as the
producer of And So They Live, a documentary film of
conditions in the Kentucky hills made for the Sloan
Foundation of New York University. Mr. Roffman is
also the producer of Getting Your Money’s Worth, a series
of theatrical shorts which received wide spread attention.

'I'he crew is working from a prepared script which
narrates what happens between the time a composer sub¬
mits a manuscript to BMI and the music is shipped out
to BMI member stations. The script details the process
by which BMLs Music Production Department, the
largest in the world, prepares arrangements for all musical
instruments and tests the arrangements in actual perform¬
ance. The picture offers the next best thing to actually
visiting BMI and observing minutely the significant work
of the Department. The purpose in making it is to give
each owner of BMI an opportunity to see for himself
what has been accomplished in the creation and operation
of the new music com|)any.

BMI ACQUIRES NEW HIT TUNES

BMI has acquired the iierforming rights, effective at
once, of all music published by Embassy Music, Corp.
Through the transaction, BMI licensees receive a cata¬
logue of some seventy-five dance and rhythm numbers,
including perhaps the best prize winning song from the
‘‘Fame and Fortune” contest sponsored by Tommy
Dorsey. Among the most popular of the Embassy selec¬
tions are. Oh, Look At Ale Now, Everything Happens To
Me, Let’s Get .hevpv From It All, and the rhythm number
Quiet, Please.

In addition to the Dorsey catalogue, iM. E. Tompkins,
BMI’s Vice President and General Manager, is calling
attention to the fact that the following numbers in the
recently acquired catalogue of Cooper Music, Inc., are
exceptionally good:

Down Where the Delta Begins
Larry Wynn and Jerry Bresler
The Clock Song
Salzman, Wynn and Bresler
The Night Was Given To You
Ashley Miller
Five Guys Named Moe
Wynn and Bresler

All the lists reveal that many new publishers have come
into being since the first of the year. During 1940, appli¬
cations filed with the Secretary of State of New York for
chargers to conduct a music publishing business averaged
two a month. Since January 1, 1941, they have averaged
ten a month.

MOTHER’S DAY SONG

Dana Merriman, alias Danial Sibley, has met the chal¬
lenge again for a timely song, offering Alothcr of Men as
a BiMI special for Mother’s Day on Sunday, i\Iay 12th.
Copies for distribution to member stations will be avail¬
able on or about May 1st. Both words and music were
written by iMr. Merriman who from long years of experi¬
ence has learned not to wait on inspiration but to seek it.

Lyrics follow:

When as a child — whose watchful care
Followed and guided me everywhere
Who always heard my “Goodnight” prayer?

When, as a youth, I often strayed
Whose trust and faith held fast, unafraid.

E’en tho’ that trust and faith were oft betrayed?

Who always hoped — tho’ beset with fears —

Who always smiled through blinding tears —

Who always loved through all the years?

Who always forgave — again and again
Tho’ meek — who had the strength of ten?

Her name, you ask ? She’s the MOTHER OF MEN !

Copyrighted, BMI, 1941.

MUSIC FOR THE ARMY

A BMI campaign of cooperation is making available to
army camps professional copies of BMI songs which lend
themselves to group singing in the barracks. The most
recent of these is I’m In The Army Now by Frank Luther.
The music is much appreciated judging by the letters
BMI is receiving and the requests for dance and choral
arrangements.

In WRVA’s broadcast. Okay, America, which is pre¬
sented each week from Camp Lee situated between Peters¬
burg and Hopewell, Virginia, the band warms up each
morning by playing BMI’s Military Alaesiro by Richard
D. Becker.

Not forgetting the need of keeping spirit’s high in
London, BAH is making arrangements to distribute
bundles of its professional music to Britain’s bands. This
last came as the result of a suggestion from Dorothy
Kilgallen, newspaper and radio columnist.

366 — April 25, 1941

BMI FEATURE TUNES
April 28-May 5

1. MY SISTER AND I

2. WALKIN’ BY THE RIVER

3. WISE OLD OWL

4. FRIENDLY TAVERN POLKA

5. G’BYE NOW

6. WHAT D’YA HEAR FROM YOUR HEART

7. HERE’S MY HEART

8. TALKIN’ TO THE WIND

9. WITH A TWIST OF THE WRIST

Billboard’s music popularity chart gives BMI a 100%
rating in top money making records for automatic phono¬
graphs. The four tunes listed under “Going Strong” are:
High On A Windy Hill, There’ll Be Some Changes Made,
It All Comes Back To Me Now and Amapola. Promi¬
nent among those “coming up” are: Wise Old Owl,
Friendly Tavern Polka, and G’Bye Now. Amapola
continues to lead all lists of national and regional best
selling retail records and best sheet music sellers. In it’s
column On the Records, Billboard points to G’Bye
Now as a song “pointing for a hit” and gives high praise
to the growing popularity of The Friendly Tavern Polka.
In Variety’s fifteen best sheet music sellers, BMTs Walkin’
By the River, is second only to Amapola, while My Sister
and I, Wise Old Owl and G’Bye Now rank high in the
list. In addition to those songs mentioned above, network
plugs feature. With A Twist Of the Wrist, You Walk By,
I Hear A Rhapsody, Because Of You, Keep An Eye On
Your Heart, So You’re the One, and Let’s Dream This
One Out.

NEW LYRICS FOR FAMILIAR MUSIC

Fulfilling a long-felt need in the music world, BMI’s
Public Domain Lyric Department has won much praise in
the few short months of its existence. This department,
headed by Irving Weill, was created to make available to
BMI licensees new lyric settings for familiar melodies of
the past.

The lyrics of many public domain selections previously
used have been unsatisfactory to vocalists in several
aspects. Among the shortcomings cited are: imperfect
“wedding” of lyric and melody, with incorrect accentua¬
tion, improper placing (in high and low registers) of
words and vowels that are difficult to sing, and “un-
poetic” translations. New lyrics now being written at
BMI meet these objections as they are done by writers
having musical as well as lyric training, who avoid the
pitfalls. Among those who have been commissioned by
BMI to do lyric settings are Margaret Munzen, Gertrude

Forster and James Ballister, all of whom are highly re¬
garded for their work in this field.

In numbers for new lyrics, BMI has chosen not only
those that are familiar as songs, but also many composi¬
tions which have hitherto been known only as instrumen¬
tal selections. Included among these instrumental num¬
bers which now have BMI lyric settings are The Scarf
Dance (Chaminade), Raff’s Cavatina and Rubenstein’s
Melody in F. To date, some 160 ever-popular selections
have been sent to BMI stations, with hundreds more
scheduled for release in the future.

BMI TUNES SUNG BY MOVIE AUDIENCES

BMI numbers are being performed rather generally in
motion picture theaters. Most of the recently popular
songs are BMI so that in theaters where songs are sung
by the audience, exhibitors have found it necessary to
play BMI tunes in order to hold the interest of the audi¬
ence and to attain the full enthusiasm for group singing.

Among the larger New York theaters featuring BMI
hits are the Strand Theatre where Jimmy Dorsey is play¬
ing / Hear A Rhapsody and others, and the Paramount
where Siggy Lane, vocalist, is featuring My Sister and I.

BMI officials see closer cooperation between radio and
the film industry as a result of the effective promotion
done by BMI stations of the film Pot O’ Gold starring
Jimmy Stewart and Paulette Goddard and featuring
Horace Heidt. Three of the numbers from the score
are published by BMI and the exploitation campaign
put on by member stations is credited with greatly
boosting audience attendance of the film.

COPYRIGHT INFRINGEMENT AND
LIBEL INSURANCE

Two proposals to insure broadcasters against liability
for copyright infringement and radio defamation have
recently been brought to the attention of the NAB. One,
on which it is our understanding stations have been cir¬
cularized by John C. Paige & Company of Boston, Mas¬
sachusetts, is written by The Employers’ Liability As¬
surance Corporation, Limited; the other, still in the
formative stage, is expected to crystallize into a definite
proposition within the week.

Both propositions will be submitted to the NAB Insur¬
ance Committee for their analysis and possible recom¬
mendation to the members. Believing that station man¬
agers will be interested in a brief outline of the two
propositions, we print below our understanding of the
respective coverages.

Under the policy offered by John C. Paige & Company
the insurance company obligates itself to defend all suits
on claims covered by the policy in both Federal and State
courts. Such suits for damages claimed by reason of the

April 25, 1941 — 367

infringement of copyright through dramatic as well as
non-dramatic performances of musical and dramatico-
musical compositions, as well as musical arrangements,
are covered. The insurance applies to copyrights pro¬
tected at common law as well as by statute.

The insurance against liability for defamatory broad¬
casts is based upon the principle that the station need
only exercise due care in programming, which means
that the insurance company undertakes to free the broad¬
caster from the doctrine of absolute liability without fault
which prevails generally in libel cases.

The company assumes the payment of 85'/r of all judg¬
ments against broadcasters in both copyright and de¬
famation actions within the aggregate limit of the policy.
The judgments for damages covered by the policy in¬
clude such amounts as may be awarded for attorney's
fees and costs to victorious plaintiffs. Tn the case of
copyright infringement the company’s liability is limited
to single claims of .ji5,000.00 each, whereas in the case
of defamatory broadcasts the company's liability is re¬
stricted to single claims of $10,000.00.

d'here is no deductible amount in this policy for which
the station may be solely liable without contribution by
the company, as is the case in excess insurance contracts.
The policy submitted obligates the insurance company
to pay 85% of every dollar within the policy limits. For
example, if the judgment is $5,000.00, the company is
obligated to pay $4,250.00 and the broadcaster only $750,
whereas if a claim is settled for $250.00, the company is
obligated to pay $212.50 and the broadcaster only $37.50.

In its coverage against liability for copyright infringe¬
ment the company protects the station for infringements
committed through live talent as well as recordings, in¬
cluding electrical transcriptions. Infringing material in
transcriptions is covered provided it has been determined
by an experienced musician to be free for broadcast. This
would include bridge music, theme songs and similar
works. The policy extends protection to the broadcast
of all musical programs of copyrighted works and, in
addition, insures the station against any errors in making
reasonable determinations as to the public domain status
of music, tn practice, the company insures the station's
use of the catalogues of licensing organizations in exchange
for subrogation of the company to the station’s claims
against such licensing organizations. In connection with
material not included within the licensed catalogues, the
station is recjuired to make a reasonable investigation of
the copyright status of such works and to obtain a license
to broadcast same. Where the station through the assist¬
ance of ex]ierienced musicians, and after reasonable in-
ciuiry as to the ownership of each musical composition and
as to the membership of the authors and composers in
the various performing rights organizations, determines
that a given w(jrk retpiires no performing license, such

determination by the station is insured by the policy.

The broadcaster is required to conform to existing prac¬
tices of refraining from deliberate infringement and mali¬
cious defamation, cessation of broadcasting after notice,
and obtaining indemnity obligations from advertisers or
agencies for material supplied by the latter. The policy
requires the broadcaster to obtain an indemnity from
licensing organizations, which is offered by BMI and
SESx^C. In the defamation coverage the station is re¬
quired to e.xamine program scripts to delete defamatory
matter. Where no scripts are available, as in the case
of extemporaneous programs, the station is merely re¬
quired to establish rules and regulations for speakers and
others to avoid defamation.

Under the other plan of coverage which is in prospect,
broadcasters would be protected against all claims for
infringement of copyright, common law intellectual prop¬
erty rights, invasion of rights of privacy and radio de¬
famation, without any condition that they exercise any
degree of care or make any investigations. They would
be covered up to $25,000 for any one claim, with an
over-all coverage for all who go into the plan of $1,000,-
000. The company would pay 80% of all claims and
would defend any and all suits at its own expense.

Essentially the plan is self-insurance with 20% of the
liability retained by each broadcaster and the purchase
of excess insurance with a responsible company.

At the present stage of negotiations and based upon
200 stations coming in, the figures are as follows:

Each station would pay a gross premium of $350 and
is it the expectation that $175 would be returnable or
applied as a credit against the next year’s premium. If
300 stations came in the gross premium would remain
at $350 but the net premuim, it is anticipated, would
be reduced to $100.

The Report of the Insurance Committee on this form
of coverage and these two proposals will be released as
soon as available.

INSURANCE RATES

The NAB Insurance Committee met on March 24 in
New York. Roger Clipp, chairman, has indicated that
the work of the committee is progressing satisfactorily
and as a result of the meeting the committee has the
following to report.

Preparation of a manual is well under way. This
manual will contain definitions of every type of insurance
coverage available to broadcasters which are itemized in
the questionnaire which was previously submitted by
the Committee to the membership with the purpose of
gathering information on the amount of insurance carried
by individual stations.

Negotiations are proceeding through insurance car¬
riers, cooperating with the Central Traction and Lighting

368 — April 25, 1941

Bureau, with the establishment of a uniform fire insur¬
ance policy for the broadcasting industry which will
contain a more comprehensive lightning and electrical
damage clause. The form of fire policy now available
to Broadcasting Stations does not adequately protect
broadcasting stations, against damage to equipment by
lightning or by electrical break-down in equipment.

Through the National Bureau of Casualty and Surety
Underwriters, the Committee has secured complete in¬
formation for individual States, on compensation insur¬
ance as applicable to broadcasting stations. The Com¬
mittee suggests that all stations check the rate of their
compensation insurance and recommends that if any
broadcaster is securing a less favorable rate under their
compensation insurance policy that they consult their
insurance broker or their compensation board and request
an adjustment.

Follwing are the compensation rates for the respective
states under the respective code numbers which are hereby
defined:

Radio Broadcasting or Commercial Wireless Stations

Transmitter or Field Employees — including Drivers,

Chauffeurs and their Helpers .

Code #7609

Salesmen .

Code #8742

All other employees—

-including control operations

confined to studio exclusively, announcers, play-

ers, entertainers.

musicians or

clerical office

employees .

Code #7610

Code

Code

Code

STATE

#7609

#8742

#7610

Alabama .

.59

.32

.07

Arizona .

. . , (N) 4.91

.56 (0)

.35 (T)
.35 (M)
1.09

Arkansas .

1.25

.48

.17

California .

.89

.49

.14

Colorado .

.99

.47

.15

Connecticut .

.72

.29

.13

Delaw'are .

* 1.15

**.13

District of Columbia.

.96

.43

.15

Florida .

. . . .66

.39

.12

Georgia .

.62

.34

.09

Idaho .

.72

.31

.11

Illinois .

.68

.30

.10

Indiana .

.65

.36

.11

Iowa .

.67

.41

.11

Kansas .

.74

.52

.12

Kentucky .

.70

.41

.12

Louisiana .

.88

.35

.14

Maine .

.77

.33

.09

Marvland .

.89

.33

.17

Massachusetts .

.49

.14

.13

Michigan .

.88

.08

.14

Minnesota .

.90

.08

.16

Mississippi .

3.33

.20

.36

Missouri .

.88

.37

.14

Montana .

1.21

.53

.18

Nebraska .

1 .08

.49

.17

New Hampshire . . ,

.69

.21

.11

New Jersey .

1.15

.48

.18

New Mexico .

.73

.31

.11

New York .

1.57

.47

.22

North Carolina .

.79

.41

.13

Oklahoma .

, . 1.02

.31

.17

Oregon .

1.36

.45

.15

Pennsylvania .

*1.70

**.24

***.28

Rhode Island .

.70

.29

.12

South Carolina .

2.61

.57

.13

South Dakota .

.70

.52

.11

Tennessee .

.59

.24

.09

Code Code Code

STATE #7609 #8742 #7610

Texas . I.IS .78 .16

Utah . 1.13 .62 .18

Vermont . .52 .19 .09

Virginia . .61 .27 .10

Washington . 1.07 .33 .12

Wisconsin . 1.08 .52 .17

Delaware & Pennsylvania — *Telegraph or Telephone Operator,
including maintenance, extension and construction offices.

**Salesmen (outside) Collectors and (Code No. 951) Messengers
(and making of service connections — Code No. 757).

***Theaters — all employees including office — Code No. 967.

Arizona (N) — Telephone or Telegraph Companies operation,
maintenance, extension offices and making of service connections —
Code No. 7600.

(O) — Theaters:

Managers (not stage managers) — box office employees, ushers
and others not employed upon the stage, excluding care, custody
and maintenance of premises — Code No. 9154.

(T) — Players, Entertainers or Musicians — Code No. 9156.

(M) — Stage Hands (not players or entertainers) motion picture
machine operators and employees engaged in care, custody and
maintenance — Code No. 9150.

FOLLOWING ARE COMPENSATION BOARDS TO WHICH
RATE QUESTIONS SHOULD BE REFERRED:

The National Council on Workmen’s Compensation Insurance,
Mr. William F. Rober, General Manager, 45 East 17th Street, New
York City calculates the base rates in the States of .Alabama, Ari¬
zona, Arkansas, Colorado, District of Columbia, Elorida, Georgia,
Idaho, Indiana, Kansas, Kentucky, Louisiana, Maine, Maryland,
Michigan, Missouri, Montana, New Hampshire, New Mexico, North
Carolina, Oklahoma, South Carolina, Tennessee, Utah and Vermont.

The Delaware Compensation Rating and Inspection Bureau, 938
Public Ledger Building, Philadelphia, Pennsylvania, Gregory C.
Kelly, General Manager calculates the compensation base rates for
the State of Delaware.

The California Inspection Rating Bureau, 500 Sansome Street,
San Francisco, California; R. A. Whittaker and J. A. Froberg,
Managers, calculates the base rates for the state of California,

The Massachusetts Rating and Inspection Bureau, 89 Broad
Street, Boston, Massachusetts, Mr. McGoone, Manager, calculates
the base rates for the State of Massachusetts.

The New Jersey Compensation Rating and Inspection Bureau,
60 Park Place, Newark, New Jersey, Mr. A. R. Lawrence, Chair¬
man and General Manager and Deputy Insurance Commissoiner,
calculates the base rates for the State of New Jersey.

The Minnesota Compensation Rating Bureau, 523 Marquette
Avenue, Minneapolis, Minnesota, Mr. J. F. Reynolds, General
Manager, calculates the base rates for the State of Minnesota.

The Compensation Insurance Rating Board, 125 Park Avenue,
New York City, Henry D. Saver, General Manager, calculates the
base rates for the State of New York.

The Pennsylvania Rating and Inspection Bureau, 938 Public
Ledger Building, Philadelphia, Pennsylvania, Gregory C. Kelly,
General Manager, calculates the base rates for the State of Pennsyl¬
vania.

The Workmen’s Compensation Division, State Fire Insurance
Commission, calculates the base rates for the State of Texas.

The Compensation Insurance Rating Bureau of Virginia, 323-325
Broad-Grace Arcade, Richmond, Virginia, E. E. Cadmus, Manager,
calculates the base rates for the State of Virginia.

The Wisconsin Rating and Inspection Bureau, 312 E. Wisconsin
Avenue, Milwaukee, Wisconsin, Mr. G. E. Hayden, calculates the
base rates for the State of Wisconsin.

The National Bureau of Casualty and Surety Underwriters, 60
John Street, Mr. William Leslie, (jeneral Manager, calcuiates the
base rates for the States of Connecticut, Illinois, Iowa, Nebraska,
Rhode Island and South Dakota.

The following are Monopolistic State Eunds, rates calculated by
and administered by the Departments listed:

Nevada Industrial Commission, Carson City, Nevada.

Harry H. Lee, Auditor.

North Dakota Workmen’s Compensation Bureau,

Bismarck, N. D.

P. B. Sullivan, Chairman.

J. E. Pfeifer, Secretary.

Ohio — Industrial Commission of Ohio,

65 S. Front St., Columbus, Ohio.

April 25, 1941 — 369

Thomas M. Gregory, Chairman.

E. I. Evans. Actuary.

Mart. T. Christensen, State Treasurer,

Cheyenne, Wyoming.

For employments under the acts in the States of Oregon and
Washington, coverage may only be secured in the State Funds
administered as follows:

Oregon — State Industrial Accident Commission.

L. O. Arens, Chairman.

L. R. White, Assistant Commissioner,

Salem, Oregon.

Washington — Department of Labor and Industry
J. W. Hoover, Treasurer.

Ed. S. Franklin, Special Assistant, Attorney General,

Olympia, Washington.

Sales

CODE COMMITTEE

With reference to commercial copy for an “enriched
bread” announcement, the Code Committee this week
expressed the following opinion:

“It is felt that stations should guard against undue capitaliza¬
tion of the defense program and against misrepresentation, bad
taste and any inference of government endorsement. While undue
e.xploitation of national defense would obviously be ill-advised,
references to national defense in commercial copy, properly handled
as to type of copy and manner of presentation, may be thor¬
oughly acceptable.”

DEVELOP REPLACEMENT REVENUE

The national defense effort and expenditures, a sub¬
stantial stimulus to business, employment and consump¬
tion of advertised products, should have a marked effect
on increasing radio advertising revenue. Despite the
general and over-all increase, some types of business,
however, will be adversely affected due to priorities and
curtailment of production.

Radio stations now getting a substantial percentage
of their revenue from these few sources should plan now
to build sources of replacement in other types of business.

Through the cooperation of NAB with the Canadian
Association of Broadcasters, valuable information has
been secured based on advertising experiences in England
and Canada in connection with the war effort. Recent
announcements by U. S. national defense agencies and
by industry indicate we are approaching similar conditions
in business here.

A voluntary reduction by 20 per cent in automobile
production, announced last week and to be effective Au¬
gust 1, may serve to reduce automotive advertising in
the new car field, where already a seller’s market exists.
The used car field, however, should consequently become
more important. Similar reductions may be expected in
other fields, where priorities of materials and requirements
for machines, factories and skilled labor for national de¬
fense will be a factor in curtailment of production.

In England during the first half of 1940:

Automotive advertising decreased 80 per cent.

Household equipment advertising decreased 60 per cent.

Radio goods advertising decreased 41 per cent.

Whether these experiences will be repeated here re¬
main to be seen, but informed quarters advise that ad¬
vertising media should be prepared. Revenue thus lost
should be replaced without undue delay by increased
activity in other lines and by development of new sources.
Drugs, toilet goods, food products, clothing and other
staples suffered little or no decline in England and Canada,
NAB was informed.

SAVINGS AND LOAN GAINS

An opportunity for radio to develop revenue from the
real estate and building fields and from savings and loan
association is indicated in a report from Paul Endicott,
president of the U. S. Savings & Loan League.

.Ample home-owner credit will continue to be available
to Americans. Savings and loan associations whose credit
transactions are solely on residential real estate received
$99,871,000 in Eebruary, a 17 per cent increase over the
same month a year ago, and January had shown a 14.8
per cent increase. More of this money came from new
savers than any time in the past two years.

“Many of these people had never heard of savings,
building and loan associations when last they had money
to save, but now they are aware of them because of the
several-times expanded advertising programs of these
institutions,” Mr. Endicott said.

AMERICAN MEAT INSTITUTE

The NAB Department of Broadcast Advertising has
succeeded in interesting the American Meat Institute of
Chicago in considering radio as a national advertising
medium for its future campaigns. Specific proposals for
the effective use of radio are being drafted and will be
presented to the Institute within the next three weeks.
.As part of this presentation, any contributions from NAB
member stations will be welcomed, showing the effective¬
ness of our medium in the advertising and selling of food
products.

AFA CONVENTION, MAY 25-29

Plans for radio’s participation in the annual convention
of the Advertising Eederation of America are being made
by the Department of Broadcast Advertising. The con¬
vention, to be held in Boston May 25-29, will be attended
by important agency executives, time buyers and adver¬
tising managers, and a wide representation from radio
stations is expected.

Entertainment of the delegates at a Cabaret Party
Alay 27 will be furnished by Boston stations in coopera-

370 — April 25, 1941

tion with the networks, with Kingsley Horton, sales
manager of WEEI, as chairman of the committee.

Radio’s departmental program will be held Wednesday
morning. May 28, followed by an international short¬
wave discussion at the general luncheon between the
American and British Advertising Federation presidents.

INVITATION TO CUT RATES

NAB members are advised to proceed with caution in
dealing with the Golden Glint Co., Inc., of Seattle, Wash.,
currently querying stations for rates. While nothing has
yet been reported to indicate that this company will not
purchase advertising at established rates if stations adhere
to them, it appears to be seeking special deals, writing one
station in part as follows:

“If you want to make us a proposition for the time on
your stations more closely in line with what we can get
from other stations, we would be interested, but otherwise
not!”

FREE TIME REQUESTED

Efforts are being made by its advertising agency on
behalf of the Forstmann Woolen Co. to secure free radio
time for interviews with a travelling representative of the
company “on an extensive trip covering leading cities
throughout the country. While in these cities she will
visit the leading department stores and put on shows for
the stores’ personnel featuring the Forstmann spring line
of fabrics and costumes made in these fabrics . . .”

It is the opinion of NAB that such broadcasts, if
carried, should be paid for at established rates either by
the Forstmann Co. or by the department stores in each
city featuring those products. Encouragement by sta¬
tions of such free time practices will tend to make similar
abuses more widespread, and set precedents that ulti¬
mately may decrease advertising revenue.

Stations have reported the request from World Broad¬
casting System for free announcements promoting the sale
of the “You Can Defend America” booklets, available
at news stands for 10 cents. Unless stations feel that they
are not now devoting sufficient time to the national de¬
fense, it is the opinion of NAB that this may be con¬
sidered a commercial venture, since there is sufficient
margin in the price of the booklet to return a profit to the
printer and news vendor. NAB is also advised that the
booklet has sold in very large quantities withou free help
from radio.

The Fish and Wildlife Service of the Department of the
Interior is furnishing fish market news to radio stations,
often of genuine value in home economics programs.
However, under the direction of Don Bloch, “Informa¬
tional Service Representative,” many stations have also
been asked to broadcast free plugs promoting the sale
of fish.

It is NAB’s opinion that this is a request for time and
service that should be paid for by local fish markets and
dealers. If this service is given by broadcasters free to
the fish industry, stations are vulnerable to similar re¬
quests for free time from the food industry, the coal
industry, and so on without end.

NAB has discussed this with i\Ir. Bloch, who insists
that he is rendering a publicity service of value in the
national defense program. He disclosed the list of sta¬
tions and the free services they are now giving him, as a
result of a skilfully worded request that implied govern¬
mental sanction and cooperation with the national defense
program.

.4 careful check of the rates of all stations carrying
these free plugs, as published in Standard Rate & Data,
with all frequency discounts figured, show that if pur¬
chased at regular rates this service should cost the fish
industry $1,886.08 per week, or $98,076.16 per year.

One hundred and thirteen stations have been giving
a total of 458 free plugs per week, or 23,816 free plugs
per year.

.^s long as this service is given free in cooperation with
Mr. Bloch’s publicity efforts, it is the opinion of NAB
that stations will find it difficult indeed to develop com¬
mercial revenue from fish markets, dealers, processors
or distributors. This campaign has no more official con¬
nection with the national defense program, we believe,
than the efforts of coal dealers to sell coal (and thereby
“develop national resources”) or the efforts of wool grow¬
ers to sell suits. All phases of the national defense pro¬
gram are receiving the close cooperation of NAB, and
member stations will be kept advised as to the part radio
should fairly be expected to play through the contribu¬
tion of time and services. No broadcaster need have any
fear that he will be considered “non-cooperative” if he
declines to accept publicity material of the sort mentioned.

Free time from radio stations is being sought by Selvage
& Smith, public relations firm in New York City, on
behalf of their client, the Investment Bankers Association
of America. Free quarter-hour programs called “Men,
Money and Ideas” are being offered. Investigation by
N.A.B shows no reason why these should not be considered
commercial programs, and paid for at regular rates.

Legislation

FEDERAL LEGISLATION
HOUSE

H. R. 4486 (Collins, D-Miss.) COPYRIGHT — To create five
regional national libraries and to amend section 12 of the Act en¬
titled “An .Act to amend and consolidate the .Acts respecting copy¬
right”, approved March 4, 1909, and for other purposes. Referred
to Committee on the Library.

April 25, 1941 — 371

SENATE

S. Res. 97 (Truman, D-Mo.) COMMUNIC.ATIONS ACT—
Relating to the prevention of unauthorized or unlicensed com¬
munications and the protection of the privacy of communications.
Referred to Committee on Interstate Commerce.

STATE LEGISLATION

Delaware:

H. 237 (Rhodes) EYEGL.ASSES — Relating to licensing of the
business of dispensing eyeglasses. Referred to Committee on Public
Health. Reported on its merits in House April 9.

Miscellaneous

DAYLIGHT SAVING

This week Representative McLean (R-N. J.), author of
the national daylight saving bill (H. R. 3789), issued the
following statement:

“Because of these wartime activities,” he said, “conditions are
today comparable to those during the last war and all measures
adopted then are needful now and should be enacted at once,
including the daylight saving time act.

“The original act proved its usefulness and remained in effect
until the end of the war. Its benefits were so manifest that when
it was repealed, permissive or mandatory State laws were enacted,
being in effect last summer in all or part of 16 States,

“Daylight is free. Artificial light is costly. Daylight saving will
reduce the industrial, commercial and domestic expenditures for
artificial light. Imagine the saving in fuel and electric current if
all the lights of the country were turned out for one hour each day.

“Based on the statistics available from the experience during the
World War, the estimated saving of fuel during the daylight saving
period would be upwards of 5 per cent, which is an enormous
amount in volume of materials and energy when the total con¬
sumption is considered. These resources could be advantageously
diverted to the national defense program.

“The measure is fairly calculated to accomplish valuable econ¬
omies in our national life; it will be of special value in the present
emergency; it will contribute to the comfort, convenience and
unity of the home life of many millions of our people.”

Another national daylight saving bill, (H. R. 4206)
introduced by Representative Keogh (D-N. Y.), is also
in the legislative hopper.

In this connection. President Miller wrote to Mr.
Knudsen on April 8, as follows:

“Honorable Whlliam S. Knudsen
National Defense Commission
Washington, D. C.

My dear Mr. Knudsen;

There have been introduced in Congress tw'o bills to provide
for daylight saving time on a nation-wide basis, — one H. R. 3789
by Representative McLean (R-N. J.) and the other H. R. 4206
by Representative Keogh (D-N. Y.). Our Board of Directors has
voted unanimously to support national daylight saving time for
the reason that it will solve the broadcasting industry’s semi¬
annual programming problems arising out of the fact that some
states operate on daylight saving time and others do not. The
Association of American Railroads through its Board of Directors
has also, I am informed, voted to support national daylight sav¬
ing time.

I flo not know w'hat consideration, if any, the Defense Com¬
mission has given to the question of the desirability of national
daylight saving time as a defense measure. Our Association, and
others, deem it of transcendent importance. If you concur in our
view, we urge that you make a public statement to that effect.

Very truly yours,

NM, hml Neville Miller”

No reply has been received to date, nor has any public state¬
ment been noted.

372 — April 25, 1941

AD CLUB TO HONOR WBAL

Neville Miller, NAB president, will address the Adver¬
tising Club of Baltimore on Wednesday, May 28, on the
subject “Radio and National Defense.” This will be the
Advertising Club’s meeting in honor of Baltimore’s new
50,000 watt station, WBAL, which will take the air with
50,000 watts power Sunday, Alay 25.

NEWSPAPER OWNED STATIONS
ORGANIZE

The following report contained in the New York
“Herald-Tribune” outlines the developments which have
occurred in the organization of the newspaper owned
stations to prepare themselves for the pending hearing on
the question of newspaper ownership of radio stations:

“Mark Ethridge, general manager of ‘The Louisville Courier
Journal’ and 'The Louisville Times’ presided in the Jansen suite
of the Waldorf-Astoria at a meeting of a committee of publisher
broadcasters, organized several weeks ago when the Federal Com¬
munications Commission announced forthcoming hearings to in¬
quire into the joint ownership of newspapers and radio broad¬
casting stations. At the end of a two-hour session, Mr. Ethridge
announced the formation of a sub-committee of nine to study
the situation, outline a program and report back to a general
meeting of all the 292 publishers who operate radio stations on
Tuesday afternoon.

“Members of the sub-committee are: Harold Hough, ‘Fort
Worth Star Telegram’, chairman; Walter Damm, ‘The Milwaukee
Journal’, vice-chairman; James M. Cox, Jr., ‘The Atlanta Journal’;
Guy Hamilton, general manager, the McClatchy Newspapers and
station KERN, Bakersfield, Calif.; Gardner Cowles, Jr., ‘The Des
Moines Register and Tribune’; D. Tennant Bryan, ‘The Richmond
News-Leader’; John E. Person, ‘The Williamsport (Pa.) Sun
Gazette’; Nelson Poynter, ‘The St. Petersburg (Fla.) Times’, and
Jack Howard, the Scripps Howard Newspapers.”

891 STATIONS

During the month of March, 1941, the Federal Com¬
munications Commission issued operating licenses to three
stations and granted live permits for the construction of
new stations. Two stations were deleted. A comparative
table by months follows:

OperatinK .
Construction

775 779 783 791 799 806 810 816 825 8,31 835 835 837
48 47 53 56 58 57 54 52 51 51 46 54 54

823 826 836 847 857 863 864 868 876 882 881 890 891

NAB PUBLICATIONS

Just off the press is the revised edition of HOW TO
USE RADIO, edited by Professor Kenneth G. Bartlett
of Syracuse University. This new edition is an improve¬
ment over the first issue and radio broadcasters are urged
to use it in an effective manner. Copies may be obtained
upon recpiest at the modest jrrice of 6 cents a copy.

Now in process of preparation is the revised edition of
HOW TO USE RADIO IN THE CLASSROOM and
the ABC OE RADIO. We should like to hear from mem¬
ber stations as to their possible uses of these two publica-

tions in order that we may order a sufficient number to
supply the demand. They will be furnished at the cost
price of 6 cents each.

MONOPOLY REPORT AND DEFENSE

Monopoly report will not be made public by FCC this
week or next Chairman James Lawrence Fly told news¬
men at a press conference early this week in answer to
a specific question.

Mr. Fly said that no dates have yet been set for
hearings on newspaper FM ownership. Asked about
appointment of the new head for the listening post set
up the chairman explained that just a handful of top-
notch men are available for this job and he has not yet
succeeded in getting one. He said that he does not want
to make any compromise in his selection of the right
man.

The chairman discussed the work of the Defense Com¬
munications Board generally during the course of which
he was asked about the broadcasting aspect of this defense
work. He said that the broadcasters wanted to delay the
program by themselves taking over last summer. He
agreed that broadcasting would have to be considered
in war but there are relatively more important elements
in the whole defense communications program.

Asked about short wave broadcasting and its relation¬
ship to the defense work the chairman said that this is one
of the problems but how important it is he was reluctant
to say.

Defense Job Training

The U. S. Office of Education has prepared a chart
which lists complete information concerning government
sponsored training courses.

To train unskilled men to fill defense jobs, training
courses in public schools and other locations have been
established throughout the country. They are intended
to aid persons to get jobs in aircraft, shipbuilding, welding,
sheet metal, machine shop, electricity, mechanics, forging,
radio and other occupations.

The department is mailing a copy to all stations to
enable them to answer questions that may be put to them
by local listeners.

Here are questions the chart answers:

What are the wages — or fees — , if any, in training?
\\’hat wages may you earn on the job? What is the pur¬
pose of training? What age must you be? What educa¬
tion or work experience must you have? What are the
requirements for enrolling in a course? How many weeks
do the courses run? How many hours a day? Where

are the courses offered? Where should you apply? What
types of jobs does the training qualify you for?

Interested persons may secure copies of the chart by
sending 5 cents in cash to the Superintendent of Docu¬
ments, Government Printing Office, Washington. Ask for
“Defense Job Training” compiled by the U. S. Office of
Education, Eederal Security Agency.

FROM THE FCC MAIL BAG

The defense committee of a certain Massachusetts
municipality contemplates the purchase, with town funds,
of radio apparatus which is intended to be given or loaned
to local amateurs for use in emergencies. The committee
wants to know whether such service is compatible with
Federal Communications Commission rules pertaining to
amateurs. The Commission makes reply:

“It appears that ownership of the equipment would remain in
the — Defense Committee and that the procedure outlined in your
letter is contemplated to circumvent the prohibition in Section
12.62 of the Amateur Rules against issuance of amateur licenses
to corporations or associations. From the information submitted
it does not appear that acceptance of the radio equipment by local
amateurs would constitute remuneration for their service in emer¬
gencies within the contemplation of Section 12.102 of the Amateur
Rules. Attention is called, however, to the fact that it would be
necessary for the amateur or amateurs operating this equipment
to be in complete control thereof. In order that control may be
vested in such operators, it is suggested that the equipment be
leased to the amateurs at a nominal sum for a definite period of
time, such as one year. Such lease agreements should contain,
among others, a statement to the effect that sixty days’ notice
will be given to this Commission in the event of their termination,
and copies thereof should be submitted with applications for station
licenses. Operation of such apparatus must, of course, be carried
on strictly in accordance with the Commission’s Rules Governing
Amateur Service.

“It is believed that police radio or special emergency radio sta¬
tions licensed in the Town of - in its own name would pos¬

sibly be of more benefit to the town in cases of emergency than
would amateur stations furnished to individuals or organizations,
as no control could be maintained by the town of the apparatus
thus operated.”

Several letters addressed to the Commission object to
a particular language not being among those recognized
for use in telegraph messages. This is not due to any
action by the Commission; it arises out of precedent of
long standing in international telegraph practices. No
“discrimination” is intended. The carriers long ago found
it impossible to handle all languages, and agreed to use
the chief ones, eliminating in particular those with charac¬
ters which cannot be transmitted on the machines in regu¬
lar use for telegraphic purposes.

A Cincinnati resident questions the reasonableness of
advertising expenditures by the American Telephone and
Telegraph Co. The Commission is without statutory au¬
thority to pass on advertising costs. It can only deter¬
mine whether such expenditures are properly allowable
in ascertaining the reasonableness of operating expenses
as a factor in fixing telephone rates.

A IMissourian is informd that the Commission has no
jurisdiction over the collection of damage claims or rental

April 25, 1941 — 373

for use of right-of-way by telephone companies. He is
referred to the local courts for possible action.

A Wisconsin sheriff is advised that interception and use
of police radio communications by a private garage for
the purpose of getting towing and repair jobs on wrecked
autos is a violation of Section 605 of the Communications
Act.

A New York firm writes the Commission about its dif¬
ferences with a broadcast station resulting from a spon¬
sored program. The Commission has no say with respect
to the rates charged for broadcast time, hence it can not
litigate difficulties between program sponsors and station
licensees arising through the use of commercial time.

Because it functions largely as a licensing authority,
the Commission cannot entertain an Idaho suggestion
that radio sponsors who offer prizes be heavily taxed,
or grant the appeal of a Texan organizing “prayer bands”
that national networks broadcast his program, or meet a
Pennsylvania listener’s urge that important national pro¬
grams be presented over the facilities of a single major
network.

A North Carolina fan who is interested in daylight
saving time for broadcast stations generally is informed
that this is not in the province of the Commission, but
is being considered by the broadcasters as a group. The
National Association of Broadcasters is on record as
favoring universal daylight saving to eliminate the present
time confusion.

Broadcasts of baseball games may be rebroadcast by
high frequency experimental stations, an inquirer is told,
subject to provisions of Section 4.113 of the Commission s
rules which prohibits charge, directly or indirectly, for
such rebroadcasts, and further stipulation about identify¬
ing the originating station or stations.

“There is no rule or reciuirement of the Commission
that individual applicants before it be represented by an
attorney,” a Seattle resident is advised, “and it is not
possible or appropriate for the Commission to advise you
whether or not you should employ counsel.”

Many inquiries have been received as to opportunities
for employment with the Commission. It is pointed out
that this agency is required to obtain new personnel and
to fill vacancies from registers of the United States Civil
Service.

FEDERAL COMMUNECATBONS
COMMISSION DOCKET

Following hearings are scheduled to be held before the
Commission in broadcast and television cases during the
week beginning Monday, April 28. They are subject to
change.

Monday, April 28

WRDO — WRDO, Incorporated, Augusta, Maine. — Renewal of
license, 1370 kc., 100 watts, unlimited.

Tuesday, April 29
Television

WlXG — General Television Corporation, Boston. Mass. — Modifi¬
cation of license (considered as C. P.), 50000-56000 ke.,
500 watts visual, emission A-S, Sec. 4.4(a). Present assign¬
ment: 42000-56000, 60000-86000 ke., 500 watts visual, emis¬
sion A-S, Sec. 4.4(a) .

WlXG — General Television Corporation. Boston, Mass. — C. P.,
42000-56000, 60000-86000 ke., 500 watts aural and visual,
emission A3 and A-3, Sec. 4.4(a). Present assignment;
42000-56000, 60000-86000 kc., 500 watts, visual only, emis¬
sion A-S, Sec. 4.4(a ) .

Wednesday, April 30

KMLB — Liner’s Broadcasting Station, Inc., Monroe, La. — C. P.,
1410 kt“., 1 KW, unlimited, DA-night.

Thursday, May 1

To be held in U. S. Court of Appeals court room, old post office

building, in Atlanta, Georgia.

WGST — Georgia School of Technology, Atlanta, Ga. — Renewal of
license (main and auxiliary), 890 ke., 1 KW night, S KW
LS, unlimited time.

FUTURE HEARINGS

During the past week the Commission has announced

the following tentative hearing and oral argument dates
for broadcast cases. They are subject to change.

May 15

Oral Argument Before the Commission

WCY — Radiomarine Corporation of America, West Dover, Ohio. —
C. P., 2182 ke., calling; 2514, 2550, 2582 kc., working;
2738 lif., distress and emergency; 600 watts day, 500 watts
night; emission A2, A3. Time: unlimited. Pts. of Comm.:
radiotelephone equipped ships operating on the Great Lakes.

WCY — Radiomarine Corporation of America, West Dover, Ohio, —
C. P., 2182 ke., calling; 2738 ke., distress and emergency;
4282.5, 6470, 8585 ke., calling and working; 600 watts
day, 500 watts nights, emission A2, .43, Time: unlimited.
Pts. of Comm.: radiotelephone equipped ships operating on
the Great Lakes.

WBL — Radiomarine Corporation of .4merica, Buffalo, N, Y. —
C. P., 2182 lie., calling; 2738 ke., distress and emergency;
2514, 2550, 2582 ke., working; 4282.5, 6470, 8585 ke.,
calling and working; 600 watts day, 500 watts night; emis¬
sion A2, .43. Time: unlimited during season of Great Lakes
navigation. Pts. of Comm.: with ships operating on the
Great Lakes.

WCY — Radiomarine Corporation of America, West Dover, Ohio. —
C. P., 2182, 4282.5 ke., calling; 2514, 2572, 2738, 4282.5
ke., working; 600 watts day, 400 watts night; emission
,42, A3. Time: unlimited during season of Great Lakes
navigation. Pts. of Comm.: with ships operating on the
Great Lakes.

WMI — The Lorain County Radio Corp., Lorain, Ohio. — C. P. for
change in equipment and additional frequency, 8585 kc.,
(1) 750 watts, (2) 500 watts, (3) 400 watts, (4) 500 watts;
emission, .41, A2, A3. Time: continuous. Pts. of Comm.:
ships in Great Lakes area. Present assignment: 2550, 6470,
11370 ke.

WMI — The Lorain County Radio Corp., Lorain. Ohio. — Renewal
of license, 2550, 6470, 11370 ke., (a) 750 watts, (b) 500
watts, (c) 400 watts, (d) 500 watts; emission, .41, .42, A3.
Time: continuous. Pts. of Comm.: ship stations in Great
Lakes area.

WML— The Lorain County Radio Corp., Lorain, Ohio. — C. P. for
additional frequency and change time of oijeralion, 4282.5
ke., (1) 750 watts,' (2) SOO watts, (3) 400 watts, (4) 500

374 --April 25, 1941

watts; emission. Al, A2, A3. Time: from daybreak on
Great Lakes to sundown on Pacific Coast. Pts. of Comm.:
ships in Great Lakes area. Present assignment: 2550, 6470,
11370 kc., time; continuous.

WAD — The Lorain County Radio Corp.. Port Washington, Wise. —
Modification of C. P. for adidtional transmitter and fre¬
quency, 4282.5 kt'., SOO watts, emission Al, A2, A3. Time:
from daybreak on the Great Lakes to sundown on the
Pacific Coast. Pts. of Comm.: Great Lakes vessels. Has
C. P. for 2514 ke., 400 watts. Time: unlimited.

WAS — The Lorain County Radio Corp., Duluth, Minn. — Modifi¬
cation of C. P. for additional transmitter and frequency,
4282.5 ko., 500 watts, emission Al, A2, A3. Time; from
daybreak on Great Lakes to sundown on Pacific Coast.
Pts. of Comm.: Great Lakes vessels. Has C. P. for 2550
kc., 400 watts. Time: unlimited.

May 19

WHB — WHB Broadcasting Company, Kansas City, Mo. — C. P.,
710 kc., 5 KW, DA night and day; unlimited time.

WTCN — Minnesota Broadcasting Corp., Minneapolis, Minn. — C. P.,
710 kc., 10 KW, unlimited, D.A night.

May 20

NEW — Camden Broadcasting Co., Camden, N. J. — C. P., 800 kc.,
SOO watts daytime.

May 26

Consolidated Hearing

WCAM — City of Camden, Camden, N. J. — Renewal of license,
1280 ivc., SOO watts night, 500 watts LS, shares WTNJ
and WCAP.

WCAP — Radio Industries Broadcast Co., Asbury Park, N. J. —
Renewal of license, 1280 kc., SOO watts night, SOO watts
LS, shares WTNJ and WCAM.

WTNJ — W'OAX, Incorporated, Trenton, N. J. — Renewal of license,
1280 kc., 500 watts night, SOO watts LS, shares WCAM
and WCAP.

WTNJ — WOAX, Incorporated, Trenton, N. J. — C. P., 1230 kc.,
1 KW night, 1 KW day, unlimited, DA day and night.

NEW — Trent Broadcast Corporation, Trenton, N. J. — C. P., 1230
kc., 1 KW, unlimited, DA day and night.

W^D.\S — WDAS Broadcasting Station, Inc., Philadelphia, Pa. —
C. P., 1260 kc., 1 KW night, 5 KW day, D.\ night, unlimited.

June 6

NEW^ — Butler Broadcasting Corporation, Hamilton, Ohio. — C. P.,
1420 kc., 250 watts, unlimited time.

June 23

WTNC — W. C. Ewing and Harry Layman, d/b as Cumberland
Broadcasting Co.. (Assignor), and W. C. Ewing and T. K.
WTyher, tr/as Cumberland Broadcasting Co. (Assignee),
Fayetteville, N. C. — Voluntary assignment of license, 1340
kc., 250 watts, daytime.

WFNC — W. C. Ewing and Harry Layman, d b as Cumberland
Broadcasting Co., Fayetteville, N. C. — Renewal of license,
1340 kc. (1370 kc. under NARBA), 250 watts, daytime.

June 25

KDRO — Albert S. and Robert A. Drohlich, d/b as Drohlich Bros.,
Sedalia, Mo.— C. P., 800 kc. (under NARBA), 1 KW, day¬
time.

FEDERAL COMMUNICATIONS
COMMISSION ACTION

APPLICATIONS GRANTED

John & Marcia Arrington, d/b as Arrington and Arrington, Cov¬
ington, Va. — Granted construction permit for new standard

broadcast station to operate on 1340 kc., 250 watts, un¬
limited time (B3-P-3066).

Columbia Broadcasting System, Inc., New York City. — Granted
construction permit for new developmental broadcast station
to operate on 330400, 333400, 336400 kc. on an experi¬
mental basis only, and upon the condition that this authori¬
zation is subject to change or cancellation by the Commis¬
sion at any time without advance notice or hearing; power
25 watts; special emission for frequency modulation with
a maximum frequency swing not to exceed 200 kc.; to
operate as a developmental broadcast station for the de¬
velopment of an experimental program circuit between the
studios and transmitter of International Broadcast Stations
WCBX and WCRC ; operation to be conducted in accord¬
ance with Sections 4.151, 4.153, 4.154, 4.156 and 4.157
(Bl-PRE-384).

Columbia Broadcasting System, Inc., New York City. — Granted
construction permit for new developmental broadcast station
to operate on 330400, .333400. 3.36400 kc. on an experi¬
mental basis only, and upon the condition that this authori¬
zation is subject to change or cancellation by the Commis¬
sion at any time without advance notice or hearing; power
25 watts; special emission for frequency modulation with
a maximum frequency swing not to exceed 200 kc.; to
operate as a developmental broadcast station for the de¬
velopment of an experimental program circuit between the
studios and transmitter of International Broadcast Stations
WCBX and WCRC; operation to be conducted in accord¬
ance with Sections 4.151, 4.153, 4.154, 4.156 and 4.157
(Bl-PRE-385).

Columbia Broadcasting System, Inc., New York City. — Granted
construction permit for new developmental broadcast station
to operate on 33(14(!6, 333400, 336400 kc. on an experi¬
mental basis only, and upon the condition that this authori¬
zation is subject to change or cancellation by the Commis¬
sion at any time without advance notice or hearing; power
25 watts; special emission for frequency modulation with
a maximum frequency swing not to exceed 200 kc.; to
operate as a developmental broadcast station for the de¬
velopment of an experimental program circuit between the
studios and transmitter of International Broadcast Stations
W^CBX and WCRC; operation to be conducted in accord¬
ance with Sections 4.151, 4.153, 4.154, 4.156 and 4.157
(Bl-PRE-386).

The Journal Company (The Milw'aukee Journal), Portable-Mobile
(area of Milwaukee County, Wis.). — Granted construction
permit for new television broadcast station to operate on
frequencies of 300600-312006 kc. on an experimental basis
only, and upon condition that this authority is subject to
change or cancellation by the Commission at any time
without advance notice or hearing; A5 emission, power 6.5
watts; to communicate as a television relay broadcast sta¬
tion in accordance with Sections 4.71. 4.72, 4.74, 4.76, 4.77
and 4.78; portable mobile in the Mihvaukee area; to be
used in conjunction with television broadcast station
W9XMJ (B4-PVB-81).

WT.AK — Lake Region Broadcasting Co., Lakeland, Fla. — Granted
authority to transfer control of corporation (Lake Region
Broadcasting Co. license of WL.\K), from J. P. Marchant,
D. J. Carey, Melvin Meyer, W. Walter Tison and The
Tribune Company to Bradley R. Eidmann (100 shares of
capital stock, par value $100 per share) and to assign a
mortgage in the amount of $5,000 upon the property of
station W'^L.'VK to the transferee for a consideration of
$10,000 cash, upon condition that neither the Tribune
Company (W^FL.A, Tampa, Florida) nor any of its officers,
directors, stockholders, agents or employees shall have any
stock interest in, security interest against, or part in the
management of the licensee of Station WL.4K, Lakeland,
Florida.

WATR — The WATR Co., Inc., Waterbury, Conn. — Granted con¬
struction permit to install a new transmitter, make changes
in directional antenna and increase pow’er from 250 watts
to 1 KW, using directional antenna; 1320 kc., unlimited
time (Bl-P-3032).

DESIGNATED FOR HEARING

WENY — Elmira Star Gazette, Inc., Elmira, N. Y. — .Application for
construction permit to change frequency from 1200 kc. to
500 kc., increase power from 250 watts to 1 KW, unlimited

April 25, 1941 — 375

time ; install new equipment and directional antenna with
different adjustments for day and night use (Bl-P-3070).

KWK — Thomas Patrick, Inc., St, Louis, Mo. — Application for con¬
struction permit to change frequency from 138(1 to 680 Uc. ;
increase power from 5 to 50 KW ; move transmitter site
from Conduit & Logan Streets, St. Louis, Mo., to 10 miles
So. of St. Louis, Bixby, Ill,; install new equipment and
directional antenn.i for day and night use (2 patterns),

KFEQ — KFEQ, Inc., St. Joseph, Mo. — .Application for construction
permit to increase power from 500 watts night, lYi KW
LS to 5 KW, increase hours of operation from day to local
sunset at San F'rancisco, to unlimited time; move trans¬
mitter site; install new transmitter and install directional
antenna with different adjustments for day and night use;
680 kc. (B4-P-2477).

KGGF — Flugh J. Powell, Coffeyville, Kans. — .Application for con¬
struction permit to increase power from 1 KW day, 500
watts night, to 5 KW ; install new transmitter and direc¬
tional antenna for night use ; move transmitter site ; 600
kc., unlimited time (B4-P-2883).

Scripfrs-Howard Radio, Inc., Houston, Tex., and Texas Star Broad¬
casting Co., Houston, Tex. — Joint hearing on applications
of Scripps-Howard Radio, Inc., and Texas Star Broadcasting
Co., for new stations at Houston, Tex., to operate on
1236 kc., 250 watts night and day, unlimited time (B3-P-
2962 and B3-P-3006).

Herald Publishing Co., Klamath Falls, Ore. — Application for con¬
struction permit for new station to operate on 1370 kc.
with 250 watts, unlimited time (B5-P-2932).

Dorman Schaeffer, Klamath Falls, Ore. — Application for construc¬
tion permit for new station to operate on TlOO kc. with 250
watts, unlimitefl time (BS-P-2951).

The Metropolis Company. Ocala, F'la. — .Application for license to
operate a new station on 1460 kc., 100 watts, unlimited time
requesting the facilities of WTMC (hearing to include
record in the pending revocation proceedings of WTMC)
(B3-L-1382).

WLAK — J. P. Marchant, D. J. Carey, Melvin Meyer, W. Walter
Tison, and The Tribune Company (Transferors), Russell
E. Baker (Transferee), Lake Region Broadcasting Co,,
Lakeland, Fla. — .Application for authority to transfer con¬
trol of Lake Region Broadcasting Co. (licensee of station
WL.AK), from the present stockholders — Marchant, Carey,
Mever, Tison and The Tribune Co., to Russell E. Baker
(B3-TC-260).

Bay County Publishers, Inc., Panama City, Fla. — .Application for
license to operate a new station on 1320 kc., 100 watts night,
250 watts LS, unlimited time, requesting facilities of WDLP
(hearing to include record in pending revocation proceed¬
ings of'WDLP), (B3-L-1383).

John C. Scripps, Ventura, Calif. — .Application for new station to
operate on 1460 kc, with 1 KW power, unlimited time.
Exact transmitter site and antenna system to be determined
with Commission’s approval (B5-P-2583).

MISCELLANEOUS

WNBI — National Broadcasting Co., Inc., New A^ork City. — Granted
special temporary authority to operate international station
WNBI on frequency 17780 kc. in order to permit simulta¬
neous operation of stations WNBI and WRCA on frequency
17780 and 6670 kc. for the period .April 16, 1941, to not
later than May IS, 1941.

W2X.AG — Carman R. Runyon, Jr., Yonkers, N. Y. — Granted ex¬
tension of special temporary authority to operate a high
frequency experimental broadcast station on 117161) kc.,
5000 watts, special emission, for frequency modulation, with
transmitter located at 544 N. Broadway, Yonkers, N. Y ,
described as Composite, maximum rated carrier power 5000
watts for the period May 1, 1941, to not later than June
29, 1941.

W8XVH — WBNS, Inc.. Columbus, Ohio. — Granted extension of
special temporary authority to operate a high frequency
experimental broadcast station on 43000 kc., 250 watts,
special emission for frequency modulation with transmitter
located at 50 W. Broad St., Columbus, Ohio, described as
General Electric, Type 4GF1A1, maximum rated carrier
power 250 watts, for period May 1, 1941, to not later than
June 29, 1941, trending completion of construction of new
FM station.

WlXSN- Wcstinghou.se Radio Stations, Inc., E. Springfield, Mass.
- (Iranted extension of special temporary authority to oper-

376 — April 25, 1941

ate a high frequency experimental broadcast station on
42600 kc., 1000 watts, special emission for frequency modu¬
lation, with transmitter located at 625 Page Blvd., E. Spring-
field, Mass., described as Westinghouse, Type FIE, maximum
rated carrier power 1000 watts, for period May 1 to not
later than June 29, 1941, pending completion of new FM
station.

WIXK — Westinghouse Radio Stations, Inc., Hull, Mass. — Granted
extension of special temporary authority to operate a high
frequency experimental broadcast station on 42600 kc.,
1000 watts, special emission for frequency modulation, with
transmitter located at Newport Road, Hull, Mass., described
as Westinghouse, Type HE, maximum rated carrier power
1000 watts for period May 1 to not later than June 29, 1941,
pending completion of new FM station.

W8X.AD — WHEC, Inc., Rochester, N. Y. — Granted extension of
special temporary authority to operate a high frequency
experimental broadcast station on 42600 kc., 1000 watts,
special emission for frequency modulation, with transmitter
located at 979 Mt. Read Blvd., Rochester, N. Y., and
described as R.E.L. T\ pe 519, for period May 1, 1941, to
not later than June 29, 1941, pending completion of new
FM station.

WOR — Bamberger Broadcasting Service, Inc., New York City. —
Granted special temporary authority to rebroadcast over
station WOR and other stations of the Mutual System,
signals from a Navy airplane between 10 and 11 a. m., EST,
April 18, in connection with program “Flying with the
Navy Cadets” in cooperation with the U. S. Navy to
promote enlistments in Naval Aviation (Bl-S-177).

WFPG — Neptune Broadcasting Corp., .Atlantic City, N. J. — Granted
authority to determine operating power by direct measure¬
ment of antenna input on 1450 kc. under NARB.A (Bl-Z-
778).

WKIP — Poughkeepsie Broadcasting Corp., Poughkeepsie, N. Y . —
Granted authority to determine operating irower by direct
measurement of antenna input on 1450 kc. under N.ARBA
(Bl-Z-776).

WOPI — Radiophone Broadcasting Station WOIT, Inc., Bristol,
Tenn. — Granted authority to determine operating power by
direct measurement of antenna input on 1460 kc. under
NARB.A (B3-Z-779).

KOMO — Mission Broadcasting Co., San Antonio, Texas. — Granted
authority to determine operating power by direct measure¬
ment of antenna input on 1400 kc. under N.ARBA (B3-Z-
782).

WH.AM — Stromberg Carlson Tel. Mfg. Co., Rochester, N. Y. _

Granted authority to determine operating power by direct
measurement of antenna input on 1180 kc. under N.ARBA
(Bl-Z-780).

WD.AS — WD.AS Broadcasting Station, Inc., Philadelphia, Pa. —
Granted authority to determine operating power by direct
measurement of antenna power on 1400 kc. under N.ARBA
(B2-Z-769).

WP.AX — H. Wimpy, Thomasville, Ga. — Granted authority to de¬
termine operating power by direct measurement of antenna
power on 1240 kc. under NarbA (B3-Z-721).

WDGY — Fir. Geo. W. Young, Minneapolis, Minn. — Granted au¬
thority to determine operating power by direct measure¬
ment of antenna power on 1130 kc. under N.ARBA (B4-Z-
767).

WCNW — .Arthur Faske, Brooklyn, N. Y. — Granted authority on
a temporary basis, conditionally, to install automatic fre-
quenev control equipment on 1600 kc. under N.ARB.A
(Bl-F-210)

WJBO — Baton Rouge Broadcasting Co., Inc., Baton Rouge, La.^ — ■
Granted modification of construction permit (B3-P-2766)
for changes in directional antenna, requesting 1150 kc.
under N.ARB.A, anrl extension of completion date to 60 days
after grant ( B3-MP-121 7) .

KGHL — Northwestern Auto Supply Co., Inc., Billings, Mont. —
Granted modification of construction permit (BS-P-2701)
which authorized installation of directional antenna for night
use and increase in power) for frequency 760 kc. under
N.ARB.A and extension of completion date to 90 days after
grant ( BS-MP-1 194) .

WNBC — State Broadcasting Corp., New Britain, Conn. — Granted
m.odification of construction perrhit (Bl-P-2723) as modi¬
fied, for changes in directional antenna, requesting 1410 kc.
under N.ARBA, and extension of commencement and com¬
pletion dates to 60 and 180 days after grant respectively
(B1-MP-122S).

WFLA — The Tribune Co,, Tampa, Fla. — .Adopted order further
extending authorization to conduct its program tests for
a period not exceeding 10 days beyond April 21, 1941.

KOM.^ — KOMA, Inc., Oklahoma City, Okla.- — Granted authority
to install automatic frequency control equipment on 1520 kc.
under N.ARBA (B3-F-209).

KXRO — KXRO, Inc., Aberdeen, Wash. — Granted authority to
install automatic frequency control equipment on 1340 ke.
under N.ARB.A (B3-F-208).

WFIDH — Matheson Radio Co., Inc., Boston, Mass. — Granted au¬
thority to install automatic frequency control equipment on
850 kf. under NARB.A (Bl-F-212).

WNOX — Scripps-Howard Radio, Inc., Knoxville, Tenn, — Granted
authority to install automatic frequency control equipment
on !)!)0 kc. under NARBA (B3-F-211).

WJJD — WJJD, Inc., Chicago, Ill. — Granted authority to install
automatic frequency control equipment on 1160 kc. under
NARBA (B4-F-21S).

KOL — Seattle Broadcasting, Co., Seattle, Wash. — Granted authority
to install automatic frequency control equipment on 1300
kc. under NARB.\ (B3-F-214).

WWSW — Walker & Downing Radio Corp., Pittsburgh, Pa. —
Granted authority to install automatic frequency control
equipment on 1490 kc. under NARBA and for auxiliary
transmitter (B2-F-213).

KALB — Alexandria Broadcasting Co., Inc., .Alexandria, La. —
Granted authority to determine operating power by direct
measurement of antenna power on 1240 kc. under NARBA
(B3-Z-748).

WBNY — Roy L. Albertson, Buffalo, N. Y. — Granted authority to
determine operating power by direct measurement of an¬
tenna power on 1400 kc. under N.ARB.A (Bl-Z-781).

KOB — Albuquerque Broadcasting Co., Albuquerque, N. Mex. —
Granted authority to determine operating power by direct
measurement of antenna power on 1030 kc. under NARB.A
(B3-Z-77S).

KWIL — Central Willemette Broadcasting Co., Albany, Ore. —
Granted authority to determine operating power by direct
measurement of antenna power on 1240 kc. under NARBA
(BS-Z-783).

WDWS — The Champaign News-Gazette, Inc., Champaign, Ill. —
Granted authority to determine operating power by direct
measurement of antenna power on 1400 kc. under N.ARBA
(B4-Z-760).

KFRU — KFRU, Inc., Columbia, Mo, — Granted authority to deter¬
mine operating power by direct measurement of antenna
power on 1400 kc. under NARBA (B4-Z-768).

WBRB— Monmouth Broadcasting Co., Red Bank, N. J.— Granted
special temporary authority to move transmitter and studio
500 feet northeast from the boundary line of Red Bank,
N. J., at River Plaza, Middletown, Twp., Bldg. 2 May Court,
due to fire, pending determination of permanent site. Radi¬
ating system in compliance with Sec. 3.45 and operate at
same location (B1-S-18S).

WHB — WHB Broadcasting Co., Kansas City, Mo. — Granted mo¬
tion for authority to take depositions in re application of
WHB for construction permit to operate on 710 kc., S
KW, D.A night and day, unlimited time, and WTCN same
except to use 10 KW.

WHB — WHB Broadcasting Co., Kansas City, Mo. — Denied peti¬
tion to enlarge the issues in re above.

WHB — WHB Broadcasting Co., Kansas City, Mo.; WTCN —
Minnesota Broadcasting Corp., Minneapolis, Minn. — Granted
motion of applicants to postpone hearing in re above from
May 14 to May 19.

The Outlet Company, Providence, R. 1. — Granted motion for
leave to amend application, provided amendment is filed
within 2 weeks from this date, and ordered that con¬
solidated hearing previously ordered upon this and Yankee
Network application be and it is hereby severed. Hearing
on Outlet Co. application cancelled and application removed
from hearing docket.

God’s Bible School and College, Cincinnati, Ohio. — Granted motion
for extension of time, 30 days from April 9, in which to
file exceptions to Commission’s Proposed Findings in re
application for new international broadcast station.

W'G.AL — WG.AL, Inc., Lancaster, Pa. — Granted petition for leave
to intervene in the hearing on application of WTEL, Phila¬
delphia, for construction permit to operate on 1500 kc.,
250 watts, unlimited time.

Camden Broadcasting Co., Camden, N. J. — Granted alternative
motion for orders to postpone hearing date to May 20, and
authorize the taking of depositions in re application for new
station to operate on 800 kc.. 500 watts, daytime.

WMEJ — The Metropolis Co., Portable-Mobile, area of Jackson¬
ville, Fla. — Granted license to cover construction permit
(B3-PRY-219) for a new relay broadcast station to be
used with applicant’s standard broadcast station WJHP;
frequencies 1622, 2058, 2150 and 2790 kc., 40 watts
(B3-LRY-223).

KTRB — KTRB Broadcasting Co., Inc., Modesto, Calif. — Granted
special temporary authority to operate from 7;30 p. m.
to the conclusion of Governor Olson’s speech on State and
National Defense under auspices American Brotherhood
Protestant, Catholic, and Jews, in order to broadcast said
speech only on April 19, 1941.

W2XMN — Edwin H. .Armstrong, North of Alpine, N. J. — Granted
extension of special temporary authority to operate a high
frequency experimental broadcast station on 42800 kc.,
40000 watts power, special emission for frequency modula¬
tion, with transmitter located at North of Alpine, N, J.,
described as Composite, Type RCA, maximum rated carrier
power 40000 watts, for the period May 1, 1941, to not later
than June 29, 1941, pending completion of new FM station
W31NY. Granted extension of special temporary authority
to retransmit the transmission of experimental high fre¬
quency broadcast stations W2XAG, WIXPW and WlXPJ
for the period May 1, 1941, to not later than June 29, 1941,
in order to continue rebroadcasting experiments. Granted
extension of special temporary authority to operate a high
frequency experimental broadcast station on 117430 kc.,
power of 40 KW, using special emission for frequency modu¬
lation with a maximum band width not to exceed 200 kc.,
subject to the condition that no interference is caused to
other stations on same or adjacent channels, from May 12,
1941, to not later than July 10, 1941, in order to conduct
tests, pending completion of new F'M station W31NY.

WTJS — The Sun Publishing Co., Inc., Jackson, Tenn. — Granted
modification of construction permit (B3-P-2525) for in¬
stallation of DA for night use, new transmitter, change in
frequency from 1310 to 1360 kc., increase in power to 1
KW day and night, for 1390 kc. under N.ARBA and changes
in DA, extension of completion date to 180 days after grant.
This authority is granted conditionally and is not to be
construed as a finding by the Commission upon the appli¬
cation for renewal of license of WTJS when it is filed with
the Commission, nor upon any of the issues which may be
involved therein, nor that the Commission has found that
the operation of this station is or will be in the public
interest beyond the express terms hereof (B3-MP-1232) .

WNOX — Scripps-Howard Radio, Inc., Knoxville, Tenn. — Granted
construction permit to increase day and night power to
10 KW, install new transmitting equipment and directional
antenna for both daytime and nighttime use, subject to
approval by Chief Engineer (B3-P-2839).

WRCA — National Broadcasting Co., Inc., New York City. —
Granted special temporary authority to operate on 9670 kc.
with effective power of 100 KW, using separate power am¬
plifiers feeding separate directional antenna for the period
April 20, 1941, to not later than May 19, 1941.

W8XVB — Stromberg-Carlson Telephone Mfg. Co., Rochester, N. Y.
— Granted extension of special temporary authority to op¬
erate a high frequency experimental broadcast station on
43200 kc., 1000 watts, special emission for frequency modu¬
lation, with transmitter located at 89 E. Ave., Rochester,
N. Y., described as R.E.L., Type Cat. No. 519, maximum
rated carrier power 2000 watts, for period May 1, 1941,
to not later than July 1, 1941.

KDKA — Westinghouse Radio Stations, Inc,, Pittsburgh, Pa. —
Granted special temporary authority to broadcast the trans¬
missions of a United States Army plane on Friday, April 10,
1941, in conjunction with a trial blackout of Allegheny
County.

WlXTC — Worcester Telegram Publishing Co., Inc., Worcester,
Mass. — Granted extension of special temporary authority to
operate high frequency broadcast station WlXTC on 43400
kc., 1000 watts, special emission for frequency modulation,
maximum band width not over 200 kc. for the period
May 1, 1941, to not later than .August 1, 1941, at Shrews¬
bury St., Worcester, Mass., pending action on application
for new FM station.

April 25, 1941 — 377

WKEU — Radio Station VVKEU, Griffin, Ga. — Denied request for
special temporary authority to operate from 7 p. m. to 9:30
p. m., CST, April 20 through May 17, 1941, in order to
broadcast revival program only.

KWLC — Luther College, Decorah, Iowa. — Granted special tem¬
porary authority to operate from 1 p. m. to 2:30 p. m. and
from 3:30 p. m. to 4:30 p. m. and from .S:30 p. m. to 6:30
p. m.. CST, April 22, 1941, in order to broadcast double
header baseball game with Carleton College only.

WBRB — Monmouth Broadcasting Co., Red Bank, N. J. — Granted
extension of special temporary authority to remain silent
for the period April 20, 1941, to not later than May 20, 1941,
pending completion of adjustments made necessary by fire.

KWLC — Luther College, Decorah, Iowa — Granted special tem¬
porary authority to sign off at 6 p. m., CST, during the
month of April, 1941.

WMAM — W & M Broadcasting Co., Marinette, Wise. — Granted
special temporary authority to operate from local sunset
(April, 6:30 p. m,, CST) to the conclusion of special events
from the Marinette and Menominee Smelt Festival on April
19 and 20, 1941, in order to broadcast said programs only.

WMRO — Martin R. O'Brien. Aurora, Ill.— -Granted special tem¬
porary authority to operate with 100 watts ]30wcr from
7:30 p. m. to 10 p. ni., CST, on April 17, 1941, in order
to broadcast an address by Bishop Wallace A. Conkling,
Episcopal Bishop of Chicago, only and from 7:30 p. m.
to 10 p, m., CST, on .April 21, 1941, in order to broadcast
a civic anrl patriotic program of Geneva Community High
School only,

WT.AW — .Agricultural and Mechanical College of Texas, College
Station, Tex. — Granted special temporary authority to
operate simultaneously with Station WJBO from 8 p, m.
to midnight, CST, May 2, 1941, in order to broadcast pro¬
gram in connection with the annual Cotton Ball and Pageant
celebration of the .A. and M. College .Agronomy Society,
only.

KEA'R — Evergreen Broadcasting Corp., Seattle, Wash. — Granted
special temporary authority to operate simultaneously with
Station KRKO from 4 p. m. to 6 ji. m., .April 2.L May 1,
3, 9, 12, 1,3, 16, 23, 1941. PST, in order to complete broad¬
casts of special Seattle High School Track Meets, only.

KEA’R — Evergreen Broadcasting Corp, Seattle, Wash — Granted
special temporary authority to operate simultaneously with
Station KRKO from 4 p. m. to 6 p. m., PST, May 27 and
29. 1941, in order to complete broadcasts of special Seattle
High School Track Meets only.

Columbia Broadcasting System, Inc., New A'ork City. — Granted
special temporary authority to pick up program from Army
.Aircraft April 20 or April 27, 1941, from .S:1.S to 5:30 p. m.,
EST, in connection with demonstration of defense maneuvers
originating at Mitchell Field, L. L, and retransmit same to
W.ABC and the CBS in New York.

WSGN — Birmingham News Company, Birmingham, Ala. — Granted
petition to reconsider and grant without a hearing applica¬
tion for renewal of license for WSGN, 1840 ke., 250 watts,
unlimited time, and cancelled the hearing heretofore sched¬
uled on this application (B3-R-420).

Natchez Broadcasting Co., Natchez, Miss. — Adopted order grant¬
ing unconditionally the application for a new station to
operate on MOO kc., 250 watts, unlimited time. On March
18, 1941, this application was granted upon condition that
applicant file a properly certified copy of its corporate
charter, and this condition has now been complied with
(B3-P-2999).

KLUF — KLLIF Broadcasting Co., Inc., Galveston, Texas. — Granted
application for renewal of license to operate on 1400 kc.,
250 watts, unlimited time.

KOA — National Broadcasting Co., Inc., Denver, Colo. — Denied
petition of National Broadcastingg Co., Inc. (KOA), Denver,
for stay of Commission order of .April 7 granting applica¬
tion of Matheson Radio Co., Inc. (WHDH), Boston, Mass.,
for construction permit to increase power from 1 KW to
5 KW, and hours of operation from daytime to sunset at
Denver, to unlimited time, using directional antenna at
night, on S.AO kc.; suspended .April 7 order pending filing
by National Broadcasting Co., Inc. (KOA), within time
allowed by statute, of petition for rehearing and determina¬
tion thereon by the Commission or until further order of
the Commission.

378 — April 25, 1941

APPLICATIONS FILED AT FCC

570 Kilocycles

WMC.A — Knickerbocker Broadcasting Co., Inc., New York, N. Y.
— Modification of license to increase power from 1 KW
night 5 KW day to 5 KW day and night and changes in
directional antenna for day and night use.

WN.AX — WN.AX Broadcasting Co., Yankton, S. D. — Authority to
install automatic frequency control equipment.

610 Kilocycles

WCLE — United Broadcasting Co., Cleveland, Ohio. — .Authority
to install automatic frequency control.

620 Kilocycles

WTMJ — The Journal Co. (The Milwaukee Journal), Milwaukee,
Wise. — Modification of construction permit (B4-P-2696)
to extend completion date from 5-6-41 to 6-6-41.

710 Kilocycles

KMPC — KMPC, The Station of the Stars, Inc., Beverly Hills,
Calif. — Modification of construction permit (B5-P-2804)
for approval of transmitter site, approval of directional
antenna for day and night use, installation of new trans¬
mitter and increase in power from 5 to 10 KW.

770 Kilocycles

WLB — University of Minnesota, Minneapolis, Minn. — Authority
to determine operating power by the direct method.

810 Kilocycles

KO.AM — The Pittsburgh Broadcasting Co., Inc., Pittsburgh, Kans.
— Authority to determine operating power by the direct
method.

860 Kilocycles

NEW — Paducah Broadcasting Co., Inc., Paducah, Ky. — Construc¬
tion permit for a new broadcast station to be operated on
860 kc., 250 watts, daytime hours.

930 Kilocycles

KHJ — Don Lee Broadcasting System, Los Angeles, Calif. — Author¬
ity to determine operating power by the direct method.

940 Kilocycles

WM.AZ — Southeastern Broadcasting Co., Inc., Macon, Ga. — Au¬
thority to determine operating power by direct method.

950 Kilocycles

KPRC — Houston Printing Corp., Houston, Texas. — Modification
of construction permit (B3-P-2791 ) to install directional
antenna for night use, and increase in power from 1 KW
night, 5 KW day to 5 KW day and night, requesting
changes in directional antenna and !b)0 kc. under NARB.A
and extension of completion date from 6-22-41 to 120 days
after grant.

WWJ — The Evening News Assn., Detroit, Mich. — Modification of
construction permit (B2-P-2880) as modified, for changes
in directional antenna and to specify 9.50 kc. under N.ARB.A,
extend completion date from 9-28-41 to 120 days after grant.

WRC — National Broadcasting Co., Inc., Washington, D. C. —
Modification of construction permit (Bl-P-243) as modified,
for extension of completion date from 5-5-41 to 6-5-41.

970 Kilocycles

W.A.AT — Bremer Broadcasting Corp., Jersey City, Ala. — Modifica¬
tion of construction permit (Bl-P-2704) as modified, for
new transmitter, install directional antenna, change hours
of operation from day to unlimited time, increase power
from 500 watts to 1 KW and move transmitter, for exten-
tion of completion date from 4-25-41 to 5-25-41.

WIC.A — WIC.A, Inc., Ashtabula, Ohio. — Construction permit to in¬
stall new transmitter, install directional antenna for night
use, increase power from 1 KW to 1 KW night, 5 KW da\’

and change hours from daytime to unlimited time. Amended:
to request 970 kc. under NARBA and changes in directional
antenna.

1030 Kilocycles

KOB — Albuquerque Broadcasting Co., Albuquerque, N. M. — Modi-
cation of construction permit {B5-P-2783) as modified, for
new transmitter, increase in power from 10 to 50 KW, re¬
questing e.xtension of completion date from 5-7-41 to 7-6-41.

1050 Kilocycles

VVDZ — WDZ Broadcasting Co., Tuscola, Ill. — Authority to deter¬
mine operating power by direct method.

1070 Kilocycles

WEAU — Central Broadcasting Co., Eau Claire, Wise. — Authority
to determine operating power by direct method.

1110 Kilocycles

WBT — Columbia Broadcasting System, Inc., Charlotte, N. C. —
Authority to determine operating power by direct measure¬
ment of antenna power.

1230 Kilocycles

KFDA — Amarillo Broadcasting Corp., Amarilla, Tex. — Authority
to determine operating power by direct method.

KPOW — Albert Joseph Meyer, Powell, Wyo. — License to cover
construction permit {B5-P-2593) as modified for a new
broadcast station.

KPOW — Albert Joseph Meyer, Powell, Wyo, — Authority to deter¬
mine operating power by direct measurement of antenna
power.

NEW — Bay County Publishers, Inc., Panama City, Fla. — License
for a new broadcast station to be operated on 1380 kf.,
100 watts night, 250 watts day and unlimited time. Facilities
of Station WDLP.

WAIM — Wilton E. Hall, Anderson, S. C. — License to cover con¬
struction permit (B3-P-2935) as modified, to install new
transmitter, new antenna and increase in power.

KFXJ — R. G. Howell & Charles Howell, d/b as Western Slope
Broadcasting Co., Grand Junction, Colo. — Authority to
determine operating pow'er by the direct method.

WIL — Missouri Broadcasting Corp., St. Louis, Mo. — Authority to
determine operating power by the direct method.

1240 Kilocycles

KIUL — The Garden City Broadcasting Co. (Homer A, Ellison and
Frank D. Conard), Garden City, Kans. — Authority to deter¬
mine operating power by the direct method.

KWAT — Midland National Life Insurance Co., Watertowm, S. C.
— Authority to determine operating power by the direct
method.

1280 Kilocycles

WDSU — WDSU, Incorporated .New Orleans, La. — Modification of
construction permit (B3-P-2923) for changes in directional
antenna and specify 1380 kc. under NARBA.

1290 Kilocycles

KGVO — Mosby’s, Inc., Missoula, Mont. — Authority to install new
automatic frequency' control equipment.

KGVO — Mosby’s, Inc., Missoula, Mont. — Construction permit to
increase pow'er from 1 KW night 5 KW day to 5 KW day
and night, install directional antenna for day and night use,
move transmitter and make equipment changes. Amended
to make changes in directional antenna.

WKNE — Twin State Broadcasting Corp., Keene, N. H. — Voluntary-
assignment of license from Twin State Broadcasting Corpo¬
ration to WKNE Corporation.

KHSL — Golden Empire Broadcasting Co., Chico, Calif. — Construc¬
tion permit to increase power from 500 watts night, 1 KW
day to 1 KW day and night, install directional antenna for
day and night use. Amended to make changes in direc¬
tional antenna.

1300 Kilocycles

WWNV — The Brockway Co., Watertown, N. Y. — License to cover
construction permit (Bl-P-937) as modified, for a new
broadcast station.

WWNY — The Brockway Co., Watertown, N. Y. — .\uthority to
determine operating power by the direct method.

WJDX — Lamar Life Insurance Co., Jackson, Miss. — Authority to
determine operating power by direct method.

1310 Kilocycles

KLS — S. W. Warner & E. N. Warner, d/b as Warner Brothers,
Oakland, Calif. — License to cover construction permit (B5-
P-2826) as modified for installation of new transmitter,
changes in antenna and increase in power.

KLS — S. W. Warner & E. N. Warner, d/b as Warner Brothers,
Oakland, Calif. — Authority to determine operating power
by direct measurement of antenna power.

1320 Kilocycles

KDYL — Inlermountain Broadcasting Corp., Salt Lake City, Utah.
— Modification of construction permit (B3-P-2721 ) for in¬
stallation of directional antenna for day and night use,
increase in power to 5 KW, for changes in directional an¬
tenna system and requesting 1830 kc. under NARBA.

WJ.'\S — Pittsburgh Radio Supply House, Pittsburgh, Pa, — Modifi¬
cation of construction permit (B2-P-2947) to increase power
from 1 KW night, 5 KW day to 5 KW day and night,
install directional antenna for night use, for 1330 kc. under
NARBA, and changes in directional antenna and extension
of commencement date to 30 days after grant and com¬
pletion date to 180 days thereafter.

1340 Kilocycles

KHUB — John P. Scripps, Watsonville, Calif. — .‘\uthority to deter¬
mine operating power by' the direct method.

NEW — WB.^M, Incorporated, Birmingham, Ala. — Construction
permit for a new broadcast station to be operated on 1840
kc., 250 watts, unlimited time, facilities of WSGN when
vacated.

1370 Kilocycles

KGNO — The Dodge City Broadcasting Co., Inc., Dodge City,
Kans. — .Authority to determine operating power by direct
method.

WMFD — Richard Austin Dunlea, Wilmington, N. C. — Modifica¬
tion of license to increase power from 100 watts night, 250
watts day to 250 watts day and night.

1380 Kilocycles

KIDO — Frank L. Hill & C. G. Phillips, d/b as Boise Broadcasting
Station, Boise, Idaho. — .Authority to determine operating
power by the direct method.

1390 Kilocycles

WFBL — Onondaga RacUo Broadcasting Corp., Syracuse, N. Y. —
Authority to install automatic frequency control.

1400 Kilocycles

KOBH — Black Hills Broadcast Company of Rapid City, Rapid
City, S. D. — .Authority to determine operating power by
the direct method.

KIL'P — San Juan Broadcasting Co., Durango, Colo. — .Authority
to determine operating power by direct measurement of
antenna power.

WKMO — Kokomo Broadcasting Corp., Kokomo, Ind. — License to
cover construction permit (B4-P-2842) as modified, for a
new broadcast station specifying 1400 kc. under N.ARB.A.

KELD — Radio Enterprises, Inc., North of El Dorado, Ark. —
Construction permit to change tubes in last radio stage from
four RCA 203 -.A to two RC.A 805.

WJAC — WJAC, Inc., Johnstown, Pa. — Authority to determine
operating power by the direct method.

WKMO — WJAC, Inc., Johnstown, Pa. — Authority to determine
operating power by the direct method.

WEO.A — Evansville On The .Air, Inc., Evansville. Ind. — License to
cover construction permit (B4-P-3079) for move of trans¬
mitter.

1410 Kilocycles

W.AL.A — W. 0. Pape, tr. as Pape Broadcasting Co., Mobile, .Ala. —
Modification of construction permit (B3-MP-932) request¬
ing change in t>-pe of transmitter, changes in directional
antenna for night use and specify 1410 kc. under N.ARB.A.

April 25, 1941 — 379

1420 Kilocycles

KUJ — KUJ, Inc., Walla Walla, Wash. — Authority to determine
operating power by the direct method.

WIIK — United Broadcasting Co., Cleveland, Ohio. — Authority to
install automatic freo_uency control equipment on 1420 kt“.
under NARBA.

1440 Kilocycles

KGNC— Plains Radio Broadcasting Co., Amarillo, Tex.— License
to cover construction permit (B3-P-2969) for increase in
power and installation of new transmitter.

1450 Kilocycles

KWBG — The Nation’s Center Broadcasting Co., Inc., Hutchinson,
Kans. — Authority to transfer control of corporation from
W. B. Greenwal’d to O. L. Taylor, .50% capital stock, Wm.
Wyse, 49.9% capital stock and Wesley E. Brown, .1% capi¬
tal stock. Amended to change transferees from Taylor,
Wyse and Brown to Stanley Marsh, 50%, Wm. Wyse,
49'9% and Wesley E. Brown, .1%.

WRAP — American Broadcasting Corp. of Ky., Lexington, Ky.—
License to cover construction permit (B2-P-2900) as modi¬
fied for move of transmitter and new antenna, specifying
1450 k(‘. under NARBA.

YViMVA— Wm. C. Barnes & Jonas Weiland, d/b as Martinsville
Broadcasting Co., Martinsville, Va. — Authority to deter¬
mine operating power by direct method.

WMVA — Wm. C. Barnes & Jonas Weiland, d/b as Martinsville
Broadcasting Co., Martinsville, Va. — License to cover con¬
struction permit (B2-P-2226) as modified for a new broad¬
cast station.

WAOV — Vincennes Newspapers, Inc., Vincennes, Ind. — .Authority
to determine operating power by the direct method.

KGLU — Gila Broailcasting Co., Safford, Ariz. — Authority to deter¬
mine operating power by direct method,

WLAP — American Broadcasting Corp. of Ky., Lexington, Ky. —
Authority to determine operating power by the direct
method.

1490 Kilocycles

KGKY--L. L. Hilliard, Ruth K. Hilliard and R. M. Stewart, d/b
as Hilliard Co., Scottsbluff, Nebr. — Authority to determine
operating power by the direct method.

WMRF — Lewistown Broadcasting Co., Lewistown, Pa. — Modi¬
fication of construction permit {B2-P-2977) for a new
broadcast station, requesting installation of new transmitter,
changes in antenna system, move studio and extension of
completion date from 10-25-41 to 180 days after grant.

KGKB — East Texas Broadcasting Co., Tyler, Tex. — Authority to
determine operating power by direct method.

NEW — The Metropolis Co., Ocala, Fla. — License for a new broad¬
cast station to be operated on 1490 ko., 100 watts, unlimited
time. Facilities of Station WTMC.

NEW — Hennessy Broadcasting Co., Butte, Mont. — Construction
permit for a new broadcast station to be operated on 1490
kc., 250 watts, unlimited hours.

WBAB — Press-Union Publishing Co., Atlantic City, N. J. — .'\u-
thority to determine operating power by the direct method.

KPAB — M. M. Valentine, Laredo, Tex. — Authority to determine
operating power by direct method.

1600 Kilocycles

WCNW — Arthur F'aske — Construction permit to install new trans¬
mitter and increase power from 100 watts night, 250 watts
day to 1 KW day and night.

WWRL — Long Island Broadcasting Corp., Woodside (L. L), N. Y.
— Construction permit to install new transmitter, new an¬
tenna system, change frequency from 1590 kc. to 1(190 kc,
(under NARBA), increase power from 250 watts to 5 KW
and move transmitter from Woodside (L. L), to New York,
N. Y. Amended; To specify transmitter site as Brooklyn,
N. Y.

1520 Kilocycles

WKBW — Buffalo Broadcasting Corp., Buffalo, N. Y. — Authority
to determine operating power by the direct method.

FM APPLICATIONS

NEW— The Radio Voice of New Hampshire, Inc., Manche.ster,
N. IL— Construction permit for a new high frequency

380 — April 25, 1941

broadcast station to be operated on 4:i500 kc. ; coverage,
19,622 square miles; population, 4,099,385.

NEW — William G. H. Finch, New York, N. Y. — Modification of
construction permit (Bl-PH-42) for a new high frequency
broadcast station, requesting change in transmitter location
and approval of antenna system.

NEW — Everett L. Dillard, tr. as Commercial Radio Equipment
Co., Kansas City, Mo. — Construction permit for a new
high frequency broadcast station to be operated on 44900
kc.: coverage, 2,995 square miles; population, 673,759.
Amended: To change coverage to 4,410 square miles,
jjopulation to 730,869, and make changes in antenna and
transmitter.

MISCELLANEOUS APPLICATIONS

WBALT — Press Llnion Publishing Co., Atlantic City, N. J. — Modi¬
fication of construction permit (Bl-PRE-363) which au¬
thorized new relay broadcast station, for extension of com¬
mencement date and completion date from 11-6-40 and
5-6-41 to 5-6-41 and 8-6-41, respectively.

FEDERAL TRADE
COMMISSION ACTION

COMPLAINTS

Federal Trade Commission has alleged unfair compe¬
tition against the follov/ing firms. The respondents will
be given an opportunity to show cause why cease and
desist orders should not be issued against them.

Maiii’ice >1. Engel, 146 West 29th St., New York, has been
charged with misleading representation in the sale of knife blades
used by the fur industry.

According to the complaint, the respondent advertises such knife
blades as being “Tri-Forged” and “Tungsten Surgical Steel” and
through these and other assertions represents that they are made
of the finest tungsten alloy steel, are highly tempered, and are
capable of taking and holding a fine edge and of being re-sharpened
if necessary.

The complaint alleges that the respondent’s knife blades for use
in the fur industry are neither tri-forged nor made of tungsten sur¬
gical steel but of rolled carbon steel, a product much inferior to
tungsten steel both in price and quality (4490).

Norfolk IMattrrss Co., Iiic., Norfolk, \’a., has been served
with a complaint alleging misleading representations in the sale of
its products.

According to the complaint, the respondent furnishes to its retail
trade advertising matter in which its products are collectively re¬
ferred to as “Dr. Ezera Storm’s Supreme Quality Sleep Products,”
while mattresses, springs, studio couches and pillows are given
specific trade names containing the abbreviation “Dr.”.

The complaint alleges that through its use of the term “Dr.” the
respondent has represented, either directly or through implication,
that the products so designated are made in accordance with the
design of or under the supervision of a doctor, and has further
represented that such products contain special or scientific features
which are the result of medical advice or services, when in fact the
respondent’s products are not so designed or made (4488).

I'aciHie Fruit & Frodurr Exrluiiigr — .Mleging price fixing and
other restraint of trade practices in the interstate sale of broadleaf
spinach a complaint has been issued against Pacific Fruit & Pro¬
duce Co. and four other Walla Walla, Wash., shippers, four Chi¬
cago jobbers and a Minneapolis l)roker operating through a Chi¬
cago branch.

The other resirondents tire Walla Walla Gardeners’ Association,
Mojonnier & Sons, Inc., Walla Walla Produce Co., and Ewing M.

Stephens and Eugene Tausich, trading as Valley Fruit Co., all of
Walla Walla, shippers; C. H. Robinson Co., 430 Oak Grove Ave.,
Minneapolis, broker, and Robert M. Steinberg, manager of its
branch at 1425 South Racine Ave., Chicago, and the following
Chicago jobbers: LaMantia Brothers Arrigo Co., 28-32 South
Water Market; Owen T. Hill and Robert S. Hill, trading as Mark
Owen & Co., 33 South Water Market; John Plennert and John
Mahoney, trading as P. & M. Distributing Co., 8 South Water
Market, and Arthur Applebaum and Maurice J. Missner, trading
as Applebaum-Missner Co., 13 South Water Market.

Broadleaf spinach, the complaint points out, is a distinct variety
growm almost exclusively in the Walla Walla region and packed
and handled only by the respondent shippers. The bulk of it,
according to the complaint, is sold directly to canners although
large quantities are shipped fresh to the Chicago market where a
sale for this particular type of spinach is readily found.

The complaint charges that the respondent jobbers, pursuant to
an agreement, understanding, combination and conspiracy of all
the respondents, have fixed the resale prices at which fresh broad¬
leaf spinach purchased by them from the respondent shippers
through C. H. Robinson Co., the respondent broker firm, should
be sold in the Chicago market, and that such jobbers, assisted by
the respondent broker firm and its manager, the respondent Stein¬
berg, entered into an agreement with the respondent shippers
whereby they shipped all of their pack of this type of spinach to
the respondent jobbers exclusively through the C. H. Robinson Co.

Pursuant to the agreement and combination, the respondent
shippers, according to the complaint, fixed the prices paid for
broadleaf spinach to the growers and prorated the tonnage of this
product throughout the season, it being handled through C. H.
Robinson Co., and routed to the respondent jobbers. The com¬
plaint further alleges that the respondent jobbers purchased all of
their requirements of this spinach for the Chicago market from
the respondent shippers through C. H. Robinson Co., and that the
respondent Steinberg actively assisted in negotiating the agreement
between the respondent jobbers and shippers and cooperated in
enforcing it.

The complaint alleges that the respondents’ agreement, under¬
standing, combination and conspiracy had the effect of unduly
restricting competition, in the purchase and sale of broadleaf
spinach in commerce, of enabling the respondents to control and
monopolize such business, of preventing competing jobbers in Chi¬
cago from purcha.sing such product, and of enhancing the retail
price of fresh broadleaf spinach in Chicago and the surrounding
area, all in violation of the Federal Trade Commission Act (4487).

Thrift Sales Corporation — Alleging the use of lottery methods
in the sale of sales promotion plans and of watches, clocks, luggage,
and other articles used in the operation of such plans, a complaint
has been issued against Thrift Sales Corporation, trading as
Finance Service System and as Church Extension Bureau, 192
North Clark St., Chicago, and against Gustave Heiss, an officer of
Thrift Sales Corporation.

The complaint charges that the respondents contact religious,
charitable and fraternal organizations in various parts of the
country and offer to conduct bazaars the proceeds of which are
to be divided between an organization and the respondents on an
agreed-upon basis. According to the complaint, the respondents
then place in the hands of the organization’s members push card
devices to be used in the sale of the respondents’ merchandise
to the public (4489).

CEASE AND DESIST ORDERS

The Commission has issued the following cease and
desist orders:

Carlton Mills, Co., Inc., 241 West Wyoming Ave., Philadelphia,
has been ordered to cease and desist from misleading representa¬
tions in the sale of certain textile fabrics composed of combinations
of ordinary wool and of cotton or of these products with rayon.

Commission findings are that the respondent has supplied to
garment manufacturers and retail dealers various labels to be
attached to coats and other garments manufactured from its fab¬
rics, which are made to resemble genuine Persian lamb. Karakul
and Caracul peltries; that the respondent used on these labels
various trade names having the sound and appearance of names

associated with Southeastern European and Southwestern Asiatic
countries w'here the Persian lamb, the Karakul and the Caracul are
found; and that the respondent’s practice has tended to deceive
purchasers into believing that the respondent’s products and the
garments manufactured therefrom are made from the peltries or
w'ool of such animals.

The Commission order directs the respondent to cease using the
words “Persian” or “Pershian” or words of similar spelling or pho¬
netic sound to describe any textile fabric which simulates the
peltry of a Persian lamb. Karakul or Caracul. The respondent is
further ordered to cease using or authorizing the use of the terms
“Karagora,” “Pelkara,” “Bashkara Lamm,” or “Kosva-Lam,”
separately or together, with a pictorial design of a lamb or of any
other wool-bearing animal, and of the terms “Pershian Royal,”
“Rivalamm,” “Volgalam,” “Persia-laine,” “Lam Kurl Persian,”
“Russkara,” “Kurl Kohvar,” or “Galykurl,” all in connection with
any description of any textile fabric which simulates in appear¬
ance, pattern or design the peltry of a Persian lamb. Karakul or
Caracul.

The order directs the respondent to cease employing the terms
“Babelamm,” “Lam” or “Lamm” or other similar terms to refer to
fabrics or products not composed of wool obtained from lambs,
provided that such terms may be used as descriptive of the wool
content of fabrics or products composed in part of such wool and
in part of other fibers, if words truthfully designating each con¬
stituent fiber or material are used in immediate connection and in
letters of equal conspicuousness.

Under the order, the respondent is further directed to cease ad¬
vertising, offering or selling fabrics or products composed in whole
or in part of rayon without clearly disclosing the rayon content,
and, in the case of mixed materials, setting forth the rayon and
other constituent fibers or materials in immediate connection with
each other and in equally conspicuous type (4341).

Evans Novelty Company — A Chicago firm selling novelty mer¬
chandise and a St. Joseph, Mo., candy distributor have been
ordered to cease and desist from selling or otherwise disposing of
merchandise by means of a game of chance, gift enterprise or
lottery scheme. The respondents are Mitchell A. Bazelon and
Jacob L. Bazelon, who were formerly in business as copartners
under the names Evans Novelty Co. and Premium Sales Co. at
946 Diversey Parkway, Chicago, and the Douglas Candy Co., St.
Joseph, Mo.

According to Commission findings, the respondents Mitchell A.
and Jacob L. Bazelon were copartners selling radios, fishing tackle,
clocks and other merchandise under the names Evans Novelty Co.
and Premium Sales Co. until the purchase of Mitchell A. Bazelon’s
interest in the business by Jacob L. Bazelon, who now conducts
the business under the two trade names.

The respondents in each case are ordered to cease and desist
from selling or distributing any merchandise so packed or as¬
sembled that sales of such merchandise to the public may be made
by means of a lottery scheme, and from supplying to others push
or pull cards, punch boards or other lattery devices, either with
assortments of merchandise or separately, which devices are to be
or may be used in selling or distributing such merchandise to the
public (3711-3817).

Peterson Core Oil & Mfg. Co., 704 South Kolmar Ave., Chi¬
cago, manufacturer of core oil for use in foundries, and Henry S.
and Harold A. Peterson, officers of the corporation, have been
ordered to cease and desist from representing, by the use of letter¬
heads of the corporation or otherwise, that offices or branches are
owned, maintained, or operated in any city or locality when no
such office or branch is so owned or operated.

Commission findings are that the respondents represented that
they maintain branches in St. Louis, Buffalo, Philadelphia, Detroit,
and Hamilton, Ont., when in fact no such offices are operated in
those cities or elsewhere.

The Commission order also directs the respondents to cease rep¬
resenting, pictorially or otherwise, that the physical plant, equip¬
ment and facilities owned, used or occupied are greater than they
are in fact (3989) .

Kanisdell Pat'king Company — Thirteen sardine canning and
packing firms operating in Maine have been ordered to discontinue
violations of the brokerage provision of the Robinson-Patman Act.
The res|)ondents are: Ramsdell Packing Co., Rockland, Me.;

April 25, 1941 — 381

Seaboard Packing Co., Lubec; Machiasport Canning Co., Machias-
port ; Holmes Packing Corporation, Eastport; R. J. Peacock Can¬
ning Co., Lubec; Jonesport Packing Co., West Jonesport; Sunset
Packing Co., Inc., West Pembroke; Calvin L. Stinson, operating
as Stinson Canning Co. and Addison Packing Co., Prospect Harbor,
Me.; Royal River Packing Corporation, Yarmouth; Belfast Pack¬
ing Co., Belfast; North Lubec Manufacturing & Canning Co.,
North Lubec; L^nion Sardine Co., Lubec; and Booth Fisheries
Corporation, 309 West Jackson St., Chicago, operating through its
subsidiary. Booth Fisheries Sardine Co., Eastport, Me.

Commission I'lndings are that in some instances the respondents
effect sales of sardines through brokers whom they employ as sell¬
ing agents. In other instances, the findings continue, the respond¬
ents sell sardines directly to purchasers among whom are some of
the respondents’ brokers, who sometimes buy sardines for their
own account for resale.

When, according to findings, sales of sardines are effected through
brokers, the respondents pay them a brokerage fee or commission
usually amounting to five per cent of the price at w'hich the re¬
spondents invoice the sardines to the purchasers.

The Commission order directs the respondents to cease and
desist from paying or granting to buyers by any means, directly or
indirectly, on their own purchases of sardines, any commission,
brokerage or other compensation, or any allowance or discount
in lieu thereof.

The respondents are further directed to cease and desist from
selling sardines to customers, the sales to wdiom are effected
directly by the respondents, at a price reflecting a reduction from
the prices at which the respondents are currently selling such sar¬
dines to other customers, such reduction being an amount equiva¬
lent to brokerage currently being paid by the respondents to their
brokers for effecting sales of sardines to other purchasers.

The respondents, except Union Sardine Co., which was not found
to engage in such practices, are also ordercfl to cease and desist
from selling sardines to customers through brokers to whom the
respondents do not pay the full and customary brokerage, at a
price reflecting a reduction from the respondents’ current prices to
other customers, approximately equal to the difference between
the full brokerage customarily paid and that actually paid by the
respondents to such brokers for effecting such sales (435.3-4362,
4410-4414),

Saks iV Cuiiipaiiy — .\n order has been set aside to cease and
desist issued .April 3, 1940, against Saks & Co., New York, concern¬
ing certain representations in the sale of women’s garments, and
has issued a modified order to cease and desist.

The modified order is in accordance with a stipulation in w'hich
the respondent company agreed to dismiss its petition for review
of the Commission order of .Ajiril 3, 1940, recently pending in the
United States Circuit Court of .Appeals for the Second Circuit.
New York, and in which the Commission agreed that upon such
dismissal it would set aside its original order and issue the modified
order.

L’nder the modified order, the respondent corporation is directed
to cease and desist from representing as the customary or regular
worth or value of any furs, or fur products made in w'hole or in
part of fur, prices and values which are in excess of the regular
and customary prices, and from representing as new or “brand
new” any fur coat which is not in fact a new fur coat.

The respondent is further ordered to cease using the unqualified
descriptive term “Satin,” or any other descriptive terms indicative
of silk, to designate any fabric or product not composed wholly
of silk, provided that when such terms are used truthfully to desig¬
nate the type of weave, construction or finish, they must be quali¬
fied by the use in connection therewith, in letters of equal con¬
spicuousness, of words clearly naming the fibers or materials from
which the products are made.

The modified order further directs the respondent to desist from
u.sing the term “Silk” or other similar terms indicative of silk,
to describe any fabric or product not composed wdiolly of silk,
provided that in the case of a fabric or product composed partly
of silk and partly of materials other than silk, such terms may be
used as descriptive of the silk content when immediately accom¬
panied by words accurately designating such other materials
(3456).

Frank L. Singer Fur ('oinpany — Frank L. Singer, trading as
Frank L. Singer Fur C’o., Peekskill, N. Y,, has been ordered to
cease and desist from making misleading representations in con¬
nection with the purchase or sale of raw furs.

382 — April 25, 1941

Commission findings are that the respondent disseminated price
lists and trade literature setting forth his method of purchasing
raw furs from trappers and dealers, the quality and grading
classification of furs, and the high prices and average prices paid
for such stated grades and classifications.

.According to findings, the prices quoted as those to be paid by
the respondent for designated furs have been so displayed as to
create the misleading impression that they would approximate the
high prices in the upjier grades. As a matter of fact, the findings
continue, the bulk of the furs received by the respondent for grad¬
ing have been of medium or low quality.

Findings are further that trappers not skilled in fur grading
technique have been induced to ship their furs to the respondent as
a result of the emphasis he has placed on the higher grades and
prices quoted by him and in the mistaken belief that they would
be paid at the highest prices quoted.

The Commission order directs the respondent to cease and desist
from these practices and to discontinue representing to fur trappers
or dealers that market conditions or other causes have created
an unusual demand for certain types and grades of furs, and have
caused or will cause an increase in prices paid to trappers and
dealers for such types or grades of furs, when in fact such market
conditions or demanrl do not exist (4189),

S. & K. Sales Company, 5ne.~S. & K. Sales, Inc., St. Louis
distributor of merchandise, has been ordered to cease and desist
from selling or otherwise disposing of merchandise by means of
a game of chance, gift enterprise or lottery scheme. Commission
findings are that the respondent corporation sells to dealers tapes¬
tries, neckties, pipes, knives, fountain pens and other articles.

The respondent is ordered to cease and desist from selling or
distributing any merchandise so packed or assembled that its sale
to the public is to be or may be made by means of a lottery scheme,
and from supplying to others push or pull cards, pull tabs, punch
boards or other lottery devices, either with assortments of mer¬
chandise or separately, which devices are to be or may be used in
selling or distributing such merchandise to the public (3769).

STIPULATIONS

Following stipulations have been entered into by the
Commission during the past week;

ISrowii Shoe C-o., Ine. (3078), and Johnson, Stephens & Shinkle
Shoe Co, (3080), both of St. Louis, and from Marshall, Meadows
& Stewart, Inc. (3079), Auburn, N. Y., all manufacturers of shoes,
have entered into stipulations.

The respondents agree to cease using the word “Alligator” or
other similar words to describe shoes not made from alligator hide,
provided that the word “.Alligator” may be used to describe the
finish of shoes which are made from materials other than alligator
leather and are finished or embossed to resemble it, when this word
is immediately accompanied by other words clearly indicating that
the designation refers only to the pattern embossed on such ma¬
terials. The Marshall, Meadows & Stewart stipulation applies to
shoes “or the trim or any part thereof” (3078-3079-3080).

('ai'lxdiiieiini Wool rre.serviiig ('<»., 528 West Highland Ave.,
Milwaukee, entered into a stipulation to cease certain representa¬
tions in the sale of “Carbolineum,” advertised for use as a wood
preservative and for destruction of insects. The respondent agrees
to cease representing that the United States Patent Office has recog¬
nized any advantages, exclusive or otherwise, of “Carbolineum” or
“.\venarius Carbolineum” as a wood preservative, a mite killer,
or for any purpose or use. The respondent further stipulates it
will cease advertising that the trademark “Carbolineum” was
issued in the name of Carbolineum Wood Preserving Co. by the
iratent office (3081).

(L S. Clieney Co., 15 Union St., Boston, stipulated that in the
sale of its product known as “Cheney’s Nurve Phosphates” and
“Cheney’s Nerve Phosphates” it will cease representing, by use of
the words “nurves” or “nerve” or other similar words in the
preiraration’s name, that it is of any value for bodily ailments
caused by nervous disorders; that it is a food or stimulant for the

nerves, or is beneficial in the relief of sleeplessness and fatigue, and
that its lecithin content will add to the phosphorus constituent of
brain and nerve substance. The respondent also apees to cease
representing that “Cheney’s Vitamins Complete” is a valuable
accessory to one’s daily diet, unless the advertisement clearly ex¬
plains that the product is valuable only in cases where there is a
deficiency of the vitamins and minerals which it contains (02778).

DeLuxe Products Company — A1 B. Wolf and Max Schwartz,
trading as DeLuxe Products Co., and National Business Builders,
637- West Roosevelt Road, Chicago, camera distributors, has en¬
tered into a stipulation to cease and desist from use of the word
“Remington” or any simulation thereof as a mark or brand for
cameras, the effect of which usage tends to convey the impression
that such products are manufactured by Remington Rand, Inc.,
or by Remington Arms Co. The respondents also agree to cease
using the word “Speed,” alone or in connection with the word
“Super,” as descriptive of the lens of their cameras, and to dis¬
continue employing the phrase “Regular $5.00 Value” as descrip¬
tive of the value of their products when in fact that amount is in
excess of the regular retail price (3073).

Donna Lo Laboratories, Inc., 603 Del Monte Way, St. Louis,
has entered into a stipulation to cease advertising that Donna Lo
preparations, or any one of them, provide a new kind of skin care
or are effective as an aid in correcting skin ailments generally; and
that they permit the skin or its pores to breathe, decrease the size
of the pores, and cause the blood stream to circulate through in¬
active areas of the face. The respondent corporation also agrees
to cease representing by use of the word “Circulation” in the brand
name of “Circulation Emulsion” that that preparation stimulates
circulation and to cease representing that “Domma Lo Face
Powder” is made in France or from a French formula, and that
face powders sold by its competitors contain ingredients which
close or seal the pores of the skin (02782).

Grace Donohue, Inc., 640 Madison Ave., New York, entered
into a stipulation to cease and desist from advertising that the
preparation “Grace Donohue Cleanser” is a healing agent and con¬
stitutes an efficient method for preserving a clear, smooth or attrac¬
tive complexion. The respondent also agrees to cease representing
that the product is a remedy or cure for blackheads or white-
heads and is beneficial in the treatment of acne, crow’s feet, lines
under eyes, “jowls” and other skin conditions, or is beneficial to
oily or dry skin. The respondent further agrees to cease stating
in its advertising that excess fatty acids or waste products impede
normal elimination of the skin (02776).

Alton W. Eldredge, trading as Melrose Eldredge Co., Melrose.
Mass., has entered into a stipulation to cease representing, by use
of the terms “Doctor”, “Dr.”, or “Approved”, as a part of the
brand name of “Dr. Eldredge’s Approved Rectal Jelly”, that that
preparation has the official recommendation of any group of doc¬
tors or pharmacists or that it was formulated by a physician. The
respondent further stipulates that he will cease advertising that
the preparation is a cure for piles or has any therapeutic effect
upon the symptoms of that ailment except to the extent that it
may act as an astringent, provide some antiseptic action, or afford
the soothing effect of an emollient (02779).

European Linen Importing Corporation, 244 Fifth Ave., New
York, stipulated that it will cease using the word “Tuscany” or
similar words, either with or without the explanation “Made in
China,” as descriptive of laces or other articles which are not in
fact true Tuscany lace actually made in Tuscany of linen thread.
The respondent, which, according to the stipulation, does not own
or control a factory, also agrees to desist from use of the word
“Manufacturers” in connection with its corporate or trade name
and as descriptive of its business (3074).

L. W. Ferdinand & Co., Inc., 599 Albany St., Boston, entered
into a stipulation to cease using on labels or in printed matter the
word “Waterproof” or similar words as descriptive of casein glue
which is not waterproof. (3075)

S. Grover Graham Co., Inc. (02781), 75 Second St., Newburgh,
N. Y., has entered into a stipulation to cease certain representa¬
tions in the sale of “Grover Graham Remedy” and “Graham’s
Butternut Pills”. Also Hevenor Advertising Agency, Inc. (02775),
11 North Pearl St., Albany, N. Y., entered into a stipulation
to cease certain representations in advertisements disseminated
by the agency on behalf of S. Grover Graham Co., Inc., for its
preparation “Grover Graham Remedy.”

Both the respondent corporation and advertising agency agree
to cease employing the word “Remedy” or similar words as a
part of the trade name of Grover Graham Remedy or in any
other manner implying that the preparation is anything more than
a treatment to neutralize temporarily excessive gastric acidity and
to relieve temporarily the pain caused thereby.

Hevenor Advertising Agency, Inc., further stipulates that it
will cease disseminating advertisements on behalf of S. Grover
Graham Co., Inc., which represent that Grover Graham Remedy
will afford relief from acid indigestion in five minutes or any
specified time and enable an individual to eat food without fear
of stomach distress; that the preparation corrects or cures exces¬
sive stomach acidity and stops the pain or symptoms of acid
indigestion, and that its formula was originated or used by a
European specialist.

S. Grover Graham Co., Inc., also stipulates that it will cease
advertising that the product “Graham’s Butternut Pills” consists
of a vegetable ingredient, without disclosing that it contains only
the extract from a vegetable, and that it will discontinue represent¬
ing that the product is a tonic, or is a remedy for any disease
or dysfunction or for habitual constipation, headache, bibliousness,
and all disorders arising from the inactivity of the liver or
torpidity of the bowels. (02775-02781)

Kepiier-Sfott Slioc Co., a manufacturer, agrees to cease em¬
ploying the word "Doctor” or the abbreviation “Dr.” in connec¬
tion with a name or with any other words as a trade name, brand
or designation for its products so as to imply that they are made
in accordance with the design or under the supervision of a
physician and contain special scientific or orthopedic features which
are the result of medical determination or services. According to
the stipulation, the respondent corporation caused the words “Dr.
Luther Nature Shape” to be stamped on the soles of the shoes
and printed on the cartons when in fact the shoes so marked
were neither made under the supervision of a physician nor did
they contain special scientific or orthopedic features. (3072).

EleaiKtr II. Mack, trading as Mack Brothers Products, Hillcrest
Station, San Diego, Calif., entered into a stipulation to cease using
the word “Resuscitator” as a part of the brand name for the
cosmetic preparation “Revel No. 9 Resuscitator Oil”; from other¬
wise representing that the use of this product restores life or
the appearance of youth to skin, and to cease employing the
phrase “Pore Cleansing” as a part of the brand name of “Revel
No. 1 Pore Cleansing” or from otherwise representing that it
will remove all foreign matter from the pores. The respondent
also agrees to desist from representing that “Revel No. 6 Lipid
Cream” is of any appreciable benefit in the treatment of aged
or creepy skin, and that “Revel No. 16 Mouth Creme” is of
value in treating bleeding or receding gums. (02777)

iManniiig, Dovvnian & Co., Meriden, Conn., distributor of elec¬
trical appliances including heat pads, stipulated that it will cease
employing the words “Three Heats” or “3 Heat Pad,” “Three
Degrees of Warmth,” or “Low, Medium and High Heats,” implying
that its electrical heating pads are capable of maintaining three
distinct temperatures. (3083)

Charles Meis Shoe Manufacturing Co., which makes women’s
shoes at its factory at Lebanon, Ohio, agrees to cease employing
the word “Doctor” or the abbreviation “Dr.” or any simulation
of such abbreviation in connection with a name or with any other
words as a trade name, brand or designation for its products so
as to imply that they are made in accordance with the design or
under the supervision of a physician and contain special scientific
or orthopedic features which are the result of medical determina¬
tion or services. According to the stipulation, the respondent
corporation stamped certain shoes with brand names owned by its

April 25, 1941 — 383

customers, such as “Dr. Warren’s Scientific Arch Support” and
“Dr. Steward Arch Support Combination Last,” and also em¬
ployed other brand names in connection with the abbreviation
“Dr.”, when in fact shoes so marked were neither made under
the supervision of a physician nor did they contain special scientific
or orthopedic features. (3066)

Miko Coinpany — Fred Miller, trading as The Miko Co., 2521
Thirty-first Ave., Long Island City, N. Y., has entered into a
stipulation to cease advertising that “Circulin Garlic Pearls” are
rich in body-building materials such as manganese, sodium, cal¬
cium, iodine and phosphates; that they have value in relieving
symptoms of nervousness, dizziness and tiredness in excess of
temporarily relieving such symptoms when associated with high
blood pressure, and that they are effective in treating coughs,
bronchitis or bronchial asthma. (02771)

Newby, I’eroii & Fliteraf't, Iiic., 222 West Adams St., Chicago,
an advertising agency, stipulated that in advertisements which it
disseminates on behalf of Albert Laboratories, Inc., Chicago, con¬
cerning that corporation’s preparation “Respirine,” it will cease
representing that product as comprising a competent treatment
or effective remedy for asthma, bronchial coughs or bronchitis,
or as doing any more with respect to these conditions than afford¬
ing some temporary relief from the accompanying symptoms. The
respondent agency also agrees to cease representing that the prepa¬
ration relieves symptoms accompanying hay fever; that it promotes
healing, and that it is unique or distinctly new or represents a
discovery. (02780)

Nix Cosmetics Company — Trading as The Nix Cosmetics Co.,
P. Edwards, of Memphis, Tenn., stipulated that he will cease
advertising that “Nix Bleach Cream” affects the skin in a new
way, or in a way different from that of other preparations; that
he will desist from representing, by use of a headline or other¬
wise, that any girls are “wanted” for sales work, and that he will
cease otherwise representing or implving that he has employment
to offer. (02772)

Hecbst Shoe Maiuifacturing Co., 2367 North 29th St., Mil¬
waukee, and A. O. Keehn, T. C. L. Keehn and Leroy D. Keehn,
trading as Keehn Brothers, 219 West Monroe St., Chicago, shoe
wholesalers, stipulated to cease certain representations in the sale
of their products.

The respondents agree to cease employing the word “Doctor”
or the abbreviation “Dr.” in connection with a name or with any
other words as a trade name, brand or designation for their
products so as to imply that they are made in accordance with
the design of or under the supervision of a physician and contain
special scientific or orthopedic features which are the result of
medical determination or services.

The Herbst Shoe Manufacturing Co. also agrees to cease em¬
ploying the term “Official Physical Health Director” or similar
words which tend to convey the impression that shoes so referred
to contain special or scientific features sponsored by a director
of physical health.

According to the stipulations, the respondents in each case caused
certain of their shoes for bovs and girls to be branded as “Dr.
Cross’ Health Shoe.” (3076-3'077)

Hilly Metliciiml Prodiu-ts — Morris W. Hillinger, trading as
Hilly Medicinal Products, 2512 East Colorado St., Pasadena, Calif.,
has entered into a stipulation in which he agrees to discontinue
representing that “H R 5,” a medicinal preparation, constitutes
an effective treatment for the condition caused by excessive indul¬
gence in alcoholic liquors. The respondent further stipulates that
he will cease disseminating any advertisement which fails to reveal
that there is potential danger in the use of such preparation by
persons afflicted with organic heart trouble or high blood pres¬
sure and that it should not be used by such persons except upon
the advice of a physician. The stipulation provides, however,
that the advertisement need contain only a statement that the
preparation should be used only as directed on the label if and
v\hen such label either contains a statement warning of the con¬
sequences of the use of the product under certain conditions or

384 — April 25, 1941

specifically directs attention to a similar caution statement in the
accompanying labeling. (3065)

Palmer Bedding Co., 2300 Eighth St., Denver, Colo., manufac-
facturer of mattresses, box springs and bedding, entered into a
stipulation to cease certain representations in the sale of its
products.

The respondent corporation stipulates that it will cease repre¬
senting, by inference, implication or otherwise, that its products
are made of or contain all new material, when in fact they are
composed, either in whole or in part, of used or second-hand
materials, and that it will cease failing to clearly disclose that
such products are composed, either in whole or in part as the
case may be, of used or second-hand materials. (3068)

Reading Hosiery Mills, trading as Reading Hosiery Mills,
Joseph A. Kitzmiller, 8 South Tenth St., Reading, Pa., stipulated
that he will cease using the word “Mills” as part of his trade
name. According to the stipulation, the respondent does not own,
operate or control a factory in which his products are made. (3082)

Redolent Products Co., West Palm Beach, Fla., stipulated that
it will cease disseminating advertisements which tend to convey
the impression that the local application of its product “Cur-A-
Ped,” a foot treatment, would have therapeutic effects other than
those resulting from the preparation’s analgesic properties, or that
it would be of significant value in destroying the deep burrowing
fungi or ringworm or have value other than as a rubefacient or
emollient to afford temporary relief for tired, aching, burning,
itching, tender, perspiring feet, and sore, cracked, inflamed toes
or to overcome superficial infection of athlete’s foot. The re¬
spondent corporation also agrees to desist from representing that
such specific bodily ailments as acute rheumatic fever, Bright’s
disease, diabetes, cirrhosis of the liver, and other ailments are
attributable to bad feet, or that treatment of foot disorders will
correct such ailments. (3067)

Reqna .Mannfaftiiring Co., Ine., 1193 Atlantic Ave., Brooklyn,
manufacturer of proprietary preparations, entered into a stipula¬
tion in which it agrees to cease representing that the use of its
unguent product called “Requa’s Oil for the Ear” will result in
immediate relief for stuffed-up ears; will cause wax accumula¬
tions in the ear to quickly dissolve or almost instantly soften ;
will do away with ear discomforts which may result in permanent
deafness, or will be of any appreciable value as a massage oil for
muscular pains and congestion when applied to skin surfaces, as
the neck or chest. The respondent further stipulates that it will
desist from representing that irritations of the outer ear result
from head colds. (3063)

Schwartz & Ben.janiiii, Iiic. — Three shoe manufacturing cor¬
porations have entered into stipulations to cease and desist from
certain representations in the sale of their products. The respond¬
ents are Schwartz & Benjamin, Inc., 842 Broadway, New York;
Charles Meis Shoe Manufacturing Co., 312 Vine St., Cincinnati,
and J. M. Connell Shoe Co., Inc., South Braintree, Mass.

Each of the respondents Schwartz & Benjamin, Inc., which manu¬
factures women’s shoes, and J. M. Connell Shoe Co., Inc., which
makes shoes for men, women and children, stipulates that it will
cease using the word “Alligator” or other similar word to describe
shoes not made from alligator hide, provided that the word “Alli¬
gator” may be used to describe the finish of shoes which are made
from materials other than alligator leather and are finished or
embossed to resemble it, when this word is immediately accom¬
panied by other words clearly indicating that the designation
refers only to the pattern embossed on such materials. The J. M.
Connell Shoe Co. stipulation applied to shoes “or any part
thereof”. (3064 and 3069)

Selby Shoe C'o., Portsmouth, Ohio, and Kepner-Scott Shoe Co.,
Orwigsburg, Pa., have entered into stipulations to cease and desist
from certain representations in the sale of their products.

Selby Shoe Co., a manufacturer of women’s shoes, stipulates
that it will cease using the word “Alligator” or other similar word

to describe shoes not made from alligator hide, provided that the
word “Alligator” may be used to describe the finish of shoes
which are made from materials other than alligator leather and
are finished or embossed to resemble it, when this word is im¬
mediately accompanied by other words clearly indicating that the
designation refers only to the pattern embossed on such materials.
(3070)

Standard Products Company — Parisis J. Gerogian, trading as
Standard Products Co., 102-104 Commercial St., Boston, has
entered into a stipulation in which he agrees to cease advertising
that “Gloria Pure Olive Oil (Agorelaion)”, a food product, will
be of appreciable benefit in preventing or remedying a lack of
appetite; that this olive oil contains all of the vitamins or ap¬
preciable quantities of any of them, and that use of the prepara¬
tion will insure good health. (02774)

Superior Hatchery — Mary Booth Powell, trading as Superior
Hatchery, Windsor, Mo., has entered into a stipulation to cease
representing that she is a “U. S. Record of Performance” poultry
breeder ; that she operates a poultry breeding plant under the super¬
vision of an official State agency supervising U. S. R. O. P. work
or that her chicks are R. O. P. chicks, until such time as she shall
in fact become a “U. S. Record of Performance” poultry breeder
and be entitled properly to represent chicks as being U. S, R. O. P.
chicks in accordance with provisions of The National Poultry
Improvement Plan. The respondent further stipulates that she
will cease employing the words “Ozone Conditioned” or “Ozone-
Vitalized” or any representation the effect of which tends to
convey the impression that chicks subjected to an ozone machine
thereby acquire strength, health or livability. (3071)

Janies J. Walker, Jr., 3614 Calumet Ave., Chicago, stipulated
that he will cease advertising that “Walker’s Famous Tooth
Powder” stops receding or bleeding gums, makes gums firm or
sound or heals them, tightens loose teeth, or makes the teeth
white. The respondent also stipulates that he will desist from

representing that millions of people use Walker’s Famous Tooth
Powder, when such is not a fact. (02773)

FTC CASES DISMISSED

The Federal Trade Commission dismissed its case against Na¬
tional Capital Ice Institute, Washington, D. C., seven of its officers
and directors and five member companies, without prejudice to
its right to take other or further action in accordance with its
regular procedure whenever facts shall so warrant. The respond¬
ents had been charged with a combination to fix and maintain
uniform minimum prices to be exacted by them from purchasers
of ice.

Besides National Capital Ice Institute, other respondents in the
case were Harry Hammond, institute president; William A. Brooks
and Migiel J. Uline, vice presidents; James P. Ehrman, executive
manager; Morris W. Bennett, Edward J. Smith and M. E. Thomp¬
son, directors; M. J. Uline Co., American Ice Co., Christian
Heurich Brewing Co., and Consolidated Terminal Corporation,
all of Washington, and Mutual Ice Co., Alexandria, Va.

The Commission’s dismissal order recites that it appears from
a supplemental investigation that, subsequent to the conclusion of
the Commission’s original investigation in the case, but before its
complaint had issued, the National Capital Ice Institute, which was
the central agency through which the complained of acts and
practices were set in motion and directed, closed its office, dis¬
charged its officers and employees, and ceased to function or
operate.

The dismissal order further recites that it appears no resumption
of the association’s activities has occurred up to this time, and
that since some time prior to such cessation of activities and opera¬
tion and up to the present time there has been substantial and
sharp competition between and among the respondents.

The Commission also announced its dismissal of a complaint
charging Adolph Karl and Gertrude Karl, trading as A. & G. Karl
Co., Newark, N. J., with certain representations in the sale of
“Never Break,” a cosmetic for the fingernails.

The Commission dismissed a complaint charging J. O. Davies,
trading as Baby Touch Hair Remover Co., St. Louis, with cer¬
tain representations in the sale of a hair removing device.

April 25, 1941 — 385

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1626 K STREET, N. W.

WASHINGTON, D. C.

Vol. 9, No. 18, May 2, 1941

ASCAP

ASCAP has submitted a proposal to the stations of
the Mutual Broadcasting System, details of which were
not available for this issue of the NAB Reports. They
will appear in an early issue.

Neville Miller sent the following telegram to all mem¬
ber stations on Thursday, May 1 :

WEDNESDAY

Morning
10 o’clock
Afternoon

Evening

Breakfast — Round Tables.

Music Situation — BMI-ASCAP, etc.

Music Situation continued, Insurance
Committee, Recording Standards,
Daylight Saving Time.

Open Meeting on Facsimile, Tele¬
vision, FM and International Broad¬
casting.

THURSDAY

“In order to enable NAB members to comprehend
effect of Mutual-ASCAP proposal a factual analysis is
being made. This will be transmitted to stations in
time to be available for consideration at convention.
Regards.”

Convention Program

MONDAY

Morning
10 o’clock

Luncheon

Afternoon

7:30 P. M.

Breakfast — Round Tables.

Unit Volume, Code, Radio Advertis¬
ing — Col. Chevalier, speaker.

Mark Ethridge, speaker.

Labor and other industry problems,
election of Directors, selection of
Convention city, report of Resolu¬
tions Committee, etc.

Annual Banquet.

FRIDAY

Morning NAB Board meeting.

Morning Meeting of various committees.

Afternoon Golf Tournament.

Night NAB Board meeting.

(Registration all day.)

TUESDAY

Morning
10 o’clock

Luncheon

Afternoon

Opening of Convention and round
table on National Defense. Speakers:
Chairman Fly, General Richardson,
Commander Thurber Lowell Mellett.
Speech by Vice President Wallace.
Meetings of IRNA, Independents,
Clear Channels, Regionals, Local
Stations, Sales Managers.

With each day there comes new evidence that the
Nineteenth Annual NAB Convention, to be held in St.
Louis, May 12-15, will be a most successful one.

.Already reservations for accommodations at St. Louis
hotels involve between six and seven hundred persons.
Last year at San Francisco, when the attendance reached
an all-time high of just under seven hundred registra¬
tions, the advance reservations were less than half those
now on file with the NAB Housing Committee.

The New Hotel Jefferson, which is to serve as Con¬
vention headquarters, is booked to capacity, but within

(Continued on page 388)

You Can’t Afford to Miss the NAB Convention

May 12, 13, 14, 15

New Jefferson Hotel St. Louis

May 2, 1941 — 387

1626 K Si., N. W.

WASHINGTON

Phone NAtional 2080

Neville Miller, President C. E. Arney, Jr., Assistant to President

Edward M. Kirby, Director of Public Relations; Joseph L. Miller,
Director of Labor Relations ; Frank E. Pellegrin, Director of
Broadcast Advertising ; Paul F. Peter, Director of Research;
Russell P. Place, Counsel; Lynne C. Smeby, Director of Engineering

CONVENTION PROGRAM
(Continued from page 387)

easy distance are the Statler, the Lennox, the ]\Iayfair,
the De Soto, all of which are in a position to accept
additional reservations for almost any type of accom¬
modation desired. Further removed are the Chase, Park
Plaza and Coronado which offer attractive accommoda¬
tions. The hotel facilities at St. Louis are adequate to
accommodate all who may desire to come.

The NAB Convention Program Committee, composed
of J. H. Ryan, WSPD, George H. Norton, Jr., WAVE,
and Herbert Hollister, KANS, has put together a busi¬
ness program which promises to hold the interest of all
attending. It comprehends the presentation of subjects
of vital concern to all broadcasters as well as to those
concerned with radio.

Vice President Henry A. Wallace heads the list of
speakers. He will address the Tuesday noon luncheon
session and his talk will be broadcast to the nation on all
the networks. The Thursday noon luncheon is to be an
executive session at which Mark Ethridge, WHAS, former
President of NAB, will discuss in a most intimate man¬
ner the problems and responsibilities of the industry.

The opening business session on Tuesday morning
will consist of a panel discussion of the Relation of Radio
to the National Defense. Eederal Communications Com¬
mission Chairman James Lawrence Ely, General Robert
C. Richardson, Public Relations Director of the Army,
Lowell IMellett, Special Assistant to President Roosevelt
in coordinating the national defense effort, and Com¬
mander H. R. Thurber, FInited States Navy, will all
speak.

Music, which has been a topic of paramount interest
to the radio industry, will occupy the center of the stage
on Wednesday. Neville Miller, President of Broadcast
Music, Tnc., Sydney Kaye, Vice President and General
Counsel, Merritt Thompkins, General IManagcr, and Carl
Haverlin will outline developments and an open discus¬
sion will feature the program. At the afternoon session
Universal Daylight Saving will be given an airing and
tlie problem of uniform standards for recording will be
discussed.

Thursday morning’s session will be devoted to the
commercial aspects of radio. Colonel Willard Chevalier,
Publisher of Business W eek and one of the nation’s out¬
standing authorities of advertising, will sound the key¬
note. E. Y. Flannigan, WSPD, Chairman of NAB’s
Sales Manager’s Division, and Frank Pellegrin, Director
of the NAB Department of Broadcast Advertising, will
present brief talks. William Scripps, WWJ, Chairman
of the Research Committee, and Paul Peter, NAB Direc¬
tor of Research, will present the Unit Plan of Volume
IMeasurement and its relation to commercial radio. Edgar
Bill, Chairman of the Code Compliance Committee, will
discuss the commercial aspects of the Code.

Following the Thursday noon luncheon there will be
a panel discussion of “Labor” with Samuel Rosenbaum,
WFIL, and Joseph L. Miller, NAB Labor Relations
Director, participating. Then will follow the election
of Directors-at-large and the advisory vote on the Con¬
vention site for the 1942 Convention.

The banquet will be held in the spacious Gold Room
of the Jefferson. Through the combined efforts of the
production departments of the networks a variety show
of unusual merit is assured. Adolph Opfinger, MBS,
Clarence Menser, NBC, and Doug Coulter, CBS, form
the committee, which is directing the activity of Nat
Abrahamson, WOR, who is assembling the talent. It
promises to be a snappy, entertaining offering.

Group breakfast sessions will offer those attending a
wide variety of choice of sessions in which topics of
peculiar interest to them will be discussed.

The wives of the St. Louis broadcasters are preparing
a most interesting program of entertainment for the
ladies who will be in attendance.

,411 in all this nineteenth annual meeting gives promise
of being the biggest session in every way of the broad¬
casting industry.

GOING BY TRAIN

Here is an abbreviated timetable for some of the prin¬
cipal trains between eastern cities and St. Louis:

Baltimore & Ohio

Natl. Ltd. Diplomat

Lv. N. Y. (42nd St.) _ 1.05 p. m. 2.45 p. m.

Phila . 3.36 “ 5.14 “

“ Balt. (Mt. Royal)... 5.21 “ 7.05 “

“ Wash. . 6.30 “ 8.20 “

Ar. St. Louis . 1.12 “ 4.50 “

Chesapeake & Ohio

G. Wash. FFV

Lv. Washington . 6.01 p. m. 11.00 p. m.

" Richmond . 5.30 “ 10.35

" Charlottesville, Va. . . 8.35 “ -

Ar. St. Louis . 3. 35 “ 10.58 “

Pennsylvania

St. Louisan Spirit of St. L. American

Lv X V . J .45 p. m. 5.45 p. m. 8.35 p. m.

“ North Phila . 3.04 “ 7.09 “ 10.02 “

“ Washington . 1.50 “ 5.45 “ 8.30 “

“ Baltimore . 2.35 “ 6.30 “ 9.17 “

" Pittsburgh . 9.51 “ 1.53 a. m. _

Ar. St. Louis . 8.40 a. m. 12.50 p. m. 4.45 ‘

(All departure lime shown is Eastern Standard add an hour for “daylight”)

388 — -May 2, 1941

Labor

TECHNICIANS NOT “PROFESSIONAL”

Radio technicians, as a group, are not professional
employees within the meaning of the Wage and Hour
Act, and thus cannot be exempt, as a group, from the
act’s overtime provisions.

This was the opinion of Harold Stein, Wage and Hour
Division attorney after a field trip and conferences with
Joseph L. Miller, NAB labor relations director, and Lynne
Smeby, director of engineering.

Chief engineers and supervisors may be exempt as
executives, depending upon their duties, Mr. Stein said.
Both educational requirements and duties led him to
believe, however, that all technicians, as a group, could
not be called professionals.

Mr. Stein and the NAB representatives visited studios
and transmitters of a clear channel, regional and local
station in Washington, and thoroughly canvassed the
whole problem.

SALESMEN— WRITERS— ANNOUNCERS

Joseph L. Miller, NAB labor relations director, ad¬
dressed the following letter this week to the Wage and
Hour Division regarding the classification of salesmen-
writers-announcers :

A question has arisen in the broadcasting industry in connection
with Section 641.5(B) of the Wage and Hour Division’s Rules and
Regulations.

In many radio stations, especially smaller ones, time salesmen
frequently prepare (write) the commercial “copy” for use in the
programs which they have sold. We consider this work “incidental
to and in conjunction with the employee’s own outside sales or
solicitations.” Are we correct in this assumption ? These salesmen
are undoubtedly “outside salesmen” within the meaning of the
definition in all other respects. It may throw some further light
on the question to point out that the writing done by these out¬
side salesmen is of the same type as that done by other employees,
many of whom are classified as “professionals” and all of whom
would be classified as professionals if they met the salary qualifi¬
cation.

The second question carries the first a step further. Some outside
salesmen not only write some of their “copy” but announce the
programs they sell, reading this “copy” which they have prepared.
This is especially true in the case of numerous stations which
devote some or most of their time to foreign language programs.

A small station, for instance, in a community which has a large
Polish speaking group will engage a Polish speaking salesman.
He may have perhaps one hour a day for a Polish music program
sponsored by a group of merchants catering to the Polish speaking
population. He sells, writes, and announces these “participating”
commercials.

We certainly would appreciate your opinion on these questions
as soon as possible. If any further information is needed, please
do not hesitate to call on me.

REGULAR HOURLY RATE

An empolyee regularly works 40 hours a week for
$20. Monday he gets a day (8 hours) off, sick leave.
The employer’s policy is not to dock employees for sick

leave. Saturday, the employee’s normal day off, he works
10 hours. How much does he have coming?

The Wage and Hour Division says $25.50 (40 hours at
the regular rate, eight more hours at the regular rate,
two hours at time and one-half). In other words, the
Wage and Hour Division considers payment for sick
leave as a “gift” and not a part of wages. Hence, the
regular hourly rate is not changed by payment for sick
leave, holidays, vacations, etc.

DISCRIMINATION

The Supreme Court upheld the Labor Relations Board
this week in its contention that refusal to hire a man
because of his union affiliation or activity constituted
violation of the Wagner Act.

The court also held that the employer was liable for
the man’s salary or wages from the time he was refused
employment on that ground until he was employed.

In other words, if an employer is found by the labor
board to have refused employment to a union member
jtist because he was a union member, then the employer
is liable for the pay the union member would have received
if he had been hired.

Alaking or helping to make a “black list,” it might
follow, might be held to constitute conspiracy.

COST OF LIVING

The American Federation of Labor had the following
to say this week about cost of living prices:

Memories of the last war remind us that there may be no stop¬
ping a runaway price rise. Prices started upward slowly in 1915;
the rise gathered speed in 1916 and 1917, swept onward in 1918
and could not be checked until two years after the war. When
prices finally reached a peak in 1920, cost of living was more than
double its prewar level. The collapse which followed brought a
severe depression.

Fear of such price inflation led the President to set up the Office
of Price Administration and Civilian Supply. This new agency
has the task of stopping price increases before they go too far.
It will work closely with the Division of Purchases for 0PM,
which buys supplies for the Army and Navy. By refusing to buy
any article where the price is too high, these agencies can bring
enormous pressure on anyone raising prices unduly. For they buy
in huge quantities practically every kind of goods where shortages
and price increases are likely to develop.

With the Price Administration to check runaway prices, experts do
not expect any important general cost of living increase in the near
future. They expect no more than a very gradual rise in prices.
The chart below shows that, according to government figures,
living costs in March 1941 were only 1% above the last quarter
of 1939, and less than iyS% above March 1940. Nevertheless,
workers who go out to buy find prices up in many lines. Silks
are up 9% since prewar days, woolens up 6J/2%, blankets 14%,
furniture 10J4%, foods almost 5%. Since last fall, dry goods and
home furnishings are up 5%; men's suits may cost $2.50 to $5.00
more in the near future. In clothing, lower quality material is being
substituted to avoid price increases, and workers find a hidden loss.
These things do not appear in the living cost index because they
are outweighed by other items such as staple foods and some rents,
which have not risen.

May 2, 1941 — 389

COOPERATION BEING RECEIVED

Cooperation to date from stations queried in a general
mailing last week by the Department of Broadcast Ad¬
vertising has been extremely encouraging.

The mailing advised stations of the aims and policies
of this new Department; included samples of the new
standard form for success stories, and asked that current
and future station promotion pieces and success stories
be sent here to establish a national clearing house and
centralized hies upon which all NAB members may draw.

Any station that has not yet mailed its return-card is
cordially invited to do so promptly, so that the record
may be completed before the NAB convention.

A considerable task lies ahead in assembling and editing
all material for duplication on our standard forms, but
this is being attacked with as much dispatch as possible
and stations will soon have a wealth of success story sales
ammunition to draw upon.

TO 4-A CONVENTION

NAB will be represented at the annual convention of
the American y\ssociation of Advertising Agencies Alay
2-3 by Paul F. Peter, Director of Research, and Frank
E. Pellegrin, Director of Broadcast Advertising. Matters
discussed will be routed to the proper NAB committees
for discussion at the NAB convention.

AFA PARTICIPATION PLANNED

Radio will occupy one of the most prominent places
it has ever held on a convention program of the Adver¬
tising Federation of America, when that body meets in
Boston May 25-29.

As published in last week’s Reports, the Boston sta¬
tions and networks will furnish topflight entertainment for
the cabaret party Tuesday night, and the highlight of
the Wednesday luncheon program will be an international
conversation via short wave radio between the presidents
of the American and British Advertising federations.

Radio’s group meeting Wednesday morning will be
presided over by Robert Peare, Advertising iNIanager of
the General Electric Co., prominent in AFA circles.
Invitations have been extended by the NAB Department
of Broadcast Advertising to two nationally known
speakers, and their acceptances are awaited. Finally,
Russell Place, NAB Counsel, and Frank E. Pellegrin,
Director of Broadcast Advertising, will conduct a frank
discussion of problems and issues, and report on action

taken at the NAB convention, as well as at the 4-A meet¬
ing, as they relate to commercial broadcasting. All radio
men who can are urged to attend.

NATIONAL DEFENSE BOND CAMPAIGN

Radio stations are being asked to plug the sale of
National Defense bonds on a free-time basis, as a meas¬
ure of cooperation with the United States government.
This cooperation has been freely given throughout the
nation in very creditable fashion, and is deeply appre¬
ciated by government officials in Washington. Thus far
sufficient funds have not been appropriated to enable
the Treasury Department to pay for advertising in any
media, but NAB is assured that in the remote event that
an advertising fund is made available, radio will receive
its proper share.

MOTION PICTURE PLUGS REQUESTED

An unwarranted effort to capitalize on radio’s desire
to cooperate in the national defense movement is reported
by NAB members, whereby commercial motion picture
exhibitors who have scheduled the film “I Wanted Wings”
are working through recrutiing offices to secure free radio
advertising.

The picture, made in cooperation with the Army Air
Corps, encourages the enrollment of aviation cadets.
Motion picture operators are sometimes successful in per¬
suading zealous recruiting officers to approach radio sta¬
tions with the statement that “this recruiting office has
been directed by the War Department to cooperate in
publicity for this picture. ... I am taking the liberty
of sending you spot announcements, etc. . . .”

One appropriate answer contributed by a NAB member
was to the effect that “We are quite anxious to cooperate
with your office in every possible way and if any of the
theaters in this territory will arrange to give free show¬
ings of this motion picture, we shall gladly do everything
that we can to stimulate attendance.”

We wish to repeat that NAB is working in closest
harmony with national defense officials in Washington,
and all worthy requests for radio’s cooperation are being
reported to member stations. Independent requests from
scattered interested sources need place no station manager
in the position of feeling that he is not cooperating ade¬
quately, and no qualms need be felt about declining such
requests.

CIRCUS SEASON BEGINS

As reported in Editor & Publisher, Ringling Bros, and
Barnum & Bailey Combined Shows will spend about
$350,000 in newspaper advertising this j^ear, according
to circus executives.

390 — May 2. 1941

Roland Butler, general press representative, wrote
ANPA: “We are convinced that newspapers are doing
an excellent job for us. Advance sales, which generally
amount to as much as $3,500 per stand, are mentioned
only in newspaper ads. It’s also a fact that the steady
gains we’ve enjoyed since 1929 have been recorded in
years w'hen our newspaper expenditures have likewise
been steadily increased. ...”

As the circus rolls this year, it’s certain that radio
stations everywhere will be asked to broadcast sustaining
special-events programs, plugging the circus and covering
such activities as the arrival and unloading, the parade,
erection of the big top, etc., as well as interviews with
star performers.

Usually, when asked to purchase this time, the radio
advance contact man states that he has no authority to
place orders for commercial advertising, but that in a
few days he will be followed by an advertising man, and
that evidence of cooperation on the part of stations will
have a bearing, etc.

Circuses and other traveling shows will begin to use
radio widely on a commercial basis, it is believed, only
after stations have presented a united front for one season
or two by discouraging the free-time abuse for disguised
commercials. It took the newspaper industry many years
to convert the circus press agent to the purchase of space,
backed up by publicity; radio stations can accelerate the
process by profiting from the newspapers’ example.

iNIeantime, any success stories you may have showing
an effective job done by your station on behalf of cir¬
cuses or any other amusement enterprises using Com¬
mercial time, will be welcomed as a valuable contribution
by the NAB Department of Broadcast Advertising as it
prepares radio’s case for presentation to circus executives.

PER-INQUIRY EFFORT CONTINUES

The Rogers & Smith advertising agency of Dallas,
Tex., continues to seek per-inquiry deals from radio sta¬
tions on behalf of an unnamed nursery account. Al¬
though previously advised that it is not the policy of
NAB member stations to do business on this basis, a
recent letter from the agency to a station states that
“eleven stations thus far have accepted it on a contingent
basis. . . . All matters pertaining to any agreement that
we may reach will be held in strictest confidence. . . .”

N.^B is of the opinion that legitimate and ethical ad¬
vertising can be carried on freely and above-board, both
by the advertiser and the medium. An inference might
be drawn that a more favorable deal can be secured by
one station than by others. Indeed, NAB has positive
proof that in a similar per-inquiry case, reported twice
previously in Reports, one station received 33^^ per
cent while others, accepting the “standard” offer, re¬
ceived only 20 per cent. “Strictest confidence” was prom¬

ised by that advertiser likewise, but nevertheless full
details were quickly uncovered by an N.\B investigation.

ESPERANTO REQUESTS TIME

For information of NAB members who have been ap¬
proached for free time by Esperanto clubs, and who have
requested data on the headcpiarters office of this organiza¬
tion in Washington, the Department of Broadcast Adver¬
tising finds that the Esperanto Association of North
.\merica operates a one-man office here, managed on a
part-time volunteer basis by Joseph Leahy, who says the
association “has no money.” Some financial support
comes through subscriptions to an Esperanto newspaper.

The association exists to promote the study of Esper¬
anto, designed as an international language, to promote
international understanding and goodwill. Study of the
language was widespread in Europe before the war, and
continues in South America. In Brazil, for e.xample,
the subject is required in public schools, and official papers
are said to be printed both in Portuguese and Esperanto.
Never considered very important by large numbers in
the United States, Mr. Leahy says the association has
between 25,000 and 30,000 members here, with about
50 clubs now organized chiefly in principal cities.

Radio activity, he said, is confined to local effiorts by
these clubs, who prepare their own scripts with no special
assistance from the headquarters office. Whether stations
wish to accept these as sustaining programs lies wholly
within the discretion of each station, but caution is ad¬
vised because of the present world situation, and the
tendency of many listeners to regard with suspicion any
programs conducted in a language other than English.

SUCCESS STORIES NEEDED

To fill current requests from members, additional suc¬
cess stories, big or little, are urgently requested on these
topics :

Furniture Florists

Please send what you have to the Department of Broad¬
cast Advertising.

TRADE SCHOOL WANTS DEALS

The Electronic Radio-Television Institute, of Omaha,
Neb., is reported to be seeking cost-per-inquiry deals.
Their letter states, however, “if your policy does not
allow a per lead basis, send us a schedule of your rates.
. . .” They are being advised that the best interests of
advertisers and stations are served by adherence to pub¬
lished rates. Caution should also be exercised in accept¬
ing their statement that “Our school is the oldest school
in this locality, and so far as we know, is the only school
which has been given a high recommendation by govern-

May 2, 1941 — 391

ment authorities for the purpose of training radio opera¬
tors and engineers in the armed forces.” This statement
is believed to be incorrect on both counts, and is being
investigated by NAB.

BMI

KAYE STAYS AT BMI

Sydney M. Kaye, BMTs First Vice President and
General Counsel, denied the report contained in Variety
to the effect that he was giving up his active participation
in B1\II. Mr. Kaye said;

“My law firm and I have been associated with Judge Thomas
D. Thacher in the [rreparation of the case of newspaper-radio
stations and presentation of it to the Federal Communications
Commission. The fact that I have undertaken this additional
legal work does not in any way mean that I am going to give
up my active participation in BMI. The major work of organiza¬
tion of BMI has been accomplished, and this, of necessity, reduces
the volume of work which I must personally do. I regard BMI
as a continued responsibility and I intend to give to BMI all of
the time that it needs.”

NEW HIT

BIMT announces the acejuisition of the sensational hit
of the West Coast, “Hut Sut Song,” through an agree¬
ment with the Schumann Music Company of Los Angeles.
Both BMTs Los Angeles and New York offices regard
the song as a number one potential.

HEMISPHERIC SOLIDARITY

Music Week, which runs from May 3 to May 10, will be
featured by the performance of the native compositions of both
North America and South America, which calls for rejoicing by
BMI not to mention E. B. Marks and Peer International. In
addition to the very well known frenesi, Perfidia, and Amapola,
several Latin-American compositions with English lyrics are now
widely heard on the air. .Among them are Two Hearts That Pass
it! the Night, Yours, Maria Elena, Rendezvous in Rio by Alberto
Dominquez, Green Eyes, and Dawn (Divina Mujer). Among the
native .American tunemakers. Sheriff Jimmy Davis of Shreveport,
La., is the Abou Ben Adem with You're My Sunshine, Worried
Mind, and It Makes No Difference. BMI will be host during the
week to groups associated with the music industry who have
expressed desires to get behind the scenes of a modern music
company.

BMI EXHIBIT AT THE NAB CONVENTION

In addition to its movie showing BMI in action, those attending
the N.AB Convention will see the evolution of My Sister and I
from the first penciled manuscript through the various changes
made — progress in the arranging anrl autographing departments,
recordings and transcriptions, and the application to it of the
new BMI “color cueing.” This application of two colors to
music printing is a revolutionary advance in music orchestration
and has met such enthusiastic reception by musicians that it
looks as if it will become a permanent feature in music printing.

Broadcasters will also have an opportunity to see how it was
possible for BMI to turn out in one week more music than the
entire music industry had produced in a month.

BMI FEATURE TUNES
May 5 - May 12

1. MY SISTER AND I

2. WALKIN’ BY THE RIVER

3. WISE OLD OWL

4. FRIENDLY TAVERN POLKA

5. G’BYE NOW

6. WHAT D’YA HEAR FROM YOUR HEART

7. HERE’S MY HEART

8. WITH A TWIST OF THE WRIST

9. TALKIN’ TO THE WIND

10. THE RELUCTANT DRAGON

BMI FEATURE TUNES

“Going Strong,” Billboard’s title for the leaders in record sales
and in coin machine popularity, aptly describes the position of
BMI published and BMI controlled tunes for the week ending
April 25. The music machine lists There’ll Be Some Changes Made,
It All Comes Back To Me Now, Amapola, Oh, Look At Me Now
and The Wise Old Owl in the first division, with Friendly Tavern
Polka, G’bye Now and Do I Worry “Coming Up.” The list of
best sellers in Billboard’s record buying guide includes the same
songs in the following order: Oh, Look At Me Now, Wise Old Owl,
There’ll Be Some Changes Made, It All Comes Back To Me Now
and Amapola. Among the possibilities listed as likely prospects
for music machine successes are Number 10, Lullaby Lane, Yours,
and Walkin’ by the River. Walkin’ by Una Mae Carlisle and
Bob Sour, it is predicted by Billboard, will become “an exceed¬
ingly profitable item for the bo.\es.” Amapola, the E. B. Marks
sensational revival, continues to lead all lists with the exception of
“songs with the most radio plugs,” where Do I Worry, which comes
to BMI through Melody Lane and Peer International, has reached
the top position. This torchy rhythm tune, written by two young
Hollywood writers, Stanley Cowan and Bobby Worth, has caught
hold in the past two weeks.

Fast Seller

My Sister And I is the fastest selling BMI song to date and the
first outstanding hit since / Hear A Rhapsody. No other BMI
song had attracted the same amount of sales five weeks after it
began selling. The success of Sister is stimulating sales of Walkin’
by the River, Wise Old Owl, Friendly Tavern Polka and G’bye
Now.

I Went Out of My Way

In contrast to the thousands of uninteresting songs that are sub¬
mitted to BMI, there appears every now and then a “natural.”
Of such was You Walk By, which despite necessary revisions in
construction, brought forth genuine enthusiasm from the BMI
Editorial Staff. Now comes a song, 7 Went Out Of My Way, by
Helen Bliss which is one of those songs that pleases both expert
and layman at the first hearing. BMI stopped the presses when
Miss Bliss came in with this tune anfl went to work to turn it
out in record time.

392 — May 2, 1941

Helen Bliss is a Cleveland girl, recently employed as a sales girl
in Macy’s Department Store in New York City, who came to the
big town about a year and a half ago determined to make her
way as a songwriter. She gives full credit to Benny Goodman for
launching her career as a songwriter. About two years ago, Benny
was playing at the Palace Theatre in Cleveland and Miss Bliss,
after hearing half a dozen of his performances, determined to meet
the great Goodman. Through the kind offices of Norman Siegel,
radio editor of the Cleveland Press, an appointment was arranged.
Goodman liked the song and took a piano copy with him to the
west coast. Some months later he played it on one of his com¬
mercial broadcasts from Hollywood and commented over the air
that the writer showed marked promise. That prediction was
enough to send Helen Bliss packing off to New York with another
song in her handbag. Regent Music Co., Benny Goodman’s own
publication firm, now clearing through BMI, accepted the song
Miss Bliss brought them but because of the intricate construction
of the tune, suggested Charley Hathaway, an arranger, as a col¬
laborator. That song turned out to be The Moon Won't Talk
which is gradually climbing into the ranks of best selling sheet
music and is a fast growing favorite in “juke” boxes all over the
country. Records of the song are finding ready sale, especially
those made by Benny Goodman, Bob Chester and Ginny Sims.
Bing Crosby has also featured the song in his broadcasts.

All of her songs were written without collaboration, as she finds
it more convenient to work that way.

“I first think of a title,” she says, “and then I pick out a tune
on the piano, after which I turn my attention to the lyrics. Some¬
times it takes me four or five weeks before I am satisfied that my
song is ready for submission to a publisher.”

Change of Name

The new Dr. Christian picture with 100'^, BMI songs will be
called They Meet Again instead of Interlude. There will be four
songs: When Love Is New, Make Believe Land of Dreams, Get
Alive, and The Rhythm Is Red, White and Blue. The BMI Pro¬
fessional Department will concentrate on When Love Is New,
written by Claude Sweeton and Jack Owens.

Opportunity Without Prejudice

In addition to popularizing Una Mae Carlisle’s tune, Walkin'
by the River, within a few w'eeks. Broadcast Music, Inc., has pro¬
moted the work of many other colored composers. There'll Be
Some Changes Made, a tune popular since 1929 with jazz and
swing enthusiasts climbed rapidly to popularity w'hen the name
bands began playing it after BMI made it available for broad¬
casting. Changes was written by Benton Overstreet, pianist, and
Billy Higgins, a comedian featured in many musical shows.
Higgins died five years ago at the age of sixty.

One of the earlier BMI tunes, widely heard now in restaurants
and hotels, w'as Don’t the Moon Look Pretty, by Leroy “Stuff”
Smith of I’se A’ Muggin’ fame. When “Stuff” first visited the
offices of BMI at 580 Fifth Avenue, he whistled the tune of Don’t
the Moon Look Pretty. Milton Rettenberg, Chief of the Editorial
Staff, liked the music, transferred it to the piano, and put the notes
on paper. “Stuff” is better knowm as an orchestra leader and
violinist than he is as a composer, but he scored a hit with his
BMI song.

Among the other composer-musicians to attract the attention of
BMI were Count Basie, whose Kansas City style band set the
nation a’ jumping, Lionel Hampton, vibraphone star extraordinary,
Fletcher “Smack” Henderson, one of the foremost arrangers of
modern American music and Cab Calloway the “King of Hi-
De-Ho.” The works of these four great musicians are made avail¬
able by BMI through an agreement with Regent Music.

Jimmie Lunceford signed a contract with BMI whereby all the
recordings of his music and his special orchestrations are available
for performance. He has his own publishing house and in an¬
nouncing his allegiance to Broadcast Music, Inc., said, “This con¬
tract ought to show what I think about BMI. The BMI way of
dealing with writers is the best thing that has happened to Ameri¬
can music.”

BMI has also published the highly interesting work of Sidney
Bechet the “young old man of jazz” who gained fame on two
continents in the early 20’s and 30’s. as a clarinetist and soprano
saxophonist. In 1919, when Bechet was touring Europe with the
Sam Wooding band, Amsemeret, the celebrated French critic,
went into a literary ectasy over the technique and virtuosity of
the young New Orleanian and called his performance “the greatest
thing since the Brandenburg Concert.” Sidney Bechet is not well
known by the radio public but BMI hopes that some day he will be.

Musical Boys and Girls

National Boys’ and Girls’ Week found BMI’s \'ice President
and General Manager, M, E, Tompkins, serving as chairman of
the Greater New York Committee which included Mayor La-
Guardia, Attorney General John J. Bennett, Theodore Roosevelt,
Bronx Borough President, J. J. Lyons and Manhattan Borough
President Stanley Isaacs. BMI shared the publicity with Benny
Goodman, Gene Krupa, with the Hotels Pennsylvania, New Yorker
and Governor Clinton, where the winners posed for pictures.
Music Day, Thursday. May 1st, w'as celebrated by a special visit
to BMI by the boys and girls showing outstanding promise in
music, selected from thirty-one children’s aid societies, boys’
athletic leagues, and allied youth movement groups. Mr. Tomp¬
kins acted as host and the visitors received the inside story of
the music business and how hits are made.

Miscellaneous

LIST “USO” RADIO COMMITTEE

Seventeen broadcast executives have accepted member¬
ship on the National Radio Committee of the United
Service Organizations for National Defense, headed by
NAB President Neville Miller.

Committee members are:

Edgar Bill, President, WMBD, Peoria

Burridge D, Butler, Chairman, KOY, Phoenix

Martin Campbell, Managing Director, WF.'K.A., Dallas

Roger W. Clipp, General Manager, WFIL, Philadelphia

Edwin V\’, Craig, President, WSM, Nashville

Roy L. Harlow, Vice President, Yankee Network

Jack R. Howard, President, Scripps Howard Radio, Inc.

Henry P. Johnston, General Manager, WSGN, Birmingham

Harold A. Lafount, WOV, New York

Howard Lane, McClatchy Radio Stations

Alfred J. McCosker, President, WOR, New York

Edwin C. Noble, President, WMCA, New York

William S. Paley, President, Columbia Broadcasting System

William J. Scripps, General Manager, WWJ, Detroit

Griff Thompson, Vice President, WBBC, Brooklyn

Niles Trammell, President, National Broadcasting Company

Lewis .‘Mien Weiss, V’ice President, Don Lee Broadcasting System

The “USO” is composed of the Young Alen’s Christian
.Association, The National Catholic Community Service,
the Salvation Army, the A'oung Women's Christian Asso-

May 2, 1941 — 393

ciation, the Jewish Welfare Board and the National
'I'ravelers Aid Association.

Thomas E. Dewey of New York is National Chairman
and Walter Hoving is President.

The campaign has the endorsement of President Roose¬
velt, Secretary of War Stimson, Secretary of the Navy
Knox, General George C. Marshall, Chief of Staff, as
well as leaders in all walks of life in the nation.

The $10,765,000 program is to provide service club
facilities and recreational activities in 339 locations ad¬
jacent to camps, naval stations and defense centers
throughout the Plnited States and its overseas bases.
The government will provide the buildings.

CHINA RELIEF SEEKS $5,000,000

The seven China relief agencies that heretofore have
been doing the bulk of Chinese relief and rehabilitation
now are combined in a united, nationwide campaign for
$5,000,000 under the name United China Relief.

United China Relief is registered with the State De¬
partment. Its campaign now is developing. It will in¬
clude recorded plays, statements by prominent people
and spot announcements which will be distributed to radio
stations for their entertainment and public service value
to American listeners.

James G. Blaine, president of the IMarine IMidland
Trust Company of New York, is chairman of United
China Relief. Directors include Pearl S. Buck, former
Ambassador William C. Bullitt, Paul G. Hoffman, Thomas
W. Lamont, Henry R. Luce, John D. Rockefeller, 3d,
Col. Theodore Roosevelt, Jr., David O. Selznick, President
Robert G. Sproul of the University of California and
Wendell L. Willkie.

In the course of its campaign. United China Relief
plans to make radio material available to station pro¬
gram managers both through local committees being
formed in key cities throughout the country and through
national headciuarters, 1790 Broadway, New York City.

FORUM PROGRAMS

The American Civil Liberties Union has asked the
NAB to supply it with a complete list of radio forums
dealing with local problems regularly broadcast. The
NAB would appreciate it if all stations carrying such
programs would send in their names and brief descriptions.

CHAMBER OF COMMERCE

In taking action on final resolution here at the annual
convention this week, the United States Chamber of
Commerce referred the radio broadcasting situation to
its Board of Directors for further consideration. The
study was asked for by an unnamed member organiza¬
tion of the United States Chamber as follows:

Radio Broadcasting, with a deciaration that the rapid Rrowth
in the use of radio for entertainment and educational purposes,

394 — May 2, 1941

as well as communications purposes, has made neecssary regula¬
tion to prevent disorder and interference in the use of the air.
The characteristics of radio render this essentially a problem for
federal rather than state control. Regulation of radio com¬
munication should not invade private management. It should be
based upon the principle that the interest of the listening public
is the paramount consideration in radio broadcasting. Other forms
of communication are primarily for the service of the sender,
but broadcasting serves the listener. No regulation should attempt
to force upon the public undesired program matter. Station own¬
ers, like newspapers and magazines, must be free to select and
edit their program material.

AGAINST BOOK COLLECTIONS

The advisability of a station endeavoring to collect
books and old magazines for the new Army was a ques¬
tion put to NAB this week.

The Army advised against such promotions. Officials
reported that experience indicates that only about ten
per cent of the books donated are suitable. Gift books
include everything from fairy stories to subversive litera¬
ture and grammars. The amount of time required for a
book promotion can be more effectively employed, from
both a service and civilian morale point of view, along
other directions, according to Army headquarters.

Definite suggestions are available to station managers
who write Ed Kirby, Radio Section, Bureau of Public
Relations, War Department, Washington, D. C.

CONTEST ON WJZ-BLUE

In connection with her weekly program, Alma Kitchell’s
Brief Case, over WJZ-Blue, Miss Kitchell is promoting
a letter writing contest. Writer of best letter on “How
Radio Helps Me to be a Better Prepared Citizen” gets
console radio on May 28.

WORKS WITH SERVICEMEN

Working toward a closer tie-up with radio servicemen
for mutual benefit, J. B. Conley, general manager of
WOWO-WGL, Fort Wayne, Ind., has made the studios
available to a local servicemen’s group for its monthly
meeting. An entire year’s program of meetings is being
worked out, featuring movies, lectures, and discussions.
The group held its first meeting April 25, with about 140
servicemen and “hams” in attendance. The tie-up can
be attributed directly to the cooperation between service¬
men and WOWO-WGL during the “Radio Movin’ Day”
promotion.

Legal

ASCAP CASES ARGUED

On Tuesday and Wednesday of this week the Nebraska
and Florida ASC.4P cases were argued before the Supreme
Court of the United States. William J. Hotz, Special
Assistant to the Attorney General of Nebraska, argued

for the Attorney General of Nebraska, and Lucien H.
Boggs of Jacksonville, Florida, and Tyrus A. Norwood,
Assistant Attorney General of Florida, made the oral
argument for the Attorney General of Florida. ASCAP
was represented by Judge Thomas J. Haight and Frank
Wideman.

In both cases ASCAP had secured an injunction against
enforcement of the state statutes declaring illegal monopo¬
lies and price-fixing combinations in the field of perform¬
ing rights. The specially constituted Federal court in
Nebraska had held the Nebraska statute unconstitutional;
a similar court in Florida had declared the 1937 Florida
statute and parts of the 1939 statute unconstitutional.
Appeals were taken to the Supreme Court. The last
opinion day scheduled is June 2.

COPYRIGHT AND LIBEL INSURANCE

The NAB Insurance Committee met in New York
Thursday to consider two plans of copyright and libel
insurance which have been submitted. It is expected
that their analysis and recommendations, if any, will be
released at or before the convention at St. Louis May 12.

FEDERAL LEGISLATION

HOUSE

H. R. 4521 (Kramer, D. -Calif.) COPYRIGHT — To amend sec¬
tion 64 of the copyright law (title 17, U. S. C.) so as to make
copies or reproductions of prints and labels available upon payment
of the required fee. Referred to Committee on Patents.

H. R. 4522 (Mrs. Rogers, R.-Mass.) DAYLIGHT SAVING— To
provide daylight saving between the last Sunday in March and the
last Sunday in October in each year. Referred to Committee on
Interstate and Foreign Commerce.

STATE LEGISLATION

Florida;

S. 268 (Whitaker, et al.). RECORDED MUSIC — Prevents
claims for additional compensation, fees or payment after sale, of
phonograph records or transcriptions of any form of recorded
music. Referred to Committee on Judiciary “C”.

S. 269 (Whitaker, et al.). R.ADIO DEFAMATION — Amends
Sec. 1, Chapter 19,616, Acts of 1939, relating to civil liabilities of
owners, licensees and operators of radio broadcasting stations for
radio defamation or libel statements. Referred to Committee on
Judiciary “C”.

Maine:

S. 567 (Majority of Committee of Conference). ADVERTIS¬
ING — To prevent fraudulent advertising.

Rhode Island:

H. 1055 (Kiernan). COPYRIGHTED MUSIC— Declaring to
be an unlawful monopoly and its purpose to be in restraint of
trade certain combinations of persons and corporations, and the
regulation thereof. Authors, composers, publishers and owners of
musical compositions prohibited from charging fees for copyrighted
music. Referred to Committee on Judiciary.

FEDERAL COMMUNICATiONS
COMMISSION

POLICY WITH RESPECT TO NEWSPAPERS

In keeping with FCC policy not to grant new applica¬
tions by newspaper interests for high frequency (FM)

broadcast facilities pending determination of the general
question of newspaper control of broadcast facilities, the
Commission is also placing in its pending files all applica¬
tions by newspaper interests for new standard broadcast
stations, as well as applications for transfer of control
of existing standard broadcast facilities to newspaper in¬
terests. Such action is intended to protect newspapers
from incurring substantial radio e.xpenditures prior to
the Commission’s fact-finding inquiry.

This supplemental action is in conformity with Order
No. 79, of March 20, vrhich provides that Commission
investigation and public hearing “shall also include con¬
sideration of statement of policy or rules, if any, which
should be issued concerning future acquisition of stand¬
ard broadcast stations by newspapers.” Date for this
hearing will be set in the near future.

In the case of standard broadcast stations already
licensed to newspaper interests, improvements in facilities
may be permitted if the proposed increase in service is
shown to be in the public interest, convenience and nec¬
essity, and in conformity with prescribed engineering
requirements.

“HEIL HITLER” STATION SEIZED

Search by the National Defense Operations Section of the Federal
Communications Commission for unauthorized radio transmission
which trespassed on Government frequencies and purported to be
in the service of “foreign agents” today culminated in the arrest at
Peoria, Illinois, of Charles W. Johnson, who identified himself as a
senior student in electrical engineering at a certain mid-western
institute. Johnson’s home revealed illegal equipment, which was
seized by a United States Marshall, and Johnson was charged with
violating Sections 301 and 318 of the Communications .\ct.

The monitoring stations in the Commission’s national defense
operations were originally enlisted to trace signals from an un¬
licensed radio station, the operator of w-hich called himself “Fritz”
and frequently concluded his transmissions w'ith “Heil, Hitler”. No
identifying call letters were used.

Listening-in procedure revealed this operator to have more than
average knowledge of certain codes and ciphers. In fact, he
claimed on the air to be a cryptographer for a signal unit in a
German army of occupation. His general procedure was to broad¬
cast that he was a foreign agent and to attempt to engage in com¬
munications between United States Government stations. In so
doing, he declared that he was relaying information from foreign
agents. On one occasion he implied that Government channels
would be “jammed” by high-powered radio stations being con¬
structed for that purpose. At another time he sent out a message
in cipher which, when decoded, proved to be in German and related
to certain foreign troop movements. In his transmissions “Fritz”
made effort to obtain military information.

The following excerpts are typical of “Fritz’s” communications:

“Staff plans are now' coming in, but they are very detailed and
long. Too much trouble to re-encipher again.

“Tell your cryptographer that this is a columnar position (Fritz
proceeded to transmit the cipher message).

“1 am a cryptographer. You must give me some information in
exchange for this stuff. Give me the location of (gave several LI. S.
Government station calls.)

"This station is now in hands of enemy. Your insolence will not
be tolerated by German troops. This station now in control of
German Signal Corps.

May 2, 1941 — 395

“Name here is Hans VonKeitel, Heil Hitler.

“I want your codes and ciphers. Give them to me or else we
will jam this net with big rig.

“You w’ill be in concentration camp, I am a cryptographer for
this signal unit in the German Army of Occupation.

“I am on the .^DMIR.^L SCHEER and never dock. (When
asked where he was located ‘Fritz’ said ‘Off coast of Madagas¬
car’.)’’

When the signals were first intercepted, there was no indication
of where “Fritz” was located. The task of hunting down his sta¬
tion involved the use of highly specialized equipment recently per¬
fected for the Commission’s national defense field forces. The
transmitter W'as finally traced to Johnson’s residence on North
Sheridan Road in Peoria. When the officers entered Johnson tried
to destroy his equipment but was prevented.

Besides having the close cooperation of various Federal agencies
in this ether hunt, the Commission’s field staff was personally as¬
sisted by United States Commissioner William H. Moore, United
States District Attorney Howard L. Doyle, United States Marshals
Eugene Ahernds and C. T. Curry, and Chief of Police Leo F.
Kamins of Peoria.

STATISTICAL YEARBOOK

Financial and operating data relating to common carriers and
broadcast stations subject to the provisions of the Communica¬
tions Act have been assembled in a single volume entitled “Sta¬
tistics of the Communications Industry in the Llnited States”,
which has just been placed on sale by the Superintendent of Docu¬
ments, Government Printing Office, Washington, D. C., at a price
of 25 cents a copy.

These statistics, compiled by the Accounting, Statistical and
Tariff Department of the Federal Communications Commission
from reports filed with the Commission, are being presented in
yearbook form for the first time. The initial volume covers the
year ended December 31, 1939.

The publication includes summary data, individual company
data and intercorporate relationships of telephone, telegraph, cable
and radiotelegraph carriers, and financial and operating data rela¬
tive to standard broadcast stations and networks.

The compilation replaces mimeographed material heretofore
issued at intervals and is augmented by statistical tables formerly
included in the Commission’s annual report to Congress.

PROCEDURE REVISED

The FCC announced that its procedure for examination of stand¬
ard broadcast, high frequency broadcast, international, and tele¬
vision radio applications by the staff departments has been further
revised with a view to more expeditious handling, extending the
principle of simultaneous consideration of applications announced
October 19, 1940 (mimeograph No. 44324).

Under the new procedure, applications falling within the above
classes will be required to be filed in triplicate instead of in dupli¬
cate as formerly. However, in the case of such applications desig¬
nated for hearing, applicants will no longer be required to ac¬
company their appearances with an additional copy of the appli¬
cation.

In all other respects, the procedure announced in the Commis¬
sion’s release of October 19, 1940, will be continued.

It is not the intention of this change in procedure (amending
Items d and / contained in Section 1.351, and Section 1.382(b) of
the Commission’s Rules of Practice and Procedure) to require filing
of additional engineering data, since three copies of maps and other
technical material are already furnished with broadcast applications.

STL BROADCAST RULES AMENDED

The Commission en banc on April 29 amended the rules, effective
immediately, governing STL (Studio Transmitter Link) broadcast
stations so as to provide for the utilization of stations in this service
by licensees of international broadcast stations.

Conforming with the Commission’s action, the amended rules
W’ill permit the holding of not more than two STL broadcast sta¬
tion licenses in connection with each license for an international
broadcast station.

RULE CHANGE

The Commission en banc today amended Section 1.351, items
d and /, and Section 1.382(b) of the Commission’s Rules of Prac¬
tice and Procedure, so as to require the furnishing by applicants
of three copies of standard broadcast, high frequency broadcast,
international, and television radio applications instead of duplicate
copies as heretofore.

The effective date of these amendments will be May 1, 1941.

ASSIGNMENTS

The FCC announces that the work, business and func¬
tions of the Commission for the month of May have been
assigned as follows:

Commissioner Wakefield; Designated to determine, order, re¬
port or otherw'ise act upon all
applications or requests for special
temporary standard broadcast au¬
thorizations.

Commissioner Craven: Designated to hear and determine,

order, certify, report or otherwise
act upon: (a) except as otherwise
ordered by the Commission, all mo¬
tions, petitions or matters in cases
designated for formal hearings, in¬
cluding all motions for further hear¬
ing, excepting motions and petitions
requesting final disposition of a case
on its merits, those having the nature
of an appeal to the Commission and
those requesting change or modifica¬
tion of a final order made by the
Commission ; irrovided, however,
that such matters shall be handled
in accordance with the provisions of
Sections 1.251 and 1.256, inclusive,
of the Commission’s Rules and Prac¬
tice and Procedure; (b) the designa¬
tion pursuant to the provisions of
Sections 1.231 to 1.232 of the Com-
misison’s Rules of Practice and Pro¬
cedure of officers, other than Com¬
missioners, to preside at hearings.

FEDERAL COMMUNICATEONS
COMMISSION DOCKET

Following broadcast hearings are scheduled to be heard
before the Commission during the week beginning Mon¬
day, May 5. They are subject to change.

Monday, May 5

KFJI — KFJI Broadcasters, Inc,, Klamath Falls, Ore. — C. P., 600
lie., 500 watts night, 1 KW LS.

395 — May 2, 1941

Tuesday, May 6

NEW — Wayne M. Nelson, Concord, N. C. — C. P., 1380 kc., 1 KW.
daytime.

Wednesday, May 7

KFNF — KFNF, Incorporated, Shenandoah, Iowa. — Renewal of li¬
cense, 890 kc., SOO watts night, 1 KW day, SH-KUSD.

FUTURE HEARINGS

During the past week the Commission has announced
the following future hearings and oral arguments in broad¬
cast cases. They are subject to change.

May 19

Hearing to be held in Pensacola, Florida, Beginning May 19 and

Continued Thereafter in Panama City, Florida and Ocala,

Florida, as Follows:

Pensacola, Florida, in Court Room, County Court Building.

Panama City, Florida, in Court Room, County Court House.

Ocala, Florida, in U. S. Court Room, 2nd Floor, U. S. Post

Office Bldg.

WTMC — Ocala Broadcasting Company, Inc., Ocala, Fla. — In the
matter of revocation of license of station.

WDLP — Panama City Broadcasting Company, Panama City, Fla.
— In the matter of revocation of license of station.

May 22

Oral Argument Before the Commission

NEW— Hobart Stephenson, Milton Edge, Edgar J. Korsmeyer, d/b
as Stephenson, Edge & Korsmeyer, Jacksonville, Ill. — C. P.,
1150 kc., 250 watts, daytime.

NEW— Helen L. Walton & Walter Bellatti, Jacksonville, Ill.—
C. P., 1150 kc., 250 watts, daytime.

May 23

KMLB — Liner’s Broadcasting Station, Inc., Monroe, La. — C. P..
1410 kc., 1 KW, unlimited, DA-night.

May 28

KRBC — Reporter Broadcasting Company, Abilene, Tex. — C. P.,
940 kc., 1 KW, unlimited, DA-night and day. Present as¬
signment: 1420 kc., 250 watts, unlimited.

WRDO — WRDO, Incorporated, Augusta, Me. — Renewal of license,
1370 kc., 100 watts, unlimited time.

June 2

To be Held in Atlanta, Georgia
Court Room to be Assigned Later

WGST — Georgia School of Technology, Atlanta, Ga. — Renewal of
license (main and auxiliary), 890 kc., 1 KW night, 5 KW
LS, unlimited time.

June 24

WTEL — Foulkrod Radio Engineering Co., Philadelphia, Pa. — C. P..
1500 kc., 250 watts, unlimited. Present assignment, 1310
kc., 100 watts, S-WHAT.

June 26

WKZO — WKZO, Incorporated, Kalamazoo, Mich. — C. P., 590 kc.,
5 KW, unlimited, DA-night. Present assignment, 590 kc.,
1 KW, unlimited, DA-night.

July 7

KWTO — Ozarks Broadcasting Company, Springfield, Mo. — C. P.,
560 kc., 1 KW, night, 5 KW, day, unlimited, D.^-night.

FEDERAL COMMUNICATIONS
COMMISSION ACTION

APPLICATIONS GRANTED

KSUN — Copper Electric Co., Inc., Lowell, Ariz. — Granted author¬
ity to transfer control of the Copper Electric Co., Inc., li¬
censee of Station KSUN, from James S. Maffeo and Law¬
rence R. Jackson to Carleton W. Morris (463)4 shares, or
58.7% of the issued and outstanding capital stock of the
licensee corporation, for a total consideration of $6,001 ;
station operates on 1290 kc., 250 watts, unlimited time (BS-
TC-245).

WESX — North Shore Broadcasting Co., Salem, Mass. — Granted
construction permit to make changes in equipment and in¬
crease power from 100 watts night and day to 250 watts
night and day; 1230 kc. (B1-P-30S2).

WHBL — Press Publishing Co., Sheboygan, Wise. — Granted con¬
struction permit to install directional antenna for night use
and increase power from 250 watts night, 1 KW day, to
1 KW night and day; 1330 kc. (B4-P-2972).

KRJF — Sarah M. Scanlan, Executrix of estate of Jos. D. Scanlan,
Deceased (Transferor), Sarah M. Scanlan (Transferee), Star
Printing Co. (Permittee), Miles City, Mont. — Granted au¬
thority to transfer control of corporation from Sarah M.
Scanlan, executrix of the estate of Joseph D. Scanlan, de¬
ceased, to Sarah M. Scanlan. The purpose of the applica¬
tion is to assign and transfer 403 shares of common voting
stock in Star Printing Co., permittee of station KRJF from
Sarah M. Scanlan in her representative capacity as executrix
to herself personally. Station operates on 1340 kc., 250
watts, unlimited time (BS-TC-262).

Alamance Broadcasting Co., Inc., Burlington, N. C. — Granted con¬
struction permit for new standard broadcast station to
operate on 920 kc., 1 KW, daytime only; exact transmitter
site and antenna system to be determinccl with Commission’s
approval (B3-P-3093).

K47SL — Radio Service Corp. of LUah, Salt Lake City, Utah. —
Ordered issuance of construction permit for new FM station
with condition that no construction facilities shall be under¬
taken or completed until Commission has acted on the gen¬
eral newspaper-ownership question under Order No. 79.

WS5M — The Journal Company (The Milwaukee Journal), Mil¬
waukee, Wis. — Ordered issuance of construction permit for
new FM station under last proviso of Order No. 79, upon
finding that public interest, convenience and necessity will be
served by construction at this time, and without prejudice
to determination of newspaper issue.

DESIGNATED FOR HEARING

West Allis Broadcasting Co., West Allis, Wis. — Application for con¬
struction permit for new standard broadcast station to
operate on 1480 kc., 250 watts, daytime only; applicant
requests local operation on regional channel (B4-P-3045).

KFJM — University of North Dakota, Grand Forks, N. D.; Dalton
Le Masurier, Grand Forks, N. D. — Application for renewal
of license of KFJM (B4-R-6S7) and application for modi¬
fication of license of KFJM to change hours of operation
from unlimited to snecified hours (3 to 5 p. m., daily) and
change studio site to University Campus, Grand Forks, N. D.
(B4-ML-1048) ; to have consolidated hearing of above two
applications and application of Dalton Le Masurier for new
station to operate on 1440 kc., 500 watts night, 1 KW day,
S. H., requests facilities of KFJM (B4-P-3084).

WTAQ — WHBY, Inc., Green Bay, Wis. — .Application for construc¬
tion permit to make changes in directional antenna system
to use same pattern day as now used at night ; involves loss
of service to over 100,000 listeners; 1360 kc., 500 watts
night, 5 KW LS.

RENEWAL OF LICENSES

Granted renewal of the following developmental broadcast sta¬
tion licenses for the period May 1, 1941, to May 1, 1942:

W3XDD, Whippany, N. J.; W3XPY, Whippany, N. J,;

May 2, 1941 — 397

VV8X0, Mason, Ohio; WlOXF, National Broadcasting Co., Inc.
(portable) ; WlOXR, National Broadcasting Co., Inc. (port¬
able-mobile).

\V9XC — Central Broadcasting Co., near Mitchellville, Iowa — Ex¬
tended license of developmental broadcast station expiring
May 1, 1941, to June 1, 1941, pending receipt of applica¬
tion for renewal of license (B4-SEX-22).

VVBOE — Cleveland City Board of Education, Cleveland, Ohio. —
Granted renewal of non-commercial educational broadcast
station license for the period May 1, 1941, to May 1,
1942 (B2-REI)-1).

Granted further extension upon a temporary basis only, pending
determination upon applications for renewal of licenses, in no
event longer than June 1, 1941, of following television stations:

W3XE, Philco Radio and Television Corp., Philadelphia, Pa.;
W,iXP, same company, portable (area of Philadelphia, Pa.),
(B2-SVB-8, B2-SVB-19).

Granted further extension upon a temporary basis only, pend¬
ing determination upon applications for renewal of licenses, in no
event longer than June 1, 1941, of following high frequency
broadcast stations:

W2XVP, New York City; W9XLA, Denver, Colo.; W4X.\,
Nashville, Tenn.; WSXAU, Oklahoma (Tity, Okla.

MISCELLANEOUS

KECA — Earle C. Anthony. Inc., Los Angeles, Cal. — Granted modi¬
fication of construction permit (BS-P-2698, which author¬
ized increase in power and installation of for night
use) for change in directional antenna on 71)0 kf. under
NARBA (BS-MP-12S1).

WTN.'V — .Atlantic Coast Broadcasting Co., Charleston, S. C. —
Granted modification of construction permit (B3-P-2985,
for new transmitter, installation of D.A for night use, in¬
crease in power to 1 KVV, change in frequency from 1210
kv. to 1220 kc., and move of transmitter), for installation
of new transmitter, requesting 1250 kc. under N.ARB.4,
changes in U.A system, and extension of commencement
date 30 days after grant and completion date to 60 days
thereafter (B3-MP-1262 ) .

KOIL — Central States Broadcasting Co., Omaha, Neb. — Granted
modification of construction permit (B4-P-2609, which
authorized installation of DA and increase in power), for
changes in DA and 1200 kc. under NARBA (B4-MP-124S) .
WDBC — Delta Broadcasting Co., Escanaba, Mich. — Granted modi¬
fication of construction permit (B2-P-28S4, which author¬
ized a new broadcast station) for approval of vertical an¬
tenna, approval of studio site, transmitter site and installa¬
tion of new transmitter, 1400 kc., 2S0 watts, unlimited
time (B2-MP-1143).

KOMO — Fisher’s Blend Station, Inc., Seattle, Wash. — Granted
modification of construction permit (BS-P-284S, for in¬
stallation of D.A, increase in power) for 050 kc. under
N.ARB.A and changes in directional antenna (B,3-MP-1244) .
WFDF — Flint Broadcasting Co., Flint, Mich. — Granted modifica¬
tion of construction permit (B2-P-2451, as modified, which
authorized installation of new transmitter and directional
antenna for day and night use, increase in power, change
of frequency, and move of transmitter), for changes in
directional antenna for day and night use, requesting
010 kc. under N.ARBA (B2-MP-1224) .

KMO — Carl E. Haymond, Tacoma, Wash. — Granted modification
of construction permit (BS-P-2707, for new transmitter and
increase in power from 1 to S KW), for authority to install
new transmitter, make changes in antenna system, request¬
ing 1800 kc. under N.ARB.A, and extension of commence¬
ment date to 30 days after grant, completion date to 90
days thereafter (B5-MP-1263).

WKRO — Oscar C. Hirsch, Cairo, Ill. — Granted modification of
construction permit (B4-F-3022, which authorized a new
station) for approval of transmitter and studio sites, ap¬
proval of antenna, and llfifi kc. under N.ARB.A (B4-MP-
1226).

KWSC — State College of Wash., Pullman, Wash. — Granted modi¬
fication of construction permit (BS -P-2911, for changes in
equipment), authorizing installation of automatic frequency
control equipment on 1250 kc. under N.ARB.A, and exten¬
sion of commencement date to 10 days after grant and
completion date to 180 days thereafter ( B3-M P- 1 240 ) .
WPEN — Win. Penn Broadcasting Co., Philadelphia, Pa. — Granted
modification of construction permit (B2-P-26S8, as moflilied,
which authorized installation of new transmitter, increase

398 — May 2, 1941

in power to S KW) for 950 kc. under NARBA, changes
in directional antenna and extension of completion date to
180 days after grant.

WAAT — Bremer Broadcasting Corp., Jersey City, N. J. — Granted
modification of construction permit (B1 -P-1 704, which
authorized installation of new transmitter and DA system,
change in operating time from daytime to unlimited, in¬
crease in power from 500 watts to 1 KW, and move of
transmitter) for extension of completion date to May 25,
1941 (Bl-MP-1275).

WHYN — The Hampden-Hampshire Corp., Holyoke, Mass. —
Granted license to cover constructior permit (Bl-P-1701),
which authorized a new station specifying 1490 kc. under
NARBA, 250 watts, unlimited time (Bl-L-1374). Also
granted authority to determine operating power by direct
measurement of antenna power (Bl-Z-787).

WKEU — Radio Station WKEU, Griffin, Ga. — Granted additional
time to operate April 21 through May 17, 1941, in order to
broadcast a revival program only, subject to condition that
each program is non-sponsored and further subject to the
condition that station operate under this authority only
during the time Rev. J. M. Hendley’s actual participation
in such program (B3-S-819).

WBAA — Purdue University, West Lafayette, Ind. — Granted special
temporary authority to operate from 5 to 6 p. m. on May
2, 9, 13, 23, from 5:45 to 8:30 p. m., May 3; from 4 to 5
p. m., CST, May 4, in order to broadcast Purdue baseball
games and Gala Week activities only (B4-S-501).

WIXOJ — The Yankee Network, Inc., Boston, Mass. — Granted
extension of special temporary authority to rebroadcast
certain programs of station WIXPW for a period beginning
May 1 to July 1, 1941.

KWTO — Ozarks Broadcasting Co., Springfield, Mo. — Granted mo¬
tion for continuance of hearing now scheduled for May 8
for period of 60 days, on application for construction per¬
mit to change hours of operation to unlimited on 560 ko.

WGST — Georgia School of Technology, Atlanta, Ga. — Granted
motion for continuance of hearing now scheduled for May
1 for period of 30 days, on application for renewal of
license of WGST.

WRDO — WRDO, Inc., Augusta, Maine. — Granted petition in part
for continuance of hearing for period of 30 days from
April 28, in re application for renewal of license.

WTEL — Foulkrod Radio Engineering Co., Philadelphia, Pa. —
Granted petition for continuance of hearing for period of
60 days on application now scheduled for April 25 for con¬
struction permit to change frequency from 1810 kc. to
1500 kc., increase power from 100 watts to 250 watts, and
time from sharing with WHAT to unlimited.

The Lorain County Radio Corp. — Granted motion to strike from
files reply memorandum brief of Radiomarine Corp. of
America, in re application of Lorain County Radio Cor¬
poration's application for coastal harbor facilities at Lorain,
Ohio, Port Washington, Wis. and Duluth, Minn., and of
Radiomarine Corp. of America for coastal harbor stations
at West Dover, Ohio, and Buffalo, N. Y.

WlXSO — The Travelers Broadcasting Service Corp., Hartford,
Conn. — Granted extension of special temporary authority
to operate a high frequency experimental broadcast station
on 48700 kc., 1 KW, special emission for FM, with trans¬
mitter located at Avon, Conn., for period May 1 to July
1, 1941.

WlXOJ — The Yankee Network, Inc., Paxton, Mass. — Granted
extension of special temporary authority to operate a high
frequency experimental broadcast station on 44800 kc., 50
KW, special emission for FM, with transmitter located at
Paxton, Mass., for the period May 1 to July 1, 1941.

Stephenson, Edge & Korsmeyer, Helen L. Walton & Walter Bellati,
Jacksonville, Ill. — Scheduled for oral argument on May 22,
1941, in re Proposed Findings of Fact (B-130) on applica¬
tions of Hobart Stephenson, Milton Edge, Edgar J. Kors¬
meyer, d/b as Stephenson, Edge and Korsmeyer, and Helen
L. Walton & Walter Bellati, for construction permits for
new stations at Jacksonville, Illinois.

WMAS — WMAS, Inc., Springfield, Mass. — Granted motion to dis¬
miss without prejudice application for construction permit
to change frequency from 1420 to 910 kc., and increase
power from 250 watts to 1 KW night, 5 KW day, D.A.

WQBC — Delta Broadcasting Co., Inc., Vicksburg, Miss. — Granted
motion to withdraw application for modification of con¬
struction permit to add 500 watts night and operate un¬
limited time.

High Point Broadcasting Co., High Point, N. C. — Granted petition
for order to take depositions in re application for new
station to operate on 1370 kc., 100 watts, unlimited time.

WTEL — Foulkrod Radio Engineering Co., Philadelphia, Pa. —
Petition for enlargement of issues in re application to change
frequency, increase power and operating time, withdrawn.

KOMA — KOMA, Inc., Oklahoma City, Okla. — Granted request for
extension of time to May IS w’ithin which to file amend¬
ment to application for construction permit to change fre¬
quency and increase pow'er to SO KW.

James F. Hopkins, Inc., Detroit, Mich. — Granted motion for leave
to amend application for high frequency broadcast station to
specify a different location, antenna and required cover¬
age, to be filed within 2 weeks, and application moved from
hearing docket.

KOVO — Clifton A. Tolboe, tr./as Citizens Voice & Air Show
(Assigno;') and KOVO Broadcasting Co. (Assignee), Provo,
Utah. — Motion to dismiss application for voluntary assign¬
ment of license without prejudice, withdrawm.

VVFCI — Pawtucket Broadcasting Co., Pawtucket, R. I. — Granted
modification of construction permit (Bl-P-1877, for new
station) for changes in directional antenna and requesting
1430 kc. under NARBA (Bl-MP-1223 ) .

WBAA — Purdue University, VV. Lafayette, Ind. — Granted modifi¬
cation of construction permit (B4-P-2604, which authorized
installation of new transmitter and DA for night use, increase
in power, change in hours of operation, and move trans¬
mitter), for change in type of transmitter, and changes
in DA for night use on 920 kc. under NARBA (B4-MP-
1208).

WSBT — The South Bend Tribune, South Bend, Ind. — Granted
modification of construction permit (B4-P-900, which au¬
thorized changes in equipment, installation of directional
antenna for day and night use, change frequency, hours of
operation and move of transmitter) for changes in direc¬
tional antenna for day and night use, requesting 960 kc.
under N.ARBA, and extension of completion date to 90 days
after grant (B4-MP-1227) .

WDBJ — Times-World Corp., Roanoke, Va. — Granted modification
of construction permit (B2-P-2S22, as modified, for instal¬
lation of directional antenna and increase in power to 5
KW) for change in frequency to 960 kc. under NARB.4
(B2-MP-1202).

WKBH — WKBH, Inc., La Crosse, Wise. — Granted modification of
construction permit (B4-P-2733, to move transmitter, install
new transmitter and directional antenna for night use and
increase power from 1 to S KW) for authority to install
new transmitter, requesting 1410 kc. under NARB.\, and
changes in directional antenna system, extension of com¬
mencement date to 60 days after grant and completion date
to 180 days thereafter (B4-MP-1261).

WEAN — The Yankee Network, Inc., Providence, R. I. — Granted
modification of construction permit (Bl-P-2037, which au¬
thorized increase in power and changes in D.\), for changes
in DA on 790 kc. under NARBA (B1-MP-12S3) .

WCAM — The City of Camden, Camden, N. J. — Granted authority
to determine operating power by direct measurement of
antenna power, 1310 kc. under N.'\RB.\ (Bl-Z-793).

KGB — Don Lee Broadcasting System, San Diego, Cal. — Granted
authority to determine operating pow’er by direct measure¬
ment of antenna power, 1360 kc. under NARBA (B3-Z-
784).

WLOF — Hazlewood, Inc., Orlando, Fla. — Granted authority to
determine operating power by direct measurement of antenna
power, 1330 kc. under NARB.\ (B3-Z-777).

KMYC — Marysville-Yuba City Broadcasters, Inc., Marysville, Cal.
— Granted authority to determine operating power by direct
measurement of antenna power, 1450 kc. under N.^RB,\
(BS-Z-806).

WGES — Oak Leaves Broadcasting Station, Inc., Chicago, Ill. —
Granted modification of construction permit (B4-P-2063,
which authorized installation of new transmitter, increase
in power, change in hours of operation, installation of D.\
for day and night use, and move of transmitter) for change
in type of transmitter, changes in DA for day and night
use on 1390 kc. under N.\RB.\, and extension of commence¬
ment and completion dates to 30 and 180 days after grant
respectively (B4-MP-1266) .

WEXL — Royal Oak Broadcasting Co., Royal Oak, Mich. — Granted
authority to determine operating power by direct measure¬
ment of antenna power (B2-Z-761).

WNOE — WNOE, Inc., New Orleans, La. — Granted authority to
determine operating power by direct measurement of an¬
tenna power (B3-Z-788).

KSAL — KSAL, Inc., Salina, Kans. — Granted license to cover con¬
struction permit (B4-P-2765), which authorized increase in
power and changes in directional antenna system, 1130 kc.
(1150 under NARBA), 1 KW, unlimited time, DA at night
(B4-L-1371). Also granted authority to determine operat¬
ing power by direct measurement of antenna power (B4-
Z-763).

KDYL — Intermountain Broadcasting Corp., Salt Lake City, Utah.
Granted modification of construction permit (B5-P-2721
for installation of DA for day and night use, and increase in
power) for changes in D.\ system, and requesting 1330 kc.
under NARBA (BS-MP-1272) .

KRCO — Columbia Broadcasting System, Inc., Portable-Mobile
(area of Los Angeles). — Granted license to cover construc¬
tion permit (BS-PRE-377, which authorized a new relay
station), frequencies 33380, 35030, 37630, 39820 kc., 100
watts, to be used with applicant’s standard broadcast station
KNX, Los Angeles (B5-LRE-34S ) .

WISN — Hearst Radio, Inc., Milwaukee, Wis. — Granted modification
of construction permit (B4-P-2608, as modified, for new
transmitter, installation of DA for day and night use, in¬
crease in power and move of transmitter) for 1150 kc. under
NARB.A and changes in DA, also extension of completion
date to 180 days after grant (B4-MP-1242 ) .

WFEA — New Hampshire Broadcasting Co., Manchester, N. H. —
Granted modification of construction permit (Bl-P-2730,
to install new transmitter, increase power and make changes
in DA), for changes in directional antenna system, and re¬
questing 1370 kc. under NARBA (Bl-MP-1265) .

United Theatres, Inc., and Enrique Abarca Sanfeliz, San Juan,
P. R. — Issued final order adopting Findings of Fact and
Conclusions denying application of United Theatres, Inc.,
for new station at San Juan, P. R., and granting condition¬
ally the application of Enrique Abarca Sanfeliz for new
station at San Juan, P. R. (B-134).

WTMC — Ocala Broadcasting Co., Inc., Ocala, Fla., WDLP — Pan¬
ama City Broadcasting Co., Panama City, P'la. — Continued
hearings now scheduled for May 5 to May 19, 1941, in re
revocation of licenses of Stations WTMC and WDLP.

WMBD — Peoria Broadcasting Co., Peoria, Ill. — Granted special
temporary authority to broadcast a program originating in
an Army transport airplane from 4:30 to 4:45 p. m., CST,
April 24, 1941 (B4-S-59S).

WSSNY — William G. H. Finch, New York, N. Y. — Granted modi¬
fication of construction permit which authorized new high
frequency broadcast station, for change in location of
transmitter from 1819 Broadway, New York, to 10 East
40th St., New York, change in type of transmitter and ap¬
proval of antenna system (Bl-MPH-20).

KIJG — Eagle Broadcasting Co,, Inc., area of Brownsville, Tex. —
Granted further extension upon a temporary basis only of
relay broadcast station license, pending determination upon
application for renewal of license, to not later than June 1,
1941 (B3-SRY-10).

W8XFM — The Crosley Corp., Cincinnati, Ohio. — Granted exten¬
sion of special temporary authority to operate a high fre¬
quency experimental broadcast station on 43260 ke., 1000
watts power, special emission for frequency modulation, with
the transmitter located at Corner Vine and P'ifth Streets,
Cincinnati, Ohio, and described as Crosley, Type EDS-
213-N, maximum rated carried power output 1000 watts,
for period May 1, 1941, to not later than June 29, 1941.

C. M. Jansky, Jr., & S. Bailey d/b as Jansky & Bailey, Washing-
tion, D. C. — Granted extension of temporary authority to
operate a high frequency experimental broadcast station on
43200 kc., 1000 watts power, special emission for frequency
modulation, with transmitter located at 1219 Wisconsin Ave.
at Georgetown, D. C., and described as Composite, maximum
rated carrier power 1000 watts, for period May 1, 1941, to
not later than June 29, 1941.

KFAS — Midnight Sun Broadcasting Co., Fairbanks, Alaska. —
Granted special temporary authority to relay broadcast to
Radio Station KFAR a IS-minute emergency program in
connection with the Tanana Ice Breakup on or before May
IS, 1941, using a 40-watt, Lear crystal controlled trans¬
mitter, type UT-6 on frequency 6435 kc.

W2XBS — National Broadcasting Co., Inc., New York City —
Granted special temporary authority to operate a specially
constructed 1 KW peak power, special emission laboratory

May 2, 1941 — 399

model FM transmitter alternately with the regular W2XBS
transmitter on Channel No. 1 for the purpose of making
field observations, for a period not to e.xceed .^0 days.

W2XWG — National Broadcasting Co., Inc., New York City —
Granted extension of special temporary authority to operate
Station VV2XWG on 45100 Uf., 1000 watts power, A4 and
special emission for frequency modulation at 350 Fifth Ave.,
NYw York City, for the period May 1, 1941, to not later
than June 29, 1941, pending final authorization and com¬
pletion of construction of applicant’s new high frequency
broadcast station.

W3XEZ — RCA Manufacturing Co., Inc., Camden, N. J. — Granted
extension of special temporary authority to operate Class 1
experimental radio station W3XEZ on 44!)(M) kf., 1000
watts power, A3, A4 and special emission for frequency
modulation, using a 1 KW FM broadcast transmitter, type
FM-l-B, for the purpose of conducting field strength survey;
authority to be from April 27, 1941, until further order of
the Commission but not later than May 27, 1941, subject
to the condition that no interference results to any high
frequency broadcast station.

WGES — Oak Leaves Broadcasting Station, Inc., Chicago, Ill. —
Denied extension of special temporary authority to operate
on 18!(0 kc. with power of 500 watts during the hours
vacated by Station WSBT (6 to 7 a. m., 12 to 3 p. m. and
8 to 12 midnight, CSX), for the period April 27 to May 27,
1941, to broadcast sponsored programs as well as non-
sponsored programs only, pending completion of construc¬
tion in accordance with construction permit for unlimited
time operation.

VVBST — The South Bend Tribune, South Bend, Ind. — Granted ex¬
tension of special temporary authority to operate unlimited
time on !)60 kc., 250 watts night, 500 watts daytime for
the period April 27, 1941, to not later than May 27, 1941,
pending completion of construction in accordance with per¬
mit B4-P-900 as modified, provided operation on additional
hours is for non-commercial programs only.

WSJS — Piedmont Publishing Co., Winston-Salem, N. C. — Granted
extension of license upon a temporary basis only and upon
the express condition that it is subject to whatever action
may be taken by the Commission upon the application for
renewal of license pending before it and pending disposition
of application for consent to transfer control then having
been filed, in no event later than May 29, 1941.

WPAT — North Jersey Broadcasting Co., Inc., Paterson, N. J. —
Granted modification of construction permit for authority
to install new transmitter; 980 kc. ( Bl-MP-1281 ) .

W9XYH — Head of the Lakes Broadcasting Co,, Superior, Wise. —
Granted extension of special temporary authority to operate
a high frequency experimental broadcast station on 48000
kc., 1000 watts power, special emission for frequency modu¬
lation, with transmitter located at 39th St. and Tower Ave.,
Superior, Wise., and described as General Electric and Com¬
posite 1 KW amplifier. Type 4-GFlAl, maximum rated
carrier power output 1000 watts, for period May 1, 1941,
to not later than July 1, 1941.

W51R — Stromberg-Carlson Telephone Mfg. Co., Rochester, N. Y.
— Granted special temporary authority to operate frequency
modulation station commercially on 45100 kc., special emis¬
sion, transmitter at 89 East Ave., Rochester, N. Y., from
May 1 to not later than July 1, 1941, pending completion
of construction (Bl-PH-75).

WEAK — Lake Region Broadcasting Co., Lakeland, Fla. — Granted
request to dismiss application for transfer of control of Lake
Region Broadcasting Co., licensee of WLAK, from J. P.
Marchant, I). J. Carey, Melvin Myer, W. Walter Tison,
The Tribune Co., transferors, to Russell E. Baker, trans¬
feree (B3-TC-260).

KMLB — Liner’s Broadcasting Station, Inc., Monroe, La. — Con¬
tinued hearing now scheduled for April 30, 1941, until May
23, 1941, in re application for construction permit to change
frequency to 141(1 kc.

WQDM — E. J. Regan and I''. Arthur Bostwick, d, b as Regan and
Bostwick, St. .“Mbans, Vt. — Granted extension of soccial tem¬
porary authority to operate on frequency 142(1 kc. for the
period April 27, 1941, until Radio Station WWSR is au¬
thorized to conduct program tests but ending in no event
later than May 7, 1941.

WMBO — WMBO, Inc., .^ulnirn. New York. — Denied special tem¬
porary authority to remain silent after 9 j). m., LST, from
April 28 to not later than May 27, 1941.

400 — May 2, 1941

WREN — WREN Broadcasting Co., Inc., Lawrence, Kans. — Dis¬
missed Petition for Amendment of Order of the Commission
filed by WREN on March 31, 1941, directed against the
Commission’s action in designating application (B4-P-2272)
for hearing, without prejudice to the filing by petitioner of
a motion for leave to amend application in accordance with
Sec. 1.73 of the Commission’s Rules and Regulations.

KGU — Marion A. Mulrony and Advertiser Publishing Co., Ltd.,
Honolulu, T. H. — (granted petition for rehearing, petition
for recall of construction permit and stay order ; set aside
action of February 18, 1941, and memorandum decision of
February 25, granting application of Hawaiian Broadcasting
System, Ltd., for a new station in Honolulu to operate on
1810 k(“. with 250 watts power, unlimited time, designated
said application for hearing, and recalled construction per¬
mit heretofore mailed to Hawaiian Broadcasting System,
Ltd.

WlXOJ — The Yankee Network, Paxton, Mass. — Granted 60-day
special temporary authority to operate high frequency ex¬
perimental FM station WlXOJ on a commercial basis with
call letters W43B, without prejudice to the issues in the
hearing.

WSBT— South Bend Tribune, South Bend, Ind. — Dismissed peti¬
tion for reconsideration of action by individual Commis¬
sioner; Thompson, Commissioner, reconsidered his action
in granting additional time non-commercially, and applicant
was granted 10 days’ authority to operate with additional
time commercially, subject to filing with the Commission
information as to reason for delay in getting equipment,

KJR — Fisher’s Blend Station, Inc., Seattle, Wash. — Granted peti¬
tion to reconsider and grant without a hearing the applica¬
tion for renewal of license ; cancelled hearing, and granted
renewal of license to operate on 1000 kc., 5 KW, unlimited
time.

APPLICATIONS FILED AT FCC

570 Kilocycles

KGKO — KGKO Broadcasting Co., Ft. Worth, Texas. — Modifica¬
tion of license to maintain studios in Fort Worth and
Dallas, Texas.

600 Kilocycles

NEW — Genesee Broadcasting Corp., Flint, Mich. — C. P. for new
broadcast station on 600 kc., 1 KW power, unlimited time,
directional antenna day and night.

610 Kilocycles

NEW — West Publishers, Inc., Houston, Tex. — Construction per¬
mit for new broadcast station on 610 kc., 1 KW power,
unlimited time, DA-N. Amended: Install new transmitter,
changes in directional antenna for night use, specify trans¬
mitter site, change applicant from a Corporation to a Part¬
nership composed of J. M. West, J. Marion West, Wesley W.
West and P. M. Stevenson. Studio site specified as Sterling
Building, Houston, Tex.

620 Kilocycles

WAGE — Sentinel Broadcasting Corp., Syracuse, N. Y. — License
to cover C. P. (Bl-P-1934) as modified for new station.

WAGE — Sentinel Broadcasting Corp., Syracuse, N. Y. — .Authority
to determine operating power by direct measurement.

740 Kilocycles

NEW — Fred Jones, Mary Eddy Jones, and W. E. Hightower, d/b
as Fred Jones Broadcasting Co., Tulsa, Okla. — Construction
permit for a new broadcast station to be operated on 6!)(l
kf., 50 KW, unlimited hours, directional antenna day and
night. Amended: To make changes in directional antenna
and requesting 740 k<“., 25 KW night, 50 KW day.

770 Kilocycles

KXA — American Radio Telephone Co., Seattle, Wash. — Construc¬
tion permit to move transmitter locally.

880 Kilocycles

WHB — WHB Broadcasting Co., Kansas City, Mo. — Construction
permit to install new transmitter.

920 Kilocycles

KTKC — J. E. Richmond, Percy M, Whiteside, Homer W. Wood,
and Visalia Publishing Co., d/b as Tulare-Kings Counties
Radio Associates, Visalia, Calif. — Construction permit to
change frequency from !)20 kc. to !)40 kc., increase power
from 1 to S KW, install new transmitter and make changes
in directional antenna for day and night use.

KFNF — KFNF, Inc., Shenandoah, Iowa. — Authority to determine
operating power by the direct method.

930 Kilocycles

WPAT — North Jersey Broadcasting Co., Inc., Paterson, N. J. —
Modification of C. P. (Bl-P-2624) for new station re¬
questing authority to change transmitter, requesting 930 kf.
under NARBA.

WBEN — WBEN, Inc., Buffalo, N. Y. — Modification of C. P.
(B1-P-27S7) as modified for 930 kc. under NARBA and
changes in directional antenna.

960 Kilocycles

WBRC — Birmingham Broadcasting Co., Inc., Birmingham, Ala. —
Modification of C. P. (B3-P-29S2) for increase power and
installation of directional antenna for night use, requesting
changes in DA on 960 under NARBA.

970 Kilocycles

WCSH — Congress Square Hotel Co., Portland, Maine. — License to
cover C. P. (B1-P-2S35) as modified for increase in power
and installation of directional antenna for day and night
use. Amended: Specify 970 kc. under NARBA.

WCSH — Congress Square Hotel Co., Portland, Maine. — Authority
to determine operating power by direct measurement.
Amended; Specify 970 kc.

1150 Kilocycles

WTAW — Agricultural & Mechanical College of Texas, College Sta¬
tion, Texas. — Authority to determine operating power by
the direct method.

1230 Kilocycles

KBTM — Jay P. Beard, d b as Regional Broadcasting Co., Jones¬
boro, Ark. — Authority to determine operating power by the
direct method.

1240 Kilocycles

KDLR — KDLR, Inc., Devils Lake, N. D. — .\uthority to determine
operating power by direct measurement.

KBIZ — J. D. Falvey, Ottumwa, Iowa. — License to cover C. P.
(B4-P-2499) as modified for new station.

KBIZ — J. D. Falvey, Ottumwa, Iowa. — Authority to determine
operating power by direct measurement.

KOCA — Oil Capitol Broadcasting Assn., Kilgore, Texas. — Au¬
thority to determine operating power by the direct method.

1260 Kilocycles

WNAC — Yankee Network, Inc., Boston, Mass. — Modification of
C. P. for changes in directional antenna on 1260 kc. under
NARBA.

1330 Kilocycles

NEW — Findlay Radio Co., Findlay, Ohio. — Construction permit
for new station on 1300 kc., 250 watts daytime. Amended:
To request 1330 kc., 1 KW power, daytime hours, changes
in antenna, new transmitter and transmitter site to be
determined Findlay, Ohio.

WLOL — Independent Merchants Broadcasting Co., Minneapolis,
Minn. — Modification of license to change from directional
antenna day and night to directional antenna night only.

1340 Kilocycles

NEW — Lake Worth Broadcasting Corp., Lake Worth, Fla. — Con¬
struction permit for a new broadcast station to be operated
on 1346 kc., 250 watts, unlimited hours.

KWIM — Lakeland Broadcasting Co., Willmar, Minn. — Construc¬
tion permit changes in equipment and increase power from
100 watts to 250 watts.

1360 Kilocycles

WSAI — The Crosley Corp., Cincinnati, Ohio. — Modification of
C. P. (B2-P-2221 ) as modified for 1366 kc. under NARB.^
changes in directional antenna and extension of completion
date. Amended: To use directional antenna day and night.

1380 Kilocycles

1410 Kilocycles

WING — Great Trails Broadcasting Corp., Dayton, Ohio. — Modi¬
fication of license to make changes in directional antenna
on 1410 kc. under NARBA.

1450 Kilocycles

WMAS — WMAS, Incorporated, Springfield, Mass. — Authority to
determine operating power by direct measurement.

KBPS — Benson Polytechnic School (R. T. Stephens, Agt.), Port¬
land, Ore. — Construction permit install new transmitter,
antenna and increase power from 100 to 250 watts.

1490 Kilocycles

NEW — Granite District Radio Broadcasting Co., Murray, Utah. —
Construction permit for new broadcast station on l.'IOO kc.
(1490 kc. under NARBA), 250 watts, unlimited time.
Amended: re stockholders.

1500 Kilocycles

WIGM — George F. Meyer, Medford, Wis. — Modification of C. P.
(B4-P-2501) for new transmitter, changes in antenna
(1490 kc. under NARBA), increase in power from 100
watts to 250 watts, move transmitter and extend commence¬
ment and completion dates 60 to 180 days respectively.

1530 Kilocycles

WCKY — L. B. Wilson, Inc., Cincinnati, Ohio. — Modification of
license to change from directional antenna for day and night
use to directional antenna after sunset at Sacramento, Calif.

1560 Kilocycles

WQXR — Interstate Broadcasting Co., Inc,, New York, N. Y. —
License to reinstate Bl-L-1334, use old transmitter as
auxiliary.

FM APPLICATIONS

NEW — M. A. Leese Radio Corp., Washington, D. C. — Construction
permit for a new high frequency broadcast station to be
operated on 47100 kc; coverage: 5,600 square miles; popu¬
lation: 899,946.

NEW — WFIL Broadcasting Co,, Philadelphia, Pa, — Modification
of C. P. (B2-PH-73) for new high frequency broadcast sta¬
tion specifying operating constants to provide coverage of
9300 square miles and change type of antenna.

TELEVISION APPLICATION

W2XWV — Allen B. DuMont Laboratories, Inc., New York, N. Y,
— License to cover C.P. (Bl-PVB-30) as modified for new
television station.

MISCELLANEOUS APPLICATIONS

KFDM — Beaumont Broadcasting Corp., Beaumont, Tex. — Con¬
struction permit to install new transmitter, directional an¬
tenna for day and night use, increase power from 1 KW
to 5 KW, move transmitter to Near Highway 124, approxi¬
mately 6 mi. SW of Beaumont city limits.

WBOS — Westinghouse Radio Stations, Inc., Hull, Mass. — License
to cover C. P. (Bl-PIB-23) as modified which authorized
move of station, increase power and changes in equipment.

May 2, 1941 — 401

KWK — Thomas Patrick, Inc., St. Louis, Mo. — Authority to in¬
stall new automatic frequency control equipment.

1400 Kilocycles

WKWK — Community Broadcasting, Inc., Wheeling, W. Va. —
Modification of C. P. (B2-P-2967) for new transmitter.

KALW — Board of Education of the San Francisco Unified School
District, San Francisco, Calif. — Modification of C. P.
(BS-PED-14) as modified to extend completion date from
5-14-41 to 8-14-41.

WEKG — Paducah Broadcasting Co., Inc., Mobile. — License to
cover construction permit (B2-PRE-376) for a new relay
broadcast station.

FEDERAL TRADE
COMMISSION ACTION

Federal Trade Commission has alleged unfair competi¬
tion against the following firms. The respondents will be
given an opportunity to show cause why cease and desist
orders should not be issued against them.

Dean ('al)ot — Charging misrepresentation in the sale of
“Caboteks”, a medicinal preparation for women, a complaint has
been issued against Charles Campbell Buttenfield, Sr., trading as
Dean Cabot, 227 North Ftomewood Ave., Pittsburgh,

The complaint alleges that in advertisements clisseminated in
various States the respondent represented his product as a cure or
remedy for delayed menstruation and as being safe for use when
in fact the preparation is not a cure, remedy or competent treat¬
ment for this condition and is not safe for use as it contains the
drugs ergotin, apiol green, oil savin, and quinine sulphate in quan¬
tities sufficient to cause serious and irreparable injury to health if
used under conditions prescribed in the advertisements or under
customary or usual conditions.

The complaint further charges that advertisements of his product
disseminated by the respondent are false advertisements in that
they fail to reveal the possible consequences of use of the product
under these conditions (4494).

Alarsliall Field & Co., Chicago, has been served with a com¬
plaint charging violation of the Federal Trade Commission Act
in the sale of rugs which it manufactures under the name of Kara-
stan Rug Mills.

The complaint alleges that the respondent, in promoting the sale
of certain rugs manufactured at its plant in this country, has de¬
scribed these products, which closely resemble true Oriental rugs
in appearance, by the names of "Karastan”, “Karashah”, “Kara-
vere”, “Kara Kirman” and “Kharol”.

Pointing out that there are true Oriental rugs known as “Kara-
hagh”, “Karadagh”, “Karageuze”, “Karaman”, “Karahissar”,
“Karajah” and “Kirman”, the complaint alleges that the respond¬
ent’s use of its designations tends to create the mistaken Irclief that
its products are genuine Oriental rugs when in fact they have been
woven on power looms in its own factory in the United States and
are neither made in the manner of the true Oriental rug nor possess
all of its characteristics.

The complaint further charges the respondent with describing
certain of its rugs as “Oriental reproductions” or “authentic Ori¬
ental reproductions” when in fact they are not exact copies or
reproductions of true Orientals in structure or method of manu¬
facture, but merely simulate them in appearance. The complaint
alleges that while the respondent in some instances has endeavored
to copy the designs of particular Oriental rugs, in others it has
used designs which it has created and which are adaptations or
combinations of Oriental motifs (4493).

Radio Wire Television, Iiie. — Charging misleading represen¬
tations in the sale of rarlio receiving sets, parts anrl accessories a
complaint has been issued against Radio Wire Television, Inc., 100
Sixth Ave,, New York. The respondent has branch offices in Chi¬
cago, Boston and Atlanta.

The complaint alleges that the respondent advertises a “One-tube
battery set” with which “you can tune in the world”, also a “Two-
tube AC-DC kit” and a “Two-tube AC-DC set”.

The complaint charges that the respondent’s “One-tube battery
ojierated all-wave set” is not an all-wave radio set and that it can¬
not tune in the world. Further, the complaint alleges, the re-

402 — May 2, 1941

spondent’s so-called “Two-tube AC-DC kit” and “Two-tube AC-
DC set” are not tw'O-tube radio sets. According to the complaint,
they are not equipped with two fully functioning tubes, respectively,
but are on the contrary merely equipped with one detecting, am¬
plifying or receiving tube and wdth one nonfunctioning or tuning
beacon tube or rectifying tube. The complaint alleges’ that the
rectifier tubes do not serve as amplifying or detecting tubes and
do not perform any recognized and customary function of a radio
receiving tube in the detection, amplification and reception of radio
signals or programs.

The complaint points out that a substantial number of purchasers
believe that the greater the number of actually functioning tubes
in a radio receiving set the better it performs and the greater and
clearer is its power of detecting, amplifying and receiving radio
waves (4491).

Disabled Anierieaii Veterans of tlie World War Kelialrili-
tatioii Department — Charging misleading use of the name of the
Disabled American Veterans of the World War, a national patriotic
organization, in the sale of historical books, a complaint has been
issued against the Disabled American Veterans of the World War
Rehabilitation Department, a commercial corporation with head¬
quarters at 104 South Michigan Ave,, Chicago. The complaint
also names as respondents Frank J. Mackey, L. C. Maier, Daniel
C. Moore and Robert T, Mackey, officers of the corporation.

The complaint alleges that the respondent corporation has a con¬
tract with the Disabled American Veterans of the World War
under which that organization sponsors the sale of the respondent
corporation’s two sets of books “Progress of Nations” and “For¬
ward March”, and that the Disabled American Veterans’ group
receives from the respondent a 10 per cent royalty on all gross
sales of the books.

.According to the complaint, the respondents, through their sales¬
men and by other means, have misleadingly represented that their
salesmen are representatives of the Disabled .American Veterans of
the World War; that the respondents’ books are being sold only to
certain selected customers ; that the Disabled American Veterans
of the World War receives the entire profit derived from the sale
of the books; that a person purchasing the respondents’ books is in
effect making a contribution to the patriotic organization, and that
the funds derived from sale of the books will be used by the Dis¬
abled .American Veterans’ organization to defray expenses of its
activities in combatting anti-.American and subversive organiza¬
tions and influences in the United States.

The complaint charges, however, that the respondents sell their
books as an ordinary commercial transaction for their own profit;
that the only profit derived by the Disabled American Veterans’
organization from sale of the books has been the royalty; that the
sale of the books has not been restricted to any group but that
they have been sold indiscriminately to the public, and that the
respondent corporation’s use of the corporate name “Disabled
.American A^eterans of the World War Rehabilitation Department”
constitutes a misleading representation that the respondent corpor¬
ation is identical with or is connected with the Disabled .American
Veterans’ organization,

■According to the complaint, a further deceptive and misleading
practice of the respondents is their wrongful representation that
certain literature published by the Disabled American Veterans’
organization endorses the respondents’ books, when in fact such
literature relates onlv to the general aims and purposes of the
Disabled American Veterans’ organization and has no reference
to the respondents’ books (4492).

STIPULATIONS

The Commission has entered into the following stipu¬
lations:

llelem Products Co., 1009 Isabella Ave., Houston Tex., stipu¬
lated to cease advertising that its preparation “Locao Belem” will
grow hair and is a remedy or cure for baldness, falling hair,
aggravated conditions of the scalp, dandruff, and other scalp
conditions. The respondent also agrees to desist from advertising
that its product rejuvenates the scalp, stimulates or revitalizes hsiir
cells, and adds new life to hair; that the product has been sub¬
jected to laboratory tests hv the Food and Drug .Administration
and that, upon analysis by that administration, has been found to
comply with the “Pure Food and Drugs Law” (02785).

Corypllt Inc., F. Orlo Johnson and E. B. Masters, 7392 Churchill
St., Detroit, have entered into a stipulation to cease certain repre¬
sentations in the sale of their preparation “Nu-Hair”.

The respondents agree that in disseminating advertisements of
their preparation they will cease employing the brand name “Nu-
Hair” in such a way as to infer that it will grow or produce hair.

The respondents also agree to desist from advertising that their
preparation represents a professional secret of a scalp specialist ,
is a scientific or revolutionary hair, scalp, or skin preparation, and
is recommended by leading beauty shops.

The respondents further stipulate that they will cease represent¬
ing their product as being capable of preventing, removing or re¬
lieving baldness, dry or itchy scalp, or other hair or scalp ail¬
ments; of conserving or restoring the natural oils secreted by the
scalp or of controlling or helping to control the glandular activity
of the scalp (02783).

Haseo, Inc. — A stipulation involving war orders for machinery
and tools has been accepted from Hasco, Inc., 661 Frelinghuysen
Ave., Newark, N. J.

According to the stipulation, the respondent- corporation pur¬
chases machinery and tools and sells them to foreign powers en¬
gaged in the European war.

The stipulation relates that for the-purpose of locating and pur¬
chasing used machinery and tools intended for sale and shipment
abroad, the respondent adopted the trade name “Imperial Air
Industries” and used it in advertisements together with the words
“American Purchasing Office,” when in fact the corporation is
neither sponsored by nor has any official connection with a foreign
government as indicated by its trade name containing the word
“Imperial”.

Under its stipulation the respondent corporation agrees to cease
and desist from using the words “Imperial Air Industries”, alone
or with the words “American Purchasing Office” as a trade name
in connection with advertising, purchasing or selling its products.

The respondent also stipulates that it will cease employing the
word “Imperial”, alone or with the words “Air Industries” or
with the words “American Purchasing Office” or other words in
any manner implying that the respondent corporation is sponsored
by or officially connected with a foreign government (3090).

Landers, Frary & Clark, New Britain, Conn., have entered
into a stipulation to cease representations tending to convey the
impression to purchasers that certain electrical heating pads dis¬
tributed by the respondent are capable of maintaining different,
distinct temperatures. According to the stipulation, the operation
of the switches used with the respondent’s pads,, advertised as
“Three-Speed Pads”, does not maintain three distinct tempera¬
tures but only regulates the length of time required to heat the
pads to a single maximum temperature (3086).

C. W. Marks Slioe Coiiipaiiy — Stipulations to discontinue
certain representations in the sale of shoes have been accepted
from C. W. Marks Shoe Co., Chicago, wholesaler; International
Shoe Co., and Samuels Shoe Co., Inc., St. Louis manufacturers,
and Geo. E. Keith Co., Campello, Mass., manufacturer.

C. W. Marks Shoe Co. agrees to cease employing the word
“Doctor” or the abbreviation “Dr.” in connection with a name
or with any other words as a trade name, brand or designation
for its products so as to imply that they are made in accordance
w'ith the design or under the supervision of a physician and contain
special scientific or orthopedic features which are the result of
medical determination or services. According to the stipulation,
the respondent corporation caused the words “Dr. Kelly’s Air-Flex
Shoes” to be stamped on certain shoes for women and “Dr. Kelly’s
Plastic Arch” on certain of its shoes for men, when in fact the
shoes so marked were neither made under the supervision of a
physician nor did they contain special scientific or orthopedic
features.

International Shoe Co., Samuels Shoe Co., Inc., and Geo. E.
Keith Co. stipulate that they will cease using the word “Alligator”
or other similar word to describe shoes not made from alligator
hide, provided that the word “Alligator” may be used to describe
the finish of shoes w'hich are made from materials other than alli¬
gator leather and are finished or embossed to resemble it, when
this wmrd is immediately accompanied by other words clearly indi¬
cating that the designation refers only to the pattern embossed
on such materials (3084-3085-3087-3089).

Nolan Company — Frank D. Seiple, operating as The Nolan Co.,
Greenville, Pa., has entered into a stipulation to cease advertising
that his preparation “Slumber Ointment” is a competent treatment
for ringworm in all cases, or in any cases except those involving
superficial ringworm infection and that it is a competent treatment
for athlete’s foot, unless expressly limited to superficial organisms
and the relief of itching. The respondent also agrees to desist
from advertising that his product is of value in treating eczema,
salt rheum, grease and rubber poisoning, skin diseases, or poisoning,
beyond that of temporary relief from the itching which may ac¬
company these conditions (02784).

Scientific Products Company — Trading as Scientific Products
Co., Frank L. Moscow, 3462 North Clark St., Chicago, distributor
of a preparation intended for use as a treatment for hosiery and
lingerie, stipulated to cease employing the words “No More Runs”
or other similar words having the effect of conveying to purchasers
the impression that use of this preparation on such fabrics will
eliminate the possibility of or prevent runs. The respondent
also agrees to cease representing that his preparation will make
fabrics fade-proof (3088).

CEASE AND DESIST ORDERS

Commission has issued the following cease and desist
orders:

Associated News Pliotograpliic Service, Inc., and Blackstone
Studios, Inc., both of 20 West 57th St., New York, and Leo Fried
and William Shapiro, officers and principal stockholders of both
corporations, have been ordered to cease and desist from mis¬
representations in the sale of photographs and photographic prints.

Commission findings are that as a sales plan to induce persons
to pose for and buy photographs the respondents have mislead¬
ingly represented and implied that such pictures are for immediate
“press release” or publicity purposes when actually the respondents
are not in the business of taking spot or current news pictures
and the number of pictures they occasionally sell to newspapers
represents a minor portion of their business.

According to findings, the respondents’ agents contact persons
of more or less prominence by telephone, advising them that the
“Associated News” or the “Associated News Photographic Service,
Inc.” desires their pictures or that the pictures are wanted for
the “Associated News” files for service to newspapers or for other
publicity purposes. Commission findings are further that the proofs
are delivered by the respondents’ representatives, or mailed to the
prospective customer with an accompanying letter requesting such
person to “make your selection for press release” and stating that
if such person should desire some finished portraits “we shall be
glad to meet your requirements”. According to findings, a repre¬
sentative of the respondents, calling on the prospective customer
ostensibly to deliver the proofs or to obtain the one selected for
“press release” engages in a sales procedure which frequently is
successful in selling pictures.

With minor exceptions, the findings continue, the respondents
take the pictures without prior arrangements for compensation and
rely upon being able to sell finished pictures to a reasonable pro¬
portion of the persons photographed. They succeed in 25 to 30 per
cent of the cases, according to findings, and their prices customarily
range from $2.50 to $75 or more per finished print.

In its findings the Commission points out that the Associated
Press, widely known newsgathering agency, maintains the Asso¬
ciated Press “News Photographic Service” for obtaining news
pictures and distributing copies to member newspapers but that
copies of such pictures are not furnished or sold to the persons
who appear in them.

The Commission order directs that the respondents, in connec¬
tion with the solicitation of permission to make photographs or
the offering or sale of photographs, cease and desist from using
the word “News” or words of similar import in the corporate
name of the respondent Associated News Photographic Service,
Inc., or as a part of any other trade or corporate name, to de¬
scribe a business which is principally that of selling photographs to
persons photographed, and that they cease representing or im¬
plying to prospective customers that the respondents are news or
press photographers, or that any photograph solicited is for press
or publicity purposes, unless such photograph is actually for im¬
mediate news or press use (3561).

May 2, 1941 — 403

I). 1). I). Corporation, Batavia, Ill., has been ordered to cease
and desist from misrepresentation in the sale of “D. D. D. Pre¬
scription", advertised as a treatment for skin ailments and con¬
ditions.

The Commission order directs D. D. D. Corporation to cease
disseminating advertisements which represent that "D. D. D. Pre¬
scription” is a cure or remedy for eczema, pimples or hives or has
therapeutic value in treating these ailments or in treating skin
disorders caused by internal or systemic conditions in excess of
affording temporary relief from the sym[5tom of itching.

The respondent is further ordered to cease advertising that its
preparation has therapeutic value in treating skin blotches or
rashes when due to systemic or constitutional conditions, or
has therapeutic value in treating athlete’s foot, insect bites and
ivy and oak poisoning in excess of that afforded by the temporary
alleviation of the symptom of itching or the use of an antipruritic,
astringent, antiseptic, and mildly germicidal agent.

The Commission order further directs that the respondent cease
representing, through use of the words "and other externally
caused skin eruptions” or similar phrase<5logy in connection with
diseases or conditions which may be of a systemic or internal
origin, that such diseases and conditions are solely of external
origin or that the respondent’s preparation has therapeutic value
in treating them regardless of their origin.

The order also directs the respondent to cease representing,
through use of the words “stop itching” or other similar words,
that its preparation will either permanently or temporarily elimi¬
nate the disease or condition causing the symptom of itching or
has any therapeutic value in excess of that afforded by the tem¬
porary alleviation of the symptom of itching or the use of an
antipruritic, astringent, antiseptic, and mildlv germicidal agent
(3972).

Jane IJlaiieliard deary, trading as Dr. Jane Blanchard, 2817
East St., N. S., Pittsburgh, has been ordered to cease misrepresen¬
tation in the sale of a medicinal preparation designated by the
names “Dr, Blanchard’s Female Compound and Regulator,” “Dr.
Jane Blanchard’s Compound Regulator” and “Dr. Blanchard’s
Regulator.”

The Commission order directs the respondent to cease disseminat¬
ing advertisements which represent that her preparation is a
competent or reliable regulator of conditions peculiar to women,
possesses therapeutic value in the treatment of delayed or sup¬
pressed menstruation, is a tonic or a blood purifier or is safe or
harmless.

The respondent is further ordered to cease disseminating ad¬
vertisements which use the term “Dr.” or “Doctor” as a part
of the respondent’s trade or as part of the name of the prepara¬
tion or which otherwise represent that the respondent is a
medical doctor ; or which advertisements fail to reveal that use
of the product may cause colitis and other serious consequences
(4449).

National Lacquer Maiuilacturing (dinpaiiy — An order has
been issued amending a complaint which charged Jacob Sw'immer,
trading as National Lacquer Manufacturing Co. and as National
Titanium Co., 123-131 Eleventh St., Brooklyn, with misleading
representation in the sale of paint.

According to the complaint as now amended, the respondent
has since transferred his place of business to 2330 East 37th St.,
Vernon, Calif., and from that address has mailed letters to various
States bearing the inscription “National Titanium Co., Pacific
Coast Division,” thereby representing that his Vernon, Calif., office
is only a branch of his business and that he has other branches
or divisions in various parts of the country. The amended com¬
plaint alleges that the respondent has only the one place of
business at Vernon, Calif.

The amended complaint further charges that the respondent’s
letters sent from Vernon, Calif., also contained the misleading
representations alleged in the original complaint. That complaint
has charged the respondent with representing that he maintained
w'archouses in cities other than Brooklyn, w'hcn such was not a
fact ; with price misrepresentations and other misleading assertions,
and with failure to disclose that his product “Genuine Synthetic
Outside White Paint’’ was a reconditioned, redissolved paint
product (4088).

1‘aseal Co., Inc., Seattle, Wash., has been ordered to cease and
desist from making misleading representations in the sale of
“Brealheasy,” a medicinal preparation.

404 — May 2, 1941

The Commission order directs the respondent to cease dis¬
seminating advertisements which represent that “Breatheasy” is
a cure, remedy or competent treatment for chronic bronchitis, or
for eczema, hives or other skin diseases, or which advertisements
fail to reveal that the respondent’s preparation cannot be safely
used by persons ill of high blood pressure, toxic goiter, diabetes or
heart disease.

The respondent is also ordered to cease representing that its
preparation is a remedy, cure or effective treatment for heart
disease or cardiac distress; for gastric ulcer; for inflammation of
the nose, throat, tonsils, larynx or lungs, or for neuralgia or
neuritis (3768).

HaiiHlton Koss Factories, Inc., Chicago, distributor of china-
ware, glassware, plated silverware, cutlery and other merchandise,
has been ordered to cease and desist from certain misrepresenta¬
tions.

Commission findings are that the respondent, using the word
“Factories” in its corporate and trade name, has implied that it
owned, controlled or operated a plant in which the products it
sells have been made, when in fact at the time the (Commission
complaint issued against the respondent, and for several years
prior thereto, the respondent was not a manufacturer.

The Commission further finds that the respondent advertised
in newspapers circulated in various States that certain of its
silverware is “heavily plated,” a term which implies to purchasers
that this ware is of a quality and grade superior to the lower grades
of plated silverware. In fact, the findings continue, such silver¬
ware is not heavily plated but corresponds approximately to
Grade A-1 of household silverware, the lowest grade to which
quality marks are regularly applied.

The Commission order prohibits the respondent from represent¬
ing that it manufactures the products it sells unless and until it
actually owns and operates or directly controls the plants in
which such products are made, and directs the respondent to cease
making the representations as found concerning use of the term
“heavily plated” as applied to plated silverware (4040).

Sherry’s Cut Kate Drug Co., Ine., Bluefield, W. \'a., has been
ordered to cease and desist from disseminating advertisements
which represent that the preparation known as “Mrs. Bee Femo
Caps” constitutes a competent or effective treatment for delayed
menstruation, and that its use is safe or harmless, or which adver¬
tisements fail to reveal that use of the product may cause gastro¬
intestinal disturbances and other serious consequences.

In September, 1940, the United States District Court for the
Southern District of West Virginia issued an order restraining the
respondent from further dissemination of certain advertisements
of its preparation until the Commission issued a complaint against
the respondent and finally disposed of the proceeding (4345).

Soniiuersville Manufacturing Co., Somersville, Conn., and its
selling agents, J. J. O’Donnell and Clinton Ellis, trading as O’Don¬
nell and Ellis, 450 Seventh Ave., New York, has been ordered
to cease and desist from making misleading representations in the
sale of textile fabrics.

Commission findings are that the respondent manufacturing cor¬
poration, through the respondent selling agents, sells its fabrics
to coat and garment manufacturers and that through the use of
labels the respondents have represented that certain fabrics and
the garments manufactured therefrom are composed entirely of fiber
made from camel’s hair when in fact they have contained substantial
percentages of wool, mohair, and other fibers.

The Commission order directs the respondents to cease using the
words “Camel’s Hair” or “Camel” or other terms descriptive of
camel’s hair on labels or otherwise to describe any fabric or product
not composed wholly of camel’s hair, provided that when fabrics
or products are composed in part of camel’s hair and in part of
other fibers such terms may be used as descriptive of the camel’s
hair content if other words truthfully designating each con¬
stituent fiber are used in immediate connection and in type of
at least equal conspicuousness.

The respondents also are ordered to cease employing any pic¬
torial design of a camel in connection with any description of
fabrics or products in which camel’s hair is not the predominating
fiber, and to cease representing in any manner that fabrics or prod¬
ucts which they offer or sell contain camel’s hair in greater quantity
than is actually the case (4324).

John J. Tracey Co., 11102 Merchandise Mart, Chicago, dis¬
tributor of toilet articles and soap, has been ordered to cease and
desist from using the word “English” or other similar words to de¬
scribe soap not made in England.

Commission findings are that the respondent corporation repre¬
sented that its soap is of English origin by printing on the shipping
cartons and boxes and by stamping on the soap the representations
“English Lilac”, “English Honeysuckle”, “English Orchid,” “Eng¬
lish Carnation”, and “Flaroma English Cold Cream Soap”, when
in fact these soaps were made in the United States (4315).

April Index

Page

Advertising Club of Baltimore to Honor WBAL 372

Aluminum Discs ^ 352

Broadcast Music, Inc. 313-332-355-366

Acquires New Hit Tunes . 366

ASCAP Situation . . 349

Bards Get Booty . 314

BMI at Work 366

Celebrates First Anniversary 313

Continues to Pioneer 315

Copyright Infringement and Libel Insurance 367

Demand for BMI Music 332

Feature Tunes 314-332-356-367

HAS Things in Control 355

License Renewals Go Over the Top 313

Lullaby Lane is Road to Success 333

More Mexican Hits from Peer 315

Mother’s Day Song 366

Music Booms “Pot O’ Gold” 333

Music for the Army 366

New BMI Song Makes Hit — “My Sister and I” 332

New Hit Makers to the Fore 355

New Lyrics for Familiar Music 367

New Numbers Among the Leaders 314

Seven Months’ Change . 356

Tunes in Pictures 314

Tunes Sung by Movie Audiences 367

Consumer Education Conference — April 7-9 352

Defense Job Training 373

Engineering 336

Interference Conference 336

Weather Stations 336

Federal Communications Commission 320-337-356-373

Cairo Treaty 357

Consolidation of Four Brooklyn Stations

Authorized 356

Cooper Resigns 321

FM Applications 337

Gross Heads Engineering Division 337

Improved Reception Under Frequency Shift
Noted 321

Monopoly Report 338-373

Orders Hearing on Southeastern Texas Commu¬
nications Problems 338

Radio Apparatus for Use in Emergencies 373

Revocation Orders Vacated 320

Ring Resigns 321

WBAX License Renewal Denied 320

Page

Frequency Modulation Applications 337

Labor 352

Job Changes 352

Legislation 320-337-371

Daylight Saving 320-372

Federal Legislation 320-337-371

State Legislation 320-337-372

NAB 317-331-333-350-365

Amendments to By-Laws 318

Convention 317-331-350-365

Banner Attendance Probable 317

Exhibits 317

Golf Tournament 331

Ladies Invited 331

Non-Member Stations 332

Program Shapes Up 350

Promotional Display and Exhibits 317-331

Registration Fee 331

St. Louis Broadcasters Lay Plans 351

District Meetings 333-351

District 5 351

Districts 3&7 333

Insurance Committee Meets 368

Insurance Rates 368

“Malaya” Matter 334

Pellegrin Reports 318

Publications 372

Newspaper Owned Stations Organize 372

Ohio State Education Conference — May 4-7 351

Peabody Radio Award Winners 315

Promotion 318-335

“56 Days” Successful 335

Public Relations Job 336

Radio’s Movin’ Day . 318

Sales 334-352-370

AFA Convention — May 25-29 370

Advertiser Threatens Suit 335

American Meat Institute 370

Aviation Schools Good Prospects 353

Code Committee 370

Cooperative Advertising Approved 335

Cost-Per-Inquiry 317-335-353

Bible Press 317

Frasek Company 317

Hicks Advertising Agency 355

Mendenhall Manufacturing Company 354

Murray Hill Topman & Company 317

Rogers & Smith Advertising Agency 335

Develop Replacement Revenue 370

Duensing and Company — Waterman Fountain
Pens 317

Free Time Requests 353-371

Fish and Wildlife Service 371

Forstmann Woolen Company 371

Investment Bankers Association of America
— Selvage & Smith 371

Selvage & Smith 371

Society of Inter-American Relations 354

You Can Defend America 371

Golden Glint Company, Inc., Invitation to Cut

Rates 371

Radio Checking Service 353

Sales Manager’s Meetings 334-352

Fourth District Meeting 334

Savings and Loan Gains 370

Sears-Roebuck Buys Baseball 353

Success Stories Needed 35^

May 2, 1941 — 405

I

1626 K STREET, N. W.

WASHINGTON, D. C.

Vol. 9, No. 19, May 9, 1941

IN THIS ISSUE

A Factual Analysis of ASCAP’s Proposal
to MBS Stations Page 409.

The New Network Rules, and the FCC’s
Majority and Minority Reports, Page 414.

Convention Program

SUNDAY, MAY 11

2 :30 p.m. Public Relations Committee Room 2

6:00 p.m. Board of Directors, Broadcast

Music, Inc. Room 3

9:00 a.m.

MONDAY, MAY 12

to Registration
5 :00 p.m.

10:00 a.m. Engineering Committee
Legislative Committee
Research Committee
Sales Managers’ Executive Com¬
mittee

1 1 :30 a.m. NAB Bureau of Copyrights, Board
of Directors
Insurance Committee
2:30 p.m. NAB Annual Golf Tournament

Mezzanine Floor

Room 8
Room 2
Room 7

Room 6

Room 8
Room 9
Sunset Hill

(The BROADCASTING MAGAZINE Trophy)
Entries and Transportation arrangements
may be made at the time of Registration
7:00 p.m. NAB Board of Directors Room 3

Accounting Committee Room 8

Code Committee Room 7

Labor and Wages and Hours

Committees Room 6

TUESDAY, MAY 13

8:30 a.m. Independent Radio Network Affi¬
liates (IRNA) Board of Direc¬
tors Breakfast Room 2

10:00 a.m. Business session Ivory Room

Neville Miller, presiding
President’s Annual Report
Appointment of Convention
Committees

Secretary-Treasurer’s Annual
Report

Proposed Amendments to By-
Laws

Report of Nominating Commit¬
tee

THE RELATION OF RADIO
TO THE NATIONAL DE¬
FENSE

Major General Robert C. Rich¬
ardson, Jr., Public Relations
Director, U. S. Army
Commander H. R. Thurber,

Public Relations Officer,

U. S. Navy

Hon. James Lawrence Fly,

Chairman, Federal Commu¬
nications Commission and
Federal Defense Communi¬
cations Commission
Lowell Mellett, Director, Office
of Government Reports

12:30 p.m. Luncheon Gold Room

1:15 p.m. Addressof Welcome, Hon. Forrest
C. Donnell, Governor of Mis¬
souri

1:20 p.m. Address of Welcome, Hon. Will¬
iam Dee Becker, Mayor of St.

Louis

1 :30 p.m. Address : Hon. Henry A. Wallace,

Vice President of the United

States of America (Continued on page 408)

You Can t Afford to Miss the NAB Convention

May 12, 13, 14, 15

New Jefferson Hotel St. Louis

May 9, 1941 — 407

WEDNESDAY, MAY U— Continued

Neville Miller, President C. E. Arney, Jr., Assistant to President

Edward M. Kirby, Director of Public Relations; Joseph L. Miller.
Director of Labor Relations ; Frank E. Pellegrin, Director of
Broadcast Advertising : Paul F. Peter, Director of Research ;
Russell P. Place, Counsel; Lynne C. Smeby, Director of Engineering

CONVENTION PROGRAM
( Continued from page 407 )
TUESDAY, MAY U— Continued

2:15 p.m. Group Meetings

Independent Radio Network
Affiliates (IRNA)

National Independent Broad¬
casters (NIB)

Sales Managers’ Executive Com¬
mittee, Sales Managers’ Gen¬
eral Committee, Station Repre¬
sentative Associate Members,
and Agency Representatives
4:15 p.m. Clear Channel Group

Regional Channel Group
Local Channel Group

Ivory Room
Room 9

Room 1
Room 9
Room 8
Ivory Room

WEDNESDAY, MAY 14
8:30 a.m. Breakfast Sessions

(NAB Staff Directors, presiding)
Coordination of National De¬
fense Broadcasting Public
Relations Roundtable — Ed¬
ward M. Kirby, presiding
Department of Broadcast Ad-
vertisingRoundtable Frank
E. Pellegrin, presiding
Engineering Roundtable —
Lynne C. Smeby, presiding
Foreign Language Broadcast¬
ing Roundtable - Neville
Miller, presiding
Law Roundtable, Russell P.

Place, presiding
Labor, Wages and Hours
Roundtable — Joseph L.
Miller, presiding
Research Roundtable Paul F.
Peter, presiding
10:00 a.m. Business Session

Neville Miller, presiding
“The Music Situation”

Reports by

Sydney M. Kaye, Vice Presi¬
dent and General Counsel,
Broadcast Music, Inc.
Merritt Tompkins, Vice Presi¬
dent and General Manager,
Broadcast Music, Inc.

Carl Haverlin, Stations Rela¬
tions Director, Broadcast
Music, Inc.

Room 9

Room 1
Room 3

Room 8
Room 6

Room 7

Room 2
Ivory Room

408 — May 9, 1941

12:30 p.m. Luncheon

1 :20 p.m. Address of Greeting, Hon. Dwight
L. Greene, Governor of Illi¬
nois

2:15 p.m. Business Session

Neville Miller, presiding
“The Music Situation” continued
Copyright Insurance, Russell P.

Place, NAB Counsel
Recording Standards
Daylight Saving, John J. Gillin,
WOW, NAB Director, District
11; Paul F. Peter, NAB Re¬
search Director; Jack W. Laem-
mar. Lord & Thomas

8:30 p.m. Evening Session
(Public Meeting)

THE RADIO SPECTRUM
Chairman and General Re¬
marks, C. J. Burnside, West-
inghouse Electric and Manu¬
facturing Company
Facsimile Broadcasting, John
V. L. Hogan, WQXR
Frequency Modulation Broad¬
casting, Major Edwin H.
Armstrong

Television Broadcasting, A. H.
Morton, National Broadcast¬
ing Company

International Shortwave Broad¬
casting, Edmund Chester,
Columbia Broadcasting Sys¬
tem

THURSDAY, MAY 15
8:30 a.m. Breakfast Sessions

Coordination of National Defense
Broadcasting Public Relations
Roundtable, Edward M. Kirby,
presiding

Department of Broadcast Adver¬
tising Roundtable, Frank E.
Pellegrin, presiding
Engineering Roundtable, Lynne
C. Smeby, presiding
BMI-Transcription Representa¬
tives Roundtable, Merritt
Tompkins, presiding
Labor, Wages and Hours Round¬
table, Joseph L. Miller, presid¬
ing

Law Roundtable, Russell P. Place,
presiding

Research Roundtable, Paul F.
Peter, presiding
10:00 a.m. Business Session

Neville Miller, presiding
E. Y. Flanigan, WSPD, Chairman,
NAB Sales Managers’ Execu¬
tive Committee, Chairman
“The Commercial Provisions of
the NAB Code,” Edgar Bill,
WMBD, Chairman NAB Code
Committee

Gold Room

Ivory Room

Gold Room

Room 9

Room 1
Room 3

Room 8

Room 7

Room 6

Room 2
Ivory Room

THURSDAY, MAY \S— Continued

“The Unit Plan of Volume Mea¬
surement,” William Scripps,
WW J, Chairman N AB Research
Committee

“Planning Today for Post-War
Business,” Colonel Willard
Chevalier, Publisher, BUSI¬
NESS WEEK

12 :30 p.m.
12:30 p.m.

2:15 p.m.

3 :00 p.m.

7:00 p.m.
7 :45 p.m.

“Broadcast Advertising, An In¬
dustry Job,” Frank E. Pelle-
grin, Director, NAB Depart¬
ment of Broadcast Advertising
Luncheon Session Gold Room

(Open to NAB members and As¬
sociate members only)

“The Radio Broadcasting Indus¬
try, Its Problems and Responsi¬
bilities, Mark Ethridge, WH AS,

NAB Director and past presi¬
dent

Business Session Ivory Room

Samuel R. Rosenbaum, WFIL,

Chairman NAB Labor Com¬
mittee, presiding
“Labor and the Broadcaster”

Open Discussion led by Joseph
L. Miller, Director of Labor Re¬
lations

Neville Miller, presiding
Election, Directors-at-Large and
Network Directors
Advisory Ballot on Site of 1942
Convention

Report of Resolutions Committee
Adjournment

Refreshment service preliminary

to Banquet Ivory Room

Nineteenth Annual NAB Banquet Gold Room
(See Banquet Menu and Program)

FRIDAY, MAY 16

9:00 a.m. Newspaper-Radio Committee Room 8
10:00 a.m. NAB Board of Directors Room 3

A Factual Analysis of ASCAP’s
Proposal to MB Stations

This is a factual analysis of proposals which ASCAP
has made to Alutual Broadcasting System, Inc., and to
(Mutual affiliates. Under the non-discrimination clauses
of the consent decree signed by ASCAP, these proposals
will presumably be available to all broadcasting stations
and networks. While each station will compute what
the proposals mean to it individually, the NAB, in ac¬
cordance with its established policy of supplying mem¬
bers with information on matters of industry interest, is
presenting in the Reports these proposals together with
this brief factual analysis which may be useful to mem¬
bers as a source of information.

It is, of course, impossible to state the precise legal
effect of the proposals until they have been reduced to
contract form. Moreover, it is impossible to cover in
detail in a brief memorandum all of the points involved
in such a complicated problem.

Under the recommendation made by the majority of
Mutual stockholders to Mutual affiliates, it is proposed
that ASCAP music be placed on the network prior to the
negotiation of individual station licenses covering local
business, and the cost thereof deducted from station pay¬
ments, provided that a majority in number of Mutual
affiliates approve the deduction of such cost. No refer¬
ence is made in the proposals as to what the situation
would be with respect to stations which do not assent
to the making of the deductions. Stations will have to
determine for themselves whether they wish to commit
themselves to payment for network service before the
actual submission and e.xecution of finalized agreements
covering their individual problems on local service.

According to the best estimates which can be made,
the cost of the proposed licensing plan, if adopted by
the entire industry and based on estimated 1940 net
time sales, would be as follows:

Payments by 781 Stations on National Non-Network

and Local Net Time Sales . $2,374,000

Payments on Network Payments to .\ffiliates . 764,000

Payments by Networks taking into account deductions

for wire lines and “Sales Commissions” . 753,000

Sustaining Fees of Stations . 723,000

Total Estimated Payments to .4SC.\P . $4,616,000

The proposals are not entirely clear as to whether the
charges are to be based on net time sales or, as in the case
of the June 1940 contracts tendered by ASCAP, upon
additional factors such as line charges, free hours, certain
talent costs, etc. In the event that the June 1940 pro¬
visions remain unchanged, this would of course increase
the amounts of all payments mentioned in this analysis.
Also in the event that ASCAP avails itself of its privi¬
lege of discontinuing, without reduction in payment, the
availability of its foreign repertory and stations find it
necessary to acquire the right to perform foreign music,
this would increase the amount which would have to be
paid for the former ASCAP repertory, some of which, it
will be remembered, is now controlled by BMP

The foregoing computation is based upon the 3% pay¬
ment fixed for the first four years of the proposal; con¬
siderably larger payments would be required when the
rate is increased to during the remaining four

years and seven months of the proposal. It is estimated
that the amount actually paid by the industry to ASCAP
in 1940 was $5,100,000. In the event that none of the
factors causing increase come into being, a comparison
with actual 1940 payments would indicate decreased pay¬
ments to ASC.\P of $484,000 in the event that we assume
that all stations would take out blanket licenses.

May 9, 1941 — 409

Comparison with the form of contract tendered by
ASCAP in June 1940 is also necessary. This can most
easily be made by taking stations in the groupings which
were set up by the tendered June 1940 contract. This
comparison is as follows:

(a) Stations with an annual revenue of $50,000 or
less get the same terms as were tendered in the June 1940
contract for the first four years of the proposal, without
reduction. For the remaining four years and seven
months of the proposal, the fee to the station is increased
from 3% to

( b ) Stations with an annual revenue of between $50,000

and $1 50,000 have a reduction in commercial fees of from
4'/f’ to 3'"/ for the first four years of the proposal and
from to for the next four years and seven

months of the proposal. These stations were, under the
June 1940 contract, offered a sustaining fee ecjual to
75''/ of the sustaining fee formerly paid by the station.
The annual sustaining fees, under the current proposal,
are twelve times the station’s highest hour rate with a
maximum of 1J4 times the station’s 1940 sustaining fees,
a potential increa.se of 100/ in sustaining fees. Stations
in this class will benefit or lose by the current proposal
depending on the ratio of gross business to card rate and
previous sustaining fees.

(c) Stations with a revenue of over $150,000 per
annum obtain a reduction from the June 1940 contract
of 2/ in commercial fees for the first four years of the
contract and 1)// in commercial fees for the remaining
four years and .seven months of the contract. Their sus¬
taining fees are subject to a potential 50% increase.
Stations in this category would appear to benefit from
the new iiroposal in so far as local and national spot
business is concerned.

(d) Networks, under the current proposal, will pay
less than they would have paid under the June 1940 con¬
tract lint would still pay a very substantial increase, as a
class, over actual 1940 payments. Deductions under the
new proposal decrease sharply from a maximum of 15'%
to a minimum of 1% in jiroportion to volume of business
done. The effect upon stations of increased payment by
the networks would depend on the extent to which the
cost to the network is passed along to stations. Stations
which are on more than one network or which expect
to receive programs from more than one network have
special problems which they will undoubtedly consider
in this connection.

The proposals relate to three forms of contracts ( 1 ) a
blanket single station license, (2) a per program single
station licen.se and (3) a network blanket licen.se. No per
program network license is submitted, apparently because
Mutual stockholders have voted to take a blanket network
license but stations have the privilege of accepting either
the per jirogram nr blanket licenses which are tendered.
'The per program |)roposal which is sulimitted camtains a

provision which permits ASC.\P to compel a broadcaster
to shift from a per program to a blanket basis in the event
that the return to ASCAP during any year is less than
2'/, of the station’s entire revenue. The broadcaster may
shift from the per program to the blanket basis if his
payments to ASCAP during any year are in excess of
5/;) of the station’s entire revenue. It will be noted that
the network blanket contract provides that if network
sustaining jirograms are broadcast by an affiliate which
does not have a local blanket license, as distinguished
from a per program license or no license at all, there must
be paid, with respect to such sustaining programs, a sus¬
taining fee of 1/} of the card rate applicable at the time
that the sustaining program is broadcast, with a maximum
monthly payment of one-half of the station’s highest one
hour card rate, but not exceeding three-fourths of the
1940 monthly sustaining fee; or the highest one hour rate,
not exceeding IjA times the monthly 1940 sustaining
fees, less actual sustaining fees paid by the station under
its individual per program contract. These sustaining
fees are in addition to commercial fees deducted by the
network.

The consent decree signed by ASCAP provides that
ASC.'M’ may not demand any percentage which is based
ui)on a percentage of revenue of programs which do not
include .ASCAP music. In our opinion, therefore, the
proposed per program contract, with its minimum of 2%
of the broadcaster's entire receipts, does not comply with
the terms of .ASCAP’s consent decree.

.Attention is directed to the N.AB Special Bulletin of
June 27, 1940 which was reprinted in Vol 8, No. 26, June
28, 1940, N.AB Repokts. This Bulletin pointed out that
the form of contract then submitted by ASC.AP was
unsatisfactory.

In the absence of a final contract incorporating all of
the terms of the current proposal, it is impossible to
judge how many of the defects of the June 1940 contract
will remain, although some defects appear to have been
eliminated. The full effect of the clause limiting the
right of ASC.AP to restrict compositions, for instance, can¬
not accurately be assessed until the language of the pro¬
vision is e.xamined, and there does not appear in the pro¬
posal anything with respect to the rates to be charged
by .ASC.AP on optional clearance at the source on electrical
transcriptions. It will also be noted that under the log¬
ging provisions of the per program contract it would
appear that any number which cannot be identified by
full title, author’s name, copyright proprietor’s name, and
if the number is performed from a recording, an identifica¬
tion of the record, is presumed to be an .ASC.AP number,
and that any ijrogram which contains a number which
cannot be so fully identified will pay the full ASC.AP
per program rate. Some of the.se matters may be covered
in the supi)lementary document which is on file in the

410 — May 9, 1941

Mutual oftices and which was not available to us at the
time of the preparation of this memorandum.

Mr. Gene Buck, as President of ASC/\P, has wired to
the x4ssociation that our telegram stating that the .4SCAP
proposal would be analyzed is construed “as an unlaw’-
ful interference with the realization of the benefits of that
contract. We hold you fully responsible for all damages
that we may suffer thereby. . . .” It goes without saying
that nothing in this analysis is intended to deter stations
from independently considering any proposals that are
submitted to them solely on the basis of their own ulti¬
mate wellbeing, and that this analysis is intended only as
an information service to NAB members. If any inad¬
vertent errors have been made, despite the care which
has been exercised, we shall be glad to correct them if
they are called to our attention.

A BLANKET SINGLE STATION LICENSE
PROPOSAL

ASCAP will issue a license granting to any station of the Mutual
Broadcasting System the use of all music in its repertoire or of any
of its associated or affiliated societies for local broadcasting only.

1 The consideration for the license will be:

A. Sustaining Fee:

A yearly sustaining fee of twelve times the highest
one hour published rate of the station, provided such
sum shall not exceed one and one-half times the sus¬
taining fee paid by the station during the year 1940, g

unless the gross amount paid to Station for the use of
its broadcasting facilities, for local broadcasts for 1940
or any year thereafter shall be less than $50,000, in
, which case the sustaining fee shall be $12 for the suc¬

ceeding year.

B. Commercial Fee:

In addition, the station, for the first four years of the g.

agreement, shall pay to ASCAP a sum of 3%, and for
the remaining term of the agreement a sum of 3J/2%,
of its net receipts from sponsors for the use of the
broadcasting facilities for local broadcasting.

The term “net receipts” from sponsors shall be con¬
strued to mean the gross amount paid by sponsor for ^

all local broadcasting facilities, less rate card discounts
(quantity and/or frequency) and any advertising
agency commission not to exceed 15% actually allowed
and paid to a recognized advertising agency.

2. No payment shall be required to be made hereunder with
respect to any local commercial program presented by tran¬
scription in the event that payment at the source has been
made with respect to such transcription program.

3. ASCAP will reserve the right to restrict, in good faith, the
broadcasting of compositions from musical comedies, operas,
operettas, and motion pictures, or any other composition
being excessively broadcast, only for the purpose of preventing
harmful effect upon such productions or compositions in
respect of other interests under the copyrights thereof. In
any case, however, ASCAP agrees that the maximum number
of compositions which may be at any time thus restricted
shall not exceed 500 and moreover limited licenses will be
granted upon application entirely free of additional charge, as

to restricted compositions if and when copyright owners
thereof are unable to show reasonable hazards to their major
interests likely to result from such broadcastings.

Provided, however, that in no case shall any charges “jree
plug” or other consideration be required in respect of any
permission granted to perform a restricted composition, and
further provided that in no event shall any composition, after
the initial broadcast thereof, be restricted for the purpose of
confining further broadcasts thereof to a particular artist,
station, network or program.

.^SC.^P will agree to maintain during the term of the agree¬
ment substantially the existing domestic repertoire, and agrees
to identify, save and hold station, sponsors, advertising agen¬
cies, and each of them, harmless, and defend them and each of
them from and against any claim, demand or suit that may
be brought against them or any of them with respect to ren¬
ditions given during the term hereof or any renewal, in accord¬
ance with this license, of musical compositions contained in
.^SC.A.P’s repertory heretofore or hereafter during the term
hereof copyrighted or composed by members of ASCAP.

The term of this agreement shall be for a period ending on
December 31, 1949.

6. ASC.4P agrees that if a more favorable license is granted
to any other comparable broadcasting station, station shall
have the right to avail itself of the terms thereof. ASCAP
agrees that any station may, upon request, inspect at the offices
of ASCAP, the original copy of any license agreement in effect
with any broadcasting station.

Royalty accountings, accompanied by payment in full,
shall be rendered to ASCAP on or before the twentieth of
each month covering the previous calendar month.

ASC.^P agrees to release and discharge station, advertising
agencies and sponsors from any and all liability and claims
whatsoever which may have heretofore arisen as a result of
the broadcast by station from and after Jan. 1, 1941, of any
composition or work copyrighted or composed by ASC.\P
members or as to which ASCAP shall have public performing
rights.

Station shall not be required to account for any sums re¬
ceived from political broadcasts.

PER PROGRAM SINGLE STATION
LICENSE PROPOSAL

For the purposes of this proposal, under which licenses to
publicly perform by broadcasting the ASCAP repertoire will
be upon request of any broadcaster issued, the different types
of radio programs are classified variously as follows:

A. Sustaining, Non-Musical:

Being a non-commercial, unsponsored local program,

containing no music.

B. Sustaining, Musical:

Being a non-commercial, unsponsored local program,

and which shall include or present in whole or any
part, any musical composition or work.

C. Commercial, Non-Musical:

Being a commercial, sponsored local program during

the presentation of which no musical composition or
work w'hatever, in whole or any part, is rendered.

It is to be understood that as to sports events (ex¬
cluding football games), parades and civic celebrations,
where music shall be performed under exclusive control

May 9, 1941 — 411

or direction of others than the licensee and shall he
merely incidental to the main event or celebration,
such programs shall nevertheless be regarded as com¬
ing under this heading.

D. CoMMERCL\L, Musical;

Being a commercial, sponsored local program, for the
public presentation of which the broadcasting facilities
of licensee have, for a consideration, been engaged by
the sponsor ; and which shall include or present in
whole or any part, any musical composition or work;
or the commercial sponsored broadcast of a football
game incident to which music is used; and so-called
“participating programs" using music.

E. Religious, Educational and Civic;

Being a non-commercial local program, sponsored by
a religious, educational, patriotic, political or civic as¬
sociation or group, and presented under its official
auspices, for which licensee grants the free use of
broadcasting facilities.

2. ,A.SCAP will make available to any radio broadcasting sta¬
tion a license to publicly perform the compositions copy¬
righted by its members, and by the members of affiliated
foreign societies upon a “per program basis” on the follow¬
ing terms and conditions;

In respect of the various types of programs the following
payments shall be made:

Sustaining, Non-Musical:

No payment.

Commercial, Musical:

If any or all of the musical content shall include, in
whole or any part, any ASCAP composition, an amount
equal to ten per cent (10%) of the net receipts of the
licensee from the commercial sponsor for the use of
the broadcasting facilities of the station, provided, how¬
ever, that if the music used shall be limited solely to a
single identical theme or signature and/or to a single
identical theme or signature and incidental bridge or
background music in connection with a program other¬
wise non-musical, the rate of payment shall be 3%;
and if only incidental bridge or background musical
accompaniment and/or any opening and/or closing
music (not constituting a theme or signature song) is
used in connection with a program otherwise non¬
musical, the rate shall be 1)4%.

Provided further that if the commercial broadcast
is of a football game, a sum equal to iyz% of the
amount charged by licensee to the commercial sponsor
shall be paid.

Sustaining, Musical;

If any or all of the musical content shall include, in
whole or any part, any ASC.AP composition, an amount
equal to one per cent (1%) of the regular published
full card rate of the station applicable for the broad¬
casting facilities used. In no case shall the maximum 6.

amount payable by licensee in respect of sustaining
programs during any year exceed either twelve times
the highest one hour published rate of the station or
one and one-half times the sustaining fee paid by the
licensee during the year 1940, whichever shall be less;
and [/rovided further that if such maximum amount is
guaranteeil then no payments based upon the above
percentage need be made.

Commercial, Non-Musical:

No payment.

Religious, Educational .and Civic;

No payment.

3. .Accountings:

.A, Licensee is to furnish, postage prepaid, to ASCAP
monthly a copy of the complete station log for each
day, in the form required by FCC Rules and Regula¬
tions, Part 3, Sec. 3.90, and as to each program there¬
upon listed as musical or having any musical content,
shall furnish ASC.AP a complete item-by-item list of
each musical composition rendered in whole or in part
during local programs. Such listing shall show, as
to each musical composition thus rendered, the full
title thereof, the name of the composer and/or author,
and name of the copyright owner as imprinted on the
published sheet music or orchestration. Titles may
not be abbreviated but must be shown in full. These
requirements apply to all such programs, without ex¬
ception, and regardless of the origin of the program.

B. Such report of each accountable local program shall,
if commercially sponsored, state the name of the spon¬
sor or sponsors, and the amount charged each sponsor.

C. Royalty accountings, accompanied by payment in
full shall be rendered to .ASCAP on or before the
twentieth of each month, covering the previous cal¬
endar month. Such statements shall show in respect
of each accountable program (a) the date of rendition,
(b) the title of the program, (c) the time rendered,
(d) the name of each sponsor and amount charged to
each, and (e) the listing of titles, composers, authors
and copyright owners.

D. All accountings in respect of local “commercial musi¬
cal programs” rendered in accordance with the fore¬
going, shall be understood to relate to the net receipts
of the station, construed to mean the gross amount
paid by the sponsor for all broadcasting facilities of
the station, less rate card discounts (quantity and/or
frequency) and advertising agency commission of not
exceeding fifteen per cent (1S%) if actually paid or
allowed to a recognized advertising agency.

E. Where renditions are by means of phonograph records,
program listings shall show the manufacturer’s brand
and serial number of the record.

4. .Any failure to comply with the requirements set out in
.Article 3 of this proposal as to the complete identification of
compositions performed on programs, shall create the pre¬
sumption that the music and/or compositions used were
ASCAP compositions.

5. No payment shall be required to be made hereunder with
respect to any local commercial program presented by tran¬
scriptions in the event that payment at the source has been
made with respect to such transcription programs.

.ASC.AP reserves the right to restrict, in good faith, the
broadcasting of compositions from musical comedies, operas,
operettas and motion pictures, or any other composition be¬
ing excessively broadcast, only for the purpose of preventing
harmful effect upon such productions or compositions in
respect of other interests under the copyrights thereof. In
any case, however, ASC.AP agrees that the maximum number
of compositions which may be at any time thus restricted
shall not exceed 500 and moreover limited licenses will be

412 — May 9, 1941

granted upon application, entirely free of additional charge,
as to restricted compositions if and when copyright owners
thereof are unable to show reasonable hazards to their major
interests likely to result from such broadcastings.

Provided, however, that in no case shall any charge, “free
plug,,’’ or other consideration be required in respect of any
permission granted to perform a restricted composition; and
further provided that in no event shall any composition,
after the initial broadcast thereof, be restricted for the pur¬
pose of confining the further broadcasts thereof to a par¬
ticular artist, network, station or program.

7. ASC.AP agrees to maintain during the term of the agree¬
ment substantially the e.xisting domestic repertoire, and agrees
to indemnify, save and hold licensee, sponsors, advertising
agencies and each of them harmless, and defend them and
each of them from and against any claim, demand or suit
that may be brought against them or any of them with re¬
spect to renditions given, in accordance with this license, of
musical compositions contained in ASCAP’s repertory hereto¬
fore or hereafter copyrighted or composed by members of
ASCAP.

8. The term of the agreement may at election of licensee be
fixed to cover any portion of the time between effective date
and December 31, 1949, and, notwithstanding anything herein
to the contrary, if during any year of the license period the
total payments per annum made by licensee to ASCAP shall
be less than 2% of the total “net receipts” of the station for
broadcasting facilities, as the term “net receipts” is defined
in the blanket license proposal for single stations simultane¬
ously submitted by ASCAP, ASCAP may require licensee to
change to the blanket licensing basis for remainder of the
term, and licensee will agree to accept such blanket basis, or
if such payments shall exceed 5% of such “net receipts”
licensee may require ASCAP to change the formula to such
basis for remainder of the license period and ASCAP will
agree to accept such blanket basis; such option to be exer¬
cised within sixty days following the end of the applicable
license year in which such total “net receipts” shall be less
than or shall exceed the applicable percentage, the new basis
to be effective as of the beginning of the license year within
which such option was exercised.

9. ASCAP agrees that if a more favorable license is granted
to any other comparable broadcasting station, the licensee
shall have the right to avail itself of the terms thereof.
ASCAP agrees that any licensee may, upon request, inspect
at the offices of ASCAP the original copy of any license agree¬
ment in effect wdth any broadcasting licensee.

10. ASCAP agrees to release and discharge licensee, advertising
agencies and sponsors from any and all liability and claims
w'hatsoever which may have heretofore arisen as a result of
the broadcast from and after January 1, 1941, by licensee of
any composition or work copyrighted or composed by ASC.'M’
members or as to which ASC,\P shall have public perform¬
ing rights.

NETWORK BLANKET LICENSE
PROPOSAL

ASCAP w'ill issue a license granting to the Mutual Broadcasting
System the use of all music in its repertoire and of any of its asso¬
ciated or affiliated societies.

1. The consideration for the license to the Mutual Broadcasting
System shall be;

A. Sustaining Fee:

(a) As to stations affiliated with Mutual having a
Single Station License from ."^SCAP under w'hich the
said stations guarantee to pay to ASCAP an agreed
upon amount fixed in dollars for the use of ASCAP
music in sustaining programs, ASCAP will grant to
Mutual a license to broadcast sustaining programs to
such stations upon the payment to it of the sum of
One Dollar annually.

(b) In the event of a situation arising in which any
of the Mutual stations does not have a Single Station
License from ASC.AP, or if such license is a Per Pro¬
gram License and the station has not guaranteed to pay
to ASCAP, an agreed upon amount fixed in dollars for
the use of ASC.‘\P music in sustaining programs, then
Mutual may supply its sustaining programs to such
stations upon the payment to ASCAP of a sum equal
to one per cent of the applicable card rate of each such
affiliated station receiving and rebroadcasting the said
sustaining program for the time consumed, provided,
however, that in no case shall the maximum amount
payable b>' Mutual in respect of any such station for
sustaining programs exceed either: (a) a monthly pay¬
ment equal to one half of the highest one hour published
card rate of the station but in no event more than three
quarters of the monthly sustaining fee paid by the
station during the year 1940, or (b) the difference be¬
tween twice the amount stated in subdivision (a) hereof
and the actual sum paid during such month by the
station for sustaining fees; whichever of such amounts
shall be less.

B. Commercial Fee:

Mutual further, for the first four years of the agree¬
ment, shall pay to ASCAP a sum of 3%, and for the
remaining term of the agreement, a sum of 3j/2%, of its
“net receipts after deductions” (as hereinafter defined)
received during each year for the use of the broadcasting
facilities of the stations over which the sponsored pro¬
grams are broadcast.

The term “net receipts” from sponsors shall be con¬
strued to mean the gross amount paid by sponsor dur¬
ing such year for all network broadcasting facilities,
less rate card discounts (quantity and/or frequency)
and any advertising agency commission not to exceed
13% actually allow'ed and paid to any recognized ad¬
vertising agencies.

The term “net receipts after deductions" shall be con¬
strued to mean the net receipts from sponsors during
such year, less the sum of the following deductions:

(a) An amount equal to the actual cost to Mutual,
its members and affiliates, of all program transmission
lines used during such year in the transmission of net¬
work programs from any member or affiliate station to
any other member or affiliate stations, but shall not
Include any program transmission lines extending from
a member or affiliate station to the point of origination
of a remote control program. Neither shall it include
the cost of an\- program transmission lines maintained
by a regional netw'ork affiliate of Mutual other than the
program transmission line connecting the key station
of such regional network with any other member or
affiliate (other than an affiliate of such regional net¬
work) of Mutual.

May 9, 1941 — 413

(b) A sales commission on the net receipts I'rom
sponsors for such year equal to the sum of the following:

Fifteen per cent (15%) on the first One million
dollars ($1,000,000) or less of such net receipts;

Twelve and one-half per cent (12J^%) on the next
Two million dollars ($2,000,000) or less of such net
receipts ($1,000,000 to $3,000,000);

Ten per cent (10%) of the next Three million dol¬
lars ($3,000,000) or less of such net receipts ($3,000,-
000 to $6,000,000) ;

Seven an one-half per cent (7^4%) of the next
Four million dollars ($4.000 000) or less of such net
receipts ($6,000,000 to $10,000,000) ;

Five per cent (5%) of the next Five million dollars
($5,000,000) or less of such net receipts ($10,000,000
to $15,000,000) ;

Two and one-half per cent (2}/%) of the next F’ive
million dollars ($5,000,000) or less of such net re¬
ceipts ($15,000,000 to $20,000,000) ; and

One per cent (1%) of all net receipts in excess of
Twenty million dollars ($20,000,00).

2. No payment shall be required to be made hereunrler with
respect to any network commercial program presented by
transcription in the event that payment at the source has
been made with respect to such transcription program.

3. ASCAP will reserve the right to restrict, in good faith, the
broadcasting of compositions from musical comedies, operas,
operettas, and motion pictures, or any other composition being
excessively broadcast, only for the purpose of preventing harm¬
ful effect upon such productions or compositions in respect
of other interests under the copyrights thereof. In any case,
however, ASCAP agrees that the maximum number of com¬
positions which may be at any time thus restricted shall not
exceed 500 and moreover limited licenses will be granted upon
application entirely free of additional charge, as to restricted
compositions if and when copyright owners thereof are unable
to show reasonable hazards to their major interests likely to
result from such broadcastings.

Provided, however, that in no case shall any charges “free
plug” or other consideration be required in respect of any
permission granted to perform a restricted composition and
further that in no event shall any composition, after the ini¬
tial broadcast thereof be restricted for the purpose of con¬
fining further broadcasts thereof to a particular artist, sta¬
tion, network or program.

4. ASCAP will agree to maintain during the term of the agree¬
ment substantially the existing domestic repertoire, and agrees
to indemnify, save and hold Mutual, its member and affiliate
stations, sponsors, advertising agencies and each of them harm¬
less, and defend them and each of them from and against any
claim, demand or suit that may be brought against them or
any of them with respect to renditions given during the term
hereof or any renewal in accordance with this license of musical
compositions contained in ASCAP’s repertory heretofore or
hereafter during the term hereof copyrighted or composed
by members of ASCAP.

5. The term of this agreement shall be for a period ending
on December 31, 1949.

6. Royalty accountings, accompanied by payment in full shall
be rendered to ASCAP on or before the twentieth of each
month, covering the previous calendar month. In view' of the
fact that under Article 1, Subdivision B, subdivisions a and
b, provisions are made for deductions on an annual basis, it
is agreed that these items will be made with a final readjust¬
ment to be made within thirty days after the end of each fiscal
year. .Accountings and payments shall be made on a billing
basis, with a right of deduction for bad accounts and dis¬

counts allow’ed or rebates paid. The periods for less than a
full fiscal year at the beginning and end of this agreement shall
be pro rated.

7. ASCAP agrees to release and discharge Mutual, its member
and affiliate stations, advertising agencies, and sponsors from
any and all liability and claims whatsoever which may have
heretofore arisen as a result of any network broadcast over
the Mutual netw'ork from and after January 1, 1941, of any
composition or w'ork copyrighted or composed by ASCAP
members or as to which .ASCAP shall have public performing
rights.

8. Mutual shall not be required to account for any sums re¬
ceived from political broadcasts.

The New Network Rules

RULES APPLICABLE TO STATIONS EN¬
GAGED IN CHAIN BROADCASTING

jMay 2, 1941.

Whereas, the Commission, on March 18, 1938, by Or¬
der No. 37, authorized an investigation “to determine
what special regulations applicable to radio stations en¬
gaged in chain or other broadcasting are recjuired in the
public interest, convenience, or necessity;”

Whereas on April 6, 1938, the Commission appointed a
Committee of three Commissioners to supervise the inves¬
tigation, to hold hearings in connection therewith, and “to
make reports to the Commission with recommendations
for action by the Commission;”

Whereas the Committee held extensive hearings and
on June 12, 1940, submitted its report to the Commission;

WTereas briefs were filed and oral arguments had upon
the Committee report and upon certain draft regulations
issued for the purpose of giving scope and direction to
the oral arguments; and

Whereas the Commission, after due consideration, has
prepared and adopted the Report on Chain Broadcasting
to which this Order is attached;

Now, therefore, it is hereby ordered, That the follow¬
ing regulations be and they are hereby adopted:

Licensing Requirements

§3.101 Exclusive affiliation of station. No license shall be
granted to a standard broadcast station having any contract, ar¬
rangement, or understanding, express or implied, with a network
organization (The term “network organization” as used herein
includes national and regional network organizations.) under
which the station is prevented or hindered from, or penalized for,
broadcasting the programs of any other network organization.*

*§§3.101 to 3.108, inclusive, issued under the authority con¬
tained in Sec. 4 (i), (j), 48 Stat. 1068; 47 U. S. C. 154 (i), (j),
Sec. 303 (b), (f), (g), (i), 48 Stat. 1082; 47 U. S. C. 303 (b), (f),
(g), (i), sec. 303 (r), 50 Stat. 191; 47 U. S. C. 303 (r), 308 (a),
(b), 48 Stat. 1084; 47 U. S. C. 308 (a), (b), sec. 309, 48 Stat. 1085;
47 U. S. C. 309, sec. 311, 48 Stat. 1086; 47 U. S. C. 311, sec. 313, 48
Stat. 1086; 47 U. S. C. 313, sec. 314, 48 Stat. 1088; 47 U.
S. C. 314.

§3.102 Territorial exclusivity. No license shall be granted to a
standard broadcast station having any contract arrangement, or

414 — May 9, 1941

understanding, express or implied, with a network organization
which prevents or hinders another station serving substantially
the same area from broadcasting the network’s programs not
taken by the former station, or which prevents or hinders another
station serving a substantially different area from broadcasting
any program of the network organization.*

§ 3.013 Term of afjiUation. No license shall be granted to a
standard broadcast station having any contract, arrangement, or
understanding, express or implied, with a network organization
which provides, by original term, provisions for renewal, or other¬
wise, for the affiliation of the station with the network organiza¬
tion for a period longer than one year; Provided, That a contract,
arrangement, or understanding for a one-year period, may be
entered into within sixty days prior to the commencement of such
one-year period.*

§3.104 Option time. No license shall be granted to a standard
broadcast station having any contract, arrangement, or under¬
standing, express or implied, with a network organization which
prevents or hinders the station from scheduling programs before
the network finally agrees to utilize the time during which such
programs are scheduled, or which requires the station to clear
time already scheduled when the network organization seeks to
utilize the time.*

§3.105 Right to reject programs. No license shall be granted
to a standard broadcast station having any contract, arrangement,
or understanding, express or implied with a network organization
which (a), with respect to programs, offered pursuant to an affilia¬
tion contract, prevents or hinders the station from rejecting or
refusing network programs which the station reasonably believes
to be unsatisfactory or unsuitable; or which (b), with respect to
netw'ork programs so offered or already contracted for, prevents
the station from rejecting or refusing any program which, in its
opinion, is contrary to the public interest, or from substituting a
program of outstanding local or national importance.*

§ 3.106 Network ownership of stations. No license shall be
granted to a network organization, or to any person directly or
indirectly controlled by or under common control (The word
“control” as used herein, is not limited to full control but includes
such a measure of control as would substantially affect the avail¬
ability of the station to other networks.) with a network organ¬
ization, for more than one standard broadcast station where one
of the stations covers substantially the service area of the other
station, or for any standard broadcast station in any locality
where the existing standard broadcast stations are so few or of
such unequal desirability (in terms of coverage, power, frequency,
or other related matters) that competition would be substantially
restrained by such licensing.*

§3.107 Dual network operation. No license shall be issued to
a standard broadcast station affiliated with a network organiza¬
tion which maintains more than one network: Provided, That
this regulation shall not be applicable if such networks are not
operated simultaneously, or if there is no substantial overlap in
the territory served by the group of stations comprising each
such network.*

§ 3.108 Control by networks of station rates. No license shall
be granted to a standard broadcast station having any contract,
arrangement, or understanding, expre.ss or implied, with a network
organization under which the station is prevented or hindered
from, or penalized for, fixing or altering its rates for the sale of
broadcast time for other than the network’s programs.*

It is further ordered. That the regulations in § § 3.101-3.108 shall
become effective immediately; Provided, That, with respect to
existing contracts, arrangements, or understandings, or network
organization station licenses, the effective date shall be deferred
for 90 days from the date of this order; Provided further. That
the effective date of §3.106 may be extended from time to time
with respect to any station in order to permit the orderly disposi¬
tion of properties.*

By the Commission.

T. J. Slowie,

(Seal) Secretary.

(F. R. Doc. 41-3288: Filed, May S, 1941; 12:15 p. m.)

The FCC Report

Following is the text of the FCC’s summan^ of its
report on the new rules for network broadcasting:

Regulations designed to “foster and strengthen network broad¬
casting by opening up the field to competition” are contained in a
Federal Communications Commission order made public today.
Accompanying the order is the Commission’s “Report on Chain
Broadcasting,” which explains the new regulations and states the
premises on which they are based.

“The regulations which we are promulgating,” says the Commis¬
sion, “are designed to preserve without less the contributions of
network broadcasting to the public and to the affiliated stations,
while ensuring that licensees will exercise their responsibilities
under the law. VVe believe that these regulations will foster and
strengthen network broadcasting by opening up the field to com¬
petition.”

:}j ^

The Commission finds a variety of restraints in the present
station-network relationships which impair the ability of stations
to render service in the public interest. By removing these re¬
straints, the Commission states, there should result “an increased
number of networks, and, consequently, a larger supply of avail¬
able network programs and a wider latitude for all stations in
obtaining network programs.” There should also result “a gain
in quality as well as quantity as a result of increased competition
among networks * * *. Not only the more powerful stations,
but those with less desirable facilities, and the public as well,
will benefit.”

The Commission notes that there exists only two alternatives to
competition as a means for protecting the public interest in radio
broadcasting: government ownership and detailed regulation of
the kind applicable to railroads and telephone companies. The
Commission rejects both of these alternatives. It states: “We
believe * * * that competition, given a fair test, will best protect
the public interest. That is the .American system.”

* * *

Six of the eight regulations are designed to remove the restraints
upon stations contained in most station-network affiliations con¬
tracts. Under the new regulations, an affiliation contract may not
restrain a station from carrying programs offered by any netw'ork,
or restrict a network to one station in an area. It may not bind
a station to a network for more than one year, and must leave
each station free to schedule such programs as the station considers
to be in the public interest. It may not contain an option clause
requiring a station to cancel other programs merely because the
network offers a program for the optioned hour; nor may it de¬
prive a station of the final decision as to what programs shall or
shall not be broadcast.

Finally, an affiliation contract may not deprive a station of the
right to set its own rates, and to compete freely with networks
for advertising revenues. Thus, according to Chairman Fly, “the
new regulations might properly be called a Magna Carta for
American broadcasting stations.”

Says the Commission;

“This report is based upon the premise that the network sys¬
tem plays a vital role in radio broadcasting and has brought
great benefits to it. We have carefully drawn our regulations so
as not to interfere with any of the three major functions which a
network performs — the sale of time to advertisers; the production
of programs, both commercial and sustaining; and distribution
of programs to stations.”

The report further states:

“We are concerned * * * with insuring that at reasonable inter¬
vals a station will be free to change its regular network affiliation,
and. as occasion requires, to broadcast the programs of networks
with which it is not regularly affiliated, and to exercise independ¬
ent judgment in rejecting or refusing network programs. To the
extent that the networks’ present status rests upon excellence of
service rather than coercive power, it will remain substantially
unaffected.”

May 9, 1941 — 415

The regulations are designed not merely to introduce competition
among existing networks, but also to open the door to new net¬
works. Says the report;

“The exclusion of new networks from the industry is especially
onerous because of the failure of existing networks to render
service on a truly national basis. They have left a number of
communities, especially in the West and Middle West, wholly
without network service, and many more with inadequate service
or service from only one netw'ork. Under such circumstances, it
is especially important to keep the door open for new networks
which may be willing to serve areas now unprovided for.”

ij: ^

In laying the foundation for its discussion of the current netw'ork
situation, the Commission report deals wdth the history of the
Columbia Broadcasting System (CBS) and the Mutual Broadcast¬
ing System (Mutual) ; and places particular stress upon the his¬
tory of the National Broadcasting Co. (NBC), and its parent.
Radio Corporation of America (RC.A). “NBC is but a branch —
though an important branch — of (RCA), a corporate enterprise
which straddles the fields of communication, radio-equipment
manufacture, and entertainment,” the Commission declares, and
adds:

“RC.A was originally founded to utilize wireless techniques for
the transmission of messages; today it bestrides whole industries,
dwarfing its competitors in each. * * * RCA occupied a premier
position in fields which are profoundly determinative of our way
of life. * * * Whether this ramified and pow'erful enterprise with
its consistent tendency to grow and to expand into new fields at
the expense of smaller independent concerns is desirable, is not
to be decided here. We have thought it proper, how^ever, to call
the attention of Congress and the public to the broader problems
raised by this concentration of power in the hands of a single
group.”

* * *

The report notes that stations utilizing roughly 97 per cent of
the nation’s total nighttime broadcasting power are affiliated
with the three major networks. .All but tw'o of the nation’s dear-
channel stations are affiliated with NBC or CBS and the remaining
two (WOR and WGN) owm Mutual. Eighteen of the Nation’s
most powerful and most desirable stations are licensed directly
to NBC or CBS.

The Commission comments:

“The United States has rejected government ownership of
broadcasting stations, believing that the power inherent in control
over broadcasting is too great and too dangerous to the mainte¬
nance of free institutions to permit its exercise by one body, even
though elected by or responsible to the whole people. But in
avoiding the concentration of power over radio broadcasting in
the hands of government, we must not fall into an even more
dangerous pitfall: the concentration of that pow-er in the hands
of self-perpetuating management groups.”

* * *

One of the eight new regulations concerns the ownership of
stations by netw'orks, as distinguished from the affiliation of sta¬
tions with networks by contract. The report notes that 18 of
the most powerful and desirable stations in the country are at
present licensed directly to NBC or CBS. “Competition among
networks for these facilities is non-existent,” says the Commission
in discussing this “bottling-up” of the best stations. It finds that
“the licensing of two stations in the same area to a single network
organization is basically unsound and contrary to public interest,”
and that “it is against the public interest for networks to operate
stations in areas where the facilities are so few or so unequal that
network competition is seriously restricted.” The Commission
concludes;

“Subject to the right and opportunity of CBS and NBC to show
at hearing in a particular case that i)ublic interest requires other¬
wise, the Commission will not license to a single netw'ork organiza¬
tion more than one station within a given area, nor wilt it license
stations to any network organization in communities w’here the

416 — May 9, 1941

available outlets are so few or of such unequal desirability as to
require that all facilities be open to competition among networks
for outlets and among stations for networks,”

j{c ^

The Commission occasionally contrasts Mutual with NBC and
CBS in respect to size, structure, and mode of operation, but
makes it clear that in so doing it does not seek to approve Mutual
practices or to set them up as ideals or models. “On the con¬
trary,” it observes, “we find a tendency in Mutual to follow the
paths toward restrictive practices blazed by CBS and NBC.”

* * *

Another of the new regulations concerns the operation of more
than one network by one organization. The report notes: “The
operation of the Red and Blue networks by NBC gives it a de¬
cided competitive advantage over the other two networks.” It
further notes that NBC’s Red and Blue networks do not compete
with one another, and that “the Blue has had the effect of acting
as a buffer to protect the powerful Red against competition. * * *
NBC has utilized the Blue to forestall competition with the Red.”

The Commission concludes that “it is not in public interest for
a station to enter into a regular affiliation contract w'ith a net¬
work’s organization maintaining more than one network.” It adds:

“Under any system of broadcasting, someone must decide what
a station will put on the air and what it will not. * * =■= Decen¬
tralization of this power is the best protection against its abuse.
We cannot permit the protection which decentralization affords
to be destroyed by the gravitation of control over two major net¬
works into one set of hands. While the concentration of power
resulting from operation of a network is unavoidable, the further
concentration of power resulting from operation of two networks
by one organization can and should be avoided.”

*

The remaining six new regulations are concerned with the
affiliation contracts between networks and stations. Among the
restraints which the Commission finds in these contracts are the
following;

“NBC and CBS, by contractual arrangements with their affiliates,
prevent the great majority of them from broadcasting programs
of any other national network.”

“Programs rejected by (network) affiliates, * * * may not be
offered by the network to other stations in the service area of
the afliliatc which rejects the program.”

“The long-term (five-year) contracts of CBS and NBC were
intended to, and do, prevent any real competition in the network-
station market.”

“* * * National network time options have restricted the free¬
dom of station licensees and hampered their efforts to broadcast
local commercial programs, the programs of other networks, and
national spot transcriptions.”

“Long-term (five-year) affiliation contracts, with their ex¬
clusivity and optional-time provisions, seriously interfere w'ith
competition among netw'orks. Ownership of broadcast stations by
networks, however, goes even further. It renders such stations
permanently inaccessible to competing networks.”

“The operation of the Red and Blue networks by NBC gives it a
decided competitive advantage over the other two national net¬
w'orks. * * * By tying up tw'o of the best facilities in lucrative
markets — through the ownership of stations, or through long-term
contracts containing exclusivity and optional-time provision.s —
NBC has utilized the Blue to forestall competition with the Red.”

“NBC has attempted to protect itself against competition with
its affiliates for the business of national advertisers. * * * a con¬
tract of this kind, providing a severe penalty for price-cutting, is
equivalent to, and has the same effect as, a price fixing agreement.”

“At every turn, * t- * restrictive clauses taken cumulatively
operate with even greater force than their effect considered in
isolation would suggest.”

The six features of present affiliation contracts which the new
regulations are designed to eliminate are:

1. “Exclusivity”

2. “Territorial Exclusivity”

3. Contracts binding for more than one year

4. “Network optional time”

5. Restrictions on the right to reject network programs

6. Limitation of competition betw'een network and stations.

* * *

1. “Exclusivity”

Under the so-called “exclusivity clause,” a station affiliated with
one network may not carry a program of any other network. The
Commission notes that there are a great many cities to which
neither Mutual nor any new network can obtain any access what¬
ever, since all the stations are already bound to NBC or CBS by
contracts containing “exclusivity clauses.” Thus:

“Not only is regular Mutual program service banned from large
areas, but even individual programs of unusual interest are kept
off the air. A concrete example of the manner in which exclusivity
clauses operate against the public interest may be seen in the
broadcasting of the World Series baseball games of October 1939.
Mutual obtained exclusive privileges from the baseball authorities
for the broadcasting of the series w'ith the Gillette Co. as commercial
sponsor. Thereupon it attempted to obtain time from various
stations including stations which were then under exclusive contract
to NBC and CBS. CBS and NBC immediately called upon their
outlet stations to respect the exclusive provisions of their con¬
tracts. Disregard of this reminder would have jeopardized a sta¬
tion’s rights under the contracts. This prevented certain licensees
from accepting a program for which they believed there was public
demand and which they thought would be in the public interest.
It also deprived the advertiser of netw'ork advertising service in
some areas, and prevented the licensee from receiving income which
could have been obtained from acceptance of the program series.
.4s a result, thousands of potential listeners failed to hear the World
Series of 1939.”

Under the new regulations, stations affiliated with one network
may nevertheless carry also programs offered by any other net¬
work.

2. “Territorial Exclusivity”

Similar to the “exclusivity clause” is so-called “territorial exclu¬
sivity,” under w'hich a network is bound not to send a program to
any station located in an area served by its affiliated station, even
though the affiliated station rejects the program. Says the Com¬
mission:

“Territorial exclusivity arrangements are important from the
point of view of over-all program structure. To be sure, usually
it would be wasteful duplication of service for a network simul¬
taneously to send identical programs to stations w'hose service areas
approximately coincide. If the only effect of territorial exclu¬
sivity were to prevent duplication, no fault could be found. But
exclusivity goes much further ; it protects the affiliate from the
competition of another station in the same area which may wish
to use programs not carried by the affiliate.

“Under territorial exclusivity, programs rejected by affiliates,
sustaining or commercial, may not be offered by the network to
other stations in the service area of the affiliate which rejects the
program. .4n example of the adverse effect this may have upon
the public is given in a brief filed August 7, 1940, by station WBNY
at Buffalo, N. Y. WBNY related that Mutual outlets in Buffalo
rejected a sustaining program series known as “The American
Forum of the Air,” but that its efforts to obtain this program were
futile. Consequently, this worth-while program was not broadcast
to the Buffalo area despite the desire of WBNY to carry it.”

* * *

“It is as much against the public interest for a network affiliate
to enter into a contractual arrangement which prevents another
station from carrying a network program as it would be for it
to drown out that program by electrical interference.”

3. Long-Term Affiliation Contracts

One of the new regulations limits the term of affiliation contracts
to one year. Says the Commission:

“With respect to the maximum term of the contract, no showing
has been made that there is any business need for an affiliation
contract longer than one year. On the contrary, competition will

be strengthened if opportunity is provided for annual readjust¬
ments on the basis of comparative showings of networks and
stations. We conclude, therefore, that station licensees will best
serve the public interest if they refrain from entering into such
contracts for periods in excess of one year and hold themselves
free to negotiate with networks annually.”

4. “Network Optional Time”

Another provision in standard affiliation contracts having a
restrictive effect upon stations is the so-called “optional time
clause,” under which a station must cancel any program scheduled
during an option period if the network with which it is affiliated
offers a program for that period. NBC, CBS, and Mutual all have
such clauses in some or all of their contracts. Says the Commis¬
sion:

“A station licensee must retain sufficient freedom of action to
supply the program and advertising needs of the local community.
Local program service is a vital part of community life. .4 station
should be ready, able, and willing to serve the needs of the local
community by broadcasting such outstanding local events as
community concerts, civic meetings, local sports events, and other
programs of local consumer and social interest.

“We conclude that national network time options have restricted
the freedom of station licensees and hampered their efforts to broad¬
cast local commercial programs, the programs of other national
networks, and national spot transcriptions. We believe that these
considerations far outweigh any supposed advantages from ‘sta¬
bility’ of network operation uncler time options. We find that the
optioning of time by licensee stations has operated against the
public interest.”

5. Restrictions on the Right to Reject Network
Programs

Many affiliation contracts restrict the right of a station to
reject network programs, even though a better program is avail¬
able for the same hour. Thus control of what a station broadcasts
is in effect taken away from the station. This is especially true,
because “precise information concerning the program the network
proposes to distribute is not usually furnished and is not always
easy to furnish.” Says the Commission:

“It is the station, not the network, which is licensed to serve
the public interest. The licensee has the duty of determining what
programs shall be broadcast over his station’s facilities, and cannot
lawfully delegate this duty or transfer “the control of his station
directly to the network or indirectly to an advertising agency.
He cannot lawfully bind himself to accept programs in every case
where he cannot sustain the burden of proof that he has a better
program. The licensee is obliged to reserve to himself the final
decision as to what programs will best serve the public interest.

“We conclude that a licensee is not fulfilling his obligations
to operate in the public interest, and is not operating in accord¬
ance with the express requirements of the Communications Act,
if he agrees to accept programs on any basis other than his own
decision that the programs are satisfactory.

“Even after a licensee has accepted a network commercial pro¬
gram series, we believe he must reserve the right to substitute pro¬
grams of outstanding national or local importance. Only thus can
the public be sure that a station’s program service will not be
controlled in the interest of network revenues.”

6. Limitation of Competition Between Network and
Station

A final regulation is concerned with the station’s control over
its own rates. Some present affiliation contracts penalize a station
for selling time to national advertisers at less than the rate which
the network charges for the station’s time, and thus hinders it from
competing with the network. “A contract of this kind, providing
a severe penalty for price-cutting,” says the Commission, “is
equivalent to, and has the same effect as, a price-fixing agree¬
ment.”

The Commission further states:

“We conclude that it is against the public interest for a station
licensee to enter into a contract with a network which has the

May 9, 1941 — 417

effect of decreasing its ability to compete for national business.
VVe believe that the public interest will best be served and listeners
supplied with the best programs if stations bargain freely with
national advertisers."

5{?

Throughout the report, the need for competition as a protec¬
tion to the public is emphasized. For example:

constantly improving service to the public requires that all
the competitive elements within the industry should be preserved.
The door of opportunity must be kept open for new networks.
Competition among networks, among stations, and between sta¬
tions and networks, all of which profoundly affect station service,
must be set free from artificial restraints. It is not in the public
interest for any licensee station to make arrangements which tend
to close that door or restrain that competition. Pursuant to the
mandate of Congress that it grant licenses and renewals only to
stations operating in the public interest, this Commission must
refuse further to license stations which persist in these practices.”
+ * *

The Commission notes that approximately the same restraints
are found among some regional as among national networks, and
hence the new regulations cover regional networks. .According to
the report:

"Restrictive contracts and other practices with which these
regulations are concerned restrain competition and operate against
the public interest whether the network concerned is national * * *
or regional. True, the national restraints loom larger; but * * *
w’ith respect to a given station, a given community, or a given
region, a restrictive contract between a station and a regional
network * * * may operate to foster a local monoply and to im¬
pair station operations in the public interest just as effectively
and as intensively as similar practices on a national scale.”

However, the Commission notes that the regional networks are
"in a state of more rapid flux than the national networks,” and
that therefore it "will carefully consider, in particular instances,
any show'ing that the application of the regulations herein adopted
to a station affiliated with a regional network will reduce rather
than increase its ability to operate in the public interest.”

^ *

The new regulations are effective immediately, except that with
respect to existing contracts and arrangements, the effective date
is deferred for 90 days. The regulation concerning network
ownership of stations may be further extended from time to time
with respect to any station to permit the orderly disposition of
properties.

ij: ^ ^

The “Conclusion" of the Commission "Report on Chain Broad¬
casting” follows in full:

"We have exercised our jurisdiction upon the premise, generally
accepted by the public and the industry, that the network method
of program distribution is in the public interest. We subscribe to
the view that network broadcasting is an integral and necessary
part of radio. The regulations which we are promulgating are
designed to preserve without loss the contributions of network
broadcasting to the public and to the affiliated stations, while en¬
suring that licensees will exercise their responsibilities under the
law. We believe that these regulations will foster and strengthen
network broadcasting by opening up the field to competition. An
open door to new networks will stimulate the old and encourage
the new.

“The prophecy that regulations such as we are adopting will
‘result in the eventual destruction of national program service’
and ‘destroy the .American system of network broadcasting’ is. we
believe, the exaggeration of advocacy. The practices which we find
contrary to public interest were instituted to restrict competition
within the broadcasting field, not to protect commercial broad¬
casting from competition by other types of advertising. Everyone
familiar with broadcasting as an advertising medium knows that
rarlio reaches a different audience from other tvpes of advertising,
anrl that it reaches them in a different way. We doubt that the
networks have so little faith in the stability of their own enterprise
as is suggested b\- their insistence that the whole structure (}f com¬
mercial broadcasting will C(illa|)se if their relations with outlets are

modified along the lines indicated. It is incredible that the in¬
dustry’s footing is so insecure. The prospect that advertisers will
desert radio in favor of newspapers, magazines, or billboards is
singularly unconvincing.

"We are under no illusion that the regulations we are adopting
will solve all questions of public interest with respect to the net¬
work system of program distribution. For “example, we have
not dealt with the activities of principal networks in the fields of
electrical transcription and talent supply, although we recognize,
as did the committee, that their activities in these fields ‘raise prob¬
lems which vitally concern the welfare of the industry and the
listening public.’ The problems in the network field are inter¬
dependent, and the steps now taken may perhaps operate as a
partial solution of problems not directly dealt with at this time.
Such problems may be examined again at some future time after
the regulations here adopted have been given a fair trial.

"We have been at pains to limit our regulations to the proven
requirements of the situation, and especially to ensuring the main¬
tenance of a competitive market. Radio broadcasting is a com¬
petitive industry. The Congress has so declared it in the Com¬
munications Act of 1934, and has required the fullest measure of
competition possible within physical limitations. If the industry
cannot go forward on a competitive basis, if the substantial re¬
straints upon competition which we seek to eliminate are indis¬
pensable to the industry, then we must frankly concede that
broadcasting is not properly a competitive industry. If this be the
case, we recommend that the Congress should amend the Com¬
munications Act to authorize and direct regulations appropriate
to a noncompetitive industry with adequate safeguards to protect
listeners, advertisers, and consumers. We believe, however, that
competition, given a fair test, will best protect the public interest.
That is the American system,”

*

The report is concurred in by Chairman Fly and Commissioners
Walker, Pa>ne, Thompson, and Wakefield; with Commissioners
Case and Craven dissenting.

The complete ‘‘Report on Chain Broadcasting,’’ including the
dissenting report, may be obtained in printed form from the
Superintendent of Documents, Government Printing Office, Wash¬
ington, D. C., at a nominal cost.

The Dissent

Following is the FCC’s summary of the “minority
comment” by Commissioners Case and Craven on the
new network rules:

All members of the Commission recognize that improvements in
the present broadcast service as w'ell as in the organization thereof
are not only possible but also desirable. However, the minority
disagrees with the proposals which the majority has adopted as a
methorl of securing improvements. We fear that the proposals of
the majority will result inevitably in impaired efficiency of the
existing broadcast organization of the country. This system has
been developed as a result of practical experience over a period of
years. In the main it is operating very well in the public interest.
Undoubtedly it provides the public with the best broadcasting
service in the w’orld. Naturally, there are faults which may need
correction. However, some of the corrective processes suggested
by the majority may easily result in faults which are far more
basic than the known defects which exist today. Furthermore, it
appears that insufficient recognition is given to the practical con¬
siderations which are inherent in the .American system of broad¬
casting and which cannot be circumvented. It seems that no
weight is given to the fact that broadcasting is d\ namic and not
static. No consideration seems to be given to the probable effect
of new developments. ."Mso inadequate recognition is given to
the effect of the natural and economic limitations within which
broadcasting must oiierate. Likewise, inadequate recognition is

418 — May 9, 1941

given to the natural laws which influence basically the manner in
which broadcasting renders a social service to the public of
America.

No member of the Commission condones any form of monopoly
which concentrates power contrary to the public interest or which
constitutes unreasonable restraint of competition. However, the
majority appears to suggest that “unlimited” competition is the
most important factor in securing improvements in radio broad¬
casting service and proposes to issue regulations the effect of which
will prohibit certain contracts which now' exist between chain
companies and their affiliates. The intent of these regulations is
to ban all arrangements which limit the ability of any broadcast
station licensee to engage at any time in any and all forms of
competition. While the minority insists upon competition they
suggest the principle of “Free competition accompanied by good
radio service to the public” rather than competition which affects
adversely program service.

The minority is of the opinion that the most important problem
confronting the Commission may be stated briefly as follows:

“Considering the necessity of a balanced radio broadcast service
of interest to and in the interest of the public, and recognizing the
natural limitations inherent in radio, how can greater equality of
opportunity be extended to persons desiring to utilize radio as a
media of broadcasting information to the public?”

The solution of the problem requires a broad viewpoint as well
as a balanced consideration of at least all of the following factors
which among others contribute to broadcast service in the interest
of the public:

1. The establishment of a “free radio” insofar as is practicable
within inherent natural limitations.

2. Good programs.

3. An equitable distribution of facilities to states and com¬
munities.

4. Diversification of control of radio stations among many
licensees.

5. Competition.

6. Efficiency of program distribution to the nation as a whole.

7. Operation of each station in the public interest rather than
for the private interest of the licensee.

8. Natural economic laws of supply and demand.

9. Principles of sound business.

A limited approach, or conclusions based upon over-emphasis of
one phase of the problem, will result in unsound administration
and unfortunate consequences to the radio service to which the
public is entitled. More specifically, we fear that the revolutionary
change proposed by the majority w'ill result in the destruction of
the present excellent national program distribution system and the
substitution therefor of some new kind of system, the effects of
which the majority does not adequately visualize.

It is axiomatic that unlimited availability of the few existing
radio facilities and efficient national program distribution cannot
both be attained at the same time. There is no open market
condition in the business of broadcasting as in other businesses.
Nature has determined that. To attempt to circumvent these
basic economic laws is fraught with peril to an industry which
has hitherto achieved a marked degree of success. Regulation in
disregard of economic laws may foster a situation in which com¬
petition among competently managed networks would be replaced
by an unwholesome conglomeration of opportunistic “time brokers”
catering to an aggregation of local monopolies in the various towns
and cities of the nation. This will result in

1. Responsibility for carrying sustaining programs of public
importance would be so diffused that such service would
likely become nobody’s business and the difficulty in clear¬
ing time on a national network would become an almost
insurmountable task.

2. The incentive would be removed for the origination of such
sustaining features as the European war broadcasts, the
American Farm and Home Hour, the Town Meeting of the

Air, Toscanini, etc. If the proposals of the majority are en¬
forced there can be no logical determination of who will pay
for such service or how it will be developed.

These considerations and other far-reaching adjustments that
would be Involved would plunge the American broadcasting sys¬
tem from the known of good public service to the unknown in
which all the consequences cannot be forseen. It is, therefore, no
exaggeration to predict that the decision of the majority instead
of resulting in “free competition”, would more likely create
“anarchy” or a kind of business chaos in which the service to the
public would suffer.

The majority appears to conclude that it is necessary to exert
control over certain business policies of radio station licensees in
much the same manner as has been proven suitable for public
utilities other than radio. However, in arriving at this conclusion
there appears to have been no weighing of the advantages and
the disadvantages of the present broadcast structure in terms of
good program service to the public. Hence, no conclusions based
upon evidence in the record have been made of the reasonableness
of the present practices of the industry. For 14 years, existing
contract arrangements have been enforced both through formal
and informal agreements, and broadcasting in America has achieved
greater progress than in any country in the world. The record
does not disclose that there is unreasonable restraint of competition
resulting from certain contracts which the majority proposes to
prohibit.

It is possible that the majority in its desire to regulate one facet
of the broadcast problem has overlooked some of the other import¬
ant considerations and hence may have made impossible the attain¬
ment of an ideal objective. For example, in asserting jurisdiction
to regulate the business practices of broadcast station licensees the
majority may have assumed certain power which is not delegated
to it under the law. In broadcasting, Congress evidently intended
to apply the constitutional doctrine of a “free press.” In so doing.
Congress recognized that the advantages of a “free radio” were
more important than the advantages of the type of regulation
heretofore considered necessary in the public utility field. As
evidence of their intent. Congress specified that radio broadcasting
should not be classed as a common carrier even though licensed
by the Government to operate as a form of monopoly in the
public domain. The type of regulation specified by Congress for
broadcasting clearly envisioned that the Communications Com¬
mission should not regulate the programs, the business practices
or business policies of broadcast station licensees. Congress speci¬
fied a type of regulation designed to maintain its policy of a “free
radio.” This type of regulation differs from that applied to other
private business operations in the public domain.

Thus, the question of the power of the Commission to regulate
the business phases of broadcasting may be approached from the
standpoint of public interest. Congress required that radio, like
the press, must be free from those restraints of Government which
hamper free expression and which control what may be said or
who may speak. The most important function of Government
should be to facilitate the attainment of a “free radio.” Therefore,
it may be argued that if the licensing authority interferes with
the business practices of persons engaged in broadcasting, there
is concentrated in a single Government agency a power which must
lead inevitably to undesirable restraints upon a “free radio.” Such
concentration of power in Government is just as contrary to public
interest as the concentration of control of broadcast stations among
a limited number of licensees.

It is obvious that if all the stations in the country were licensed
to one person, that person, even though regulated by the Govern¬
ment, would have vast power to control an important media of
information. Even though such person had the best of intentions

May 9, 1941 — 419

for the welfare of the public, his would be the sole judgment which
determined how radio would be utilized to influence public opinion.
Such an extreme is unthinkable. On the other hand, if we had
innumerable licensees and therefore innumerable competitive judg¬
ments, all under the autocratic regulatory supervision of a single
Government agency vested with final and unrestrained power of
life and death over the economic destinies of each licensee, we
likewise would have an intolerable situation, however well-inten¬
tioned such Government agency may be. It was for this reason
that Congress provided not only for a diversification of control of
radio broadcasting among licensees, but also for diversification of
jurisdiction among various regulatory agencies of Government.
It was not intended by Congress that any licensee merely be¬
cause he was a radio broadcaster should be exempt from the
application of laws directed to business enterprise generally. The
Department of Justice and the Federal Trade Commission as well
as other Government agencies include broadcasters within their
jurisdiction when administering the laws relating to all business
enterprise.

Congress empowered the Federal Communications Commission
to regulate only that phase of radio operation which relates to
licensing stations. This embraces a fair and equitable distribution of
radio facilities to states, communities and persons in a manner
which insures diversification of control among many licensees, as
well as a good program service of interest to and in the interest
of the public. It likewise includes the regulation of technical
aspects of operating stations and certain other phases of radio
operation affecting public interest which are not under the juris¬
diction of other agencies of Government. The Commission is
charged with the responsibility of determining the qualifications
of licensees to operate radio broadcast stations, but the Commis¬
sion does not have the responsibility to determine the guilt of
licensees for violations of law', the administration of which is not
under the direct jurisdiction of the Communications Commission.
If licensees of radio stations are found guilty of violation of such
other law's, the Commission’s responsibility in the premises rests
solely as to the qualifications of such licensees to operate stations
in the interest of the public.

If some form of monopoly exists in radio broadcasting w'hich is
contrary to the best interests of the public, it should be remem¬
bered that the Commission has licensed all broadcasting stations
in the United States after finding time and time again that each
of the licensees was operating his station in the public interest.
Therefore, if the Commission has erred in the past, it can now’
correct the mistake by exercising in individual cases the licensing
power delegated to it under the Communications Act of 1934.

The Commission should encourage the organization of inde¬
pendent, highly competitive national networks. However, if there
are limitations or barriers to the establishment of additional com¬
petitive networks, the Commission need not and should not
promulgate rules the effect of which would destroy all existing
systems, merely to provide some other private enterprise W'ith an
opportunity to capture the revenues of broadcasting. There are
better ways to encourage and secure additional competition.

Conclusions

There are certain factors which should provide the basis for
consideration of the many complex problems in the field of radio
broadcasting. However, as has been stated elsewhere in this
report, no abrupt changes should be attempted without positive
indication that such changes will result in improved service to
the public. The record in this instant investigation does not
justify sweeping proposals to change the developments resulting
from i)ractical experience.

It is must be considered that since 1927, the /Xmerican system
of broadcasting has developed under a Congressional formula

which, until recently, has been administered in its broad policy
aspects with fair consistency by the Commission and, on the

whole, uniformly interpreted by the Courts.

It must be admitted that imperfections exist. No human insti¬
tution is free from error. It is significant, however, that this rec¬
ord fails to disclose important abuses. Moreover, no information
is available to the Commission which justifies an invasion of the
business i)ractices of the licensees of this Commission.

It is true that some of the pioneers in broadcasting have achieved
conspicuous financial success. Likewise others who have made
contributions to the industry and the public have been well re¬
warded. This fact alone affords no proper basis for a radical

extension of the regulatory scheme.

The record shows that in broadcasting there exists vigorous
competition in the areas that count. It is the duty of the Com¬
mission to preserve and encourage such competition. However,
we should not embark upon novel or untried courses of regula¬
tion based upon mere speculation as to how .American business¬
men should manage their affairs. Rather we should consider that
the consequences of our acts might injure or retard further im¬
provement in the existing system and the service which it now
performs.

Competition accompanied by good radio service to the public
should continue to be fostered by the Commission. However, the
blind adherence to the slogan “free competition”, regardless of all
practical factors, is unsound and will result in a conglomeration
of uncoordinated radio stations rendering an inferior service to the
public.

On the whole, radio broadcasting has an excellent record of
public service. This includes both networks and the independent
stations. Possibly with a few isolated exceptions, radio has been
scrupulously fair in dealing with questions of political, social and
economic importance. It has been progressive and enterprising
in the entertainment field. The public has been and should con¬
tinue to be its most important and only censor.

Radio is so constituted that it is sensitive to public criticism and
responds promptly to changing public tastes. F’or this Commission
or any agency of Government to attempt to substitute its judg¬
ment for that of the public involves an arrogant presumption
which should be avoided at all costs. That such a policy is not
contemplated by anyone on the Commission seems quite clear.
However, , it can be argued with logic that invasion of this eco¬
nomic field by the licensing authority in the absence of clear legal
mandate would constitute an inevitable prelude to the second
step of assuming the role of arbiter of public tastes.

Circumstances may require the Federal government to exercise'
broad powers in many fields of our economic life, but it is im¬
perative that broadcasting be maintained as a free American insti¬
tution. To adopt some pattern of government regulation as ap¬
plied in other fields is to ignore the real nature of broadcasting.
Borrowed techniques just don’t fit. Broadcasting must be kept
free from unnecessary Government restraints. Nowhere has this
concept been given better expression than in a recent statement of
the President of the United States wherein he said;

“Your Government has no wish to interfere or hinder the con¬
tinued development of the American system of broadcasting. Radio
was born and developed in the real American way and its future
must continue on that basis.”

Our views in this matter may be summarized as follows:

1. The Commission is without jurisdiction to promulgate regula¬
tions which undertake to control indirectly the business arrange¬
ments of broadcasting licensees.

2. The record shows vigorous competition among networks and
independent stations within the limitations of facilities imposed
by nature and thus no finding of illegal monoply can be made by
this Commission, even if it can be assumed that this Commission
had the legal authority to make such determination.

420 —May 9, 1941

3. The Commission through its licensing powers has ample au¬
thority to deal with any abuses that may arise, or which may now
exist. Thus with the possible exception of clarification of the pro¬
cedural and appellate provisions of the Communications Act of
1934, no legislative changes seem necessary.

4. There is no support in the record of these proceedings or
otherwise in the possession of the Commission which would require
new regulations which w'ould attempt to control the relations be¬
tween networks and affiliates.

5. Broadcasting service is essentially a national service. It must
be recognized that listeners prefer good programs originating from
any source where there is superior talent and which may have
greater entertainment value than would otherw'ise be available
from a purely local source.

6. There is an important function to be served by the smaller
local stations. The Commission should continuously strive to
improve the technical efficiency of such stations and, within the
limits of the Act, afford encouragement to broader economic op¬
portunities for such stations. This should not be attempted by
the destruction or impairment of existing services. There is room
for both.

7. There is the strong presumption that four competing na¬
tional networks independently operated might afford opportunity
for improved service, although there is nothing in this record to
establish that stations affiliated w'ith the company operating two
networks have not rendered a good public service. It is, therefore,
recommended that informal discussions begin forthwith betw'een
the Commission and the representatives of the company operat¬
ing two networks with a view of obtaining a voluntary segregation.

8. Network companies maintain concert and artist management
bureaus as an incident to their operations. The Commission has
no jurisdiction in this field. How'ever, the companies should be
notified that the Commission intends to request an inquiry by
either the Federal Trade Commission or the Department of Justice,
or both, in the event the companies do not divest themselves of
these activities within a reasonable time.

9. There is no reason why the Commission should not forthwith
extend the terms of broadcast licenses to the full statutory limit
of three years. This would create an atmosphere of greater stabil¬
ity in the industry and would in no way detract from the Com¬
mission’s power to proceed by revocation against licensees w’ho
contravene the standard of public interest.

Finally, it seems appropriate to emphasize that our government
is concerned with many important and crucial problems. This is
no time to embark upon a new and untried course for w'hich no
urgent need can be established. It seems to us that the kind of
democratic freedom w'hich we are preparing to defend requires
those in government to manifest restraint and tolerance. There is
no evidence to justify an attempt at unnecessary control of the
broadcasting industry under even normal circumstances. In this
atmosphere of world tension, our own national unity would be
disserved by a new experiment at “reform” of an established sys¬
tem of mass communication upon which so many of our people
rely for information and diversion.

EXECUTIVE COMMITTEE

The NAB Executive Committee, as instructed by the
Board of Directors, met Wednesday, May 7, in New
York. The network report, the proposed hearing on news¬
paper ownership and the ASCAP situation were consid¬
ered. The committee decided to report to the Board at
the St. Louis meeting, Monday, May 12.

REPORT FOR SALE

The FCC’s supply of copies of its “Report on Chain
Broadcasting” is now exhausted.

However, the complete report with its associated order
(153 pages) is obtainable from the Superintendent of
Documents, Government T’rinting Office, Wa.shington,
D. C., at 30 cents a copy.

REPORT TO DEPARTMENT OF JUSTICE

At a press conference on Monday, FCC Chairman
James Lawrence Fly stated that the Commission would
send a copy of the monopoly report and the complete rec¬
ord in the case to the Department of Justice.

Labor

OUTSIDE SALESMEN

A break for small stations under the Wage and Hour
Act was obtained by the NAB this week when the Wage
and Hour Division held that radio’s outside salesmen
could write their own copy without losing their exemption.

The Wage and Hour Division’s ruling followed a con¬
ference between division attorneys and Joseph L. Miller,
NAB labor relations director, who presented the indus¬
try’s story.

The definition of an exempt outside salesman says he
can do work “incidental to” his selling without losing his
exemption. The division held that copy writing was “in¬
cidental to” selling.

Announcing, however, is not “incidental to” selling.
1 herefore, if an outside salesman announces more than
20 per cent as much (in time) as regular announcers who
are non-exempt, he loses his outside salesman’s exemp¬
tion.

For example, in a station where regular announcers
work 40 hours a week, an outside salesman could work
the following hours without overtime payment:

Outside selling: 40 hours

Writing copy for accounts sold: 10 hours

.Announcing: 8 hours.

The text of the Wage and Hour Division’s opinion:

This is in reply to your letter of .-Xpril 28, 1941, in which you ask
certain questions concerning the application of the outside sales¬
man e.xemption provided by section 13(a)(1) of the Fair Labor
Standards Act to employees of radio stations.

Your first inquiry relates to outside advertising solicitors who
prepare the commercial “copy” for use on the programs which they
have sold. You state that you consider the preparation of the copy
to be “incidental to and in conjunction with the employee’s own
outside sales or solicitations” within the meaning of section S41.S(B)
of Regulations, Part 541. If an outside advertising solicitor other¬
wise conforms with section 541.5 of the regulations, it is the opin¬
ion of this office that preparation of commercial “copy” when writ¬
ten exclusively with respect to the advertising accounts sold by
such employee may be considered to be incidental to and in con¬
junction with his own outside sales or solicitations.

Your second inquiry relates to employees who solicit advertis¬
ing away from the place of business, prepare the commercial copy
at the place of business and also announce the program as pre-
Ijared by them. In the opinion of this office, the announcement of
the program is too far removed from the outside solicitations to
be considered incidental to or in conjunction therewith. .Accord¬
ingly, the time devoted by the outside solicitors in question to the

May 9, 1941 — 421

announcing of programs should be considered as nonexempt work
within the meaning of the 20 percent test contained in section S41.S
of Regulations, Part 541.

Very truly yours,

For the Solicitor,

(s) Rufus G. Poole,

Assistant Solicitor In Charge

of Opinions and Review.

Broadcast Advertising Record

On May 7 the NAB Research Department released Volume 1 of
"Broadcast Advertising Record”. It is a new name and a new
record, formerly called the Broadcast Advertising Unit Volume
Report.

The “Broadcast Advertising Record” just released presents Jan¬
uary, 1941 unit volume of the stations reporting. The “Record”
is rearranged to increase the practical value of this sales tool to
stations. Separate tables are presented for local and national spot
business with facility in each for direct comparison of the individ¬
ual station with all stations, the average station and stations lo¬
cated in each of five market sizes.

The “Record” was mailed to those stations actively cooperating
in this undertaking by submitting monthly records of their busi¬
ness.

Station managers who have seen the “Record” are enthusiastic
and confirm the belief of the Research Department and the De-
parement of Broadcast Advertising that the “Record” will be the
most potent business-builder in the possession of stations.

January 1941 totals of programs units and announcements car¬
ried on 227 stations and all national networks is presented in the
following table:

Pgm.

Units

January, 1941 Record
RETAIL GENERAL

Pgin. Ann’s

Ann’s

All National Net¬
works .

227 Stations Re¬
porting:
Regional Net¬
work .

National Spot

7,293

52,990

Pgni.

LTnits

Units

2, 603, 982 . 2, 603, 982

TOTAL

Ann's

913

6,440

Local . 386,492 143,476

Total Other
Than Na¬
tional Net¬
work . 446,775 150,829

TOTAL.. 446,775 150,829

69 , 909
421 ,929
175,334

6,684
91 ,618
36,017

77,202
474,919
561,826 179,493

7,597

98,058

667,172 134,319
3,271,154 134,319

1,113,947 285,148
3,717,929 285,148

Sales

APPLE COMMISSION USES RADIO

\s previously related in these Reports, various interests have
taken advantage of the national defense emergency to bring pres¬
sure through governmental agencies or bureaus for free radio time,
under the guise of participation in national defense. An example re¬
cently cited in these columns is the Fish and Wildlife Service of
the Department of the Interior, which is currently receiving $98,-
076.16 worth of free radio plugs per year.

In refreshing contrast is the Washington State Apple Commis¬
sion, now engaged in a four-week $20,000 radio campaign in se-

422 — May 9, 1941

lected markets. After considerable discussion and correspondence
between this Commission and NAB, a letter from C. E. Chase,
Secretary-Manager of the Commission, states:

“On my return here I read with considerable interest your letter
of April 4th, together with the copy which you enclosed which
you had written in connection with the broadcast of fish menus.
I also read your letter to the Commission at our meeting on the
19th and gave it as my reason for not having done anything in
connection with getting the Department of Agriculture to put on
apple radio programs. They approved the stand I had taken on
account of my conference with you, and Kelsey Denton, the new
Northwest manager of the J. Walter Thompson Company, also
concurred.

“We are putting on a radio program for the next four weeks,
starting the first of May, which will total over $20,000. While this
amount does not mean much to some organizations, to us it is
considerable, as you know. We hope to get splendid cooperation
from the stations in this connection, as you will note by the
bulletin I am enclosing where I have marked the information we
are putting out to the shippers about this.

“I think you are familiar with the fact that we just concluded
advertising in 45 cities, most of which expired the 26th of April.
A good deal of this was radio. On this new drive, however, it is all
radio, and of course in a good many cities we have posters which
are still being left up even though the expiration date is past.”

Certainly no comment on a letter like that is required. Instances
like this, though rare, are so encouraging that NAB sincerely hopes
that participating stations will do all in their power to make the
apple campaign an outstanding success, for the salutory effect it
will have on other groups.

SUCCESS STORIES NEEDED

To fill current requests from members, additional success stories,
big or little, are urgently requested on these topics:

.Amusements Funeral services

Meat products Newspapers

Please send what you have to the Department of Broadcast
Advertising.

MOVIES USE INTERNATIONAL RADIO

A 52-week contract for two programs per week, to be broadcast
over international transmitters to South America, has been signed
by RKO Pictures with the International Division of NBC.

One program will dramatize highlights of current RKO Pic¬
tures, the other will dramatize the lives of RKO stars.

The contract was placed direct by the motion picture company
with no agency involved, and may indicate a more pronounced
trend towards the use of radio advertising by the motion picture
industry.

CIRCUS SUCCEEDS WITH RADIO

In response to the item last week detailing plans to spend $350,000
in newspaper advertising this summer by circuses, Howard Loeb
of WFDF, Flint, Mich., contributes an outstanding circus success
story substantiating NAB’s belief that not only can a circus use paid
radio advertising effectively, but that it will do so if properly han¬
dled by station managers.

Writes Mr. Loeb:

“Through a mistake the big Hagenbeck-Wallace Circus and the
equally big Cole Brothers Circus made arrangements to show in

Flint on exactly the same day, July S, 1937. Their advertising rep¬
resentatives both frantically appealed to WFDF for help. A com¬
munity of 150,000, they felt, was not big enough to support two
big circuses simultaneously. They wanted to know what should
be done about it.

“We suggested that we declare a ‘Circus Day in Flint’, and
pointed out that if each circus would increase its advertising ap¬
propriation and place the biggest share of their budgets on our
station, everything would turn out all right. This they agreed to
do. Hagenbeck-Wallace placed an order with us at regular rates
to be spent on four days up to and including circus day. Cole
Brothers placed an order on the same basis. Both companies pur¬
chased spots announcing ‘Circus Day’, each plugging its own name
and circus grounds. We did not use any program whatsoever and
the circuses cut their newspaper space to a minimum, putting the
big responsibility on radio.

“To say that both circuses were elated over the results would
be putting it mildly, as all their tents were far too small to handle
the crowds, and it turned out that two circuses on the same day in
Flint are not enough — we think we might have handled several
more. Attached is a copy of a letter from R. E. Hickey, General
Press Representative of Hagenbeck-Wallace.”

The letter from Mr. Hickey states:

“It is indeed a pleasure for me to write you and tell you of our
great success in Flint on July S, 1937, when Hagenbeck-Wallace
had opposition-day and date — with another large railroad circus.
Our records for that day show two thousand more paid admissions
than capacity, which is indeed a remarkable figure to attain, when
you consider it was the third day of a week-end holiday, the heat
and other circumstances.

“During my stay in Flint and also on circus day your station
cooperated 100 per cent, and the advance press department and
also the executives of Hagenbeck-Wallace wish to thank WFDF
for its loyalty and the promotion of this circus.

“For the remarkable turnout of the Flint and Genesee county
people and the huge Hagenbeck-Wallace business we lay a good
share of the cause at the studio door of WFDF. I am highly rec¬
ommending your station and its facilities to our other two major
circuses, our associates.

“You may be certain of a good percentage of our advertising
appropriation when next we appear in Flint. Thanks to you and
all your excellent staff, and good luck and happiness.”

We suggest that you confer with your sales, program, news and
special events departments, so that when the first circus approaches
your station for free promotion, these letters may be put to ef¬
fective use.

AFA CONVENTION PROGRAM

J. Walter Neff, president of Neff-Rogow, Inc., New York City,
will speak on “Increasing the Tune-In” before the radio section at
the AFA convention in Boston at 10:00 a. m. on Wednesday, May
28. This agency has achieved notable success in radio for such
clients as Bond Clothes, Thom McAn Shoes, and others, and Mr.
Neff has developed some unusual approaches and techniques that
he will discuss for the benefit of all radio men attending.

“The Effect on Advertisers of the Monopoly Report” will be
discussed by Russell Place, NAB Counsel, and “Chimes and Gongs
in Radio Advertising” will be the topic of Frank E. Pellegrin, Di¬
rector of the N.\B Department of Broadcast Advertising. An open
forum discussion of all radio topics of interest to station men and
advertisers, especially those acted upon at the NAB convention,
will follow. Robert S. Peare, advertising manager of the General
Electric Co. and manager of broadcasting at WGY, Schenectady,
will preside.

PER-INQUIRY OFFERS

“Radio Income Builders” (sic) of 225 Fifth St., Des Moines,
who call themselves “Specialists in creating income producing plans
for use on unsold station time,” thus frankly confess to be per-
inquiry seekers. Their current effort is to put radio stations in
the fountain pen business. In a four-page communication they
offer to sell fountain pens direct to stations, requiring the station

to pay in full ten days from date of invoice. The station is ex¬
pected to sell the pens over the air on ‘‘unsold” time, pay the
postage, handle the mailing, etc., and keep what profits there are,
if any. No provision is made for return of unsold pens; apparently
stations that fail to sell their full order are struck with the balance.
The company also says ‘‘We now have in test a large number of
other products,” to be later “released to our Radio Station
customers.”

This company has been advised by N.'VB that it is the policy
of most radio stations to try and operate their radio business
successfully, and leave the fountain pen business to others; that
stations would dislike to see fountain pen dealers and stationers
begin to compete with us in the sale of advertising, and that this
fair-play policy works both ways; that stations dislike to enter
the direct sales field in competition with local retailers and thus
incur the ill will of local merchants, whose support they need,
and finally, that many per-inquiry products have been found
unsatisfactory by listeners, who thus lose faith and confidence in
the local station that persuaded them to buy, and the station thus
loses the friendship of the very listeners who are absolutely vital
to its continuance in the broadcasting business. N.'\B also advised
that if the fountain pens are as good as the company claims,
there is nothing to prevent the company from buying radio time
like other advertisers, and enjoying the profits of its own confi¬
dence in its product.

Henry Holt, of Houston, Tex., is seeking per-inquiry deals on a
radio log book, perhaps unmindful of the nation-wide industry
drive to acquaint listeners with the new frequencies of all stations
affected by the recent re-allocation.

The .Armand S. Weill Co,, of Buffalo, N. Y., is seeking special
rates on behalf of its client, Sachinol Perfumers. Telling stations
he would like an inquiry cost of 11 cents or less, Mr. Weill sug¬
gests that if a station does not feel it can pay out on that basis
at its regular rates, that it “let me know what rate you would
set up to take care of this business. I would advise not setting
it too high otherwise you will find it difficult to pay out at our
desired inquiry cost.”

Golden Glint Pays Full Rate

That stations can sometimes secure business at card rates from
advertisers who first seek special deals is shown by the recent
experience of an NAB member, who refused an invitation to cut
rates for the Golden Glint Co. Writes the member:

“Just the other day, out of a clear sky, we received another
letter from them authorizing us to go ahead at our regular rate,
with a series of thirteen one-minute announcements.”

“TESTED METHODS TO MAKE SALESMEN
USE ‘HELPS’ MORE RESULTFULLY”

A group of forty sales managers were nearly unanimous in agree¬
ing that their toughest continuing problem was to get salesmen to
use selling helps profitably.

Sales departments invest many thousand dollars in material to
help salesmen: manuals, portfolios, bulletins, etc., yet many men
make little use of this excellent material, which is designed to
make their selling more profitable. The trouble isn’t that they
don’t appreciate it, or that the material isn’t good. It lies in the
fact that the average salesman has a tendency to let things out¬
side of the immediate day-to-day contact with prospects slide.

Also, the average conscientious salesman, who studies the man-

May 9, 1941 — 423

uals or portfolios thoroughly, absorbs an idea or two and then
feels that he has really dug out everything that will help him.

C. B. Larrabee in Printers’ Ink has presented an investigation
of tested plans, which we have secured for the sales managers of
NAB. Each one of these has worked in actual practice. None
is elaborate; some are extremely simple, but all have proved
effective.

Plan 1

This plan works wonders in getting salesmen to use a manual.
Here is how one company did it:

First, it built a skeleton manual and gave it to all salesmen.
Next, the sales manager wrote a long list of questions designed to
bring out information as to the best practice among salesmen in
doing their stuff. Then, the list was split up and divided among
the salesmen for their answers to the questions. When the an¬
swers were all in, the sales manager prepared a complete manual
which, instead of being called “Manual No. 2” was called “The
Book You Wrote’’. Copies were then given to each salesman,
with a short personal note beginning:

“Here is the sales manual that you helped us write. Every

line, every idea came from you or one of the other boys. When

I tell you it’s practical, you don’t have to take my word for it.
You know it’s practical because you put in it the kind of stuff

that you have learned the hard way. etc.”

Plan 2

One company, creating its first manual, decided that the tough¬
est problem involved would be to sell the salesmen the manual
idea. The president wrote a letter to the salesmen, telling them a
manual was being prepared, asking them to list the major objec¬
tions and difficulties they encountered.

Next the sales manager requested testimonial letters, unusual
performance records and other data of value. In the company’s
sales meetings and bulletins each week was something about the
progress of the manual, keeping it constantly before the men.
After four months of collecting, sorting, dramatizing, editing and
indexing material, enough data had been gathered to make up
the manual.

The sales manager then called a special meeting for the presen¬
tation. It was planned not to pass out a copy of the manual to
each salesman until the purpose back of each of the major sections
was thoroughly explained. He used a blackboard chalk talk to
show the salesmen that the manual was not a canned presenta¬
tion. He then described its fine points and how it could be used.
After this explanation copies were passed to each salesman and
a roundtable discussion followed.

Next a boiled down presentation made from the Master Manual
was given the salesmen. They were told that such presentations
could be individually built to fit the needs of every prospect.
The result was a manual that was used faithfully and thor¬
oughly by a sales force that, in the beginning, had been antago¬
nistic toward the whole manual idea.

Plan 3

.A number of companies use sales meetings to create interest in
sales material. One plan calls for a “quiz program,” with questions
based upon definite sales material previously furnished. A salesman
cannot make a creditable showing unless he has been using this
material faithfully.

Another company issues a sales bulletin weekly. After 43
bulletins, it held a prize contest, with cash awards to the sales¬
men who gave the best answers to questions posed in the next ten
issues of the bulletin. The questions, of course, required some
study of various sales material. About half the sales force sub¬
mitted answers, but investigation shows that nine-tenths of the

men really followed the contest pretty closely. And the salesmen
gave much closer attention to the bulletins than they ever had
before.

Plan 4

The company wanted to get a new visual presentation used
effectively.

It prepared a mailing piece showing several interesting pages
from the presentation and telling of its value. This mailing piece
was sent to customers and prospects with a letter saying that the
salesman calling on the recipient of the letter had a presentation
and urging the prospect not to let the salesman get out of the office
until he had shown the presentation.

Each salesman received a copy of the mailing and was told that
he had better carry the presentation with him on every call because
many prospects would be sure to ask for it.

The plan w'orked w'ell. In many cases customers or prospects
had their curiosity aroused to a point w'here they actually de¬
manded that the salesmen show the presentation.

* * *

.4 study of the methods used by sales managers to get salesmen
to employ sales equipment more effectively indicates that in seek¬
ing methods of doing this a number of executives have discovered
that the chief reason why men would not use material was because
it was not properly prepared.

Therefore, what should probably be Plan One in every sales
executives’ consideration is to be sure that the material is profitably
usable before asking the salesmen to make good use of it.

BMI

The Song Is the Thing

BMI hits and near hits and their creators will feature a new
program sponsored by the Canadian Government over the facili¬
ties of the Canadian Broadcasting Corporation. The broadcast,
which wall begin in the fall and run for a year, will present the
news behind the song. The theme will be, the singer may be
forgotten but the song lingers on, and the program will tell why
it lingers on. The story of how the song came to be written and
interesting incidents from the lives of the composers will be in¬
cluded as well as letters of greeting from the composers to the
Canadian audience. Jess Jaffrey, who is in charge of the program,
expects at the conclusion of this series to have the most complete
record available of currently popular songs and of their authors
and composers.

More BMI music is being played in Canada now than ASCAP,
according to Mr. Jaffrey, despite the fact that Canadian broad¬
casters have the full rights to play any or all ASCAP selections.
There are more requests coming in for BMI music and virtually
every program by Canadian orchestra leaders features BMI
tunes.

Foreign Language Music

There is greater demand among BMI stations for Polish music
than for any other foreign music, it is revealed in a survey of
requests by member stations. Italian was the second most popular
foreign music, followed by Cuban and Latin American, Scandina¬
vian and Hungarian.

In line with BMPs policy of providing stations with music of
every classification, a questionnaire covering listener preference was
mailed to BMI subscribers. Latest catalogue lists music of some
33 nationalities, and negotiations are pending for the acquisition

424 — May 9, 1941

of several additional foreign catalogues, notably of Polish music.

BMI has just closed a contract with Edward and Louis Rossi,
127 Mulberry Street, New York City, transferring the rights to
some excellent Italian material, much of which is recorded. Among
the recordings are the following:

Campagnola by Bertini and recorded by Carlo Buti; Munez E
Llenzole by Fusco-Falve, recorded by Gianninni; Popolanella by
Martelli-Ruccione, recorded by Giglio; Come Bella A Stagione by
, Piasano, recorded by Cibelli, and many others.

Tid-BHs

Cheer Up, a BMI controlled tune, published by the Foreign and
Domestic Music Corporation, has been adopted by the British-
American Ambulance Corps as its official theme song and a share
of the profits from all regular music sheets sold will be donated to
the Corps’ fund. The publishers have a letter from the office of
Prime Minister Winston Churchill thanking them for licensing the
tune.

Hey, Stop Kissing My Sister, is not only the first song its writers
have written together, but their first published song. The writers
are Kay Coblin and Phil Coblin, brothers, and Eddie Peyton.

Broadcast Music, Inc., has issued a list of the popular dance
numbers controlled by BMI and recorded by name bands. Virtually
all of the band leaders are represented. Benny Goodman and
Horace Heidt have the largest number of recordings.

BMI FEATURE TUNES
May 12 - May 19

1. MY SISTER AND I

2. WALKIN’ BY THE RIVER

3. WISE OLD OWL

4. FRIENDLY TAVERN POLKA

5. G’BYE NOW

6. WHAT D’YA HEAR FROM YOUR HEART

7. HERE’S MY HEART

8. WITH A TWIST OF THE WRIST

9. TALKIN’ TO THE WIND

10. THE RELUCTANT DRAGON

BMI Feature Tunes

The Music Popularity chart for the week ending May 3rd com¬
piled by Billboard, shows BMI holding firm to the first five places
in leading music machine records with There'll Be Some Changes
Made, It All Comes Back To Me Now, Amapola, Oh, Look At Me
Now and The Wise Old Owl. Amapola leads all the lists of national
and regional best selling retail records. In the sheet music best
sellers, it has been replaced in the south by My Sister And I as the
number one tune below the Mason-Dixon line. It is interesting to
note that Number 10, Lullaby Lane holds the second place in south¬
ern popularity with Amapola third, with the new Because of You,
by Arthur Hammerstein, holding fourth position. Among those
coming up rapidly are: Lriendly Tavern Polka, G’Bye Now,
which is being themed by Horace Heidt’s Ronnie Kemper, and
Do 1 W'orry, on which Tommy Dorsey has concentrated. Just
appearing over the horizon in fifteenth place in national sheet
music best sellers is the Hut Sut Song, the rights to which have
been acquired by BMI, and which bids fair to be the summer’s
sensation.

BMI Grants Clearance at the Source to Exhibitors

The following extract of a letter from Sydney Kaye of Broadcast
Music, Inc., has created wide spread comment among motion
picture exhibitors:

“It is, and always has been, the principle of BMI that the right
sold to a motion picture producing corporation should include not
only the right to record and synchronize the music with the action
of the picture, but also the right to exhibit the picture in all parts
of the world, without payment of any additional sum by the
theatre owner.

“This has been our policy with respect to all synchronization con¬
tracts that we have already made, and we are glad to confirm to
you that it will continue to be our practice in the future. You
may, therefore, be confident that where a BMI tune is legally in¬
cluded in a motion picture, that means that any exhibitor may
freely exhibit the picture without any performing license.”

In this connection. The Independent, motion picture trade maga¬
zine, makes the following comment:

"The monopolistic practices of ASCAP have rubbed theatre
owners sore for many years, and the constant hike in royalty
charges has irked them that much more. The anti-ASCAP legis¬
lation in many states is a certain indication of how exhibitors in
general feel and the fact that theatres were not covered in a recent
consent decree entered into between ASC.AP and the Department
of Justice has left theatre owners amazed, for certainly the more
than a million dollars a year extracted from theatres by ASCAP is
a considerable item and should immediately be eliminated.”

It Happens to Titles Too

By a coincidence of this curious music business BMI finds itself
in a position of licensing two songs with the same title. Everything
Happens to Me. One song was written by Louis A. Davis and his
brother, Ernest Davis and published by Davis & Ostergard, and
the other song by Tom Adair and Matt Dennis, and published by
Embassy Music Corporation (Tommy Dorsey). There is no simi¬
larity in the music of the songs, nor in the sentiment, nor the
lyric, except the title. There is no infringement involved, but the
Davis brothers have offered to do a very sportsmanlike thing and
substitute. Why Did It Happen To Me. There will be slight changes
made in the lyric, one line of the verse being re-written. M. E.
Tompkins, BMPs General Manager, is deeply appreciative of the
generous attitude taken by the composers as well as by Davis and
Ostergard, publishers.

BMI Subscribers More Than Doubled

When BMI entered the NAB Convention in San Francisco last
August, subscribers numbered 311. They are now at a new high
total of more than 700 including non-commercial. Renewals for
BMPs new year, which runs from April to April, have included
all but five of the subscribers for 1940 and many new names have
been added to the list. It is interesting to read some of the com¬
ment which broadcasters have made on the progress of BMI.
“Keep up the good work. You are going strong! and we like it . . .
WFLA: “You are doing a great job, keep it up. We’re behind you
1000 percent.” . . . WCOU; “It is a pleasure to cooperate with
you in every way, and we assure you we will be glad to work
with Broadcast Music, Inc., at all times.” . . . WJAX; “As always
we are only too happy to do anything that would further the
cause of BMI” . . . WBAP; “We are behind BMI 100%, and
nothing gives us more pleasure than to give BMI and its releases
all the publicity possible” . . . KOH; “KFAM is happy to acknowl¬
edge and compliment the fine policies and wonderful progress
made by Broadcast Music, Inc,, and its affiliated broadcasters in
settling once and for all the serious question of fair practices in
the use of music. You may count on our continued support in all
matters” . . . KFAM.

May 9, 1941 — 4 2 5

Fall In

BMI’s Copyright Research Department

In a larf;c office lined with long rows of filing cases. Miss Ottalie
Mark, head of the BMI Copyright Research Department, has as¬
sembled cards for hundreds of thousands of selections, each with
the name of the number, its comp<rscrs, publisher, date of publica¬
tion and designation of the performing rights society that controls
it. In other files are cards with information on thousands of pub¬
lishers, not only those in the United States, but also in such dis¬
tant countries as .Argentina, Japan, Peru, Hungary, Haiti and
many others. A third file of cards is devoted to authors and com¬
posers. Here one can look up almost any living music writer of
importance of popular, standard, hill-billy, devotional, military,
symphonic or an\- other classification of music, and secure his name
and pseudonrm, age, affiliation with performing society, ami
whenever possible, his address. Thus, Miss Mark has at her finger
tips information on practically every composition that might be
used today and every person who is at all important in the world
of music. In addition, broadcasters can also secure information
on the best sources for such obscure and little played material as
Chinese, Arabian and Indian music.

According to cop>right experts, no music firm has ever taken
such extensive steps to avoid errors and infringements as BMI.
An example of this extreme care may be seen in the copyright
background of the public domain numbers being newly arranged.
First, a photostatic copy of the original source material of the
number is obtained, usually from the Library of Congress in Wash¬
ington or the New York Public Library. The composition is then
cleared by BMPs Copyright and Legal Department when it has
been definitely established as P. D. material.

After clearance, the selection is sent to the Arranging Depart¬
ment where it is assigned to an arranger b>- Arthur Gutman, head
of the Department. Finally, when the composition has been scored
in a new orchestration that is copyrighted, it is returned to the
Copyright and Legal Departments for a final check-up. After these
steps have been taken, a iirinted copy of the new arrangement to¬
gether with all “source material’’ is put in a large envelope and
tiled away. Similar records of all BMI’s new popular and standard
songs arc likew'ise kept and put on file.

Because of the complete coverage of every aspect of musical
copyright, BMPs Copyright Department has become a sort of
national fountain head of information pertaining to copyright
questions that is consulted many times daily by BMI stations and
also by many band leaders, singers, theatres, managers and others
who waant authoritative data.

“Because of You”

Without any particular attention. Because of You, a BMI tune
liy Arthur Hammerstein and Dudley Wilkinson, is rapidly gaining
favor not only with the bands, but with concert artists. It has been
sung recently on the best of the musical jirograms and by the best
known artists of the air. Arthur Hammerstein is the same Arthur
Hammerstein who produced Naughty Marietta and Rose Marie,
who introduced Rudolph Friml and who brought to the public
eye such outstanding composers as George Gershwin, Vincent
Youmans, Jerome Kern and others. While he never wrote any of
the music in the successful operettas he produced, there is no
doubt that he contributed to the public reception of the hit num¬
bers that came out of each of these productions. Now, after thirty
years of producing musicals, Mr. Hammerstein and his collabora¬
tor, Mr. Wilkinson, widely known as an accompanist of concert
artists, find themselves hit song writers. It is a new experience for
hotli of them.

.\s Yankee Doodle was characteristic of the “Spirit of 1776’’
and the Battle Cry of Freedom suggested the crusading spirit of the
war between the states, so Fall In, a new patriotic march, now
rolling off the presses of Broadcast Music, Inc., may be said to
reflect the cry that is coming to be heard everywhere today —
AMERICANS, UNITE AND HELP TO KEEP US FREE . .

According to its author. Welcome Lewis, radio singer, the idea
and words for Fall In where inspired by President Roosevelt’s
“Hand that Held the Dagger’’ speech which followed Italy’s en¬
trance into the war on the side of Nazi Germany against her
former ally, France.

•After listening to the President. Miss Lewis was moved to write
the chorus of the song . . . she says now, she didn’t know why, be¬
cause up to that time she had never written a song ... yet the
words just seemed to flow from her typewriter. She put them aside
and it was not until several days later that she persuaded Milton
Shaw to write a melody for them.

Like many another song. Fall In was not accepted at first.
Nearly everyone who read the lyric declared that it was too parti¬
san. At that time the country and particularly the major networks
were leaning over backwards in an effort to be neutral. The policy
of all-out aid to Britain had not yet been endorsed by the public
in the second re-election of Franklin D. Roosevelt and by Con¬
gress with the lease-lend bill.

Even though she was unable to interest a publisher. Welcome
Lewis, convinced of the value of the song’s appeal, re-wrote the
lytic in milder tone . . . had it okayed by music clearance and
began to plug it as an unpublished number on her own audience
participation show, the Welcome Lewis Singing Bee on the Colum¬
bia Broadcasting System.

The first performance of the song proved that she was right.
She was deluged with letters and appeals for copies from patriotic
societies as well as individuals throughout the country. For months
the requests poured in. and finally in recent w'eeks when the appeal
lor Unity in the country reached nation-wide proportions and
opened discussion on the floor of Congress, BMI became interested
and decided to publish the song.

A stirring march, Fall In is easily singable as well as playable
and will undoubtedly irrovide the strains for many a rookie’s daily
dozen on the parade grounds.

The girl wdio wrote it is a Californian, a petite brunette, and a
member of a large family noted for musical accomplishments.

graduate of \'enice Fligh School and the daughter of the
former Mayor of Venice, California, she stinlied violin under her
brother, the first violinist of the Los .Xngeles Sr-mphony Orchestra,
but became famous as a singer on the radio despite the fact that
she never had a singing lesson in her life.

Her grandfather was FTank Emil Englander, former concert mas¬
ter of the San Francisco Symphony Orchestra and one of the most
famous musicians on the West Coast.

I AM AN AMERICAN

ASCAP has advised the NAB that any station has per¬
mission to broadcast the composition “I AM AN AMERI¬
CAN” on I AAI AN AAIERICAN DAY.

DAYLIGHT SAVING TIME

Reitlying to Neville Miller’s letter directing attention
to the desirability of national daylight saving time, IMr.
William S. Knudsen, Director General of the Office of
Production IManagement, states that the matter is now

426 — May 9, 1941

under discussion in the various sections of the Office of
Production Management.

Last week at a press conference the President is reported
to have said that national daylight saving time is a matter
for Congress to decide. It is generally felt in Washington
that when, as and if the 0PM indicates its approval, a
national daylight saving bill will promptly be passed by
Congress.

We print below the exchange of correspondence;

“April 8, 1941.

Honorable William S. Knudsen,

National Defense Commission,

Washington, D. C.

My dear Mr. Knudsen:

There have been introduced in Congress two bills to provide for
daylight saving time on a nation-wide basis, — one H. R. 3789 by
Representative McLean (R.-N. J.) and the other H. R. 4206 by
Representative Keogh (D.-N. Y.) Our Board of Directors has
voted unanimously to support national daylight saving time for
the reason that it will solve the broadcasting industry’s semi¬
annual programming problems arising out of the fact that some
states operate on daylight saving time and others do not. The
Association of American Railroads fhrough its Board of Direc¬
tors has also, I am informed, voted to support national daylight
saving time.

I do not know what consideration, if any, the Defense Commis¬
sion has given fo the question of the desirability of national day¬
light saving time as a defense measure. Our Association, and
others, deem it of transcendent importance. If you concur in our
view, we urge that you make a public statement to that effect.

Very truly yours,

NM/hml Neville Miller.”

“May 1, 1941.

Mr. Neville Miller,

National Association of Broadcasters,

Normandy Building,

1626 K Street, N. W.,

Washington, D. C.

Dear Mr. Miller:

This will acknowledge your letter of April 8 with reference to
H. R. 3789 and H. R. 4206, bills to provide for daylight saving
time on a nationwide basis.

I appreciate your thoughtfulness in bringing this matter to my
attention, and it is now under discussion in the various sections
of the Office of Production Management.

Yours very truly,

William S. Knudsen.”

The NAB Research Department mailed today to the
NAB Board of Directors the report of the survey of
broadcast stations and its study of the daylight saving
time problem.

The report clearly indicates that 72% of the reporting
stations favor universal daylight saving as the means to
end the twice yearly programming problems which arise
due to partial observance of daylight saving time.

COPYRIGHT AND LIBEL INSURANCE

The NAB Insurance Committee met in New York May
1 to review forms of insurance policies recently submitted
by several insurance companies to cover broadcasters
against libel, slander and copyright infringement suits.
The committee passed a resolution that the Insurance
Committee itself should draft a form of such an insurance

policy for submission to underwriters so that they may
consider writing the type of coverage recommended by
the Insurance Committee, and thereby make this type
of insurance, — which the committee feels is sorely needed,
— available to all broadcasting stations. The committee in¬
structed Charles A. Wall, NBC, a member of the com¬
mittee, to begin preparation of a form of policy which
will meet the needs of the broadcasters, and to negotiate
with those insurance companies which are interested in
writing this type of insurance.

SELECTIVE SERVICE

Responsive to numerous inquiries concerning deferment
of radio technicians under the selective Service Act and
Regulations, NAB today mailed questionnaires to the en¬
tire broadcasting industry to elicit the facts for submission
to National Selective Service Headquarters for appropri¬
ate action. Blanket deferment is illegal under the Act, but
there is the possibility that if the survey shows broad¬
casting to be unduly harmed by induction of technicians,
the National Selective Service Headquarters may decide
to instruct the 48 State Occupational Advisors to investi¬
gate all radio technicians before induction. In that event,
stations should advise their State Selective Service Head¬
quarters of the names of their technicians subject to draft,
and request deferment for six months. Results of the sur¬
vey, and further developments, will be released when
known.

FEDERAL LEGISLATION

HOUSE

H. R. 4619 (Sacks, D-Penna.) COMMUNICATIONS .4CT —
To amend the Communications .^ct of 1934 so as to prohibit and
penalize the unauthorized recording or mechanical reproduction
of music and other program material transmitted by wire or radio.
Referred to Committee on Interstate and Foreign Commerce.

STATE LEGISLATION

Florida:

H. 666 (Overstreet) BROADCASTING STATIONS— Amend
Sec. 1, Chapt. 19616. Acts of 1939, relating to civil liabilities of
lessee operators of broadcasting stations and their agents and
employees. Referred to Committee on Judiciary “A”.

Illinois:

S. 45S (Flagg) LIBEL & SLANDER — Provides no action for
libel or slander shall be started against any person, firm or cor¬
poration which publishes actionable matter through an honest
mistake as to the truth thereof if, upon being appraised of the
truth, such person, firm or corporation publishes a prominently
displayed retraction of original erroneous matter. Referred to
Committee on Judiciary.

S. 456 (Flagg) LIBEL — Provides no prosecution for libel where
person publishes prominently displayed retraction of same. Re¬
ferred to Committee on Judiciary.

Michigan:

S. 382 (Baldwin) FOOD, DRUG, COSMETIC ACT— A bill
to safeguard the purchasing public from injury by merchandising
deceit, flowing from interstate commerce in food, drugs, devices,
and cosmetics. Referred to Committee on Public Health.

S. 431 (Blondy) group LIBEL — A bill to prohibit group
libel, and to provide a penalty therefor. Referred to Committee
on Judiciary.

May 9, 1941 — 427

FEDERAL COMMUNICATIONS
COMMISSION

TELEVISION GETS GREEN LIGHT

Following is the FCC report, giving commercial tele¬
vision a green light for July 1:

REPORT ON MARCH 20, 1941, TELEVISION
HEARING

Docket No. 5806

By the Commission (Fly, Chairman, and Commissioners Walker,
Payne, Thompson and Wakefield concurring; Commissioners Case
and Craven not participating) ;

On March 20, 1941, a hearing was held for considering when
television broadcasting “shall be placed upon a commercial basis”
and for considering rules and regulations and standards for such
stations.

Upon the hearings held in January and in April of 1940, the
Commission found the industry divided upon the basic question
whether television was ready for commercial broadcasting, and
also found the industry divided as to transmission standards for
television broadcast stations. Some believed that television had
not reached the point where it could offer sufficient entertainment
value to justify commercial operation and that standardization
would result in the freezing of the science at the then level of
efficiency. Others were determined to proceed at all costs with
the launching of television on a large scale.

In its report of May 28, 1940, on the April hearing, the Com¬
mission declared:

“As soon as the engineering opinion of the industry is prepared
to approve any one of the competing systems of (television) broad¬
casting as the standard system the Commission will consider the
authorization of full commercialization. That a single uriiform
system of television broadcasting is essential — so far as the basic
standards are concerned — must also be amply clear. The public
should not be inflicted with a hodge podge of different television
broadcasting and receiving sets.”

Because the situation was one which threatened to hold up
coordinated television development indefinitely and to delay public
service on a widespread basis, the Commission offered its coopera¬
tion to the industry along lines in furtherance of the achievement
of higher standards by research and development.

First, it provided for new experimental television stations in
various sections of the country to engage in practical demonstra¬
tion of prevailing competing systems. Later, it collaborated with
the Radio Manufacturers Association (RMA) in creating the
National Television System Committee (NTSC). The RM.^ felt
that “Because of the inadequacy of ihe various suggested standards
for television” all existing systems should be explored and de¬
veloped, and new standards formulated. The NTSC was given
this task.

The Commission now finds the industry entirely in agreement
that television broadcasting is ready for standardization. The
standards as finally proposed by the NTSC at the March 20, 1941,
hearing, represent, with but few exceptions, the undivided engineer¬
ing opinion of the industry. Some difference of opinion exists
among broadcasters as to the date when commercial operation
should begin. The National Broadcasting Company and the
Columbia Broadcasting System, in effect, urged some delay in
beginning commercial television. However, the Commission is

of the opinion that the reasons advanced for the delay are not
controlling. Other leading figures in the industry that earlier op¬
posed commercialization, such as Philco, Zenith, and De F'orest,
now express the view that the present stage of scientific develop¬
ment warrants prompt standardization and commercialization.

The demonstrations conducted by different broadcasters and
manufacturers for the benefit of the NTSC and the Commission
revealed the merits and demerits of the systems upon which stand¬
ards could be based. The eleven volumes constituting the pro¬
ceedings of the Committee and its subcommittees stand as evi¬
dence of the great volume of work done. The Commission ac¬
knowledges its appreciation to the RMA and NTSC for their co¬
operation in performing this worthwhile work.

The three-color television system demonstrated by the Columbia
Broadcasting System during the past few months has lifted tele¬
vision broadcasting into a new realm in entertainment possibilities.
Color television has been known for j^ears but additional research
and development was necessary to bring it out of the laboratory
for field tests. The three-color system demonstrated insures a
place for some scheme of color transmissions in the development
of television broadcasting.

The NTSC proposals provide that color television be given a
six-month field test before standardization and commercialization.
The Commission finds this requirement necessary. However, im¬
mediate experimental color program transmissions are encouraged.

The standards proposed by the NTSC provide for most of
the improvements held out as readily possible a year ago for
monochrome transmissions (black and white pictures). These
standards fix the line and frame frequencies at S2S and 30, respec¬
tively.^ The 52 S lines provide for greater detail in the pictures
transmitted than the 441 lines advocated a year ago. They give
substantially equal resolution and more fully exploit the possibili¬
ties of the frequency bands allocated for television. Different line
and frame frequencies will likely be required for color transmis¬
sions. This, however, is a matter for future consideration after
color transmissions have been adequately field tested.

A year ago one of the weakest phases of the proposed television
standards was an unreliable synchronizing pulse which frequently
caused the loss of the picture under interference conditions. A
few weeks before the March 20, 1941 hearing, developments were
brought forth for greatly intensifying the synchronizing signals
transmitted. These developments have been incorporated in the
new standards. The demonstrations witnessed by the Commission
impressively showed the tenacity with which this new form of
synchronizing signals hold the picture in place under extremely
adverse interference conditions.

The proposed standards require frequency modulation for
sound accompanying the pictures. Television is therefore benefited
by the recent development of frequency modulation.

The standards proposed by the NTSC reasonably satisfy the
requirement for advancing television to a high level of efficiency
within presently known developments. These standards are
adopted by the Commission and made effective immediately.

The Commission feels that this state of the science affords
some reasonable assurance against early obsolescence of equip¬
ment. At the same time, it must explicitly recognize the advanc¬
ing and necessarily fluid state of the science. Accordingly, pro¬
cedure has been provided for the consideration of new develop¬
ments, including, but by no means limited to color television.

Procedure is also provided for expediting completion of the tele¬
vision stations now authorized by the Commission. Existing

1 Certain experimental systems require variable line and frame frequencies.
However, the fixed values proposed appear to be best for monochrome trans¬
missions, because only 30-franie pictures have been fully developed and as
ions as the frequency band for television channels (aural and visual) is
limited to 6 meBacycles not more than 525 lines can be employed to ad¬
vantage with 30 frames.

428 — May 9, 1941

licensees and permittees who can satisfy the Commission that
their station construction will meet all the engineering requirements
of the rules and regulations and standards for such stations may
begin commercial operation on July 1, 1941.

The Commission finds that at least six months will be required
for obtaining comparative test data on the alternative methods
permitted for transmitting synchronizing signals. Such data are
necessary for further limiting the signal synchronizing standards.
The Commi-ssion is requesting the industry to provide the neces¬
sary test data as to both color transmissions and synchronizing
signals within the six-month period following the beginning of
commercial operation.

The regulations require that at least IS hours program service
per week shall be rendered by each station.

The Commission adheres to the policy set forth in its report
on the .'Vpril, 1940, television hearing regarding multiple ownership
or control of television broadcast stations. Under this policy no
person is permitted to own or control more than three television
broadcast stations.

This is to preserve the public benefits of competition in the
use of the limited number of channels available for television
broadcasting.

The Order and appropriate regulations carrying out the prin¬
ciples of this report were adopted by a unanimous vote of the
Commission en banc in its meeting of April 30, 1941. Copies of
those documents are attached to this report.

FEDERAL COMMUNICATIONS
COMMISSION DOCKET

Following broadcast hearing is scheduled to be heard
before the Commission during the week beginning Mon¬
day, May 12. It is subject to change.

Friday, May 16

KM.A — May Broadcasting Company, Shenandoah, Iowa. — Renewal
of license, 930 k<“., 1 KW night, S KW day, unlimited time.

FUTURE HEARINGS

During the past week the Commission has announced
the following future hearings in broadcast cases. They
are subject to change.

May 26

KFNF — KFNF. Incorporated, Shenandoah, Iowa. — Renewal of li¬
cense, 890 ke., 500 watts night, 1 KW day, SH-KUSD.

Consolidated Hearing

WCAM — City of Camden, Camden, N, J. — Renewal of license,
1380 kf., 500 watts night, 500 watts LS, shares WTNJ and
WC.^P.

WCAP — Radio Industries Broadcast Co., Asbury Park, N. J. —
Renewal of license, 1380 ke., 500 watts night, 500 watts
LS, shares WTNJ and WCAM.

WTNJ — WOAX, Incorporated, Trenton, N. J. — Renewal of license,
1380 k(‘., 500 watts night, 500 watts LS, shares WC.\M
and WC.AP.

WTNJ— WOAX, Incorporated, Trenton, N. J.— C. P., 1330 kc.,
1 KW, unlimited, DA-day and night.

NEW — Trent Broadcast Corporation, Trenton, N. J. — C. P , 1330
kf., 1 KW, unlimited, DA-day and night.

WD.^S — WD.yS Broadcasting Station, Inc., Philadelphia, Pa, —
C. P,, 13(10 kf., 1 KW night, 5 KW day, U.A-night, un¬
limited.

June 3

Broadcast

Consolidated Hearing
To Be Held in Portsmouth, Ohio
Court Room To Be Assigned Later

WP.AY — Chester A. Thompson (Transferor) and The Brush-Moore
Newspapers, Inc. (Transferee), Portsmouth, Ohio — Transfer
of control of corporation, 1379 kf., 100 watts, unlimited.
WPAY — Vee Bee Corporation, Portsmouth, Ohio. — Renewal of li¬
cense, 1379 kf., 100 watts, unlimited.

FEDERAL COMMUNICATIONS
COMMISSION ACTION

APPLICATIONS GRANTED

WWNC — Asheville Citizens Times Co., Inc., .Asheville, N. C. —
Granted construction permit, subject to action on renewal
proceedings, to move transmitter to Emma and Maple
Crest Roads, near Emma, N. C., approximately 3 miles due
west of center of .Asheville; install new transmitter, increase
power from 1 to 5 KW day and night, 579 kf., employing
directional antenna at night, subject to approval by Chief
Engineer (B3-P-2644).

WSYR — Central New York Broadcasting Corp., Syracuse, N. Y. —
Granted construction permit to install new transmitting
equipment, make changes in directional antenna for both
day and night use, and increase power from 1 to 5 KW
unlimited time on 579 kf., on condition that proof of per¬
formance and installation of a recording meter at a monitor¬
ing point on the radial toward WMC.A, New York, be
submitted (Bl-P-2706).

WMC.A — Knickerbocker Broadcasting Co., Inc., New A^ork City. —
Granted modification of license to increase nighttime power
from 1 to 5 KW, 579 kf., 5 KW day, unlimited time, using
directional antenna day and night (Bl-ML-1064) .

WKBN — WKBN Broadcasting Corp., Youngstown, Ohio. — Granted
construction permit to increase power from 500 watts night,
1 KW day to 5 KW, increase hours of operation from
specified hours (sharing WOSU), to unlimited time, install
new transmitter and directional antenna for night use; 579
kf. (B2-P-2547).

WKBN — WKBN Broadcasting Corp., Youngstown. Ohio. — Granted
modification of license to change hours of operation from
specified hours (sharing WOSU) to unlimited, on condition
that no operation pursuant to the grant shall be under¬
taken until station WOSU commences operation on fre¬
quency 839 kf. (B2-ML-1059) .

WOSU — The Ohio State University, Columbus, Ohio. — Granted
construction permit to install new transmitter, change fre¬
quency from 579 to 839 kf., increase power from 1 to 5
KW, and hours of operation from specified hours (sharing
WKBN) to limited to local sunset at Dallas, Texas (B2-
P-3138).

WCBD — WCBD, Inc., Chicago, III. — Granted construction permit
to make changes in equipment, change frequency from 1119
to 839 kf., increase power from 5 to 10 KW, and change
hours of operation from L-WBT, sharing WMBI, to daytime
only (B4-P-2974).

WM.AZ — Southeastern Broadcasting Co., Inc., Macon, Ga. —
Granted construction permit to increase ni.ght power from
1 to 5 KW, increase hours of operation from limited to
unlimited time; move transmitter to Forsyth Road, approxi¬
mately 6 miles west-north-west of the center of Macon,
install directional antenna for day and night use; 949 kf.,
5 KW day (B3-P-3043).

KGEZ — Donald Treloar, Kalispell, Mont. — Granted modification
of construction permit for approval of directional antenna
system for night use (B5-MP-1 173) .

WJBC — .Arthur Malcolm McGregor and Dorothy Charlotte Mc¬
Gregor, a Partnership (.Assignor), .Arthur Malcolm McGregor
and Dorothy Charlotte McGregor, and Hugh L. Gatley
(.Assignee), Bloomington, 111. — Granterl application for as¬
signment of license of station WJBC from Arthur Malcolm
McGregor and Dorothy Charlotte McGregor, a Partnership,

May 9, 1941 — 4 29

to Arthur Malcolm McGregor, Dorothy Charlotte McGregor
and Hugh L. Gatley, a Partnership; station operates on
1230 kc., 250 watts, unlimited time (B4-AL-306).

KNET — John Calvin Welch, William M. Keller, and Bonner Friz¬
zell, d/b as Palestine Broadcasting Association (Assignor),
Bonner Frizzell (Assignee), Palestine, Tex. — Granted consent
to assignment of license of station KNET from John Calvin
Welch, William M. Keller, and Bonner Frizzell, d/b as
Palestine Broadcasting Association, to Bonner Frizzell;
station operates on 1450 kf., 100 watts, davtime only (B3-
AL-287).

WSJS-WALH-WBLQ — Piedmont Publishing Co., Winston-Salem,
N. C. — Granted consent to relinquishment of control by
Gordon Gray over Piedmont Publishing Company, licensee
of broadcast station WSJS and relay stations WALH and
WBLQ, to 86 stockholders, conditionally, and granted re¬
newal of license for station WSJS on a regular basis; (!01( kc.,
250 watts night and day, unlimited time; (under construc¬
tion permit 1 KW night and day, directional antenna at
night) (B3-TC-266).

WCAX — Burlington Daily News, Inc., Burlington, \’t. — Granted
construction permit to change frequency from !23(( to
620 k«'.; increase power from 250 watts night and day to

1 KW night and day; move transmitter to Yi mile north
of Pine Island, Colchester, 2.8 miles north of center of
Burlington; install new transmitter and directional antenna
for day and night use (Bl-P-3082).

Chilton Radio Corp., Dallas, Tex. — Granted construction permit
for new station to operate on 660 kp. ; 1 KW ; daytime.
Exact site to be determined, and the grant is made upon the
express condition that applicant later file an application for
modification of construction permit, specifying the exact
transmitter location (B3-P-2487).

Northwest Georgia Broadcasting Co., Cedartown, Ga. — Granted
construction permit for a new station to operate on 1340
kc., 250 watts, unlimited time (B3-P-3029).

Cascade Broadcasting Co., Inc,, Everett, Wash. — Granted construc¬
tion permit, subject to engineering conference, for a new
station to operate on 1460 kp.. 500 watts; unlimited time.
To specify transmitter site as Pacific Highway, outside city
limits of North Everett, Wash. Studio site to be deter¬
mined (B5-P-2008).

Tacoma Broadcasters, Inc., Tacoma, Wash. — Adopted order grant¬
ing application for construction permit for a new station
to operate on 1490 kp., with power of 250 watts, unlimited
time, subject to the condition that permittee shall, within

2 months, file with the Commission an application for modi¬
fication of construction permit requesting the use of fre¬
quency 1490 with operating power of 250 watts, unlimited
time, specifying therein the exact transmitter location and
antenna system to be used. If for any reason such appli¬
cation cannot be submitted within the time allowed, an
informal request for extension of time must be submitted
stating the necessity therefor (Docket No. 5229).

Michael J. Mingo, Tacoma, Wash. — Adopted order granting appli¬
cation for construction permit to operate a new station on
frequency 1439 kp. with 500 watts or 1 KW, unlimited time,
subject to condition that permittee shall within two months
file an application for modification of construction permit
requesting authority to operate on the frequency 1439 kp.
with power of 500 watts or 1 KW, unlimited, to comply with
the requirements of Sec. 3.22 (c) (2) of the Commission's
Rules. If for any reason such application cannot be sub¬
mitted within the time allowed, an informal request for
extension of time must be submitted stating the necessity
therefor (Docket 4937).

W45D — The Evening News .Association, Detroit, Mich. — Ordered
issuance of construction permit for new F'M station and
authority to operate a 3 KW transmitter for a period of
60 days, without prejudice to determination of newspaper
issue.

W45CM — WBNS, Inc., Columbus, Ohio. — Ordered issuance of con¬
struction permit for new FM station and authority to operate
a 3 KW transmitter for a period of 60 days, without prejudice
to determination of newspaper issue.

W45BR — Baton Rouge Broadcasting Co., Inc., Baton Rouge, La. —
Ordered issuance of construction permit for new FM station
without prejudice to determination of newspaper issue.

430 — May 9, 1941

APPLICATION DENIED

WlXG — General Television Corp., Boston, Mass. — Denied petition
for 30 day extension of temporary authority to operate visual
and aural television transmitters (Dockets 5988 and 5989).

DESIGNATED FOR HEARING

Fairfield Broadcasting Corp., Lancaster, Ohio. — Designated for
hearing application for construction permit for new station
to operate on 829 kc., 250 watts, daytime only. Exact
site of transmitter and studio to be determined with Com¬
mission’s approval (B2-P-2976).

KEVR — Evergreen Broadcasting Corp., Seattle, Wash. — Desig¬
nated for hearing application for construction permit to
change frequency from 1409 kc. to 1990 kc., increase power
from 100 watts to 250 watts day and night, increase hours
of operation from sharing with KRKO to unlimited, move
transmitter and studio to 810-812 Third Avenue, Seattle,
and install new equipment (B5-P-2023).

Nashville Radio Corp., Nashville, Tenn. — Designated for hearing
application for new station to operate on 1410 kc., 1 KW
night and day, using directional antenna, different patterns
day and night (B3-P-3034).

.A. M. Burton, Nashville, Tenn. — Designated for heanng applica¬
tion for new station to operate on 1410 kc., 1 KW night
and day, with directional antenna with different adjustments
day and night, unlimited time. Exact studio site to be
determined. Joint hearing to be held on both Nashville
applications (B3-P-3072).

WPRP — Julio M. Conesa, Ponce, P. R. — Designated for hearing
application for renewal of license for station WPRP and
application for construction permit to increase power and
change frequency, and application for modification of con¬
struction permit for approval of antenna site, station now
operates on 1429 kc., 250 watts, unlimited (B-R-882,
B-P-2377 and B-MP-1024).

MISCELLANEOUS

KFEQ — KFEQ, Inc., St. Joseph, Mo. — Granted special temporary
authority to operate from 8:30 p. m. CST to conclusion
opening baseball game of the Western Association on May
2, 1941, in order to broadcast said program only, using 500
watts only (B4-S-635).

KWLC — Luther College, Decorah, Iowa. — Granted special tem¬
porary authority to operate from 10:45 to 11:30 a. m. CST,
May 1, 1941, in order to broadcast Convocation and chapel
exercises in connection with the annual Senior Day; from
3:30 to 4:30 p. m., and 5:30 to 6:30 p. m., May 1, 1941,
in order to broadcast baseball game with the University of
Iowa; from 3:30 to 4:30 p. m., and 5:30 to 6:30 p. m. CST,
May 6, 1941, to broadcast a baseball game with Simpson
College; from 3:30 to 4:30 p. m., CST, May 10, 1941, to
broadcast a baseball game with Iowa State Teachers Col¬
lege; from 3:30 to 4:30 p. m., and 5:30 to 6:30 p. m. CST,
May 15, 1941, to broadcast a baseball game with North¬
western University; from 3:30 to 4:30 p. m., and 5:30 to
6:30 p. m., CST, May 22, 1941, to broadcast baseball game
with the University of California.

WGES — Oak Leaves Broadcasting Station, Inc., Chicago, Ill. —
Granted special temporary authority to operate from 8
p. m. to 12 midnight, CST. April 30, 1941, in order to
broadcast the President’s address and rebroadcast same in
a number of foreign languages only.

WMKO — Martin R. O’Brien, North Aurora, Ill. — Granted special
temporary authority to operate until 8 p. m., CST, on
May 1, 1941, in order to complete a program of the
Protestant Religious Educational Society at Elgin, Ill., only
(B4-S-995).

KGLO — Mason City Globe Gazette Co., Mason City, Iowa. —
Granted modification of construction permit (B4-P-2329),
which authorized installation of new transmitter and DA
for night use, increase in power, change of frequency, and
move of transmitter, for change in directional antenna on
]?)99 k(‘. under NARB.A, and extension of commencement
date to 30 days after grant and completion date to 60
days thereafter (B4-MP-1283) .

WFBL — Onondaga Radio Broadcasting Corp., Syracuse, N. Y. —
Granted special temporary authority to rebroadcast trans¬
mission on April 30, at 4 p. m., of aircraft radio station

aboard U. S. Army plane in order to aid recruiting drive
of the U. S. Army.

WNYE — Board of Education, City of New York. — Granted ex¬
tension of special temporary authority to continue to operate
noncommercial Educational Broadcast station on 41100 kc.,
for the period May 1 to May 30, pending completion of
construction under application (Bl-PED-16).

W2XOY — General Electric Co., New Scotland, N. Y, — Granted
extension of special temporary authority to operate high
frequency experimental broadcast station on 48300 kc.,
2500 watts, special emission for FM, for the period May
1 to May 30, 1941.

W2XQR — John V. L. Hogan, Long Island City, N. Y. — Granted
special temporary authority to operate a high frequency
experimental broadcast station on 48700 kc., with 100 watts
power, special emission for FM, for the period May 1 to
July 1, 1941. (No authority is granted to conduct a
facsimile broadcast service.)

WTBO — .Associated Broadcasting Corp., Cumberland, Md. — •
Granted special temporary authority to operate from 9; 15
p. m., EST, to conclusion of President Roosevelt’s address
on April 30, 1941, in order to broadcast said address only.

WMBS — Fayette Broadcasting Corp., Uniontown, Pa. — Granted
license to use old RCA 2S0-D transmitter as auxiliary trans¬
mitter, for emergency use only (B2-L-1377).

WMVA — Martinsville Broadcasting Co., Martinsville, Va. — Granted
license to cover construction permit (B2-P-2226) for new
station; 1450 kc., 100 watts night, 250 watts LS, un¬
limited time (B2-L-1384). Also granted authority to de¬
termine operating power by direct measurement of antenna
input (B2-Z-814).

KFOR — Cornbelt Broadcasting Corp., Lincoln, Neb. — Granted
license to cover construction permit (B4-P-3087, w'hich
reinstates B4-P-2537, for changes in transmitting equipment,
antenna, increase in power, and move of transmitter), on
1340 kc. under NARBA (B4-L-137S). Also granted au¬
thority to determine operating power by direct measurement
of antenna input, on 1340 kc. under NARB.A (B4-Z-790).

WMBS — Fayette Broadcasting Corp., Uniontown, Pa. — Granted
license to cover construction permit (B2-P-2711, for new
transmitter, installation of DA for night use, increase in
pow'er and change in frequency) (B2-L-1376). Also granted
authority to determine operating pow'er by direct measure¬
ment of antenna input (B2-Z-791).

KPOW — Albert Joseph Meyer, Powell, Wyo. — Granted license to
cover construction permit (B5-P-2593, for new station to
operate on 1330 kc., 250 w'atts, unlimited time), (B5-L-
1378). Also granted authority to determine operating power
by direct measurement of antenna input (B5-Z-795).

WIBG — Seaboard Radio Broadcasting Corp., Glenside, Pa. —
Granted special temporary authority to operate from local
sunrise Glenside, to local sunset at Knoxville, Tenn. (Station
WNOX) instead of daytime as stipulated in reallocation,
for period beginning April 29 and ending no later than
May 27, pending action on formal application for such
authority (B2-S-339).

WSOY — Commodore Broadcasting, Inc., Decatur, Ill. — Granted
petition for extension of time to May 15 in w'hich to hie
amendment to application for construction permit to change
frequency and increase power.

KYUM — Yuma Broadcasting Co., Yuma, Ariz. — Granted au¬
thority to determine operating power by direct measure¬
ment of antenna power on 1340 kc. under NARBA
(B5-Z-799).

WAOV — Vincennes Newspapers, Inc., Mncennes, Ind. — Granted
authority to determine operating power by direct measure¬
ment of antenna pow'er on 1450 kc. under NARB.\

(B4-Z-805).

KDB — Santa Barbara Broadcasters, Ltd., Santa Barbara, Cal. —
Granted authority to determine operating power by direct
measurement of antenna power on i400 kc. under NL4RBA
(BS-Z-785).

WTRC — The Truth Publishing Co., Inc., Elkhart, Ind. — Granted
authority to determine operating power by direct measure¬
ment of antenna power on 1340 kc. under NARBA

(B4-Z-800).

WMBD — Peoria Broadcasting Co., Peoria, Ill. — Granted authorit\’
to determine operating power by direct measurement of
antenna power on 1470 kc. under N.'\RB.\ (B4-Z-803).

KFDA — Amarillo Broadcasting Corp., Amarillo, Tex. — Granted
authority to determine operating power by direct measure¬

ment of antenna power on 1330 kc. under NARB.\
(B3-Z-815).

WBT — Columbia Broadcasting System, Inc., Charlotte, N. C. —
Granted authority to determine operating power by direct
measurement of antenna power on 1110 kc. under NARBA
(B3-Z-813).

KFBB — Buttery Broadcast, Inc., Great Falls, Mont. — Granted
modiheation of construction permit (B5-P-2920, which
authorized increase in power and installation of D.\ for
night use), for changes in directional antenna on 1310 kc.
under NARBA (BS-MP-1252) .

WGCA — Gainesville Broadcasters, Gainesville, Ga. — Granted modi¬
heation of construction permit {B3-P-2627, which author¬
ized a new station) for approval of antenna, of transmitter
and studio sites at Athens Road, Gainesville, and request
frequency 1340 kc. under N.ARBA (B3-MP-1040) .

WWJ — The Evening News Assn., Detroit, Mich, — Granted modi¬
heation of construction permit (B2-P-2880, w'hich author¬
ized changes in transmitting equipment, increase in pow'er
and installation of DA for night use), for changes in direc¬
tional antenna on 050 kc. under NARBA, and extension
of completion date to 120 days after grant (B2-MP-1268) ,

KMA — May Broadcasting Co., Shenandoah, Iowa. — Granted au¬
thority to determine operating power by direct measurement
of antenna pow’er on 060 kc. under N.ARB.A (conditionally),
(B4-Z-808).

KH.AS — The Nebraska Broadcasting Co., Hastings, Neb. — Granted
authority to determine operating power by direct meas¬
urement of antenna power on 1330 kc. under N.ARBA
(B4-Z-773).

KIUP — San Juan Broadcasting Co., Durango, Colo. — Granted
authority to determine operating pow'er by direct meas¬
urement of antenna power on 1400 kc. under N.ARBA
(B5-Z-812).

WL.AV — Leonard A. Versluis, Grand Rapids, Mich. — Granted
authority to determine operating power by direct meas¬
urement of antenna pow'er on 1340 kc. under N.ARBA
(B2-Z-809).

WHK — FTnited Broadcasting Co., Cleveland, Ohio. — Granted au¬
thority to determine operating power by direct measure¬
ment of antenna power on 1430 kc. under N.ARB.A
(B2-F-216).

WLAP — .American Broadcasting Corp. of Ky., Lexington, Ky. —
Granted authority to determine operating power by direct
measurement of antenna power on 1450 kc. under N.ARB.A
(B2-Z-834).

WBAB — Press-Union Publishing Co., Atlantic City, N. J. —
Granted authority to determine operating power by direct
measurement of antenna power on 1400 kc. under N.ARBA
(Bl-Z-823).

VVIL — Missouri Broadcasting Corp., St. Louis, Mo. — Granted au¬
thority to determine operating power by direct measure¬
ment of antenna power on 1330 kc. under N.ARB.A
(B4-Z-841).

WE.AU — Central Broadcasting Co., Eau Claire, Wis. — Granted
authority to determine operating pow'er by direct meas¬
urement of antenna power on 1070 kc. under N.ARB.A
(B4-Z-840).

VVKBVV — Buffalo Broadcasting Corp., Buffalo, N. A^. — Granted
authority to determine operating power by direct meas¬
urement of antenna power on 1530 kc. under N.ARB.A
(Bl-Z-745).

KOBH — Black Hills Broadcast Co. of Rapid City, Rapid City,
S. Dak, — Granted authority to determine operating pow'er
bv direct measurement of antenna pow'er on 1400 kc. under
N.ARBA (B4-Z-797).

KVO.A — Arizona Broadcasting Co., Inc., Tucson, Ariz. — Granted
authority to determine operating power by direct meas¬
urement of antenna power on 1300 kc. under N.ARB.A
(BS-Z-798).

KP.AB — Marvel M. Valentine, Laredo, Texas. — Granted authority
to determine operating power by direct measurement of
antenna power on 1400 kc. under N.ARB.A (B3-Z-826).

WDZ — WDZ Broadcasting Co., Tuscola, Ill. — Granted authority
to determine operating power by direct measurement of
antenna power on 1050 kc. under N.ARB.A (B4-Z-839).

WKBH — WKBH, Inc., LaCrosse, Wis. — Granted authority to de¬
termine operating power by direct measurement of antenna
input on 1410 ke. under N.ARB.A (B4-Z-751).

WL.AP — .American Broadcasting Corp. of Ky., Lexington, Ky. —
Granted license to cover construction permit (B2-P-2900),
which authorized move of transmitter and installation of

May 9, 1941 — 431

new antenna, specifvinp; Mod ko. under NARBA (B2-L-
1.580).

KOB — Albuquerque Broadcasting Co., .Albuquerque. N. Mex. —
Granted modification of construction permit (B5-P-2783,
lor new transmitter and increase in power from 10 to 50
KVV), for extension of completion date to July 6, 1941
(B5-P-1273).

VVEBC — Head of the Lakes Broadcasting Co., Uuluth. Minn. —
Granted modification of construction permit (B4-P-2821,
which authorized increase in power and installation of di¬
rectional antenna for night use) for changes in directional
antenna on 1320 kc. under N.ARB.A (B4-MP-1254).

KBVVI) — Brown County Broadcasting Co., Brownwood, Tex. —
Granted modification of construction permit (B3-P-2672 for
new station) requesting approval of antenna, new trans¬
mitter studio and transmitter sites, and 1380 kc. under
NARBA (B3-MP-1212).

VVJ.AS — Pittsburgh Radio Supply House, Pittsburgh, Pa. — Granted
modification of construction permit (B2-P-2947, for increase
in power to S KW, installation of directional antenna for
night use) for changes in antenna system and requesting
1320 kc. under NARB.A; extension of commencement date
to 30 days after grant and completion date to 180 days
thereafter (B2-MP-1269) .

W.AL.A — Pape Broatlcasting Co., Mobile, Ala. — Granted modifica¬
tion of construction permit (B3-MP-932, which author¬
ized increase in power, installation of new equipment, and
DA for night use, and move of transmitter) for change in
type of transmitter, and changes in directional antenna on
1410 kc. under NARBA (B3-MP-1270) .

WKMO — Kokomo Broadcasting Corp., Kokomo, Ind. — Granted
license to cover construction permit (B4-P-2842, as modified,
which authorized new station on 1400 kc. under NARB.A,
250 watts, unlimited time (B4-L-1386). .Also granted au¬
thority to determine operating power by direct measurement
of antenna power on 1400 kc. under N.ARB.A (B4-Z-820).

W2XMN — Edwin H. .Armstrong, Alpine, N. J. — Granted special
temporary authority to operate an additional transmitter
located at .Alpine. N. J., on 43 me. with power not to exceed
40 KW, using frequency modulation for a period of 10 days
beginning May 1 to May 10, in order to conduct further
experiments on adjacent channel operation of high frequency
broadcast stations and to demonstrate such operation to
certain engineering committees of the RM.A.

W2XBS — National Broadcasting Co., Inc., New A’ork City. —
Granted extension of special temporary authority to operate
television broadcast station with special emLssion in addition
to A3 emission on Channel No. 1, in order to conduct
experimental tests for National Television Standards Com¬
mittee and NBC, for period May 1 to May 25, 1941.

KGNC — Plains Radio Broadcasting Co., Amarillo, Tex, — Granted
license to cover construction permit (B3-P-2969 for increase
in power, 1 KW night, lYi KW LS, to 5 KW LS. 1 KW
night, and installation of new transmitter (B3-L-1387).

W.AGE — Sentinel Broadcasting Corp., Syracuse, N. Y. — Granted
license to cover construction permit (Bl-P-1934, for new
station to onerate on fi2(l kc.. 1 KW, unlimited time, D.A-
night (Bt-L-1389). .Also granted authority to determine
operating power bv direct measurement of antenna input
(Bl-Z-843).

WEBL — Onondaga Radio Broadcasting Corp., Syracuse, N. A^. —
Granted authority to install automatic frequency control
equipment (Bl-F-217).

WCLE — United Broadcasting Co., Cleveland, Ohio. — Granted au¬
thority to install automatic frequency control equipment
(B2-F-218).

KGA'O — Mosby’s, Inc., Missoula, Mont. — Granted authorit>' to
install automatic frequency control equipment (B5-F-220).

WN.AX — WN.AX Broadcasting Co., Yankton, S. Dak. — Granted
authority to install automatic frequency control equipment
(B4-F-219).

W69PH-— WC.AU Broaflcasting Co., Philadelphia, Pa. — Granted
modification of construction permit (B2-PH-43, which au¬
thorized a new FM station) for approval of transmitter,
changes in antenna, and change location of transmitter from
117 So. I7th St., to 1616 Walnut St., Philadelphia (B2-
MPH-14).

The Metropolis Company, Ocala, Fla. — Referred to the full Com¬
mission the motion for immediate specification of issues
fixing date and place of hearing and for olhi'r relief, in re
application for license for new station.

432 — May 9, 1941

Bay County Publishers, Inc., Panama City, F’la. — Referred to the
full Commission the motion for immediate specification of
issues fixing date and place of hearing and for other relief
in re application for license for new station.

WP.AA' — Chester .A. Thompson (Transferor) and The Brush Moore
New'spapers, Inc. (Transferee), Portsmouth, Ohio; WP.AY —
A'ee Bee Corp., Portsmouth, Ohio, — Granted petition to hold
hearing on applications for consent to transfer control of
\'ee Bee Corp., licensee of station WP.AY together with
application for renewal of license, in Portsmouth, and change
date of hearing, now scheduled for June 2.

KF'JI — KFJI Broadcasters. Inc., Klamath Falls, Ore. — Granted
motion to dismiss without prejudice application to change
frequency from 1210 to 600 kc. ; increase power from 100
watts to 500 watts night, 1 KW, local sunset.

WRDO — WRDO, Inc., .Augusta, Me. — Granted petition for leave
to amend application for renewal of license.

W3XMC — McNary & Chambers, Washington, D. C. — Granted ex¬
tension of special temporary authority to continue operation
of high frequency experimental broadcast station on 4260(1
kc., 100 watts, special emission for frequency modulation,
with transmitter located at 2701-14lh St., N. W., Washing¬
ton, D. C., for the period Mav 2 to not later than July 1,
1941.

WDRC, Inc., Hartford, Conn. — Granted special temporary author¬
ity to operate frequency modulation station commercially
on 46500 kc., 1000 watts, special emission for frequency
modulation, with transmitter at Meriden, Conn., and de¬
scribed as Composite, Type FMl, Maximum rated carrier
power 1000 watts, for a period not to exceed 60 days, pend¬
ing completion of construction pursuant to construction
permit.

W65H — WDRC, Inc., Hartford, Conn. — Granted special temporary
authority to rebroadcast high frequency broadcast stations
W2XMN and WlXOJ emissions for a period not to exceed
60 days.

WS.AZ — WS.AZ, Inc., Huntington, W. Ya. — Granted special tem¬
porary authority to operate the relay mobile unit (W.AD.A)
of the Charleston Broadcasting Co. for a series of special
programs consisting of interviews wdth housewives of Hunt¬
ington, W. A’a., the program originating in the studio and
being transferred to the various homes where the interviews
take place, during the period May 2, 9, 16, 23, 30, 1941, only.

WFL.A — The Tribune Co., Tampa, Fla. — Granted license to cover
construction permit which authorized a new broadcast sta¬
tion to operate on !)40 Ice., 1 KWh 5 KW LS, unlimiterl
time, using directional antenna night (B3-L-1327). .Also
granted authority to determine operating power by direct
measurement of antenna input (B3-Z-563).

WBEN — WBEN, Inc., Buffalo, N. Y. — Granted modification of
construction permit for change in frequency from 966 to
936 kf. and changes in directional antenna.

W9XBK — Balaban & Katz Corp., Chicago, Ill. — Granted extension
of special temporary authority to operate two transmitter
units to be installed and operated from the State-Lake
Bldg., Chicago, Ill.; Link Transmitter Type No. SO-LTTX
with 100 watts ijower for visual and Link Transmitter
Type No. 25-UBX 25 watts power for aural; temporary
steel tower to be used on roof of said building, in order to
conduct tests for period May 19 to not later than June
17, 1941, in accordance with construction permit.

WHJB — Pittsburgh Radio Supply House, Greensburgh, Pa. —
Granted special temporary authority to operate from 7:30
p. m. to conclusion of program, approximately 10 p. m.,
EST, May 6, 1941, in order to cooperate with the Indiana
County Music Supervisors Assn, in the Indiana Music
Festival, to be held in the High School, Indiana, Pa.

WE.AU — Central Broadcasting Co., Eau Claire, Wise, — Granted
special temporary authority to operate from sign-off (.April
7 p. m., CST) to conclusion of President’s radio address and
Secretary of Treasury Morgenthau and Postmaster Walker,
only, approximately 9 p. m., CST, April 30, 1941.

KFNF — KFNE, Inc., Shenandoah, Iowa. — Continued hearing in re
ajiplication for renewal of license now scheduled for Mav
7, 1941, until May 26, 1941.

WWDC — Capital Broadcasting Co., Washington, D. C. — Granted
modification of construction permit (Bl-P-2679, which au¬
thorized a new station on M56 kc., 250 watts, unlimited
time, and 100 watt amplifier, for changes in type of trans¬
mitter and extension of commencement and completion d.ites
to 1 and 2 days after grant respectively ( Bl-MP-1297 ) .

WTMJ — The Journal Co. (The Milwaukee Journal), Milwaukee,
Wis. — Granted modification of construction permit (B4-
P-2696, for increase in power, installation of D.4 for ni^ht
use) for e.xtension of completion date to June 6/41 (B4-
MP-1278).

WRC — National Broadcasting Co., Inc., Washington, D, C. —
Granted modification of construction permit (Bl-P-243,
which authorized increase in power and installation of D.\
for night use) for !)8() kc. under N.4RBA (Bl-MP-1249) .
Also granted modification of construction permit (Bl-P-
243) for extension of completion date to June 5/41 (Bl-
MP-1277).

WLAC — WL.AC Broadcasting Service, Nashville, Tenn. — Granted
special temporary authority to rebroadcast program orig¬
inating in plane of Vultee Aircraft Co. at Nashville, Sunday,
May 4, betw'een 2:30 and 4 p. m., CST, only (B3-S-482).

WHBI — National Broadcasting Co., Inc., Bound Brook, N. J. —
Granted modification of construction permit (Bl-PIB-28,
which authorized changes in equipment, etc., in International
broadcast station) for extension of completion date to
June 6, 1941 (Bl-MPIB-26) .

WKBX — Community Broadcasting, Inc., Wheeling, W. Va. —
Granted modification of construction permit (B2-P-2967,
as modified, for new station), authorizing installation of new
transmitter (B2-MP-1283) .

WTMJ — The Journal Co. (The Milwaukee Journal). Milwaukee,
Wis. — Granted special temporary authority to rebroadcast
program originating in U. S. .\rmy plane in vicinity of Mil¬
waukee on May 2.

W2XQR — John V. L. Hogan, Long Island City, N. Y. — Granted
extension of special temporary authority to operate a high
frequency experimental broadcast station on 48300 kc. with
100 watts power, special emission for FM, with transmitter
located at 3104 Northern Blvd., Long Island City, for the
period May 1 to May 30. No authority is granted to con¬
duct a facsimile broadcast service.

The Evening News Press, Inc., Port .-Angeles, Wash. — Placed in
pending files application for new broadcast station to operate
on 14,50 kc., 2S0 watts power, unlimited time, and specifying
exact transmitter location, pending disposition of newspaper
issue.

APPLICATIONS FILED AT FCC

930 Kilocycles

WS.AZ — WSAZ, Inc., Huntington, W. Va. — Modification of con¬
struction permit {B2-P-28S6) for approval of transmitter
site and changes in directional antenna from day and night
to night use only, and !)30 kc. under NARB.^.

970 Kilocycles

WA.4T — Bremer Broadcasting Corp., Jersey City, N. J. — Modifi¬
cation of construction permit (Bl-P-2704) as modified, for
new transmitter, install directional antenna, change in hours
of operation from daytime to unlimited, increase in power
from 500 watts to 1 KW and move of transmitter for
extension of completion date from 5-25-41 to 7-2S-41.

980 Kilocycles

KMBC — Midland Broadcasting Co., Kansas City, Mo. — Construc¬
tion permit to from 950 kc. to 690 kc., pow'er from 5 to
50 KW, install new transmitter, new directional antenna for
night use, move transmitter and move studio from Kansas
Citv, Mo., to Kansas Citv, Kansas, requesting facilities
KGGF, WNAD and KFEQ as proposed by NARBA.
■Amended: To change location of transmitter from near
Wolcott, Kans., to near Sibley, Mo., omit request for move
of studio, change frequency from 690 kc. to 770 kc.. make
changes in directional antenna for day and night use and
omit request for facilities of KFEQ. KGGF and WNAD.

990 Kilocycles

WIBG — Seaboard Radio Broadcasting Corp., Glenside, Pa. —
•Authority to determine operating power by direct measure¬
ment.

1050 Kilocycles

WHN — Marcus Loew Booking Agency, New A'ork, N. Y.- -Modi¬
fication of construction permit (B1-P-2S99) for new trans¬

mitter, directional antenna for day and night use, change
in frequency, increase in power and move of transmitter,
for authority to install new transmitter and make changes
in antenna.

1070 Kilocycles

KFBI — The Farmers and Bankers Broadcasting Corp., Wichita,
Kans. — License to cover construction permit (B4-MP-896)
as modified, for decrease in power, change in hours of
operation and installation of directional antenna for night
use.

KFBI — The Farmers and Bankers Broadcasting Corp., Wichita,
Kans. — Modification of construction permit (B4-MP-896)
as modified, for changes in directional antenna on 1070 Itc.
under N.ARB.A.

KFBI — The Farmers and Bankers Broadcasting Corp., Wichita,
Kans. — Authority to determine operating power by direct
measurement of antenna power.

1090 Kilocycles

KTHS — Hot Springs Chamber of Commerce, Hot Springs Na¬
tional Park, .Ark. — Authority to determine operating power
by the direct method.

1110 Kilocycles

WCBD — WCBD, Inc., Chicago, III. — Authority to determine
operating power by the direct method.

1150 Kilocycles

KTBC — State Capitol Broadcasting Assn., Inc., Austin, Texas, —
.Authority to determine operating power by direct measure¬
ment.

1230 Kilocycles

WJNO — WJNO, Inc., West Palm Beach, Fla. — .Authority to de¬
termine operating power by direct measurement.

KA'NU — Cache Valley Broadcasting Co., Logan, LTtah. — .Authority
to determine operating power by the direct method.

WBHP — Wilton Harvey Pollard, Huntsville, Ala. — Authority to
determine operating power by direct measurement.

1240 Kilocycles

WJLS — Joe L. Smith, Jr., Beckley, W. \’a. — Construction permit
to install new transmitter, install directional antenna for
night use, change frequency from 1210 ko. to 900 kc., and
power from 250 watts to 1 KW. .Amended: To request
change in frequency from 1240 kc. (under N.ARB.A) to
640 kc., Class 11, changes in directional antenna and equip¬
ment and requesting limited time to local sunset at Los
Angeles, directional antenna from sunset Beckley to local
sunset Los Angeles.

KHBG — Okmulgee Broadcasting Corp., Okmulgee, Okla. — .Au¬
thority to determine operating power by direct measurement.

KA'SO — The Ardmoreite Publishing Co., Inc., Ardmore, Okla. —
.Authority to determine operating power by direct measure¬
ment.

1250 Kilocycles

WDSLl — WDSU, Inc., New Orleans, La. — Modification of con¬
struction permit (B3-P-2923) for extension of completion
date from 6-1-41 to 9-1-41.

1260 Kilocycles

KY.A — Hearst Radio, Inc., San Francisco, Calif. — .Authority to
determine operating power by direct measurement for auxil¬
iary transmitter.

KY.A — Hearst Radio, Inc., San Francisco, Calif. — .Authority to
determine operating power by direct measurement for main
transmitter.

1270 Kilocycles

KFJZ — Tarrant Broadcasting Co., Fort Worth. Tex. — Modification
of construction permit (B3-P-2497) which authorized new
transmitter and installation of directional antenna, increase
in power and move of transmitter, for extension of com¬
pletion date from 5-17-41 to 8-15-41.

1300 Kilocycles

KGLO -Mason Cit\' Globe Gazette Co., Mason Cit>', Iowa. —
Modification of construction permit (B4-P-2329) as modi-

May 9, 1941 — 433

fled, for installation of new transmitter and directional
antenna for night use, increase in power, change of fre¬
quency and move of transmitter, requesting changes in
directional antenna on 1800 kc. under NARBA, and exten¬
sion of commencement and completion dates from 1-4-41
to 7-4-41 to 30 days after grant and 60 days thereafter,
respectively.

1320 Kilocycles

VVNEL — Juan Piza, San Juan, Puerto Rico. — License to cover con¬
struction permit (B-P-2762 ) which authorized equipment
changes, antenna changes, increase in power and move of
transmitter, specifying 1820 Uc. under N.'\RB.\.

1340 Kilocycles

NEW — Jefferson Broadcasting Corp., Birmingham, Ala. — Construc¬
tion permit for a new broadcast station to be operated on
1840 k(‘., 250 watts, unlimited time. (Facilities of station
WSGN when vacated.)

KVOX — K\'OX Broadcasting Co., Moorhead, Minn. — Authority to
determine operating power by direct measurement.

WAML — New Laurel Radio Station, Inc., Laurel, Miss. — Authority
to determine operating power by direct measurement.

KMYR — F. W. Meyer, Denver, Colo. — Authority to determine
operating power by direct measurement.

KMYR — F. W. Meyer, Denver, Colo. — License to cover construc¬
tion permit (BS-P-2067) as modified, for a new station.

KRB.\ — Red Lands Broadcasting Assn., Ben T. Wilson, Pres.,
Lufkin, Tex. — Authority to determine operating power
by direct measurement.

1360 Kilocycles

KRIS — Gulf Coast Broadcasting Co., Corpus Christi, Tex. — Li¬
cense to cover construction permit (B3-P-2230) as modified,
for new transmitter, increase in power, move transmitter
and changes in antenna.

1390 Kilocycles

KGER — Consolidated Broadcasting Corp., Long Beach, Calif. —
Construction permit to make changes in equipment, increase
power from 1 KW to 5 KW, install directional antenna for
night use. Amended to make changes in directional antenna.

1400 Kilocycles

KRLC — H. E. Studebaker, Lewiston, Idaho. — Authority to deter¬
mine operating power by direct measurement.

KRLC — H. E. Studebaker, Lewiston, Idaho. — License to cover
construction permit (BS-P-3020) for changes in equipment
and to specify 1400 kc. under NARBA.

WORD — Spartanburg Advertising Co., Spartanburg, S. C. — Au¬
thority to determine operating power by direct measure¬
ment.

WHBQ — Broadcasting Station WHBQ, Inc., Memphis, Tenn. —
Authority to determine operating power by the direct
method.

WHBQ — Broadcasting Station WHBQ, Inc., Memphis, Tenn. —
License to cover construction permit (B3-P-307S) for new
transmitter and increase in power.

KTUC — Tucson Broadcasting Co., Tucson, Ariz. — Transfer of
control from John Merino (100 shares)), Glenn Snyder
(50 shares), Geo. R. Cook (50 shares), Burridge 1). Butler
(38 shares), Carleton W. Morris (30 shares), Louis F. Long
(30 shares), Ralph W. Bilby (1 share) and Frank Z. Howe
(1 share) to John Merino (50 shares), Glenn Snyder (50
shares). Geo. R. Cook (50 shares), Burridge I). Butler
(69 shares), Louis F. Long (30 shares), Ralph W. Bilby
(50 shares) and Frank Z. Howe (1 share).

1450 Kilocycles

KDNT — Harwell V. Shepard, Denton, Tex. — .Authority to deter¬
mine onerating power bv direct measurement.

1480 Kilocycles

WAGA — Liberty Broaflcasting Corp., Atlanta, Ga. — Construction
liermit to chanve frequency from 1450 to 500 kc., increase
power from 500 watts night, 1 KW day to 1 KW night,
5 KW day, install new equipment and directional antenna
for night use and move transmitter. Class IH-B station.

434 — May 9, 1941

.4mended to change power to 5 KW day and night and make
changes in directional antenna for night use.

1490 Kilocycles

NEW — San Jose Broadcasting Co., San Jose, Calif. — Construction
permit for a new broadcast station to be operated on 14!)t)
kc., 250 watts, unlimited time. Amended to change requested
transmitter site.

NEW — William Price, Burlington. N. C. — Construction permit for
a new broadcast station to be operated on 1490 kc., 250
watts, unlimited time. (Contingent on WDNC going to
new frequency.)

FM APPLICATIONS

NEW — Cherry & Webb Broadcasting Co., Providence, R. 1. —
Construction permit for a new high frequency broadcast
station to be operated on 47500 kc. Coverage: 6,207
square miles; population: 4,230,838. Amended: re antenna.

W47PH — Pennsylvania Broadcasting Co., Philadelphia, Pa. — Modi¬
fication of construction permit (B2-PH-69) for a new high
frequency broadcast station, for change in type of trans¬
mitter and changes in antenna system ; population from
4,474,940 to 4,214,336.

MISCELLANEOUS APPLICATIONS

W6XAO — Don Lee Broadcasting System, Los Angeles, Calif. —
License to cover construction permit (B5-PVB-38) as modi¬
fied, which authorized move of station and change in fre¬
quencies.

FEDERAL TRADE
COMMISSION ACTION

COMPLAINTS

Federal Trade Commission has alleged unfair compe¬
tition against the following firms. The respondents will
be given an opportunity to show cause why cease and
desist orders should not be issued against them.

Peoples Hardivare Stores — A complaint has been issued
charging Domenico Del Vecchio, trading as Peoples Hardware
Stores, 1434 Florida Ave., N. E., Washington, D. C., with mis¬
leading representations in violation of the Federal Trade Com¬
mission Act in the sale of paint products.

The complaint alleges that the respondent has advertised that
“Our faclory-to-you plan brings savings of 20% to 35%”, when
in fact he does not own or control a plant in which the products
he sells are made but orders them from the manufacturers and
his prices do not represent a saving of 20 per cent to 35 per cent
to purchasers as compared to prices charged by his competitors
for similar products made of comparable materials.

The complaint also alleges the respondent advertised that
“Lawrence Master Painters Flat Paint — covers 1100 square feet
per gallon”, when in fact such coverage cannot be obtained under
normal conditions of use and can be obtained only when employed
over a pigment sealer on a smooth surface. (4495)

Tag Manufacturers Institute — A complaint has been issued
charging the Tag Manufacturers Institute, 370 Lexington Ave.,
New York, Frank H. Baxter, its secretary-treasurer and executive
director, and 31 member companies, with practices in restraint of
trade and in violation of the Federal Trade Commission Act in
tlie sale of tags, pin tickets and similar marking and pricing
devices. According to the com]ilaint, the respondents are majority
of the country’s manufacturers of such tag products.

The complaint alleges that the respondents, acting directly,
through their representatives, and in cooperation with each other
and with the respondent institute and the respondent Baxter,

entered into an agreement, combination and conspiracy to restrict
and eliminate price competition in the sale of tag products by
fixing and maintaining uniform prices, terms and conditions of
sale for their products; by holding meetings under the auspices
of the institute to devise methods for such price maintenance,
and by a “Tag Industry Agreement”.

According to the complaint, the “Tag Agreement” provides:

( 1 ) That each subscribing respondent member send to the re¬
spondent Baxter a complete statement of every “general offer” to
sell tag products, including available prices, terms and sale con¬
ditions, and of every "restricted offer”, including prices, terms and
sale conditions more favorable to the purchaser than the “general
offer” for similar products.

(2) That the respondent Baxter disseminate to all subscribing
respondent members the information furnished under the two
offers.

(3) That each respondent subscribing member furnish the re¬
spondent Baxter with duplicates of every invoice or other ship¬
ping memorandum for products sold, and duplicates of all credit
memoranda covering rebates.

(4) That the respondent Baxter compile and disseminate to
mem.bers such information in a manner not disclosing the identity
of any one subscriber or the names of any purchasers.

(5) That each subscribing respondent member submit to a
“Determination Board” appointed by the respondent members
all pertinent records in its possession and permit an examination
of such information by the board to determine whether or not
such subscribing member has complied with the Tag Industry
Agreement rules concerning the furnishing of such information.

(6) That the Determination Board announce its findings pur¬
suant to such investigations; such findings to be accepted by the
subscribing members any of whom are to be subject to fines,
assessments and liquidated damages in case of breach of rules or
regulations.

(7) That each subscribing respondent member pay annually
not less than $120 to the respondent Baxter as institute secretary
for an “Operating Fund”, and not less than $200 into a “Revolv¬
ing Fund”, to provide funds from which operating and investi¬
gating expenses and into which fines and assessments are to
be paid.

Respondent manufacturer members of the respondent institute
are; Acme Tag Co., Minneapolis; Alien-Bailey Tag Co., Inc.,
Caledonia, N. Y.; American Tag Company, Chicago; American
Tag Company of New Jersey, Newark; Atlas Tag Company,
Neenah, Wise.; Badger Tag Co., Inc., Random Lake, Wise.; A. C.
Baldwin & Sons, Austin, Tex.; Campbell Box and Tag Company,
South Bend, Ind.; Central Tag Co., Chicago; Cupples-Hesse
Envelope and Litho. Co., St. Louis; Dancyger Manufacturing
Company, Cleveland; The Denney Tag Company, Incorporated,
West Chester, Pa.; Dennison Manufacturing Co., Framingham,
Mass.; Eastman Tag & Label Company, San Francisco; Ennis
Tag and Printing Company, Ennis, Tex.

Haywood Tag Company, Lafayette, Ind.; International Tag &
Salesbook Co., Chicago; Keystone Tag Company, West Chester,
Pa.; A. Kimball Company, Nerv York City; Marion Manufac¬
turing Company, Atlanta; J. L. May Company, New York;
Michigan Tag Company. Grand Rapids; Midwest Tag Company,
St. Louis; The National Tag Company, Dayton; The Reyburn
Manufacturing Company, Inc., Philadelphia; The Robinson Tag
and Label Company, New York; Rockmont Envelope Company,
Denver; Salisbury Mfg. Co., Central Falls, R. L; The Standard
Envelope Mfg, Company, Cleveland; Tagcraft Corporation, Lan¬
caster, Pa.; and Waterbury Buckle Company, Waterburv, Conn.
(4496)

CEASE AND DESIST ORDERS

Commission has issued the following cease and desist
orders:

Ethel Bellamy, Ine., Nutley, N. J., has been ordered to cease
and desist disseminating advertisements which represent that
“Ethel Bellamy Eyelash Luxuriant” possesses therapeutic value
in the treatment of granulated eyelids, promotes eyelash growth,
supplies pigment to the eyelashes, darkens eyelashes permanently
or has any effect on eyelash color in excess of such temporary effect
as it may produce by reason of its properties as a dye. (4424)

Consumers Bureau of Standards — Albert Lane, an individual
trading as Consumers Bureau of Standards, who has conducted his
business at various locations in New York, Chicago, Philadelphia,
and Long Island City, N. Y., has been ordered to cease and desist
from misrepresentations and other unfair practices in the sale of
publications advertised as being the result of research on behalf
of the consumer. The respondent’s publications were: “Con¬
sumers’ Preference,” “Consumers Bureau Reports” and “Consumers
Bureau Guide.”

Commission findings are that:

The respondent represented the Consumers Bureau of Standards
as being “a national non-profit consumers’ research and educational
organization which investigates, tests and reports on goods and
services for the benefit of the ultimate consumer,” when in fact
the respondent did not conduct a real research and testing bureau
for consumers and maintained no staff or laboratory equipment.

The Commission order directs that Albert Lane, trading as Con¬
sumers Bureau of Standards, or Consumers Bureau, in connection
with the sale of any book, magazine, periodical or circular letter
purporting to give appraisals or classifications of merchandise, goods
or services, cease and desist from representing in any manner, or
using any trade or other name which implies, that such pubiicrtion
is compiled, issued, sold or offered for sale by or under the direc¬
tion of any bureau, institute, or organization engaged in research
work for the benefit of consumers, or devoted to aiding consumers
in making w'ise or economical purchases, or which by means of an>’
scientific or adequate tests of any nature designates the comparative
consumer value of any merchandise, goods, or services.

The respondent also is ordered to cease and desist from:

Representing that any such publication is or will be issued,
printed, or distributed at any stated time or times other than those
at which it is actually issued, printed, or distributed;

Representing that the respondent’s business is operated on a non¬
profit basis;

Representing that the respondent’s business is national in scope,
or representing in any manner that such business is greater in size
or scope than is the fact;

Representing that the respondent is, or represents, any consumers’
research group or movement ;

Representing that the respondent has any arrangement with the
Mellon Institute of Industrial Research, Massachusetts Institute of
Technology, or any similar organizations or institutions, for the
submission thereto for determination of any questions concerning
the value or comparative value of merchandise, goods, or services;

Representing that the respondent is, or represents, any consumers’
special training, education, or experience to determine, or has any
employees, staff, equipment, or facilities for determining, by any
scientific method or adequate investigation or tests, the value or
comparative value of any merchandise, goods, or services;

Threatening, inferring, or implying to any manufacturer or dis¬
tributor of merchandise, goods, or services that a refusal to buy
copies of or contribute financially to such publication or directly
or indirectly to the respondent, will or may result in unfavorable,
disparaging, or derogatory listing of, or reference to, such manu¬
facturer or distributor or his merchandise, goods, or services in
or in connection with such publication. (3718)

(;i.V-€ase Medicine Company — Medora Whinrey, trading as
Gly-Cas Medicine Co., and the concern’s manager, Robert B.
Whinrey, Muncie, Ind., distributors of the medicinal preparation
“Gly-Cas,” has been ordered to cease disseminating advertisements
which represent that their product constitutes a cure or remedy
for constipation or has therapeutic value in treating it in excess
of temporary relief afforded by causing a partial evacuation of
the intestinal tract; that indigestion, gas, bloated or sour stomach,
rheumatic or neuritis pains, sore or aching muscles, limbs or joints,
backaches, dizziness, nervousness, kidney trouble, sleeplessness,
biliousness or headaches are typical or usual symptoms of con¬
stipation or faulty elimination; that their product “Gly-Cas” is
a cure, remedy or competent treatment for such conditions, or has
therapeutic value in their treatment when they are due to causes
other than constipation or faulty elimination or other than that
furnished bv causing a partial evacuation of the intestinal tract.
(4432)

iSartig Dru.g ('o., also trading as H. K. Pharmaceutical Labora¬
tories. and A. J. Hartig, president of Hartig Drug Co. and trading
as H. K. Pharmaceutical Laboratories, 756 Main St., Dubuque,
Iowa, has been ordered to cease and desist from misrepresentation

May 9, 1941 — 435

in the sale of certain medicinal preparations for women. The Com¬
mission order directs that in the sale of “Menstruaid Nos. 1, 2, 3, 4
and 5” the respondents cease disseminating advertisements which
represent that these products constitute a competent or effective
treatment for delayed menstruation; that they are scientific, safe
or harmless and are guaranteed, and which advertisements fail to
reveal that their use may cause gastro-intestinal disturbances and
other serious conditions. (4406)

Ihiiversal IiuUistries, Inc., 2222 Diversey Parkw'ay, Chicago,
and Abraham Leonard Koolish and George William Ehrlich,
ofticers and directors of the corporation, has been ordered to cease
and desist from misrepresentations in the sale of sales stimulator
plans or devices including trade cards, circulars, and other adver¬
tising material, and also tableware and other products used as
premium merchandise under such plans.

Commission findings are that in advertisements circulated in
various States the respondents have represented that for a cost
of only one cent merchants participating in the respondents’ sales
plans would receive $5 worth of business from their customers when
in fact the merchants purchase from the respondents at SO cents
a set tableware which they resell to customers at 49 cents a set
when such customers have purchased $S worth of other mer¬
chandise.

Also, the findings continue, the merchants pay the respondents
$4.95 for the sales plan which includes cards, literature and tw'o
display sets of tableware, none of which amount the respondents
refund until the merchants have purchased eight dozen tableware
sets; and the respondents deduct from such refund, if and when
made, the resale value of the two display sets furnished the
merchants.

The Commission order directs the respondents to cease mis¬
representing the cost of any sales plan or sales stimulator to any
dealer or merchant by failing to reveal that additional sums must
be paid by the merchant or dealer in operating the plan or using
the sales stimulator; to discontinue misrepresentations found to
have been made concerning salesmen’s earnings, the price and
value of products sold, and the respondents’ length of time in
business and financial standing, and to cease using the term “free”
to describe articles offered as compensation for distributing the
respondents’ merchandise, unless all conditions are clearly explained
and there is no deception as to price, quality, character, services
to be performed, or other features.

The Commission dismissed its complaint in this proceeding as
to Mrs. Ida B. Koolish, an officer of the corporate respondent,
there being no evidence that she has taken an active interest in
the business. (3882)

STIPULATIONS

Following stipulations have been entered into by the
Commission:

Chelf ('lieinical Co., 118 South Seventeenth St., Richmond,
Va., stipulated that it will cease certain representations in the sale
of its preparation known as “Chelf’s C. C. Comp’d” and also as
“C. C. C. C.” and “4 C’s,” containing, among other ingredients,
potassium bromide and acetanilid.

The respondent agrees to cease representing that its preparation
w’ill remove the cause of headaches, indigestion or nervousness or
remedy these conditions; may be safely used by all persons under
all conditions; will not have a depressing effect upon the heart,
and will relieve colds generally or head colds, unless the repre¬
sentation is limited to palliative relief of aches and pains accom¬
panying such colds.

The respondent also agrees to cease disseminating advertise¬
ments which fail to reveal that the preparation should not be used
in excess of the dosage recommended and that its frequent and
continued use may be dangerous; provided that such advertise¬
ments need contain only a statement that the preparation should
be used only as directed on the label, if the label either contains
a warning of the possible consequences of the use of the product
or directs attention to a similar warning in the accompanying
labeling. (02787)

Kagle Electric Maiuifiictiiriiig Co., Iiic., 59 Hall St., Brookly n,
entered into a stipulation to cease certain representations in the
sale of electrical heating pads. The respondent agrees to cease

436 — May 9, 1941

using the words or symbols “Three Heat” or “3-Heat” as descrip¬
tive of such pads or the switches used to operate them and to
cease employing the wmrds “Three Heat” or other similar words
to imply that its electrical pads are capable of maintaining, or
that the operation of the switches results in maintaining, three
different, distinct temperatures. (3093)

Federal Kiianieliiig & Stamping Co., McKees Rocks, Pitts¬
burgh, Pa., disributor of enamelecl kitchenware, stipulated to cease
representing or placing in the hands of others a means to represent,
directly or inferentially, that any enamehvare product not com¬
pletely covered with three separate coats or applications of enamel,
is “triple coated” or that its enameling consisted of the application
of three separate coats of enamel. (3092)

A. Freedman & Sons, Inc., shoe manufacturer. New Bedford,
Mass., has entered into a stipulation to cease using the words “De¬
signed by an English Bootmaker” as descriptive of certain of its
shoes which are not designed by an English bootmaker, such words
appearing as a stamp, brand or label upon shoes or the boxes in
which they are sold. The respondent corporation also stipulates
that it will desist from using these quoted W'ords or the words
“John McVey, Ltd.”, alone or in connection with the words “Dis¬
tinctly English” or with other similar words so as to imply that
such shoes are either designed by an English Bootmaker or are
made in England. The stipulation recites that the respondent’s
shoes are not designed by an English bootmaker and are not made
in England but at its New Bedford, Mass., plant. (3091)

Htimaiiia Hair Goods & Specialty Company — Gustave Gold¬
stein, hair goods and cosmetics dealer trading as Humania Hair
Goods & Specialty' Co., 303 Fourth Ave., New York, a stipula¬
tion to cease disseminating advertisements which fail conspicuously
to reveal certain dangerous possibilities in the use under certain
conditions of “Magic Shaving Powder” and “Kongolene”, and
which advertisements represent that “Apex Pomento” and “Hu¬
mania Dandruff Treatment” will prevent dandruff or do more
than remove dandruff already formed on the scalp; that “Humania
Dandruff Treatment” and “Amron New Hair Aid” will stop
falling hair or keep it from coming out, and other similar repre¬
sentations. (3094)

Charles !?. Knox Gelatin Co., Inc., Johnstown, N. Y., en¬
gaged in selling Knox Gelatin or Knox Sparkling Gelatin, has
entered into a supplemental stipulation in connection wdth the
dissemination of advertising of the products in which it agrees
to cease and desist from representing, directly or by implication:

(1) That scientific laboratory tests have established as a matter
of scientific fact that Knox Gelatin increases vim and vitality,
increases endurance, builds resistance to fatigue, cuts down and
lessens fatigue, increases stam.ina and “staying power”, curbs
tiredness, restores vigor or stores energy.

(2) That Knox Gelatin or Knox Sparkling Gelatin prevents
fatigue; keeps one in top form for working hard and playing
hard; enables a person to sleep better or awaken more refreshed;
lessens the seriousness of athletic injuries or causes minor athletic
injuries to respond quicker to treatment ; increases muscular
work capacity 50% to 100%' or is of any substantial benefit in
increasing muscular work capacity ; doubles energy or increases
energy output 37% to 240% or is of any substantial value in
increasing energy output ; is an amazing discovery or stores energy.

(3) That it is a manufacturer; but nothing in the, stipulation
shall prevent the Charles B. Knox Gelatin Co., Inc., from repre¬
senting and stating that Knox Gelatin is manufactured under the
laboratory supervision of the Charles B. Knox Gelatin Co., Inc.

The stipulation provides that in the event future facts and
circumstances should, in the judgment of the Commission, so
w'arrant, such suitable modification thereof may be made as may
be necessary to conform to the facts. (02436)

Leonard Sales Company — Benjamin Ingber, trading as Leonard
Sales Co., 237 North Ninth St., Philadelphia, has entered into a
stipulation to cease advertising that a drug preparation designated
“Corn-Go” will instantly stop the pain of corns or calluses; wall
prevent their recurrence, and will remove bunions or has any value
in their treatment. (02 786)

1626 K STREET, N. W.

WASHINGTON, D. C.

Vol. 9, No. 20, May 23, 1941

Senator Wheeler Calls Hearing
On White Resolution

Chairman Wheeler (D-Mont.) of the Senate Interstate
Commerce Committee has called a hearing, starting
Saturday, May 31, on the resolution introduced by Sena¬
tor White (R-Maine) regarding the FCC network rules.

The hearing is slated to continue through Wednesday,
June 4. The NAB will appear in support of the resolu¬
tion, the text of which follows;

S. RES. 113

77th congress, 1st Session
IN THE SENATE OF THE UNITED STATES
May 13 (legislative day, May 8), 1941
Mr. White submitted the following resolution ; which was re¬
ferred to the Committee on Interstate Commerce

RESOLUTION

Whereas the Federal Communications Commission (hereinafter
referred to as the Commission) is an administrative agency created
by the .Act of June 19, 1934 (48 Stat. 1064), known as the Com¬
munications .Act of 1934, as amended, by .Act of June S, 1936
(49 Stat. 147S). and by .Act of May 20, 1937 (50 Stat. 189) ; and

Whereas said Commission has by the terms of said .Act certain
delegated powers and duties in respect of interstate commerce in
communications and the facilities and instrumentalities used and
usable in said com.merce and has no powers and duties not so specifi¬
cally conferred upon it ; and

Whereas the Com.missicn on May 2, 1941, in a proceeding be¬
fore it styled “In the Matter of the Investigation of Chain Broad¬
casting,” Docket Numbered 5060, made and published certain rules
and regulations enacted and promulgated by it which said rules and
regulations are alleged to constitute an attempt upon the part of
the Commission to exercise a supervisory control of the programs,
of the business management and of the policy to be employed by
radio-broadcast stations which are licensed by said Comniisison
pursuant to said .Act ; and

Whereas it is urged that the Supreme Court of the United
States in the case of Federal Communications Commission v.
Sanders Brothers Radio Station, decided March 25, 1940, inter¬
preted and construed the Communications Act of 1934, as amended
as conferring no such power or authority upon the Commission
as that which it is charged the Commission has attempted to exer¬
cise in its said rules and regulations of May 2, 1941, as aforesaid,
and in so doing stated:

“But the Act docs not essay to regulate the business of
the licensee. The Commission is given no supervisory control
of the programs, of business management, or of policy. In
short, the broadcasting field is open to anyone, provided there
be an available frequency over w'hich he can broadcast with¬
out interference to others, if he shows his competency, the
adequacy of his equipment, and financial ability to make good
use of the assigned channel.”

Now, therefore, be it

Resolved, That the Committee on Interstate Commerce of the
Senate, or a subcommittee thereof, be, and it hereby is, authorized
and requested to undertake a study (1) of said rules and regula¬

tions; (2) of the probable effects thereof upon the broadcast sys¬
tem of the United States and in particular upon the network
organizations and licensees affiliatecl with said organizations or
independent thereof; (3) of the probable effects thereof upon
the quality of programs broadcast to the American public; (4) of
whether said rules and regulations attempt to confer or do confer
upon the Commission supervisory control of the programs, busi¬
ness management, or policies of network organizations and of
broadcast licensees; (5) of whether said rules and regulations if
enforced will adversely affect the broadcast structure of the United
States and the service rendered therelry to the people thereof ;
(6) of whether they constitute a threat to the freedom of speech
by radio in the United States: (7) of whether they will contribute
to Government ownership and operation of broadcast stations or
to regulation of them as common carriers; (8) of whether said
rules and regulations are in their effect an effort to define monopoly
or monopolistic practices and to assert the power of the Commis¬
sion to find a licensee guilty thereof and to deny a license to an
applicant because of such finding; (9) of any problem of radio
broadcasting which said committee finds is raised or is affected by
said rules and regulations and of the principles and policies which
should be declared and made effective in legislation for the regula¬
tion and control of the radio industry, of broadcasting and of
interstate and foreign communication by radio and which should
guide and control the Commission in the administration of said
Communications Act of 1934, as amended; (10) and finally to
consider whether said Commission is authorized by present law to
promulgate and enforce the rules and regulations adopted by it as
aforesaid; be it further

Resolved, That all testimony, exhibits, briefs, arguments, and
reports or photostatic copies thereof, submitted by or to the Com¬
mission in connection with said proceeding Docket Numbered 5060
be transferred to and filed with said committee of the Senate for
its study and consideration: be it further

Resolved, That the committee shall report to the Senate as soon
PS practicable its findings and its recommendations concerning the
matters which it is hereby requested to studv; and be it further

Resolved, That said Commission be, and it herebv is, requested to
postpone the effective date of said rules and regulations until said
Interstate Commerce Committee shall have made its report to the
Senate in pursuance of this resolution and for sixty days thereafter.

For the purposes of this resolution the committee, or any duly
authorized subcommittee thereof, is authorized to hold such hear¬
ings: to .sit and act at such times and places, either in the District of
Colum.bia or elsewhere, during the sessions, recesses, and adjourned
periods of the Senate, in the Seventy-seventh Congress; to employ
such experts, and clerical, stenographic, and other assistants; to
require by subpena or otherwise the attendance of such wdtnesses
and the production and impounding of such books, papers, and
documents; to administer such oaths; and to take such testimony
and to make such expenditures as it deems advisable. The cost of
stenographic services to report such hearings shall not be in excess
of 25 cents per hundred words. The expenses of the committee,
which shall not exceed $5 000. shall be paid from the contingent
fund of the Senate upon vouchers approved by the chairman.

The Convention

.A ringing denunciation of the FCC’s new network rules
and unanimous approval of a jtlan to continue BAII were

(Continued on page 438)

May 23, 1941 — 437

Neville Miller, President C. E. Arney, Jr., Assistant to President

Edward M. Kirby, Director of Public Relations ; Joseph L. Miller,
Director of Labor Relations ; Frank E. Pellegrin, Director of
Broadcast Advertising : Paul F. Peter, Director of Research ;
Russell P. Place. Counsel; Lynne C. Smeby, Director of Engineering

THE CONVENTION
(Continued from page 437)

the highlights of the largest and most enthusiastic con¬
vention in the XAB’s history, held May 12-15 in St.
Louis.

By unanimous vote, the convention endorsed a reso¬
lution introduced by Senator White (R-Maine), calling
for a Senate investigation of the effect of the new net¬
work rules and asking the FCC to postpone their effective
date pending the investigation. {The text of the White
resolution will be found on page 437).

This vote was taken at a business session following a
talk by Mark Ethridge, WHAS, Louisville, Ky., in which
he said that the FCC's network order was “founded on a
basis of bad temper, impatience and vindictiveness.” Mr.
Ethridge announced that he was giving up his presidential
commission to review “the status and needs of the in¬
dustry” and urged the delegates to support Senator White’s
measure. (The text of Mr. Etheridge’s talk can be found
on Page 444. Printed copies are available at the NAB).

Endorsement of BMI followed the signing of a new
contract between ASCAP and the Mutual Broadcasting
System, a factual analysis of which appeared on Page 409
of the NxAB Reports. Stations WOR, WGN and KHJ,
Mutual key stations, and WFBR withdrew from the NAB
on the ground that the NAB had taken sides in intra¬
industry disputes in both the music copyright and “mo¬
nopoly” matters.

The convention was by far the largest in the NAB’s
history. iNIore than 1,000 registered, while several hun¬
dred others were present.

Following is a day-by-day account of the convention;

Monday, May 12

The N.AB Board, 24 to 1, approved Neville Miller’s
correspondence with officials of the Mutual Broadcasting
System regarding N.\B policy on the “monopoly report”
and in the music copyright situation. The board then
voted, 24 to 0, to extend Mr. Miller's term of office to July
I, 1944.

Tuesday, May 13

panel discussion on “national defense” started the
convention fireworks. Participants were Major General

438 — May 23, 1941

Robert C. Richardson, public relations director, U. S.
army; Commander H. R. Thurber, public relations officer,
N. S. navy; director, Office of Government Reports, and
James Lawrence Fly, FCC chairman. i\Ir. Mellett spoke
off the record; General Richardson’s talk is printed on
Page 448; Commander Thurber’s talk is printed on
Page 450; Mr. Fly’s talk is printed on Page 442.

Mr. Fly dealt at some length with the network rules,
charging at one point that “monopolistically controlled
sources in the industry ... to divert attention from the
fact of monopolistic control in their hands, conjure up
insistently the bogeyman of government operation.”

At the close of Mr. Fly’s talk, Neville iNIiller asked:

“INIay it not also be said that those who favor govern¬
ment operation conjure up the bogeyman of monopoly,
to divert attention?”

That evening, informed of the withdrawal from the
NAB of the three Mutual key stations, Mr. Miller said:

We naturally regret the withdrawal of any members from the
N.\B. However, we believe that the issues subtly concealed in the
Monopoly Report represent a direct challenge to the freedom of
radio, and, if not opposed, would be the first of a series of events
leading to the destruction of not only the freedom of radio but
also the freedom of the press and the freedom of speech.

We would be derelict in our duty not only to our members but
also to the public if we sat idly by merely to maintain our mem¬
bership. We intend to protect the freedom of radio in opposing all
attacks upon it, including those contained in the Monopoly Report,
In so doing we believe that we represent the views of an over¬
whelming majority of our industry and of the public.

V’ice-President Henry A. Wallace addressed the Tues¬
day luncheon session by remote control from Washington.
His speech, dealing with how radio could best serve in
National Defense, is printed on Page 446.

At its annual convention Tuesday, attended by representatives
of approximately 250 independently owned network-affiliated sta¬
tions, IRNA adopted a resolution expressing strong disapproval of
the new regulations promulgated by the FCC to regulate network
broadcasting.

The resolution reads:

“Resolved, that in the opinion of the members of Independent
Radio Network .Affiliates, Inc., here assembled, the FCC regulations
on network broadcasting issued May 2, 1941, will, if carried out in
their present form, seriously impair the ability of network affiliates
as radio licensees to render the service w'hich the public has been
receiving and to which it is entitled, and which has been proclaimed
as the finest broadcast service in the world.”

The convention also endorser! the resolution introduced this
morning in the United State Senate by Senator Wallace H. White,
Jr., of Maine, requesting a suspension of the new' network regula¬
tions and an investigation looking toward the drafting of a new
radio law.

John A. Kennedy, West Virginia Netw'ork; I. R. Lounsberry,
WGR-WKBW, Buffalo; Paul W. Morency. WTIC, Hartford;
C. W. Myers, KOIN-KALE, Portland, Oreg. ; and W. J. Scripps,
WWJ, Detroit, unanimously were reelected for three-year terms as
IRNA directors.

The IRNA board was authorized by the membership to take such
action as in its judgment will be effective in carrying out the spirit
of the resolution on the monopoly report.

Later, at the organization meeting of the Board of Directors of
IRNA, the resignations of Samuel Rosenbaum as Chairman and
Paul W. Morency as Vice Chairman, were rejected by the Board,
and they were requested and agreed to continue to serve until the
next meeting of the Board to be held at the call of the chair.

The Board adopted the following resolution: “The Officers are
directed to prepare and submit a plan for approval by the Board
and for IRNA to support such offers as will be organized by any
and all agencies in the industry to endorse the White Senate resolu¬
tion and endeavor to obtain its passage.”

The Board also authorized the officers to submit a recommen¬
dation for the engagement of a paid representative to conduct
negotiations with the networks in further offers to obtain adoption
of the changes in network operating practices recommended by
IRNA for the past three years.

Wednesday, May 14

At the morning session of Wednesday, Neville Miller introduced
for the presentation of BMPs picture, the following speakers:
Merritt E. Tompkins, Vice President and General Manager, Carl
Haverlin, Director of Station Relations, Sydney M. Kaye, Vice
President and General Counsel,

Mr. Tompkins gave an account of the physical operations of
BMI. He pointed out that BMI had within one year built up an
organization which employed 323 persons. Mr. Tompkins said:
“BMI under contract has acquired for its licensees performance
rights in the catalogues of 111 affiliated music publishers. ... I have
not broken down the exact number of titles involved, but a con¬
servative estimate would place the grand total in excess of 400,000
different compositions. . . .” He read to the meeting letters from
music publishers expressing their gratitude to BMI for enabling
them to popularize their music which had hitherto been barred
because of the ASCAP monopoly. Said Mr. Tompkins: “Since
our inception, commercial phonograph record companies have sold
in excess of four millions of records of BMI copyrighted titles.
Add to this an additional six million records of the music of our
affiliated publishers, and we have a grand total of in excess of ten
million phonograph records sold.” Mr. Tompkins further said:
“From October 1, 1940 to April 30, 1941, we averaged in sales
52,250 copies weekly. For the first quarter of 1941, we have aver¬
aged 74,600 copies a week. I contend that this in an all time high
record of sales from the catalogue of one publisher.”

Carl Haverlin reported to the convention that during the first
license period of BMI, radio stations had bought 73,692 shares of
stock, which, with the BMI license fees, brought total revenue
to BMI of $1,849,050.

“It is significant,” Haverlin declared, “that, quite to the contrary
of ASCAP’s statement that BMI is controlled by the networks,
only 18j^% of BMI stock was bought by the networks and
82% of BMI stock was purchased by independent radio stations.”

The BMI renewal period which commenced April 1st of this
year, he added, saw an increase in the number of stations sub¬
scribing to BMI. Over 654 stations have this year agreed to pay
BMI for their license fees $1,973,500.

Haverlin pointed out that BMI was created during a series of
district meetings of the National Association of Broadcasters in
the winter of 1939 and spring of 1940, and that every promise
made by the organization to the radio stations had, according to
these stations, been completely fulfilled.

BMI took as its premises that there is a direct relation between
radio performances of popular music and its popularity and sale,
he explained, and that it was perfectly feasible by exploring hitherto
untapped fields to bring to the public a fresh source of music
supply. Special emphasis was laid by the BMI station relations
director on the solidity of the industry during BMPs first and
second license period, particularly among the lower income radio
stations. Of this group, numbering over 400, with incomes below
$50,000 per annum, 67%, or 270 stations, are BMI stockholders.
It is interesting to note, he concluded, that this BMI group of 270
exceeds one-third of all the commercial stations in the United
States.

Sydney M. Kaye, \'ice President and General Counsel of BMI.
pointed out that not only had broadcasting maintained its full
advertising revenues but that listener interest in popular as well as
concert music programs had. according to recent surveys, actual!)’
increased from January, February and March of 1940 to January,
February and March of 1941, a period during which BMI music
was exclusively on the air. Mr. Kaye pointed out that it had been
conclusively established that radio performances, contrary to
ASCAP’s previous statements, did not hurt music sales but helped
them. Said Kaye, “We have not only paid our composers well,
but we have paid them honestly and on a scientific basis in exact
proportion to the use which radio has made of their works. This
has never been done before in this country, and BMI is proud of
it,” Mr. Kaye saici, “The importance of radio as a medium for
the exploitation of music carries with it the social responsibility
not to leave that field in the hands of .ASC.\P. an organized
monopoly. It is a fallacy to say, as .ASC.^P has repeatedly said,
that it is none of radio’s business where its money goes or how
it is divided among writers. The only way to encourage creation
of music is to pay for it, and the only way to do that is to see
that the money which radio pays for music gets into the hands of
the people who create it.”

Mr. Kaye pointed out that BMI, during its first year of activity,
during which it had acquired offices, fixtures, furniture, catalogues
and other permanent assets, had spent $1,800,000, or less than
ASCAP spends annually on the mere administrative duty of col¬
lecting license fees and paying them out again. He pointed out
that BMI's income from license fees for its second year was in
excess of $2,000,000.

“It is perfectly obvious,” he said, “that we can do the same job
for less money during the second year than we did it during the
first year. We do not have the same capital investments to make
nr the same emergency situation to face on time limit. BMI will
be able to continue an undiminished service to you at a substantial
decrease in the rates you pay. The reductions of 33J^% which
can be made in your present contract will mean that our rates
will commence from 1% and will range up to 1^3%, dependent
upon station revenue. This means that BMI can do its full job
for the coming year at approximately $1,400,000, a rebate to the
broadcasting industry of approximately $600,000.”

Mr. Kaye also reported on the per program basis of paymenf
which, unlike ASCAP's. involves no guaranties. Per program
rates for BMI music range from 37c to 5;^% on commercial pro¬
grams which use BMI music and from ^2% to 1% on sustaining
programs.

“I am almost afraid to mention these rates to you for fear that
someone will think we are depreciating the value of our catalogue
or thinking of cheapening our service, but that is what can be
done when there is no exaggerated overhead, and no desire to fix
prices on anything but a competitive and economic basis, doing
full justice to authorship.”

Mr. Kaye pointed out the necessity of maintaining BMI as a

May 23, 1941 — 439

competitive factor in the music business. He said, “Some people
recently have treated the ASCAP tiger as though it were a pussy
cat. I am not fooled. The tiger is purring only because it pays
it to purr. If we ever lay down BMI as a weapon, we will soon
find that the tiger still has its claws.” The competition which
BMI has created must be permanently maintained.”

Discussion was followed by the unanimous adoption
of the following resolution:

Whereas Broadcast Music, Inc. has not only attained but has
exceeded by far the expectations of the broadcasting industry in
creating an alternative source of music; and

Whereas by so doing BMI has opened the door of opportunity
to composers and publishers, has prevented the monopolistic con¬
trol of radio by ASCAP as a means of music exploitation and has
brought about the attendant benefits of competition, not only for
the broadcasting industry but for all music users, and for the public
at large; and

Whereas the industry recognizes a continuing obligation to main¬
tain the open door in music;

Now, Therefore, Be it Resolved that this Convention whole¬
heartedly endorses the ideals, accomplishments and purposes of
BMI, and reaffirms its obligation to perpetuate BMI in the field
of music as a service not only to its own industry but to com¬
posers, other music users, and to the public.

Neville Miller, president of the National Association
of Broadcasters, issued the following statement in con¬
nection with the MBS contract with ASCAP;

The NAB cannot agree with the statement of Mutual stock¬
holders that “the music war is over”. The preponderant elements
of the broadcasting industry, including many Mutual affiliates,
have still not received terms satisfactory to them from ASCAP.
Even more important, ASCAP has yet to offer a music licensing
)ilan which complies with the terms of the Consent Decree which
.ASC.4P signed in the action brought against it by the Govern¬
ment, and which becomes operative on June 1st, Until the prob¬
lem is solved for broadcasters generally, not only with respect to
network programs but also with respect to local programs, the
N.yB will continue to regard the music problem as a vital one.
The music situation, as it affects the industry, will be the subject-
matter of discussion at the Wednesday meeting of the NAB Con¬
vention.

Broadcast Music, Inc. issued the following statement:

There is nothing in the action of Mutual stockholders in ratify¬
ing an ASC,4P contract for network service which in any way
affects the future plans of BMI. BMI was, in fact, organized to
bring competition into the field of music licensing. BMI will
continue to render a full music service not only for the benefit
of those stations who are relying chiefly upon its catalogues but
also for the benefit of those of its licensees who have ASCAP
as well as BMI licenses. Over 95% of Mutual affiliates are
BMI licensees. The character of the BMI music service has been
demonstrated by the successful use which has been made of it
fluring the last four months. During that period such hits as I
Hear a Rhapsody, There I Go, You Walk By, My Sister and I,
and many others have been taken to the public heart, and have
proved that the younger writers of .\merica are rich in talent.
BMPs repertory now includes the iiublications of over a hundred
publishers wliose catalogues contain in excess of four hundred
thousand compositions. BMPs perpetuation as a competitive factor
in the field of music is assurefl, and its permanent support from

Mutual stations, from stations on other networks, and from inde¬
pendent stations is established without question.

BMI also announced that all of the stockholders of the Mutual
Broadcasting System had individually assured BMI of their con¬
tinued support. This includes, of course, WOR, New York, WGN,
Chicago, the Don Lee network of California, the PTnited Broad¬
casting Company of Cleveland, the Yankee Network, and WKRC,
Cincinnati. BMI executives expressed their gratification at the
unanimous support that they had received at the Convention and
at the obvious evidences that had been given of the enthusiasm
and loyalty of the industry. “We are stronger than ever before,”
said Sydney Kaye, executive vice president.

Wednesday Luncheon

With Chairman Fly at the speakers’ table, Mark Eth¬
ridge made his talk at the Wednesday luncheon. After
adjournment of the luncheon had been announced, Neville
Aliller was informed that Mr. Fly had desired to reply to
Mr. Ethridge. Mr. Miller immediately spoke to Mr. Fly
and offered to arrange for Mr. Fly to speak then or any
time Wednesday afternoon or any time Thursday. Mr.
Fly declined to accept the invitation. Later Wednesday
afternoon, a committee of Directors called on Mr. Fly and
asked him if he wished to talk at the Thursday luncheon
session. Mr. Fly said de did not. Nevertheless, Mr. Fly
indicated to newspaper reporters that he had not been
given a fair opportunity to reply to Mr. Ethridge and
compared the “management” of the Ethridge speech and
the consequent unanimous endorsement of the White reso¬
lution to “a dead mackerel in the moonlight” which “both
shines and stinks.”

Wednesday Afternoon

Recording standards and daylight saving were discussed
at the afternoon session. That evening, other-than-stand-
ard-band broadcasting was discussed at a public meet¬
ing.

C. J. Burnside of the Westinghouse Electric and Manufacturing
Company presided at the meeting and talked about developments
in general. The other speakers were:

Facsimile Broadcasting — Jack DeWitt, Jr., WSM.

Frequency Modulation Broadcasting — Major Edwin H, .Arm¬
strong.

Television Broadcasting — A. H. Morton — National Broadcasting
Company.

International Shortwave Broadcasting — .Antonio C. Gonzales,
Assistant Director, Latin .American Relations, CBS.

Thursday, May 15

At the business session of the Convention Thursday morning
the following limitations on the length of commercial copy in 5,
10 and 25-minute programs were unanimously adopted, effective
immediately:

Daytime

Five-minute programs . 2:00

Five-minute news programs 1:45

Ten-minute programs 2:30

Twenty-five minute programs 4:15

440 — May 23, 1941

Nighttime

Five-minute programs 1 :45

Five-minute news programs 1:30

Ten-minute programs . 2:00

Twenty-five minute programs 2:45

As to Five-minute News Programs, both daytime and nighttime,
further restriction by individual stations was recommended.

Revision of the Commercial Section of the Code Manual to in¬
corporate this amendment is in the printers’ hands and will be
mailed stations shortly.

Colonel Willard Chevalier, publisher of Business Week, was the
guest speaker of the session.

At lunch Thursday, Neville Miller made the following statement :

Just to keep the record straight, I wish to say that Chairman
Fly has been offered every opportunity to reply to Mr. Mark
Ethridge before a full meeting of the NAB, and in addition was
invited to be our guest speaker at luncheon today. All of these
invitations he has declined.

When plans for this convention were made, we were agreed that
it was to have one dominating objective. That objective was to
arrive at decisions on how we could be of the utmost help in the
problem of National Defense. That problem, all of us still agree,
is still the vital problem facing .\merica today.

But between the laying of those plans and our arrival here,
something happened. By a majority vote of S to 2 the Federal
Communications Commission chose that time to let loose against
us through the press, charges of monopoly, and regulations so drastic
as to change the very structure on which the .American system of
radio is built.

We must confess that when we arrived here for the opening ses¬
sions of this convention we were apprehensive. In our talks with
each other we have been full of grave worry. We left home with a
strong desire to do everything in our power to help our country at
this critical time to mobilize for national defense. We arrived filled
with fear that the very freedom of radio was being endangered.

As individuals and in groups we, more than a thousand loyal
■American citizens from all parts of this land, have been attempting
to appraise this situation, because we know that we must make a
decision. We have not wanted to be hurried by groups outside of
our industry. We believe in the democratic processes by which free
people make up their minds.

No one could have been in this room yesterday and listened to
Mark Ethridge’s straightforward talk without realizing that we
have made up our minds.

We believe that government regulation is now in danger of
becoming punitive and arbitrary government control.

We believe that the people of America expect us to act when
we think the freedom of radio is threatened, and we believe that
we would be traitors to their trust if we did not do so.

We therefore propose to act.

Yesterday, by unanimous vote, the convention adopted a resolu¬
tion urging the U. S. Senate to give prompt and favorable con¬
sideration to a resolution introduced by Senator Wallace White, of
Maine, which would result in a thorough investigation of the
whole radio structure with a view to the enactment of a new radio
law, and requesting the FCC to suspend operation of the new net¬
works rules pending the Senate investigation. I am asking the
Board of Directors to appoint a committee representative of all of
us for that purpose. It will be the function of that committee to

report to us, as soon as they are able, just what program of action
they recommend.

I know that I would not be fair to the feeling of all of us if I did
not say that this is not to be considered a “fight” between “Gov¬
ernment” and “Radio”. It is to be the implementing of our
determination to tell the people of America how and why, in our
opinion, their wishes are being betrayed. We are loyal citizens and
supporters of our Government.

The people of this country are our customers, as we are their
Trustees. When we get out of step with what American People
want, American Radio is through.

We cannot believe that we are as far out of step as some would
have us believe we are.

Ralph R. Brunton, KJBS, and Edgar Bill, WMBD, talked about
industry-labor problems at the luncheon.

Cleveland, New Orleans and New York were given preference for
next year’s convention at the afternoon session. The report of the
resolutions committee, unanimously adopted, appears on Page 451.
The convention also adopted separately a resolution thanking Mr.
Fly for attending the convention.

Mr. Miller closed the convention with the following
statement:

Following a full discussion by the Board of Directors yesterday,
of the tremendous job which lies ahead for radio in the national
defense, I have been asked to appoint a Radio National Defense
Committee. This I shall do.

The Committee, which will be representative of the industry
and of all sections of the country, will be called to meet in
Washington in the immediate future to confer with officials of
War, Navy and State Departments and other governmental and
civilian agencies engaged in the promotion of the countr>’’.s
defense. Through this committee the industry will be enabled
to further coordinate radio’s vast national defense programming
by stations and networks.

The radio industry has already manifested its patriotic devotion
to the national security. It is prepared to extend this in every
direction. We deeply appreciate the expressions of confidence
which came from General Robert C. Richardson, of the War
Department, and from Commander H. R. Thurber, of the Navy
Department. Like the Army and the Navy, American radio is
ready, come what may !

Broadcasters of the United States are already rendering this
nation an unparalleled service in National Defense.

Civil Service

Broadcasters are engaged in recruiting skilled workers for the
United States Civil Service Commission — men to manufacture
munitions, tanks, artillery, small arms, naval torpedoes, airplanes
air fighting ships for the Navy. The first request for assistance
to locate needed manpower came to N.4B last July. The need
then was for 100,000 skilled workers — men vitally needed but who
could not be located through ordinary channels which had been
used heretofore. The need for 100.000 men soon became 200,000;
the 200,000 became 300.000 and as of the first of May, I am happy
to state that the cooperating broadcasters have been able to deliver
a total of 375,000 skilled workers to the Army and Navy alone, and
the end is not yet in sight.

The Navy

Broadcasters are engaged in recruiting 10,000 flyers for the
United States Navy. These men go to Jacksonville, Pensacola and

May 23, 1941 — 441

Corpus Christi for advanced flying instructions. Since the time
a few months ago when broadcasters began making announce¬
ments for these men, the number of accepted student flyers has
increased over 600% weekly. In fact, radio has been so produc¬
tive of naval aviators that temporarily the announcement for
Navy flyers has been suspended. In the meantime these same radio
stations are recruiting aviation mechanics — the men to keep the
planes mechanically fit for the 10,000 flyers.

Treasury Department

Broadcasters are engaged in assisting the Treasury Department
in selling several billions of dollars worth of government securi¬
ties — to finance the purchase of National Defense materials and
equipment. In fact, radio is the backbone of this sales effort.

Flying Cadets

On ne.xt Tuesday broadcasters of the United States will be mailed
a letter from .Arthur Stringer of the NAB staff which will solicit
their cooperation in recruiting 30,000 flying cadets for the Army.

This is a tremendous task. Army statisticians estimate that
120,000 eligibles will have to be examined to produce the needed
30,000 flyers.

Broadcasters Help Raise $30,000,000

Broadcasters have assisted in raising nearly .‘p30,000,000 for
the relief of sufferers in war-torn Europe and elsewhere through¬
out the world.

Civilian and Soldier Morale

Broadcasters have given and are giving their facilities to main¬
tain the morale of the citizen army, the men in the United States
Navy and the morale of civilians.

Selective Service

Not many months ago radio took the story of Selective Service
to the country. Hundreds of programs were broadcast in every
state.

Alien Registration

Alien Registration, under the direction of the Department of
Justice, would never have been so successful without the help of
broadcasters everywhere.

Two Current Campaigns for Funds

Two current campaigns, both receiving the support of the broad¬
casting industry, are those of the United Service Organizations and
United China Relief.

“USO” is composed of the Young Men’s Christian Association,
the National Catholic Community Service, the Young Women’s
Christian Association, the Jewish Welfare Board and the National
Travelers Aid Association. Their goal is almost 11,000,000 dollars
for recreational facilities in over 339 locations adjacent to camps,
naval stations and defense centers throughout the United States
and its overseas bases.

Five million dollars are to be raised for relief and rehabilitation
of the Chinese.

These are but a few of the highlights of the National Defense
services in which broadcasters are engaged.

Friday, May 16

d'he Board of Directors, after its Friday meeting, is¬
sued the following statement today in response to an at¬

tack on the Association which was released on Thursday
by Chairman Fly of the Federal Communications Com¬
mission. The Chairman made his attack after he had de¬
clined repeated invitations to address the NAB conven¬
tion in reply to an address critical of Air. Fly’s adminis¬
tration of the FCC which had been delivered by Mark
Ethridge of Louisville, Kentucky. Mr. Ethridge, in his
address, announced that he was dropping a survey of the
radio industry which he had been requested to undertake
by President Roosevelt, explaining that in his judgment
his work had been rendered ineffective by the action of
the Commission's majority in suddenly issuing regulations
violently altering the structure of the American System
of Broadcasting before Air. Ethridge could complete his
work and make recommendations. Air. Fly was repeatedly
invited to address a later session of the convention in
reply to Air. Ethridge, but refused to do so:

“The broadcasters have contended that regulation under the
present Chairman of the FCC, Mr. Fly, has been punitive, capri¬
cious, biased and destructive.

“Mr. Fly’s violent statement of yesterday was the strongest sub¬
stantiation of the truth of what we have been saying. We leave
to the public the judgment of whether the state of mind exhibited
by Mr. Fly qualifies him to be Chairman of a government com¬
mission calling for judicial impartiality.”

Air. Fly replied from Washington with the following
statement :

It is of no great concern to our democracy whether any one
particular man or group of men shall occupy public office. It is
of real concern to the Nation, however, that official positions be
held by men of sufficient strength of character to do their duty
in the face of the strongest pressures which can be turned upon
them.

Chairman Fly

National defense in its narrowest aspect means purely the de¬
fense of our country against actual invasion. In its broadest aspect
it includes everything which contributes towards our national
existence and preservation of our American way of life. I want to
talk briefly about the role of radio broadcasting in national defense
construed both narrowly and broadly.

The problems of communications in the event of actual military
peril are, as you know, being studied by the Defense Communica¬
tions Board. Its chief focus is on communications, though it is
incidentally concerned also with some technical and physical
aspects of broadcasting. The Board is purely and simply a plan¬
ning body. Its plans are designed to abolish the danger which
lurks in “unforeseen contingencies” by applying foresight.

.An example will show what I mean. In the event of an actual
threat of invasion, some American broadcasting stations become
potential beacons for enemy aircraft equipped with suitable direc¬
tion-finding aiiparatus. Simultaneously these stations may be
neefled to iierform a basic role in giving air raid alarms. Flow to
reconcile the dangers of broadcasting in an area of military opera¬
tions with the need for broadcasting service in such an area is a
problem which requires our best technical skill and ingenuity.

442 — May 23, 1941

If such plans lie idle forever — and I trust the occasion for their
use will never arise — no harm is done. But if the occasion should
arise, the plans will be ready.

Down in the Tennessee Valley where I served in the T. V. A.
for several years, the engineers were concerned with a not dissimilar
problem. They laid detailed plans for protecting the valley in the
event of what they called a “hundred-year flood”. A hundred-
year flood is not something which occurs every hundred years;
it’s something which might occur once in a hundred years. Never¬
theless, plans must be readied to meet the contingency. The De¬
fense Communications Board’s plans are of a similar nature. In
preparing them, I know that we can continue to count on the full
cooperation of the broadcasting industry for information and for
the technical skill required in solving such of the complex prob¬
lems as relate to broadcasting. Defense in communications as you
know is of much greater scope than broadcasting.

I would turn now to the broader aspects of broadcasting itself
in national defense. I assume that this is the appropriate place
to reiterate what I said at your San Francisco Convention and,
indeed, in many expressions and statements to the industry since
that time. It seems strange that there should be any necessity to
repeat this thought, and I do it only in view of certain dire fore¬
bodings which have come recently from monopolistically controlled
sources in the industry. These men, to divert attention from the
fact of monopolistic control in their hands, conjure up insistently
the bogeyman of government operations. I can categorically state
again that there is no present foreseeable emergency which would
result in the government’s taking over the broadcasting industry.
Th Federal Communications Commission has no desire and no
plans to take over the nation’s broadcasting system. Neither has
the Defense Communications Board. Neither, so far as I know,
has any other government agency.

We of the Federal Communications Commission are fully de¬
termined that control over broadcasting shall not gravitate into
Governmental hands, even in the most critical foreseeable emer¬
gency. But we are equally determined that such control shall at
no time gravitate into the hands of two or three private groups.
That, it seems to me, is one mainspring of the Commission’s
Report on Chain Broadcasting handed down two weeks ago. I
cannot make the point clearer than by quoting a passage from the
report, a passage which was also quoted in the Commission’s
accompanying press statement, but which I think worth repeating
because I do not recall having often seen it in the press or heard
it on the radio. What we said was this:

“The United States has rejected governmental ownership
of broadcasting stations, believing that the power inherent
in control over broadcasting is too great and too dangerous
to the maintenance of free institutions to permit its exercise
by one body, even though elected by or responsible to the
whole people. But in avoiding the concentration of power
over radio broadcasting in the hands of government, we must
not fall into an even more dangerous pitfall: the concentra¬
tion of that power in the hands of self-perpetuating manage¬
ment groups.”

And we also said:

“Decentralization of this power is the best protection against
its abuse.”

In a very real sense, you who own and operate our radio stations
have been engaged in the national defense since the first radio
program went out from the transmitter of the first broadcasting
station. Your news programs contribute to the national defense
since the first radio program went out from the transmitter of
the first broadcasting station. Your news programs contribute
to the national defense directly and immediately by giving each
citizen an honest picture of the state of the nation and of the
world. Your forum and discussion programs, insofar as they are

well-rounded, similarly contribute by giving listeners access to
the pros and cons of current issues, thus enabling them to decide
wisely those issues which in a democracy they and their fellows
must decide for themselves. Even the lightest variety program,
if it is well and sensitively produced, contributes in a measure by
making us a stable and emotionally well-balanced nation.

But if control over our whole broadcasting system, or over the
most important units in it, it is to be concentrated in the hands
of a couple of private management groups, the situation is very
different. In that event an error in judgment or in policy can
have a most disastrous result for the nation as a whole. Suppose,
for example, that groups exercising a tremendous degree of control
over 97 per cent of the nation’s total nighttime broadcasting power
should decide that the public interest required the suppression of
statements by the Republican Party, or the Democratic Party, or
any other party. Here more is at stake than misuse of broadcasting
facilities. The very survival of our free democratic institutions —
which is what national defense in its broadest aspect means — is
at stake.

I could hardly render a greater service to the broadcasters of
America: than to commend for their consideration the language
of the Association’s President, Mr. Neville Miller, in his statement
of yesterday. Mr. Miller applauded the statement by the President
of the United States that we should keep radio free, and urged
that we be guided by that thought (and I quote) “to the end that
freedom of radio might continue to exist unimpaired and that
Democracy in America as we know it may be preserved,” Mr,
Miller continued, “I believe that there are those in radio who have
experience and the ability and the patriotism to guide this industry,
and that radio as a privately operated competitive business will
render a greater service than under Government control.” These
are the same thoughts which I have expressed to you today and
which I have repeatedly emphasized to the industry and in public
statements throughout my term in office.

Perhaps we might render a more complete and well-rounded
service, however, by noting a few lines in the President’s letter
immediately following the quotation stressed by Mr. Miller. There
our great President frankly recognized the following problem:
“how to keep radio free as part of our purpose to keep all channels
of public information free. This includes, naturally, how to pre¬
vent monopoly of radio operation or ownership,”

One way of preventing such a catastrophe is to lodge in the
FCC or some other government agency day-to-day supervision
over the fairness and impartiality of stations and networks. The
Commission unanimously rejects such proposals. We are as op¬
posed to concentration of power in the hands of government as we
are opposed to concentration in the hands of a few networks. We
believe that the way to avoid abuse of the power is to decentralize
it — to return it, in short, to you gentlemen, the individual licensees.
That is where under the law the power and the duty lie. Let me
quote again from our report on chain broadcasting:

“It is the station, not the network, which is licensed to
serve the public interest. . . , The licensee is obliged to re¬
serve to himself the final decision as to what programs will
best serve the public interest.”

I have called the Commission’s chain broadcasting order a
“Magna Charta of American broadcasting stations,” I should
like to go even further, and call it the keystone of a free broadcast¬
ing system. The Commission is implementing the Congressional
decision that control over broadcasting should rest with the hun¬
dreds of station licensees, subject only to the public interest pro¬
visions of the Communications .4ct. It is your unfettered judg¬
ment which must prevail if the .\merican broadcasting system
is to be set free and kept free. Such freedom. I need not remind

May 23, 1941 — 443

>ou, is essential to America's national defense in the broadcast
sense.

As Chairman of the Commission during these critical times I
shall consider that, as a part of the job of defense planning, one
of my primary tasks will be to keep American broadcasters free
from domination by any private corporation or combination of
corporations. As I said to you in San Francisco, your freedom is
essential to the maintenance of our democratic institutions.

As to the ways in which your handling of programs on a purely
voluntary basis may best forward the defense needs of the Gov¬
ernment departments, I am happy to defer to my distinguished
associates here today, Mr. Lowell Mellett, General Richardson and
Commander Thurber.

Ethridge Speech

What I have to say is the hardest thing I ever had to say, and
the only justification for saying it is that it is the truth, as I see it,

1 want to acknowledge in the beginning that for the first time !n
my life I agree with the Chicago Tribune. Mr. MacFarlane, its
business manager, was kind enough recently to disavow an ‘‘un¬
named individual, acting as self-constituted mentor and represen¬
tative of the industry”, w'hom I took to be myself — although I
wish people w'ould cal! my name w'hen they are talking about me —
as speaking for him. God forbid that I should ever be able to
speak for the Chicago Tribune! Nor am I speaking for the radio
industry today. I have resigned every connection I ever had wdth
this association, even to the mission which the president asked me
to undertake. I speak for myself, and myself alone, and I hope
that if there be those wdth Gestapo minds who know and like
Gestapo methods, they will not visit their punishment upon you
because of bias against me, or in retribution for what I have to
say here.

I w'ant to make one thing more clear. Because I feel as I do
today does not mean that I have renounced the New Deal. The
New Deal to which I subscribed before this administration came
into power, to which I shall subscribe after it is history, is a basic
democracy that does not like undue concentrations of power in any
hands, w'hether private of governmental. I have never been one of
those to subscribe to the absurd notion that Mr. Roosevelt wanted
to be a dictator. I have felt, and I do feel, that if we ever have
any perversion of democracy in this country, it might be through a
form of Praetorian guard, or French bureaucracy — that is, the fast
boys moving in and seizing power to defeat the people in the exer¬
cise of their rights. 1 think that is perhaps an element in this
situation, and as far as I am able, I intend to fight it to preserve
the deep, basic purposes of the real New Deal.

I am not a radio man but I assumed certain obligations from
time to time. One of them was the presidency of The National
•Association of Broadcasters. During my term, as short as it was,
I began to study radio, to try to get a philosophy about it, and to
try to understand what it was all about. I found, to my dismay,
that nobody, including the government, had an\- philosophy about
where radio w'as going or where it should go. I undertook, three
years ago tomorrow night, to give something of the viewpoint of
the Ijroadcaster. One of the things I said was:

‘‘What is their attitude tow'ard regulation? The great majority
wdth whom I have talked are wdlling to accept the thesis that the
air belongs to the people and that they are licensed to use a natural
resource. The mere acceptance of that thesis implies their recog¬
nition that we not only do have, but that we should have regula-
lation as an industry. They recognize, moreover, that the Commis¬

sion and Congress . . , are groping for a permanent policy. Most
of the broadcasters with whom I have talked recognize the desir¬
ability of an permanent policy, providing it is shaped toward the
end of taking the confusion and uncertainty out of the industry
and out of its regulation. But they do want to come out of all
these hearings and all this probing, a policy that is fair to them
and fair to the public, and a method of regulation that is intelli¬
gent.”

That is still, I may say. what the broadcasting industry w'ants
and that is what I have been W’orking for for these three years.
I felt a particular obligation to try to do something about it for
two reasons: One w'as that the president had said upon one occasion
that he would w'ant my suggestions when the time came to con¬
sider a new law ; and the other w'as that I had been concerned a
long time about the trend radio regulation was taking.

I came to feel strongly some time ago that the Federal Communi¬
cations law belonged to the ‘‘horse and buggy days”. The Presi¬
dent himself said, in a letter of January 24, 1939, to the chairman
of the Senate and Flouse Interstate Commerce Committees:

‘‘.Although considerable progress has been made as a result of
efforts to reorganize the work of the Federal Communications Com¬
mission under existing law, I am thoroughly dissatisfied with the
present legal framework and administrative machinery of the Com¬
mission. I have come to the definite conclusion that the new
legislation is necessary to effectuate a satisfactory reorganization
of the Commission.

"New Legislation is also needed to lay down clearer congressional
policies on the substantive side — so clear that the new administra¬
tive body will have no difficulty in interpreting or administrating
them.”

1 have never abandoned that idea for a moment. In fact, since
Mr. Fl\’ took office, I have felt all the more strongly about it. I
have felt, along with the radio industry, I believe, that we have
been the victims of an outworn law and of bad administration
I have felt that the Commission has gone beyond any powers con¬
ferred in the law and that it has been prejudiced and frequently
punitive. I have felt, moreover, that the Commission has not re¬
flected upon the whole either the attitude or the desires of the
administration. I felt, moreover, that the Commission was the
victim of tremendous, and frequently improper, pressures, for which
everybody was responsible.

I took occasion to say to responsible people that both the Com¬
mission and the industry had reached an almost psychopathic state
— the Commission because a majority of its members displayed
something that was at least close to a phychosis against certain
people and elements in the industry, and those of us in the industry
because of the harassments and uncertainties. The Commission
could not be expected, out of that atmosphere, nor has it ever been
able, in my knowledge, to formulate a policy defining what place
radio was to have in the social and economic structure of the
country.

What I proposed was a study of an impartial mind, trusted by
the president, to determine and report to him, (1) What type of
law would best serve public interest; (2) what changes in the law
would make for clarification for the administrators, and stability,
certainty and freedom from harassments for the industry, and (3)
how to clarify a situation and bring an industry that has always
been regulated, expects to be regulated, and needs to be regulated,
to a better understanding of its own future and to a better
atmosphere.

I urged the study as desirable for several reasons. The Commis¬
sion had made an attack on every front in radio — an attack of such
breadth and vigor that there was on the part of almost every
person I knew the feeling that something deep and underlying was
going on. The independent stations, while not being shot at, cer¬
tainly realized that whatever pattern emerged would apply to them.
The networks were of course disturbed and their affiliates — about

444 — May 23, 1941

500 serfs under Mr. Fly’s conception, as expressed yesterday — were
certainly not happy. These matters were up in the air: Frequency
modulation, television, newspaper ownership, multiple ownership,
network structures, network-station relationships, network managed
and owned stations, exclusivity, clear channels and high power.
There were not enough brain cells for each to take up an individual
worry.

I felt that no sane operator of stations affected by questions
pending before the commission would make a move; in short, that
the industry was stifled. I felt it was tragic that an industry which
depends so much for its development upon creative imagination
should have to devote so much of its mental faculty to worrying
about where the next flow from the Commission was coming from.
More than that, I had a much deeper reason for not wanting to
see a fight precipitated between the administration and the radio
industry.

We are engaged in a war besides which the adjustment of the
19-year-old structure of radio is trivial. I am aware of the argu¬
ment of Washington bureaucrats that they are always being told
that “now is not the time to touch us.” But it happened to be
simple truth in this case.

Here is an industry that was born of regulation. The govern¬
ment was its midwife ; it has certified, in granting licenses, to the
legal, moral and financial responsibility of everybody who runs
radio stations. It has set up every situation that exists in the
country. If there be monopolies, the government made them,
frequently by granting licenses to favorites. If there are restraints
of trade in contracts, the government has been aware of them for
years. It is not a case in which the government must suddenly
step in to correct abuses which are victimizing the public. This is a
case in which the 800 licensees have been suddenly told, in a burst
of piety by the government, that they were in effect operating ille¬
gally. Told that after 19 years! Told that at a time when radio
was doing perhaps the best job of any medium in bringing to the
people the realization of what all of us face in international peril.

Simple truths are sometimes more unpleasant because they are
simple. I said, and I repeat now, that it was no time drastically
to alter the radio structure of this country in pursuance of will-
o’-the-wisp theories. The most important job for all of us is to
beat Hitler, and next to the military forces, there is no instrument
more important in doing that than radio. I firmly believe the
President was deceived as to the extent of radio’s ills and almost
betrayed in not being told the divisive possibilities of the sort of
fight which was being invited. If that fight comes, he must blame
the majority of the Commission which insisted upon it.

I did not want to see the fight. I felt it was tragic. When the
President asked me to make a study and assured me that Mr. Fly
would welcome it, I was glad to undertake it. (It turns out, of
course, that Mr. Fly did not welcome it.) But I did undertake it
in good faith, not with the idea of saving anybody’s skin, but of
making honest and objective recommendations. I carried on con¬
versations with a great number of people in the industry and
invited memoranda from a number of them, including the attorney
for Mutual, from whom I have received nothing so far. I soon
discovered that there were no insoluble problems; indeed, no
problems that could not be worked out to the advantage of both
the industry and the government if good faith were demonstrated
on both sides.

I felt that the first gesture of good faith should come from the
government, because, to my chagrin and disillusionment, I dis¬
covered that so many gestures of bad faith had come from the
government. I do subscribe deeply to the idea that the air
belongs to the people and that the government is merely the
trustee for the people in issuing licenses. If that be true, there is
one test, and one test only, that should be made to determine

who shall have them: who can best use them in the public interest.
But nobody would pretend that that test has always been applied.
All too frequently, licenses have been issued upon a basis of what
appeared at least, to be, political pull.

I know of three instances in which the Commission laid dowm
principles, or had the determination of principles under considera¬
tion, and violated them by almost immediate action in favor of
people who w'ere not unfriendly to the administration. I believe
so strongly in democratic government that I am old-fashioned
enough to insist that it should set higher standards than the people
it regulates.

I have never defended the status quo in radio and I do not
intend to do so. I am perfectly willing to admit there are situa¬
tions that call for change; indeed, I have said so inside and outside
the industry. Nobody could ever say that I have advocated a
“hold-fast-to-w'hat-you-have policy.” But I must say in all
honesty that I have found that the radio operator is willing to
take his chances with the most stringent sort of government regu¬
lation if he is assured of tw'o things: (1) That the regulation is
honest and intelligent; (2) that he has assurance that what is
done is not done to produce chaos, to further an eventual taking
over by the government, but is done in pursuance of sound policy.

Personally, I do not believe you will have that assurance until
the President and Congress jointly enunciate a policy under which
the Communications Commission shall regulate — a policy so clear
that there can be no mistake in the minds of anybody. I should
like to see a new Commission, perhaps of three men, so hedged
about by safeguards that members of Congress or radio operators
or anybody else who approached them to suggest dispositions of
licenses, except in open hearings, would be put in jail. I should
like to see full and fair hearings where substantial interests are
involved, the right of review and the assurance that the vague
standard of public interest is not to be used arbitrarily to express
and enforce personal predilections. I should like to see the SEC, or
the National Association of Broadcasters given the right to inter¬
vene in connection with applications, so that known exploiters of
radio licenses could be fought. I should like to see that section
of the act as to fairness of the air strengthened. I should like to
see the industy itself assume a greater degree of self-regulation and
make a more enlightened approach to public service programs.

I think it is true, as it has often been said, that public discus¬
sion is on a higher level in England than in this country. The
level of public life, or the education of public men in England
may be higher, but nevertheless I think radio in America on its
own motion can be more creative and more imaginative than it
is. That w'ill come not by fiat, but by voluntary action and the
stimulus of a friendly commission.

I have not touched the Monopoly Report so far, I have been
represented as having so many attitudes on that that it may come
as a shock to some people to know that I had a very simple posi¬
tion. In everything I said, I never once urged that the Monopoly
report be suppressed. I urged that it be brought out, “the sooner
the better,” but that it not be issued with rules and regulations
until the industry as a whole had been given an opportunity to
study the rules and regulations against their practical operating
experience. I saw nothing presumptuous or unfair about that;
as a matter of fact, I thought not to do that was both unreason¬
able and unfair on the part of the Commission.

Before it was issued, the Monopoly report had only one im¬
portance to me, in the light of what 1 was attempting to do. That
was a psychological factor. I felt that if the time had really come
when the administration — and I mean the leaders in all branches
of government concerned — was ready to formulate a policy on
radio, then it was pointless to effectuate regulations that made
drastic changes in a structure under study. I felt that it would

May 23, 1941 — 445

be not only fair, but merely common sense, to go on and make
the indictment and let all of us see what should be done about it.

I am not excited about whether the networks should have
artists bureau or not. I am not excited about whether Columbia
should give up some of its option time; I am not excited about
whether the Red and Blue should be separated. I have no feeling
against Mutual, although I believe if Colonel McCormick trans¬
lated that rugged individualism he maniftsts in the newspaper
field into radio, and spent some of his vast capital for development
of Mutual, he might come out better than he will by having
the government which he so much distrusts try to work matters
out for him.

What I am excited about, however, is that the very way in
which the report was issued raised a question of the good faith
of an invitation to make the study, I know the President on his
part issued the invitation in all good faith. But there has been a
breach of faith, and I am perfectly certain that it can be pinned
directly upon the Commission majority.

I am excited, too, about the disingenuous method by which the
Commission seeks to accomplish its purposes. By directing the
orders against the stations, rather than against the networks, the
Commission gave frank recognition to the doubt of its powers
to carry out its purposes, and in making the recognition resorted
to sharp administrative practices. A more honest way would
have been to seek the power from Congress.

I am excited, too, because the Commission, under cover of an
alleged fear that some group would gain control of mass com¬
munication in this country — although there is every safeguard in
law, in commission power and in American character against that
— seeks to remake radically the system which it has set up itself —
a system that, with all its faults, still has given the public the
finest program service any people enjoys. I am excited about that
because the Commission is transferring a latent power which has
never been abused, but jealously safeguarded by the industry, to
itself, where it may be abused.

The text of the new regulations demonstrates how dangerous
it is for an administrative body clothed with the power of law to
substitute its judgment for the experience gained over many years
of trial and error by those who have built up a system of public
service which is acknowledged to be the best the world provides.
The Commission’s order seems to take it for granted that the net¬
work affiliates are economic serfs whom it must take into protec¬
tive custody to protect them from the so-called power of the net¬
works. The fact is that every licensee who holds an affiliation
contract with one of the networks has entered into it voluntarily,
and prizes it as a valuable franchise, eagerly sought after.

Nobody can speak dogmatically about the effect of these regula¬
tions, but I believe that it is more than probable, that the Com-
mi.ssion’s regulations will induce a lowering, rather than an eleva¬
tion of program standards. I believe, moreover, that they may
have the effect of gutting small stations. It is perfectly true that
the Commission has undertaken to provide against that, but the
provision is in the form of a threat.

Regulation, to be successful, should be intelligent and deliberate.
The new order, both from its text and from the tone of the utter¬
ances of its authors in public and in private is founded on a basis
of bad temper, impatience and vindictiveness. It is intended to be
punitive, not constructive. It will impair the very service which
it is charged with protecting.

I feel strongly that the regulations are so impractical in their
working out that the Commission will engage in a constant process
of tinkering, which may be fun for the Commission but, I venture,
hardly so amusing to the patient, or so beneficial to the public. To
my mind the Commission has embarked upon a continuing process
of adjustment that will lead us sooner or later to the easy solution

of having the whole thing taken over. The Chairman of the Com¬
mission has denied that is his intent and of course he speaks in all
good faith, but people who set houses on fire frequently have no
intent to do so.

In fairness I must point out to you the chairman's statement of
yesterday that he is willing to sit down with responsible representa¬
tives of the industry to discuss the implementation, the timing and
the procedure in connection with the rules and regulations, I ven¬
ture the personal comment that the offer is equivalent to asking
you whether you want six or eight pallbearers and whether you
want to be cremated or put under ground.

My sole purpose in accepting a commission to review the status
and needs of America, radio was to lay a basis for discussion in
which both the industry and government could participate and
out of which a new orientation of radio law and practice could
emerge. I had, I felt, made considerable progress toward securing
from the industry suggestions for change which would not only
cure situations complained of, but considerably advance the status
of radio as an instrument of public thought and national service.
But. that work has been destroyed not only by the test and tone
of the Commission’s order but by the evident determination of
the Commission by precipitate action, to forestall the expression of
views by any other agency.

However, the introduction of the White resolution in the Senate
yesterday provides a broader and more public forum in which
can take place the very discussion and deliberation which the indus¬
try and, I believe, the public regard as essential. I therefore have
decided to stand aside as an individual and to recommend to the
radio industry and to the public which has a vital interest to be
served, that the White resolution be supported by every proper
means. I urge that all groups, individuals and interests concerned
with radio, and its development recommend the passage of the
White resolution and thereafter participate in hearings. Only in
such an orderly manner can the pattern of radio for the future
be defined.

Vice President Wallace

In talking to the radio broadcasters, I wish first to express my
high appreciation of all that you who work in radio have done.
You have carried the love of good music to millions. To the lonely
and sick you have brought messages of good will, and have made
it possible for them to enjoy church services on Sunday. Today
you are building good will in Latin America by means of a two-
way radio bridge, carrying across the skyways programs which will
better enable us to appreciate the culture and music of Latin
."Xmerica, while at the same time our good neighbors are learning
through the radio to know us better. You are proving that the
Latin culture of the south and the Anglo-Saxon culture of the
north are fundamentally alike, because both arc founded on belief
in democracy and freedom. So many of the broadcasters have had
an awareness of the public interest in many fields that it gives me
an unusual pleasure to be here today to greet the National Associa¬
tion of Broadcasters.

The radio-listening audience demands of the broadcasters a
great responsibility. They expect of you the wisdom, the decency,
the good will and the enterprise which are the heritage of America.
They appreciate the way in which you have kept them up to the
minute in world events. But now, in this most critical year of the
world, we who use the airways find our work hard and dangerous
as never before because there is an organized effort by the agents
of the Nazi government to confuse the minds of the American

446 — May 23, 1941

people and to promote ill will and dissension among us. In spite
of this evil interference continually distorting the news and spread¬
ing lies and confusion, we have to go on steadily with the demo¬
cratic process of free discussion as best we can. We must defend
the spirit of America in our own words and actions against the
poisonous influences that are attacking us day by day. Radio has
an especially deep interest in the freedom of discussion which per¬
meates the very spirit of democracy.

When, in the year 1791, our ancestors adopted the Bill of Rights,
political democracy as we understand it was a new thing in the
world. The foundations of political liberty had to be laid down
in freedom of speech, freedom of the press, freedom of worship,
and freedom of assembly. That foundation was well and truly
laid. We have not yet achieved perfection in the building of our
political democracy, but we have made progress, and we are de¬
termined to hold the gains we have made and not to slip back to
the savage tyranny that the Nazis threaten to impose on all
free men.

But political democracy was not enough to maintain the liberty
and decency that we Americans hold as our ideal for human life.
We found we must also have economic democracy, and we began
to establish in law and custom the rights of economic freedom.
Especially since the first World War, in the feverish prosperity and
the shattering depression that follow'ed, the need of economic
democracy became more and more clear. After 1929, as the unem¬
ployment deepened, men were saying in every town in America:
“What good is the vote without a job?”

We had to establish the right of every man in good health to
have a job at fair wages, and the right of those who were aged or
sick to have help, the right of youth to a fair chance for educa¬
tion and opportunity, and the right of all the people to proper
food and medical care. Here also we have not achieved perfection,
but we have made encouraging progress. We are determined to
go on and build an economic democracy that is fit for a free people,
and not to let the Nazis solve all our problems for us by reducing
us to slavery.

But while we were building a political and economic democracy to
protect our rights, we found we must go further and huild into our
customs and laws, and above all into our personal lives, a democ¬
racy of responsibility for the general welfare. The threat of war
brings powerfully to our attention that we have duties no le.ss
than rights. And when the danger of war is past, if we are to
succeed this time in establishing a true peace at home and abroad,
we shall establish that true peace only by carrying on the full
duties that are the strength and support of democracy.

We know now that the failure of peace after the first World
War was partly the result of our own mistakes. We did our dut\'
in the war and we won all that any war can give — the right to
make the terms of the peace. But when we had won the right to
make the peace we were tired of facing hard responsibilities; and
peace is a hard responsibility, at home and abroad. So we quit. We
decided to go in for isolation, to mind our own business and let
the world go where it would. The w'orld has gone there.

Now we have a second chance to take up the responsibilities of
a great nation in a world that desperately needs our help. This
time our responsibility is greater than it was twenty-five years ago.
This war will decide whether the Nazi tyranny shall impose its new
order on the world, or whether the free peoples have another
chance. This time, when we are called upon to play our part
with the other free nations, to build and year after year to main¬
tain a fair and democratic peace, we dare not shirk our respon¬
sibility.

To us here, who are not workers in what is called defense
industry, it is clear that the duties of citizens go far beyond mili¬
tary defense. Total defense has no front line and no rear — where

is the front in England? Are the front line defenders of England
the sailors who man the merchant steamers in the Battle of the
.Atlantic? Or the Australians fighting in the desert of Libya? Or
the night flyers fighting 30,000 feet above the streets of London?
Or are they the women who tend the wounded where the bomhs
are falling, or who sit through long hours listening to the short
wave broadcasts of the enemy to decode his strategy from the
pattern of his lies?

In our own country, too, there are many different services for
our defense, but all are important. Some of our young men must
serve in the armed forces. Many more, young and older, must
give their time to building planes and ships and all the equipment
for a military force. But the vast majority of the people must
.serve on the home defense front, and home defense goes far be¬
yond the material job of suppl>ing food and clothing and houses.
The home front includes every kind of service, and high on the
list is the service of entertainment, information and inspiration
that is provided by the radio.

I hope to see the radio more and more reflecting the unbeat¬
able spirit which is America in such a way as to make us genuinely
proud of our defense effort and eager to go ahead producing with
every atom of our strength. Our new army camps are ninety
per cent complete. The arm>- air fields, including the overseas
bases, are fully half done. Many of our big defense projects are
ahead of schedule. We have worked hard, we are working hard,
hut we still are not working hard enough. The speed of our pro¬
duction. the magnitude of our defense effort during the next six
months, may easily make the entire difference between peace and
war for the United States. The women must not only work
themselves but stand back of the men, whether they be in man¬
agement, in labor or in agriculture, so that all of us will put our
heads, our hearts and our hands to the task. The job which we
do in the next six months, turning out war materials in ever-in¬
creasing quantities, may easily make the difference between free¬
dom and slavery for our children’s grandchildren. Never has a
generation of people had thrust on it such a responsibility as that
which is ours.

Whatever opinions we may hold as to the .American policy in
the war, we are all of one opinion as to the need of building up
the strength of America at home. We can use our talents and
opportunities to help the .American people meet the demands of
the day with courage and confidence. We can help the people to
understand what is going on, and where their service is most
needed, and how they can find the greatest satisfaction in the
responsibilities of citizenship.

P'or instance, if you are operating a local station, you can play
a great part in home defense hy calling attention to all the con¬
structive things that are done to improve your community. Your
neighbors want to be useful. They want to belong to the com¬
munity and the nation. What can they do? We can’t do all the
planning and organizing in Washington, and we have no desire to
centralize all the planning there. Most of the organization for
strengthening the life of each community will be done by local
people who are self-starters and who know what the community
needs. The other people who are good workers but are not able
to start the work, need to be told what is going on. The radio
can help the people find their places hy telling the facts about
organizations that serve the public welfare, as well as by spread¬
ing the official information about defense jobs.

In addition, you can do a great service by spreading widely the
news of any^ community activity that has been tried and found
successful. There will be some among your hearers who will take
up the idea and use it in their own towns. Let me give you an
example.

In Ohio, several farmers and their wives were asked to invite

May 23, 1941 — 447

a dozen neighbors to spend the evening first in a discussion of
farm problems and second in refreshments and sociability. These
groups of neighbors began meeting once a month at different houses,
and a remarkable thing happened. Almost everyone came and
kept on coming to the meetings. The idea began to spread. Now
I am told there are over 100 of these monthly meetings in Ohio,
and the system is spreading to other States. It seems a simple
thing, hardly worth telling about. But this simple story of
neighborhood meetings is worth its share of time on a national
hookup here and now, because these meetings fill a real need. Too
many Americans are lonesome because the old-fashioned neighbor¬
hood has disappeared and has left them not belonging to anything.
People can enjoy the movies, but they can’t belong to a movie.
These farmers in Ohio have built themselves a neighborhood to
belong to. and there is new life in them. This story is an illustra¬
tion of what you can do to help people find out how to take
hold in their own communities. And of course, when you have
told them what is being done, you will tell them where to get
exact information. Exact information about farmers’ neighbor¬
hood meetings in Ohio can be obtained by writing to the Farm
Security Administration at Washington.

But I cannot tell you all the stories, nor w'ork out all the
methods that you know so much better than I. All I can do is
to urge you to use you own imagination. The people are im¬
portant, each one in his place, but sometimes they don’t know
how important they are, and so they are discouraged. Tell them,
and let them know how' to get the feeling of belonging to the
team.

You know that a man wmrking in a powder plant is not the
only defense worker in his family. The woman who makes a
home for him and who takes her share of the risk without losing
her nerve, is an important as the man who does the labor in the
plant. You know that not only in England under fire, but in
America under the strain of national danger, women are as im¬
portant as men, but the w-ork that women do is more often left
without recognition or understanding. You, the radio men of
.\merica, have the techniques to bring recognition and encourage¬
ment, and the sense of belonging to their country, to women as
well as men w'ho are bravely carrying their share of the load.
You have done much good work along this line; I am urging you
to do still more of it. You yourselves, when you do this kind
of a job, are members of the team.

There is a second line of service that I should like to mention
Ijriefly, though the idea is entirely familiar to you. Everyone
knows that news from abroad is censored, so that even what is
said by American reporters is cut down to a pattern that repre¬
sents the plan of the censorship. I believe it is worth while to
emphasize continually the purpose of the governments that have
colored our news. The Nazi government is lying even when it
lets an .American reporter tell a fact that is a true fact, because
its purpose is to make Americans believe that Germany has al¬
ready won the war and that we may as well quit. The pattern
of truth and lies that comes out of Germany adds up to a planned
attack on our security. We all know that. I suggest that we
keep always in mind that the people who listen to us may he
deceived unless we are careful to point out the purpose that lies
behind the news and how that purpose is related to our interests
as Americans. It is truth in advertising, not deception, to put the
skull and cross-bones label on poison bottles.

Finally, and most important to my mind, is the opportunity
lhat is given to all those who use the radio to promote unity
inside the Ihiited States and a reasonable attitude toward all the
world. We are under constant attack by the Nazi propaganda
that tries to create bad feeling among us and false ideas about
other countries. One of the greatest contributions any one of us

can make to our defense is to resist this propaganda of hate at
every point.

We can help the defense of America by going out of our way
to encourage the service of all those minorities in our country who
are loyal to the democratic ideal and anxious to belong to our
brotherhood. It is good to remember that the two chiefs of the
defense program are both foreign born, both natives of conquered
nations, and one a Jew. Let us make a special point of recogniz¬
ing the full membership in America of Jews and Christians, of
Whites and Negroes, of the Germans who came here for freedom’s
sake, of Italians who have no desire for a Nazi victory that would
enslave their friends in Italy. Let us take a special pleasure in
reporting the athletes, the great musicians, the business leaders,
the successful .Americans in every line, whose unusual names pro¬
claim that they or their ancestors came from nations that now lie
under the Nazi terror. They are glad to be Americans, and we are
proud to have them among us. It is worth our while to say we
are proud of Knudsen and Hillman, Einstein and Kreislcr, DiMaggio
and LaGuardia, and thousands of others who have made notable
contributions to our life.

We shall also do well to keep our minds clear about the German
people, here and in Germany. The German people are not the
same as the Nazi gang that has seized control over Germany. Most
Germans are not gangsters. In Germany, the majority of the peo¬
ple are caught in a trap. They do not dare resist the Nazis, and
they are afraid if they quit the war they may be punished unmerci¬
fully for the Nazi crimes.

Let us do our part to show here in America that we can dis¬
tinguish between the great majority of Germans, whom we know
to be good citizens, and the few who belong to the Nazi gang.
The time will soon come, I hope, when we can help to encourage
the decent, civilized Germans who are still caught in Germany to
release themselves from their Nazi masters. In all that we say
over the radio, I believe, we shall do well to keep that object in
mind, for the cure of Germany will be an essential part of a true
peace.

These are the thoughts that I should like to leave in your minds.
We who do the talking need to take pains to understand the de¬
mocracy that we are defending. Democracy is to be understood
only by getting down to cases, where people act on their own
initiative to serve their country in the place where they are. Let
us understand this democracy of service and responsibility, and tell
the people what they are doing so that they can draw inspiration
from one another. Let us do our part also to build the confidence
of the people in their own strength and in the comradeship of all
the free citizens of our country of every race, color and creed. By
fortifying our own democratic spirit we shall help in protecting
our country against the attacks that are made upon her. Beyond
that, we shall help to carry the light of hope to the [jcople of
Europe who are waiting their chance to overthrow the conqueror
and win back their freedom.

General Richardson

I am most grateful for this opportunity to take part in the N.AB
convention. I come to discuss a problem of mutual and important
concern to you and to the War Department: the functioning of
American broadcasting throughout the present emergency.

Let me say at the start, that the officers of the .Army have the
highest admiration for American radio. Both at home and abroad,
you have kept us informed and entertained. And, if >'ou believe
that a General cannot be as much amused at the boyish pranks of

448 — May 23, 1941

a Charley McCarthy as is a private in the ranks, then behold, in
the flesh, proof to the contrary. Thus in the Army, as well as in
civil life, you are each day spinning a thread of entertainment and
information which is drawn through every segment of our popula¬
tion, uniting us in common interests and common purposes.

The Army is not unmindful that the brilliant and useful record
which radio has made in this country, has been based upon a typical
American concept of competitive enterprise which has furthered
the social and economic advance of our country. Your industry
has demonstrated a will and a capacity to serve the public interest,
fairly and squarely. Through the evolvement of your own system
of self-regulation you have demonstrated a capacity to eliminate
social and commercial abuses within the ranks. So long as you
continue to operate I believe you yourselves will justify the con¬
tinuance of the American System of Broadcasting by your day
to day service to the nation.

Some years ago, on a certain radio program, there was a word
repeated over and over again. It was said to be a “horrid” word.
Today, there is a word going the rounds in radio circles which
is also regarded as “horrid.” It‘s that word “control.” “The con¬
trol of broadcasting during a war” with connotations that the
private system of broadcasting will be washed out should the war
emergency become more critical.

I wonder what is meant by that word “control” ? The Army
Signal Corps is exclusively concerned with the military use of radio
frequencies for essential systems of Army communications. I am
told they have ample frequencies for such work. In time of an
actual war, where certain stations in the long band may be used
as homing stations by enemy aircraft, such stations will go off the
air in defense of their country as well as of their own property.
Should military combat occur in areas where American radio sta¬
tions are located, quite naturally such stations in such areas will be
taken over and used by the military forces. Such temporary dis¬
locations are to be expected in time of war. But I believe this is
not what is in most people’s minds when they speak of “radio
control.” I believe what they mean is the control of programs,
and of news and this is where another horrid word crops up — “cen¬
sorship.” This is what you really want to hear about.

The control of anything is absolutely barren, unless that thing
be used. Will it be necessary for the Army to take over radio
broadcasting in order to use it? I do not thing so. Let us go
further. Why does the War Department wish to use radio? The
answer is obvious: to keep the nation informed, to build confidence
in our new citizen-soldier Army now in the making, and to have
instantly available the ear of every man, woman and child shouhl
invasion occur and their safety be imperiled. I believe the patrio¬
tism and the honest self-interest of this industry can be depended
upon to cooperate with us voluntarily in this important mission;
to impose such voluntary modifications of operating policy as
best serves the nation’s defense, to set up a system of defense pro¬
gram priorities balanced between the Army and the Navy and other
defense agencies, and to establish a system of technical and pro¬
gramming procedure, that in the dire necessities of warning serv¬
ices or of information services, the transmitters of every station
in the nation, regardless of network or non-network affiliation will
be simultaneously available to the Army’s call, nationally or
regionally.

The start of this important cooperative venture has already
begun. Late last fall, the War Department asked for the loan
of an officer of this Association whose devotion to duty and patrio¬
tism was such as to earn your confidence and the confidence of
the War Department. And so Mr. Kirby, your Director of Public
Relations was loaned to us for the purpose of liaison between the
War Department and the radio industry. It is his job to translate
the Army’s radio needs to you immediately and efficiently. To

assist him, a competent staff of writers and specialists has been
drawn direct from your industry. These men have been selected
not only because of individual abilities, but with due reference
to their combined experience in every type of station and net¬
work. Thus in the Radio Branch, you will find someone conversant
with your programming policies, whether yours be the smallest
station or the largest network.

Now a word about that word “censorship.” I believe that
every thoughtful American knows that certain information such
as the blueprint of the American bomb-sight — the most accurate
in the world — or schedules of the movements of troops, must be
restricted for our own welfare and the protection of our sons.
Certainly this is not censorship. Outside of these, there is no
censorship of news, now, or intended. The whole function of the
Bureau of Public Relations of the War Department, and of its
Press, Pictorial and Radio division is just the opposite: to get the
story of the .Army anrl to make it available to press, newsreel and
microphone.

The type of news which has to do with the whole national de¬
fense program will probably originate either in Washington or most
appropriately be collected there. It is with such information that
the War Department’s Bureau of Public Relations will work most
regularly. Every effort will be made to follow up inquiries, and
to consolidate, from various sources within the department, the
information requested.

-At each of the principal .Arm>' posts and camps you will find
one or more public relations officers on regular assignment. These
gentlemen have had, in practically all cases, an opportunity to
adapt their functions to the special requirements of the radio sta¬
tions in the surrounding areas. You will find in each case an earnest
desire to cooperate fully in providing information and lining up
broadcasts. At all stations provision has been made for receiving
members of the press, radio and newsreels. There are files of
Army regulations, bulletins, directories of personnel and other
reference material. Many of the larger military units also have
their own public relations officers, who are normally members of
the intelligence staff. In the usual case the public relations officer
on permanent duty at the camp or station is somewhat better
equipped to meet the needs of radio in his locality; in most cases
he can secure information which has been specially requested, on
short notice.

Before 1 close, may I brieflc' give you a background of the
.Army’s story, because I sincerely believe it may help you and your
program builders in better understanding our purpose:

It may not be understood generally by the layman that the
officials of the War Department are unable to act until the people,
through Congress, have appropriated the money and passed the
necessary legislation. Congress did not pass the Selective Service
.Act until September, nor did it authorize the President to call
into Federal service the National Guard for one year; nor appro¬
priate money for the construction of the cantonments until last
September. Since that date, within the short period of 7 months,
buildings have been constructed to house one million men who
have been clothed, fed, armed, equipped and given basic train¬
ing — all this in six months! This achievement is nothing less than
a miracle of Democracy at work, American Style. Without going
into too much detail, let me say that 32,000 individual buildings
have been constructed, all over our country. New, and large
cities of men have sprung up. There, peaceful minded men from
peace-loving families are being trained in the science of war, lest
anyone have the mistaken notion that Americans of 1941 will not
fight to protect our individual rights of life, liberty and the pursuit
of happiness, won through the years by those whose memories are
already in your minds. We are, gentlemen, witnessing today the
development of a tremendous story — the greatest untold story

May 23, 1941 — 449

of the decade; the development of the powerful, the intelligent,
the civilian Army of the American people. This is where you of the
radio and we of the .^rmy, find common interest: What is the
story of our new Army? Why are men in camps? What do they
do? How do they live? Who are they? Let me tell you: They’re
your boys and mine. The new Army of the LInited States is com¬
posed of men from every walk of life and ever>' section of our
country. It reaches into every home; into every school; into
every business; into every church; into every economical and
social group. The people of the United States through the Congress
have entrusted to the Army and to the Navy their sons, husbands
and brothers for training. To the .Army and Navy, likewise, have
been entrusted huge sums of money for the defense of the nation.
The American people, therefore, are entitled to receive daily from
the camps and the War Department, news of their .Army and
periodic reports on the status of the defense program.

With this thought in mind the Secretary of War decided to
establish, under his personal supervision, the War Department’s
Bureau of Public Relations in order to provide the American people
with accurate information by means of our various media of
expression: the press, the radio, the newsreels, the movies and the
magazines. We, therefore, have a great responsibility toward the
public to see that they are kept honestly informed. In turn the

public has a great responsibility toward the .Army because the

.Army, more than ever before, is “Our Army,” not “The Army.”
Mutual understanding is needed and frankly sought.

It is the frank desire of this Bureau to be as helpful as possible
to American radio. .After all, freedom of expression is one of the
cherished rights which we are preparing to defend. There is no
request from your great institutions that can be considered too

much trouble with which to comply. I have found during my

short incumbency as Director of the Bureau of Public Relations
the press, magazines, radio and screen are more than cooperative.
Let me observe that, as the defense program develops the untold
story of the Army is beginning to emerge. It is a constructive
story counter-balanced now and then by failures, some minor, a
few serious. Tell the story, good or bad. The story of the
.American .Army can be no better nor worse than the story of the
.American people. For the story of the .American .Army and of the
.American people is one and the same. Personally, I think it’s a
good story. I think you do, too !

Commander Thurber

II is my privilege to express to radio’s representatives here tofla>'
in annual convention the Navy’s appreciation to radio organiza¬
tions as a whole for their splendid cooperation in broadcasting the
Navy’s story during the past year. You have given us much^ -
your wide experience in visualizing what would present the Navy’s
picture in words, your unfailing courtesy in arranging and drama¬
tizing timely presentations. All this has benefited listener audi¬
ences as well as the Navy. To our far-flung, ocean-going efforts
to the attention of those w'ho cannot see our ships and their men
at w'ork is no small task. We in the Navy feet that radio has con-
tributerl to that visualization in no small measure.

There is much to be done in the days ahead. The tempo is
accelerating each minute, calling for rapid, w'ell-planned action. A
minimum of confusion and a maximum of cool determination are
in order. With that in mind, I wish to outline, as concisely as
possible, the Navy’s problems in public relations so that you in
radio and we in the Navy may cooperate on close and practical
lines.

Tw'o major phases are presented — first, that which may be de¬
fined as constructive broadcasting, and second, that which involves
withholding details of military value to potential enemies. Both
these phases are vital — especially so today, and in the immediate
future.

Let me enlarge for a moment on the negative phase — the with¬
holding of information that affects military security. Believing
that the war situation was growing serious for us. the Secretary of
the Navy early this year requested all press, radio, and photo¬
graphic agencies to avoid publicity, unless authorized or announced
by the Navy, on four subjects affecting the success of the Navy’s
operations should war suddenly descend upon us. As was hoped
and expected, the answers to this request were “yes” — just short
of one hundred per cent. Radio set up its own list of precautions
to ensure that this request was understood and carried out. From
the first of this year to date, the adjustment from peacetime to
emergency conditions has been accomplished wdth a smoothness
that betokens nothing but successful continuance.

It was foreseen that in a national emergency, new situations
would arise, and that inevitably there would be other requests for
cooperation of this nature. Since the Secretary made his original
request, new situations have developed, so that the “avoidance” list
today for all Dublicity media is, briefly, as follows:

(1) Presence, and actual or intended movements, of LI. S. Navy
vessels or aircraft ;

(2) Actual or intended movements of units of Naval (and Ma¬
rine Corps) personnel;

(.1) Secret technical U. S. Navy weapons, or the development
thereof ;

(4) Details of the armament, armor, speed, cruising radius of
new U. S. Navy ships or aircraft;

(5) Details of itemized assembly capacities, skilled machinery
practices, and number of personnel employed in shipyards,
aircraft factories, and industrial plants having Navy con¬
tracts;

(6) Information of the military strength or defenses of our
naval bases — continental and outlying;

(7) .Aerial photographs of U. S. Navy ships and shore establish¬
ments ; and

(,H) Presence or movements of British warships — and merchant
ships — in LL S. waters.

That list is a vital one from a military standpoint. Recognizing
that there are many important factors contained in the list, the
Navy Department announces regularly as much as can be released
on those subjects so that the people of this country may know
that the Navy is on watch and under full power. But unless details
are announced or authorized by the Department or responsible
naval commanders, it is far better, from a military point of view,
that publicity be avoided on the subjects which have just been
itemized.

Although casual reporting of those subjects may be unintention-
all>' harmless, unauthorized release of information may reveal to
the enemies’ observer and espionage services a missing link they
are trying to discover in the chain of valuable military information.
In case of doubt it is recommended you refer your questions to the
Navy Department or to the Naval Districts. Incidentally, and to
answer such queries, the Department early in the year began
operating the press (and news radio) section of its Public Rela¬
tions Office on a 16-hour basis, and last week went to a 24-hour
watch. Enlargement of the Navy’s public relations facilities has
been carried on in the Naval Districts, so that you also may look
to headquarters of these Districts for assistance.

If this country should actually enter the present conflict, you
unrloubtedly will be asked by the Navy to avoid publicity on two
or three additional subjects. For instance, during World War I
there were 20 items on the original request list issued by the Com¬
mittee on Public Information. These included Navy, Army, and
State Department activities on which it was deemed unwise to

450 — May 23, 1941

report in any form whatsoever. And those 20 items were aug¬
mented as new situations arose.

Obviously, we are fortunate in having been able to discuss these
"negative” subjects in advance of a possible armed conflict. In
the period of adjustment from the days of reporting all news to
the present time, invaluable suggestions have been made, and steps
have been taken, to clarify the atmosphere. The Navy appreciates
the assistance given by all agencies in approaching a working agree¬
ment for voluntary cooperation. We feel that much has been
accomplished — particularly so, when recalling the many aggrava¬
tions that existed during the early days of World War I. Then,
the problems of voluntary cooperation were hampered by the fact
that there was no "list” for specific guidance until seven weeks
after hostilities began. Intelligent analysis today has ironed away
many of the acrimonious difficulties encountered in that time of
stress.

We turn now to what may be called the constructive phase of
radio broadcasting. The field of constructive broadcasting is
large and deserves our best combined thought and energy. A few
thoughts are registered here as an approach to our mutual problem.

Entertainment programs for naval personnel have been staged
by radio and are being increased rapidly. It is self-evident that
these morale-builders are a most important contribution to the
Navy, and to those at home who have the welfare of our men
close to their hearts.

Dramatizations of incidents in our naval history — and the Navy
is rich in tradition — offer a comparatively untapped source which
could be developed with excellent effects on the esprit de corps of
the Navy and the country'.

Feature stories based on the regular releases from Navy press
conferences and public relations offices, supplemented by our re¬
search facilities, are another source of present-day interest. .\s
examples of these, I mention but a few that were broadcast in
recent months.

Personality programs — such as the six Patten brothers,
aboard the USS Nevada far out in the Pacific, conversing
with their father on the mainland; the Boston Plniversity foot¬
ball team indicating their intention to become Naval .'\viation
Cadets; and the many individuals involved in colorful gradua¬
tion exercises at the Naval Academy; Analyses of the great
progress being made in the Navy’s building program ;

Launchings and commissionings of many historically-named
ships in our “two-ocean fleet”;

Activities at our three major Naval Air Station.s — Pensacola,
Jacksonville, Corpus Christ! — and at our 16 reserve aviation
bases ; and

Programs originating from naval aircraft, from our sub¬
marines, from our battleships far at sea.

To these valuable contributions by radio, there have been added,
with the Navy’s grateful appreciation, spot announcements and
interviews which have aided the Navy in obtaining aviation
cadets, reserve midshipmen, and enlisted personnel, so that our
recruiting has remained on a voluntary basis to date, with no
relaxation in the high standard of the Navy’s requirements.

In furtherance of this outline of constructive cooperation, the
Navy welcomes suggestions for radio broadcasts. Because of
many emergency considerations, we cannot promise approval in
every case. But it is the Navy’s desire to render maximum cooper¬
ation with radio — to extend every effort, compatible with security,
in obtaining, building, and staging naval programs of spot news,
feature, special event, or other public interest. Indicative of this
attitude are the cooperative measures of the Navy’s public relations
offices during the past year, and the steady expansion of these
offices in anticipation of additional needs and requests as the pace
quickens.

Your great industry, with its far-reaching voice, has been and
can be of inestimable service to the Navy. We feel that radio

will continue this service as long as v/e are worthy of it — and. in
closing, I wish to assure you that your Navy from the Secretary
through all ranks and ratings, is working long hours, with all its
experience and manpower, to be worthy of the trust the nation
has placed in us.

Resolutions

1. THANKS. The National Association of Broadcasters hereby
extends its hearty thanks to those who have participated in its
deliberations and who aided so materially in the success of the
19th .Annual Convention.

The National Association of Broadcasters extends its most sin¬
cere thanks to the Honorable Henry .A. Wallace, Vice President of
the United States, for his kindness in sending to the convention
such an interesting and inspiring address. While we regret his in¬
ability to be with us in person, we are doubl>’ grateful for his
taking time out from his arduous duties to address us in these
critical times.

The National Association of Broadcasters wishes to thank the
Honorable James Lawrence Fly, Chairman of the Communications
Commission for his attendance at the convention, and in par¬
ticular for his frank and open discussion of many controversial
questions confronting our industr>' at the moment.'

The National Association of Broadcasters expresses its deep
thanks to Genera! Robert C. Richardson, Director of the Bureau
of Public Relations, War Department, and to Commander H, R.
Thurber, Director of Public Relations, FT, S. Navy, and Lowell
Mellett, Director of the Office of Government Reports, for their
attendance at this convention, and for their fine expression of con¬
fidence in the patriotism and abiliti' of this industry in setting up
a system of voluntari' self-regulation which makes of American
Radio the strong right arm of the .Army and Navi' in these critical
days of the war emergency.

We extend our thanks also to Major Edwin H. .Armstrong. C. J.
Burnside and Col. Willard Chevalier for their fine contributions
to the convention program.

In addition, our thanks go to Honorable William Dee Becker.
Mayor of St. Louis, to the Management of the New Jefferson
Hotel, the Convention Committee, headed so ably by Merle Jones,
to the wives of the St. Louis broadcasters, headed by Mrs. Merle
Jones for providing such a fine program of entertainment for the
ladies of the convention, and to all other individuals and groups
from the City of St. Louis who have been exceedingh' generous
and cooperative with their time and talents.

2. The National .Association of Broadcasters extends its thanks
to the convention Entertainment Committee, headed by Bill West,
to the Production FJepartments of CBS, MBS and NBC. headed
respectiveh' by Floug Coulter, Dolph Opfinger and Clarence
Menser. We also thank Mr. Nat .Abramson, the Producer of the
Show and Miss Estelle Marantz and Dan Sayford for their un¬
tiring work and cooperation,

3. The National .Association of Broadcasters expresses its appre¬
ciation to Edgar Bill, Chairman of the Code Committee and to
those broadcasters who have served with that committee, which
has given the industry a system of self-regulation and self-educa¬
tion bespeaking the industry’s awareness of its social and economic
responsibility, and which has demonstrated radio's ability to regu¬
late itself in the public interest.

4. The National .Association of Broadcasters looks with con-

' This resolution was adopted separately as well as with the
others.

May 23, 1941 — 451

tinued favor ui)on the constructive work in the educational broad¬
casting field being done by the Annual Institute of Education by
Radio at Ohio State University each spring, and at the Mid-West
School Broadcast Conference in Chicago each December. It is
pleased that an organization to serve as a connecting link between
these two conferences is now being formed. It pledges its con¬
tinued cooperation for the further spread and improvement in edu¬
cational broadcasting.

5. The National Association of Broadcasters expresses its high
appreciation for the constructive work done by the Radio Council
on Children’s Programs, and particularly to its distinguished
Chairman, Mrs. Harold V. Milligan, and Vice-Chairman, Mrs.
Dorothy Lewis who recently completed a nation-w'ide tour and
survey w'hich has uncovered valuable information upon which
continued improved programming may be based.

6. The National .Association of Broadcasters expresses its deep
appreciation to Dr. Julio Barata, Minister of Information of the
United States of Brazil, and to Mr, Glenn Bannerman, President
of the Canadian Association of Broadcasters for their attendance
at this convention, and for the expressions of comradeship from
the Brazilian and Canadian broadcasters. The presence of these
two distinguished broadcasters from our neighboring countries re¬
flects the growing hemispheric solidarity which .American radio is
helping to achieve, linking the Nations of the new world in bonds
of good-will and understanding by radio.

7. The National Association of Broadcasters hereby extends its
thanks to its President Neville Miller and to the members of his
staff for their untiring efforts in successfully scheduling and carry¬
ing out the largest convention the .Association has ever held and
for their extremely effective work done during the year just
completed.

8. RESOLUTION

Where.as this convention assembled has heard the thoughtful
study and inspiring report of Mark Ethridge on problems con¬
fronting the broadcasting industry, and

Whereas the courage, clarity, sincerity and soundness of this
report has met with the overwhelming approval of the broad¬
casting industry as exemplified by the spontaneous approbation
accorded his remarks

Now therefore.

Be it resolved that this convention express of record its sin¬
cere and grateful thanks to Mark Ethridge for the unselfish and
inestimable service rendered the industry and the public by his
timely presentation of his personal views pertaining to problems
of fundamental importance to the nation and the industry.

9. Whereas Broadcast Music, Inc., has not only attained but has
exceeded by far the expectations of the broadcasting industry in
creating an alternative source of music; and

Whereas by so doing BMI has opened the door of opportunity
to composers and publishers, has prevented the monopolistic con¬
trol of radio by .ASC.AP as a means of music exploitation and has
brought about the attendant benefits of competition, not onlv for
the broadcasting industry but for all music users, and for the
public at large; and

Whereas the industr\- recognizes a continuing obligation to
maintain the open door in music;

Now', Theree'ore, Be It Res(.)eved that this convention whole¬
heartedly endorses the ideals, accomplishments and purposes of
BMI, and reaffirms its obligation to perpetuate BMI in the field
of music as a service not only to its own industry but to com¬
posers, other music users, and to the public.

10. Whereas, precipitate promulgation of the Federal Communi¬
cations Commission’s new rules regarding netw'ork broadcasting
threatens the freedom of radio and the .American System of Broad¬
casting; and

452 — May 23, 1941

Whereas, the National Association of Broadcasters is of the
opinion that the listening public and the .American people as a
whole should be given the opportunity to learn just w'hat the
effect of these rules would be on .American radio, particularly w'ith
regard to program service ;

Be It Resolve;d: that the National Association of Broadcasters
urge the United States Senate to give prompt and favorable con¬
sideration to a resolution introduced by Senator Wallace White of
Maine, which would result in a thorough investigation of the
whole radio structure w'ith a view' to the enactment of a new radio
law; and w'ould request the Federal Communications Commission
to suspend operation of the new netw'ork rules pending comple¬
tion of the Senate investigation.

11. Since the observance of Daylight Saving Time in some sec¬
tions of the Llnited States and its non-observance elsewhere, dis¬
rupts radio time schedules and adds to the difficulty of the listener
in knowing when to tune in programs of national importance; and
since the disruption of radio time schedules twice each year cur¬
tails the effectiveness of radio broadcasting in making the people
of the Llnited States the best informed people in the world — the
.Association instructs its president to urge upon the duly consti¬
tuted authorities, the vital necessity of establishing as a National
policy Daylight Saving Time in all parts of the Llnited States.

12. The National .Association of Broadcasters reaffirms its posi¬
tion expressed at the time of its 1940 convention with reference
to its desire and intention to cooperate in every manner possible,
with the Federal Government in presenting a united front in the
Defense of our free institutions and reiterates its desire to cooperate
in the coordination and promotion of the country’s defense activ¬
ities.

13. The 19th Annual Convention of the National Association of
Broadcasters hereby approves the official acts performed since the
last annual convention by its duly qualified officers.

14. The National .Association of Broadcasters does solemnly
rededicate the .American Radio industry, with whose freedom it
is entrusted to the promotion of the .American way of life, and
to preservation of the unity and morale of the .American people.

Submitted by the Resolutions Committee:

E. E. Hill, WTAG,

Ed Yocum, KGHL,

George Cranston, WBAP,

Lee B. Wailes, Westinghouse
Radio Stations, Chairman.

New Board of Directors

Chairman

Neville Miller, President

NAB, Washington, D. C.

*District

1

Paul W. Morency, Assistant Secretary
WTIC, Hartford, Connecticut

District

2

Clarence Wheeler, Vice President
WHEC, Rochester, New' York

District

3

Isaac D. Levy

WCALI, Philadelphia, Pennsylvania

District

4

John .A. Kennedy, President

WBLK, Clarksburg, West Virginia

District

S

Frank King, President

WMBR, Jacksonville, Florida

District

6

Edwin W. Craig, Vice President
WSM, Nashville, Tennessee

District

7

J. Harold Ryan, Vice President

WSPD, Toledo, Ohio

District

8

John E. Fetzer, President

WKZO, Kalamazoo, Michigan

''■■District

9

William H. West, Jr., President
WTMV, East St. Louis, Illinois

^District

10

John J. Gillin, Jr,, Station Manager
AVOW, Omaha, Nebraska

District 1 1
District 12
District 13
District 14
District 15
District 16
District 17

Earl H. Gammons, General Manager
WCCO, Minneapolis, Minnesota
Herb Hollister, President
KANS, Wichita, Kansas
O. L. Taylor, President
KGNC, Amarillo, Texas
Gene O’Fallon, President
KFEL, Denv'er, Colorado
Howard Lane, Station Manager
KFBK, Sacramento, California
Harrison Holliway, Station Manager
KFT Los Angeles, California
Harry R. Spence, President
KXRO, Aberdeen, Washington

Directors-At-Large

Large Stations
^District 7

District 10

Medium Stations
District 17

^District 4

James D. Shouse, Vice President
WLW, Cincinnati, Ohio
J. O. Maland, Vice President
WHO, Des Moines, Iowa

C. W. Myers, President
KOIN, Portland, Oregon
Don S. Elias, Executive Director
WWNC, Asheville, North Carolina

Small Stations

*District 4 John Elmer, President

WCBM, Baltimore, Maryland
District S J, W. Woodruff, Jr., General Manager
WGPC, Albany, Georgia

Network

District 2 Edward Klauber, Executive Vice President
CBS, 485 Madison Avenue, New York City
District 4 Frank M. Russell, Vice President

NBC, Trans-Lux Building, Washington, D. C.
* Executive Committee

CONVENTION ATTENDANCE

There is no need to tell those who were present at the
Nineteenth Annual Convention in St. Louis last week that

PROMOTION DISPLAY WINNERS

After viewing more than 275 panel displays entered by
nearly one hundred radio stations, the Judges Committee
of the Promotion Display at the NAB Convention today
named the following stations winners of the six general
classifications;

Trade Paper Advertising — WABC, New York Statuette trophy
presented by Sales Management Magazine.

Direct Mail Advertising — WIBW, Topeka Certificate of Merit
presented by Direct Mail .Advertising .Association.

Special Events, Public Service — WAAB, Boston — Gold Plaque
presented by Radio Daily.

Station Backed Promotion — KMOX, St. Louis Statuette trophy
presented by Young Men’s Division, St. Louis Chamber of
Commerce.

Program Presentations — KNX, Los Angeles Desk Set presented
by Standard Radio.

House Organs — WOW, Omaha, Trophy presented by St. Louis
University.

Although no trophy was awarded in the seventh classi¬
fication, Special Activities, the Judges Committee de¬
cided special mention should be given KXOK, St. Louis,
for an outstanding presentation.

Stations of all classes of power, wave length, and geo¬
graphic locations were represented in the display — from
Duluth, Minnesota, to New Orleans, Louisiana, and from
New York City to Los Angeles — from Florida to Seattle,
and from Texas to Massachusetts.

Judges who served on the committee were:

it was the largest from standpoint of attendance in the
history of the industry. The following table indicates the
attendance by District with the percentage of NAB mem¬
bership from each District shown. It is remarkable to note
that almost 70 per cent of the total NAB membership was
on hand to participate in the Association’s business trans¬
actions. It is further gratifying to note that 22 of the 23
associate members were in attendance.

Jack W’. Lacmmar. Lord and Thomas, Chicago, Chairman.
Carlos Franco, Manager of Station Relations Bureau. A’oung
and Rubicam, Inc., New York.

John Crandall, .Arthur Kudner. Inc., New York.

Bernard J. Prockter, Radio Time Bucer, The Biow Co., Inc .
New A’ork City.

Tom Lynch, Radio Time Bu\er, Wm. Esty &- Co.. Inc., New
York City.

Oscar Zahner. Manager Ruthrauff & Ryan, St. Louis.

Charles Gardner, Gardner .Adv. Co., St. Louis.

No. of

Convention

No. of

NAB

Non-

District

Stations

Members

Members

%

Members

1

55

38

18

47.3

0

2

56

33

22

66.6

2

3

58

29

19

65.5

12

4

84

55

35

63.6

3

5

74

44

22

50.0

1

6

55

31

28

90.3

7

7

41

26

23

88.5

6

8

SO

28

19

67.9

4

9

58

31

25

80.6

7

10

56

38

31

81.6

4

11

38

23

16

69.6

1

12

34

20

16

80.0

5

13

58

24

21

87.5

1

14

44

25

14

56.0

2

15

34

24

10

41.7

2

16

46

22

15

68.2

7

17

50

32

11

34.4

2

Grand

- -

—

—

—

—

Totals

891

523

345

66.0

66

FM

Stations

6

5

Associate Members 23

22

552

312

67.4

In charge of the promotion display for the NAB were
Howard O. Peterson, Promotion Manager, WOW, Omaha,
chairman; Chick Allison Sales Promotion Manager, WLW,
Cincinnati; J. Soulard Johnson, Promotion Manager,
KMOX, St. Louis; and Robert Sampson, Promotion
iManager, KWK, St. Louis.

GOLF WINNERS

Paul H. Raymer of Chicago, station representative, and
Peirce Raymer of New York, of the same firm, tied for
first place (net scores, 60) in the NAB golf tournament
for the Broadcasting trophy.

Gene Pulliam, Jr. of Station WIRE, Indianapolis, won the cup
offered by St. Louis broadcasters with a low gross of 75.

Mrs. Robert T. Convey, wife of Bob Convey, Station KWK, won
the women’s trophy offered by St. Louis Broadcasters. Her
score was 108.

May 23, 1941 — 453

Sales

DEALER-COOPERATIVE ADVERTISING
BY TIRE MANUFACTURERS

As a result of a sales trip to Akron, Ohio, by Frank E. Pcllegrin,
Director of the NAB Department of Broadcast Advertising, the
following information has been secured on the dealer-cooperative
advertising policies of the four big tire manufacturers there. Briell) ,
the situation is this:

Goodrich Tire Co. — F. T, Tucker, Director of Advertising, says
that a 50-50 dealer-cooperative advertising policy is in effect, with
the dealer having a free choice as to which medium he prefers.
Radio is on an equal basis with any other medium. If radio is
bought, the dealer must use transcribed spot announcements fur¬
nished by the company, just as he must use approved mats and
copy for newspaper ads, and the spot times selected must he
approved by the company’s advertising department. There are a
few exceptions to the above, where dealers have been permitted
to retain programs or other special services that have done an out¬
standing job over a period of time, but it is Mr. Tucker’s desire
to have all dealers conform to the general policy. In the case of
company-owned stores, in place of the 50-50 division of costs
the company pays 40%, and 60% is charged to the store’s budget,

Goodyear Tire Co. — A 50-50 dealer-cooperative policy is in
effect, with the dealer permitted to choose the medium he prefers.
The company expresses a slight preference for newspapers because
they believe it is easier to control and check, but this docs not
interfere with a dealer’s choice of radio if he is sold on it. No
special service must be purchased, but the company’s advertising
agency keeps a man at the Akron office who will furnish spot radio
copy if requested, just as he will furnish recommended copy for
newspapers or other media.

General Tire Co. — A new policy has been adopted whereby the
company pays 100% of the cost of newspaper advertising placed
on behalf of local dealers. R, H. Harrington, Advertising Manager,
explains that this policy cannot be changed until the end of the
fiscal year on December 1 . The local dealer, who used to pay 50%
of all local advertising, is expected to spend approximately as
much as he formerly did, but now must pay in full for whatever
advertising he buys. He of course has a free choice of media in
spending his own money, and the advertising agency will furnish
recommended ratlio copy upon request without charge. Mr.
Harrington stated that this policy was adopted to give the company
greater control of local advertising schedules. He said that under
the old 50-50 system radio had been tried in man.\’ markets, but
without unusual success. Fie believes it is harder to measure and
control than newspaper, and said that overlapiiing coverage of
radio stations, conflicting claims, difficulty of clearing desirable
siiots, etc., all played a part in determining the new policy. If the
present plan does not work satisfactorih'. the policy may be
changed, but he advised stations to sell the local dealer on using
radio with the funds that arc supposed to be set up in his own
budget.

Firestone Tire Co.- -This company sponsors the “Voice of Fire¬
stone” on a national network, and feels that this gives them wide
coverage of the radio market. The company also places advertising
in all other national media, in its effort to do an all-around adver¬
tising job. District and local funds, however, must he placed on
a 50-50 basis in newspapers only. The dealer, or the company-
owned store, must pay 100% for radio, direct mail, or any other
medium. Mr. Starbird, Advertising Manager, and Mr. McGinness,
his assistant, emphasize that the company controls all dealer and

store advertising, even selecting the particular newspapers in which
ads are placed, insisting that this is necessary in their operation.
They declared that radio does not lend itself to their particular
localized spot campaigns because of difficulty in getting just the
coverage they want, in clearing desirable spots, and because they
cannot trust their local dealers to buy radio effectively. They
charged that too often in the past radio stations have “sold” local
dealers on whatever was available for sale, without due regard as
to how it would fit the advertising problem at hand. They said
it is impossible to regulate or control local radio as easily and surely
as it is to insert newspaper ads — and they won’t trust their dealers
to do the job for them. It was also learned unofficially that the
compan\' will not give up its newspaper advertising because of
fear of the “editorial club”. The company feels that it must main¬
tain the goodwill of newspapers, especially in view of present in¬
dustrial and labor conditions, etc. Radio, having no editorial
policy, is thus handicapped.

Mr. Starbird indicated, however, that the “Voice of the Farm”
series may be repeated via spot radio.

^ ^

In view of all the above, it appears that radio salesmen have
their work cut out if all of these tire manufacturers are to be
brought into the fold of spot radio for dealer-cooperative adver¬
tising. Each advertising manager was given as strong a selling as
possible on the effectiveness of radio, and this work by NAB will
continue until the job is done. Special presentations will be made,
success stories submitted, evidence compiled and presented, and
additional sales calls made. Every objection that was raised was
answered, and additional answers are being prepared.

The job can be done better and quicker, however, with full
cooperation from national radio sales representatives and especially
from local sales managers. These forms of cooperation arc sug¬
gested :

1. Work particularly with the local tire dealers in your market;
sell them on radio to such an extent that they will request it
from the company in overwhelming numbers.

2. Send to your national representatives and to N.AB \’our par¬
ticular reasons why radio should be used: your success stories
on tire dealers, other automotive accounts, and various ac¬
counts in different fields but with similar problems.

With several million dollars of revenue in prospect, we suggest
that it is well worth the effort.

INTERNATIONAL ADVERTISERS AGENCY

\ N.AB member station reports that it broadcast $756 worth of
advertising for Father Hennepin's Ointment and the Grand Island
Distributing Co., placed through International .Advertisers .Agenc\’,
Niagara Falls, N. Y.

The station says it has received no answer from the agency in
response to its statements or letters regarding them, and asks for
information from other stations that have carried this business as
to whether the agency did pay its bills, or what action had to be
taken.

.An>' information on this subject, sent to N.AB, will be forwarded
to the inciuiring member.

FINANCIAL ADVERTISERS’ MANUAL

The N.AB Department of Broadcast .Advertising has made ar¬
rangements with the Financial Advertisers .Association to prepare
a coni[)kte section on radio advertising to be furnished by them to
all their members as a part of their public relations manual.

This association is made up of nearly one thousand banks, sav¬
ings anrl loan associations, and similar financial institutions, all of
which need and use advertising. Heretofore their manual has con-

454 — May 23, 1941

tained complete sections on newspaper, outdoor and other media,
but not on radio.

Already a wealth of material has been compiled by NAB fur
inclusion in the radio section, but more can be used. If you have
any success stories on the use of radio by local financial institutions,
or other data that you think will be helpful, please send it to
N.\B as soon as possible.

SAVINGS & LOAN REPRINTS AVAILABLE

Through the cooperation of Federal Home Loan Bank Board of
Washington, the NAB Department of Broadcast Advertising has
secured 500 reprints of a booklet entitled “Radio Advertising b\-
Savings and Loan Associations”, containing a variety of informa¬
tive and helpful material that should assist stations in increasing
this form of revenue.

While the supply lasts, copies are available to NAB members
free upon request.

TO SELL SATURDAY TIME

A promotion letter by KJBS of San Francisco, pointing out the
desirability of Saturday time for radio advertising, should be
helpful to all sales managers and salesmen in increasing station
revenue. Therefore it is reprinted here:

Saturday is the heaviest shopping day of the week. But
60 to 70% of this shopping is done during the afternoon. The
purchases are PLANNED on Saturday morning!

According to a N. Y, State Chamber of Commerce check,
ten of New York’s largest banks report that Friday is the
greatest payroll day of the week. This indicates that people
have more available CASH on Saturday!

The 40-hour week has come to mean a 5-workday week
for most business concerns. The 5-day week has definitely
created an ALL-FAMILY listening audience for Saturday.

1. 36% of all downtown shopping in 16 representative
U. S. cities is done on Saturday.

2. Two-thirds of ALL Saturday grocery sales are made
in the afternoon.

3. 21% of large New York department store sales are
made on Saturday.

4. 40% of chain grocery sales are made on Saturday in
Greater New York.

5. 30% of independent grocery store sales are made on
Saturday in Greater New York.

43%' of all KJBS accounts are “Saturday-wise”, selling new
thousands of Monday through Friday workers in addition to
the regular, DAILY, daytime listeners — A Sunday audience
on Saturday at week-day rates!

PER-INQUIRY AND FREE-TIME

I’oiMlroiii and Collins .Advertising .Agency of Dallas, Tex., is
endeavoring to secure per-inquiry advertising on behalf of the
Crazy Water Crystal Co. Stations are advised to be especially
careful of this account, since it was cited in a complaint by the
FTC in September of 1940 for "misrepresentation in the sale of
Crazy Mineral Water, Crazy Water Crystals and Crazy Fiz”. For
details of the complaint, see N.AB Reports for September 20, 1940,
page 4622.

Frank K. Steel .Associates .Advertising .Agency of Chicago, is
seeking free time on behalf of Princess Pat cosmetics by asking
stations to sell lipsticks for 10 cents, and keep the dimes, sa\ing
“you can use this account as a ‘bellwether’ for the sale of other
national advertising”. The “slow summer months” angle is again
stressed. One NAB member commented in reporting this: "Why
can’t we once and for all stop this kind of racket? If every
station would refuse it wouldn’t take long.’’

The .American Hotel .Association of Washington, D. C., is

seeking free spot announcements to promote National Hotel
Week. N.AB is advised that the association has no funds with
which to purchase radio advertising. The association’s director
stated that newspapers are contributing some publicity in news
and feature stories. N.AB pointed out that “publicity” in the
form of newsworthy items on regular newscasts is one thing, but
“free plugs” are something else again, and suggested that local
hotels be induced to pay for any announcements used.

IJozcll & .Jacobs .Agency of Omaha, Neb., is seeking per-inquiry
advertising for a hay-fever remedy called H.AAT), using the angle
of “spots tliat you probably could not sell anyway during July
and .August.”

Rogers Al Smith .Agency, of Chicago, is seeking free time for
Scluitter Candy Co., offering to give candy free as prizes to
winners of a contest if the advertising time is donated by stations.

“Radio Income Rnilders”, of Des Moines, la , have a new
approach on their per-inquiry fountain pen deal, not requiring
stations now to buy a stock of the pens outright, but charging
them an extra fee for handling the orders and mailing the pens
direct. Whew !

The .Ai'inand S. Weill .Agency of Buffalo, listed in Reports
of May 9 as inviting stations to cut rates for Sachinol Perfumers,
explain in answer to a letter from NAB that this was not their
intention; that “The reason I put the cost per inquiry in was to
show stations what we have done in the past, thus giving them a
yardstick to decide whether or not they could produce enough
mail to bring our cost per inquiry somewhere near this figure,
based of course on their card rate.” Since then, letters to stations
from this agency have stated: “This is not a request to take this
account on a cost per inquiry basis. We will pay full card rates
if you feel you can produce the response we desire.”

Max Goldberg .Advertising .Agency of Denver, Colo., is asking
stations to cut rates for a campaign of 1 -minute transcribed an¬
nouncements to be placed on behalf of the State of Colorado.
.A form letter from the agency tells each station that its rates as
published in Standard Rate & Data are too high, and asks that
the local rate be granted. They also want preferred spots, next
to network shows or News, — “preferably shortly before 6 p. m.,
at 5:59 if possible, paying the day rate.”

In two of the cases cited above, it will be noted that advertising
agencies take the angle that in seeking per-inquiry deals, stations
would give them “time during the summer months that you
couldn’t sell anyway.” It is that attitude on the part of agencies
that NAB objects to.

The psychology is all wrong from the station’s standpoint. Who
says that radio time cannot be sold during the summer months —
during any months? Why should advertising agencies, who derive
their living and their jobs from commissions paid by radio sta¬
tions, undermine confidence in summer radio?

If this attitude is permitted to go unchallenged, the idea will
spread and a defeatist attitude will creep into your sales staff —
as well as among your advertisers. Tell a salesman often enough
that "radio can’t be sold in the summer” and he’ll begin to believe
it — and have a ready-made alibi for failure to work and failure
to produce results. Tell it to your prospects often enough and
their budgets will go into newspapers or other media that won’t
permit such defeatism.

N.AB suggests that the best answer to such statements is to
prove that summer radio can be sold, and to start by refusing to
accept chisel deals offered on that basis. Some of these agencies
need a few letters from you station men, in addition to those
they get from N.AB.

May 23, 1941 — 455

RADIO PROGRAM AT AFA CONVENTION

The radio departmental program at the annual AFA convention
has been completed for VVerlnesday morning. May 28. Sponsored
by the Sales Managers Division of the NAB, the program include,^
‘‘Increasing the Tune-In”, by Walter J, Neff, President, Nefl-
Rogow, Inc., New York City; ‘‘The Effect on Adveitisers of the
Monoiroly Report”, by Russell Place, N.\B Counsel; ‘‘Chimes and
Gongs in Radio Advertising", by Frank E. Pellegrin, N.\B Director
of Broadcast Advertising, and “Highlights of the NAB Conven¬
tion”, an open discussion with questions and answers. Robert S.
Peare, Advertising Manager of General Fllectric Co, and Manager
of Broadcasting, WGY, will preside. All radio men are invited.

Daylight Saving

A number of stations requested copies of the summary
of the Daylight Saving Time Survey as submitted by the
Director of Research at the Wednesday afternoon session
at the Convention. This is repeated here for the benefit
of all members:

“485 stations or 58% of the industry furnishecl information re¬
quested in the questionnaire. Network affiliated stations account
for 73% of the replies and independent stations contributed 27%.
Of all network affiliates, 68% rei)licd. Of all independent stations,
45% replied.

“Of the 485 stations replying, 104 reported observance of Day¬
light Saving Time; 381 reported that their communities did not
observe Daylight Saving Time.

“152 or ,11. ,1% rcportefl the attitude of ])eople in their commu¬
nity was favorable to Daylight Saving Time. Plnfavorable attitude
was reported by 219 stations or 45.2%. Seventeen stations or
3.5% reported the iiublic “on the fence”. 97 stations, 20%,, did
not know.

“91.5% of the stations in communities observing Daylight Sa\ -
ing Time reported the pulilic favorable. F'rom communities not
observing Daylight Saving Time, ,U.3% of stations reported a
favorable jiublic anrl 45. 2G an unfavorable public.

“281 stations reported the necessity for realignment of programs
because of Daylight Saving Time. 80% of network affiliates and
12% of independents reported realignment problems.

“Monetary loss resulting from the shift to Daylight Saving
Time was reported by 87 stations and amounted to $664,786. .As¬
suming that an adequate sample was represented by the 87 stations,
the industry loss is apirroximatcly 5 million dollars per year.

“128 stations reported that [lartial observance of Daylight Sav¬
ing Time affecterl their competitive program situati<in. Of these,
94 reported their competitive jmsition impaired.

“Unsolicited listener reactions were reported by 285 stations.
Favorable reaction was received notably when Daxlight Saving
Time was observed. Unfavorable reactions to stations in areas
not observing Daylight Saving Time were predominantly com¬
plaints because of irrogram schedule changes.

“The suggestions of stations of a solution to the problem .iCF/r,
want a change from the present set-up; 2,1% leant no change;
27% expresseil no opinion. Of 241 stations wanting a change
from the e.xisting set-up, 62 stations (26%) want universal Daylight
Saving Time; 78 stations (22%, J want universal Daylight Saving
Time or universal ‘No Daylight Saving Time’; .13 stations (14%,)
want universal Daylight Saving Time or radio kept on Standard
Time; 51 stations (21%o) want radio kept on Standard Time; and
17 stations or 7%o want all Daylight Saving Time abolished.

“Summary of the above shows 72%c in favor of universal observ¬
ance of Daylight Saving Time.

“Universal observance of Standard Time is suggested by 7%.

“The idea of keeping radio on Standard Time, regardless of
whether Daylight Saving Time is observed in the communities or
not, is favored by 21%, and, as an alternative to Daylight Saving
'I'ime observance, by 14%.

“Most stations emphasized that the solution to the problem lies
in National regulation.

“The three liills in Congress today propose National observance
of Daylight Saving Time as a defense measure to be accomplished
by F'cdcral regulation. There is no National move to abolish Day¬
light Saving Time.

“Stations report in various sections that observance of Daylight
Saving Time this year missed by extremely narrow margins of vote.

“One California station reported that Daylight Saving Time
was defeated at the last election by ‘the theatrical lobby and a
careless vote'. It was reported that San .Antonio, Texas, missed
having Daylight Saving Time by a narrow margin due to the last-
minute o|jposition of night baseball and movie interests.

“Since the Survey was begun, Lexington and Louisville, Ken¬
tucky, have adopted Daylight Saving Time, and undoubtedly
nearby cities will adopt it. Peoria, Illinois, has Daylight Saving
Time this year for the first time, thus further extending the Day¬
light Saving Time area around Chicago. Indianapolis reported
liending legislation for Daylight Saving Time observance. A Wis¬
consin law prohibiting Daylight Saving Time missed repeal at the
last session of the legislature by one vote.”

Th following; resolution was introduced by Willard D.
tlgolf of Station KVOO, Tulsa, Oklahoma, at the Sales
Managers’ meeting at the Convention;

“Whereas the Sales Managers of the Radio Industry are
charged with the responsibility of selling Radio Time and fur¬
ther seeing that Radio Time is made productive for its pur¬
chasers and

“Whereas the observance of Daylight Saving Time in some
sections of the LTnited States and its non-observance else¬
where disrupts Radio Time Scherlules and

“Whereas if is our opinion that this disruption of Radio
Time Schedules is the direct cause of lost radio billing amount¬
ing to hundreds of thousands of dollars annually and

“Whereas this disruption of Radio Time Schedules occasions
inconvenience to buyer, station and public,

“Therefore, Be It Resolved that all branches of the Radio
Industry should cooperate in perfecting a plant whereby the
observance of Daylight Saving Time shall have no effect on
Radio Time Schedules and whereby ‘Change of Time’ shall
be abolished permanently.”

The resolution was referred to the Resolutions Committee of
the Convention.

.M the General Session of the Convention on Thursday
tifternoon, the Resolutions Committee presented to the
Convention the following re.solution which was unani¬
mously adopted:

“Since the observance of Daylight Saving Time in some sec¬
tions of the United States and its non-observance elsewhere
flisrupts radio lime schedules and adds to the difficulty of
the listener in knowing when to tune in programs of national
importance; and since the disruiition of radio time schedules
twice each year curtails the effectiveness of radio broadcasting
in making the [icoplc of the Lhiitcd States the best informed
people in the world -the A.ssociation instructs its president to
urge upon the duly constituted authorities, the vital necessity
of establishing as a National policy Daylight Saving Time in
all parts of the United States.”

456 — May 23, 1941

ARMY PROGRAM DIRECTOR

Sterling Wright, program director, WSPA, Spartans-
burg, S. C., advises that Major Jones at Camp Croft
is looking for an experienced radio program director
or production man who is now in the army. If Major
Jones learns where there is one, he will try to get him
transferred to Camp Croft.

RADIO INCOME TAX

Introduction in the House on Tuesday of a bill (H. R.
4806) by Representative Connery (D-Mass.) to provide
a radio-broadcasting tax marks another step in the cam¬
paign of the International Allied Printing Trades Council
to penalize radio allegedly for causing unemployment in
the printing trades. The bill would levy an “amusement”
tax of 20 per cent on gross income (radio time sales less
agency commission not to exceed 15 per cent) on sta¬
tions whose income exceeds $500,000, a 15 per cent tax
on stations whose income falls between $250,000 and
$500,000, and a 10 per cent tax on stations whose in¬
come is more than $150,000 and less than $250,000.

A network “or group of stations owned, controlled or
operated by substantially the same interests” would be
subject to the tax on the network stations as a unit.

The measure has been referred to the Committee on
Ways and Means, before which John B. Haggerty, rep¬
resenting the Printing Trades, appeared May 19 and urged
special taxation of radio. NAB has laid the pertinent
facts before the committee, and will resist any attempts
to tax radio stations discriminatorily as against other
media.

FEDERAL LEGISLATION

HOUSE

H. R. 4703 (Secrest, D-Ohio) COPYRIGHT — To amend sec¬
tions 12 and 13 of the Copyright Act of March 4, 1909, to secure
the prompt deposit of copyrightable material into the Library of
Congress, and prompt registration of claims of copyright in the
Copyright Office, and for other purposes. Referred to Committee
on Patents.

H. R. 4806 (Connery, D-Mass.) — R.\DIO TAX — To provide a
radio-broadcasting tax. Referred to Committee on Ways and
Means.

H. R. 4826 (Kramer, D-Calif.) COPYRIGHT — To amend sec¬
tion 8 of the Copyright .\ct of March 4, 1909, as amended, so as
to preserve the rights of authors during the present emergency,
and for other purposes. Referred to Committee on Patents.

SENATE

S. 1518, (Walsh, D-Mass.) COMMUNICATION— To prohibit
the use of the mails or other channels of interstate or foreign com¬
merce for the delivery or transmission of any advertisements,
solicitation, statement, or other communication wherein the word
“Olympic” or any of its derivatives is used in such a manner as is
likely to deceive the public. Referred to Committee on Interstate
Commerce.

S. 1519 (Walsh, D-Mass.) COMMUNICATION — To prohibit
the use of the mails or other channels of interstate or foreign com¬
merce for the delivery, transportation, or transmission of any
tickets, advertisements, solicitation, statements, or other com¬
munications containing false statements or representations as to
the amateur character of any event, competition, or spectacle, for
the purpose of selling tickets of admission to, or raising funds for
the support of such event, competition, or spectacle. Referred to
Committee on Interstate Commerce.

SENATE RESOLUTION

S. Res. 113 (White, R-Maine.) COMMUNICATIONS — Author¬
izing a study of sundry communication problems. Referred to
Committee on Interstate Commerce.

STATE LEGISLATION

Florida:

H. 68 (Luckie) PROPAGAND.^ — R.ACE — Relating to propa¬
ganda inciting race, color or religious hatred. Referred to Commit¬
tee on Americanism.

H. 960 (Same as S. 268) (Perry) PHONOGRAPH RECORDS —
S.ALE — To prevent claims for additional compensation after sale of
phonograph records, transcriptions or any form of recorded music
and entertainment. Referred to Committee on Judiciary ‘.A”.

H. 978 (Minshall, et al.) FOODS — MISBRANDING — .^mending
Sec. 15, Chap. 19656, Acts of 1939, relating to the disposal or move¬
ment in commerce of adulterated or misbranded foods, drugs, de¬
vices and cosmetics; prohibiting false advertising and guaranteeing
thereof. Referred to Committee on Public Health.

H. 1038 (Committee on Americanism) RELIGIOUS HOS¬
TILITY — Prohibiting the circulation or publication of statements
tending to create hatred, violence or hostility, against persons by
reasons of their religious belief. Referred to Calendar.

Massachusetts:

H. 2427 (Reported on P. D. 144-Con Law) RADIO — SL.^NDER
— Relative to slander by radio.

H. 2432 (Reported on H. 189, 324, 1721) COPYRIGHTED
MUSICAL COMPOSITIONS — Requiring the filing with the state
secretary of contracts pertaining to the sale, licensing or other
disposition of performing rights in copyrighted musical composi¬
tions and dramatico-musical compositions, and imposing a tax on
the gross profits of such sales, licenses and other dispositions of such
rights.

H. 2499 (Offered by Innis as substitute for H. 2427) SL.AiNDER
— Relative to slander by radio.

Missouri:

H. 593— RADIO ADVERTISING— BEER— LIQUOR— Prohibits
radio broadcasts advertising beer or intoxicating liquor.

Pennsylvania:

H. R. 76 (Jefferson) RADIO BROADCASTING— NEGRO
SPIRITUALS — Requests radio broadcasting stations to refrain
from desecrating negro spirituals. Referred to Committee on
Rules.

FEDERAL COMMUNICATIONS
COMMISSION

FLY DISCUSSES “MONOPOLY”

xAt a press conference early this week James Lawrence
Fly, FCC chairman said, in answer to a cjuestion, that the
network monopoly report is all settled, now that the
report is out and he said that the Commission has re¬
ceived many offers of cooperation from the broadcast
industry.

Answering another cpiestion Mr. Fly said that he had
seen Senator Wheeler at a telegrajih hearing at the Capi-

May 23, 1941 — 45 7

tol this week, but that he had not discussed the White
resolution with Senator Wheeler.

'I'he Chairman told the newsmen that he is still opti¬
mistic about selecting a person to head the new foreign
short wave propaganda analysis set up. He said he had
had great difficulty in filling the job. However he said he
hoped to be able to announce the new head in a few days.

HARRIS ASSISTANT GENERAL COUNSEL

The FCC announced the appointment of Thomas E.
Harris as .Assistant General Counsel to succeed Joseph
L. Rauh, Jr., who is resigning to take a position on the
legal staff of the Lease-Lend .Administration. Mr. Harris,
who is now in the office of the Solicitor General, will join
the Commission’s staff within a week.

Born at Little Rock, .Arkansas, on Alay 25, 1912, Mr.
Harris attended the local schools and was graduated from
the University of .Arkansas in 1932. He received his legal
education at the Columbia Law School, from which he
was graduated in 1935 with high honors, having served
on the Editorial Board of the Columbia Law Review.

Following his graduation from law school, Mr. Harris
was appointed law secretary to Mr. Justice Harlan Fiske
Stone of the United States Supreme Court, and served in
that capacity for one year. From 1936 to 1937, Mr.
Harris was employed at the Washington law firm of Cov¬
ington, Burling, Rublee, .Acheson and Shorb.

From 1937 to 1939, Mr. Harris was employed by the
Lands Division of the Department of Justice, where he
specialized in appellate work. He was .Assistant Chief of
the Appellate Section during the last si.x months of his
tenure.

In 1939, Mr. Harris became a member of the staff of
the Solicitor General’s office, where he is presently em¬
ployed. He has had extensive appellate experience, in¬
cluding numerous appearances in the Federal Circuit
Court of .Appeals, and five appearances before the Su¬
preme Court of the United States. His appearances in
the Supreme Court included the presentation of the Gov¬
ernment’s case in two important appeals from decisions
of the National Labor Relations Board — the Phelps-
Dodgc case and the Republic Steel case. He also pre¬
sented for the Government the important case of Inter¬
state Commerce Commission vs. American Trucking Asso¬
ciation, involving the classification of employees of truck¬
ing companies.

Air. Harris is married, and resides in the District of
Columbia.

In submitting his resignation, .Assistant General Coun¬
sel Rauh explained;

“I have only one real rejiret in making this move. Hefore leav¬
ing the Commission. I should have liked to sec the chain broad¬
casting regulations upheld in the forum of public opinion and in
the courts, as I feel confident that they shall be. I should have
liked to see them become an integral part of the structure of radio
broadcasting in this country. The Chain Broadcasting Report

458 — May 23, 1941

and regulations constitute, to my mind, the most forward-looking
step toward the safeguarding of freedom of speech that has been
taken for many years.”

HILMER ASSISTANT GENERAL COUNSEL

The FCC announced the appointment of Lucien A.
Hilmer as .Assistant General Counsel in charge of the
Broadcasting Division of the legal department. Mr.
Hilmer succeeds to the position formerly occupied by Air.
George B. Porter, who resigned in the fall of 1940 to en¬
ter private practice. Air. Hilmer has been in charge of
the Broadcasting Division since Air. Porter’s resignation.

.A native of New York, Air. Hilmer is thirty-three years
of age. He graduated from Williams College in 1928, and
from Harvard Law School in 1931.

From 1931 to 1935 Air. Hilmer engaged in the private
practice of law in New York City. In 1935 he was ap¬
pointed .Assistant Counsel to the Senate Committee on
Interstate Commerce, in connection with the Railroad
Finance Investigation conducted by that Committee. In
1938 Air. Hilmer was appointed as .Associate Counsel to
the Committee, and served in that capacity until his ap¬
pointment as Special Counsel on the staff of the Federal
Communications Commission in 1940.

Air. Hilmer is married and resides in the District of
Columbia.

TELEVISION APPLICATION FORMS

New application forms to expedite the transition of
television stations from experimental to commercial basis
have been made available by the FCC in preparation for
the advent of television commercial service on July 1.

Form 330 covers construction permit for a new com¬
mercial television station under the rules and regulations
and standards adopted by the Commission’s order of
April 30.

Form 333 covers construction permit, modification of
construction permit, or modification of license for existing
television stations, and can be used by the 21 present
program stations for furnishing engineering information
called for in the April 30 order. Information heretofore
filed may be included in the application by reference.

woe INCREASED FACILITIES

The FCC granted the application of Tri-City Broad¬
casting Company for a construction permit to install a
new transmitter, erect a directional antenna system for
nighttime use, move to another site, and to change the
operating assignment of its station WOC, at Davenport,
Iowa, from 1450 kilocycles, a local frequency, to the
regional frequency of 1420 kilocycles, with power in¬
crease from 250 watts to 1 kilowatt, unlimited time.

In a Decision and Order (B-136), the Commission
holds that operation of WOC under changes brought about
by the North .American Regional Broadcasting .Agreement
will not involve objectionable interference. However,

the grant is conditional upon WOC’s submitting proof of
performance of its proposed directional antenna system.

NEW CALIFORNIA STATION

On the basis of evidence adduced at public hearing,
the FCC proposes to grant the application of the Broad¬
casting Corporation of America for a radio station at
Riverside, Calif., and, because of mutually exclusive in¬
terference, deny the application of the Riverside Broad¬
casting Company for a station at the same place.

There is no broadcast station in Riverside at present.
The Broadcasting Corporation of i\merica seeks author¬
ity to use 1420 kilocycles with 1 kilowatt power on un¬
limited time. The Riverside Broadcasting Company is
applicant to use 1420 kilocycles with 250 watts power,
unlimited time. Their simultaneous operation is im¬
practicable.

The station proposed by the Broadcasting Corporation
of America would render primary service to approxi¬
mately 152,900 persons in the daytime and to some 114,-
600 persons at night, whereas the other applicant pro¬
poses primary service to about 90,400 persons by day
and 33,500 by night.

On the basis of such showing, the Commission, in its
Proposed Findings of Fact and Conclusions (B-137),
concludes:

“1. Simultaneous operation of the stations proposed by the ao-
plicants herein would result in prohibitive interference and the
granting of one application would necessarily preclude the grant¬
ing of the other.

2. The station proposed in the application of the Broadcasting
Corporation of .America would render primary service to approxi¬
mately 62,500 more persons during the day and 81,100 more per¬
sons during nighttime hours than would the station proposed in
the application of the Riverside Broadcasting Company,

3. The applicant. Broadcasting Corporation of America, is
legally, technically, financially, and otherwise qualified to con¬
struct and operate a radio-broadcast station as proposed.

4. The granting of the application of the Broadcasting Corpora¬
tion of America (Docket No. 5780) subject to the selection of a
satisfactory transmitter site and complete radiating system, will
serve public interest, convenience and necessity; the application
of the Riverside Broadcasting Company (Docket No. 5890), should
be denied.”

JACKSONVILLE, ILL., BROADCAST GRANT

The FCC adopted and made final its Proposed Findings
of Fact and Conclusions (B-130) to grant Hobart Ste¬
phenson, Milton Edge and Edgar J. Korsmeyer, a part¬
nership, doing business as Stephenson, Edge and Kors¬
meyer, a construction permit for a broadcast station at
Jacksonville, Ill., to operate on 1150 kilocycles, with
power of 250 watts, daytime only.

Helen L. Walton and Walter Bellatti, another partner¬
ship, had applied for the same facilities. Joint hearing
was held last September.

In today’s amended conclusions the Commission finds:

“Where, as in this case, there are two qualified applicants seeking
the same facilities, and the granting of the one precludes the grant¬
ing of the other, it is necessary to select one of the two, Stephen¬

son and Edge for some years have endeavored to obtain a license
for a broadcasting station and have taken the initiative to obtain
broadcast facilities to serve the vicinity of Jacksonville, Stephen¬
son, Edge and Korsmeyer filed the instant application two months
prior to the application of Walton and Bellatti seeking the same
facilities. With the granting of the application of Stephenson,
Edge and Korsmeyer there will be added to the Jacksonville area
a medium for the dissimination of news and information to the
public which will be independent of and afford a degree of compe¬
tition to other such media in that area. All these circumstances
and acts considered, the Commission concludes that the granting
of the application of Stephenson, Edge and Korsmeyer will better
serve the public interest,”

BROADCAST MEASUREMENTS

During .\pril experts of the FCC measured 702 broad¬
cast stations, leaving 182 not measured

Of the 702 measured 616 showed a maximum deviation
within 0-10 cycles; 62 maximum deviation within 11-25
cycles; 10 maximum deviation within 26-50 cycles. No
stations showed a maximum deviation over 10 cycles
while 14 stations showed a maximum deviation over 50
cycles.

891 STATIONS

The Federal Communications Commission issued oper¬
ating licenses to three stations and granted six permits
for the construction of new stations during the month of
April, 1941. Four operating stations and two CP sta-

tions were

deleted.

A

comparative

table

by months

follows;

>>

r3

O

Aug.

Sept.

Oct.

>

o

Dec.

C

n

.a

r3

Apr.

Operating

. 779

783

791

799

805

810

816

825

831

835

836

83 7

836

Construction , . .

. . , 47

S3

56

58

57

54

52

51

51

46

54

54

55

826

836

847

857

863

864

868

876

882

881

ii

891

891

FEDERAL COMMUNICATIONS
COMMISSION DOCKET

Following broadcast hearings are scheduled to be heard
before the Commission during the week beginning Mon¬
day, May 26. They are subject to change.

Tuesday, May 27

KM.\ — May Broadcasting Company, Shenandoah, Iowa. — Re¬
newal of License, 9.30 kes ; 1 kw night ; 5 kw day ; unlimited
time.

Wednesday, May 28

WRDO — WRDO, Incorporated, .\ugusta Maine. — Renewal of
License, 18T0 kes; 100 w; unlimited time.

FUTURE HEARINGS

During the past week the Commission has announced
the following future hearings in broadcast cases. They
are subject to change.

June 2

Hearing to be held in Pensacola, P'lorida, beginning June 2 and
continued thereafter in Panama City, Florida and Ocala, Florida,
as follows:

May 23, 1941 — 459

Pensacola, Florida, in Court Room, County Court Building.

Panama City, Florida, in Court Room, County Court Flouse.

Ocala, Florida in U. S. Court Room, 2nd Floor, U. S. Post Office

Bldg.

VVTMC — Ocala Broadcasting Company, Inc., Ocala, Fla. — In the
matter of revocation of license of station.

WDLP — Panama City Broadcasting Company, Panama City, Fla.
— In the matter of revocation of license of station.

June 25

KDRO — Albert S. and Robert A. Drohlich, d/b as Drohlich Bros.,
Sedalia, Missouri. — C. P., 800 k«‘s (under NARBA) 1 kw
day ; daytime.

Consolidated Hearing

VVCAM — City of Camden, Camden, New Jersey. — Renewal of
license, 1280 kcs; 500 w night; 500 w LS; shares WTNJ
and WCAP.

WCAP — Radio Industries Broadcast Co., Asbury Park, New
Jersey. — Renewal of license, 1280 kcs; 500 w night; 500 w
LS; shares WTNJ and WC.AM.

WTNJ — WO.AX, Incorporated, Trenton, New Jersey. — Renewal of
license, 1280 kcs; 500 w night; 500 w LS; shares WCAM
and WCAP.

WTNJ — WOAX, Incorporated, Trenton, New Jersey. — C. P., 1230
kcs; 1 kw night; 1 kw day; unlimited; D.\-day and night.

WD.^S — WDAS Broadcasting Station, Inc., Philadelphia, Pennsyl¬
vania. — C. P., 1260 kcs; 1 kw night; 5 kw day; DA-night;
unlimited.

June 27

NEW — Parkersburg Sentinel Company, Parkersburg, West Vir¬
ginia. — C. P., 1310 kcs; 250 w; unlimited.

FEDERAL COMMUNICATIONS
COMMISSION ACTION

APPLICATIONS GRANTED

KGEI — General Electric Co., Treasure Island, San Francisco,
Calif. — Granted modification of construction permit for
international broadcast station to move transmitter to near
Belmont, Calif.; granted extension of completion date to
July 1, only (BS-MPIB-25) .

WHEB — Granite State Broadcasting Corp. (assignor), WHEB,
Inc. (assignee), Portsmouth, N. H. — Granted consent for
assignment of license from Granite State Broadcasting Corp.,
licensee of Station WHEB, to WHEB, Inc. (assignor), agrees
to sell and assign all of the station property to assignee for
a consideration of .$6,000; in addition assignee will pay
the controlling shareholder of the assignor (H. J. Wilson),
,$6,000 for surrendering his stock (80% of the common
voting stock) for cancellation, and $6,400 representing ad¬
vances to the assignor for which he holds promissory notes.)

WBLJ — H. C. & T. W. Kenemer, d/b as Kenemer Bros, (trans¬
ferees) , J. B. Roach (transferor), Dalton, Ga. — Granted con¬
sent to transfer control of corporation, Dalton Broadcasting
Corp., licensee of broadcast station WBLJ, from J. B.
Roach to H. C. and T. W. Kenemer, a partnership doing
business as Kenemer Bros. (59% of issued and outstanding
capital stock for a cash consideration of $10,000) ; station
operates on 1230 kc; 250 watts; unlimited time (B3-TC-
261).

WJBK — James F'. Hopkins (transferor), Richard ,A. Connell and
Henrietta Connell (transferees), Detroit, Mich. — Granted
consent to acquisition of control by Richard A. Connell
and Henrietta Connell (wife) of James F. Hopkins, Inc.,
licensee of Station WJBK (S-l/3% of common stock, par
value $10 per share, 5-5/9% of common stock, no par value,
and 5.53% of prefererd stock, par value $10 per share; total
consideration paid was $5,173) station operates on 1490 kc ;
250 watts night and day; unlimited time (B2-TC-259),

WDEL — WDEL, Inc., Wilmington, Dela. — Granted modification
of construction permit for approval of directional antenna

460 — May 23, 1941

for day and night use and transmitter site at 1.6 miles
northeast of city of Wilmington, Dela., on Northeast Boule¬
vard; granted subject to engineering conditions; present
assignment (under construction permit) 1150 kc, 5 KW
night and day; directional antenna night and day (Bl-
MP-1158).

KFIZ — Reporter Printing Company, Fond du Lac, Wise. — Granted
construction permit to install new transmitter and antenna
and increase power from 100 watts night and day to 250
watts night and day; 1450 kc ; unlimited time (B4-P-2986).

WNBI — National Broadcasting Co., Inc., Bound Brook, N. J.,
(international broadcast station). — Granted modification of
construction permit to add frequencies 11890, 15150 kc,
make changes in equipment, and extend commencement
date to immediately and completion date to 30 days after
grant (Bl-MPIB-24) .

W47P — Walker & Downing Radio Corp., Pittsburgh, Pa. — Ordered
issuance of construction permit for new FM station with¬
out prejudice to determination of hearing under Order
No. 79.

American Broadcasting Corp., of Kentucky, Lexington, Ky. —
Granted construction permit for new high frequency (FM)
broadcast station to operate on 45100 kc; area 6,298 square
miles (B2-PH-34).

Paducah Broadcasting Co., Inc., Henderson, Ky. — Granted con¬
struction permit for new standard broadcast station to oper¬
ate on 860 kc, 250 watts daytime only; exact site to be
determined with Commission’s approval (B2-P-3149).

WKY — WKY Radiophone Company, Oklahoma City, Okla. —
Granted construction permit for approval of transmitter site
approximately 6 miles north of center of Oklahoma City,
Okla. and 1-1/4 mile east of Britton, Okla., and directional
antenna for night use; granted subject to engineering con¬
ditions with respect to interference ; station operates on 939
kc, 1 KW night, 5 KW day, unlimited time (B3-P-3114).

DESIGNATED FOR HEARING

MSB Broadcast Co., Omaha, Neb. — Reconsidered Commission
action of June 25, 1940, granting the application of MSB
Broadcast Co. for construction permit for new station, and
designated said application for hearing ; designated for hear¬
ing the application of MSB Broadcast Co. for modifica¬
tion of said permit designating transmitter and antenna
site; designated for hearing the application for consent
to transfer control of MSB Broadcast Co. from C. J.
Malmsten, John K. Morrison and Arthur Baldwin to Ross
C., William W. and Blaine V. Glassman; hearings on these
matters to be consolidated (B4-P-2697, B4-MP-1026,

B4-TC-248).

KFXM — J. C. Lee & E. W. Lee (Lee Bros. Broadcasting Co), San
Bernardino, Calif. — Application for construction permit to
change frequency from 1240 to 1420 kc., increase power
from 250 watts night and day to 1 KW night and day;
increase hours of operation from shares with KPPC to
unlimited, make changes in transmitter and make changes
in vertical antenna (BS-P-3008).

Edward Tom O’Brien, David Shepard, Howard S. Johnson, &
John W. Boler, d b as Brainerd-Bemidji Broadcasting Co.,
Brainerd, Minn. — Application for construction permit for
new standard broadcast station to operate on 1550 Ice.,
1 KW, unlimited time; exact transmitter and studio sites
to be determined by Commission’s approval (B4-P-2928).

Orange Broadcasting Corp., Orange, Tex. — Application for con¬
struction permit for new standard broaricast station to
operate on 1600 kc., 1 KW, unlimited time (B3-P-3042).

The Gazette Company, Cedar Rapids, Iowa. — Application for con¬
struction permit for new standard broadcast station to
operate on 1600 kc., 5 KW night and day, using directional
antenna for night use and nondirectional daytime (B4-P-
2283). Above three applications to be heard at same time.

Homer Rodeheaver, Winona Lake, Ind. — Application for construc¬
tion permit for new standard broadcast station to operate
on 1480 kc., 1 KW, daytime only (B4-P-3104).

MISCELLANEOUS

WBRC — Birmingham Broadcasting Co., Inc., Birmingham, Ala. —
Granted modification of construction permit (B3-P-2952,
which authorized increase in power and installation of direc¬
tional antenna for night use) for changes in directional
antenna on 960 kc. under NARBA (B3-MP-1292) .

WMRF — Lewistown Broadcasting Co., Lewistovvn, Pa. — Granted
modification of construction permit (B2-P-2977 authorizing
a new station) for installation of new transmitter, changes
in antenna system, move of studio from Lewistown Heights,
to 50 Market St., Lewistown, Pa., and extension of com¬
pletion date to 180 days after grant ( B2-MP-1276) .

WTSP — Pinellas Broadcasting Co., St. Petersburg, Pa. — Granted
modification of construction permit (B3-P-2933), which
authorized installation of new transmitter, changes in an¬
tenna, change frequency and increase power to change
type of transmitter and extend commencement date to 30
days after grant and completion date to 90 days thereafter,
and requesting 138(( kf. under NARBA (B3-MP-1213).

WWNY — The Brockw'ay Company, Watertown, N. Y. — Granted
license to cover construction permit (B1 -P-937) for new
station. (Bl-L-1388). Also granted authority to determine
operating power by direct measurement of antenna input
(Bl-Z-829).

WCSH — Congress Square Hotel Co., Portland, Me. — Granted
license to cover construction permit (Bl-P-2535, which au¬
thorized increase in power to 5 KW, and installation of
directional antenna; f)T0 kc. under NARBA). {Bl-L-1372 ).
Also granted authority to determine operating power by
direct measurement of antenna pow'er.

WCOV — Capitol Broadcasting Co., Inc., Montgomery, Ala. —
Granted modification of construction permit for change in
frequency from 1310 to 1340 kc.

WDWS — Champaign New's-Gazette, Inc., Champaign, Ill. — Granted
special temporary authority to rebroadcast a IS -minute
program, plane to ground, on May 8, 1941, in conjunction
with the Air Corps Recruiting campaign only.

KRKO — The Everett Broadcasting Co., Inc., Everett, Wash. —
Granted modification of construction permit to change fre¬
quency from 1310 to 1400 kc.

WMBD — Peoria Broadcasting Co., Peoria, Ill. — Granted special
temporary authority to rebroadcast programs originating
in U. S. Navy plane from 4:30 to 4:45 p. m., CST, May
8, 1941, only.

W71NY — Bamberger Broadcasting Service. Inc., New York City. —
Granted extension of special temporary authority to operate
frequency modulation station commercially' on 41100 kc.,
pow'er 1,000 watts, special emission for frequency modula¬
tion at 444 Madison Ave., New' York City, using Western
Electric Co. 503-Al transmitter, 1,000 watt driver for No.
504-Al transmitter, for the period May 18 to not later
than July 16, 1941 ,

W51C — Zenith Radio Corp., Chicago, Ill. — Granted extension of
special temporary authority to operate frequency modulation
station commercially on 45.1 me., w'ith 5,000 watts power,
special emission for frequency modulation w'ith transmitter
located at 135 South LaSalle St., Chicago, Ill., for a period
beginning May 18 to not later than July 16, 1941.

WSUI — State University of low'a, Iowa City, Iowa. — Granted spe¬
cial temporary authority to operate a minimum of eight
and one-half hours daily for the period May 19, 1941, to
not later than June 7, 1941, in order to observe the Uni¬
versity examination and vacation period.

W47A — Capitol Broadcasting Co., Inc.. Schenectady, N. Y. —
Granted special temporary authoritv to rebroadcast fre¬
quency modulation programs from WlXOJ and WlXPW, to
supplement W47A original programs, for a period not to
exceed 30 days, beginning June 1, 1941. provided station
authorized to conduct program tests.

K45LA — Don Lee Broadcasting System, Los Angeles. Calif.-
Granted special temporary authority to operate frequency
modulation station commercially on 44500 ke., 1.000 w'atts.
special emission for frequency modulation, with transmitter
located on top of Mt. Lee, Los Angeles, Calif., and de¬
scribed as Western Electric type 5030.^-1, maximum rated
power 1,000 watts and using a 4-bay turnstile antenna,
for a period not to exceed 60 days, pending completion of

_ construction pursuant to construction permit.

KGMB — Hawaiian Broadcasting System, Ltd.. Honolulu, T. H —
Granted special temporary authority to rebroadcast pro¬
grams of .'Krmy Planes KY3, K57 and L3S on May 20, 1941,
in connection wdth Honolulu blackout exercises only.

KFUO — Evangelical Lutheran Synod of Mo., etc., Clayton, Mo. —
Granted authority to determine operating power by direct
measurement of antenna pow'er on 850 kc. under NARB.‘\
(B4-Z-759).

KARM — K.^RM, The George Harm Station, Fresno. Cal —
Granted authority to determine operating power by direct

measurement of antenna pow'er on 1340 kc. under NARBA
(B5-Z-794).

WIZE — Radio Voice of Springfield, Springfield, Ohio. — Granted
authority to determine operating power by direct measure¬
ment of antenna power on 1340 kc under NARBA
{B2-Z-772).

KWOS — Tribune Printing Co., Jefferson City, Mo. — Granted
authority to determine operating power by direct measure¬
ment of antenna power on 1340 kc. under NARBA
(B4-Z-796).

WEAK — Lake Region Broadcasting Co., Lakeland, Fla. — Granted
authority to determine operating power by direct meas¬
urement of antenna pow'er on 1340 kc. under NARBA
(Bz-Z-801).

KTMS — News-Press Publishing Co., Santa Barbara, Cal. — Granted
authority to determine operating power by direct meas¬
urement of antenna power on 1350 kc. under NARBA
(B5-Z-786).

KYCA — Southwest Broadcasting Co., Prescott, Ariz. — Granted
authority to determine operating power by direct meas¬
urement of antenna power on llilO kc. under NARBA
(B5-Z-802).

KPHO — M. C. Reese, Phoenix, Ariz. — Granted authority to de¬
termine operating power by direct measurement of antenna
pow'er on 1330 kc. under NARBA (B5-Z-766).

KDNT — Harw'ell Y. Shepard, Denton, Texas. — Granted authority
to determine operating pow'er bv direct measurement

(B3-Z-853).

KGGF — Hugh J. Pow'cll. Coffeyville, Kans. — Granted authority
to determine operating power bv direct measurement

(B4-Z-804).

WBHP — Wilton Harvey Pollard, Huntsville, Ala. — Granted au¬
thority to determine operating power by direct measure¬
ment (B3-Z-855),

KGLU — Gila Broadcasting Co., Safford, Ariz. — Granted authority
to determine operating power by direct measurement of
antenna power (B5-Z-765).

KGKB — East Texas Broadcasting Co.. Tyler, Texas. — Granted
authority to determine operating pow'er by direct measure¬
ment of antenna power (B2-Z-816).

K\'SO — The .\rdmoreite Pub. Co., Inc., Ardmore, Okla. — Granted
authority to determine operating pow'er by direct measure¬
ment of antenna power (B3-Z-846).

KFXJ — Western Slope Broadcasting Co., Grand Junction, Colo. —
Granted authority to determine operating power by direct
measurement of antenna power (B5-Z-825).

WJ.4C — WJAC, Inc., Johnstown, Pa. — Granted authority to de¬
termine operating power by direct measurement of antenna
pow’er (B2-Z-832).

WC.4Z — Superior Broadcasting Service, Inc., Carthage, III. —
Granted authority to determine operating power by direct
measurement of antenna power (B4-Z-668).

WEB — Univ. of Minnesota, Minneapolis, Minn. — Granted authority
to determine operating power by direct measurement of
antenna power (B4-Z-819).

KUJ — KUJ, Inc., Walla Walla, Wash. — Granted authority to de¬
termine operating pow'er by direct measurement of antenna
power (B5-Z-830).

KGKY — Hilliard Co., Scottsbluff. Neb. — Granted authority to
determine operating pow'er by direct measurement of an¬
tenna power (B4-Z-827).

KIUL — Garden City Broadcasting Co.. Garden City, Kans. —
Granted authority to determine operating pow’er by direct
measurement of antenna power (B4-Z-817).

KHJ — Don Lee Broadcasting System, Los Angeles, Cal. — Granted
authority to determine operating pow'er by direct measure¬
ment of antenna pow’er (B5-Z-824).

KGNO — The Dodge City Broadcasting Co., Inc., Dodge City,
Kans. — Granted authority to determine operating power
by direct measurement of antenna power (B4-Z-821).

KIDO — Boise Broadcast Station, Boise. Idaho. — Granted authority
to determine operating power by direct measurement of
antenna pow'er (B5-Z-807).

KFI — Earle C. Anthony, Inc., Los Angeles, Cal. — Granted au¬
thority to determine operating power by direct measure¬
ment of antenna power (B3-Z-599).

WMAZ — Southeastern Broadcasting Co.. Inc,. Macon, Ga. —
Granted authority to determine operating power by direct
measurement of antenna pow'er {B3-Z-83S).

K0.4M — The Pittsburg Broadcasting Co., Inc., Pittsburg, Kans. —
Granted authority to determine operating power by direct
measurement of antenna power (B4-Z-838).

May 23, 1941 — 461

KWAT — Midland National Life Ins. Co., Watertown, So. Dak. —
Granted authority to determine operating power by direct
measurement of antenna power (B4-Z-826).

KPHO — M. C. Reese, Phoenix, Ariz. — Granted license to cover
construction permit (BS-P-3092, which authorized installa¬
tion of new transmitter.) (B5-L-13S3).

WHN — Marcus Loew Booking Agency, New York City. — Granted
modification of construction permit (Bl-P-2899, for new
transmitter, directional antenna day and night use, change
in frequency to lOfitf Uo., increase in power to SO KW and
move of transmitter) for authority to install new trans¬
mitter, and make changes in antenna (Bl-MP-1289) .

KORN — Nebraska Broadcasting Corp., Fremont, Neb. — Granted
modification of license to move studio from 6th and Broad
Streets, Pathfinder Hotel, to present transmitter location
at East 16th St., Fremont, Neb. (B4-ML-1063) .

W49D — John Lord Booth, Detroit, Mich. — Granted special tem¬
porary authority to operate on RCA, 1 KW, transmitter
on 44900 ke., and a temporary simple turnstile antenna hav¬
ing power ratio of .7 with the 1 KW transmitter for a
period not to exceed 60 days, pending completion of con¬
struction in accordance with the construction permit.

Jewel Lee Noble, E. Francis Egleston, M.D., and James W. Bonner,
d/b as Physicians and Surgeons Emergency Radio Call
Service, San Francisco, Calif. — Granted motion for continu¬
ance of hearing on application for construction permit for
new Class 2 experimental station to operate on 2l'i98 kc.,
100 watts, A3 emission, unlimited time, from Mav 12 to
August 18, 1941 (TS-PE-4022).

KRBC — Reporter Broadcasting Co., Abilene, Tex. — Granted peti¬
tion for leave to amend application to specify 1470 kc;
directed that it be removed from hearing docket and hear¬
ing cancelled (B3-P-2S53).

KMA — May Broadcasting Co., Shenandoah, Iowa. — Granted mo¬
tion for continuance of hearing on application for renewal
of license from May 16 to May 27, 1941 (B4-R-S31).

WGN — WGN, Inc., Chicago, Ill. — Referred to Commission for
consideration petition to intervene and to enlarge issues,
filed by WGN, Inc., Chicago, Ilk, in re hearing on applica¬
tion of Minnesota Broadcasting Corp. (WTCN), Minne¬
apolis, Minn., for construction permit to change from 1359
kc, 1 KW night, S KW LS, unlimited time, to 719 kc, 10
KW, unlimited time, directional antenna night (B4-P-2439).

WGN — WGN, Inc., Chicago, Ill. — Referred to Commission for
consideration petition to intervene and to enlarge issues,
filed by WGN, Inc., Chicago, Ilk, in re hearing on applica¬
tion of WHB Broadcasting Co. (WHB), Kansas City, Mo.,
for construction permit to change from 869 kc, 1 KW day¬
time, to 719 kc, S KW, unlimited time, directional antenna
day and night (B4-P-2873).

KWLC — Luther College, Decorah, Iowa. — Granted modification
of construction permit (B4-P-3003), which authorized
change of frequency, increase in power, changes in hours
of operation, installation of new transmitter and move) for
1249 kc. under NARBA, and extension of commencement
date to 30 days after grant and completion date to 30 days
thereafter ( B4-MP-12S7) .

WEAR — Ohio Valley Broadcasting Corp., Parkersburg, W. Va. —
Granted modification of construction permit (B2-P-2700
for new transmitter and increase in power from 100 to 2S0
watts) for new antenna, new transmitter, move of trans¬
mitter to North Parkersburg-Wheeling Highway, and re¬
questing 1459 kc. under NARBA; extension of commence¬
ment date to 30 days after grant and completion date to
180 days thereafter ( B2-MP-1211 ) .

WBAL — WB.\L Broadcasting Co., Baltimore, Md. — Granted modi¬
fication of construction permit (Bl-P-2200, which author-
orized installation of new transmitter and directional an¬
tenna for night use, change in hours of operafion, increase
in power and move of transmitter) for changes in directional
antenna on 1999 kc. under NARBA, and extension of com¬
pletion date to 180 days after grant (B1-MP-12SS) .

WDSU — WDSU, Inc., New Orleans, La. — Granted modification of
construction permit (B3-P-2923, which authorized installa¬
tion of new transmitter, move of transmitter, increase in
power, and installation of directional antenna for da\' and
night use) for changes in directional antenna on 1289 kc.
under NARBA ( B3-MP-1271 ) .

WEO.\ — Evansville on the .Air. Inc.. Evansville. Ind. — Granted
license to cover construction permit (B4-P-3079) which
authorized move of transmitter (B4-L-1351).

462 — May 23, 1941

WAIM — Wilton E. Hall, Anderson, S. C. — Granted license to cover
construction permit (B3-P-293S, for installation of new
transmitter and antenna, and increase in power (B-3-L-
1381).

KLS — Warner Brothers, Oakland, Calif. — Granted license to cover
construction permit (B5-P-2826), which authorized increase
in power, installation of new transmitter, and changes in
antenna; 1819 kc. 1 KW, unlimited time (BS-L-1379).
.41so granted authority to determine operating power by
direct measurement of antenna power (B5-Z-810).

WCLS — WCLS, Inc., Joliet, Ill. — Granted license to cover construc¬
tion permit (B4-MP-824), which authorized changes in
equipment, increase in power, and 1849 kc. under NARBA
(B4-L-1373).

WFIB — WHB Broadcasting Co., Kansas City, Mo. — Granted con¬
struction permit to install a new transmitter (B4-P-3160).

KHMO — The Courier-Post Publishing Co., Hannibal, Mo. — •
Granted modification of construction permit (B4-P-1011,
which authorized a new station) for approval of trans¬
mitter site, studio site and antenna. 1849 kc. under
N.^RBA; 250 watts, unlimited time ( B4-MP-12S6) .

Minn. Broadcastine Co., Minneapolis, Minn.; WHB Broadcasting
Co., Kansas City, Mo, — The Commission on its own mo¬
tion, continued the hearing now scheduled for May 19 on
these applications, until June 2, 1941.

KFBI — The Farmers and Bankers Broadcasting Corp., Wichita,
Kans. — Granted modification of construction permit (B4-
MP-896, which authorized decrease in power, change in
hours of operation, and installation of directional antenna
for night use) for changes in directional antenna on 1979 kc.
under NARBA (B4-MP-1286) . Also granted authority to
determine operating power by direct measurement of an¬
tenna power (B4-Z-860). ,\lso granted license to cover
construction permit (B4-MP-896 as modified) for decrease
in power, change in hours of operafion, and installation of
direcfional antenna for night use; 1979 kc.; 1 KW night,
5 KW LS, unlimited time, DA at night (B4-L-1393).

W2XWV — Allen B. DuMont Labs., Inc., New York City. — Granted
license to cover construction permit for new television sta¬
tion; frequencies 78999-84999 kc. ; 1 KW power aural
and visual. The license is granted upon an experimental
basis conditionally (B1-LVB-2S).

W7-XGT — Midnight Sun Broadcasting Co., Fairbanks, Alaska.' —
Granted special temporary authority to operate a 40-watt
Lear aircraft transmitter Type UT-6, on 12862.5 kc. for a
IS-minute test period on May 6, 1941, in connection with
broadcast to be made from Pacific Alaska Airways plane in
inaugural stratosphere flight between Seattle and Fairbanks
over Radio Station KF.AR.

KVAN — Vancouver Radio Corp., Vancouver, Wash. — Denied re¬
quest for special temporary authority to operate specified
limited evening hours from 8:30 p. m. to 10 p. m., PST,
on May 2, 9, 16, 23 and 30, 1941, in order to broadcast
a series of weekly wrestling matches from Vancouver Bar¬
racks only.

K.AWM — A. W. Mills, Gallup, N, M. — Granted extension of special
temporary authority to remain silent for the period ending
in no event later than May 30, 1941, pending action on
application to install new equipment.

WTBO — Associated Broadcasting Corp., Cumberland, Md.- —
Granted special temporary authority to operate from 8:15
p. m., EST, to conclusion of Americanization Program
only on May 6, 1941.

WSBT — The South Bend Tribune, South Bend, Ind. — Granted
extension of special temporary authority to operate un¬
limited time on 969 ke., 250 watts night, 500 watts daytime
on commercial basis for the period May 9, 1941, pending
completion of tests and survey now being commenced, filing
of report to cover same, and application for license to cover
construction, and issuance of program test authority by the
Commission but not to exceed 30 days.

W2XMN — Edwin H. .Armstrong, Alpine, N. J. — Granted extension
of special temporary authority to operate an additional
transmitter located at .Mpine, N. J., on 48 me. with a power
not to exceed 40 KW using frequency modulation for a
period of 30 days beginning May 11, 1941 and ending not
later than June 9, 1941, in order to conduct further experi¬
ments on adjacent channel operation of high frequency
broadcast stations and to demonstrate such o[)eration to
certain engineering committees of the Radio. Mfg. Assn.

WJLB — John L. Booth Broadcasting, Inc., Detroit, Mich.^ —
Granted special temporary authority to rebroadcast program

from Navy plane, as part of show in connection with Naval
Aviation Week, Grosse He Naval Reserve Airport, from
11:30 a. m. to 12:30 p. m. on May 10, 1941, only.

WWJ — The Evening News Assn., Detroit, Mich. — Granted special
temporary authority to rebroadcast program from SNJ
Navy plane 2017 on May 10 or 11, 1941, only.

WTAM — National Broadcasting Co Inc., Cleveland, Ohio. —
Granted special temporary authority to rebroadcast pro¬
gram originating in U. S. Navy plane flying in vicinity
of U. S. .Aviation Base, Grosse He, Detroit, between 2 and
2:30 p. m., EST, May 10, 1941, only.

WOSU — Ohio State University, Columbus, Ohio. — Granted special
temporary authority to transcribe 2 fifteen-minute programs
to be sent to and broadcast by Government Broadcasting
stations TGW.A, TGWB, TGWC, Guatemala, Central
America.

W4SB — The Yankee Network, Inc., Boston, Mass. — Granted spe¬
cial temporary authority to rebroadcast frequency modula¬
tion programs of Station WlKPW for a period ending not
later than June 30, 1941.

W39B — The Yankee Network, Inc., Boston, Mass. — Granted exten¬
sion of special temporary authority to operate frequency
modulation station commercially on 439(1(1 kc.,, 1,000 watts,
special emission for frequency modulation, using the trans¬
mitter of high frequency experimental station WlXER at
Summit of Mount Washington, Sargents Purchase, N. H.,
for a period beginning May 18, 1941 to not later than
June 16, 1941, pending completion of construction (Permit
No. Bl-PH-13).

WBP.A — The National Life & .Accident Insurance Co., Inc., Nash¬
ville, Tenn. — Granted special temporary authority to use
an experimental 20-watt FM transmitter on 15 ufiO, 158411(1,
15!I8(1(1, lolKl!) k(‘., in order to relay program from Dedica¬
tion Race, Iriquois Track near Nashville May 10, 1941.

W39B — The Yankee Network, Inc., Boston, Mass. — Granted ex¬
tension of special temporary authority to rebroadcast pro¬
grams of high frequency station WlOXOJ for the period
May 18 to not later than June 16, 1941.

Natchez Radio Corp., Natchez, Miss. — Denied petition of Natchez
Radio Corp., requesting (1) reconsideration and grant with¬
out hearing application of Natchez Radio Corp. for con¬
struction permit for new station and (2) reconsideration
and designate for hearing the application of Natchez Broad¬
casting Co. for construction permit for new station.

Metropolis Company, Ocala, Fla.; Bay County Publishers, Inc.,
Panama City, Fla. — Denied motions for immediate specifi¬
cation of issues, fixing date and place of hearing, and for
other relief. (Dockets Nos. 6092 and 6093.)

KMLB — Liner’s Broadcasting Station, Inc., Monroe, La. — Denied
petition for reconsideration and grant without hearing ap¬
plication for construction permit to change transmitter and
site, change frequency from 120(1 kc. to 1410 kc., increase
power from 250 watts to 1 KW, install directional antenna
for night use.

Head of the Lakes Broadcasting Co., Duluth, Minn. — Placed in
pending files pursuant to Order No. 79, application for con¬
struction permit for new FM station to operate on 4450(1
Itc., with coverage of 2,754 square miles (B4-PH-74).

Contra Costa Broadcasting Co., Richmond, Calif. — Placed in pend¬
ing file pursuant to Order No. 79, application for construc¬
tion permit for new standard broadcast station to operate
on 121(1 kc., 500 watts dav and night, limited to WCAU
(B5-P-2964).

KTHS — Hot Springs Chamber of Commerce, Hot Springs Nat’l
Park, Ark. — Granted special temporary authority to operate
from 7 to 7:30 p. m., CST, May 29, in order to broadcast
program of First Annual Report to Nation of the National
Defense Program only (B3-S-426).

WCAT — So. Dak. State School of Mines, Rapid City, S. Dak. —
Granted special temporary authority to remain silent from
June 1 to September 15, in order to observe summer vaca¬
tion (B4-S-649).

W47.A — The Capitol Broadcasting Co., Inc., Schenectady, N. Y. —
Granted special temporary authorization to operate with
main studio at the transmitter of FM broadcast station
W47M for a period of 30 days from June 1, pending com¬
pletion of STL transmitter at main studio specified in con¬
struction permit.

KTHS — Hot Springs Chamber of Commerce, Hot Springs Nat’l
Park, Ark. — Granted authority to determine operating
power by direct measurement (B3-Z-868).

WMAS — WMAS, Inc., Springfield, Mass. — Granted authority to
determine operating power by direct measurement (Bl-Z-
844).

KDLR — KDLR, Inc., Devils Lake, N. Dak. — Granted authority
to determine operating power bv direct measurement (B4-
Z-845).

KOCA — Oil Capitol Broadcasting Assn., Kilgore, Tex. — Granted
authority to determine operating power by direct measure¬
ment (B3-Z-851).

KHBG — Okmulgee Broadcasting Corp., Okmulgee, Okla. — Granted
authority to determine operating power by direct measure¬
ment (B3-Z-861).

KRBA — Red Lands Broadcasting Assn., Lufkin, Texas. — Granted
authority to determine operating power by direct measure¬
ment (B3-Z-857).

WORD — Spartanburg Advertising Co., Spartanburg, S. C. —
Granted authority to determine operating power by direct
measurement (B3-Z-865).

KTBC — State Capitol Broadcasting .Assn., Inc., Austin, Tex. —
Granted authority to determine operating power by direct
measurement (B3-Z-848).

WAAT — Bremer Broadcasting Corp., Jersey City, N. J. — Granted
modification of construction permit (Bl-P-2704, which
authorized new transmitter, change in power and time of
operation, etc.), for extension of completion date to 7-25-41
(Bl-MP-1291).

KWK — Thomas Patrick, Inc., St. Louis, Mo. — Granted authority
to install new automatic frequency control equipment (B4-
F-221).

WBIR — J. W. Birdwell, Knoxville, Tenn. — Granted license to cover
construction permit for new station; 1240 kc., 250 watts,
unlimited time (B3-L-1326). Also granted authority to de¬
termine operating power by direct measurement of antenna
power (B3-Z-662).

KBIZ — J. D. Flavey, Ottumwa, Iowa. — Granted license to cover
construction permit for new station to operate on 1240 kc.,
100 watts, unlimited time (B4-L-1392). Also granted
authority to determine operating power by direct measure¬
ment of antenna power (B4-Z-847).

WNEL — Juan Piza, San Juan, P. R. — Granted license to cover
construction permit (B-P-2762), which authorized changes
in equipment, antenna changes, increase in power to 5
KW, move of transmitter, and specifying 1320 kc. under
NARBA (B-L-1397).

KRLC — H. E. Studebaker, Lewiston, Ida. — Granted license to
cover construction permit (B5-P-3020 which authorized
changes in equipment and to specify 1400 kc. under
NARBA). (B5-L-1395). Also granted authority to deter¬
mine operating power by direct measurement of antenna
power on 1400 kc. under N.ARB.A (BS-Z-864),

WQXR — Interstate Broadcasting Co., Inc., New York City. —
Granted license to reinstate Bl-L-1344 to use old 1 KW
Composite transmitter as auxiliary transmitter for emer¬
gency use only (Bl-L-1391).

KALW — Board of Education of the San Francisco Unified School
Dist., San Francisco, Calif. — Granted modification of con¬
struction permit (B5-PED-14, which authorized a new non¬
commercial educational broadcast station) for extension of
completion date to August 14/41 (B5-MPED-5).

WNBI — National Broadcasting Co., Inc., New York City. —

Granted extension of special temporary authority to operate
International station WNBI on frequency 17780 in order
to permit simultaneous operation of WNBI and WRCA on
frequencies 17780 and 9670 ko., for the period May 16 to
June 14.

WRCA — National Broadcasting Co., Inc., New York City. —

Granted extension of special temporary authority to operate
on 9670 kc. with effective power of 100 KW using separate
power amplifiers feeding separate directional antennas for
the period May 20 to June 19, 1941.

W55M — The Journal Company (The Milwaukee Journal) Mil¬
waukee, Wis. — Granted extension of special temporary au¬
thority to operate frequency modulation station commer¬
cially on 45500 kc., 1 KW, special emission for FM, with
transmitter located at 606 West Wisconsin Ave., Milwaukee,
for the period May 31 to June 29, subject to any rules and
regulations that may be adopted by the Commission.

WRDW — .Augusta Broadcasting Co.. .Augusta. Ga. — Granted mo¬
tion for indefinite continuance of hearing now scheduled
for May 29, on application to change frequency, increase
power and operating time.

May 23, 1941 — 463

Trent Broadcast Corp., Trenton, N. J. — Granted petition for
leave to amend application for new station to request
some other frequency than 12j0 kc., and application re¬
moved from hearing docket.

VVDAS — WDAS Broadcasting Station, Inc., Philadelphia, Pa.- —
Granted motion to continue hearing for a period of 30 days
from May 26 on applications of WCAM, VVC.XP, WTNJ
for renewal of licenses; and application of WD.'^S for change
in frequency, increase in power, etc.

Park Cities Broadcasting Corp., Dallas, Tex. — Referred to the
Commission petition to intervene in the hearing on appli¬
cation of VVHB, Kansas City, Mo., to change frequency,
etc. Also motion for continuance of hearing now scheduled
for May 19.

WKZO — WKZO, Inc., Kalamazoo, Mich. — Granted petition for
leave to amend application to change type of equipment,
in re construction permit to increase power to 5 KW ; ap¬
plication to remain on docket.

God’s Bible School and College, Cincinnati, Ohio. — Granted mo¬
tion in part, without prejudice to filing amended applica¬
tion, for extension of 2 weeks only, in which to file excep¬
tions to Commission’s Proposed Findings.

Helen L. Walton and Walter Bellatti, Jacksonville, Ill. — Denied
petition for indefinite continuance of oral argument now
scheduled for May 22, in re applications of applicants and
Stephenson, Edge & Korsmeyer, for new station in Jackson¬
ville, Ill.

Fairfield Broadcasting Corp., Lancaster, Ohio. — Granted petition
for leave to amend application for construction permit for
new station, to request 88(1 instead of 8;J0 ke., power 1 KW
instead of 250 watts, and to specify another transmitter.
.Application removed from hearing docket.

KOWH — World Publishing Co., Omaha, Neb, — Granted petition
for leave to intervene in the hearing on the application
of KFEQ. St. Joseph, Mo., to increase power to 5 KW.

WTAQ — WHBY, Inc., Green Bay, Wis. — Granted request for dis¬
missal of application for construction permit to make
changes in directional antenna system.

KFAB — KFAB Broadcasting Co., Lincoln, Neb.; WBT — Columbia
Broadcasting System, Inc., Charlotte, N. C. — Granted peti¬
tion of applicants for leave to amend application to specify
new directional antenna, amendment to be filed by May 31,
in re applications of KF.AB to change frequency, etc., and
WBT to install directional antenna for night use.

KGNO — The Dodge City Broadcasting Co., Inc., Dodge City, Kans.
— Granted petition for extension of time for all parties in
which to file Proposed Findings and Conclusions from May
19 to June 9, in re application for modification of license
to increase night power to 500 watts on 1|-!4(1 kc.

KOMA — KOM.A, Inc., Oklahoma City, Okla. — Granted 30-day
extension of time in which to file amendment to application
for construction permit to change frequency from 14!)(l to
fi!M) kc., and increase power to 50 KVV.

Staunton D. Bennett, d/b as Radio Station KF.AR, Fairbanks,
.Alaska. — Granted special temporary authority to operate
a composite 1 KW, Crystal Controlled transmitter on
I28()2.r) kc. in order to relay broadcast program material in
connection with Pacific .Alaska .Airways inaugural stratos¬
phere flight of the plane Lodestar on May 16, 1941, only
subject to condition that there is no interference with other
stations.

KFAS — Midnight Sun Broadcasting Co., Fairbanks, Alaska. —
Granted special temporary authority to operate a 40 watt
Lear aircraft transmitter Tvpe FlT-6 on 2830, 6425, 9135 and
I’.iSfiS.;) kc. for two iS-minute periods on May 16, 1941, in
connection with broadcast to be made from Pacific .Alaska
.Airways plane in inaugural stratosphere flight between
Seattle and Fairbanks over Station KFAR, subject to con¬
dition that no interference results to other stations.

National Broadcasting Co., New York City, N. Y’. — Granted special
temporary authority to rebroadcast over Station KGO and
the Blue Network program material scheduled for trans¬
mission by relay station KFAS from the Pacific .Alaska
.Airways plane Lodestar, on May 16. 1941, only.

National Broadcasting Co., New York City, N. Y. — Granted sjrecial
temporary authority to rebroadcast over Radio Station KPO
and the Red Network program material scheduled for trans¬
mission by special relay broadcast station KFAX from
Fairbanks, .Alaska, on May 16, 1941, only.

W3XMC — McNary and Chambers, Washington, D. C. — Granted
special temporary authority to operate on 42.8 and 43 mega¬
cycles with power not to exceed 100 watts beginning 10

464 — May 23, 1941

days after grant for a period not to exceed 30 days, in order
to permit engineering studies and observations as to pos¬
sible alternate channel or adjacent channel interference.

WNBI — National Broadcasting Co., Inc., Bound Brook, N. J. —
Granted special temporary authority to utilize the presently
authorizecl WRC.A !1670 ke. power amplifier NRASoA
Serial No. 1 for WNBI operation on 1189(1 ke. for a period
of 30 days from May 15, 1941.

National Broadcasting Co., Inc., New York City, — Granted special
temporary authority to rebroadcast over KPO, KGO, and
the combined Red and Blue Networks of associated stand¬
ard broadcast stations program material received over U. S.
Navy radio facilities between 2 and 2:15 p. m. EDST, May
18, 1941 program entitled "Radio and National Defense,’’
only.

KFNF — KFNF, Inc., Shenandoah, Iowa, — Continued hearing on
application for renewal of license, now scheduled for May 26,
1941, to June 16, 1941.

KVAN — Vancouver Radio Corp., Vancouver, Wash. — Denied re¬
quest for special temporary authority to operate specified
hours from 9:15 to 10 p. m., PST, May 15, 1941 (BS-S-
1027).

The Gazette Co., Cedar Rapids, Iowa. — Placed in pending files
pursuant to Order No. 79, the application for construction
permit for new FM station to operate on 44,700 ke. ; 7,400
square miles (B4-PH-77).

W6XCB — Columbia Broadcasting System, Inc., Los Angeles,
Cal. — Made final the conditional grant of November 15,

1940, and authorized issuance of construction permit for
an experimental television station; frequencies 1(52,000-
1(58,000 ke. conditionally; 1000 watts; .A3, A5 emission.

WWRL — Long Island Broadcasting Corp., Woodsidc, L. L, New
York. — Granted request for extension of temporary license
to operate on time previously utilized by station WMBQ,
and extended effective date of Provision (3) of Commis¬
sion order of December 5, 1938, for period of 60 days from
May 22.

KFRC — Don Lee Broadcasting System, San Francisco, Cal. —
Granted request for issuance of a new license without con¬
dition as to providing protection to Canadian station CJAT.

W9XYH — Head of The Lakes Broadcasting Co., Superior, Wise. —
Denied request for special temporary authority to operate
experimental high frequency broadcast station upon a com¬
mercial basis.

W2XQR — John V. L. Hogan, New York City. — Denied request for
special temporary authority to operate experimental high
frequency station upon a commercial basis.

Symens Broadcasting Co.. Eliensburg, Wash. — Denied petition for
reconsideration and grant without hearing application for
construction permit for new station, and the eighth issue
having reference to conflicting application of Mosby’s, Inc.,
specified in hearing notice, deleted.

WPAY — Vee Bee Corporation, Portsmouth, Ohio. — Denied peti¬
tion to reconsider and grant without a hearing the applica¬
tion for renewal of license for station WPAY.

Ralph L. Lewis, Greensboro, N. C. — Denied petition to reconsider
and grant without a hearing, the ajiplication for a new
station at Greensboro, N. C. (Docket No. 6017).

KFI — Earle C. .Anthony, Inc., Los Angeles, Cal., and 10 other
Clear Channel stations. — Dismissed petition for rehearing
directed against the action of the Commission on April 7,

1941, adopting as final the Proposed F’indings of Fact and
Conclusions made and entered by the Commission on
December 4, 1940, in the matter of the application of
WHDH, Matheson Radio Co., Inc., Boston, for a construc¬
tion permit to increase power from 1 to 5 KW and operate
unlimited time on frequency 850 ke.

KO.A — National Broadcasting Co., Denver, Colo. — Denied petition
for rehearing directed against the decision and Order of the
Commission, April 7, 1941, granting the application of
WHDH for construction permit and amending Rule 3.25.

WEEU — Berks Broadcasting Co., Reading, Pa. — Denied petition
for reconsideration and request for modification of order
directed against the grant of the application of WHDH
mentioned above.

W6X.AO — Don Lee Broadcasting System, Hollywood, Calif. —
Granted special temporary authority to rebroadcast trans¬
missions received from Radio Station KHJ over the sound
channel of television station W6X,AO, for a period not to
exceed thirty days, in order to provide a continuous source
of aural test material and as an accompaniment to test
pattern transmissions.

Northwest Airlines, Inc., Washington, D. C. — Granted special tem¬
porary authority to relay broadcast program in connection
with Red Cross from aircraft station KHCSF, NC-21711,
2790 kc. to Radio Station KJR on May 17, 1941, only.

KBPS — Benson Polytechnic School, Portland, Ore. — Granted
special temporary authority to remain silent for the period
beginning 3 a. m. EST, June 6, 1941, and ending not later
than September 2, 1941, in order to observe regular school
vacation.

WBNY — Roy L. Albertson, Buffalo, N. Y. — Granted special tem¬
porary authority to operate from 8:30 to 10 a. m. EST, May
30, 1941, in order to broadcast sustaining musical programs
as described in letter dated May 10, 1941, only (provided
WSVS remains silent).

WDLP — Panama City Broadcasting Co., Panama City, Fla. —
Continued hearing in re revocation of license of Station
WDLP, now scheduled for May 19. 1941, until June 2, 1941.

WTMC — Ocala Broadcasting Co., Inc., Ocala, Fla. — Continued
hearing in re revocation of license of Station WTMC, now
scheduled for May 19, 1941, until June 2, 1941.

APPLICATIONS FILED AT FCC

550 Kilocycles

KOY — Salt River Valley Broadcasting Co., Phoenix, Ariz. — Au¬
thority to determine operating power by direct method.

560 Kilocycles

WIS — The Liberty Life Insurance Co., Columbia, S. C. — Modifi¬
cation of construction permit (B3-P-2870) to make changes
in directional antenna system and increase in power, re¬
questing extension of commencement and completion dates
from 12-15-40 and 6-15-41 to 7-15-41 and 1-15-42, re¬
spectively.

600 Kilocycles

WMT — Iowa Broadcasting Co., Cedar Rapids, Iowa — License to
cover construction permit (B4-P-282S) to increase night
power to 5 KW and make changes in directional antenna
for night use.

WMT — Iowa Broadcasting Co., Cedar Rapids, Iowa. — Authority
to determine operating power by direct method.

640 Kilocycles

WNAD — University of Oklahoma, Norman, Okla. — Modification
of construction permit (B3-P-3074) for approval of an¬
tenna and transmitter site.

680 Kilocycles

NEW — Herman Radner, Dearborn. Mich. — Construction permit
for a new broadcast station to be operated on 680 kc., 1
KW, daytime.

740 Kilocycles

NEW — Peter Q. Nyce, Alexandria, Va. — Construction permit for
a new broadcast station to be operated on 740 kc.. Class
III, 1 KW, limited to local sunset at Houston, Texas.

NEW — Peter Q. Nyce, Alexandria, Va. — Construction permit for
a new Class III broadcast station to be operated on 740 kc.,

1 KW, limited time to local sunset at Houston. Amended:
To request daytime hours of operation.

750 Kilocycles

KMMJ — KMMJ, Inc., Grand Island, Nebr. — Authority to de¬
termine operating power by direct method.

780 Kilocycles

KF.AB — KFAB Broadcasting Co., Lincoln, Nebr. — Authority to
determine operating power by direct method.

790 Kilocycles

KFQD — Anchorage Radio Club, Inc., Anchorage, Alaska.— .Au¬
thority to determine operating power by direct method.

820 Kilocycles

WTBO — Associated Broadcasting Corp., Cumberland, Md. — Au¬
thority to determine operating power by direct method.

850 Kilocycles

WEEV — Berks Broadcasting Co., Reading, Pa. — Authority to de¬
termine operating power by direct method.

910 Kilocycles

KFKA — Midwestern Radio Corp., Greeley, Colo, — .Authority to
determine operating power by direct method.

WCOC — Mississippi Broadcasting Co., Inc., Meridian, Miss. —
Authority to determine operating power by direct method.

920 Kilocycles

WMMN — Monongahela Valley Broadcasting Co., Fairmont, W.
Va. — Modification of construction permit (B2-P-2913) for
changes in directional antenna system and requesting 920
kf. under NARBA. Extension of completion date to 180
days after grant.

KENE — KENE, Incorporated, Shenandoah, Iowa. — Authority to
make changes in automatic frequency control equipment.

930 Kilocycles

KHJ — Don Lee Broadcasting System, Los Angeles, Calif. — Modi¬
fication of construction permit (B5-P-2843) as modified for
installation of new transmitter and extension of commence¬
ment and completion dates from 4-4-41 and 10-1-41 to 60
days after grant and 180 days thereafter, respectively.

WBEN — WBEN, Inc., Buffalo, N. Y. — Modification of construc¬
tion permit (Bl-P-2757) as modified for increase in power,
directional antenna for night use, move transmitter, instal¬
lation of new transmitter, change in frequency to 930 kc.
under NARBA, for extension of completion date from
6-1-41 to 9-1-41.

WJAX — City of Jacksonville, Jacksonville, Ela. — Authority to
determine operating power by direct method,

980 Kilocycles

WRC — National Broadcasting Co., Inc., Washington, D. C. — Modi¬
fication of construction permit (Bl-P-243) as modified, for
increase in power and installation of directional antenna
for night use, requesting extension of completion date from
6-5-41 to 8-5-41.

KMBC — Midland Broadcasting Co., Kansas City, Mo. — Modifi¬
cation of auxiliary license to increase power from 1 KW
night, lYz KW day to lYi KW day and night, using direc¬
tional antenna night.

1030 Kilocycles

KOB — Albuquerque Broadcasting Co., Albuquerque, N. M. — Spe¬
cial service authorization to operate on 1030 kc., 25 KW
night, SO KW day, unlimited time for period of 180 days
(using transmitter authorized under construction permit
(BS-P-2783) as modified).

1120 Kilocycles

KMOX — Columbia Broadcasting System, Inc., St. Louis, Mo. —
Authority to determine operating power by direct method.

1140 Kilocycles

KSOO — Sioux Ealls Broadcast Assn., Inc., Sioux Falls, S. D. — Con¬
struction permit to change frequency from 1140 kc. to
1250 kc., hours from limited to unlimited time, install direc¬
tional antenna for night use, requesting facilities WTCN
when WTCN granted 710 kc.. Class HI-.A. Amended: To
request 1140 kc., 10 KW, unlimited time, new transmitter,
changes in directional antenna system and move transmitter
and to omit request for facilities of WTCN.

1150 Kilocycles

WAPO — W. A. Patterson, Chattanooga, Tenn. — Modification of
construction permit (B3-P-1939) as modified, for installa¬
tion of new transmitter and directional antenna for night
use. change of frequency, and increase in power, requesting
changes in directional antenna for night use on 1150 kc.
under N.ARBA, and extension of commencement and com¬
pletion dates from 3-15-41 and 9-11-41 to 10 days after
grant and 30 days thereafter.

May 23, 1941 — 465

KRSC — Radio Sales Corp., Seattle, Wash. — Authority to deter¬
mine operating power by direct method.

KSWO — Willard Carver and Byrne Ross, Lawton, Okla. — Author¬
ity to determine operating power by direct method.

KSWO — Willard Carver and Byrne Ross., Lawton, Okla. — License
to cover construction permit (B3-P-2664) as modified for
a new station.

1160 Kilocycles

KSL — Radio Service Corp. of Utah, Salt Lake City, Utah. —
.Authority to determine operating power by direct method.

1170 Kilocycles

WAPI — Voice of Alabama, Inc., Birmingham, Ala. — Authority to
determine operating power by direct method.

1190 Kilocycles

WOWO — Westinghouse Radio Stations, Inc., Ft. Wayne, Ind. —
Construction permit to make changes in equipment, install
directional antenna for day and night use, increase power
from 10 to 50 KW and change hours from simultaneous
day, share night with WWVA to unlimited time. Amended:
re directional antenna.

1200 Kilocycles

NEW — The Concord Tribune, Inc., Concord, N. C. — Construction
permit for a new broadcast station to be operated on 1200
ke., Class II, 1 KW, limited time to local sunset at WOAI,
San Antonio, Texas.

1230 Kilocycles

NEW — Beauford ri. Jester, Waco, Tex. — Construction permit for
a new broadcast station to be operated on 1230 kf., Class
IV, 250 watts, unlimited hours.

WF'TC — Jonas Weiland, Kingston, N. C. — Authority to install
automatic frequency control equipment.

KHBC — Hawaiian Broadcasting System, Ltd., Hilo, Hawaii. —
Authority to determine operating power by direct method.

WABI — Community Broadcasting Service, Bangor, Me. — Modi¬
fication of construction permit (Bl-P-2349) for new trans¬
mitter and directional antenna for night use, change fre¬
quency, and increase power requesting approval of trans¬
mitter site and approval of directional antenna for night
use.

WBOC — The Peninsula Broadcasting Co., Salisbury, Md. — Author¬
ity to determine operating power by direct method.

WAIM — Wilton E. Hall, Anderson, S. C. — Authority to deter¬
mine operating power by direct method.

WFJB — Marshall Electric Co., Marshalltown, Iowa. — Authority
to determine operating power by direct method.

WMPC — The Liberty Street Gospel Church of Lapeer, Lapeer,
Mich. — Authority to determine operating power by direct
method.

WJOB — O. E. Richardson and Fred L. Adair, Hammond, Ind, —
Voluntary assignment of license from O. E. Richardson and
Fred L. .^dair to O. E. Richardson, Fred L. Adair and
Robert C. Adair.

NEW — Glens Falls Broadcasting Corp., Glens Falls, N. Y. — Con¬
struction permit for a new broadcast station to be operated
on 1230 kc.. Class IV, 250 watts, unlimited hours.
Amended to give transmitter site.

1240 Kilocycles

KGY — KGY, Inc., Olympia, Wash. — Modification of construc¬
tion permit (B3-P-3071) to move transmitter. Extend
commencement date and completion date from 6-1-41 and
12-1-41 to 30 davs after grant and 180 days thereafter,
respectively.

WHBU — Anderson Broadcasting Corp., .Anderson, Inrl, — Author¬
ity to determine operating power by flirect method.

NEW — Iowa Great Lakes Broadcasting Co., Spencer, Iowa. —
Construction permit for a new broadcast station to be
operated on 124(1 kc., 100 watts, unlimited hours.

WSBC — Gene T. Dyer, Evelyn M. Dyer, John A. Dyer and Eliza¬
beth M. Hinzman, d,'b as Radio Station WSBC, Chicago,
Ill. — .Authority to determine operating power by direct
method.

WSOC — Radio Station VV'SOC, Inc., Charlotte, N. C. — .Authority
to determine o[jerating power by direct method.

466 — May 23, 1941

WSOC — Radio Station WSOC, Inc., Charlotte, N. C. — License to
cover construction permit (B3-P-2893) as modified, to install
new transmitter, new antenna, move studio and transmitter,
increase power specifying 1240 kc. under N.ARB.A.

WL.AG — La Grange Broadcasting Co., LaGrange, Ga. — .Authority
to determine operating power by direct method.

WL.AG — La Grange Broadcasting Co., La Grange, Ga. — License to
cover construction permit (B3-P-2763) as modified for a
new broadcast station.

KROY — Royal Miller, Sacramento, Calif. — .Authority' to determine
operating pow'er by direct method.

KDOW — Monterey Peninsula Broadcasting Co., Monterey, Calif.
— Construction permit to install new transmitter, increase
power from 100 w'atts to 5 KW day and night, change
frequency from 1240 to 1470 kc., move transmitter and
directional antenna for day and night use. Amended to
change frequency from 14T0 to 1500 kc. and to change
from directional antenna for day and night use to non-
directional antenna.

KGBS — Harbenito Broadcasting Co., Harlingen, Tex. — Modifica¬
tion of construction permit (B3-P-2747) for a new station,
requesting authority to install new transmitter, make changes
in antenna system, and extend commencement and comple¬
tion dates from 4-18-41 and 10-18-41 to 60 days after
grant and 180 day's thereafter.

NEW — Western Radio Corp., Pendleton, Ore. — Construction permit
for a new class IV broadcast station to be operated on 1240
kc., 250 watts and unlimited hours.

1280 Kilocycles

WNEW — Wodaam Corporation, 501 Madison Ave., New York,
N. Y. — License to cover construction permit (Bl-P-2687)
as modified to install directional antenna for day and
night use, increase power to 5 KW day and night, change
frequency to 1280 kc. under NARBA.

WNEW — Wodaam Corp., New York, N. Y. — .Authority to deter¬
mine operating power by direct method.

WKST — WKST, Inc., New Castle, Pa. — Modification of construc¬
tion permit (B2-P-2809) as modified to install directional
antenna for night use, change hours of operation from day¬
time to unlimited time, using 1 KW day and night and
for 1280 kc. under N.ARB.A, requesting extension of com¬
pletion date from 6-1-41 to 7-1-41.

1310 Kilocycles

WC.AP — Radio Industries Broadcast Co., .Asbury Park, N. J. —
Modification of license to change hours of operation from
shares with WTNJ and WC.AM to shares with WCAM
(Facilities of WTNJ).

WC.AM — City of Camden, Camden, N. J. — Modification of li¬
cense to change hours of operation from shares with WTNJ
and WC.AP to shares with WC.AP (Facilities of WTNJ).

1330 Kilocycles

WEVD — Debs Memorial Radio Fund, Inc., New York City, N. Y.
— Modification of construction permit (B1-P-295S) to install
directional antenna for flay and night use, increase power
and install new transmitter, move transmitter, for change
in frequency to 133(1 kc. under NARB.A, make changes in
directional antenna, extend commencement and completion
dates from 4-18-41 and 10-18-41 to 60 days after grant
and 180 days thereafter, respectively.

KF.AC — Los .Angeles Broadcasting Co., Inc., Los Angeles, Calif. —
.Authority to determine operating power by direct method.

1340 Kilocycles

KHUB — John P. Scripps, nr. Watsonville, Calif. — Voluntary
assignment of license from John P. Scripps to Luther E.
Gibson.

WEMP — Milwaukee Broadcasting Co., Milwaukee, Wise. — Au¬
thority to determine operating power by direct method.

NEW — William C. Hess, Fargo, N. D. — Construction permit for
a new broadcast station to be operated on 134(1 kc., 250
watts. Class IV, limited time (12 midnight to 7 a. m. and
share with KVOX. Amended: to request authority to share
time with KVOX (Facilities KVOX, midnight to 7 a. m,
daily ) .

WT.AL- Florida Capitol Broaflcasters, Inc., Tallahassee, Fla. —
Construction permit to make changes in transmitting equip¬
ment.

NEW — George Johnston, Jr., Birmingham, Ala. — Construction
permit for a new broadcast station to be operated on 1340
kc., 250 watts, unlimited time.

WGTM — WGTM, Inc., Wilson, N. C. — Construction permit to
move transmitter from appro.ximately 2 miles from business
district, Wilson N. C. to U. S. Hwy. 301, 1.3 miles N. of
Courthouse, Wilson, and move studio to same site.

ROME — Oil Capital Sales Corp., Tulsa, Okla. — Authority to deter¬
mine operating power by direct method.

KARM — Gilbert H. Jertberg, exe. of Estate of George Harm,
Deceased, Fresno, Calif. — Construction permit to install new
transmitter, change frequency from 1340 to 1430 kf., in¬
crease power from 250 watts to 1 KW. Amended: to
change name of applicant to KARM, The George Harm
Station, increase power to 5 KW, change requested type
of transmitter, install directional antenna for day and
night use and move transmitter.

WRAW — Reading Broadcasting Co., Reading, Pa. — .Authority to
determine operating power by direct method.

K.AND — Navarro Broadcasting Assn., J. C. West, Pres., Corsi-
canna, Texas. — License to cover construction permit (B3-P-
3121) for equipment changes and increase in power.

KVOL — Evangeline Broadcasting Co., Inc., Lafayette, La. — .Au¬
thority to determine operating power by direct measure¬
ment.

1350 Kilocycles

KRNT — Iowa Broadcasting Co., Des Moines, low'a. — Modifica¬
tion of construction permit (B4-P-2726) as modified, for
move of transmitter, installation of directional antenna for
night use and new transmitter and increase in power, re¬
questing changes in directional antenna for night use on
1350 kc. under N.ARB.A and extension of completion date
from 6-22-41 to 120 days after grant.

1360 Kilocycles

KRIS — Gulf Coast Broadcasting Co., Corpus Christi, Texas. —
License to cover construction permit (B3-P-2230) as modi¬
fied, for new transmitter, increase in power move trans¬
mitter and changes in antenna.

KGB — Don Lee Broadcasting System, San Diego, Calif. — License
to cover construction permit (B5-P-2940) as modified for
changes in transmitting equipment and to specify 1360
kc. under NARB.A.

1370 Kilocycles

KDTH — Telegraph-Herald, Dubuque, Iowa. — License to cover
construction permit (B4-P-960) as modified for a new
broadcast station.

KDTH — Telegraph-Herald, Dubuque, Iowa. — .Authority to de¬
termine operating power by direct method.

1380 Kilocycles

WBNX — WBNX Broadcasting Co., Inc., New York, N. Y. —
Authority to determine operating power by direct method.

WBNX — WBNX Broadcasting Co., Inc., New' York, N. A^. —
License to cover construction permit (Bl-P-3105) to make
changes in directional antenna.

KTSM — Tri-State Broadcasting Co., Inc., El Paso, Texas. — .Au¬
thority to determine operating pow'er by direct method.

1390 Kilocycles

WTJS — The Sun Publishing Co., Inc., Jackson, Tenn. — Authority
to determine operating power by direct measurement.

1400 Kilocycles

KF\'S — Oscar C. Hirsch. tr. as Hirsch Battery & Radio Co., Cape
Girardeau, Mo. — .Authority to determine operating power
by direct method.

KWLK — Twin City Broadcasting Corp., Inc., Longview, Wash. —
.Authority to transfer of control of corporation from Hugh
McClung, 55 shares common stock and Mrs. Marjorie
McClung, 85 shares common stock, executrix Estate of Ray
McClung, deceased, to C. O. Chatterton, 125 shares, and
John M. McClelland, Jr., 15 shares.

WMFD — Richard Austin Dunlea, Wilmington, N. C. — .Authority
to determine operating power by direct method.

WJHO — A'etta G. Samford, C. S. Sliealy, Thomas D. Samford,
Jr., J. H. Orr, d/b as Opelika-Auburn Broadcasting Co.,

Opelika, .Ala. — .Authority to determine operating power by
direct method.

KVGB — Helen Townsley, Great Bend, Kans. — .Authority to de¬
termine operating power by direct method.

WELL — Federated Publications, Inc., Battle Creek, Mich. — .Au¬
thority to determine operating power by direct method.

NEW — Frank T. Nied and Perry Stevens, d/b as Nied and Stevens,
Warren, Ohio. — Construction permit for a new Class IV
broadcast station to be operated on 140(1 kc., 250 watts,
unlimited hours. Amended: To specify transmitter site.

WKWK — Community Broadcasting, Inc., Wheeling, W. \'a. —
Authority to determine operating power by direct method,

WKWK — Community Broadcasting, Inc., Wheeling, W. Va. —
License to cover construction permit (B2-P-2967) for a
new station.

WSRR — Stephen R. Rintoul, Stamford, Conn. — Modification of
construction permit (Bl-P-2789) for a new' station, request¬
ing approval of transmitter site and approval of antenna.

KMAC — W. W. Mc.Allister and How'ard W. Davis, d/b as Walmac
Company, San Antonio, Texas. — Modification of license to
change frequency from 1406 to 1340 kc. and hours from
sharing with KONO to unlimited time.

1420 Kilocycles

WWSR — Vermont Radio Corp., Inc., St. .Albans, Vt. — .Authority
to determine operating power by direct method.

WWSR — Vermont Radio Corp., Inc., St. .Albans, Yt. — License to
cover construction permit (Bl-P-3065) for a new station.

WFCI — Pawtucket Broadcasting Co., Pawtucket, R. 1. — .Authority
to determine operating power by direct method.

WFCI — Pawtucket Broadcasting Co., Pawtucket, R. I. — License to
cover construction permit (Bl-P-1877) as modified, for a
new broadcast station.

1430 Kilocycles

WBYU — Unified Broadcasting Corp., of Brooklyn, Brooklyn, N. Y.
— Modification of license to change name to WBYN —
Brooklyn, Incorporated.

1440 Kilocycles

KMED — Mrs. W. J. Virgin, Medford, Ore. — .Authority to install
automatic frequency control equipment.

KFJM — University of North Dakota, Grand Forks, N. D, — .Au¬
thority to determine operating power by direct method.

1450 Kilocycles

WWDC — Capital Broadcasting Co., Washington, D. C. — Modifica¬
tion of construction permit (Bl-P-2679) as modified for
a new' broadcast station, requesting change in type of
transmitter and extension of commencement and com¬
pletion dates from 5-3-41 and 10-30-41 to 1 day after
grant and 1 day thereafter, respectively.

K.ATE — .Albert-Lea Austin Broadcasting Co., Inc., .Albert Lea,
Minn. — .Authority to determine operating power by the
direct method.

WRLC — R. G. LeTourneau, Toccoa, Ga. — .Authority to determine
operating power by direct method.

NEW — Midstate Radio Corp., Utica, N. Y. — Construction permit
for a new' Class IV broadcast station to be operated on
1450 kc., 250 w'atts, unlimited time.

KNET — John Calvin Welch, Wm. M. Keller and Bonner Friz¬
zell, d b as The Palestine Broadcasting .Assn., Palestine,
Tex. — Authority to determine operating power by direct
method.

KFMB — Worcester Broadcasting Corp., San Diego, Calif. — Modi¬
fication of construction permit (B5-P-2458) for a new
station, requesting approval of vertical antenna, approval of
transmitter site and studio site and install a new' transmitter.
.Amended to change location of transmitter and make changes
in antenna.

KGFF — KGFF Broadcasting Co., Inc., Shawnee, Okla. — .Author¬
ity to determine operating power by direct method.

KRBC — The Reporter Broadcasting Co., .Abilene, Tex. — Construc¬
tion permit to install new transmitter, changes in antenna,
change frequency from 1450 to 040 kc., increase pow'er from
250 watts to 1 KW and move transmitter. .Amended to
make changes in equipment, install vertical antenna and to
request 1470 kc. and specify transmitter site.

KRIC — KRIC, Inc., Beaumont, Tex. — .Authorit>' to determine
operating power by direct method.

May 23, 1941 — 467

NEW — J. I. Sims, Orangeburg, S. C. — Construction permit for a
new broadcast station to be operated on 1450 kf., 250
watts, unlimited hours.

1460 Kilocycles

KSO — Iowa Broadcasting Co., Des Moines, Iowa. — Modification
of construction permit (B4-P-2727) for installation of new
transmitter, move of transmitter, install directional antenna
for night use, and increase in power, requesting changes in
directional antenna for night use on l lfiO Uc.

WHEC — WHEC, Inc., Rochester, N. Y. — Authority to determine
operating power by direct method.

WBNS — WBNS, Inc., Columbus, Ohio. — Authority to determine
operating power by direct method.

1490 Kilocycles

WDNC — Durham Radio Corp., Durham, N. C. — Construction
permit to install new transmitter, directional antenna for
change in frequency from 14!)0 to 63(1 ke., increase power
from 250 watts to 1 KW night, S KW day and move
transmitter.

WD.AN — Northwestern Publishing Co.. Danville, Ill. — Authority
to determine operating power by direct method.

WNBF — Wylie B. Jones Advertising Agency, Binghamton, N. Y. —
Construction permit to install new transmitter, directional
antenna for night use, increase in power from 250 watts to 5
KW and move transmitter, and change frequency from 14!)6
to 13(10 kc.

WNBF — Wylie B. Jones Advertising Agency, Binghamton, N. Y. —
Authority to determine operating power by direct method.

WGK\’ — Kanawha Valley Broadcasting Co., Charleston, W. Va. —
Authority to determine operating power by direct method.

KO\'C — KO\’C, Inc., Valley City, N. D. — Authority to determine
operating power by direct method.

NEW — Wesley E. Carter, South Bend, Ind. — Construction permit
for a new broadcast station to be operated on 1490 kc.,
250 watts, unlimited hours. Amended to give transmitter
site,

NEW — J. Q. Floyd, John Thomas Franklin and Sam -Anderson,
d b as The Helena Broadcasting Co., Helena, Ark. — Con¬
struction permit for a new broadcast station to be operated
on 1490 kc., 250 watts, unlimited time.

KBUR — Burlington Broadcasting Co., Burlington, Iowa. — Modi¬
fication of construction permit (B4-P-1799) for a new
station, requesting approval of transmitter and studio sites,
approval of antenna and installation of new type of trans¬
mitter.

KBKR — Louis P. Thornton, Baker, Ore. — Authority to deter¬
mine operating power by direct method.

WKBV — Knox Radio Corp., Richmond, Ind. — Authority to deter¬
mine operating power by direct method.

1500 Kilocycles

NEW — Barclay Craighead, Butte, Mont. — Construction permit
for a new broadcast station to be operated on 15(10 kc..
Class IV station, 250 watts, unlimited time. Amended
to change location of transmitter and studio, make changes
in antenna and change type of transmitter.

1510 Kilocycles

NEW — Louis Wasmer, Spokane, Wash. — Authority to determine
operating power by direct method.

1540 Kilocycles

NEW — Courier-Post Broadcasting Co., Camden, N. J. — Con¬
struction oermit for a new broadcast station to be operated
on 154(1 kc., 500 watts night, 1 KW day, unlimited time.

1590 Kilocycles

WAKR — Summit Radio Corp., .4kron, Ohio. — Construction permit
to increase power from 1 to 5 KW, using directional an¬
tenna for night use, request 155(1 kc. under NARB.4, install
new transmitter and changes in directional antenna.
.Amended to make changes in directional antenna and omit
request for change in frequency.

KITE — First National Television. Inc., Kansas City, Mo. — .4u
thority to determine operating power by direct method.

468 — May 23, 1941

WBRY — American-Republican, Inc., Waterbury, Conn. — .Authority
to determine operating power by direct method.

1600 Kilocycles

NEW — James F. Hopkins, Inc., Ann Arbor, Mich, — Construction
permit for a new broadcast station to be operated on 16(10
kc., 1 KW, unlimited time, directional antenna for day
and night use. Amended to make changes in directional
antenna and change location of transmitter site.

FM APPLICATIONS

W71RF — Rockford Broadcasters, Inc., Rockford, Ill. — Modifica¬
tion of construction permit (B4-PH-S6) for change in type
of transmitter and to make changes in antenna system.
Population given as 278,000.

NEW — Globe Democrat Publishing Co., St. Louis, Mo. — Construc¬
tion permit for a new high frequency broadcast station to
be operated on 44,70(1 kc., population, 1,858,665; Coverage,
15,850 square miles.

NEW — May Broadcasting Co., Mobile — Construction permit for
a new relay broadcast station to be operated on 1646, 3090,
3190, 3830 kc., power 25 watts, .A-3 emission. Mobile 150
mile radius, Shenandoah, Iowa.

W39B — The Yankee Network, Inc., Boston, Mass. — Modification
of construction permit (Bl-PH-13) for a new high fre¬
quency broadcast station, for extension of commencement
and completion dates from 12-31-40 and 6-30-41 to 60 days
after grant and six months thereafter, respectively.

NEW — The Outlet Co., Providence, R. I. — Construction permit for
a new high frequency broadcast station to be operated on
44,300 kc., coverage, 16,370 square miles; population,
6,263,346. Amended; To change frequency to 48,500 kc.,
coverage to 4,840 square miles, population to 1,556,495,
make changes in antenna system and move transmitter.

W63C — National Broadcasting Co., Inc., Chicago, Ill — Modifica¬
tion of construction permit (B4-PH-31) for a new high
frequency broadcast station, requesting changes in antenna
system and change in tvpe of transmitter. Population,

4,869,900,

W57A — General Electric Co., Albany County, N. Y. — Modification
of construction permit (Bl-PH-19) for a new high fre¬
quency broadcast station, requesting change in frequency
from 45,700 to 43,500 kc., make changes in antenna sys¬
tem and change coverage from 6,600 to 15,200 square miles
by using FCC formulas and 8,945 square miles by G. E.
measurements and change population from 1,560,000 to
532,851 by using G. E. measurements of the contour.

W65H — WDRC, Inc., Meriden, Conn. — Modification of construc¬
tion permit (B1-PH-3S) for a new high frequency broad¬
cast station, requesting change in frequency to 43,5(M> lie.,
coverage to 13,944 square miles, change antenna system and
increase power of transmitter. Population: 1,903,661.

NEW — Interstate Broadcasting Co., Inc., New York, N. Y. — Con¬
struction permit for a new high frequency broadcast station
to be operated on 48,760 kc., coverage, 8,550 square miles;
population, 10,817,455.

TELEVISION APPLICATIONS

W3XAU — WCAU Broadcasting Co., Philadelphia, Pa. — Modifica¬
tion of construction permit (B2-PVB-47) as modified for a
new television broadcast station, requesting extension of
completion date from 7-28-41 to 7-28-42.

W3XPP — National Broadcasting Co., Inc., Philadelphia, Pa. —
Modification of construction permit (B2-P\’B-59) for new
television broadcast station, requesting approval of trans¬
mitter site and antenna system.

MISCELLANEOUS APPLICATIONS

WELB — W.AVE, Inc., Mobile — Construction permit to install a
new tranmitter and increase power to SO watts.

NEW — Board of Education, City of Chicago, Chicago, Ill. — Con¬
struction permit for a new non-commercial educational
broadcast station to be operated on 43,566 Ice., special
emission for frequency modulation, 1000 watts, unlimited
time.

NEW — Merced Broadcasting Co., Portable-Mobile — Construction
permit for a new relay broadcast station to be oiierated on

1646, 2690, 2190. 2820 Uo.. 15 watts, A3 emission portable-
mobile area of Merced, Calif.

WENE — VVJIM, Inc., Portable-Mobile. — Modification of con¬
struction permit (B2-PRE-368) for change in type of trans¬
mitter and increase in power, requesting extension of com¬
mencement and completion dates from 12-2-40 and 6-2-41 to
30 days after date of grant and 180 days thereafter,
respectively.

WALH — Piedmont Publishing Co., Portable-Mobile. — License to
cover construction permit (B3-PRY-333) for a new relay-
broadcast station.

WJRB — WJR, the Goodwill Station, Detroit, Mich. — License to
cover construction permit (B2-PRE-370) for a new relay
broadcast station.

WEPA — Edwin H. Armstrong, Portable-Mobile. — License to cover
construction permit (Bl-PRE-277) as modified, for a new
portable-mobile special relay broadcast station.

NEW — University of Illinois, Urbana, Ill. — Construction permit
for a new non-commercial educational broadcast station
to be operated on 42900 kc., 250 watts, unlimited time and
special emission for frequency modulation.

WNBI — National Broadcasting Co., Inc., Bound Brook, N. J. —
Modification of construction permit (Bl-PIB-26) as modi¬
fied for change in frequency, equipment and increase in
power, requesting extension of completion date from 5-6-41
to 6-6-41 .

W6XDL1 — Don Lee Broadcasting System, Portable-Mobile. — Con¬
struction permit to add a sound channel using special emis¬
sion for frequency modulation, power 50 watts, frequencies:

248000-330006 kc.

W9XER — Midland Broadcasting Co., Kansas City, Mo. — License
to cover construction permit (V4-PEX-3S) for new develop¬
mental broadcast station.

WHER — Westinghouse Radio Stations, Inc., Mobile. — Construc¬
tion permit to install new transmitter and increase power
from 15 watts to 25 watts.

WEIE — Havens & Martin, Inc., Portable-Mobile. — License to
cover construction permit (B3-PRE-373) for change in
type of transmitter and to decrease power.

WAOB — National Broadcasting Co., Inc., Bellmore, N. Y. — Con¬
struction permit to change type of transmitting apparatus
and move transmitter from Bellmore to Port Washington,
N. Y.

FEDERAL TRADE
COMMISSION ACTION

COMPLAINTS

Federal Trade Commission has alleged unfair com¬
petition against the following firms. The respondents
will be given an opportunity to show cause why cease and
desist orders should not be issued against them.

Ainerioan Lecithin Company and others — Five corporations
occupying a dominant position in the production and importation
of lecithin (a natural organic substance used in the manufacture
of food, candy, rubber, leather and petroleum products), and
certain of their officers, have been ordered to cease and desist
from practices held to be in restraint of trade. The respondent
companies are: American Lecithin Co., Elmhurst, Long Island,
N. Y.; Ross & Rowe, Inc., New York; The Glidden Co., Cleve¬
land; Archer-Daniels-Midland Co., Minneapolis, and American
Lecithin Corporation, Atlanta.

The Commission dismissed its complaint as to Hansa-Muehle,
Hamburg, Germany, and Aarhus Oliefabrik, .\arhus, Denmark,
lecithin producers, who, due to difficulties arising from the war,
were recently relieved by the other respondents in the case from
contractural obligations with the American companies.

Commission findings are that:

The Glidden Co., Ross & Rowe, Inc., Archer-Daniels-Midland
Co., .\merican Lecithin Corporation, and the two foreign com¬

panies, together with certain of their officers, on December 5,
1934, entered into an agreement providing, among other things,
for formation of a new corporation, American Lecithin Co., an
Ohio corporation, to which various patents held by them should
be assigned and to which the lecithin-producing respondents would
sell their output. Control and management of the new corporation
was to be vested in the organizers, each agreeing to refrain from
contesting patents transferred to the new corporation or subse¬
quently obtained by it. The foreign corporations were not to
export lecithin to the United States or Canada and the United
States parties were not to export abroad. The respondents carried
out the provisions of their agreement.

•American Lecithin Co. and the other respondents, through it,
have attempted to further monopolize trade in lecithin by dis¬
paraging competitors’ products, by using patents in bad faith to
induce purchasers to buy the respondents’ lecithin, by misrepre¬
senting labeling requirements of the United States Government and
by other means.

The Commission order is directed against .American Lecithin
Co. and Joseph Eichberg, .Armand May, Whitney H. Eastman,
Clifton M. Kolb, Richard H. Horsburgh, and .Adrian D. Joyce,
its officers; Ross & Rowe, Inc., The Glidden Co., .Archer-Daniels-
Midland Co. and Shreve .Archer, its president; and .American
Lecithin Corporation, a Delaware corporation. Individually or
in combination, they are ordered to cease and desist from:

1. Using unlawfully any patent or patents which may be held by
them or any of them concerning the use, production or processing
of lecithin to divert trade in lecithin to themselves or away from
competitors ;

2. Threatening to sue purchasers or prospective purchasers of
competitors’ lecithin for infringement of patents held by the .Amer¬
ican Lecithin Co., or any of them, but not in good faith, to
enforce any patent rights which they may have, for the purpose
of compelling or inducing such purchasers or prospective pur¬
chasers not to purchase lecithin from competitors;

3. Threatening to sue agents, jobbers or sellers or other dis¬
tributors of competitors' lecithin for contributory infringement
of any patents held by the .American Lecithin Co., or any of them,
not in good faith, to enforce any patent rights which they may
have;

4. Representing that lecithin sold by the .American Lecithin
Company or by Ross & Rowe. Inc., or by any of the other respond¬
ents, is recommended for use by the Food and Drug Division of
the United States Department of .Agriculture, or any other branch
of the Federal or State Governments, if in truth and in fact such is
not the case ;

5. Disparaging competitors’ products by creating or attempting
to create in the minds of purchasers or prospective purchasers of
lecithin the belief or understanding that lecithin produced, sold or
distributed b^• competitors contains deleterious or foreign matter,
requires labeling not required b\' the respondents’ product, lacks
refinement, is less efficacious and is otherwise inferior to the
lecithin products of the respondents unless in truth and in fact
such be the case ;

6. Unlawfulh' using any patent or patents held bv them or anv
of them in such a manner as to obtain income from the sale of
unpatented lecithin rather than from the monopoly expressly-
granted by the patent or patents;

7. Combining, conspiring, agreeing or cooperating between them¬
selves or any one or more of them, or with others, to eliminate,
restrain or lessen competition between them in the sale of lecithin
or lecithin products, by employing a common selling agency, or
otherwise; provided, that nothing herein shall prevent the respond¬
ents from entering into or carrying out lawful arrangements for
the exercise of rights under patents;

8. Carrying out or entering into any agreement or doing any
acts in pursuance of an agreement or understanding, that the
.American Lecithin Co., or any of the respondents connected with
the production or sale of lecithin in the L^nited States should
refrain from sellin? or exporting lecithin to foreign countries;

9. Entering into or carrying out any agreement or understanding
with foreign producers or sellers of lecithin for the purpose of
lessening, restricting or curtailing importation of lecithin into the
L'nited States or the territories thereof ;

10. Carrying out or entering into any agreement or understand¬
ing to refrain from challenging or contesting patents, rights or
privileges concerning the production or use of lecithin or lecithin
products held by any of them jointly or individually, which said
respondents are not legally precluded from challenging or con¬
testing ;

11. Combining, conspiring or agreeing or cooperating, or enter-

May 23, 1941 — 469

ins into or carryins out any contracts to restrain trade or com¬
merce in lecithin or lecithin products among the several States or
with foreign nations;

12. Monopolizing or attempting to monopolize or combine or
conspire with any other person or persons to monoplize any part
of the traflc or commerce in lecithin among the several States or
with foreign nations. (417.1)

American Rug A Carpet Co., Ine.. 105 Madison .4ve.. New
York, is charged, in a complaint, with violation of the Federal
Trade Commission ,Act in the sale of rugs.

.According to the complaint, the respondent flesignated certain
rugs closely resembling true Oriental rugs in appearance by the
names "Imperial Saroukan,” “Iran Kashan" and “Imperial
.Ardavan.’’

Pointing nut that there arc true Oriental rugs known as
“Sarouk,” “Kashan,” “Ardabil” anrl “,Ardavan” and that “Iran"
is the modern name for Persia, a place of origin of true Oriental
rugs, the complaint alleges that the respondent’s use of the names
“Imperial Saroukan,” “Iran Kashan,” and “Imperial Ardavan”
tends to create the mistaken impression that the rugs so desig¬
nated are in fact genuine Oriental rugs when in fact they are
woven on pow’er looms in the Finited States, are not made by
hand, and the individual threads are not knotted in the distinctive
manner of the true Oriental rug,

.According to the complaint, the respondent’s rugs do not pos¬
sess all the characteristics of true Oriental rugs but so closely
simulate them in airpearance as to be indistinguishable from them
by a large portion of the purchasing public. (4499)

J-IEee Distriluitiiig Company — .A complaint has been issued
charging Louis FUrich, trading as J-Bee Distributing Co., and Julius
Weinfelt, manager of the business, .57 West 20th St., New' York,
with the use of lottery methods in the sale of watches, cameras,
clocks and other merchandise. “Pull card” devices are used,
according to the complaints.

Charging that the respondents’ practices have been contrar>’ to
Federal Government public policy and the Federal Trade Commis¬
sion Act, the complaint grants the respondents 20 days for filing
answer. (4500)

Philip R, I’arU, Ine. — Charging misrc]iresentation in the sale
of livestock feeds a complaint has been issued against Philip R.
Park, Inc., San Pedro, Calif., and Philip R. Park, Harrison H
Havner, John S. Hunt and Philip E. Iversen, officers of the
corporation.

The complaint charges that through certain livestock and dairy
papers anri other printer! matter the respondents disseminated
advertisements representing that their product “Man.Amar,” a feed
or feed supplement, when consumed by cattle or other livestock,
will eliminate anrl prevent mastitis, eliminate practically all breed¬
ing rlisorders, and eliminate the necessit)’ of veterinary services
within si.x months.

.According to the complaint, the respondents also represented
that Man.Amar will cure Bang’s disease, eliminate goitre, cause
all serious reproduction troubles to disappear, and cause cows to
show more profitable reproduction records; that it contains bene¬
ficial ingredients lacking in other livestock feeds, and will improve
the health, growth, production and reproduction of all livestock
and poultry.

The comjilaint alleges that Man.Amar is practicalh' the equiva¬
lent of linseed meal for its growth and milk-producing qualities,
but that it is not a cure or remedy for cattle rliseases and will
not accomplish the results claimed. (4504)

41. R. Rieper- ,A comidaint has been issued charging O. R.
Bieper Co., 158 North Broadway, Milwaukee, with misleading rep¬
resentation in the sale of coffee.

The complaint alleges that the respondent disseminated adver¬
tisements by radio, in newspapers and by other means in various
States representing, directly or through inference, that its “Gar¬
goyle” coffee greatly ex'cecds other brands in strength and flavor;
that a pound of the respondent’s product w'ill produce 12 more
cups of coffee than w'ill a pound of such other brands; that the
nil in coffee imparts flavor and goodness, and that because of an
unusual amount ol coffee oil in the respondent’s prorluct it has

470 — May 23, 1941

more flavor and goodness than other popular brands, when such
are not the facts.

The complaint charges that the respondent represented its coffee
as being blended according to a secret formula which cannot be
duplicated, w'hen in fact the blend of its coffee could be dupli¬
cated by capable and experienced coffee blenders. According to
the complaint, the successful blending of coffee is not dependent
on the existence of any secret formula but rather upon the ability
of the coffee blender to interpret the taste effects of individual
coffees and mix such coffees in proper proportions to achieve the
best results obtainable. (4498)

Janies J. Reiss (.'enipaiiy, Ine. — .A complaint has been issued
charging James J. Reiss Co., Inc., 417-423 Decatur St,, New
Orleans, with the use of lottery methods in the sale of candy.

The complaint alleges that the respondent has sold to w'holesale
dealers, jobbers and retail dealers certain assortments of candy so
packed and assembled as to involve the use of a game of chance,
gift enterprise or lottery scheme when the candy is sold and dis¬
tributed to consumers.

Charging that the respondent’s sales plan involves a practice
contrary to established Federal Government policy and the Federal
Trade Commission Act, the complaint grants the respondent 20
days for filing answer, (4502)

RnckfnnI Fus'iiitiin' Factories, Iiic.. 801 Passaic Ave,, Newark,
N. J., retail furniture dealer, is charged w'ith misrepresentation
in the sale of its products in a complaint.

The complaint alleges that through the use of its corporate or
trade name, “Rockford Furniture Factories, Inc,, and the designa¬
tion, “Rockford Furniture Show'rooms,” and other representa¬
tions, the respondent represents, directly or indirectly, that it is
a manufacturer of furniture, that it ow'ns, operates or controls
the factories in which the furniture it sells is made, and that its
furniture is manufactured in Rockford, Ill., well known furniture
center, when in fact the respondent is not a furniture manufac¬
turer or factory owner and stocks and sells little, if any, furniture
manufactured in Rockford, III, (4503)

ZipiX) .Alamit'actiiring Coiupaii.v — .A complaint has been issued
charging George G. Blaisdell, Walter G. Blaisdell and Homer G,
Barcroft, trading as Zippo Manufacturing Co., Bradford, Pa,,
with the use of lottery methods in the sale of cigar and cigarette
lighters.

The respondents, according to the complaint, sell to dealers
a.ssortments of cigar and cigarette lighters so packed and assembled
as to involve the use of games of chance, gift enterprises or lottery
schemes when the merchandise is sold to the consuming public.
Punch board devices are used, the complaint alleges.

Charging that the respondents' practices have been contrary to
Federal Government public policy and the Federal Trade Commis¬
sion Act, the complaint grants the respondents 20 days for filing
answer, (4497)

CEASE AND DESIST ORDERS

Following cease and desist orders have been issued by
the Commission:

.Antericaii Aledicinal l’r(!(hi«‘ts, Ine., 6630 Santa Monica Blvd.,
Los .Angeles, and Ernest G. Rurup, its president and directing
manager, have been ordered to cease and desist from disseminating
misrepresentations in the sale of “Re-Duce-Oids”, advertised as a
treatment for obesity.

The Commission order directs that the respondents cease dis¬
seminating advertisements which represent that Re-Duce-Oids is
a cure or remedy or a safe or effective treatment for obesity, or
which advertisements fail to reveal that this preparation should
only be used under competent medical supervision and that its
unsupervised use by persons unskilled in the diagnosis and treat¬
ment of thyroid conditions may result in serious and irreparable
injury to health.

The respondents are further ordered to cease disseminating ad¬
vertisements which fail to reveal that their preparation is defi-

nitely harmful if used by persons having diabetes, goiter, tuber¬
culosis, arteriosclerosis, or coronary diseases, and that its use over
a long period may cause the breaking down of muscular and other
tissues, as well as fat tissues, causing irritation of nerve tissue,
nervousness, irritability, and increased heart rate, with possible
irreparable injury to health even to a normal individual, (41S9)

American Fliereneh Cori><»i’‘ition, 4611 North Ravenswood
Ave,, Chicago, has been ordered to cease and desist from misrep¬
resenting the earnings of persons who sell its patent tool product
“The Eifel-Geared PlieRench Kit.” Commission findings are the
respondent advertised that earnings resulting from the, sale of its
kit by the purchasers thereof range from $35 to $125 a week and
that purchasers who devote their entire time to selling the kits
make as much as $1,500 to $4,000 a year, when such are not the
facts. (3853)

Empire Mominieiit Company — Mrs. Lillie M. Sentell, trading
as Empire Monument Co., Atlanta, has been ordered to cease and
desist from misrepresentations in the sale of cast stone tomb¬
stones, monuments, footstones or other grave markers.

Commission findings are that the respondent designated as
“Marble Durastone” certain products manufactured by mixing
approximately one part cement with three parts marble aggregate,
moistening the mixture and compacting it in a mold. Findings
are further that the respondent’s products known as “Granite
Durastone” were manufactured by mixing approximately one part
cement and three parts granite dust and copper slag.

Such products, according to findings, were represented as being
guaranteed not to fade, crumble or deteriorate when in fact their
exposure to natural weather conditions would result in their show¬
ing deterioration in from 10 to 20 years.

The National Bureau of Standards conducted for the Commis¬
sion tests of the strength and durability of the respondent’s
products.

The Commission order directs the respondent to cease repre¬
senting that such products will not fade, crumble or deteriorate
from natural causes or will retain their original beauty throughout
the years; to cease representing as “free” any article the cost of
which is included in the purchase price of other merchandise in
connection with which such article is offered, and to cease repre¬
senting that the customary prices of the respondent’s products
are “sale,” “special sale,” or other special or reduced prices.

The Commission dismissed its complaint as to Charles J. Mc-
Clennon, a former partner in the Empire Monument Co., who
was originally named a respondent but now has no interest in
the business. (3939)

Fredinorr, Inc., 110 West 42nd St., and Morris Weitz, trading
PS Morrco and an officer of Fredmorr, Inc., 107 West 41st St.,
New York, have been ordered to cease and desist from selling or
distributing pencils, radios, watches, electric shavers or any' other
merchandise so packed or assembled that sales to the public are
to be or may be made by means of a lottery, and from supplying
ethers with push or pull cards, punchboards or other lottery-
devices, either with assortments of the respondents’ merchandise,
or separately, which devices are to be or may be used in selling
or distributing such merchandise to the public. (3982)

Jacob Holtz and Jay Holtz Company — Jacob Holtz and
Abraham L. Holtz, trading as Jacob Holtz and Jay Holtz Co.,
889 Broadway, New York, have been ordered to cease and desist
from selling or otherwise disposing of merchandise by means of
a game of chance, gift enterprise, or lottery scheme.

The Commission order directs the respondents to desist from
selling or distributing electric goods, clocks, lamps, household
goods or other merchandise accompanied by a Bingo set or sim¬
ilar device which is to be used or may be used by the purchaser
of the merchandise or others as a means of disposing of such
articles by means of a lottery scheme.

The respondents are further ordered to cease supplying others
with Bingo sets or similar devices, either with assortments of the
respondents’ merchandise, or separately, which devices are to be
or may be used in selling or distributing such merchandise to the
public.

Commission findings are that the respondents have sold their
products to retailers, to organizations and to operators of amuse¬
ment park concessions. (3979)

M. J. & 11. J. Meyer Co., Ine., 145 Hudson St., New York, has
been ordered to cease and desist from misrepresentations in the
sale of Worcestershire sauce.

Commission findings are that the respondent corporation pack¬
aged and sold its table sauce in containers simulating in appear¬
ance and dress those long used by Lea & Perrins, Inc., in the
bottling and distribution of “Lea & Perrins Worcestershire Sauce,”
made from the original English recipe and sold in bottles of dis¬
tinctive mark, size and shape.

The respondent’s product, according to findings, although desig¬
nated as “Pride of England Worcestershire Sauce,” is not of
English origin but is manufactured in the United States,

The Commission order directs the respondent corporation to
cease representing, through the use of wrappers, containers or
labels which simulate the distinctive wrappers, containers or
labels used by Lea & Perrins, Inc., in marketing its Worcestershire
sauce, or in any other manner, that the respondent’s product is
Worcestershire sauce manufactured and distributed by Lea &
Perrins, Inc.

The respondent further is ordered to desist from using the
words “Pride of England” or other words which designate English
origin, in any way to describe Worcestershire sauce not made in
England. (3086)

I’etalskiii Toiletries, Hite., 67 West 44th St., New York, has
been ordered to cease misrepresentations in the sale of cosmetic
preparations sold under the name “Petalskin.”

The respondent is ordered to cease and desist from disseminating
advertisements which represent that “Petalskin Face Cream” pene¬
trates deeply into the pores or cleanses the pores any deeper than
their external openings; that use of this preparation furnishes
nourishment to the skin, supplies Vitamin F, or has any value in
restoring the skin, or that “Petalskin Face Tonic” will close or
refine the pores of the skin.

The order also directs the respondent to cease disseminating
advertisements representing that “Petalskin Cream Pastelle” will
refine or close the pores, correct or remove the cause of enlarged
pores or have any effect thereon in excess of removing superficial
dirt accumulations from the pore openings; that “Petalskin Face
Powder” will not clog the pore openings, and that “Petalskin
Hand Cream” will penetrate the skin or counteract aging of the
skin. (4128)

Rex MeiThandise Corp. of .America — Four New York com¬
panies and certain of their officers selling shaving creams, tooth
pastes and other toilet articles to retail dealers, have been ordered
to cease and desist from price misrepresentations in the sale of
their products.

The respondents are Rex Merchandise Corporation of America,
1170 Broadway, and Peter Meyer, its president; Crown Labora¬
tories. Inc.. 48 East 21st St., and Arthur A, J. Weglein, .Alexander
Hirschbein and Frances Chorba, officers; Sheray, Incorporated, and
Wilshire Sales Corporation, 33 Union Square, and William and
.Anna Scher, their officers.

Commission findings are that the respondents, acting in co¬
operation, sell their shaving creams and dentifrices in tubes and
cartons marked with suggested retail sales prices of from 25 cents
to $1 a unit package; that the suggested prices are fictitious as
the customary prices obtained by retailers for such products are
actually anywhere from 10 cents to 29 cents, and that all of the
respondents have known that the prices on the tubes and cartons
have not been those at which the articles are customarily sold to
the public.

.Among the trade names under which the respondents’ shaving
creams and dentifrices have been sold, according to findin.gs, are
“D.D.S.”, “Sheray”, “Royal Blue”. “Dr. Sachs”, “Tallv Ho”,
“Scientific”, “Paramount”, “Royal Crown”, and “Her Majesty”.

The Commission order directs the respondents to cease repre¬
senting, through fictitious prices marked or stamped on, or affixed
to, their products, or on the containers, or in any other manner,
that such prices so marked, stamped or affixed are the regular or
customary retail prices for such products, and to desist from rep¬
resenting as the customary or regular retail prices fictitious prices
which are greatly in excess of the prices at which the products
are regularly offered and sold at retail.

The Commission directed that its proceeding, in so far as it re¬
lates to Wyette Meyer, named in the complaint as respondent
secretary of Rex Merchandise Corporation of .America, be closed,
(3142)

May 23, 1941 — 471

Siegel & Aleiiilioft' -Joseph Henschel, Jacob Siegel, and Philip
Alenikoff, trading as Siegel & Alenikoff, 520 Eighth Ave., New
York, manufacturers of women’s textile fabric coats and other
garments, and their agents in four other cities, have been ordered
to cease and desist from misrepresentations in the sale of such
products.

7'he other respondents are: H. M. Thorman and Alfred Schuster,
trading as II. M. Thorman, 2101 Superior Ave., Cleveland; Joseph
Bloomfield, trading as Bloomfield Co., 75 Kneeland St., Boston;
Lou Littman, trading as Lou Littman, 153 East Grand River
,Avc., Detroit, and Sugar, Feinberg & Frankel, 318 West Adams
St.. Chicago.

Commission findings arc that the resi.iondents disseminated mis¬
leading representations concerning garments made of fabrics com¬
posed of wool and cotton, or of rayon, wool and cotton, and
having the appearance of silky, tightly curled fur closely resembling
Persian lamb fur.

In the sale of textile fabrics, women’s coats and other garments,
the respondents are directed to cease and desist from using the
terms “Persian,” “Babelamm” or similar terms to describe textile
fabrics which simulate in ai^pearance, pattern or design the peltries
of Persian lambs, the young of the Karakul breed of sheep; from
using the term “fur” in connection with the term “Persian” or
similar terms to designate any textile fabric which simulates or
resembles the peltries of such Persian lambs, and from represent¬
ing or implying in any manner that any textile fabric is made of
the peltries of such Persian lambs, or that any textile fabric not
made of the wool of such lambs is actually made of such wool.

The respondents also are ordered to cease using any pictorial
design of a sheep or lamb or other wool-bearing animal, in con¬
nection with any reference to a textile fabric not made from the
wool of the animal so depicted; to desist from representing or
implying that fabrics or garments of domestic manufacture are
im[)orted from a foreign country, and to cease advertising, offer¬
ing or selling textile fabrics, garments or other products composed
in whole or in part of rayon without clearly disclosing the rayon
content by use of the word “rayon,” and, in the case of fabrics
made of both rayon and other materials, truthfully designating
such other fabrics in immediate connection with the word “rayon”
and in type of at least equal size and conspicuousness. (4429)

Wholesale Radio Service Company, Ine. — complaint issued
against Wholesale Radio Service Co., Inc., of New York, and
others, has been dismissed without prejudice to its right to resume
proceedings should future facts so warrant.

The respondents had been charged with certain representations
in the sale and distribution of radios and radio* parts.

The respondents are: VV’holesale Radio Service Co., Inc., of New
York, New York City; Wholesale Radio Service Co,, Inc., of
Massachusetts, Boston ; Wholesale Radio Service Co.. Inc., of
Illinois, Chicago; Wholesale Radio Service Co., Inc., of Georgia,
■Atlanta; Wholesale Radio Service Co., Inc., of New Jersey, New¬
ark, and .'\braham W. Plctman, Samuel J. Novich and Max H.
Kranzburg, trading as Wholesale Radio Service Co. (3722)

STIPULATIONS

The Commission has entered into the following stipu¬
lations:

Baldwin Pen Cdinpany — Linder a stipulation entered into,
Baldwin Co., Inc., trading as Baldwin Pen Co., .Atlantic City,
N. J., agrees to cease representing, directly or inferentially, that
its fountain pens are non-breakable, have an ink capacity exceed¬
ing that of fountain pens generally, are tipped with iridium, anrl
that it manufactures the pens it sells. The respondent further
agrees to desist from use of the word “Guarantee” or similar
words unless, whenever used, clear disclosure is made of exactly
what is offered by way of security, as for example, replacement
or repair without charge in a stated time; to cease issuing a guar¬
antee for any period of time greater than reasonably can be esti¬
mated as the approximate usable existence of the products, and
to cease designating any representation or agreement as a guar¬
antee or warranty which involves a service charge or calls for
ixiyment of additional monev bv purchasers of the merchandise.
(3105)

472 — May 23, 1941

Battle Creek Food Co., Battle Creek, Mich., stipulated to
cease certain representations in the sale of the breakfast cereals
"Fig Bran” and “Zo.”

The respondent stipulated it will cease advertising that “Fig
Bran.” through its effect on constipation, will relieve any definite
percentage of other complaints, and that this product is rich in
Vitamins ,A, D or E, when such is not a fact.

The respondent also agreed to cease representing that “Zo” cor¬
rects the defects of other foods and contains all the elements
required to meet the energy demands and other nutrient needs
of the body, and that the product contains milk.

The respondent further stipulated it will desist from advertising
that competitive breakfast foods are usually lacking in the bone
building elements. (02790)

Dr. Beiitz Laboratory — Trading as Dr. Bentz Laboratory, Felix
J. Bentz, 268 School St., .Athol, Mass., stipulated that in dissemi¬
nating advertisements concerning his medicinal preparation “Reg¬
ulator 68B” he will cease representing that toxic poisons in the
blood stream are the result of undigested food stagnating or fer¬
menting in the intestinal tract ; that his preparation is a blood
cleanser; that by its use poisons will be eliminated from the sys¬
tem : that it regulates or stimulates the bowels, liver or digestive
system to normal activity or regularity, or that its therapeutic
properties are other than that of a laxative or cathartic. (3108)

('liinaleiie ('(>., 1022 Ninth St., S. W., Canton, Ohio, has entered
into a stipulation to cease making certain representations in the
sale of its cleaning preparation “Climalene.”

The respondent agrees to cease representations which imply that
"Climalene” contains ingredients or has detergent qualities not
possessed by any other products, and to cease representing that
its product affords protection to fabrics laundered therewith, or,
unqualifiedly, that it is safe for delicate fabrics or that its use
will not cause colors to fade.

The respondent further stipulates that it will cease representing
that its product will remove all tarnish and stain from silver or
will polish silver without rubbing; that use of the product results
in the complete lathering of soap or will prevent completely the
formation of “soap scum,” and that its product protects, saves
or preserves any surface, article, fabric or material to which it
is applied, or, unqualifiedly, that it is a safe detergent for use on
lloors, tiles or linoleum. (3099)

Globe Laboratories, Fort Worth, Tex., has entered into a
stipulation to cease certain representations concerning the use of
its preparations “Combination R. T. Tablets” and “Avi-Nic-Tol”
in treating worms in poultry, and to cease disseminating adver¬
tisements which fail conspicuously to reveal that administration
of “Combination R. T. Tablets” to poultry will reduce the number
and size of eggs. The respondent further agrees to desist from
representing that “Poultry Mineral” wmuld be a source of essen¬
tial minerals or that this preparation or the product “Kome-Glo”
would be of value in preventing or controlling certain diseases.
(3095)

Kelso Norman Orgaiirzation -Kclso Norman and Louis L.
Layne, trading as Kelso Norman Organization, San Francisco, an
advertising agency, have entered into a stipulation to cease dis¬
seminating advertisements in behalf of Inspire, Incorporated, San
Francisco, which represents that that corporation’s device, the
“Deep-Skin Electro-Mask,” will normalize the skin, constitutes a
remedy for wrinkles, crow’s-feet, lines or enlarged pores, and
accomplishes all the benefits of the most extravagant salon facial.
The respondents Norman and Layne agree to cease employing the
w'ords “Deep Skin” as a part of the brand name of their client’s
device, or representing that the effect of this product extends
deeply into the skin or is more than a surface application. (02789)

Kleemmisler Corporalion, Wilmington, Del., formerly of South
Bend, Ind., stipulated that it will cease advertising its product
“Kleenmastcr Concentrate,” a cleaning comjxiund, as being capable
of removing all stains or s|}ots, or ink stains specifically, and as
being 25 times as concentrated as other products sold for the same
general use. The respondent also agrees to cease advertising that
its product is unconditionally guaranteed, utilizes a new or differ¬
ent method, or is the only product which cleans by means of a
shampoo method. The respondent further stipulates that it will
desist from representing that any offer is special or for a limited

time unless the offer expires at a definite, predetermined date.
(02788)

Lohl Mamifacluriiis Co., Middlel)oro, Mass., and Glencoe
Electric Corporation, 731 Broadway, New York, have entered
into stipulations to cease certain representations in the sale of
electrical heating pads.

The Lobl Manufacturing Co. agrees to cease using the words
or symbols "i Heat” and Glencoe Electric Corporation agrees to
cease using the words ‘‘Three Heat,” as descriptive of their pads
or the switches used with them.

The Lobl Manufacturing Co. further stipulates it will cease
employing the words ”3 Heat” or ‘‘Low, Med., High.” or other
similar words or symbols, and Glencoe Electric Corporation
agrees to cease employing the words or phrases “Three Heat,”
“Selective Heat Switch,” “High-Medium-Low.” or “Three Differ¬
ent Temperatures” or other similar words, so as to imply that
their pads are capable of maintaining, or that operation of the
switches results in maintaining, three distinct temperatures.

According to the stipulations, the operations of the switches
merely regulates the time required to heat the pads to a single
maximum temperature. (3096-3098)

Magic ('hcmica! Company — Harry Douglas, trading as Magic
Chemical Co., 2550 Quantico -\ve., Baltimore, stipulated that in
the sale of his product “Magic” insecticide, he will cease using
the words or phrases “Forever,” “Rids Them” or “Never to
Return,” or similar words, so as to imply that application of
the product will afford permanent protection against or prevent
the return of bedbugs, cockroaches or other insects. The stipula¬
tion relates that the product’s effectiveness is limited to destruc¬
tion of insects which it contacts and that the preparation will
not afford permanent protection. (3103)

Rogers Manufacturing Co.. Inc., North Attleboro, Mass., dis¬
tributor of women’s suits, coats and dresses, entered into a stip¬
ulation to cease using the word “Manufacturing” as a part of its
corporate name or the trade name employed by it in connection
with the advertisement or sale of products which it does not
manufacture. The respondent also agreed to desist from using
the words “Manufacturers” or “Manufacturing” or the abbrevia¬
tion “Mfg.” or the word “Factory”, or the phrases “Factory to
You” or “Save the Middleman’s Profit” or other similar words
tending to convey the impression that the respondent manufac¬
tures the products it sells or owns or controls the factory in which
they are made, w'hen such is not a fact. (3107)

Scliwactz iMauufacturiiig Co., Two Rivers, Wis., a manufac¬
turer of cotton goods products for use in the dairy industry, stip¬
ulated that in the sale of its “Perfection” milk filter discs it will
cease using in its advertisements statements tending to convey
the impression that its discs are new or differ materially from the
discs which have been in use in the industry for filtering milk;
that they have a far greater surface contact and will always and
under all circumstances filter ten gallons of milk in three minutes,
or that their use will result in cleaner milk than ever before.
(3097)

Superior Slior Company, liir. — In a stipulation entered into,
Superior Shoe Co,, Inc., 500 South Peoria St., Chicago, agrees to
cease employing the word “Doctor” or the abbreviation “Dr.”
alone or in connection with a name or with an>' other words as
a trade name, brand or designation for its products so as to imply
that they are made in accordance with the design or under the
supervision of a physician and contain special scientific or ortho¬
pedic features which are the result of medical determination or
services. .According to the stipulation, the respondent advertised
as “Dr. Haines Shoes” certain shoes w'hich were neither made
under such design or supervision nor contained such special
features. (3100)

I’nitjiie Printed Prodiiets Co., trading as Crescent Products
Co., 1270 Maple Ave., Terre Haute, Ind., entered into a stipula¬
tion to cease using the term “Non-Crumbling” as descriptive of
its “Spotless Wall Paper Cleaner.” The respondent also agrees
to desist from employing that term or the statement “This cleaner
does not crumble” or any other similar statement or term tending
to convey the impression that its product does not crumble when
used on certain types of wall paper. (3102)

Walker C'ompaii.v — Four distributors of electrical heating pads
entered into stipulations to cease certain representations in the
sale of their products. They are: The Walker Co., Middleboro,
Mass.; Varick Electric Manufacturing Co., Inc., 10 Washington
Place, New York; Fitzgerald Manufacturing Co., Torrington,
Conn., and Son-Chief Electrics, Inc., Winsted, Conn.

The respondents agree to cease making representations which
imply that their heating pads are capable of maintaining, or that
operation of the switches in connection with the pads results in
maintaining, three different degrees of heat. According to the
stipulations, the operation of the switches merely regulates the
time required to heat the pads to a single maximum temperature.
(3101-3104-3106)

May 23, 1941 — 473

1626 K STREET, N. W.

WASHINGTON, D. C.

Annual Reports, 1941

The President

Events of worldwide importance have taken place since our
Convention last August in San Francisco. Primarily, the changes
caused and the conditions created by these events have brought
greater opportunities for radio stations to render unusual public
service — to report the news of world events as they happen — to
carry talks of the leaders of the nations of the world — to furnish
a forum for the free and open discussion of the many problems
which our own people face and upon which decisions must be
made — to cooperate with the various Government agencies in
the nation’s defense program — and, as the tempo of our life
quickens, to provide those necessary aids found in programs of
music, religion, education and entertainment, which are so neces¬
sary to maintain the morale at a time like the present.

It is not the purpose of this report to survey the whole field of
radio, but rather to report briefly upon the activities of your
Association during the past year.

The nine months since the last NAB Convention have been
nine months crowded with activity and we can look back upon
the accomplishments of that brief period with a real sense of satis¬
faction and pride. The individual reports of the members of the
Staff give detailed information concerning the activities of the
various departments. It would be repetitious for me to review
what is set out in detail in those reports, but I urge you to care¬
fully read each report, because I know of no better way to become
familiar with the work of your Association. Our members are
continuously making greater use of the services of our Staff,
and I am confident that as they become better acquainted with
the Staff’s activities, they will make even greater use of the services
offered.

The greater portion of your President’s time this year has been
devoted to activities connected with the music copyright contro¬
versy. Although this has necessitated almost continuous absence
from Washington, I believe it has been justified due to the im¬
portance of the matter, and I believe we can confidently state that
finally we have solved a problem which has vexed broadcasters
for the last two decades.

To Sydney M. Kaye, Merritt E. Tompkins and Carl Haverlin,
and to the entire BMI Staff and Board of Directors, we owe a debt
of gratitude for the simply marvelous job which has been done.
Not only have they performed miracles, but have secured the
cooperation of the broadcasters and of many other industries,
to the end that what many thought was impossible is now an
accomplished fact. Radio has created a competitive market of
music, has opened the door of opportunity to the young author
and composer and has, despite many handicaps, continued to give
the American public musical programs of high quality.

Apart from the work of the BMI Staff, the greatest single factor
in accomplishing this result has been the realization b^^ broadcasters
that they could no longer afford the luxury of internal warfare.
The skeptical, who have often repeated that broadcasters would
never approach a problem as a united industry, and those who in
the past have been successful by the pursuit of a policy of divide
and rule, have been sorely disappointed.

It would serve no purpose here to review the events of the past
six months which are fresh in the minds of all of you, but may I
repeat once more what I have so often stated ; namely, that the
determined manner in which the industry has fought through
this fight will give courage and determination to the industry in
the future and for many years to come you will be gathering
additional fruits of your well earned victory.

NATIONAL DEFENSE

The past six months has seen a stepping-up of the activities of
all Government departments with the inauguration of many cam¬
paigns in connection with the national defense programs. It is to
the credit of the industry that it has cooperated wholeheartedly
with all branches of the Government. The NAB Staff has been
in daily contact with the officials of the various Government de¬
partments in an effort to coordinate the activities and render help¬
ful service to both the industry and the Government.

THE CODE

Time continues to prove the wisdom shown by the industry in
the adoption of the Code. The highlights of this past year were
evidences of continual public approval of the Code, the placing of
commercial sections in effect, an exhaustive survey of children’s
programs prepared by Mrs. Dorothy Lewis, and the continuous
intelligent work of the Code Committee, under the leadership of
its able Chairman, Edgar Bill.

MEMBERSHIP, DISTRICT MEETING &
CONVENTION

Our membership has shown a continuous growth and is now
the highest in our history, totaling 526 active members and 21 as¬
sociate members, for a grand total of 547. Last winter, the Board
of Directors adopted a new Associate Membership Plan and we
wish to extend a most hearty welcome to our many new Associate
Members. We believe that broadcasters have many problems in
common with those engaged in other branches of the radio indus¬
try, and that through our Associate Membership Plan we shall
have an opportunity to pool our energies and resources so as to
better solve our common problems.

The District meetings this year have again afforded an oppor¬
tunity for broadcasters to discuss their problems on an informal
basis and have proven most helpful in developing an industry
consciousness. The meetings of the Sales Managers in connection
with the District meetings have proven successful and undoubt-

[1]

ediy will be further developed under the new plans of the Bureau
of Radio Advertising.

In keeping with the NAB policy of holding the Convention in a
different part of the country each year, the Directors decided to
hold the Convention this year in the Mid-West, since in the two
previous years the Convention had been held in Atlantic City and
San Francisco, respectively. Also, the time of the Convention was
changed from summer to spring. We shall be interested in having
the members’ reaction to this change.

As is normal in any trade association, a large part of the work
is performed by the Directors and members serving on various in¬
dustry committees. On behalf of the entire industry, I wish to
express to the members of the Board of Directors, to the members
of the Executive Committee, and to those who served on the vari¬
ous committees, our sincere appreciation for so generously giving
of their time and energy to the work of the Association. It would
have been impossible to have carried on the work of the NAB
without their assistance.

STAFF

There have been two changes in the NAB Staff. .At the request
of the War Department, the Board loaned Edward M. Kirby, our
Director of Public Relations, to the War Department on a dollar-a-
year basis, to direct the Radio Division of the Public Relations Di¬
vision of the Army. The NAB considered such a request from the
War Department not only as a compliment to Mr. Kirby and to
the NAB, but also as an opportunity to make a real contribution
to the National Defense Program.

Frank Pellegrin, formerly of KOIL, Omaha, has recently suc¬
ceeded Samuel J. Henry, Jr., in charge of the Bureau of Radio Ad¬
vertising, and plans are being made for further development of
this Bureau. During the year, the Unit Volume Measurement Plan
has been put in operation. We believe that with the development
of this plan and with the active cooperation of the Sales Managers
Committee, this Bureau will become of increasingly greater value
to the industry.

What of the future? Between now and our next Convention, we
shall be brought face to face with problems which are today un¬
known, but which I am sure radio can solve. I have read with
interest the President’s statement contained in a recent letter, as
follows:

“We are all agreed that we want to keep radio free . . . This
technical limitation on the number of transmitters gives the Gov¬
ernment its principal function in the realm of radio, that of
referee to determine who the operators of the limited number of
transmitters shall be.”

May our actions and those of the public and of the Government
be guided by the words of our President to the end that freedom
of radio may continue to exist unimpaired and that democracy in
America as we know it may be preserved.

I believe there are those in radio who have the experience and
the ability and the patriotism to guide this industry and that
radio as a privately operated competitive business will render a
greater service than under Government control.

We in radio face the future with confidence and know that
come what may, radio will perform its task with credit to itself,
to the Government, and to the American public.

Respectfully submitted,

Neville Miller,

President.

Secretary-Treasurer

The nine months that have intervened since the 1940 convention
have been unusually active and busy ones at NAB headquarters.
The w'ork incident to the music controversy consumed a great deal
of the time of the staff but, nevertheless, the other activities of
the Association have been maintained upon a constructive and
active basis. Every effort has been made to operate the Association
in a manner that will best serve the interests of broadcasters in
every field of their activity. The Association has been operated on
a business basis and many economies in operation have been in¬
troduced with the result that while the services of the Association
have been greatly expanded, the cost of operation has been kept
well within the limit of the funds available.

MEMBERSHIP

We are pleased to report that the membership of the National
Association of Broadcasters as of May 1, 1941, stands at 547, an
increase of 87 members since the date of the last annual conven¬
tion in San Francisco in 1940. The membership is composed of
526 active and 21 associate members. Included in the 526 active
members are 6 FM stations which were admitted to membership
during the past year.

During the year, your Board of Directors approved a plan of
associate membership which we are pleased to report has met with
great success. Six industries and engagements closely allied with
radio broadcasting are now eligible for associate membership in
N.4B as follows: transcription companies, equipment manufacturers,
station representatives, news services, telephone and telegraph com¬
panies, and market research organizations. These companies hold
from one to four $250 units of associate membership depending on
their gross volume of business. The NAB is proud to announce
that we now have 21 associate members holding 35 units of mem¬
bership. Included in these 21 members are 7 transcription com¬
panies, 10 equipment manufacturers, 3 station representatives and 1
research organization.

As to the active membership, we have been able to increase
this to its highest point in N.\B history due to the excellent co¬
operation of the District Directors and by following up our mem-
bership campaign of last year.

The follow'ing tables show the increase in membership by dues
classifications and by N.'VB Districts from July 15, 1940, as re¬
ported at the last convention, to May 1, 1941.

NAB Membership by Dues Classification

NAB Members

Class July 15, 1940 May 1, 1941

A . 92 108

B . 81 82

C . 63 76

D . 44 54

E , . . . 40 49

F . 28 27

G . 20 21

FI . ... 26 38

I . 18 16

T . 6 16

k . 4 4

L . 6 9

M . 2 4

N . 2 2

O . 2 2

NBC . 15 10

CBS . 8 8

Associate . 3 21

Total . 460 547

NAB Membership by NAB Districts

NAB Members

District July IS, 1940 May 1, 1941

1 31 38

2 . 31 32

3 . 28 28

4 47 S3

5 . 30 43

6 26 30

7 2S 26

8 . 22 27

9 31 33

10 3S 37

11 19 24

12 16 19

13 . 24 24

14 24 26

15 . 20 24

16 23 23

17 . 2S 33

FM . — 6

Associate . 3 21

Total . 460 547

On May 1, 63% of all operating commercial stations in the
country were members of the NAB. Disregarding the FM stations
and the Associate members of NAB, the following table discloses
some interesting percentages.

Total NAB
Stations Members

Operating

Commercial Stations

April 1,
1941

May 1,
1941

Percent

Network Affiliates .

Independents .

490*

319

369*

140

1S%

44%

Total .

809

509

63%

Non-Commercial Stations .

Construction Permits .

37

54

4

15

11%

28%

Grand Total .

891

520

587o

* Includes 9 c.p. stations — 8 NAB

members.

75% of all NBC affiliates
85% of all CBS affiliates
70% of all MBS affiliates

are N.AB
are N.\B
are N.AB

members.

members.

members.

67% of all newspaper owned stations are NAB mem¬

bers.

FINANCIAL

The financial records of the Association were audited by certified
public accountants at the close of the calendar year. Their report
has been sent to the Directors and is available to any member on
request. During the year 1940 we operated well within our budget
and are at present within the budget as approved for 1941.

The following financial statement shows the receipts and dis¬
bursements of your Association for the nine months that have
elapsed since the 1940 annual convention:

National Association of Broadcasters
Statement of Receipts and Expenditures
For the Period July 1, 1940, to April 1, 1941

Investment — Government Securities . , . $31,403.34

Legal, Engineering and Accounting Fees 19,856.67

Miscellaneous . ... 16,843.76

NAB-BMI Special Promotion . 12,632.67

NAB REPORTS . 10,680.00

NAB-RMx\ E.xpenses . 7,196.61

Office Supplies . 2,248.22

Postage . 3,394.72

Printing . 8,337.25

Radio Council on Children's Programs 2,037.23

Rent . 6,374.97

Salaries . 84,720.45

Telephone and Telegraph . 3,593.51

Travel . 11,957.57

- $247,017.39

Cash on Hand, April 1, 1941 . $27,514.32

HEADQUARTERS PERSONNEL

Whereas our activities have increased greatly during the past
year, our payroll on April 1, 1941, lists only 29 full and part-time
employees as compared to 26 employees reported at the last con¬
vention, a net increase of only 3 employees. The only major
change in our staff involved the resignation of Samuel J. Henry,
Jr., on January 31, as manager of the Bureau of Radio Advertis¬
ing. With his resignation, the Bureau was, upon the recommenda¬
tion of the Sales Managers Committee, abolished by the Board
and in its stead the Department of Broadcast Advertising was
created. On April 1, Frank E. Pellegrin assumed his duties as
Director of this newly created department.

A complete roster of NAB Headquarters employees follows:

Staff Members
Neville Miller, President
C. E. Arney, Jr., Assistant to the President
Edward M. Kirby, Director of Public Relations
Joseph I. Miller, Director of Labor Relations
J. Robert Myers, Assistant Director of Research
Frank E. Pellegrin, Director of Broadcast Advertising
Paul F. Peter, Director of Research
Russell P. Place, Counsel
Everett E. Revercomb, Auditor
Helen H. Schaefer, Assistant Director of Research
Lynne C. Smeby, Director of Engineering
Arthur C. Stringer, Supervisor of Circulation and Promotion

Secretarial. Clerical and Part Time

Jane E. Arnold
Isabel G. Campbell
Jean M. Chevanney
Thomas I. Chase
Charles H. Dodge
Ethel M. John
Nolan L. Kidwell
Lynne M. Lamm
Hester M. Laster

Miriam E. Moore
Ella P. Nelson
Harriet A. Page
Mildred M. Ramsay
Jean Smith
Molly A. Stonestreet
Anne J. Weir
Pauline J. Wilder

MEETINGS

RECEIPTS

Cash on Hand, July 1, 1940 . $ 63,525.08

(As reported at last convention)

Receipts during period . 211,006.63

- $274,531.71

DISBURSEMENTS

Annual Convention . $ 9,145.42

Board of Directors Meetings . 6,366.08

Committee Expenses . 6,291.49

Dues and Publications . 2,413.54

Furniture and Fixtures . 1,523.89

The following Board of Directors, Committee and District meet¬
ings have been held since the last annual convention:

Group

Date

Place

Board of

Directors

.August 6, 1940
December 5-6, 1940
March 17-18, 1941

San Francisco, Cal.
New York, N. Y.
New York. N. A^.

Executive

Committee

.August 7, 1940
September 13, 1940
October 25, 1940
December 5, 1940
January 7, 1941
February 19, 1941

San Francisco, Cal.
New York, N. Y.
Washington, D. C.
New York, N. Y.
Washington, D. C.
New York, N. Y.

AAAA Conference
Committee

Code Committee

Engineering Committee

Engineering Executive
Committee
FCC Conference
Committee
Insurance Committee
Legislative Committee
Research Committee

Sales Managers Execu¬
tive Committee

October 30, 1940
November IS, 1940
November 27, 1940
December 3-S, 1940
December 20, 1940
January 6-7, 1941
January 28, 1941
January 31, 1941
November 7, 1940
February 4-S, 1941
January 9, 1941
February 19, 1941
September 26, 1940

March 24, 1941
December 4, 1940
November 25, 1940
January 10, 1941
January 10, 1941
March 12, 1941

New York, N. Y.
New York, N. Y.
Washington, D. C.
New York, N. Y.
New York, N. Y.
New York, N. Y.
New York, N. Y.
New York, N. Y.
Chicago, Illinois
New York, N. Y.
New York, N. Y.
Columbus, Ohio
Washington, D, C.

New York, N. Y.
New York, N. Y.
New York, N. Y.
New York, N. Y.
New York, N.Y.
Chicago, Illinois

September 12-13, 1940 Washington, D. C

District

1

December 12, 1940
March 4, 1941

Worcester, Massachusetts
Worcester, Massachusetts

District

2

December 20, 1940

Syracuse, New York

District

3

December 9, 1940
April 7, 1941

Philadelphia, Pa.
Philadelphia, Pa.

District

4

December 13, 1940

Washington, D. C.

District

5

December 10, 1940
April 11, 1941

Orlando, Florida
Jacksonville, Florida

District

6

January 13, 1941

Nashx'ille, Tennessee

District

7

December 19, 1940
April 4, 1941

Detroit, Michigan
Cincinnati, Ohio

District

8

December 19, 1940

Detroit, Michigan

District

9

December 18, 1940
January 30, 1941

Chicago, Illinois

Chicago, Illinois

District

10

January 25, 1941

Omaha, Nebraska

District

11

November 15, 1940
March 14, 1941

Minneapolis, Minnesota
Minneapolis, Minnesota

District

13

February 28, 1941

San Antonio, Texas

District

14

January 27, 1941

Denver, Colorado

District

15

January 18, 1941
April 26, 1941

San Francisco, California
San Francisco, California

District

16

January 17, 1941

Los Angeles, California

District

17

January 22, 1941

Portland, Oregon

Respectfully submitted,

C. E. Arney, Jr.,
Assistant to the President.

Engineering Department

REALLOCATION

Of prime importance during the past NAB year has been the
reallocation that took place on March 29, 1941. .M 3 a. m. on this
date, approximately 90% of the broadcast stations in the United
States changed frequency. To the credit of all concerned the job
of changing was accomplished in the remarkably short time of 56
days with very little trouble. A handful of stations were not able
to effect the chan.ge-ovcr of their directional antennas in such a
short time and therefore were authorized to operate with reduced
power non-directional until the work was completed.

Plans were started over a year ago to meet the emergency of a
short notice period. This planning was formulated in meetings of
the Engineering Committee and contacts with the FCC Engineer¬
ing Department. The consulting engineers were invited to a special
“Reallocation Meeting” of the Executive Engineering Committee

held in Washington. The Director of Engineering had prepared
a 13-page analysis of the directional antennas that were to be
shifted in frequency. This analysis was used as the basis of dis¬
cussion. The deliberation of the meeting culminated in the prep¬
aration of a tabulation of the possible difficulties involved in the
reallocation and the preparation of requests for certain concessions
from the FCC during the reallocation period, such as, the easing
of certain regulations. This was taken up with Mr. Ring, FCC
Engineer in charge of broadcasting. Mr. Ring was very coopera¬
tive in this matter and he deserves a great deal of credit for the
w'ay in which he organized the engineering aspects of the realloca¬
tion. Subsequent to the reallocation meeting, it occurred to the
Director that it would be helpful in making the changes if the
normal test period from 1 a. m. to 6 a. m. were extended to mid¬
night to 7 a. m. This was discussed with Mr. Ring and the mem¬
bers of the Executive Committee. The approval of the Committee
resulted in NAB officially requesting this extension and the FCC
granted the request. Many engineers have reported that this ad¬
ditional test time materially aided them in making the changes.

The Director has also worked with Arthur Stringer for over a
year on plans for the promotional wmrk in connection with the
reallocation. This work resulted in an industry-wide plan that
was ready for instant use at such time as the FCC gave the go
ahead. Technical articles on the reallocation were written for
the NAB REPORTS, BROADCASTING, Radio Trade Journals
and Servicemen’s Magazines. A frequency log was also prepared
by the Director and this was extensively used by broadcasters and
used by many who made up logs for general distribution.

BROADCAST ENGINEERING CONFERENCE

NAB again officially cooperated in the Fourth Ohio State Broad¬
cast Engineering Conference. This was held in February at Co¬
lumbus. The preliminary program for the Conference was formu¬
lated at NAB headquarters during a two-day visit by Dr. W. L.
Everitt, Director of the Conference. He was also assisted with the
publicity. The Director of Engineering acted as Chairman of The
General Discussion and Question Box conducted by A. D. Ring,
Assistant Chief Engineer of the FCC in charge of broadcasting.
The total attendance of 287 was an increase of 39 over the previous
Conference. The members of the Conference presented Dr. Everitt
with a wrist watch in token of appreciation for the work he has
done in conducting the Conferences.

INSURANCE COMMITTEE

The Insurance Committee has been aided in handling its ques¬
tionnaire and in publicity of the work being carried on by the
Committee

MEMO RECORDING

In an FCC order on October IS, 1940, the International Broad¬
casters were ordered to record all of their transmissions. Because
the recording time per year is great the cost per hour is of utmost
importance. At the time of the order, the availability of equip¬
ment was not known. At the suggestion of Mr. Arney, informa¬
tion was requested of all known manufacturers of such equipment.

The information was tabulated and presented to the Interna¬
tional Broadcasters at a meeting attended by Mr. Arney and the
Director. The International Broadcasters decided to standardize
on one type of equipment. Several recorders were loaned by a
company to be used temporarily until the permanent machines
could be delivered. In this way, the International Broadcasters
were able to comply with the FCC rule sooner.

BROADENING NAB MEMBERSHIP

Before the last Convention the Engineering Committee insti¬
tuted proceedings for broadening the scope of NAB to include not

only standard band, but also any other broadcasters. This culmi¬
nated in a suggested by-law revision that was adopted by NAB
at San Francisco. All broadcasters are now eligible for NAB mem¬
bership and a number of High Frequency stations have joined.

INTERFERENCE RATING

The FCC Engineering Department has had under study for some
time, an alteration in the RSS Method of Rating Interference, sug¬
gested by NAB. With the reallocation out of the way, the FCC
Engineering Department is again active in considering this matter.
It is hoped that this controversial rule will be modified soon.

TELEVISION COMMITTEE

In line W’ith its broadened scope, NAB participated in the de¬
liberations of the National Television System Committee. John
y. L. Hogan served on the main committee as NAB representative
and the Director was a member of one of the panels and also Mr.
Hogan’s alternate on the main committee.

INSTITUTE OF RADIO ENGINEERS

The Director has cooperated with the IRE in publicizing its
Annual Convention. On February 6, F. E. Terman, President of
IRE asked the Director to serve on the Board of Editors and on
the same date, w'as requested by A. N. Goldsmith, Chairman of the
Board of Editors, to serve on the Committee on Regular Papers.
These tw'O appointments were accepted. Mail discussions with
Dr. Goldsmith and a conference with Dr. Terman have been di¬
rected toward the end that the IRE Proceedings papers be made
more attractive to the Broadcast Station Engineers.

RECORDING STANDARDS

During the past few months, discussions have been held with
station managers, agency men and engineers concerning the di¬
vergence of quality on records and transcriptions produced by
various companies and played on machines manufactured by vari¬
ous companies. The Engineering Committee passed a resolution
recommending that NAB coordinate a plan to formulate recording
and reproducing standards. This resolution was referred to Neville
Miller for consideration by the Executive Committee and the
project was subsequently authorized. Time has been asked for at
St. Louis during the Annual Convention for open discussion of this
project. It is planned that the work of formulating standards will
be inaugurated by the engineers at the IRE Convention in June at
Detroit. Everyone interested in the subject, w'hether he be an
N.'\B member or not, wall be invited to participate in the W’ork.

HEARING COVERED

.411 ECC Engineering hearings of general interest, including the
monopoly hearing, during the past year, have been attended by
the Director and reported in the NAB REPORTS.

DEFENSE COMMITTEE

The Director w'as appointed Neville Miller’s alternate on the
Domestic Broadcast Committee of the DCB and was appointed
N.4B technical advisor. The Director is serving as Chairman of
one of the Subcommittees.

ENGINEERING HANDBOOK

■A revision of the handbook is nearly completed. The time
necessary to do this job has been seriously curtailed by other more
pressing matters such as, work in connection with the reallocation
and work in connection with the Defense Committee. It is antici¬
pated that the revision will be ready for distribution shortly.

SERVICE TO MEMBERS

Many minor functions have been carried on beside the main
ones mentioned, not the least of these being individual services

to members. Many of the members have availed themselves
of this service.

If you feel that the Director can be of help to you, please feel
free to call on him.

ENGINEERING COMMITTEEMEN

Without the wholehearted help of the members of the Engineer¬
ing Committee, the work of the past year could not have been
accomplished. Many of the members have given generously of
their time in furthering industry-wide projects.

COMMITTEE MEETINGS

The Engineering Committee met on January 9, 1941, in New'
York City and on February 19, 1941, at Columbus. An Execu¬
tive Engineering meeting w'as held on September 26, 1940, in
Washington.

EXECUTIVE ENGINEERING COMMITTEE
1940-41

Edward L. Gove — Chairman, WHK

Porter Houston — WCBM

Paul deMars — Yankee Network

E. K. Cohan— CBS

J. R. Poppele — MBS

O. B. Hanson — NBC

L. C. Smeby — N.4B — Ex-officio

ENGINEERING COMMITTEE
1940-41

Edward L. Gove — Chairman,
WHK

E. M. Doolittle — WDRC
John V. L. Hogan— WQXR
J. C. Leitch— WC.4U
Scott Helt— WIS
J. R. Donovan — WTOC
J. H. DeWitt— WSM
R. Morris Pierce — WGAR
Walter Hoffman— WWJ
Carl Meyers — WGN
Paul Loyet — WHO

Julius Hetland — WD.AY

K. W. Pyle— KFBI

W. G. Edgerton — KTS.4
Eugene G. Pack — KSL
R. V. How'ard — KSFO
Jay Tapp — KGER
Francis Brott — KOMO
E. K. Cohan — CBS
O. B. Hanson — NBC
J. R. Poppele — MBS

L. C. Smeby — N.4B — Ex-officio

Respectfully submitted.

Lynne C. Smeby,
Director of Engineering.

- - - -

Legal Department

This is the report of the activities of the Legal Department for
roughly eight months since the last annual meeting.

CONGRESS. To date no adverse legislation has been enacted.
In summary the radio bills and their history are as follows:

In the field of copyright. Executive E, the International Copy¬
right or Berne Convention Treaty is again before the Senate. .4
sub-committee of the Committee on Eoreign Relations held hear¬
ings at w'hich NAB appeared in opposition. The perennial bill
for legalizing copyright in recorded renditions and interpretations
was again introduced under N.4P.4 sponsorship, this time by
Representative Sachs (D-Penna.) ; no hearings have been held
or are believed likely in the near future. Companion bills for
the preservation of authors’ rights W'ere introduced by Senator
Bone and Representative Kramer; N.4B appeared at the hearing
and suggested perfecting amendments. .4 bill introduced by

Representative Keogh (D-X. Y.), incorporating the minimum
damage clause of the Duffy bill, and generally acceptable, has not
been set for hearing. The Thomas bill embodying the draft of
the Committee for the Study of Copyright has not been intro¬
duced; broadcasters are opposed to it.

The Johnson bill to bar broadcast of advertising of alcoholic
beverages was reintroduced; when set for hearing N.\B will
oppose it vigorously.

The Ditter bill to amend the Communications Act and provide
for five year license period and to prevent indirect censorship by
the Commission was again reintroduced. Hearings have not been
scheduled to date.

Bills affecting interception of messages and amendatory of the
Communications Act in this respect do not disturb us.

Bills affecting national daylight saving time have been actively
supported; hearings have not been set.

Three bills for improvement of administrative procedure, suc¬
cessors to the Walter-Logan bill, are under consideration. The
Federal Communications Bar .Association’s draft of a bill embody¬
ing the best features of each is acceptable to counsel. As in the
past, no action on such measures has been taken by the N.4B.

STATE LEGISLATION . Legislatures in forty-four states have
been in session this year. District Directors cooperated with coun¬
sel by appointing broadcasters in each state, and wherever possible
in the state capital, to serve as Legislative Contacts for N.'VB.
By providing an additional safeguard against overlooking the
introduction of bills affecting radio, and liaison for communica¬
tion on legislative matters in each state, this innovation has been
most useful in this department.

Chiefly of note at this year’s sessions was the introduction of
35 so-called “anti-.\SC.\P” bills in 18 states. Other than enact¬
ment of the Wisconsin law to provide effective enforcement of
existing provisions relating to investigators and music brokers,
no such bills have been enacted. The N.AB did not encourage
or support any legislation of this character. The Montana law
of this character was repealed.

The Perry bill to bar off-the-air recording of broadcasts was
again introduced, in somewhat different form, in New York.
New York State Broadcasters persuaded the author to strike the
enacting clause, and the measure was killed. A committee is
working to perfect an acceptable bill for introduction at the next
session.

Oregon passed a radio libel law', relieving broadcasters from
liability for radio defamation unless the plaintiff can prove that
the broadcaster failed to exercise due care. \ similar bill was
vetoed by the Governor of Washington.

LITIGATION. The position of the NAB in RCA v. Whiteman
was sustained in the Circuit Court of .Appeals and again in the
Supreme Court, thus establishing the law, except in Pennsylvania,
that broadcasters are at liberty to play phonograph records with¬
out license from the record manufacturer of the performing artists.
This was a notable accomplishm.ent for the industry, particularly
for the smaller stations. Stuart Sprague and White and Case
were on the briefs.

FACILITIES CONTRACT . Nearly five months were required
in conference with the .■X.A.'VA Time-Buyers’ Committee to deter¬
mine that complete reconcilement of views on certain provisions
was impossible. The Agency Contract, recommended by the N.AB
March 21, is the result of the protracted discussions.

FCC APPLICATION FORMS. In cooperation with FCC staff
an N.AB committee was successful in securing amendment to the
standard and FM forms which greatly facilitates filling out of
these forms.

GENERAL. Correspondence with stations and their attorneys
on numerous matters as well as assistance to staff and general
office work has consumed considerable time. Since Ed Kirby’s
going to the War Department, the duties of Secretary of the Code
Committee have temporarily devolved on counsel. Service as
alternate to Neville Miller on the International Broadcasting
Committee of the Defense Communications Board has not been
burdensome to date. There have been no meetings of the Com¬
mittee on Cooperation Between Press, Radio and Bar since the
last report. The New York Tax Committee, appointed to combat
assessment by the City of New York of real estate tax on station
equipment, was successful in its efforts.

Respectfully submitted,

Russell P. Pl.\ce,

Counsel.

Labor Relations

Just three years ago this week the National Association of
Broadcasters set up its labor relations department. Those three
years — and especially the last one — have seen American industry
plagued by labor trouble. One of the few exceptions has been
the broadcasting industry. Paying its employees well, obeying the
law and constantly seeking to understand labor’s viewpoint on all
questions of mutual interest, the broadcasting industry has enjoyed
three years of comparative peace.

The industry’s labor policy is highly respected not only in other
quarters of the business world but by labor and government as well.

Here are a few comments on the department’s last report:

Sidney Hillman, now co-director of the OPM — “May I con¬
gratulate you on your achievements and the fine record you have
maintained . . .”

A. J. Altmeyer, chairman. Social Security Board — “May I send
you my sincere congratulations on your good work?”

J. R. Steelman, director of conciliation, U. S. Department of
Labor — “. . . The broadcasting industry and organized labor

must be proud of their record for the past year.”

William Green, president, American Federation of Labor — “Such
a record must be interpreted as a tribute to collective bargaining,
and to the wisdom and self-restraint of management and workers.”

Thomas Kennedy, secretary-treasurer. United Mine Workers of
America — “That the broadcasting industry and organized labor
have gone through a year without any major labor trouble is a
tribute to your work in this direction.”

Any of these credits which appear to accrue to the N.AB’s director
of labor relations must be interpreted as belonging to the entire
industry, for the entire industry has given the labor relations direc¬
tor unstinted support in his efforts.

The NAB proposes to continue its current labor policy during
the coming year. Members will be kept advised of trends and
developments in the field of labor relations. They will be informed
of any changes in labor laws that affect their operations. They
may call upon the labor relations director for direct assistance
with their individual or collective labor problems. They will
find available at the N.AB a growing fund of information useful
in collective bargaining. The labor relations director will continue
his efforts to preserve and foster the general goodwill between
the industry and the labor movement, and will count on the con¬
tinued assistance of the entire membership in this work.

Following is a topical review of labor developments related to
the industry since the San Francisco convention last August.

[6

RADIO’S PAYROLL

Latest available FCC figures, for the week beginning October 15,
1939, showed that the average broadcasting employee, executives
excluded, received $41.08. There is every reason to believe that
the Commission’s next report will show a considerable increase,
keeping broadcasting at or near the top of the list of all industries
in this respect.

For comparative purposes it is necessary to include executives,
in showing the increase in the industry’s payroll and average weekly
salary in recent years:

Full-time

Week Employees Average Salary

March 6, 1938 . 17,085 $45.12

December 11, 1938 . 18,359 45.20

October 15, 1939 . 19,883 45.92

These figures do not include highly paid artists, musicians, an¬
nouncers, writers and others employed for radio shows by adver¬
tising agencies. Their inclusion would raise the averages con¬
siderably.

WAGE AND HOUR ACT

The headache that came with the first application of the Fair
Labor Standards Act of 1938 is gradually wearing off. The remain¬
ing dull pain results largely from the disappearance of a give-and-
take arrangement as to working hours that prevailed in much of the
industry before federal regulation of wages and hours. Before
1938, the broadcasting employee who wanted a day or two off
usually got it without question. When he worked a long day or
a long week (as the nature of the industry frequently requires),
he was usually given compensatory time off. Because of the over¬
time payment required by the law, these practices necessarily have
been discontinued in many cases. Employees have not liked this
any more than have employers.

Some relief came last fall with the Wage and Hour Adminis¬
trator’s redefinition of “executives, administrative employees, pro¬
fessionals and outside salesmen,” four classes of employees who
need not be paid overtime. The new definitions, much broader
than the old, exempted a great many broadcasting employees who
previously had been covered by the Act. Before the new defini-
nitions were drawn, for instance, the Wage and Hour Division
maintained that the broadcasting industry’s outside salesmen were
not outside salesmen within the meaning of the Act. After the
NAB labor relations director presented the industry’s case at hear¬
ings on proposals for the new definitions, the report accompanying
the new definitions specifically stated that radio’s outside salesmen
were exempt.

Only one broadcasting station got into any serious trouble with
the Wage and Hour Division during the past year, and that
trouble resulted largely from the station management’s misunder¬
standing of how to apply the Act to its employees. A court order
requiring payment of back wages and an injunction against future
violation resulted. Failure to keep proper records has resulted in
several other minor cases, all of which were adjusted out of court.

Last November, after the new definitions mentioned above were
issued, the NAB Labor Relations Department published a booklet,
“The Wage and Hour Act: How It Affects A Broadcasting Sta¬
tion,” which summed up the Act in a-b-c form for broadcasters.
It has proved tremendously popular, with distribution already
above 1,000. When necessary, this booklet will be revised.

This spring, the labor relations director has taken steps toward
further clarification of the status of broadcasting technicians and
engineers under the Act. Through a series of conferences and
field inspection trips, the labor relations director and Wage and
Hour opinion attorneys expect to be able better to advise broad¬

casters what technicians qualify as executives, professionals or
administrative employees, and what ones are clearly non-exempt.

WAGNER ACT

The National Labor Relations Board has cited only two stations
during the past eight months for violation of the Wagner Act.
One of these was directed to reinstate several employees alleged
to have been discharged for union activity. The other case was
settled “out of court.”

This record is far from bad, considering the number of com¬
plaints in other industries, and also considering the number of
times broadcasters have dealt with labor unions for the first time.

The NAB labor relations director has advised dozens of broad¬
casters how to avoid missteps which might be construed as Wagner
Act violation, and also has advised them on the technique of collec¬
tive bargaining. This service should be used even more than it is.

Appointment of Dr. Harry A. Millis as chairman of the Labor
Board to succeed J. Warren Madden has been generally hailed
throughout the country as a step toward more harmonious labor
relations. Both Dr. Millis and Dr. William Leiserson, appointed to
the previous vacancy, have long records as mediators and con¬
ciliators. Both firmly believe in that technique.

STRIKES

Several incidents have led to the temporary withdrawal of
union musicians from broadcasting stations, but there have been
only two actual strikes in the industry during the past eight months.
One was called at a southern station by the International Brother¬
hood of Electrical Workers (A. F. of L.) when six months of nego¬
tiations failed to produce an agreement on terms for a first contract
covering technicians. The other was called by the American Com¬
munications Association (C.I.O.) at a New York City station dur¬
ing the course of negotiations toward a contract renewal. The
latter was accompanied by sabotage. Neither strike had been
settled when this report was prepared.

During a period when strikes made the headlines almost daily,
the lack of any serious labor trouble in the broadcasting industry
is a tribute to the industry, its employees, and the labor unions it
deals with. Good wages, good working conditions, fair dealing
and law obedience have paid dividends.

“CLOSED SHOP”

More often than not, the chief obstacle to a first agreement be¬
tween an employer and a labor union is the union’s demand for
a “closed shop.” The “closed shop” may take several forms:

(1) The real closed shop, or “hiring hall” system. This not
only requires all employees to belong to the union but also requires
the employer to take whatever employees the union sends in
when vacancies occur.

(2) The preferential shop. This requires all employees to belong
to the union and requires the employer to ask the union for
replacements when vacancies occur. However, if the union can¬
not furnish suitable replacements, the employer may hire non¬
union employees, provided they join the union when they go to
work.

(3) The union shop. This requires all employees to belong to
the union while they are working, but gives the employer com¬
plete freedom to hire whomsoever he pleases.

There are many variations of these fundamental definitions. By
and large, the two principal technicians’ unions in the broadcast¬
ing industry (I.B.E.W. and A.C.A.) have insisted upon the closed
or preferential shops, although each has settled for a union shop

on several occasions. .‘\FR.\ has asked only for a union shop.

The principal objection to a real closed shop or hiring hall
system is obvious. The employer who has that relationship with
a union, theoretically at least, has delegated to the union one of
the functions ordinarily associated with management. On the
other hand, furnishing competent employees places a tremendous
responsibility upon labor unions. In some instances this responsi¬
bility has worked well, and the employer has not suffered. In other
instances, it has led not only to foisting poor employees on the
employer but to job-selling and other racketeering practices on
the part of union leaders.

The preferential shop gives the employer, or arbiters, the ultimate
word on employment, and thus should avoid most of the trouble
that can result from a closed shop. Many employers have found
it quite satisfactory, and have used a union to advantage as an
employment agency. Others have had sad experiences with it, find¬
ing that the preferential shop, as it worked out, was really a closed
shop with all the potential evils of a closed shop quickly developing.

The union shop has many advocates in both labor and industry.
It is definitely to the advantage of the employer, many say, to
have all his employees in the union for the sake of plant morale.
Half in and half out means trouble no end, they say, with endless
costly bickering. On the other hand, few employers like the idea
of requiring any employee to join and pay dues to a labor union.

The NAB labor relations director sets forth these arguments
for and against the various types of shops, without opinion, for
the information of broadcasters who may sooner or later have to
face this question in negotiations. He will be glad at any time to
discuss this question further wdth any association members.

ARBITRATION

Arbitration is a well established principle in the labor policy of
the broadcasting industry. Its extension is constantly advocated
by the National Association of Broadcasters as fundamental to the
development of sound labor relations.

Every contract betw'een stations and the International Brother¬
hood of Electrical Workers and the American Communications
Association, the dominant technicians unions, provides for arbi¬
tration of disputes arising under the terms of the contract. Some
of these contracts go even further in providing for the arbitration
of any dispute that arises during the term of the agreement. The
unions, in some instances, have been hesitant in accepting the latter
type of provision. Arbitration of all disputes, how’ever, guaran¬
tees a peaceful relationship between the employer and the union for
a given period of time, and makes the employer far more willing
to bargain collectively in good faith than if he is faced with the
possibility of “w'ild cat” strikes after a contract is made. There
is a great variation in technicians contracts in the method of
selecting arbiters. The American Arbitration Association, the
U. S. Labor Department, local judges. National Labor Relations
Board, State Board of Arbitration, and the prominent panel of the
American New'spaper Publishers Association, and the Printing
Pressmen’s LTnion are among those specified in contracts as arbiters
or selectors.

All contracts with the American Federation of Radio Artists, the
dominant union of announcers, singers, and actors, provide for
arbitration of disputes arising under the contract by the American
.Arbitration Association.

The American Federation of Musicians, the other principal union
in the broadcasting industry, both nationally and locally' has refused
to insert arbitration provisions in its agreements. These agree¬
ments usually have provided for the reference of disputes to the
national officers of the union — an arrangement obviously unsatis¬
factory to the employers.

THURMAN ARNOLD

About eighteen months ago Thurman Arnold, assistant attorney
general in charge of anti-trust prosecution, started to prosecute
labor unions for some of their practices which he contented W'ere
in violation of the Sherman Act. His drive got into full swing
about the time that the National Plan of Settlement between the
.American Federation of Musicians and Network affiliates was
about to expire. As you know, the A. F. of M. permitted the
National Plan of Settlement, with its “quotas”, to lapse.

Mr. Arnold had listed “unreasonable restraints designed to
compel the hiring of useless and unnecessary labor” as one of five
restraints which he felt were “unquestionable violations of the
Sherman Act”. Last month, w'ith this type of restraint at issue,
Mr. Arnold was reversed by the Circuit Court of Appeals in New
York City. A few days later, with this same type of restraint at
issue, Mr. Arnold was reversed by the Supreme Court. Previously
he had been reversed on most of his other types of labor prosecu¬
tions.

In the New York case, Mr. Arnold had prosecuted the truck
drivers’ union for requiring out of town trucks to put on an extra
driver from the New York local when they' entered New York and
for requiring payment of New York local members for unloading
out of town trucks whether or not they actually did the unloading.

The truck owners resisted these demands but the union forced
its claims upon them in some instances by actual violence to their
drivers and trucks; and some by threats of such violence; and
others by persuading receiving clerks not to receive the loads. At
times the truck owners refused to allow the New York union
members to have any part in the handling of their loads ; more
often they let them do some of the unloading; but in almost all
cases they were forced to pay a full day’s wage.

Mr. Arnold accused the union of violating not only the Sherman
Act, but the Anti-Racketeering Act as well. Judge Learned Hand,
however, turned Mr. Arnold down on both counts. There was
no violation of the Sherman Act, he said, “for there is no evidence
of any concerted agreement to fix the price of trucking, or of the
commodities carried ; nor was there any evidence that the action
of the accused had, in fact, affected those prices”.

Nor was there any violation of the Anti-Racketeering Act (ex¬
tortion), Judge Hand said, because “if the employ'ee in good faith
actually proffers his services, it is the same whether or not they
are accepted”.

“The position of the accused, when the operators refused to
employ them, was like that of ‘stand-by’ orchestras, so called”,
Judge Hand added. “If a conductor brings an orchestra from
outside into the territory of a union powerful enough to coerce
him he must either employ local musicians in their place, or pay
an amount equal to their aggregate wages if they had played. In
such cases it may be doubtful whether the local players can, in
fact, substitute for the outsiders, and that might condemn them;
but there was no such doubt here, for the accused were competent
drivers.”

In the Supreme Court, the decision of District Judge Sullivan of
Chicago was upheld, without comment, in Mr. Arnold’s case
against the common laborers’ union. Mr. Arnold had prosecuted
this union for requiring Chicago contractors to hire “stand-bys”
when concrete mixers were used. The union made the contractors
hire as many “stand-bys” as there were men replaced by the mixers.

“I am of the opinion that defendants (the union), under such
circumstances, are immune from prosecution under the Sherman
Act by reason of the provisions of the Norris-LaGuardia Act which
enlarges the scope of section 20 of the Clayton Act,” Judge Sulli¬
van said.

After pointing out that no labor union could be prosecuted for
“normal, legitimate and lawful activities” Judge Sullivan added:

“Such normal, legitimate and lawful activities of a labor union
include the calling of strikes, or threatening to call strikes in order
to obtain their demands, as in the present case, a demand against
labor-saving devices which will displace their members or, in the
alternative, the demand that if the labor-saving device is used, the
same number of men be employed as if the other type of mixer
were used. These are legitimate and lawful activities which a labor
union is permitted to carry on in an effort to maintain employ¬
ment and certain working conditions for its members, and restraint
of trade or commerce attendant thereon, is only indirect and inci¬
dental.”

Last month, the New York Court of Appeals enjoined the
stagehands’ union (I.A.T.S.E.) from striking at theaters against
“Opera On Tour,” a touring opera company using mechanized
musical accompaniment. The stagehands issued the strike order
at the request of the A. F. of M. The New York court held that
the strike issue was not a legitimate labor dispute. This decision
may prove to be of far reaching importance.

A. F. OF M.

Only a few local incidents have marred eight months’ peace¬
ful relationship between the industry and the American Federation
of Musicians (A. F. of L.).

Quite a few local contracts expired in January, and in some
instances local demands for increased employment or expenditure
for musicians led in several instances to temporary withdrawal of
the musicians or withdrawal of name bands for network sustain¬
ing programs. Most of these situations have long since been
straightened out, although a few were still pending when this
report was prepared.

In the middle west, at least one local took a cue from Chicago
and St. Louis, and demanded the employment of platter turners.
Platter turners are union musicians whose sole duty is to place
phonograph records or transcriptions on turn-tables, turn them
and remove them. In the larger Chicago stations they are paid
$90 for a 2S-hour week.

The networks last winter made new contracts with the union
covering staff musicians in New York and Chicago. The new
agreements provided a wage increase. The networks refused to
agree to the union’s demand that they would not furnish music
to affiliates declared “unfair” by the union.

A. B. T. U.

The Associated Broadcast Technicians Unit of the International
Brotherhood of Electrical Workers (A. F. of L.) has continued its
organization drive throughout the country with a great deal of
success. This union said April IS that it had contracts covering
technicians at 150 stations, while organization or negotiations were
underway in at least 75 others. The NAB labor relations director
has assisted dozens of stations in negotiations with this union.

AFRA

The American Federation of Radio Artists (A. F. of L.) has been
so busy during the past eight months with projects previously
undertaken that it has not expanded its territory to any considerable
extent.

Last fall, the issue of whether Chicago staff announcers should
receive extra pay for local commercials was settled by mediation
and compromise. Those making $75 or more a week staff salary
are permitted to do a specified number of local commercials with¬
out extra compensation. This issue was so complicated by its

place in the general AFR.\-network relationship that, at the same
time, the commercial code was renewed until 1943; the sustaining
talent agreements were renewed, with modifications; and NBC
renewed its New York staff announcers’ contract.

The “Chicago Formula” for payment of staff announcers is one
of four now in effect. NBC at some of its managed and operated
stations outside of New York and Chicago has agreed to turn
over to staff announcers all talent fees it collects. CBS at some of
its managed and operated stations outside of New York and Chicago
has agreed to pay specified fees for local commercial announcing
outside of regular hours. In New York, the networks pay speci¬
fied fees for all commercials, local and network.

Negotiations toward an AFRA transcription code, covering
actors, announcers and singers on transcribed programs, have
continued throughout the winter and spring.

lATSE

The International Alliance of Theatrical and Stage Employees
(A. F. of L.) maintains it has certain jurisdiction in television, but
the v'arious jurisdictional issues in this field have not yet come to
a head. This union last month also laid claim to network sound-
effects men — a claim disputed by AFR.^.

ACA

The .American Communications Association (CIO) continued to
confine to the larger metropolitan centers in the northeast its efforts
to organize technicians, announcers, salesmen and office help. The
ACA now has contracts in Washington, Baltimore, Philadelphia,
New York City and Buffalo.

Last winter, all broadcasting members were shifted from other
locals to Broadcast Local 1, headed by Leonard Ohl of Philadelphia,
and an organization drive was announced. Joseph Selley succeeded
Mervyn Rathborne, resigned, as .\C.\ president.

ANG

The American Newspaper Guild (CIO) did not enlarge its
activities in the broadcasting field.

LABOR ON THE AIR

When the NAB Code of Program Standards was adopted two
years ago, we were pretty sure that we could count on an unquali¬
fied endorsement from organized labor.

We had said that broadcasting stations were obligated to carry
labor programs when they served the public interest. Time should
not be sold for such programs. All parties to any controversy
raised in a labor program should be afforded an equal opportunity
before the microphone.

In other words, when a national labor issue of importance arose,
a nation-wide network was obligated to give the justified amount
of network time for discussion from all veiwpoints.

When a labor issue of local importance arose, a local station was
obligated to give the justified amount of its time for discussion
from all viewpoints.

Time should not be sold for this discussion because the employer
ordinarily could out-buy the union, and thus weight the argument
in his favor. That wouldn’t be fair play.

It turned out that labor wasn’t with us, 100 per cent. A great
majority of labor leaders, however, have given the code their
enthusiastic support. We have heard nothing but praise of the
national network policy in regard to the amount of time accorded
labor leaders and government officials dealing with labor problems.
The National Broadcasting Company alone had 43 labor talks

[9]

on the coast-to-coast network last year. William Green gave
six of these; John L. Lewis, five. The Columbia and Mutual
Broadcasting Systems carried about the same number.

Locally labor has fared well under the code. Let me cite an
instance:

Out in Cincinnati, about 20,000 of those who work in town live
across the Ohio river in half a dozen Kentucky communities.
LTntil last fall, they commuted by two bus lines. One of these
lines had a closed shop contract with the “Amalgamated.” an
A. F. of L. union of bus drivers and street car employees. The
other had a closed shop contract with the “Brotherhood,” an
independent union of bus drivers and railroad employees. The two
lines merged. A jurisdictional strike resulted. Service stopped
completely. Taxis were at a premium. Thousands had to walk
to work.

The issues in jurisdictional strikes are often confused and difficult
for the general public to understand. And so L. B. Wilson, man¬
ager of Station WCKY, asked representatives of the two unions,
the merged companies, government conciliators, and the city man¬
agers to sit around the microphone together, to explain the issues
from their respective viewpoints.

Only the bus companies turned down the invitation. They said
they would not have enough time before the broadcast to prepare
their case.

The program was an outstanding success. Ideas were developed
that aided materially in the settlement of the strike.

,\fter the forum program, Mr. Wilson assigned several of his
best new's analysts to “cover” the strike. On a news basis, state¬
ments from all sides were carried as they were issued.

After the strike eventually w’as settled, the station reported to
us:

“We found both the companies and the unions willing to co¬
operate in acquainting the public with the facts, and there was
not a single case of objection by the unions, companies, or the
listening public to the way our strike broadcast and our strike
news was handled.”

The forum type of program is not the only proper medium for
a labor broadcast. It is an extremely fair means of presenting
the issues and the arguments of all parties — because all sides reach
the same audience — and round table discussion is often more fruit¬
ful than set speeches. A forum makes a good show', too. Labor
leaders — and others as w'cll — too often arc inclined to forget that
it takes show'manship to build and hold an audience.

There have been only tw'o outstanding complaints against the
operation of the code from labor quarters. They w'cre much alike.
Both came from the C. 1. O. Both resulted from the refusal of
stations to continue C. I. O. local “new's” broadcasts for which
C. 1. O. unions bought time. The first w'as in 1939, against a
small station in Akron, Ohio. The United Rubber Workers, a
C. I. O. affiliate, had been broadcasting news and views about
local labor troubles for some time. After the code went into effect,
the station exercised a cancellation clause in its contract w'ith the
union, maintaining rightfully that sale of time for discussion of
controversial issues would constitute code violation. As a display
of good faith, the station staged a forum program to discuss the
rubber W'orkers’ contention that the code was “unfair to organized
labor” and union representatives took part. They refused the
station’s offer, however, of free time to discuss their problems
from time to time, as the public interest w'arranted. Last fall, a
San Francisco station refused to renew an expired contract with
the local C. 1. O. council for a similar program. Not only the
station directly involved but all other stations in San Francisco
offered the C. 1. O. free time, as the public interest warranted, to

discuss labor questions of general public interest. To date, this
offer has not been accepted. In both instances, the C. 1. O. unions
complained to the Federal Communications Commission. The
Commission informed them that there was nothing in the Com¬
munications Act of 1934 to require a station to accept any program.

Most of the other complaints — and they have been few — have
arisen from differences of opinion between local labor leaders and
station managers over the air-worthiness of programs or speeches
proposed by the labor leaders.

For instance, a local business agent is conducting a strike in¬
volving 200 factory employees in a city of 150,000 population. He
has a great deal to say about the situation and he w'ants to tell the
whole w'orld, too. And so he goes to the manager of a 50.000-watt,
clear channel station that serves not only the 150,000 city dwellers
but farmers 100 miles around and asks to buy or get free time
to air his views. The station manager informs him that he cannot
buy time, under the code, and that he regrets he cannot give aw'ay
the time, either, because that station's far-flung audience or a
good share of it just w'ouldn’t be interested in hearing about the
merits and demerits of a small strike.

On the other hand, the size of a strike certainly is not the only
criterion for a broadcaster in determining w'hether it should be
discussed on his station. A strike of three employees in a power
plant w'hich threw a community into total darkness would surely
be of prime public interest.

In this connection, the NAB code manual says:

“The broadcaster w'ho denies time to a labor leader or organiza¬
tion solely because the broadcast might “stir up trouble” or disturb
the status quo is treading dangerous ground.

“Of course, no broadcaster would permit his facilities to be used
to incite to riot or bloodshed. When a broadcaster is in doubt
on this score, after reading the proposed script, he might well
consult the proper police officials.

“On the other hand, the opinion of an employer that a labor
program dealing w'ith his employees would be “dangerous” should
be considered for just w'hat it is worth. It is certainly not for the
broadcaster to decide that labor unions are good or bad, and
give or refuse to give them time accordingly.

Not long ago, the NAB labor relations director helped to arrange
for a national network program for a labor leader who had made
his first request for time. First, he was surprised that he received
it, and received it so promptly. Then he submitted his script. In
it, he quite strongly attacked three of the largest industrialists in
the country. The network lawyers looked it over, found no libel,
and gave it their O.K. The labor leader was amazed.

“Do you mean I can say all that?” he asked.

We think labor is getting a pretty good break on the air.

Just a few weeks ago, the International Ladies Garment Workers
Union (A. F. of L) raised a new question which was immediately
referred to the Code Compliance Committee. This union had
prepared and used with a great deal of success on several stations
on a commercial basis a dramatic serial type of program, frankly
loaded with propaganda about the benefits of union membership.
In one city, all stations refused to accept the serial on the ground
that its acceptance would constitute Code violation. The union
wanted to know what\ our attitude was. The union maintained
it had as much right to sell union memberships by advertising
on the air as had a soaplfirm to sell soap.

Respectfully submitted,

/ Joseph L. Miller,

/ Director of Labor Relations.

Public Relations

At the request of the War Department, Ed Kirby, NAB Director
of Public Relations, was given an indefinite leave of absence by
the Board of Directors to establish a radio department for the
Army. As Chief of the new Radio Branch, Mr. Kirby reports
directly to Major General Robert C. Richardson, newly appointed
Director of Bureau of Public Relations of the War Department.

A full description of the organization and functionijig of the
new radio branch follows this annual report on the N.'iB’s public
relations activities.

In 1941, American radio must win its service chevrons in a war
emergency.

It is about to undergo vast economic and social readjustments.

It is already accommodating itself to a war condition in every
aspect of management, programming and of engineering.

The American System of privately owned and competitively
operated broadcasting is facing the most crucial test in its brief
but brilliant twenty year record.

Such a thought underlies the deliberations of every broadcaster
in attendance at this, the nineteenth annual convention of the N.4B.

It is pertinent, therefore, that we prepare at once for a new
order of things.

For every consideration of self-interest must be submerged in
service to the national defense.

No other industry has a more important mission for no other
industry reaches such vast audiences of people — and with the
spoken word — directly and immediately from the scene of action
or from the seat of government.

Radio has a twofold mission: to keep the nation informed, and
to inspire a lo^'alty of country, a pride in the Army and Navy,
as the facts warrant.

Its mission, also, is to keep open the channels of trade and
commerce, and thus justify its economic existence; to interest
and retain large audiences of people before their ioud speakers that
maximum numbers may be reached instantly, when information
must be relayed to the civilian population without loss of time
or coverage — and thus justify its social being. The one makes
possible the other.

It must, in addition, continue to provide opportunity for the
expression of honest diversity of opinion and ideas in accord with
the democratic principles we are defending, that truth and the facts
may come out, upon W'hich we may base a course of common
action .

.^t the same time, the microphone must be denied to those w'ho
would foul its naturally simultaneous unifying character by pro¬
moting social, racial or religious strife and discord; it must be
denied those whose alien-inspired demands for broadcasting time
are for no other purpose than the promotion of civilian and
military hysteria and confusion.

Fortunately, this country has seen examples of both types of
broadcasting at work abroad.

Again we know that w'hat does not go into the microphone is
as important as what does.

This is not censorship.

.After all. such a diversity of expression w’as permitted in Eng¬
land, that the British government changed hands in the midst of
the most serious war it has faced since the signing of the Magna
Carta.

This is the democratic w'ay of finding fault and placing respon¬
sibility.

But this is quite a different thing from the use of democratic
channels of mass communication by those whose only purpose in
invoking the right of freedom of expression is to destroy it; whose
only purpose in invoking the right of freedom of worship is to
kill it ; w'hose only purpose in using our democratic rights and
media is to further advance the ruthless march of those who have
no friendly inclinations toward us or toward our institutions.

In a war, every radio transmitter is a military objective, and
their control and use a military and political achievement.

What is to be done about it?

This is the question .American radio faces at this convention, and
will continue to face tomorrow, next week and next year, and
perhaps for several years to come.

The beginning and end of all radio problems lies in the charac¬
ter and quality of program service broadcast and heard.

The public relations position of any station, of any network or
of the entire broadcasting industry, fundamentally, can be no
better nor worse than the character of program service heard by
those served.

Through no other means can we create a story to tell, for pro¬
gram service is the story. .All else is secondary.

Public relations activities which do not permeate the daily radio
program structure, or which are not directly and completely in
accord — each with the other — visibly and audibly embarrass broad¬
casting, which may be heard and checked by friend or foe, eighteen
hours the clock round.

Broadcasting has earned and can continue to earn public con¬
fidence through no superimposed public relations program which
is not imbedded in actual program structure and in program im¬
provement, artistic, social and technical.

It is time we start our public relations thinking in the program
department. In the critical days ahead, new and greater demands
are going to be placed upon the limited hours available for broad¬
casting. How we use time and talent is all important. Each
program, whether musical, entertainment or otherwise must serve
some useful purpose. Each day’s schedule must be balanced to
serve the war-emergency needs of our civilian population, urban
and rural, hungry for news, in need of diversion and entertain¬
ment. seeking information, relaxation and inspiration from their
radio sets. These have been the goals of our operating policies
in normal times; they become absolute necessities during times
of the war emergency.

There is immediate need for a broader interchange of informa¬
tion, ideas and experiences among all stations through the NAB.
There is immediate need for a broader coordination of program
effort, for an expansion of contact work with press and other
media, and among all social and governmental agencies, telling,
interpreting, designing the story of radio. There is immediate need
of a central N.AB clearance agency that, from the ever-increasing
multiplication of demands, program priorities may be established
so that prime time is available for prime purposes; that the right
time is not given to the wrong person or group.

There is immediate need for considering call of a second, but
different, NAB convention in the months of June or July, to which
management should send those responsible for programs, for news
and for special events broadcasting, in order that these specialists,
immediately concerned, will have opportunity to exchange and
establish programming and news policies, commercial and sustain¬
ing, needed in the emergency we now face. .Ample precedent exists
for such a practical and intelligent separation in our older sister
media: the American Newspaper Publishers .Association who con¬
vene once a year — a management convention — and the .American
Society of Newspaper Editors who convene, separately, once a
year — a convention of news specialists employed by management.

Since its inception three years ago, the Public Relations De-

partment has taken the position that so-called industry-wide
public relations begins from the grass-roots np: that a radio
station must serve the local needs of its community in accord
with power, policy and income position, and in like fashion, a
national network must serve similar interests in the national
community. That, therefore, to the individual station or network
is attracted every social, religious, educational, civic, political,
labor and economic interest within its sphere, — the yardstick of
local and national “public interest, convenience and necessity.”

That if these interests are honestly served and fairly balanced,
the station or network has solved its own public relations prob¬
lem. But that if an individual operation fails to recognize, bal¬
ance and serve such social and economic interests and differences
in its field, it has created a problem of public relations not only
involving itself — from possibly regulatory, and perhaps economic
and social standpoints — but it has also created ill-will for the entire
industry.

For, unlike in the newspaper field, where an individual paper
may be singled out for unfairness and cited for editorial distor¬
tion, what the individual radio operation does wrong is, some¬
how, seized upon as typical of all. Condemnation comes down,
not upon the heads of the few, but upon the heads of the many —
the whole structure.

Radio is no stronger in the public mind than its weakest
operation.

Herein lies the basic reason for a program of self-education on
the one hand, and an expanded public relations operation on
the other.

Freedom of the Air

Throughout the past year a consistent effort has been made to
drive home the importance of a free American radio. The cam¬
paign was inaugurated at the San Francisco Convention where a
placque symbolic of freedom of the air was dedicated at the Golden
Gate Exposition, with simultaneous ceremonies at the New York
World’s Fair, each ceremony being the occasion for a three network
broadcast in which several hundred independent stations participated
as well.

It is gratifying to report that both the concept and the phrase
“freedom of the air” have now become part of the language of the
day. Seldom does any prominent speaker fail to include “freedom
of the air” where “freedom of the press”, “freedom of religion”
and “freedom of the individual” are discussed.

At Radio’s Twentieth Birthday Party held in the Hotel Willard,
Washington, last November, both President Roosevelt and Wendell
Willkie congratulated the industry for its fairness in the heated
presidential campaign, and declared that a free American radio
must continue to rank alongside a free .American press as corner¬
stones of American democracy.

Continuing Benefits of the Code

The industry continues to receive social and commercial benefits
from the operation of the N.AB Code. This will be especially
marked during the development of the war-emergency.

The development of the George Foster Peabody Awards for Pub¬
lic Service Broadcasting was one of the public relations highlights
of the year.

Reflecting the public relations position over the past year of the
radio industry in important related fields, are the following reports
representative of outstanding national organizations and social
groupings;

From the American News Publishers Association;

My feeling is that relationships bctw’ecn newspapers and radio
have constantly improved in recent years. They should continue
to improve with better factual understanding on both sides of
the tasks involved in each of these fields of endeavor. I cannot
speak too highly of the attitude displayed by the officers and
staff of N.AB in their consistent effort to promote such under¬
standing. The N.AB office has been both attentive and efficient

in meeting every request for information w'hich I have had
occasion to make as chairman of ANPA’s radio committee.

John S. Gray, Retiring Chairman,

ANP.A Radio Committee.

From the United States Commissioner of Education:

Education by radio is becoming increasingly effective through
the combined efforts of broadcasters and educators. Information
being received by the Federal Radio Education Committee indi¬
cates that broadcasters throughout the country are adhering to
the pronouncements in their Code by generously offering time
and facilities to schools, colleges, and universities. This fact is
substantiated by reports from the Educational Radio Script and
Transcription Exchange, of the FREC, which each year offers
practical services to approximately 15,000 educational and civic
radio groups, many of which are w'orking in close cooperation
with their local broadcasters. Experimentation in the studio, the
classroom, in listening groups, and in radio workshops is con¬
stantly creating programs and methods of utilization which are
making radio a truly scientific aid to learning. Forums of the
air, schools of the air, and news analyses organized and produced
locally, regionally, nationally, and even internationally are but a
few examples of the important contributions radio is making at
every level of education.

Radio is our most instantaneous medium of mass communica¬
tion. Its tremendous powers are being harnessed to the task of
preparing our people to face unflinchingly the exigencies of the
critical days ahead. People must have the facts upon which to
base their judgments. Never in the history of our country has
there been a greater need for clear and intelligent thinking.

Dictatorships strike with the speed of one man’s decisions.
Democracies act with the approval of the majority. Learning
processes must be speeded up — education for democracy must go
into high gear. Radio is playing an important part in meeting
this great challenge.

J. W. Studebaker,

U. S. Commissioner of Education.

From the National Council of Women:

Women have become increasingly aware of the importance of
radio in shaping public opinion. They have seen how radio has
been used by the dictators to pave the way for the conquest of
nation after nation. They realize fully that a propaganda offensive
against the United States is now being waged from abroad in an
attempt to spread confusion, to create disunity and to induce
paralysis of thought and action in the United States. They know
that the unremitting barrage of words hurled over the ether at
tire Western Hemisphere is aptly described by the Nazi propa¬
ganda machine as “bombs for the mind.” And because of their
complete understanding of the technique being used to under¬
mine our national morale and unity, American women turn with
renewed confidence to their own American system of broadcast¬
ing for the truth. They know that the Code adopted by the
National Association of Broadcasters insures an impartial pres¬
entation of controversial issues and that the news presented by
American broadcasters is not tinged with propaganda.

They are indebted to the radio industry for keeping faith with
the American people, and enabling them to keep informed. A
nation armed with the truth can face the problems which confront
it with confidence, courage and a determination to move together,
as a united people.

Freedom of radio, then, along with freedom of speech, of wor¬
ship, of assembly and of the press, is a sacred trust American
women will guard zealously to preserve. And when in the future,
a just and honorable peace will have been won, they look to radio
to strengthen the bonds of international friendship and to help
build a world in which the Golden Rule will again prevail.

Mrs. Harold Vincent Milligan, President.

From the Radio Council on Children’s Programs:

Under the joint sponsorship of the National Association of
Broadcasters and the Radio Council on Children’s Programs, with
a grant of $1,500, a survey was undertaken in 1940 to further
implement the standards on children’s programs as set forth in
the Code, adopted by the industry in 1939. As Vice Chairman
and field representative /of the Council, I contacted 516 stations
in 168 cities in 39 states, assembling data on children’s programs
and holding conferem^s with 5,000 club and civic leaders and
1,200 radio executive/. The tour covered 23,500 miles in Syi

months, during which time 54,000 copies of the Code Manual and
the “ABC of Radio” were distributed, through 89 conferences and
62 broadcasts over major stations.

The findings of the survey have been incorporated in a report
that is available to broadcasters, advertisers and lay groups. It
reveals that in the area checked there are 1,479 programs or pro¬
gram series, 12% of which are transcribed; 48% network series;
and 40% local originations. There is an average of 4.S programs
per station contacted; 8.8 programs per city, and 37.9 programs
per state visited. 24.2% of these 1,479 programs are sponsored,
and 75.8% are sustaining. There are 22 stations out of 372 that
carry no children’s programs. Local programs are broken down
into about 19 classifications with numerous variations.

It is most encouraging to note that the broadcasters indicated
their sincerity and good will by a 100% response to the survey
and its local requirements of cooperation and effort. Furthermore,
by the ample opportunity that travel by car offered, hours of radio
listening in each area confirmed the fact that Code compliance is
e.vcellent. There is no doubt that when the condition of the
children’s program field is fully understood, the broadcasters will
make a determined effort to remedy indicated weaknesses. Already
many stations are setting up better standards and new programs,
and are cooperating with local councils or committees that are
functioning toward a better understanding of radio. An intelligent
industry and listening audience will maintain the American System
of Broadcasting to the end that it exemplifies democracy and the
essence of freedom.

Mrs. Dorothy Lewis, V/ce Chairman.

From the Federal Council of Churches of Christ in
America :

The wise course charted by the National Association of Broad¬
casters in adopting the broadcasting Code has resulted in self¬
regulation and has removed any existing reasons for external
regulation. For this accomplishment on the part of American
radio, we are indeed grateful and watch with ever-increasing
interest the steady growth of program standards at a ’ time of
national and world-wide uncertainty.

Dr. Frank C. Goodman, Executive Secretary.

From the National Council of Catholic Men:

Having made a survey of religious broadcasting by Catholics
only a few months ago, and a similar survey in 1938, there is no
doubt in our mind that radio’s service to religion is expanding.
To that majority of station operators who, conscious of their public
service obligation, acknowledge that religion is a definite and an
important part of the public service, we express our thanks.

But what is to be done about those operators who fail to see
that in contributing good religious programs to their stations, the
religious groups are helping them meet the “public interest, con¬
venience, and necessity” clause of the Communications Act; who
refuse to give sustaining time, or else the less desirable hours of
early morning, for religious programs?

The whole of the radio industry pretty well stands or falls
together in public opinion. Unfortunately, therefore, the broad¬
caster who conscientiously seeks to discharge his public service
obligation stands in danger of suffering because of the defaults of
the less conscientious members of the industry.

If the NAB Code not only forbade attacks upon another’s race
or religion but forbade the sale of time for religious programs;
and if it went further and did the affirmative thing of at least
recommending that all member stations do their best to serve the
religious needs of their respective audiences, additional construc¬
tive benefit would result.

Edward J. Heffron, Executive Secretary.

From National Conference of Christians and Jews:

This year the national radio networks reached a new high in
effective sustaining programs. The increasingly better quality may
be due in part to the friendly competition in excellence, the rivalry
in “good works” which radio in the American way produces. It
takes several entries to make a good horse race. The privately oper¬
ated radio systems, and the strong independent stations, struggle
for the blue ribbon listening audiences. This set-up, by the way.
is one reason for the superiority of democratic as compared with
totalitarian radio.

An effect of this competition is the demand for good program
content made upon public service and educational organizations
which appeal for free time. A higher standard in program offerings
is required of these organizations. Better showmanship, in the

refined sense of that term, is now as characteristic of sustaining
programs as of commercials.

The National Conference of Christians and Jews has never been
denied time by any broadcasting system when it had programs to
offer which were up to the standards that the American listening
public now demands. This, we think, is a tribute to NAB as well
as to the individual network companies, and to independent stations.

Concomitant with this advance in radio standards there has been
a more intelligent service of the radio corporations in advising
organizations such as ours in the preparation of scripts, the casting
of parts, and the use of proper personalities which together are
factors in effective radio production.

Radio is coming of age.

Everett R. Clinciiy, Chairman.

The Radio Branch of the Bureau of Public Relations
of the War Department

Last January all public relations of the War Department were
re-organized under Major General Robert C. Richardson and placed
directly under the Secretary of War.

The Bureau of Public Relations of the War Department consists
of a Press Branch; a Pictorial Branch, for serving newsreels, motion
picture industry and still picture agencies; a Radio Branch, to
serve radio stations and networks, script writers and commenta¬
tors; a Special Features Branch to serve magazine and feature
writers; and a Press and Radio Intelligence and Analysis Branch.

The Radio Branch is, broadly, divided into two divisions: a
writers section, and a special events division. An Administrative
Executive, Robert C. Coleson, formerly in charge of Radio and
Special Events at the San Francisco Golden Gate Exposition, is
responsible for the assignment and scheduling of work, and the
follow-through on all detail. In the writers’ division, we have
Jerry Ross, as Chief Script Writer, former New York Post news¬
man, free lance radio writer, formerly with Blackett-Sample-
Hummert, and author of a dozen network script shows. Morris
Jacobs, formerly with Benton and Bowes, and with Blackett-
Sample-Hummert, who served as Program director for the Demo¬
cratic National Committee in 1936, and who has had Army ex¬
perience, is another staff writer. Also we have Joseph L. Brechner
who has written the scripts on most of the Army Recruiting Trans¬
cription now on some 700 stations.

In charge of the Special Events Division w'e have Jack Harris,
formerly in charge of News, Special Events and Sports at WSM.
Nashville. As associates, are Brooks Watson, formerly in charge
of News and Special Events for WMBD, Peoria, Illinois, and Ross
Worthington, formerly producer of We, The People, and formerly
with Pathe News. Mr. Worthington is responsible for coordinat¬
ing the pictorial aspects of Army radio special events w'ith the
Pictorial Branch for newsreel and still picture coverage.

i\s liaison with educational broadcasters, commercial and non¬
commercial, is Captain Harold Kent, formerly in charge of Radio
for the City of Chicago Public School System.

As Chief of the Bureau, they report to me, and I, in turn, am
responsible directly to General Richardson.

The following information about War Department programs
and policies will be helpful to members:

1 Clearances of all national network Army programs must be
made through the Radio Branch.

2. Clearance of all commercial shows, local, regional, or national,
who desire to originate from an Army Post, must be done
through the Radio Branch in Washington.

3 It is not necessary to clear with Washington, any local
program of a non-commercial nature. These can be cleared
with the Commanding Officer of the post involved through
the Public Relations officer at the Camp.

4 If you do not know the name of the Public Relations Officer
in your area, it is my suggestion that your program manager
write or phone the Public Relations at Camps so that your
station may have direct and immediate contact with the
Army in your area.

5 .\rmy personnel may appear on commercial programs, pro¬
vided it is done in their own leisure time and in accord, with
their own free choice as individuals. Under Army regula¬
tions, no endorsements or testimonials may be given or
inferred.

6, Commercial programs from Army posts must be preceded
and closed with a disclaimer in language substantially as
follows:

[13]

‘‘The origination of this broadcast from .

(name of Fort or Camp) does not, in itself, constitute an
endorsement by the War Department, or its personnel, of
the product advertised, the origination of the broadcast
from this station being made solely for the entertainment
of the military personnel stationed here.”

7 Army bands may not be used on commercial programs.
.4rmy bands may be picked up by remotes from camps, or
on programs of strictly Army nature, they may now
broadcast from the studios of the stations.

8 Army radio program ideas, or special events features are
offered radio stations and networks purely on their merits
and inherent news interest.

9 The transcriptions now being used by the Recruiting Service
are regarded as its prime radio recruiting requirement ;
additional programs on individual stations are not requested,
but there is nothing to prevent local stations from working
with local recruiting officers in developing special events
programs as the opportunity presents itself.

10 News broadcasters should be especially careful to check un¬
confirmed reports. Definite evidence exists that deliberate
attempts have been made by subversive elements to manu¬
facture fear and hysteria by starting campaigns of rumors
such as epidemics sweeping over camps, hoping for publi¬
cation by air or press. Every rumor and unsupported
“story” should be checked immediately with the Public
Relations officer of the camp. The policy of the Army is
to make all facts available, except those of a stricth^ military
secret nature, or in time of war, such stories as movement
of troops, and the like, which would be helpful to an enemy.

11 The services of the Radio Branch writers division is avail¬
able to any station or wu'iter or advertising agency who
desire to develop material upon which broadcasts may be
based, such as the story of various divisions and regiments,
their battle records, individual heroics and citations, their
battle songs, traditions and story behind their insignia, etc.;
human interest stories; procurement stories — stories showing
the importance of the man on the production line backing
up the man on the firing line; animal stories such as the
training of carrier pigeons; w'omen’s interest stories such
as the new corps of women Lieutenants, Army hostesses,
and Army housekeeping stories, recipes, traveling laundries;
educational stories showing the training of farm and city
boys to be radio operators, machinists, parachute jumpers,
flying cadets; etc.

12. Our Special Events Division can, within regulation, make
arrangements for clearance of broadcasts involving use
of Army planes, equipment or troops. In the forthcoming
Army maneuvers there will be many opportunities for
exceptionally new'swmrthy broadcasts. These maneuvers will
be the largest ever staged by any country in peace-time
history. They will show the result of the intensive training
our new Army has received and will test our combat ability
as a fighting machine.

.411 stations in areas concerned should contact their nearest
Public Relations officers so that advance plans may be
made now. The Signal Corps are ready to render such
technical assistance as may be needed.

13 Before making public commitment to broadcast any local
event of a spectacular military nature, such as blackouts
of a city where use of planes and anti-aircraft artillery
may be contemplated, it would be helpful to all concerned
if a check w'ere made direct with the War Department in
Washington through the Radio Branch, to ascertain if the
use of military equipment will be authorized. One or tw’o
stations have been innocently embarrassed because of giving
advance publicity for the broadcast of events based upon
the over-enthusiastic statements by local civilian groups
or, in some instances, by national guard officers whose
units have not been inducted into Federal service and who
are not authorized to make commitments for regular .4rmy
material or troops. Inquiries may be made by mail, wire
or phone. There is always someone on duty in the Radio
Branch, from 8:1S A.M. Eastern Time, through to 6:30
P.M. Later on these hours will be extended on through
midnight.

The following are authorized to handle telephone in¬
quiries direct with stations:

Robert C. Coleson; Jack Harris; Brooks Watson; Ross
Worthington. The War Department telephone number
is Republic 6700, Washington.

In case of doubt, call, anytime.

14 Captain Gordon Hittenmark, in charge of radio for the
Morale Branch of the Army, is working through the Radio
Branch of the Morale Officers of the camps, so that an¬
nouncers of “early bird morning broadcasts,” on stations
within range of the soldiers in the various Camps, may
procure personal items about the soldiers in camps, etc.,
which fit into the structure of typical early bird shows.

15 Attention of stations is called to days around which great
patriotic interest centers, such as: Flag Day, June 14, the
4th of July, September 14, the day on which Francis Scott
Key wrote the Star Spangled Banner, and November 11,
Armistice Day.

16 A special service is being set up to serve domestic foreign
language broadcasters.

17 The development of such additional programming policies
as may be needed through the war-emergency, will be
cleared directly through the N.4B Code Committee as new
conditions warrant.

The War Department is most grateful for the wholehearted
cooperation it is receiving. General Richardson on many occasions
has expressed his admiration for the public-spirited, patriotic man¬
ner in which the industry is going about the service of national
defense.

To these, may I add my own expression of thanks.

Respectfully submitted,

Ed Kirby,

Director of Public Relations.

Chief, Radio Branch, War Department.

Research

The NAB Research Department has materially expanded its
work since the San Francisco Convention in August of 1940. The
N.4B Board of Directors and the San Francisco Convention ap¬
proved the “Unit Plan For Measuring Broadcast Advertising
Volume” which called for the collection of monthly information
from radio stations giving a list of accounts and products adver¬
tised with basic information on source of business, type of rendi¬
tion, broadcast time, broadcast length and the number of times
per month. The information thus collected was to be tabulated in
terms of time units by classes of accounts to fulfill the need in
the industry for an analytical record of business done which can
be used by the radio industry in selling more broadcast ad¬
vertising.

The approved plan authorized experimental operation to the
end of the year 1940 and asked that appropriation be made to
continue the service until the Research Committee and the Re¬
search Director could recommend a permanent plan of operation.

Membership of the NAB Research Committee is as follows:

William J. Scripps, Chairman — WWJ, Detroit, Michigan
H. M, Beville, Jr., Research Manager, NBC, New York City
.4rthur B. Church, President, KMBC, Kansas City, Missouri
James D. Shouse, Vice President, WLW-WSAI, Cincinnati, Ohio
Dr. Frank N. Stanton, Research Director, CBS, New York City
Theodore C. Streibert. Vice President, MBS, New York City
Lee B. Wailes, Manager, Westinghouse Radio Stations, Inc.
James W. Woodruff, Jr., President, WRBL, Columbus, Georgia
Neville Miller, NABi Washington, D. C.

Paul F. Peter, NAB, Washington, D. C. — Ex officio

The experimental operation has been concluded. “Broadcast
.4dvcrtising Unit Report;” were released for each month, Septem¬
ber through December, 1940. Considerable time was spent in
investigating various rneans of presenting the information and,
for that reason, no definite schedule for the release of information
has yet been evolved. / The September Lmit Report was released
in the N.4B REPORT December 6, 1940. The October LTnit Re¬
port was released January 7, 1941; the November L^nit Report

14]

February 21, and the December Unit Report appeared in the NAB
REPORTS March 21.

On resolution of the Research Committee in meeting January,
1941, notice was given in the December Unit Report that future
reports would not appear in the NAB REPORTS, but would be
sent to only those stations actually participating in the undertak¬
ing. Those stations submitting monthly reports of their business
will receive monthly analyses of broadcast advertising.

BROADCAST ADVERTISING RECORD

Beginning with the January analysis, the Unit Plan will be oper¬
ated under the name “Broadcast Advertising Record”. January
“Broadcast Advertising Record”, published and released in the
week of May 5, is a completely new report — revised — a new
format to increase the value of this sales tool to individual sta¬
tions. The Research Department, in collaboration with the De¬
partment of Broadcast Advertising, considered the direct applica¬
tion of the analysis to the specific station problem. After careful
consideration, it was decided to rearrange the Report, adding
some features and eliminating others which did not have direct
application.

“Broadcast Advertising Record” consists now of three basic
tables. Table I is a detailed analysis of Local broadcast advertis¬
ing. Local business is presented by type of account under both
retail and general advertising and is given in total units for all
stations reporting. In an adjacent column, new figures are pre¬
sented showing average per station. A blank column follows,
headed “your station”, into which the monthly units for each
station can be written in for direct comparison with the average
figures. In the following five columns. Local advertising placed
in five population classifications is presented to give a positive
comparison of the type of business placed in markets of the size
of the station using the “Record”.

Table II presents the same information for national spot busi¬
ness showing by type of account, retail and general, for all stations
reporting with average per station, a blank column to be entered
by the individual station, and national spot business placed in each
of five population groups.

In evolving these tables, it was realized that the sales problem
in securing local broadcast advertising is usually handled within
the offices of the individual station, with a sales manager in
charge and a staff of salesmen making the contacts. Separate
handling of this information, presenting its complete analysis in
one table, increases its value manifold. Similar handling of
national spot business, which, although completely controlled by
the station, is usually handled through the use of branch offices
or national representatives and contact with national advertising
agencies, warranted separate treatment.

The third table presents totals for the entire industry — a con¬
solidation — presenting by type of account Local units. National
Spot units. Regional Network units and National Network units
with a total of the four classifications.

It will be noted in the January “Broadcast Advertising Record”
that a tabulation by type of station has been omitted. .A decision
was reached to eliminate the analysis by station classification
because of its limited value. Separate grouping of clear, regional
and local channel stations has statistical value, but does not con¬
tribute materially to the sales problem of selling within a specific
market. Competition within the industry is seldom confined to
class of stations within a metropolitan area. The real situation is
that local, regional and clear channel stations compete for adver¬
tising business within cities.

The population classifications presented in the January “Record”
were settled upon after considered study. In prior analyses, nine

classifications were used. However, these were regrouped because
it was considered that the sales problems in broadcast advertising
were not materially different in various cities to warrant the
detailed breakdown. The new classification is as follows;

Less than 25,000 population
25,000 to 100,000
100,000 to 250.000
250,000 to 1,000,000
1,000,000 and over

Work is now well under way in the preparation of a master file
by individual advertiser account. The record is started for the
month of January. In the completed file a card will be kept for
each individual advertiser showing product advertised, the stations
used, with type of rendition, time of broadcast and total units.
The reference value of this file will be immediately felt by the
Department of Broadcast Advertising and, as it develops, its value
will assume great importance to participating stations. “Broadcast
.Advertising Record” gives a quick answ'er to the question of the
prospective advertiser, “How' much broadcast advertising is placed
by businesses like mine?” The master file will supply the normal
question which follows, “What businesses?”

The suggestions of the Department of Radio Advertising and
the Research Committee published in the January Broadcast
Adv'ertising Record are quoted here because they sum up the use
of the “Record” in concise fashion. Those suggestions are as
follows:

“1. Fill in your own figures on Tables I and II.

2. See from what sources you get no business or are below
average compared with other stations.

3. Compare your own Record with stations in markets of
similar size and figure your own relative standing.

4. Pick out one or two sources where you are weakest. Con¬
centrate for a time on a special drive to get such accounts,
then later go on to others in turn.

5. Write to the NAB Department of Broadcast Advertising for
general data on specific account classifications, plus success
stories.

6. Call a meeting of your sales staff and department heads to
plan a campaign with specific presentations, using this
Record as a starter to show your prospect how others in
this field are using radio. .Add punch to your presentations
with specific program ideas, announcement campaigns,
success stories, etc.

7. Then let us know what success you have, so that others
may profit, and vice versa.”

OPERATION OF THE “RECORD”

During the experimental period, the Research Department has
experimented with a station reporting system designed to minimize
the work involved in station cooperation. It is termed a “write¬
back” system. Essentially, it involves submitting forms on which
the previous month’s business is typed for the station’s correction
to conform with the current month’s business. A service is rendered
the station by rearranging the accounts in the exact classification
of advertiser used in the “Record”. This furnishes the station an
analysis of its business which may be compared directly with the
“Record” tabulations. Experimentation with this system of re¬
porting has established its value and the Research Committee has
decided to adopt it as standard procedure as soon as a final budget
for the entire operation is adopted,

.At the direction of the Research Committee, the Research Direc¬
tor has entertained bids from various tabulating houses for the
W'ork of machine tabulation. A recommendation will be sub¬
mitted to the N.AB Board at its meeting Monday, May 5. in St.
Louis, on the budget required for the operation of the “Broadcast
.Advertising Record” and the details of how it is to be operated.

URBAN SURVEY

On recommendation of the Research Committee and the Director
of Research, the NAB Board of Directors authorized the publica¬
tion of a “Survey of Urban Radio Listening in the United States.”
The field work of the Survey was conducted by quarter during the
years 1938 and 1939 by the Research Organization, Crossley, Inc.,
for the Columbia Broadcasting System and the National Broadcast¬
ing Company. The method employed in developing information
on radio ownership and listening habits is basically the same as
that used by the Joint Committee on Radio Research in conducting
the Rural Radio Ownership Study published in 1939. Since NAB
was a participant in the Joint Committee on Radio Research and
a party to the publication of the Rural Survey, it was eminently
proper that it sponsor the publication of an Urban Survey to com¬
plete the information on radio listening in the entire country.

On March 24, the publication “Urban Radio Listening in the
United States” was mailed over Neville Miller’s signature to the
NAB membership, principal radio advertisers and advertising agen¬
cies — a mailing list of some 8,000 names. The Survey was received
with great enthusiasm from stations, advertisers and agencies.
Letters to NAB, the Columbia Broadcasting System and the Na¬
tional Broadcasting Company have heralded the Survey as a major
contribution to the knowledge of the broadcasting industry.

Requests for copies of “Urban Radio Listening in the United
States” have just about exhausted the supply available at NAB,
Consideration is now being given the possibility of printing an
additional supply.

A great number of stations, advertisers and agencies have written
for detailed information to CBS, NBC and the N.\B following the
suggestion printed on page 40 of the publication.

METHOD STUDIES

The NAB Research Committee, in addition to the work involved
in the operation of the “Broadcast Advertising Record” and the
publication of “LTrban Radio Listening in the United States,” under¬
took a study of methods used in measuring program audience since
the San Francisco Convention.

The Committee invited the C. E. Hooper Organization to present
to it a report on the method employed in the “Hooper Radio Re¬
port ‘National Returns’ on Radio Programs.” The Hooper reports
are released monthly to subscribers. The method employed is
known as “telephone coincidental.” The method report, submitted
to the Research Committee by Mr. C. E. Hooper and Dr. Matthew
N. Chappell of C. E. Hooper, Inc., shed much light on the opera¬
tion of the telephone coincidental method and sought to establish
the merit of the method in competition with all others employed.

On invitation of the Committee, Mr, Paul West, President of the
.Association of National .Advertisers, arranged to have Mr. A. W.
Lehman, Managing Director of the Cooperative .Analysis of Broad¬
casting, present a report on the method employed for that program
rating service. The CAB method is described as that of telephone
recall. Mr. Lehman delivered a very informative discussion of the
method and showed the results of some exploratory studies of its
operation in comparison to other types of measurements.

It is the intention of the Research Committee to hear further
reports on methods employed in program audience measurement,
preparatory to the preparation of a Research Manual for the use
of the membership in placing or conducting audience measurement
research.

FACILITIES CONTRACT— 4A CONFERENCE
COMMITTEE

The Director of Research was appointed a member, ex officio,
of the 4.A Conference Committee. This Committee was appointed

by the Association to meet with a Time Buyers’ Committee of the
.American .Association of .Advertising Agencies to effect needed
changes in the “standard order blank for spot broadcasting,” pub¬
lished in 1933.

The membership of the 4.A Conference Committee was as follows:

Harry C. Wilder, Chairman, — WSYR, Syracuse, New York
Roy L. Harlow, Vice President, The Yankee Network
Richard H. Mason, Manager, WPTF, Raleigh, North Carolina
Edward W. Petry, President, Edward Petry & Company, Inc.
Frank .A. Seitz, Vice President, WF.AS, White Plains, New York
Dale L. Taylor, Manager, WENY, Elmira, New York
Lee B. Wailes, Manager, Westinghouse Radio Stations, Inc.

Paul F. Peter, N.AB, Washington, D. C.

Russell P. Place, NAB, Washington, D. C. — Ex officio

John Benson, President of the 4.A’s, submitted to Neville Miller,
prior to the San Francisco Convention, a list of points established
by the 4.A Time Buyers’ Committee which were felt needed correc¬
tion in a revision of the standard order blank.

At the first meeting of the N.AB Committee with the 4A Com¬
mittee, it was established that there existed a need for a complete
revision and the NAB Committee undertook the task of drawing
up a new form. The Committee felt that the form should be set
up as a contract, rather than as an order blank, and obtained the
approval of the 4.A’s on this feature.

Numerous meetings of the NAB Committee, alone and in con¬
ference with the 4.A Committee, resulted in the publication, January
7, of the ‘‘Standard Facilities Contract (recommended by N.AB)”.
Publication of this form was pursuant to the instructions of the
Executive Committee of the NAB Board of Directors.

The .American Association of Advertising Agencies objected to
certain features of the Facilities Contract and joint meetings of
the two committees were resumed. After a series of meetings, a
revision of the contract was submitted to the NAB Board and
approved. The new form, labeled “.Agency Contract (recommended
by NAB, March 21, 1941),” was published in the N.AB REPORTS,
March 21.

Subsequent to the publication of the March 21 Agency Contract
form, the 4.A's registered objections to certain features of it. It is
quite apparent that the two Committees cannot reach complete
agreement on the subject. However, the industry has gained
much by the work of the 4.A Conference Committee.

RECOMMENDED INVOICE FORM— FOR THE
ACCOUNTING COMMITTEE

The American Association of .Advertising Agencies indicated
their desire to standardize invoice forms used in station billing
for advertising service. It was pointed out that a wide variety
of forms are employed on which is listed a varying amount and
arrangement of information on the subject of billing, which makes
it difficult for the advertising agency and the radio advertiser
to effectively handle the bills.

The handling of this problem with the American Association of
Advertising .Agencies was originally assigned to the 4A Conference
Committee in conjunction with its work on the “Facilities Con¬
tract.” Considerable progress was made in developing a recom¬
mended invoice form in consultation with the NAB Accounting
Committee. The project was turned over completely to the Ac¬
counting Committee when the 4.A Conference Committee had com¬
pleted its w'ork.

The membership of the N.AB Accounting Committee is as fol¬
lows :

H. K. Carpenter, Cnairman, — Vice President, WHK-WCLE,
Cleveland, Ohio /

S. R. Dean, Assistant Treasurer, CBS, New York City
E. J. Gluck, Presidmt, WSOC, Charlotte, North Carolina
Harr}' F. McKeon, 'Auditor, NBC, New York City

Glenn Snvder. Station Manager. WLS, Chicago, Illinois

Harold Wheelahan, Manager, WSMB, New Orleans, Louisiana

Paul F. Peter, NAB, Washington, D. C., Ex officio

The NAB Accounting Committee is currently reviewing invoice
forms drawn up by the Research Department. The principal
feature of the new forms will be the substitution of a certificate
of performance offered to replace the affidavit of performance
which has been used in the past. Discussions with the 4A Fiscal
Committee have indicated their open-mindedness on the subject,
contingent only on the NAB ability to educate advertisers and
agencies on the significance of station logs.

It is hoped that agreement can be reached with the 4A’s at an
early date, and recommended invoice forms published as a revision
of the NAB Accounting Manual.

CENSUS OF 1940

NAB Research Department has been in contact with the Bureau
of Census during the past year and has assembled a complete file
of census information released to date. Final figures on population
have been released by state and county. Preliminary figures from
the Housing Census have been released on occupied and unoccupied
dwelling units by state and county. The Bureau has started the
release of valuable information to the broadcasting industry on
population of metropolitan areas. The 1930 Census definition of
metropolitan areas has been continued. However, rather than
confine their study to areas of 100,000 population and more, the
1940 releases will include those of population down to 50,000.

Considerable information has been released on the Census of
Manufactures, the Agriculture Census, the Census of Business and
preliminary detail breakdowns of the Population Census.

No information has been released to date on radio ownership
which was obtained in the Housing Census. The original schedule
of the Census Bureau was to start releasing radio figures by state
early in 1941. The work of the Bureau has been such that that
schedule was abandoned and, as nearly as can be approximated now,
the first releases of radio information will not be available before
June. The Bureau of Census has displayed a spirit of cooperation
and Mr. Howard G. Brunsman, Chief, Housing Statistics, Popula¬
tion Division of the Bureau, in a letter dated April 8, 1941, has
indicated that the radio information will be presented in the
following detail:

1. All occupied dwelling units.

2. All owner-occupied dwelling units.

a. White owners.

b. Nonwhite owners.

3. All tenant-occupied dwelling units.

a. White tenants.

b. Nonwhite tenants.

The radio statistics for tenure and race, as indicated above, will
be presented for each of the following areas:

1. All dwelling units in each state.

2. All urban dwelling units in each state.

3. All rural nonfarm dwelling units in each state.

4. All rural farm dwelling units in each state.

5. Each city with 50,000 inhabitants or more, separately.

6. Each metropolitan district, separately.

Statistics regarding radio will be presented in the Second Series
Bulletins for all occupied dwelling units as follows:

1. All occupied dwelling units in each county.

2. All rural nonfarm dwelling units in each county.

3. All rural farm dwelling units in each county.

4. All occupied dwelling units in each urban place.

NAB DAYLIGHT SAVING TIME SURVEY

At the request of the NAB Board of Directors, the Research
Department sent to all stations on March 12, 1941, a Daylight

Saving Time questionnaire. The Survey was designed to develop
information on the experience of the radio industry with daylight
saving in effect in certain sections of the country during summer
months. The questionnaire was sent to 837 stations and replies
were received from 483. This represents a return of 58%.

The Research Committee reported the results of the Survey to
the N,4B Board of Directors.

SURVEY OF PROGRAMS ORIGINATING AT
ARMY POSTS

At the request of the Public Relations Office of the War Depart¬
ment, the NAB Research Department conducted a survey of pro¬
grams originating at army posts. A questionnaire on the subject
was sent to 836 stations on March 5, 1941. The replies were re¬
ceived from 338 stations, a return of 40%. The questionnaires,
as submitted, have been turned over to the Public Relations De¬
partment of the War Department.

MERCHANDISING POLICY AND PRACTICE
SURVEY

On request of the Sales Managers’ Committee and the Depart¬
ment of Radio Advertising, the Research Department conducted
a survey on merchandising policy and practice among a selected
group of stations in the NAB membership to obtain information
on the subject for use at the St. Louis Convention. A preliminary
report on the subject will be made to the Sales Managers’ meet¬
ing at the Convention.

STATION ANALYSIS

As of April 1, 1941, the stations in the Lffiited States and Pos¬
sessions numbered 891. An analysis of these by class of station
is presented by the following table, together with the count of
NAB member stations within each classification. These classifica¬
tions agree with those used by the Federal Communications Com¬
mission in analyzing financial data furnished b}' stations. For
purposes of comparison, figures as of July 15, 1940 are also pre¬
sented.

NAB

NAB

Stations

Member-

Stations

Member-

as of

ship

as of

ship

July 1,

July 15,

April 1,

May 1,

Clear Channel:

1940

1940

1941

1941

Unlimited (50kw)

33

32

37

35

Part-time (50kw)
Unlimited

4

4

4

4

(5 to 25kw) ....
Part-time

11

9

19

15

(5 to 25kw') ....

5

1

11

6

Regional Channel:

Lmlimited (High

Pow’er) .

8

6

LTnlimited (Other)

212

156

218

168

Limited and Dav

67

35

41

21

Part-time .

30

16

24

12

Local Channel:

L’nlimited .

330

168

385

221

Day and Part-time

40

15

48

14

Total .

740

442

787

496

Non-commercial . . .

39

3

37

4

Territorial .

12

4

13

5

Construction permits

56(2-Ter.) 8

54(1-Ter.) 15(1-

Grand Total .

847

457

891

520

[U]

The second analysis of radio broadcast stations by population
of metropolitan district or city appears in the following table.
The information presented here shows the total number of sta¬
tions in each classification as of April 1, 1941 and NAB member
stations as of May 1, 1941. The nine population classifications
agree with those employed by the FCC in their financial analyses.

San Francisco Convention. The aid is a demonstration of the
desire, ability and capacity of the industry to assist the nation
in this period of emergency. Indications are that these duties
wilt increase.

Assistance to various government departments has been in ac¬
cordance with the accepted industry understanding of the American

Metropolitan Districts
(1930 Census)

Operating

Commercial

Stations

Continental

U. S.

Non-Commercial

Stations

Territorial

Stations

Construction

Permit

Stations

Total

Stations

Total

NAB

Total NAB

Total

NAB

Total NAB

Total NAB

2,500,000 and over .

51

23

3

1

0

0

2

0

56

24

1,000,000 to 2,500,000 .

60

46

3

0

0

0

0

63

46

500,000 to 1,000,000 .

44

36

3

0

0

4

2

51

38

250,000 to 500,000 .

95

69

4

2

0

0

3

1

102

72

100,000 to 250,000 .

, . 102

78

1

4

3

10

4

117

85

City and Town

50,000 to 100,000 .

56

36

2

2

1

5 (1-T)

2

65

39

25,000 to 50,000 .

, , , 106

69

1

1

0

7

4

115

73

10,000 to 25,000 .

. , - 164

90

8

1

0

13

1

186

91

Less than 10,000 .

, , 109

48

12

1

5

2

10

1

136

52

—

—

—

—

—

- -

—

—

Total .

, . 787

495

37

4

13

6

54

15

891

520

GENERAL RESEARCH ACTIVITY

In addition to the specific projects mentioned in the foregoing
paragraphs, the Research Department has continued the work of
assembling basic industry data and can report progress since the
San Francisco Convention. The material now at hand has enabled
the Research Department to better serve the various departments
of the Association, the membership, and the many requests re¬
ceived from advertisers, agencies and the general public.

During the course of the last year, the Research Department
has devoted much time to the music copyright problem under the
direction of President Neville Miller.

The Department has rendered research counsel to the Engineer¬
ing Department, the Labor Relations Department, the Public
Relations Department, the Department of Broadcast Advertising,
the Promotion Department and the Office of the Secretary-
Treasurer.

During the course of the last year, the NAB Research Depart¬
ment has been called upon by the membership to a much greater
extent than heretofore for research counsel and general industry
information.

Your Research Director feels that the Association has advanced
in matters of research during the past year. He has enjoyed his
work for the industry and is looking forward to further progress
during the coming year.

Respectfully submitted,

Paul F. Peter,

Director of Research.

National Defense, Listen Before You Vote, Radio’s 20th Birth¬
day and Reallocation were focal points of attention for broad¬
casters and this department since last August.

Continuing aid to National Defense is in line with the Board
of Directors’ “Defense of the Nation” resolution adopted at the

System of Broadcasting. This has resulted in outstanding service
to the country and the economical use of facilities of broadcasters.
In all contacts the fact is emphasized that listening is voluntary,
cannot be commanded; that if stations were to sanction violation
of the listener-interest principle, there would be only one result —
less listening, fewer listeners.

MAN POWER

Through NAB nearly 700 broadcast stations have pledged their
cooperation to secure skilled man power for national defense proj¬
ects by broadcasting Man Power announcements. Through radio
at least 325,000 skilled workers were added to national defense
employment rolls up to .4pril 15, 1941, according to the United
States Civil Service Commission.

NAVAL AVIATION

Procurement of embryo flyers for the Navy continues to be
another service to the nation. According to Captain F. E. M.
Whiting, USN, the announcements have sharply increased the
number of accepted candidates. Because of age, educational and
physical requirements for Navy flyers this is one of the most
difficult and exacting recruiting assignments. On April 10 Captain
Whiting expressed his appreciation of the help the Navy had
received from the broadcasting industry and urged its continuance.

Earlier in the year, broadcast stations throughout the country
cooperated with selective service. They also cooperated with the
Department of Justice in alien registration.

At this writing the Treasury Department has made known pre¬
liminary plans for tl^^e sale of securities to the public. Several
conferences have beenXheld with officials in charge.

Another service which falls into the national defense category
is to provide information concerning various groups, organizations
or individuals claiming th be engaged in or affiliated with national
defense.

Contacts with the Army are handled directly with Ed Kirby,
NAB Director of Public Relations, who has been loaned to the
Army for the duration/ It is anticipated that before convention
time the local recrujting-radio problem will be satisfactorily
adjusted.

RADIO MOVIN’ DAY

Months before FCC released its orders for stations to move to
new frequencies the plan for marshalling the entire radio industry
had been prepared. In actual practice servicemen, dealers, manu¬
facturers, jobbers, utilities, electric associations, educators, civic
groups, governors of states, mayors of cities, all contributed to
the educational and promotional efforts of broadcast stations.

The nature and amount of united effort which taught the new
dial locations to 100,000,000 listeners were presented in the
brochure, “56 Days,” mailed all stations and agencies on March 27.

A unique feature of the campaign was the assistance received
from forty-seven of the forty-eight governors and the Governor
of Puerto Rico. These men issued official proclamations or state¬
ments designating March 29 as Radio Movin’ Day. Proclamations
received wide newspaper publication. In some instances they were
broadcast by every station within a state.

The cooperating governors and the names of the broadcasters
who secured the proclamations on behalf of the radio industry
follow:

Governor Frank M. Dixon, Alabama
Howard E. Pill, WSFA, Montgomery
Governor Sidney P. Osborn, Arizona
Dick Lewis, KTAR, Phoenix
Governor Homer M. Adkins, Arkansas
Ed Zimmerman, KARK, Little Rock
Governor Culbert L. Olson, California
Howard Lane, KFBK, Sacramento
Governor Ralph L. Carr, Colorado
Gene O’Fallon, KFEL, Denver
Governor Spessard L. Holland, Florida
W. Walter Tison, WFLA, Tampa
Governor Eugene Talmadge, Georgia
J. Leonard Reinsch, WSB, Atlanta
Governor Chase A. Clark, Idaho
C. G. Phillips, KIDO, Boise
Governor Dwight H. Green, Illinois
Leslie C. Johnson, WHBF, Rock Island
Governor Henry F. Schricker, Indiana
Eugene C. Pulliam, WIRE, Indianapolis
Governor George A. Wilson, Iowa
J. 0. Maland, WHO, Des Moines
Governor Payne Ratner, Kansas
Ben Ludy, WIBW, Topeka
Governor Keen Johnson, Kentucky
W. L. Coulson, WHAS, Louisville
Governor Sam Houston Jones, Louisiana
James A. Noe, WNOE, New Orleans
Governor Sumner Sewall, Maine
George Kelley, WCSH, Portland
Governor Herbert R O’Conor, Maryland
John Elmer, WCBM, Baltimore
Governor Leverett Saltonstall, Massachusetts
John Shepard, HI, Yankee Network, Boston
Governor Murray D. Van Wagoner, Michigan
John E. Fetzer, WKZO, Kalamazoo
Governor Harold E. Stassen, Minnesota
Earl H. Gammons, WCCO, Minneapolis
Governor Paul B. Johnson, Mississippi
Wiley P. Harris, WJDX, Jackson
Governor Forrest C. Donnell, Missouri
Merle Jones, KMOX, St. Louis
Governor Dwight Griswold, Nebraska
John J. Gillin, Jr., WOW, Omaha
Governor E. P. Carville, Nevada
W. D. Warren, KOH, Reno
Governor Charles Edison, New Jersey
Albert J. McCosker, WOR, New 'Tork
Governor John E. Miles, New Mexico
Ivan R. Head. KVSF, Santa Fe

Governor J. Melville Broughton, North Carolina
Edney Ridge, WBIG, Greensboro
Governor John Moses, North Dakota

F. E. Fitzsimonds, KFYR, Bismarck
Governor John W. Bricker, Ohio

Richard A. Borel, WBNS, Columbus
Governor Leon C. Phillips, Oklahoma
Neal Barrett, KOMA, Oklahoma City
Governor Charles A. Sprague, Oregon
C. Roy Hunt, KOIN, Portland
Governor Arthur H. James, Pennsylvania
Dr. Leon Levy, WCAU, Philadelphia
Governor J. Howard McGrath, Rhode Island
John J. Boyle, WJAR, Providence
Governor Burnet R. Maybank, South Carolina

G. Richard Shafto, WIS, Columbia
Governor Harlan J. Bushfield, South Dakota

A. A. Fahy, KABR, Aberdeen
Governor Prentice Cooper, Tennessee
Harry Stone, WSM, Nashville
Governor W. Lee O’Daniel, Texas
Harold Hough, WB.'VP, Fort Worth
Governor Herbert B. Maw, Utah
S. S. Fox, KDYL, Salt Lake City
Governor James H. Price, Virginia
C. T. Lucy, WRVA, Richmond
Governor Arthur B. Langlie, Washington

H. J. Quilliam, KIRO, Seattle
Governor Matthew M. Neely, West Virginia

Howard L. Chernoff, WCHS, Charleston
Governor Julius P. Heil, Wisconsin
H. H. Born, WHBL, Sheboygan, and
James F. Kyler, Janesville
Governor Nels H. Smith, Wyoming
H. L. McCracken, KYAN, Cheyenne
Governor Guy J. Swope, Puerto Rico
John A. Zerbe, WKAQ, San Juan

Proclamation Statement

Governor Robert A. Hurley, Connecticut
Thomas C. McCray, WTIC, Hartford
Governor Walter W. Bacon, Delaware
J. Gorman Walsh, WDEL, Wilmington
Governor Robert O. Blood, New Hampshire
Earle Clement, WLNH, Laconia
Governor Herbert H, Lehman, New York
Harold Smith, WOKO, Albany
Governor William H. Willis, \'ermont
Charles P. Hasbrook, WCAX, Burlington

In addition to the governors’ proclamations there were 148
proclamations issued by the mayors of cities.

Strong support was accorded Movin’ Day by utilities which
serve a large segment of the entire population. Among them were:

.Appalachian Power Company
Boston Edison

Buffalo, Niagara & Eastern Power Company

California Oregon Power Company

Central Illinois Electric and Gas

Central Illinois Public Service

Cincinnati Gas and Electric

Cleveland Electric Illuminating Company

Columbus (Miss.) Light & Power Dept.

Consolidated Edison of New York
Consolidated Gas, Electric Light & Power Company of
Baltimore

Dallas Power & Light Company

Duke Power Company

Electric Power Board of Chattanooga

Georgia Power Company

Grays Harbor Public Utility District

Indiana Service Corporation

Kansas City Power and Light Company

Kansas Gas & Electric Company

[19]

Kentucky Utilities Compan>-

Los Angeles Bureau of Power and Light

Louisville Gas & Electric Company

Monongahela West Penn Public Service Company

Xashville (Tenn.) Electric Service

New Orleans Public Service

Northern States Power Company (Minneapolis-St. Paul)

Oklahoma Gas and Electric Company

Pacific Gas and Electric Company

Pacific Power and Light Company

Peoples Power Company

Philadelphia Electric Company

Potomac Electric Power Company (Washington, D. C.)

Public Service Company of Colorado

Puget Sound Power & Light Company

Rochester Gas & Electric Company

San Antonio Public Service Company

Southern California Edison Company

South Carolina Electric & Gas Company

Southwestern Gas and Electric Company

Southwestern Public Service

Toledo Edison Company

Virginia Electric and Power Company

Virginia Public Service Company

Western Massachusetts Electric Company

Wisconsin Pow'er & Light Company

Most distributed stuffers but some, such as Virginia Electric and
Pow'er, bought newspaper space, air time and made car and bus
cards available to local stations. One bus company included men¬
tion of the change over in a letter to a list of 100,000 patrons.

The Ohio Bell Telephone Company, Cleveland and Toledo, dis¬
tributed stuffers as did the Southwestern Bell Telephone Company,
San Antonio. In Tampa, the Peninsular Telephone Company
included Movin’ Day stuffers in bills, the practice followed by
Inter-Mountain Telephone Company, Johnson City, Tenn., and
Missouri Telephone Company, Columbia.

The Northwestern Ohio Natural Gas Company, Toledo, was
among the e.vdusive gas utilities which cooperated in Movin’
Day. Assistance was also had from the city of Richmond (\’a.)
Gas and Water Department.

Department stores in many cities, grocery chains and gasoline
and oil marketing companies distributed hundreds of thousands
of leaflets and logs.

Members of the Radio Manufacturers Association supplied sev¬
eral million logs and tens of thousands of window streamers and
a smaller number of window trims. One company scheduled
a page in the Saturday Evening Post.

“LISTEN BEFORE YOU VOTE”

Preparation for the “Listen before You Vote” campaign began
prior to the 1940 NAB Convention. Tempo increased in the early
fall and peaked at election time. The emphasis laid on hearing
both sides of the question resulted in an increase in the stature
of radio. The use of radio is credited with producing the largest
number of ballots ever cast in a presidential election. The 1940
total w'as 49,808,624, an increase of 4,200,000 over the 1936 record.

RADIO’S 20TH BIRTHDAY

Radio's 20th Birthday was celebrated throughout the country
between November 11 and 30, 1940. Station managers and their
personnel proved particularly adept in building interesting pro¬
grams which focused public attention on radio’s contribution to
the American way.

On November 26 the National Radio Birthday Party was held
at Hotel Willard, Washington, D. C. Guests included all members
of FCC, members of the Cabinet, Senators, Representatives and
more than a score of men who had been in radio for twenty
years. Letters were received and read at this birthday celebration
from President Roosevelt and Wendell Willkie.

RADIO CHRISTMAS

The December promotion, “SO Million Radio Sets by Christ¬
mas,” was widely supported. The result is seen in the findings
of NAB’s Research Department that the total number of sets
in operation in the Linked States at the year’s end had increased
to 50.100,000.

Respectfully submitted,

Arthur Stringer.

Broadcast Advertising

From May 1939 to January 31, 1941, the NAB Bureau of Radio
Advertising functioned as an agency to serve the entire industry
in matters relating to the commercial aspects of its business. Lender
the direction of Samuel J. Henry, Jr., this Bureau inaugurated
many services and activities of great value to all broadcasters.
The Bureau was a sub-department of the Association and its
work was largely experimental. The value of the activity was
made so apparent and the demand for enlarged efforts in a com¬
mercial field was so widespread, that consideration had been given
for some time to the affairs of the Bureau.

With Mr. Henry’s resignation on January 31, 1941 as supervisor
of the Bureau, the Sales Managers Committee recommended and
the Board approved, the abolition of the Bureau and the creation
of the Department of Broadcast Advertising as a coordinate de¬
partment of NAB. Frank E. Pellegrin was named and on April 1
he assumed his duties as Director of the newly created Department
of Broadcast Advertising.

Annual Report — Department of Broadcast Advertising

Much of the time since that date has been spent on organization,
the establishment of a central filing system to classify and make
available useful material, in setting up policies and planning a
program of action to be carried out with the assistance of the
Sales Managers’ Committee.

The aims and policies of the Department, as approved hy the
Sales Managers’ Executive Committee, are as follows:

Statement of Aims, Policies and Objectives Department
of Broadcast Advertising, NAB

Recognizing that the whole structure of the American system of
radio is dependent upon the steady flow of revenue from the sale
of commercial time, it shall be the purposes of the Department of
Broadcast Advertising of the National Association of Broadcasters:

1. To promote the use of radio as an advertising medium wher¬
ever and whenever possible. To accomplish this purpose by:

a) Maintaining a constant and practical contact with ad¬
vertising agencies, manufacturers, trade associations;

b) Helping sales departments of member stations sell more
radio time — locally, regionally, nationally.

2. To uncover new, fields for broadcast advertising revenue; to
develop dealer-cooper:kive advertising for radio ; to eliminate dis¬
crimination by advertisers against radio in favor of competing
media; to compile and\publish lists of dealer-cooperative adver¬
tisers, w'ith all helpful data such as percentage of cost shared by
parent company.

3. To gather complete files of success stories on all types of radio
advertising, and make these readily and freely available to all
members; to continue Trade Studies in various fields and dis¬
tribute through the “Results from Radio” series and in other
usable forms. To build' special Sales Manuals on pertinent topics,
such as Real Estate, Department Stores, Automotive, Motion

Pictures, etc.; to build visual presentations promoting the sale of
radio as an advertising medium, for the use of local salesmen of
member stations.

4. To advise new stations in the establishment and organization
of an effective sales department. To develop and distribute effec¬
tive sales formulae; to make practical analyses of all available
surveys; to interpret and distribute these to member stations. To
build a lending library of tested, successful programs and cam¬
paigns, on transcription and in complete sales presentation form ;
to make these freely available to members.

5. To cooperate fully with all other departments of NAB ; to
interpret their work and findings to the sales managers of member
stations; to review and summarize items of significance or interest
to sales managers that originate in the NAB Department of Engi¬
neering, Legal Department, Research Department, the Depart¬
ments of Public Relations and Labor Relations, and the Depart¬
ment of Circulation and Promotion, as well as in such N.\B com¬
mittees as the Code Committee, Program Standards Committee,
etc. To work closely with the Department of Research in carrying
on the Broadcast Advertising Record (formerly the Unit Plan of
Volume Measurement) ; to articulate and explain its functions and
purposes, and to point out its practical apphcation by sales depart¬
ments of member stations through using it as radio’s media record
to increase station revenue.

6. To encourage and give immediate attention to requests for
advice, information or assistance, from stations, advertisers and
potential advertisers.

7. By self-regulation through voluntary and cooperative action,
to forestall and make unnecessary further governmental regulation
of commercial broadcasting.

8. To cooperate with broadcasters, agencies and advertisers to
increase the effectiveness of radio as an advertising medium.

9. To cooperate with broadcasters in various areas in the matter
of agency recognition, with a view to establishing desirable stand¬
ards and exercising wholesome control over such important com¬
mercial considerations as credit, per-inquiry or contingent offers,
requests for free time for disguised commercials, requests for ex¬
cessive merchandising and plus services, etc. ; to persuade them to
maintain ethical standards and to convert them whenever possible
into buyers of commercial time at established rates; to go direct
to clients if necessary to correct agency abuses.

10. To study, evaluate and provide the answers to claims of
superiority by competing media.

11. To compile lists of trade papers and house organs by fields
of interest ; to achieve close cooperation wdth them and to seek
publication of constructive and informative articles on the value
of radio as an advertising medium. To call attention to and make
available all books, articles, speeches and studies of radio as an
advertising medium, wherever and whenever published in any
form. To w^atch, study, interpret and report any significant trends
by consumer groups and by organizations of all sorts that may
affect commercial broadcasting. To build towards a weekly pub¬
lished report to sales managers.

12. To cooperate in the sales promotion work of all types now
being carried on independently by all others interested in radio
as a medium, such as the networks, the national radio sales repre¬
sentatives, the trade publications, etc.; to plan definite objectives
and secure the voluntary acceptance of individual assignments
from this list by each interested agency.

13. To encourage and implement effective public relations work
by sales managers in their respective localities, and to supply them
with material for public speeches and programs before business,
advertising, civic and social groups. To collect all speeches and

articles prepared by members; to make these available to all other
members; to arrange for publication in trade papers and house
organs. To cooperate with schools, colleges and universities to the
end that students of business and advertising may be properly and
fully educated and kept abreast of the effective functions of radio
as an advertising medium.

14. To attend district meetings of sales managers twice yearly ;
once for sales managers only and once in conjunction wdth the
general district meeting; to carry on a year-round program of
field wmrk in cooperation with the Sales Managers’ Committee.
To participate and secure adequate representation of radio at
meetings and conventions of other groups, such as the AFA,
AAAA, NRDGA, ANA, etc. To cooperate along similar lines
through the Sales Managers’ Committee, with local advertising
clubs everywhere.

15. To maintain governmental and informational contacts as
necessary to handle questions and problems involving commercial
radio, submitted to NAB by member stations. To observe and
report on legislation affecting radio advertising.

16. To study and define “Station Promotion” and “Merchan¬
dising”; to make available a study on standards of practice; to
act as a buffer against undue pressure from agencies and advertisers
for exorbitant merchandising services not provided for in the rate
structure.

17. To encourage a standardized, uniform radio contract form
and other forms, and make these freely available to members.
To encourage standardized frequency discounts; standardized
lengths for spot announcements, with classification of stations
according to network affiliation ; standardized rate practices as
to 1-minute ETs, 1-minute announcements, 100-word announce¬
ments, etc. ; to encourage standard practices as to special charges
for ETs or talent charges for live announcements, charges for
network cut-in announcements, etc.

18. To explain and defend the American system of commercial
radio as superior to all other systems ; to make increasingly plain
to the listening public that the preservation of our system depends
upon the ethical and profitable use of radio as an advertising
medium by those who make it possible.

19. To carry on these aims, policies and objectives, plus others
that may be added in the future, through the constant coopera¬
tion w’ith and suggestions from the sales managers of all member
stations, expressed through the district chairman of each of the
17 Sales Managers’ Divisions by proper channels to the Sales Man¬
agers’ Executive Committee, which is recognized as the policy¬
making group for the Department of Broadcast Advertising; and
thus through this modus operandi to carry on the administrative
work of this Department through the united, correlated under¬
standing and effort of all those whose responsibility it is to main¬
tain the unceasing flow of revenue that supports the American
system of broadcasting.

Work done by the Bureau of Radio Advertising since the last
annual report was submitted, and by this Department since April
1, has included the continuation of the “Results from Radio” trade
studies, W’ith printed releases issued on these subjects:

Department Stores (2) Light and Power

Laundries (2) Automobiles

Furniture Stores Drug Stores

Ice Cream and Confectionery Alka-Seltzer

Garden and Field Miscellaneous

Reprints of these studies, available at cost to NAB members,
are being used by over 300 stations in direct solicitations by sales¬
men and as direct-mail promotion pieces with the station’s indi¬
vidual message imprinted. Five thousand copies of each issue

[21]

are printed and distributed. Many direct sales have been reported
by members through the use of this material.

Other sales helps have been furnished in the form of a visual
presentation on “Radio Reaches People”, and special manuals
and reprints on “Radio Advertising by Savings & Loan Associa¬
tions”, “Dealer-Cooperative Advertising”, “Radio for Cleaners &
Dyers”, “Radio for Chain Druggists”, “The Case for Distribu¬
tion”, “The Case for Advertising”, “Building Field Sales Manual”,
and “Sales Administration of Stations”.

Special emphasis in the future will be placed on making this
Department a national clearing house for radio success stories
and other sales helps in all types of business, and much more
of this material will be distributed to the sales departments of
member stations.

Through the Bureau and Department, the radio industry was
represented at many national and regional conventions of groups
and associations important to the business of broadcasting, such
as the Advertising Federation of America, the American Associa¬
tion of Advertising Agencies, the Association of National Adver¬
tisers, the National Retail Dry Goods Association, and others.

Other field work has entailed trips to N.A.B District meetings
and meetings of Sales Managers’ Divisions, and direct selling trips
to call on advertisers, associations and agencies.

The Department has continued its investigation of requests for

free time and for contingent or pre-inquiry deals, and in each
case has enlisted the cooperation of stations and endeavored to
convert the advertiser to the proper use of radio on the basis
of established rates.

Working contacts have been established with several govern¬
mental agencies to render better service to commercial broad¬
casters, and numerous requests from members for special informa¬
tion or assistance have been handled.

Work has been started by this Department in cooperation with
the Department of Research to interpret the “Broadcast Advertis-
TNG Record” (formerly the Unit Plan of Volume Measurement), to
develop this into a practical means of increasing station revenue.
.Already useful when properly applied by sales managers, this record
will become increasingly valuable from month to month as figures
are gathered to show significant upward or downward trends.

At least one meeting of the Sales Managers’ Division has been
held in each district, providing a much-needed opportunity for a
discussion of mutual problems, a helpful interchange of ideas, and
recommendations to NAB, which have found expression in the
statement of aims and policies given above.

Respectfully submitted,

Frank E. Pellegrin,

Director, Department of Broadcast Advertising.

[22]

\> f.-

fc’' ■

lut

I

i

I’l

1626 K STREET, N. W.

WASHINGTON, D. C

Vol. 9, No. 21, May 29, 1941

WHITE RESOLUTION HEARING

The Senate Interstate Commerce Committee’s hearing on the
White resolution has been postponed from Saturday, May 31, to
Monday, June 2, (For the text of the resolution, see NAB Reports,
p. 437.)

WOMEN ENDORSE RADIO

General Federation of Women’s Clubs on Friday, May 23,
adopted the following resolution:

“Weiereas, the system of radio broadcasting e.xtant in the United
States is the most democratic in the world and is the greatest
medium for the preservation of democracy, bring freedom of speech
and the e.xchange of ideas and information directly into the homes
of millions of citizens, and

“Whereas, .American radio through its public service programs
has contributed tremendously to culture and education, not only
in the homes of this great nation, but throughout the world, and
as a vehicle for entertainment has served to maintain high morale
in these times of stress, therefore, be it

“Resolved, that in order to preserve the freedom of radio for the
best interests of democracy, the General Federation of Women’s
Clubs approves and advocates further Congressional study and in¬
vestigation of the problems facing the broadcasting system in this
country and, be it further

“Resolved, that the General Federation of Women’s Clubs be in¬
structed to send a copy of this resolution to the President of the
United States, the secretaries of the Interstate Commerce Commit¬
tees of the United States Senate and House of Representatives, and
to the Secretary of the FCC.”

ASCAP LOSES IN SUPREME COURT

The United States Supreme Court on Monday, May 26, in an
opinion rendered by Associate Justice Black, in Watson, Attorney
General of Florida v. Buck, as President of ASCAP, and Buck v.
Watson, sustained the anti-monopoly provisions of the Florida
statute which was enacted in 1937.

Two cases involving the Florida statute were before the court
for determination. The special three judge lower court had held the
entire 1937 statute unconstitutional on the grounds that several
sections were unconstitutional and that these sections could not
be separated from the remainder of the statute. A second statute
of Florida, enacted in 1939, was held by the lower court to be con¬
stitutional, with the exception of two paragraphs. The two para¬
graphs held unconstitutional by the lower court were one which
prohibited the copyright owner from imposing a license fee on
programs which did not use the material coming under the license
and the provision which requires a combination of two or more
separate copyright owners to afford licensees the option of paying
on a per-piece basis at prices fixed by the individual copyright
owner and filed with the Comptroller of the state. The .Attorney
General appealed from the decision covering the 1937 statute and
from the ruling of the lower court that the two sections of the 1939
statute were unconstitutional. .ASC.\P appealed from the decision
of the lower court holding the 1939 statute to be constitutional

except with regard to the above-mentioned two sections. The lower
court had entered a permanent injunction against the enforcement
of the 1937 statute and the two sections of the 1939 statute on the
grounds that they violated the federal Copyright .^ct and the
federal Constitution.

The Supreme Court reversed the lower court w’ith instructions
to vacate the injunction and to dismiss ASC.\P’s bill of complaint
on the grounds that the monopoly provisions of the 1937 law were
constitutional and that “.ISC.IP conies squarely within the defini¬
tion of the combinations prohibited by Section 1 of the 1937 Act.”
The opinion then points out that, since .^SC.^P is a prohibited
association within the meaning of the 1937 act. the Court is not
called upon at the instance of .4SC.'^P “to pass upon the validity of
other provisions * * + which might cover other combinations

not now before us. It is enough for us to say in this case that the
phase of Florida’s laiv prohibiting activities of those unlawful com¬
binations described in Section 1 of the 1937 act does not contravene
the copyright laws or the federal Constitution.”

The decision leaves both the 1937 and the 1939 statutes in full
force and forever lays at rest .ASC,\P’s contention that the copy¬
right laws granted it and copyright owners special privileges, .\.s
stated by the Court, “This contention is based on the idea that
Congress has granted the copyright privilege with relation to public
performances of music, and that with reference to the protection of
this particidar privilege, combination is essential. We are therefore
asked to conclude from the asserted necessities of their situation that
Congress intended to grant this extraordinary privilege of combina¬
tion. This we cannot do. We are pointed to nothing either in the
language of the copyright laws or in the history of their enactment
to indicate any congressional purpose to deprive the states, either
in whole or in part, of their long-recognized power to regulate com¬
binations in restraint of trade.”

.\ttorneys express the belief that, since .\ssociate Justice Black
wrote the unanimous opinion of the Court, it is proper to consider
that opinion in conjunction with Justice Black’s minority opinion
in the preliminary hearing before the Supreme Court in the same
case in 1939. It W'as in this minority opinion that Associate Justice
Black characterized ASC.\P as “a price fixing combination that
actually wields the power of life and death over every business in
Florida, and elsewhere, dependent upon copyrighted musical com¬
positions for existence.”

Attorneys representing the State of Florida were Tyrus A. Nor¬
wood, .Assistant .''attorney General, Lucien FI. Boggs of Jackson¬
ville, and Andrew' \V. Bennett of Washington, D. C. Thomas G.
Haight represented .4SC.\P.

.\t the same time, the Supreme Court reversed the lower court
in the Nebraska-.'\SCAP litigation (Swanson v. Buck, et al.), in
which the lower court had held Nebraska's 1937 statute to be un¬
constitutional in its entirety. This statute w'as substantially the
same as the 1937 Florida law. The short opinion stated that the
case was reversed and remanded with instructions to dismiss on
authority of Watson v. Buck (the Florida case). The attorneys
representing Nebraska were John Riddell, .Assistant .Attorney Gen¬
eral, and William J. Hotz, Special .Assistant to the Attorney Gen¬
eral, Thomas G. Haight represented .ASC.AP.

(Continued on page 476)
May 29, 1941 — 475

Neville Miller. President C. E. Arney, Jr., Assistant to President

Edward M. Kirby, Director of Public Relations ; Joseph L. Miller,
Director of Labor Relations ; Frank E. Pellegrin, Director of
Broadcast Advertising ; Paul F. Peter, Director of Research :
Russell P. Place, Counsel; Lynne C. Smeby, Director of Engineering

ASCAP LOSES IN SUPREME COURT

(Continued from page 475)

The texts of the decisions follow:

SUPREME COURT OF THE UNITED
STATES

Nos. 610, 611. — October Term, 1940.

J. Tom Watson (Gibbs), individually and as Attorney General
of the State of Florida, et ah, Appellants,

vs.

Gene Buck, individually and as President of the American So¬
ciety of Composers, Authors and Publishers, et ah

Gene Buck, individually and as President of the American
Society of Composers, Authors and Publishers, et ah. Appellants,

vs.

J. Tom Watson (Gibbs), individually and as Attorney General
of the State of Florida, et ah

Appeals from the District Court of the United States for the
Northern District of Florida,

I May 26, 1941,1

Mr. Je’Stice Black delivered the opinion of the Court.

In broad outline, these cases involve the constitutionality of
Florida statutes regulating the business of persons holding music
copyrights and declaring price-fixing combinations of “authors,
composers, publishers, I and I owners” of such copyrights to be
illegal and in restraint of trade.

The American Society of Composers, Authors and Publishers
(ASCAP), one of the appellants in No. 611 and one of the appel¬
lees in No. 610, is a combination which controls the performance
rights of a major part of the available supply of copyrighted popu¬
lar music. The other appellants in No. 611 (appellees in No. 610)
are individual composers, authors and publishers of music con¬
trolled by ASCAP. The appellees in No. 611 (appellants in No.
610) are the Attorney General and all the state prosecuting attor¬
neys of Florida who are charged with the duty of enforcing certain
parts of the statutes in question.

These two cases were originally a single action, in which ASCAP
and its co-parties sought to enjoin the state officials from enforcing
a 1937 Florida statute.^ A federal district court, composed of three
judges under §266 of the Judicial Code, granted a temporary in¬
junction, and this Court affirmed without passing upon the merits
of the constitutional questions involved, Gibbs v. Buck, 307 U. S.
66, A supplemental lull of complaint was then filed, asking that
the three judge court enjoin a 1939 Florida statute relating to the
same subject." On final hearing, the three judge court again en¬
joined the state officials from enforcing any part of the 1637 stat-

' Fla. haws 1637, ch. 17807.

- Fla. Laws 1939, ch. 19653.

476 — May 29, 1941

ute, but granted the injunction only as to certain sections of the
1939 act. 34 F. Supp. 510. No. 611 is an appeal by ASCAP and
its co-complainants from the refusal to enjoin the state officials
from enforcing the remainder of the 1939 act. No. 610 is an ap¬
peal by the state officials from the order granting the injunction
as to the 1937 act and as to certain sections of the 1939 act.

The court below, without passing at all upon the validity of
thirteen out of twenty-one sections and subsections of the 1937
act, held that the remaining eight sections deprived copyright
owmers of rights granted them by the federal copyright laws, and
that the statute must fall in its entirety. This it did upon the
premise that the sections held invalid and the other parts of the
bill were intended by the Florida legislature to form “a harmo¬
nious whole” and to “stand or fall together.” The ultimate
questions involved are such that we must first determine whether
this ruling was correct. We hold that it was not, for the following
reasons.

The Florida legislature expressed a purpose directly contrary to
the District Court’s finding. For w'hat the legislature intended in
this regard was spelled out in section 12 of the Act in the clear and
emphatic language of the legislature itself. That section reads:

“If any section, sub-section, sentence, clause or any part of this
Act, is for any reason, held or declared to be unconstitutional, im¬
perative [sic I or void, such holding or invalidity shall not effect the
remaining portions of this Act ; and it shall be construed to have
been the legislative intent to pass this Act wdthout such unconsti¬
tutional, inoperative or invalid part therein; and, the remainder
of this .Act, after the exclusion of such part of parts, shall be held
and deemed to be valid as if such excluded parts had not been in¬
cluded herein.”

This is a flat statement that the Florida legislature intended
that the act should stand and be enforced “after the exclusion of
such part or parts” as might be held invalid. Unless a controlling
decision by Florida’s courts compels a different course, the federal
courts are not justified in speculating that the state legislature meant
exactly the opposite of what it declared “to have been the legisla¬
tive intent.” But the Supreme Court of F'lorida recognizes and
seeks to carry out the legislative intent thus expressed. Speaking of
a similar severability clause of another statute, that court said:
“The Act as a whole evinces a purpose on the part of the Legis¬
lature to impose a license tax on chain stores and Section fifteen
provides that if any section, provision or clause thereof, or if
the .Act as applied to any circumstance shall be declared invalid
or unconstitutional such validity shall not affect other portions
of the Act held valid nor shall it extend to other circumstances not
held to be invalid. Finder the liberal terms of Section fifteen it
may be reasonably discerned that the Legislature intended that
the Act under review should be held good under any eventuality
that did not produce an unreasonable, unconstitutional or an absurd
result. . . . The test to determine workability after severance

and whether the remainder of the .Act should be upheld rests on the
fact of whether or not the invalid portion is of such import that
the valid part would be incomplete or would cause results not con¬
templated by the Legislature.” Lottis K. Liggett Co. v. Lee, 109
h'la. 477, 481. Measured by this test the court below was in error,
for there can be no doubt that section 1 and the other sections upon
which the court failed to pass are complete in themselves; they
arc not only consistent with the statute’s purpose but are in reality
the very heart of the act, comprising a distinct legislative plan for
the suppression of combinations declared to be unlawful. For as
pointed out by the court below, the sections that were not passed
on arc those which outlaw combinations to fix fees and prescribe
the means whereby the legislative proscriptions against them can
be made effective.'’ Since, therefore, that phase of the act which
aimed at unlawful combinations is complete in itself and capable
of standing alone, we must consider it as a separable phase of the

■* The Court said ;

“There remain: Sections 1, 2-C and 3. in effect declaring ASCAP and
similar societies illegal associations, outlawing its arrangements for license fees,
and |)roscrihing and making an offense, attempts to collect them; Section 7-P
making persons, acting for such a combination, agents for it and liable to the
lienalties of the .^ci; Section 8 fixing the penalties; Section 0 giving the state
courts jurisdiction to enforce the Act, civilly and criminally: and Sections
10-.\. lO-B, 11-A and 11-B, prescribing procedure under it.” 34 F. Supp. 516.
With the possible excei)tion of section 3. nowhere in the course of the opinion
were any of these sections held invalid.

statute in determining whether the injunction was properly issued
against the state officials.

As a matter of fact, as the record stands the right of ASCAP
and its co-complainants to an injunction depends upon this phase
of the statute and is not to be determined at all by the validity or
invalidity of the particular sections which the court below thought
inconsistent with the federal Constitution and the copyright laws
passed pursuant to it. The ultimate determinative question, there¬
fore, is whether Florida has the power it exercised to outlaw activi¬
ties within the state of price fixing combinations composed of copy¬
right owners. But before considering that question it is neces¬
sary that we explain why we do not discuss, and why an injunction
could not rest upon, any other phase of Florida’s statutory plan.

Defendants in the injunction proceedings are the state’s Attor¬
ney General, who is charged with the responsibility of enforcing
the state’s criminal laws, and all of the state’s prosecuting at¬
torneys, who are subject to the Attorney General’s authority
in the performance of their official duties.* Under the stat¬
utes before us, it is made the duty of the state’s prosecuting
attorneys, acting under the Attorney General’s direction, to in¬
stitute in the state courts criminal or civil proceedings. The orig¬
inal bill alleged that the defendants had threatened to — and would,
unless restrained — enforce the 1937 statute “in each and all of its
terms and the whole thereof, and particularly against these com¬
plainants and others similarly situated ... ”, and that as a
consequence complainants would suffer irreparable injury and
damages. The supplemental bill contained similar allegations as
to the 1939 act. Both bills were drawn upon the premise that
complainants were entitled to an injunction restraining all the
state’s prosecuting officers from enforcing any single part of either
of the lengthy statutes, under any circumstances that could arise
and in respect to each and every one of the multitudinous regula¬
tions and prohibitions contained in those laws. In their answers,
the state’s representatives specificially denied that they had made
any threats whatever to enforce the acts against complainants or
any one else. In their answer to the supplemental bill, however,
they said that they would perform all duties imposed upon them
by the 1939 act. The findings of the court on this subject were
general, and were to the effect that “Defendants have threatened
to and will enforce such State Statutes against these Complain¬
ants and others similarly situated in the event that such Com¬
plainants and others similarly situated refuse to comply with
said State Statutes or do any of the acts made unlawful by
said State Statutes.” It is to be noted that the court did not
find any threat to enforce any specific provision of either law.
.4nd there is a complete lack of record evidence or informa¬
tion of any other sort to show any threat to prosecute the com¬
plainants or any one else in connection with any specific clause or
paragraph of the numerous prohibitions of the acts, subject to a
possible exception to be discussed later. The most that can possibly
be gathered from the meager record references to this vital allega¬
tion of complainants’ bill is that though no suits had been threat¬
ened, and no criminal or civil proceedings instituted, and no par¬
ticular proceedings contemplated, the state officials stood ready to
perform their duties under their oath of office should they acquire
knowledge of violations. And as to the 1937 act. the state’s Attor¬
ney General took the position from the very beginning, both below
and in this Court, that under his construction of the earlier act no
duties of any kind were imposed upon him and his subordinates
except with relationship to prohibited combinations of the type de¬
fined in section 1.

Federal injunctions against state criminal statutes, either in their
entirety or with respect to their separate and distinct prohibitions,
are not to be granted as a matter of course, even if such statutes are

* The Secretary of State and the State Comptroller were added as parties
defendant by a “Further Supplemental Bill of Complaint’’ filed October 19,
1939. The ground given by the complainants for adding parties was that cei'i
tain duties were imposed on these officials by the 1939 act. The duties, how¬
ever, required only that certain fees be collected, and not that actions be
brought to enforce the law.

In the course of this litigation. Florida has had three .Attorneys General
The present Attorney General took office on January 7, 1941. and all the pari
ties have joined in a motion to substitute him as a defendant in place of his
predecessor in office. There is no objection to the substitution, and the motion
is granted.

unconstitutional. “No citizen or member of the community is im¬
mune from prosecution, in good faith, for his alleged criminal acts.
The imminence of such prosecution even though alleged to be un¬
authorized and hence unlawful is not alone ground for relief in
equity w'hich exerts its extraordinary powers only to prevent irre¬
parable injury to the plaintiff who seek its aid.” Beal v. Missouri
Pacific Railroad Corp., 312 U. S. 45, 49. A general statement that
an officer stands ready to perform his duty falls far short of such a
threat as would warrant the intervention of equity, .'^nd this is
especially true where there is a complete absence of any showing
of a definite and expressed intent to enforce particular clauses of a
broad, comprehensive and multi-provisioned statute. For such
a general statement is not the equivalent of a threat that
prosecutions are to be begun so immediately in such numbers,
and in such manner as to indicate the virtual certainty of that
extraordinary injury which alone justifies equitable suspension of
proceedings in criminal courts. The imminence and immediacy of
proposed enforcement, the nature of the threats actually made, and
the exceptional and irreparable injury which complainants would
sustain if those threats were carried out are among the vital alle¬
gations which must be shown to exist before restraint of criminal
proceedings is justified. Yet from the lack of consideration ac¬
corded to this aspect of the complaint, both by complainants in
presenting their case and by the court below in reaching a de¬
cision, it is clearly apparent that there was a failure to give
proper weight to what is in our eyes an essential prerequisite
to the exercise of this equitable power. The clear import of this
record is that the court below thought that if a federal court finds
a many-sided state criminal statute unconstitutional, a mere state¬
ment by a prosecuting officer that he intends to perform his duty is
sufficient justification to warrant the federal court in enjoining all
state prosecuting officers from in any way enforcing the statute in
question. Such, however, is not the rule. “The general rule is that
equity will not interfere to prevent the enforcement of a criminal
statute even though unconstitutional. ... To justify such in¬
terference there must be exceptional circumstances and a clear
showing that an injunction is necessary in order to afford adequate
protection of constitutional rights. . . . We have said that it
must appear that ‘the danger of irreparable loss is both great and
immediate’; otherwise the accused should first set up his defense
in the state court, even though the validity of a statute is chal¬
lenged. There is ample opportunity for ultimate review' by this
Court of federal questions.” Spielnian Motor Sales Co. v. Dodge,
295 U. S. 89, 95-96.

Such “exceptional circumstances” and “great and immediate”
danger of irreparable loss w'ere not here shown. Tested by this
rule, therefore, and with the possible exception of that phase of
the statute outlawing Florida activities by combinations declared
unlawful in section 1 of the 1937 act (w'hich we shall later consider
separately), neither the findings of the court below nor the record
on which they were based justified an injunction against the state
prosecuting officers.

In addition to the fact that the situation here does not meet the
tests laid down in the decided cases, the very scope of these two
statutes illustrates the wisdom of a policy of judicial self restraint
on the part of federal courts in suspending state statutes in their
entirety upon the ground that a complainant might eventually be
prosecuted for violating some part of them. The Florida Supreme
Court, which under our dual system of government has the last
word on the construction and meaning of statutes of that state,
has never yet passed upon the statutes now before us. It is
highly desirable that it should have an opportunity to do so.“
There are forty-two separate sections in the two acts. While some
sections are repetitious, and while other sections are unimportant
for present purposes, there are embraced within these two acts
many separate and distinct regulations, commands and prohibi¬
tions. No one can foresee the varying applications of these separate
provisions which conceivably might be made. A law' which is

•'’Cf.. c.p:., Arkansas Corporation Commission v. Thompson. 312 U. S. — .
- Railroad Commission of Texas v. Pullman Co., 312 U. S. — . — ; Railroad
Commission of Texas v. Rowan & Nichols Oil Co., 311 U. S. 570, 575: Thomp¬
son V. ]\IaKnolia Petroleum Co., 309 U, S. 478. 483; Ex parte Baldwin, 291
r. S. bio. 619; Gilchrist v. Interborou^h Rapid Transit Co., 279 U. S. 159,
207.

May 29, 1941 — 477

constitutional as applied in one manner may still contravene the
Constitution as applied in another. Since all contingencies of at¬
tempted enforcement cannot he envisioned in advance of those
applications, courts have in the main found it wiser to delay
passing upon the constitutionality of all the separate phases of
a comprehensive statute until faced with cases involving particu¬
lar provisions as specifically applied to persons who claim to be
injured. Passing upon the possible significance of the manifold
provisions of a broad statute in advance of efforts to apply the
separate provisions is analogous to rendering an advisory opinion
upon a statute or a declaratory judgment upon a hypothetical
case. It is of course conceivable that a statute might be flagrantly
and patently violative of express constitutional prohibitions in
every clause, sentence and paragraph, and in whatever manner and
against whomever an effort might be made to apply it. It is
sufficient to say that the statutes before us are not of this type.
Cases under the separate sections and paragraphs of the acts can
be tried as they arise — preferably in the state courts. .'Vny fed¬
eral questions that are properly presented can then be brought
here. But at this time the record does not justify our passing
upon any part of the statute except, possibly, that phase which
prohibits activities in Florida by combinations declared unlawful.
While the proof and findings in this regard are not as clear and
specific as they might and should be, we nevertheless, under the
circumstances of this case, proceed to this ultimate and decisive
question.

In the consideration of this case, much confusion has been
brought about by discussing the statutes as though the power of a
state to prohibit or regula'e combinations in restraint of trade
w'as identical wdth and went no further than the power exercised
by Congress in the Sherman ,\ct. Such an argument rests upon
a mistaken premise." Nor is it within our province in determining
whether or not this phase of the state statute comes into collision
with the federal Constitution or taws passed pursuant thereto to
scrutinize the act in order to determine whether w'e believe it to be
fair or unfair, conducive to good or evil for the people of Florida,
or capable of protecting or defeating the public interest of the
state.’ These questions were for the legislature of Florida and it
has decided them. And. unless constitutionally valid federal legis¬
lation has granted to individual copyright owners the right to com¬
bine, the state’s power validly to prohibit the proscribed combina¬
tions cannot be held non-existent merely because such individuals
can preserve their property rights better in combination than
they can as individuals. We find nothing in the copyright laws
W'hich purports to grant to copyright owmers the privilege of com¬
bining in violation of otherw’ise valid state or federal laws. We
have, in fact, determined to the contrary with relation to other
copyright privileges.® But complainants urge that there is a dis¬
tinction between our previous holdings and the question here.
This contention is based on the idea that Congress has granted the
copyright privilege wdth relation to public performances of music,
and that with reference to the protection of this particular privi¬
lege, combination is essential. We are therefore asked to conclude
from the asserted necessities of their situation that Congress in¬
tended to grant this extraordinary privilege of combination. This
we cannot do. We are pointed to nothing either in the language
of the copyright laws or in the history of their enactment to in¬
dicate any congressional purpose to deprive the states, either in
whole or in part, of their long-recognized pow'cr to regulate com¬
binations in restraint of trade. Compare Waters-Picrcc Oil Co. v.
7>a'u,s (No. 1), 212 U. S. 86, 107.

Under the findings of fact of the court below, ASCAP comes
squarely within the definition of the combinations prohibited by

^ We have been referred to a recent consent decree against ASCAl’ in the
federal district court for the Southern I.)istrict of New York, the theory being
that the decree might have some hearing upon the state’s power to jiass the
legislation now under attack. Uut it has not. In matters relating to purely
intrastate transactions, the state might pass valid regulations to jirohibit
reNlraint of trade even if the federal government had no law whatever with
refereiue to similar matters involving interstate transact ions.

‘ d he court below conclmled as a matter of law that “enactment of Ihi' said
Statute was not nece.^sary to protect, nor dues it serve the public interest of
the State of Florida. . .

■' Interstate Circuit, Inc. f. United States. 306 U. S. 208. Cf, I'ashlun
Originator.'.’ (luild of America v. Federal Trade Commission, 312 U. S. —
Fthyl Gasoline Corp. v. United States, 309 U. S, 436.

478 — May 29, 1941

section 1 of the 1937 act. Section 1 defines as an unlawful com¬
bination an aggregation of authors, composers, publishers, and
owners of copyrighted vocal or instrumental musical compositions
who form any society, association, or the like and the members of
which constitute a substantial number of the persons, firms or cor¬
porations within the United States who own or control such musi¬
cal compositions and “when one of the objects of such combination
is the determination and fixation of license fees or other exactions
required by such combinations for itself or its members or other
interested parties.” Section 8 of the 1937 act makes it an offense
for such combinations “to act within this State in violation of the
terms of this Act.” The court below found that there were 1425
composers and authors who were members of ASC.'VP ; that the
principal music publishers of the country are members; that the
Society controls the right of performance of 45,000 members of
similar societies in foreign countries; and that the Board of Di¬
rectors of ASC.AP have “absolute control over the fixing of prices
to be charged for performance licenses. . . .” Since under the
record and findings here ASC.AP is an association within the mean¬
ing of section 1 of the 1937 act, we are not called upon at its in¬
stance to pass upon the validity of other provisions contained in
the numerous clauses, sentences, and phases of the 1937 or 1939 act
whch might cover other combinations not now before us. It is
enough for us to say in this case that the phase of Florida’s law
prohibiting activities of those unlawful combinations described in
section 1 of the 1937 act does not contravene the copyright laws of
the federal Constitution; that particular attacks upon other speci¬
fied provisions of the statutes involved are not appropriate for de¬
termination in this proceeding; that the court below erred in
granting the injunction; and that the bill should have been
dismissed. All other questions remain open for consideration and
disposition in appropriate proceedings. For the reasons given, the
judgment below in No. 610 is reversed and the cause remanded
to the lower court with instructions to dismiss the bill. The judg¬
ment in No. 611 is affirmed.

It is so ordered.

Mr. Justice Murphy took no part in the consideration or de¬
cision of this case.

.A true copy.

Test:

Clerk, Supreme Court, U. S.

SUPREME COURT OF THE UNITED
STATES

No. 312. — October Term, 1940.

Harry R. Swanson, as Secretary of State of Nebraska, et al.,
.Appellants,

vs.

Gene Buck, Individually and as President of The American
Society of Composers, Authors and Publishers, et al.

.Appeal from the District Court of the United States for the
District of Nebraska.

[May 26, 1941,]

Mr. Justice Black delivered the opinion of the Court.

Most of the questions presented by this case are the same as
those that were raised in Nos. 610 and 611, this day decided. Here,
as there, at the request of .ASC.AP and its co-complainants a fed¬
eral District Court composed of three judges enjoined various state
officials from enforcing a state statute’ aimed primarily at price¬
fixing combinations operating in the field of public performance of
co])\'right music.’’ Here, as there, the complainants alleged, and
the defendants denied, that enforcement of the act had been

^ Neb. Laws 1937, ch. 138.
- 33 F. Supp. 377.

threatened. Here, as there, the court below found that threats had
been made, that some of the sections of the act were invalid, that
the invalidity of those sections permeated the whole, and that the
state officials should be enjoined from enforcing any of the numer¬
ous provisions of the act. But, as in the Florida case, the court
below proceeded on a mistaken premise as to the role a federal
equity court should play in enjoining state criminal statutes. Here,
there was no more of a showing of exceptional circumstances, spe¬
cific threats, and irreparable injury than in the Florida case. In
his brief in this Court, the .Attorney General of Nebraska stated
that “Appellants, as law enforcement officers, sincerely hope that
no action under this law will be required. None was threatened
before nor since the suit was started.” With one possible excep¬
tion, the record bears out the statement of the Attorney General;
there was no evidence whatever that any threats had been made,
but in his answer the Attorney General stated that he would “en¬
force the act against the complainant Society . . . [if] the
complainant Society would operate in the State of Nebraska in
violation of the terms of the statute by conniving and conspiring to
fix and determine prices for public performance of copyrighted
musical compositions. . . .” As we have just held in Watson v.

Buck, it was error to issue an injunction under these circumstances.

In other material respects also, this case is like the Florida case.
The court below failed to pass on what we consider the heart of the
statute because of what it regarded as the pervading vice of the in¬
valid sections. But section 12 of the Nebraska statute is similar to
section 12 of the Florida statute and provides that “If any section,
subdivision, sentence or clause in this Act shall, for any reason, be
held void or non-enforceable, such decision shall in no way affect
the validity of enforceability of any other part or parts of this
Act.” The legislative will is respected by the Supreme Court of
Nebraska, “ and the court below should have followed state law in
this regard. That part of the statute on which the court did not
pass — and the part which the Attorney General said he stood will¬
ing to enforce if violated — set up a complete scheme for the regula¬
tion of combinations controlling performing rights in copyright
music. On the authority of Watson v. Buck, the decision below is
reversed and the cause is remanded with instructions to dismiss the
bill.

It is so ordered.

Mr. Justice Murphy took no part in the consideration or decision
of this case.

Sales

HOW TO IMPROVE COMMERCIALS

In response to numerous requests from NAB members who
attended the Sales Managers’ meeting at the convention and heard
the talk by Horace Schwerin on “Improving Your Commercials,”
this digest is provided.

Mr. Schwerin is General Manager and Director of Research of
the Raymond Spector Agency of New York City, and his talk was
the result of research carried on during the past several years with
the “Program Analyzer” machine, developed by Dr. Paul Lazars-
feld and Dr. Frank Stanton.

Thousands of typical radio listeners were tested for their reaction
to radio commercials, in conditions as closely as possible approxi¬
mating normal home listening. The machine recorded their likes
and dislikes, and after a great number of tests were conducted on

“See Petersen v. Beal, 121 Neb. 348, 353, quoting and approving the fol¬
lowing excerpt from Scott v. Flowers, 61 Neb. 620, 622-623: “The general
rule upon the subject is that where there is a conflict between an act of the
legislature and the constitution of the state, the statute must yield to the
extent of the repugnancy, but no further [Citing authorities]. If, after strik¬
ing out the unconstitutional part of a statute, the residue is intelligible, com¬
plete, and capable of execution, it will be upheld and enforced, e.xcept. of
course, in cases where it is apparent that the rejected part was an inducement
to the adoption of the remainder. In other words, the legislative will is, within
constitutional limits, the law of the land, and when expressed in accordance
with established procedure, must be ascertained by the courts and made effec¬
tive.”

all types of programs and all types of commercials, it was possible
to work out a practical application of these findings. Subsequent
tests showed that the new commercials, written according to the
new principles, enjoyed much greater attention and acceptance
from listeners.

Mr. Schwerin explained in detail the methods used, illustrating
his discussion with charts, graphs, transcriptions, phonographs and
other material. .Admitting the possibility of some errors and not
claiming infallibility for the tests, he nevertheless stated that several
advertisers, participating in the research, had applied its finding
with their definitely improved results. He suggested that sales man¬
agers confer with their program and continuity departments in a
discussion of these points, and that by working cooperatively each
station could improve results for its advertisers. The conclusions
reached following the tests are;

1. Program personalities should give all the commercials. This
means that in news programs, for example, the newscaster should
deliver the commercials.

2. The style of the commercials should be in the same tempo as
the program content. For example, in a variety show the com¬
mercials should be in dialogue.

3. The commercial sentence structure should follow the same
general pattern as the rest of the program (indicating collaboration
between commercial copy writer and program writer). P'or ex¬
ample, news commercials should be written in short, pithy sentences.

4. Axioms make poor openings for news commercials, although
they may be effective on other types of programs. The opening:
“How many times have you heard it said that what you don’t
know will never hurt you” is a typical example of a bad opening
for a news commercial.

5. The lead into a commercial should tie-in with the mood, or
“gestalt”, of that program. For exam[)le in news, one effective
way of doing this is to refer directly to the news itself, even if this
reference is a very general one. For example: “.All the news of war
and blockades these days,” and “News is the story of change”, are
both highly effective openings when used in commercials. However,
leads into news commercials need not be news items.

6. Do not allow listeners to "anticipate” commercials. This can
be avoided by shifting the middle commercial forward or back
from day to clay; closing commercials should be followed by part
of the program; there should never be a noticeable pause, change
of tone or different emphasis and delivery at the beginning of any
commercial, and commercial should not be “telegraphed” by the
use of certain opening words such as “Friends,” “Well, friends,” etc.

MILLINERS BLAME RADIO

P. W. Judah, of the .Associated Millinery Industries, St. Louis,
Mo., writes N.AB as follows:

“The millinery industry of .America, .giving employment to ap¬
proximately 100,000 people, has been very materially and adversely
affected in the past two years by radio entertainers making jokes
on the styles of the hats of today.

"We realize this harm has been done in an unconscious way, and
not at all maliciously; however, this entire industry is having quite
a struggle at this time, and I am sure any influence you men can
exert to forestall these jokes in the future, will be highly appreci¬
ated.”

It is suggested that you call this to the attention of those who
are responsible for writing comedy at your station.

IMPORTANCE OF LOCAL BUSINESS

FTC figures show that the smaller the market, the more the radio
station depends on local advertising. In cities of less than 25,000
population, 74 per cent of a station’s revenue comes from local
advertisers. This drops to 67 per cent in cities of 25,000 to 50,000
and to 50 per cent in cities of more than 50,000.

IS RADIO ADVERTISING ECONOMIC?

The charge that radio advertising is an economic waste, so often
made, is eloquently answered by Richard R. Deupree, president
of Proctor & Gamble Co. Using the soap business to illustrate,
he said that in 1880-90 the housewife paid 5 cents for Ivory Soap,

May 29, 1941 — 479

and still paid only S cents in 1941, although raw materials have
doubled in price and wages have risen tenfold, and Federal taxes,
unknown 50 or 60 years ago, now cost the manufacturer a sum
equal to his factory payroll.

•'It does not seem possible,” he stated, “that expenses such as I
have mentioned could be absorbed if we had not advertised Ivory
almost continuously since 1882. If through false reasoning or any
other cause, honest advertising is crippled and hampered, it would
be the death blow to real industrial development.”

HOTELS INCLUDE RADIO

It was reported to NAB that the current cooperative advertising
campaign sponsored by hotels, with payment on a duebill basis,
would exclude radio. Upon investigation, we are assured by the
American Hotel Association that all media are equally acceptable
in the campaign and wall be treated impartially, provided radio
stations, like other media, are willing to accept duebills in pay¬
ment. Many NAB members report that they are now refusing
this type of payment.

DEFENSE STAMPS AS PRIZES

Station WKAT, Miami Beach, is awarding National Defense
Stamps in place of cash awards on quiz and similar programs.
The suggestion has been made that if this plan were adopted by a
large number of stations, it would result in increased savings,
and widespread and continuing publicity to defense stamp sales.

WHY ADVERTISING IS ESSENTIAL
DURING THE NATIONAL DEFENSE
EMERGENCY

Some business men are prone to believe that during the period
of capacity production brought about by business stimulation of
the national defense program, it is unnecessary to maintain an
advertising campaign. During such periods demand often exceeds
supply; a “seller’s market” exists, and sometimes the problem is
not one of distribution and sales, but rather of producing enough
to satisfy the market. Advertising expenses therefore, they say,
can be curtailed or eliminated altogether.

That this reasoning is economically unsound has been demon¬
strated during similar periods in the past, notably 1915-1919.
Chief reasons why advertising should be continued by every busi¬
ness man are:

1. To maintain his market, his established routes of distribution
through jobbers and dealers, consumer acceptance of his product
and consumer consciousness of his brand name, so that when the
crisis is over and the impetus of national defense is taken away,
he can continue operating on a normal pre-crisis basis. Otherwise
all these factors in successful selling may be lost to more aggressive
competitors w'ho seize upon this opportunity to establish their com¬
petitive brands.

2. During periods of national emergency we must have the
highest efficiency possible in manufacturing and distribution. It
is admitted that advertising contributes much to this efficiency,
and therefore is of extreme importance to the economic welfare
of a nation during an emergency period.

3. The nation’s economic and social life must be maintained
as nearly normal as possible, because normalcy in a democracy
is a contributing factor to success. Advertising helps make nor¬
malcy possible in a social economy that has been so dependent
upon advertising.

4. Civilian morale in a democracy requires that we maintain
a standard of living unknown under dictatorships. Advertising
contributes greatly to our higher standard of living, and thus to
the maintainance of civilian morale.

5. We must strive for a reasonable price stability. Advertising
and a free competitive system aid greatly in stabilizing prices.
As an example, consider P & G Ivory soap, a common household
item: In the past 60 years, the price of raw materials for this
product has doubled, wages have increased 10-fold, and taxes have
been increased enormously. At the same time, research and con¬
stant improvements in manufacture and distribution have given

480 — May 29, 1941

the consumer a much better product — without a penny of increase
in the price. Without advertising this would have been impossible.

6. During this period it is necessary to eliminate unemployment
insofar as possible, so that all those not engaged in national
defense can earn salaries to help pay the costs of defense, rather
than be an added burden upon government or public charity.
.Advertising contributes directly and indirectly to greater employ¬
ment in private industry.

7. Civilian morale likewise depends greatly upon a firm belief
in the democratic system, and in its features of free enterprise
and competition. Advertising is of extreme importance in their
maintainance.

8. In a democracy, to build civilian morale, it is important that
we continue our media of entertainment and enlightenment: the
press, the magazines, and the radio. Advertising supports all of
these and makes them possible.

9. During times of national emergency it is important that con¬
sumers be given adequate market information: where to buy what
they need, when to buy, and how to buy, in order that they may
get the most out of the products and services they purchase.
It is also important to regulate supply and demand, and to diver¬
sify as much as possible the spending of consumers, so that all
business may prosper. Advertising is of the utmost importance
in all these efforts.

10. An intangible value, and yet one of the most important
possessed by any business man, is the “franchise value” of his
product or business, established over a period of many years at
great effort and expense. Advertising protects this priceless ingre¬
dient until return to normalcy.

11. Staggering national defense costs must be borne by taxes,
which can only be paid by business and by wage earners in
business. Therefore sales, wages, incomes and profits must not
only be maintained but increased if possible. Advertising is of
material aid along these lines.

12. Finally, advertising is a vital, inherent and integral part of
our national economy. To stifle or curtail it would be to upset
the economic balance; to foster and maintain it would be to
preserve that balance, so essential to efficiency and national well¬
being.

NO MOVIE CHISEL FOR-CISLER

Attempts by the movies to chisel free time have increased many
fold since the MBS-ASCAP rapprochement, according to evidence
collected by Steve Cisler, general manager of station WGRC,
Louisville.

Harry Loud, Air Trailer Division, Metro-Goldwyn-Mayer was
the writer of one of the letters to Mr. Cisler which solicited free
time.

“Now that the ASC.^P controversy has been settled and ASCAP
music is returning to Mutual affiliated station,” he wrote on May
15, “we believe you will be interested in Metro-Goldwyn-Mayer’s
Hollywood Radio Reporter recorded programs,” etc.

Mr. Cisler replied:

“Your letter of May 15 is one of the reasons this station and
others don't want ASC.AP music back on the air. You movie
people are getting out the chisel once again with this offer of
movie radio trailers that some stations are just crazy enough to
accept.

“For your own information, WGRC did not vote yes on the
Mutual deal with ASCAP because we didn’t think it was worth
the money, and we knew that the chiseling would start from
movies with plugs on this or that picture, etc.

“Your local theaters are especially abusive in not buying radio
time. It is chisel, chisel, chisel, free, free, free.

“So stop kidding yourself and radio that you have something
we need . . . free. Take some of that big money you pay news¬
papers, billboards, and magazines and BUY radio.

“So far as Louisville radio . . . movies . . . and WGRC the
rule is ‘no cashee ... no talkee ... no singee’.”

In a memorandum, same day, Mr. Cisler said to Fred Weber,
general manager of Mutual:

“I am alarmed at the rising tide of chiseling by the movie boys
in connection with Mutual’s return of ASCAP music.

“It was my understanding that the new Mutual agreement did
not ’■equire the announcement of movie or show titles with the
playing of ASC.\P tunes.

“The ‘Adventures in Rhythm’ show on Wednesday — May 21 —
specifically mentioned ‘Last Time I Saw Paris’ . . . from the
forthcoming MGM picture . . . blank blank.

“Today I received this chisel letter from MGM. The answer
is ‘NO.’ ’’

“ASCAP publishers are flooding us with mailed music, asking in
practically all cases that the show or movie be credited when the
number is used. We are returning all such music.

“Fred, the radio business is never going to get one dollar from
movies if we keep giving it away. How about considering the
evil and ask originating stations to lay off such credits?

“We have instructed our program department to refuse all
movie premieres, Hollywood chatter and to have the control man
pull the switch on any network announcer who seems about
to put in a plug for a movie or show.

“Plenty of radio stations didn’t like these free plugs for movies
on all networks prior to 1941, and lots of us don’t want them
restored now.”

NATIONAL DEFENSE

Local recruiting personnel of the United States y^rmy will no
longer solicit time on broadcast stations. This change in practice
became effective by order from Washington to Commanding
Generals of all Corps Areas.

The weekly transcribed programs, being broadcast by more than
700 stations and the live announcements handled from NAB
headquarters comprise all of the programs released in finished
form for the air in behalf of recruiting.

This entire change will be discussed in detail in a letter, dated
June 2, addressed to all stations by Arthur Stringer.

Radio Branch, Bureau of Public Relations,
War Department

This Branch, headed by Ed Kirby, prepares nothing for broad¬
casting in finished form. It operates on the theory that what
the Army does is news, purely from the standpoint of audience
interest ; and that a richer variety will be provided if it depends
upon the various interpretations placed upon factual information
by individual stations.

The Radio Branch is ready to serve all broadcasters even to
the extent of doing necessary research for any program or series
of programs a program manager may have in mind. Write,
teletype or telephone. The number is Republic 6700, Extensions
3887, 4787 and 4788.

Army Maneuvers

This summer U. S. Army maneuvers will be the biggest in
peacetime history of any country in the world. They involve
1,500,000 men.

Such an outstanding event, occurring at this time, will naturally
be covered by radio as well as by the press, magazines, syndicates
and news reels. But it is much easier for fifty correspondents,
armed with pencils, to cover maneuvers than for radio.

Accordingly, the Radio Branch of the Army has assigned four
men from headquarters to establish a radio pool of interest and
prepare schedules of events so that the stations can make a
broadcast:

Ross Worthington will officiate in Texas; Jack
Harris in Tennessee; Brooks Watson in Louisiana
and Bob Coleson on the West Coast where he is
already in action.

What a Station Can Do in Advance

Stations can tell the public what these maneuvers mean. The
purpose is to test the combat effect of the Army by simulating
warfare. The boys are going to miss their meals and they are
going to get dirty and dusty. The Army is going through a hard¬
ening process. Like all athletes, the boys must have conditioning
and training.

And the stations can do this: in these simulated combat areas
the highways will be crowded with trucks carrying troops and

supplies. Because of the simulated warfare there will be no ad¬
vance announcement of troop movements. When the news of
a troop movement is known, the station can explain that it is
unw'ise from a safety point of view for civilian motorists to cut
through the line of travel of the convoy. These soldiers are
driving trucks under order. They are instructed to observe
safety measures, yet they must remain in convoy. If the resi¬
dents of your service area understand these facts, accidents will
be avoided. This can also be done in advance.

Two New News Services

This week the Radio Branch inaugurates a special service for
news announcers. It contains undated material processed for radio
and prepared at the request of numerous smaller stations that
wished to have a human interest story or a fact or two readily in¬
cluded in a news show.

The other news service is the story of our Army throughout the
entire range of American history. In reality it is a daily diary,
in one or two sentences especially prepared for radio. The facts
can be used in a chatter program, a home economics program, a
variety show or news.

Educational Bulletin

The Radio Branch issues each week an educational bulletin to
the educational directors of stations.

Red, White and Blue Network

This is the name given to stations near Army camps w'hich may
care to use, on already scheduled “early bird” shows, bits of in¬
formation concerning the group in their immediate neighborhood.
Through the efforts of Gordon Hittenmark, late of station WRC,
the public relations officer of the camps, the station managers and
the “early bird” announcers have been brought together. The
idea of this procedure is simply to facilitate the supply of suitable
material for the stations.

History of 55 Divisions

The Script Section, Radio Branch, VV’ar Department, Bureau of
Public Relations has in preparation a brief history of each of the
55 Army Divisions. The information already distributed for radio
writers and radio producers concerns The “Fighting First” Division
and its component units. These short histories have been con¬
densed from hundreds of pages in the files of the War Department.
Writers and producers interested in additional facts can secure
them by writing directly to: Radio Branch, Bureau of Public
Relations, War Department, Washington, D. C.

Stations Can Work Out Special Stunts

Stations that desire are naturally free to work out special stunts.
The local public relations officer will lend assistance. And, on
request, the Radio Branch, Bureau of Public Relations, will supply
stations with needed information for the preparation of programs.

Warning

At the same time if an individual comes to station executives
proposing some spectacular stunt, such as a black-out, it is advised
•that stations check with the Radio Branch, Washington, address
as above, before making commitments and issuing publicity.

IRE CONVENTION

The Institute of Radio Engineer’s summer convention will be
held in the Hotel Statler, Detroit, Michigan, June 23-25. The
program this year will be of unusual interest to broadcast engineers
and among other subjects, are the following: UHF Antennas;
Frequency Modulation; Television; Electronic Applications;
Broadcast Transmitters; Standard Band Transmitting Antennas;
Rectifiers; Transmission Lines; Mechanical Calculation For Di-

May 29, 1941 — 481

rectional Antenna Patterns; UHF Tubes; Plate Modulated Am¬
plifiers; Square Waves and UPIF Propagation,

Interesting inspection trips have been scheduled and among these
are: Trip to Harper Hospital to inspect electronic medical ap¬
paratus; trip to Fldison Institute Museum and Greenfield Village;
trips to automobile factories and a trip to the Shrine of the Little
Flower.

An interesting program has been laid out for the entertainment of
the ladies.

F'ull details concerning the Convention can be obtained by ad¬
dressing the, Institute of Radio Engineers, 330 West 42nd Street,
New York City.

SEND NAMES TO NAB

N.\I> has been requested to secure the names and present where¬
abouts of radio men who have been drafted into the .^rmy. Will
station managers please send this information to NAB head¬
quarters immediately ? The request was made by the War Depart¬
ment in the hope that many of these men could fill public
relations posts.

LARRY SUNBROCK

S. A. Cisler, Radio Station WGRC, Louisville, Kentucky, would
aiipreciate a collect wire from anyone knowing the whereabouts of
Larry Sunbrock. Sunbrock promoted a thrill show and rodeo in
Louisville recently.

NAME BAND TAX

The Bureau of Internal Revenue advised the N.MI this week
that it was appealing a lower court decision which held that the
leader of a name band was not liable for social security taxes for
band members. (Griff Williams v. Collector of Internal Revenue).
Under the lower court decision, a broadcaster would be responsible
for social security taxes on payments to name bands.

The N.AB intends to review for its members soon all applicable
social security tax regulations.

INSURANCE

The manual rates for compensation insurance enumerated in
the NAB Reports, Page 368 of April 2Sth are adjusted each
year to comply with the experience of the insurance companies
writing compensation insurance. The rates quoted in the bulletin
of April 2Sth are as of the date of April 4, 1941. Please correct
Minnesota’s rating under Code #8742 from 8 cents to 57 cents.
Michigan’s rating under Code #8742 should be changed from 8
cents to 39 cents. Since April 4, 1941, the rate in Utah (Code
#7609) has changed from .‘fl.l.I to $1.33 and the rate under Code
#7610 in Maine has been changed from 9 cents to 12 cents.

BMI

BMI Receives Canadian Fees

Broadcast Music, Inc. was recognized as a new competitive per¬
forming rights society by the Canadian Government in a decision
made public on May 12th. The Canadian Copyright Appeal
Boarrl granted BMI a tariff of 1<^ per licensed set, the amount
requested in October 1940 when BMI was required to file its
proposed tariff for 1941. This was at a time when the music
heard on the air was predominantly ASC.'\P’s and before BMI
was licensing the catalogues of many of its more important pub¬
lishers.

The Canadian body, looking forward to 1942, announced that
there should be a comprehensive study of the problem of per-

482 — May 29, 1941

formance fees. Recognizing that the basing of copyright fees
upon actual use is the most satisfactory method, it requested an
appropriation of $5,000 to defray the cost of making an investi¬
gation. In speaking of the necessity of a survey of this kind,
the Board said:

“The entry of a second musical works licensing company in
the Canadian field of radio broadcasting introduces a problem
of considerable difficulty, and if this continues it is one that may
require in the early future a careful reconsideration of the whole
question of the licensing and performance of musical works in so
far as radio broadcasting is concerned.”

Britain Accepts BMI

The BMI hit. There I Go, received its first major broadcast in
Great Britain recently by Bebe Daniels. Bebe and her husband,
Ben L>on, are among the best loved personalities in Great Britain.
Their radio program, “Hi, Gang”, has enjoyed the longest run ‘on
the air’ of any show' produced since the war began.

.4nother popular .American in England, band leader Carroll Gib¬
bons, introduced There I Go and So You’re the One to British
listeners, sharing the honors with the British band leaders. Jack
Bayne and Geraldo,

BMI FEATURE TUNES
June 2 - June 9

1. MY SISTER AND I

2. ’WALKIN’ BY THE RIVER

3. WISE OLD OWL

4. FRIENDLY TAVERN POLKA

5. G’BYE NOW

6. WHAT D’YA HEAR FROM YOUR HEART

7. HERE’S MY HEART

8. WITH A TWIST OF THE WRIST

9. I WENT OUT OF MY WAY

10. THE RELUCTANT DRAGON

11. ALL ALONE AND LONELY

Hollywood Report

Hi, Neighbor, a new' BMI song by Jack Owens, cow'riter of the
II ut Sut Song, will be sung by the Merry Macs in the new Uni¬
versal picture, San Antonio Rose. One of the Macs, Ted Mc-
Michael, collaborated with Ow'cns on the Hut Sut Song.

This information is brought to New York by Harry Engel,
head of BMI’s west coast division, who points out that everyone
in Hollyw'ood with the exception of the motion picture producers
ow'ning music publishing companies is completely satisfied with the
music situation as it is.

“We have had no complaints of any kind for the past three
months,” said Mr. Engel. “The advertising agencies and perform¬
ing artists, as well as the broadcasters, are finding all the material
they w'ant for performance without difficulty. We are continuing
to receive the same favorable comment from the Mutual stations
that we received in the past.”

Songwriters All

A galaxy of the people in all w/alks of life w'ho write songs will
be staged soon in the Grill Room of the Hotel Taft by Frankie
Masters who has asked BMI for as large a company of talented
and photogenic writers as can be assembled in New York. Those
who write songs as a hobby as well as those who have become
prosperous from the fat checks received from their creation w'ill
be included. Frankie will endeavor to play as many as his high
standard of entertainment permits.

Among the many BMI candidates are; Joan Whitney, night club
singer; Jack Baker, business executive; Helen Bliss, department
store clerk; Lanny Ross, vocalist; Kent Cooper, head of Associated
Press; Robert Sour, broker; Hy Zaret, lawyer; Jean Barry, clerk
in Macy’s; Norman Weiser, magazine writer; Leah Worth, clerk
in Hosiery shop; Kay Twomey, model and designer; Sylvia Dee,
housewife.

They Buy Ballads

Romantic ballads lead all other types of popular songs by a big
margin in popularity with the radio audience, it is revealed in a
survey of the best selling numbers published by BMI. Radio
listeners buy about four times as many ballads as rhythm numbers
and novelties. In the first year of operation, BMI has had some
twelve outstanding hits — an unusual record for any one publish¬
ing house, and, of these, only three fell in the rhythm and novelty
classification, Practice Makes Perfect, So You’re the One, and The
Wise Old Owl.

Of BMI’s twelve big sellers, nine are ballads, headed by I Hear a
Rhapsody, a 200,000 copy number that is 194rs most popular song
thus far. Other BMI ballads that have been great favorites all
over the country are There 1 Go, You Walk By, High On A Windy
Hill, May I Never Love Again, I Give You My Word, Walkin’ By
the River, It All Comes Back To Me Now, and My Sister And I.

My Sister And I, the newest hit to come from BMI, is creating
a sensation along Tin Pan Alley — comparable to the furor aroused
by I’ll Never Smile Again last year. Written by BMPs ‘Big Three’,
Hy Zaret, Joan Whitney and Alex Kramer, the touching ballad
retells in song the recollections of a little Dutch boy and his sister
who were forced to leave Holland by the Nazi invasion. Although
the number has just begun to hit its stride, it has already sold more
than 100,000 copies, including arrangements, and is a best seller on
nine phonograph records.

“All Alone and Lonely”

When Jimmy Dorsey’s Decca recording of All Alone and Lonely
was released last week, a lot of people were very happy. Swing
master Dorsey was certain that he had another topnotch record
to follow his last great success, Amapola. BMI, publisher of the
new song, felt that All Alone and Lonely was another hit song to
add to the string of BMI hits that began last August with Practice
Makes Perfect. But David Sanders and A1 Pearson, the two
Detroit boys who wrote the song, were probably the happiest of
the lot.

A few months ago they had given up hope of becoming song¬
writers. Music publishers in Detroit were not very receptive and
neither one of the boys could leave home and try to interest pub¬
lishers in Chicago or New York. But you can’t keep a good song
down these days. After passing through the hands of many
musicians who had heard All Alone and Lonely, played by the four
piece rhythm band David Sanders leads in Detroit’s ‘Frog’s Club’,
a copy of the song found its way into the hands of Jimmy Dorsey.

Jimmy Dorsey, who is billed as the ‘‘World’s Greatest Saxo¬
phonist” might well add ‘‘World’s Greatest Tune Picker” to his
billing. One of the first leaders to see the potential of High On A
Windy Hill, I Hear A Rhapsody, Amapola and a score of other
Hit Parade favorites, Dorsey played the new song once and put it
down for immediate recording. Convinced of the commercial possi¬
bilities of the ballad, he brought it to BMI and within a few days
contracts were signed with Pearson and Sanders for immediate
publication of the song.

All Alone and Lonely marks the first successful venture into
songwriting for this newest team of composers, Sixfooter Sanders
plays the piano, organ, and solovox, and has been a professional
musician since the age of sixteen when he was regular organist at
a Baptist Church in Wilmington, Delaware. Following that ec¬
clesiastical booking, he went to work in Toledo speakeasies as
pianist and eventually formed the small rhythm band he is now
leading. His major ambition is to “be a good songwriter” and
everybody at Broadcast Music, Inc. is convinced that he is on
his way.

A1 Pearson, the other writer of the song, is a guitarist who
studied at the Detroit Conservatory of Music for three years. He

has played in night clubs as master of ceremonies, tenor vocalist
and featured guitarist. Pearson is still a little dazed by his new
found success. After he had signed the publication contract he
asked that he be notified by wire whenever his song is played on
the air. If Jimmy Dorsey has picked another hit song, and BMI
succeeds in making a spot on the Hit Parade for it, there’ll be a
long line of messenger boys making its way to the Pearson front
door.

Torch Tune

BMPs I Went Out Of My Way, is being hailed with the same
professional enthusiasm that greeted My Sister And I. Six re¬
cordings have been made or scheduled: Joan Merrill (Bluebird),
Teddy Powell (Bluebird), Jan Savitt (Victor), Orrin Tucker
(Columbia). Frankie Masters (Okeh), and Connie Boswell
(Decca). Both words and music are by Helen Bliss who wrote
The Moon Won’t Talk.

STATE LEGISLATION

Florid .t:

H. 1429 (Burwfxl, et al.) MUSICAL COPYRIGHT— COL¬
LECTIONS — Relating to the collection of fees and royalties from
persons doing business in this state for the privilege of using, sell¬
ing, performing or broadcasting, publicly or privately, any musical
device of any nature, compositions, songs, or plays. Referred to
Committee on Finance and Taxation.

FEDERAL COMMUNICATIONS
COMMISSION

FLY DISCUSSES TELEVISION, FM

Progress of FM broadcasting and television are not likely to be
interfered with because of government priorities, FCC Chairman
James Lawrence Fly said at a press conference early this week.
Mr. Fly said that he has not received any official reports on this
subject and the Commission is keenly alive to the problem.

The Chairman said that naturally as requirements become
heavier there will be less and less supply of everything. He said
that it particularly and naturally affects the entire radio field in
terms of new production. He stated that priorities are inclined
to weigh heavier on FM than on a going outfit, such as standard
broadcast. Mr. F'ly said that he doubted whether the Commis¬
sion should delay commercialization of FM and television. He
doubted the wisdom of such a move contending that postponing
this would only be another disturbing influence. He said that he
didn’t think that the Commission should move in and out in such
a way. Even under present conditions, he said, the industry has
an opportunity to square away and use the time to good ad¬
vantage.

SUPPLEMENTAL FORM ADOPTED

Pursuant to its new chain broadcasting regulations, the FCC
has adopted a supplemental form (FCC Form No. 335, “Supple¬
ment Concerning Chain Broadcasting to Application for Standard
Broadcast Authorization”), in which all applicants for such broad¬
cast facilities must attest to network affiliation, if any. Licensees
are required by Section 43.1 of the Rules and Regulations to keep
the Commission informed of contracts and arrangements, includ¬
ing changes, covering chain affiliations.

To fulfill the assurance given in the Commission report on chain
broadcasting, the Rules of Practice and Procedure have been
amended (Sections 1.71 and 1.81) to provide a hearing in cases
where the applicant desires to enter into or retain a contract not
in conformity with the chain broadcasting rules.

May 29, 1941 — 483

NEW FCC RULE

FCC has adopted Section 2.92 of the General Rules and Regu¬
lations under the heading “National defense-emergency authori¬
zation” as follows:

“The Federal Communications Commission may authorize the
licensee of any radio station during a period of national emergency
to operate its facilities upon such frequencies, with such power
and points of communication, and in such a manner beyond that
specified in the station license as may be requested by the Army or
Navy.”

RULE AMENDED

F’CC amended its Rules of Practice and Procedure by striking the
third proviso of Section 1.71 thereof, reading as follows:

“Provided, further. That in cases where an applicant desires a
modification of a rule or regulation, he shall submit a formal
petition setting forth the desired change and the reasons in support
thereof.”

The Rules of Practice and Procedure are amended by adding the
following new provision:

“Amendment of Rules”

“Sec. 1.81 — Requests for amendment of rules. Any person may
petition for amendment of any rule or regulation. Such petition
shall show the desired change in the rules and regulations and set
forth the reasons in support thereof.

* s|c ;)c %

Paragraph (b) of Section 1.72 of the Rules of Practice and Pro¬
cedure is hereby repealed, and the following provisions adopted
in lieu thereof:

(b) If an applicant is requested by the Commission to file any
documents or information not included in the prescribed applica¬
tion form, a failure to comply with such request will constitute a
defect in the application.

(c) Applications which arc not in accordance with the Com¬
mission's rules, regulations or other requirements will be considered
defective unless accompanied either (1) by a petition in accordance
with Section 1.81 to amend any rule or regulation with which the
application is in conflict, or (2) by a request of the applicant for
waiver of, or an exception to, any rule, regulation or requirement
with which the application is in conflict. Such request shall show
the nature of the waiver or exception desired and set forth the
reasons in support thereof.

(d) Defective applications will not be considered by the Com¬
mission.”

The Commission also extended the effective date of Section
3.32(b) of Standard and High Frequency Broadcast Rules which
prohibits broadcasting of commercial programs under experimental
authorizations, to July 29, 1941.

SHORT WAVE PROPAGANDA

James Lawrence Fly, Chairman, Federal Communications Com¬
mission, gave the following address before the Committee on Com¬
munications, American Bar Association, at luncheon. May 23, 1941 :

I am happy to be here with you this noon, and to join you in
showing ap[)reciation for the services rendered by the editors of
the Federal Communications Bar Journal. All of us know how
important it is to have a medium for the reporting of legal news
and the discussion of legal problems in the communications field.
Such a medium is important for the functioning of any bar group,
and these young men are to be congratulated for having under¬
taken this significant task, and for having devoted their time to it
so unselfishly.

Mv subject this noon is foreign short-wave propaganda, and
the Foreign Broadcast Monitoring Service, recently established by
the Federal Communications Commission to record, transcribe, and
analyze foreign short-wave programs.

The amount of this stuff aimed by various countries at the
United State's is really amazing. Thus, the Italian radio sends us
more than four hours of broadcasts a day; the British Broadcasting
Company (BBC), about six and one-hall; and the German radio
nearly eleven. Japan’s North .American .service now runs to about
four ;ind one-half hours daily. To this total must be added various

484 — May 29, 1941

programs directed at American audiences by radio stations in
Australia, the Soviet Union, and fifteen or twenty other nations.
To increase the possibilities of good reception, programs are usually
broadcast on three, and often as many as five frequencies.

The contents of these broadcasts range from dance music
to learned discourses on economics or anthropology, with regular
news the standard fare for stations in almost every country.
.All sorts of devices are used to attract listeners. Lord Haw-Haw
was Germany’s chief drawing card, but his popularity, I am in¬
formed, has declined. Both England and Germany announce lists of
prisoners taken, in order to build up audiences on the other side;
they know that relatives and friends of soldiers at the front will
listen for familiar names. Other devices are used to attract
.American listeners; Britain has its equivalent of our March of
Time on the .Air; Germany has Fritz and Fred, an “ersatz”
version of Lum ’n’ .Abner or Amos ’n’ Andy. The Rome radio
has a musical request program for American listeners; Berlin
spends much radio time reading and replying to cables and letters
from the United States. .ASCAP music was available on the
short waves throughout the period when favorite ASCAP tunes
could be heard on few' .American stations.

No one really knows just how many Americans listen to these
broadcasts. Private surveys indicate that there are few regular
short-wave listeners in the LTnited States; my ow'n guess is that
foreign broadcasts — except, of course, those relayed over American
networks — reach a relatively small American audience. For
example, I doubt whether more than half a dozen of you have
listened to a foreign short-wave propaganda broadcast during
the past month. How about that? How many of you have
actually listened in on short-wave to British, (lerman, Italian
or other foreign broadcasts during the past month ?

Experts in the field inform me that few of the propaganda
devices used in broadcasting are new'; they are chiefly the old
devices of exaggeration, suppression, distortion, appeals to vanity,
pride, and self-interest, and exploitation of previously existing
jealousies and hatreds. Thus, the Germans point to the period
of the American Revolution and the War of 1812; the Englsh point
to the century of good feeling which has e.xisted since.

Even a slight difference in emphasis may have very real sig¬
nificance. When the Italians seized the British fort Sidi Barrani
last fall, for example, the Italian radio acclaimed the victory as
of great importance. When the British recajjtured it thereafter,
Italian announcers called it a “miserable victory,” and depreciated
its importance. Similarly, during the very first days of the Greek
campaign when the Greeks were retreating, the British radio talked
about the Greek army. But when the tables were turned and the
Italians were hurled back into .Albania, the British radio stressed
the Italian defeat at the hands of “allied forces’’ You seldom
hear much about “German victories” over the Italian radio; it
always speaks of “Axis victories.”

In general, programs beamed at the United States are of three
types. Some are intended to appeal to Americans in general.
News broadcasts and talks on current issues are of this type. .A
second type of program is aimed at particular groups of Ameri¬
cans. One night last week, for example, BBC broadcast to the
ITnitcd States a program appealing primarily to American ministers
of the gospel, while a simultaneous German program was appeal¬
ing primarily to tenant farmers, share croppers, and the Oakies
portrayed in “Grapes of Wrath.” In general, the BBC seems to
concentrate upon .American groups which are in a position to
influence public opinion, while Germany raters to larger but
less articulate sections of the American public.

,A third type of propaganda program is aimed specifically at
.Americans of foreign descent. Frequently these programs are in a
foreign language, and it is interesting to contrast the new's broad¬
cast to the United States in English w'ith the news broadcast
immediately before or after by the same foreign station in its
ow'n language.

The real significance of such programs is seldom visible upon
their face. The German radio, for example, hinted not long
ago of certain frictions between the French government at Vichy
and the German government, and portraying the French govern¬
ment as taking a firm stand. Did this indicate actual friction be¬
tween the tw'o? Probably not. The underlying significance
was presumably cither an attempt by Germany to paint the
French government as independent of German domination, in
order to procure for Vidiy a more favorable treatment from the
Ihiited States; or else a move to prepare .American listeners for
some new action by the French. Other examples can be given
of how motix'es, and hence probable future actions, can be
inferred from propaganda by radio.

The significance of such broadcasts often lies less in what is
said than in the frequency with which it is said and the propor¬
tion of time devoted to saying it. The various themes which
each foreign station dwells upon can be charted in almost the
way that the rise and fall of a stock on the stock exchange can
be charted. The former director of the Princeton University
listening center, now on the FCC Monitoring Service staff, has
prepared a chart showing the shift in emphasis of Nazi broad¬
casts to the United States which occurred about May 1940, when
Belgium and Holland were invaded. Prior to that time, somewhat
more emphasis was placed upon praise of United States isolationism
than upon criticism of the United States. After May 1940,
more than twice as much emphasis was placed upon criticism
of the United States as upon praise of isolationism.

One of the chief motifs of German broadcasts today seems
to be the attempt to drive a wedge between the .'American people
and what the German radio now calls “Washington politicians.”
Another is the driving of a wedge between Jews and non-Jews
in the United States. This German short-wave anti-Semitism
appears to be aimed less at injuring the Jews of the United States
than at attempting to stir up American disunity and domestic
strife.

I should say that the British broadcasts aimed at the United
States have vastly improved in effectiveness during recent months.
The British Broadcasting Company once sent us learned but dull
discourses by university professors about the niceties of inter¬
national law, or descriptions of Buddhism by retired army officers.
Today, listeners on short-wave can hear Somerset Maugham, a
novelist popular with the American public, or Leslie Howard, an
actor well-known to American movie audiences. Similarly, the
North American broadcasts of the French Government station,
Paris-Mondial, were, when first inaugurated in the spring of 1938,
extremely dull and uninspired. With the invasion of Denmark
and Norway in .4pril, 1940, a significant change occurred. “Cul¬
tural” talks and features designed particularly for women and
students of art and literature were substantially replaced by news
and comment designed to inspire confidence in France and hatred
of Germany.

Frequently American listeners are given varying treatments of
the same theme from different sources almost simultaneously.
Thus, when our ambassador to England, Mr, John G. Winant,
spoke at a luncheon in London some days ago, the British tran¬
scribed his address and broadcast portions of it that very evening.
German listening posts evidently picked it up and transcribed it,
for the following evening the German radio carried portions of
the speech, interlarded with German analysis and comments.
Similarly each major American speech or diplomatic move is
variously interpreted from London and Berlin. In such cases, the
American short-wave listener has available something approach¬
ing the forum debates broadcast over domestic stations, except
that on the short waves he must tune to various stations to get
various points of view.

The first American agencies to engage in sj'stematic rather
than casual listening to foreign short-wave broadcasts were prob¬
ably the newspapers. Various newspapers, news gathering agen¬
cies, and the news divisions of our broadcasting networks set
up listening posts during 1939, as a supplement to their more
formal news gathering routines. Shortly thereafter, nolitical sci¬
ence and journalism departments in our universities took an
interest; listening posts were established at Princeton. Leland
Stanford, and elsewhere. The Federal Communications Commis¬
sion has had the aid and advice of these pioneers in establishing
its own Foreign Broadcast Monitoring Service.

The first step in this monitoring is to record the orograms picked
un on phonograph records, a task performed bv the regular FCC
National Defense Ooerations Section, and then to transcribe the
lecords to paper. This transfer of the programs to paper is essen¬
tial, for as repeated psychological studies have shown, human beings
accept spoken words less critically than written words. With a
tvned script before you, you can analyze, criticize and deduce.
When listening to spoken words, the tempo is such that you can
onlv accept or reject.

Once scripts are reduced to writing, and those in foreign
languages translated into English, the task is to condense. The
British alone broadcast each week more words than are contained
in the Bible or in the works of Shakespeare; this flood of material
must be reduced to manageable proportions.

In sifting the grain from the chaff, trends are often more im¬
portant than specific statements. A discussion of the invasion of
England from a German station, for example, or a discussion of
Far Eastern, developments from Great Britain, may have little
significance. But if an increasing proportion of German radio time

were to be devoted to invasion stories, or an increasing proportion
of British radio time to the Far East, we might safely infer the
preparation of some move in these directions. Likewise, much is
to be learned from a comparison of daily broadcasts sent to dif¬
ferent parts of the world. Thus, while the Nazi broadcasts aimed
at Britain and North America in the summer of 1940 dealt menac¬
ingly and often with invasion of England, domestic German broad¬
casts seldom alluded to the subject. The obvious deduction was
that early invasion was not actually contemplated since the German
home front was hearing little or nothing about it and was not
being led to expect it.

Careful analysis of foreign short-wave broadcasts should keep
the Llnited States informed of the objectives which other countries
are pursuing, and of their attitude tow'ard the United States. The
Report Section of the FCC’s new' Foreign Broadcast Monitoring
Service will prepare confidential daily summaries, both factual and
interpretative, of foreign broadcasts. These summaries will be made
available for the information of various government departments.

Fear has been expressed in some quarters that foreign propa¬
ganda aimed at the Llnited States by short-wave may corrupt the
American listening public. I am very much inclined to doubt it.
Listening in over the short-wave band of my own radio, and then
turning back to the domestic broadcast band, I do not believe
that any appreciable proportion of Americans are going to rely
upon broadcasts from abroad so long as American broadcasting
stations adhere to high standards of impartiality and completeness
in their news and discussion programs. In a country where neither
the press nor the radio is free, propaganda broadcasts from abroad
may have considerable influence. But so long as the public trust
in the impartiality of domestic news and discussion is maintained,
few if any listeners will be misled by partisan propaganda from
abroad.

FROM THE FCC MAIL BAG

Various letters suggesting that broadcasts in foreign languages be
discontinued by domestic radio stations have been received by the
Federal Communications Commission. The Commission advises
that it has issued no ruling w-hich precludes such broadcasts. .4n
extensive study, however, has been made of foreign language pro¬
grams. Each licensee has the initial responsibility under the law
for the selection of program material, and foreign language broad¬
casts are subject to the same considerations that govern general
broadcast service. Specific complaints regarding programs which
appear to be contrary to the public interest receive prompt atten¬
tion.

To a national group which urged that foreign language programs
be not “ruled off the air without further consideration,” Chairman
James Lawrence Fly stated these personal views:

“In my opinion foreign language broadcasts are of considerable
value. I believe that it would be a serious mistake for either the
Government or the broadcast stations to take any action at this
time to discontinue or curtail them. These programs have an im¬
portant place in the lives of foreign-born citizens and residents,
and it is likely that their elimination would be regarded as a sense¬
less discrimination, arousing antagonism and hostility. In par¬
ticular, I w'ish to concur in your opinion that these broadcasts can
play an important role in the ‘.Americanization process.’ It seems
clear to me that any persons . . . who are bringing pressure on

stations to discontinue all foreign language programs are pursuing
a shortsighted policy and should not be encouraged.”

The Commission has received numerous letters regarding alleged
refusal of broadcasting time to Charles .A. Lindbergh. Such in¬
quirers are informed:

“Broadcast stations are expressly declared by the Communica¬
tions -Act not to be common carriers and, accordingly, determina¬
tion as to who shall appear on programs is a matter resting in the
first instance with the individual broadcast station. Broadcasters
have the duty of serving the public interest, convenience, and neces¬
sity and the discretion left to them in the selection of who may use
broadcast facilities and the conditions with respect to such use is
subject to this legal requirement.

“In carrying out the obligation to render a public service, sta¬
tions are required to furnish well-rounded rather than one-sided
discussions of public questions. This duty does not imply any
requirement that the use of broadcast facilities shall be afforded
to any particular individual or group. In other words, the duty
of the station is to present both sides of public issues fairly rather

May 29, 1941 — 485

than to allow any one man to use its facilities. The Commission
will give consideration to any evidence that both sides of the ques¬
tions upon which Colonel Lindbergh sought to speak are not being
fairly presented by any radio station.”

To a woman who wants to be guest on the “Tm an American”
program, the Commission reiterates that it is without authority
to put anybody on or take anybody off the air; that such determi¬
nation rests with the individual broadcast station. The same ex¬
planation is given to another woman who would force radio sta¬
tions to use a particular song, and to a Dayton listener who pro¬
tests rendition of classical music in syncopated style, and to a
citizens’ group which adopted a resolution favoring “less time for
broadcast programs of an emotional nature and more time for pro¬
grams with constructive and educational features.” In the case of
letters objecting to particular programs the Commission suggests
that such comments be transmitted directly to the station involved.

FEDERAL COMMUNICATIONS
COMMISSION DOCKET

Following broadcast hearings are scheduled to be heard before
the Commission during the week beginning Monday, June 2. They
are subject to change.

Monday, June 2

NEW — Symons Broadcasting Company, Ellensburg, Wash. — C. P.,
1110 kc., 1 KW, unlimited time.

WHB — WHB Broadcasting Company, Kansas City, Mo. — C. P.,
710 kc., S KW, D.^-night and day, unlimited time.

W’TCN — Minnesota Broadcasting Corp., Minneapolis, Minn. —
C. P., 710 kc., 10 KW, unlimited time, DA-night.

Monday, June 2

Hearing to be held in Pensacola, Florida, beninning June 2 and
continued thereafter in Panama City, Florida, and Ocala, Florida,
as follows:

Pensacola, Florida, in Court Room, County Court Building.

Panama Cit\', Florida, in Court Room, County Court House.

Ocala, Florida, in U. S. Court Room, 2nd Floor, U. S. Post
Office Building.

W'TMC — Ocala Broadcasting Company, Inc., Ocala, Fla. — In the
Matter of Revocation of License of Station.

WDLP — Panama City Broadcasting Company, Panama City, Fla.
— In the Matter of Revocation of License of Station.

Tuesday, June 3

Broadcast

Consolidated Hearing

To be held in Portsmouth, Ohio, in the Scioto County Probate
Court Room

WPAY — Chester A. Thompson (Transferor) and The Brush-
Moore Newspapers, Inc. (Transferees), Portsmouth, Ohio. —
Transfer on control of corp., 1370 kc., 100 watts, unlimited
time.

WP.\Y — Vee Bee Corporation, Portsmouth, Ohio. — Renewal of
license, 1370 kc., 100 watts, unlimited time.

Friday, June 6

NEW — Butler Broadcasting Corporation, Hamilton, Ohio. — C. P.,
1 120 kc., 250 watts, unlimited time.

FUTURE HEARINGS

During the past week the Commission has announced the follow¬
ing future hearings in broadcast cases. They are subject to change.

June 27

NEW — Parkersburg Sentinel Company, Parkersburg, W. Va. —
C. P., 1310 kc., 250 watts, unlimited time.

WRDO — WRDO, Incorporated, .Augusta, Maine. — Renewal of li¬
cense, 1400 kc., 100 watts, unlimited time.

July 28

KMA — May Broadcasting Company, Shenandoah, Iowa. — Renewal
of license, 930 kc., 1 KW night, S KW day, unlimited.

August 1

To be held in Atlanta, Georgia

WGST — Georgia School of Technology, Atlanta, Ga. — Renewal of
license (main and auxiliary), 890 kc., 1 KW night, 5 KW
LS, unlimited time.

August 4

KFRO — Voice of Longview, Longview, Texas. — Modification of
C. P., 1340 kc., S KW, unlimited, D.\-night. Present assign¬
ment: 1340 kc., 1 KW, unlimited. DA-night.

FEDERAL COMMUNICATIONS
COMMISSION ACTION

APPLICATIONS GRANTED

KENO — George Penn Foster, Maxwell Kelch and Calvert Charles
Applegate, d, b as Nevada Broadcasting Co. (assignor),
Nevada Broadcasting Co., a corporation (assignee). Las
Vegas, Nevada. — Granted consent to consignment of license
of station KENO from George Penn Foster, Maxwell Kelch
and Calvert Charles Applegate, d, b as Nevada Broadcast¬
ing Co. to Nevada Broadcasting Company, a corporation;
station operates on 1490 kc., 250 watts, unlimited time.

W3XE — Philco Radio S: Television Corp., Philadelphia, Pa.;
W3XP — Philco Radio & Television Corp., Portable (area
of Philadelphia, Pa.). — Present license for television station
further extended on a temporary basis only, for period June
1 to not later than July 1, 1941, pending determination
upon application for renewal (B2-SVB-8) and (B2-SVB-
19).

W2XVP — City of New York, Municipal Broadcasting System,
New York City. — Present license for high frequency broad¬
cast station further extended on a temporary basis only, for
period June 1 to not later than July 1, 1941, pending deter¬
mination upon application for renewal (Bl-SHB-71).

W9XL,'\ — KLZ Broadcasting Co., Denver, Colo. — Present license
for high frequency broadcast station further extended on a
temporary basis only, for period June 1 to not later than
Julv 1, pending determination upon application for renewal
(B5-SHB-48).

W4XA — The National Life & Accident Ins. Co., Inc., Nashville,
Tenn. — Present license for high frequency broadcast station
further extended on a temporary basis only, for period
June 1 to not later than July 1, 1941, pending determination
upon application for renewal (B3-SHB-S1).

WSXALI — WKY Radiophone Co., Oklahoma City. Okla. — Present
license for high frequency broadcast station further extended
on a temporary basis only, for period June 1 to not
later than July 1, 1941, pending determination upon appli¬
cation for renewal (B,1-SHB-21 ) .

WERC — Presque Isle Broadcasting Co., Erie, Pa. — Granted modifi¬
cation of construction permit to change type of transmitter
originally specified (B2-MP-H46).

DESIGNATED FOR HEARING

George Grant Brooks, Jr., Scranton, Pa. — .Apjrlication for construc¬
tion permit for new broadcast station to operate on 1400
ke.. 250 watts, unlimited time, exact site and antenna system
to be determined with Commission approval; requests facili-

485 — May 29, 1941

ties of WARM. Joint hearing with application of WARM
for renewal of license and application of Anthracite Broad¬
casting Co., Inc., for new station at Scranton to operate
on 1400 kc., 250 watts, unlimited, requesting facilities of
WARM.

WICA— WICA, Inc., Ashtabula, Ohio.— Application for construc¬
tion permit to install a new transmitter and directional
antenna for night use; increase power from 1 KW to 5 KW
day, 1 KW night, and chaiyge hours of operation from day¬
time only to unlimited (B2-P-3081),

WWSW— Walker & Downing Radio Corp., Pittsburgh, Pa.—
Application for construction permit to change frequency
from 1490 to 970 kf. ; increase power from 250 watts to
1 KW night, 5 KW day; install new transmitter, move
transmitter to miles north of McKees Rocks Boro,
Stowe Twp., Pa. (3 miles NW center of Pittsburgh), and
install directional antenna for day and night use. To be
heard jointly with application of WICA listed above (B2-
P-3055).

WAPI — Voice of Alabama, Inc., Birmingham, Ala. — Application
for construction permit to change frequency from 1170 to
1070 k(‘. ; increase power from 5 to 50 KW ; move trans¬
mitter, install new transmitter, and directional antenna
for night use.

APPLICATIONS PLACED IN PENDING FILES

KMMJ — Don Searle. G Searle, Jr., Helen Searle Blanchard
and Herbert Hollister (Transferors) ; Grand Island Inde¬
pendent Publishing Co. (Transferee), Grand Island, Neb. —
Placed in pending files pursuant to Order No. 79, applica¬
tion for consent to transfer all the outstanding stock of
station KMMJ, Inc., from Don Searle, H. A. Searle, Jr.,
Helen Searle Blanchard and Herbert Hollister, to the Grand
Island Independent Publishing Co. (B4-TC-268).

WTFL — Tom M. Bryan (Assignor), Ralph A. Horton (Assignee),
Fort Lauderdale, Fla. — Placed in pending files pursuant to
Order No. 79, application for consent to the assignment
of license of station WTFL, from the individual licensee,
Tom B. Bryan to Ralph A. Horton (B3-AL-30S).

WOKO, Inc., Albany, N. Y. — Placed in pending files pursuant to
Order No. 79, application for new FM station (Bl-PH-80).

Courier-Journal and Louisville Times Co., Louisville, Ky. — Placed
in pending files pursuant to Order No. 79, application for
new FM station (B2-PH-88).

MISCELLANEOUS

W2XVT — Allen B. DuMont Labs., Inc., Passaic, N. J. — Granted
special temporary authority to operate a 100 watt trans¬
mitter with special emission for FM on channel No. 1
(5000()-560«0 k(“.) , in order to conduct tests, for the period
May 21 to June 19, providing no interference is caused to
other stations.

KRME — Merced Broadcasting Co., Merced, Calif, — Granted special
temporary authority to operate the relay transmitter covered
by pending application for construction permit (B5-PRY-
245) in order to broadcast races on Inland Lake, Yosemite,
San Joaquin Valley, for the period Mav 25 to Mav 31, only
(BS-S-896).

KGU — Marion A. Mulronv & Advertiser Publishing Co., Inc.,
Honolulu, Hawaii. — Granted special temporary authority to
rebroadcast transmissions of U. S. Army planes EY3, HF7
and L3S operating on 6500 ko. for a period of about one-
half hour on the evening of May 20, in connection with
territory “Blackout” scheduled to take place throughout
Hawaii only (B-S-124).

High Point Broadcasting Co., High Point, N. C.; Ralph L. Lewis,
Greensboro, N. C. — The Commission on its own motion
consolidated the hearing now set for May 21 on these two
applications and continued same until May 28, 1941.

KTRB — KTRB Broadcasting Co., Inc., Modesto, Calif. — Granted
special temporary authority to operate from 7 p. m. until
conclusion of Modesto Music Festival from Junior College
Auditorium on Mav 23 only (BS-S-823).

WDAE — Tampa Times Co., Tampa, Fla. — Granted special tem¬
porary authority to rebroadcast transmission between 5:30
and 5:45 p. m. EST, May 26, of Florida Forest and Park
Service, radio station WRQO on 2226 kc. in special demon¬
stration of forest fire prevention service program only (B3-
S-437),

W2XBS — National Broadcasting Co., Inc., New York City. —
Granted extension of special temporary authority to operate
a specially constructed 1 KW peak power, special emission
laboratory model FM visual transmitter alternately with
the regular W2XBS transmitter on Channel No. 1 for the
purpose of making field observations, for the period May 25
to June 25, 1941.

W2XBS — National Broadcasting Co., Inc., New York City. —
Granted extension of special temporary authority to operate
television broadcast station W2XBS with special emission
in addition to A3 emission on Channel No. 1, in order to
conduct experimental tests for the NBC for period May 26
to June 24.

KOY — Salt River Valley Broadcasting Co., Phoenix, .4riz. — Granted
authority to determine operating power by direct measure¬
ment of antenna input (I55-Z-889).

WTAW — Agricultural & Mech. College of Texas, College Station,
Texas. — Granted authority to determine operating power by
direct measurement of antenna input (B3-Z-S52).

WSBC — Radio Station WSBC, Chicago, Ill. — Granted authority to
determine operating power by direct measurement of antenna
input (B4-Z-872 ).

KHBC — Hawaiian Broadcasting System, Ltd., Hilo, T. H. — Granted
authority to determine operating power by direct measure¬
ment of antenna input (B-Z-901).

KROY — Royal Miller, Sacramento, Calif. — Granted authority to
determine operating power by direct measurement of antenna
input (B5-Z-900).

WEMP — Milwaukee Broadcasting Co., Milwaukee, Wis. — Granted
authority to determine operating power by direct measure¬
ment of antenna input (B4-Z-869).

KTSM — Tri-State Broadcasting Co., Inc., El Paso, Texas. — Granted
authority to determine operating power by direct measure¬
ment of antenna input (B3-Z-883).

KG.4 — Louis Wasmer, Spokane, Wash.-- Granted authority to
determine operating power by direct measurement of antenna
input (B3-Z-903).

KLBM — Harold M. Finlay. La Grande, Ore. — Granted authority
to determine operating power by direct measurement of
antenna input (B5-Z-850).

KYA and .^ux. — Hearst Radio, Inc., San Francisco, Calif. — Granted
authority to determine operating power by direct measure¬
ment of antenna input (B5-Z-866) and ('B5-Z-870).

KFVS — Hirsch Battery S: Radio Co., Cape Girardeau,- Mo. —
Granted authority to determine operating power by direct
measurement of antenna input (B4-Z-877).

KFNF — KFNF, Inc., Shenandoah, Iowa. — Granted authority to
determine operating power bv direct measurement of antenna
input (B4-Z-858).

KVOX — KVOX Broadcasting Co., Moorhead, Minn. — Granted
authority to determine operating power by direct measure¬
ment of antenna input (B4-Z-792).

WMPC — The Liberty St. Gospel Church of Lapeer, Mich. —
Granted authority to determine operating power by direct
measurement of antenna input (B2-Z-881).

KFJB — Marshall Electric Co., Marshalltown, Iowa. — Granted
authority to determine operating power by direct measure¬
ment of antenna input ( B4-Z-893 ) .

KFK.Ai — The Mid-Western Radio Corp., Greeley, Colo. — Granted
authority to determine operating power by direct measure¬
ment of antenna input (B5-Z-854).

W.'XML — New Laurel Radio Station, Inc., Laurel, Miss. — Granted
authority to determine operating power by direct measure-
mena of antenna input (B3-Z-837).

KMED — Mrs. M. J. Virgin, Medford, Ore. — Granted authority to
install automatic frequency control equipment (B3-F-187).

WFTC — Jonas Wetland, Kinston, N, C. — Granted authority to
install automatic frequency control equipment (B5-F-187).

KHUB — John F. Scripps, Watsonville, Calif. — Granted authority
to determine operating power bv direct measurement (B5-
Z-836).

WCBD — WCBD, Inc., Chicago, Ill. — Granted authority to deter¬
mine operating power by direct measurement (B4-Z-871).

WDAN — Northwestern Publishing Co., Danville, Ill. — Granted
authority to determine operating power by direct measure¬
ment (B4-Z-842).

WHBU — Anderson Broadcasting Corp., Anderson, Ind. — Granted
authoritv to determine operating power by direct measure¬
ment (B4-Z-818).

KGHI — Arkansas Broadcasting Co., Little Rock, .4rk. — Granted
authority to determine operating power by direct measure¬
ment (B3-Z-878).

May 29, 1941 — 487

KBTM — Regional Broadcasting Co., Jonesboro, Ark. — Granted
authority to determine operating power by direct measure¬
ment (B3-Z-8S6).

KVNU — Cache Valley Broadcasting Co., Logan, Utah. — Granted
authority to determine operating power by direct measure¬
ment (B5-Z-874).

KENO — Nevada Broadcasting Co., Las Vegas, Nev. — Granted con¬
struction permit to move studio and transmitter from The
Meadows to El Rancho Vegas, Las Vegas (B5-P-313S).

WEBQ — Harrisburg Broadcasting Co., Harrisburg, III. — Granted
construction permit to change t\'pe of transmitter, make
changes in antenna and change location of transmitter to
lower floor level same address; 124(1 ke. under N.\RB.\
(B4-P-3133).

KELD — Radio Enterprises, Inc., El Dorado, Ark. — Granted con¬
struction permit to change tubes in last radio stage from
four RCA 209-A to two RCA 805 (B3-F-3123).

KHJ — Don Lee Broadcasting System, Los Angeles, Calif. — Granted
modification of construction permit (B5-P-2843, which
authorized increase in iiower, installation of DA for day and
night use, changes in equipment, and move of transmitter)
for installation of new transmitter, and extension of com¬
mencement date to 60 days after grant and completion date
to 180 days thereafter {BS-MP-1293 ) .

KGB — Don Lee Broadcasting System, San Diego, Calif. — Granted
license to cover construction permit (BS-P-2940) which
authorized changes in transmitting equipment and to specify
I3()(l ke. under NARBA (B5-L-1398).

WRDO — WRDO, Inc., Augusta, Me. — Granted authority to deter¬
mine operating power by direct measurement of antenna
power on 14(10 kc. under NARB.A. (B1-Z-7S8).

KOMA — KOMA, Inc., Oklahoma City, Okla. — Granted authority
to determine operating power by direct measurement of
antenna pow'er on 152(1 kf. under NARBA (B2-Z-771).

KUSD — University of South Dakota, Vermillion, So, Dak. —
Granted special temporary authority to remain silent for the
period June 9 to 2:30 p. m., September 15, 1941, in order
to observe University summer vacation (B4-S-651).

VVCKY — L. B. Wilson, Inc., Cincinnati, Ohio. — Denied special
temporary authority to operate daytime with non-directional
antenna until sunset at Sacramento, Cal., for a period not to
exceed 30 days (B2-S-762).

KFJZ — Tarrant Broadcasting Co., F’ort Worth, Tex. — Granted
modification of construction permit (B3-P-2497, which au¬
thorized new transmitter, installation of directional antenna,
increase in power and move of transmitter to p2 mile NW
of Birdville, Texas) for extension of completion date to
August 15/41 (B3-MP-1292 ).

GMYR — F. W. Meyer, Denver, Colo. — Granted license to cover
construction permit (B5-P-2067, w'hich authorized a new
station to operate on 134(1 kc., 100 w'atts night, 250
watts-LS, unlimited time) (B5-L-1394). Also granted
authority to determine operating power by direct measure¬
ment of antenna power (B5-Z-862).

KPRC — Houston Printing Coi'ii., Houston, Tex. — Granted modi¬
fication of construction permit (B,l-P-2791, for authority
to install directional antenna and increase power to 5 KW )
for changes in directional antenna requesting !)5(1 kc. under
N.VRBA and extension of completion date to 120 days
after grant ( B.t-MP-l 264) .

WAPO — W. A. Patterson, Chattanooga, Tenn. — Granted modifica¬
tion of construction fiermit (B3-P-1939, which authorized
installation of new transmitter and directional antenna for
night use, change of frequency and increase of power) for
change in directional antenna for night use on 115(1 kc.
under N.ARBA, and extension of commencement date to
10 days after grant and completion date to 30 davs there¬
after '(B3-MP-1299).

WDSU — WDSU, Inc., New Orleans, La. — Granted modification of
construction permit (B3-P-2923, wdiich authorized move of
transmitter, increase in power and installation of directional
antenna for day and night use) for extension of completion
date to September 1/41 (B3-MP-1288).

High Point Broadcasting Co.. High Point, N. C.; Ralph L. Lewis,
Greensboro, N. C. — The Commission on its own motion,
continued the consolidated hearing now set for May
21 on these two anplications, to May 28, 1941.

WHBQ — Broadcasting Station WHBQ, Inc., Memphis, Tenn. —
Granted license to cover construction permit (B3-P-3075,
for new transmitter and increase in power to 250 watts),
14(10 kc., unlimited (B3-L-1396). .Vlso granted authority

488 — May 29, 1941

to determine operating power by direct measurement ot
antenna power (B3-Z-867).

KRIS — Gulf Coast Broadcasting Co., Corpus Christi, Texas. —
Granted license to cover construction permit (B3-P-2230)
for new transmitter, changes in antenna, increase in power
to 1 KW and move; 13(j() kc., unlimited (B3-L-1390).

WFCI — Pawtucket Broadcasting Co., Pawtucket, R. 1. — Granted
license to cover construction permit (Bl-P-1877) as modi¬
fied (Bl-MP-1223), for new station to operate on 142(1 kc.,
1 KW, directional antenna, unlimited time (Bl-L-1403).
Also granted authority to determine operating power by
direct measurement of antenna input (B1-Z-8S7).

WL.'VG — LaGrange Broadcasting Co., LaGrange, Ga. — Granted
license to cover construction permit (B3-P-2763) as modi¬
fied (B3-MP-1183) for new station to operate on 121(1 kc.,
250 watts, unlimited time (B3-L-1402). Also granted au¬
thority to determine operating power by direct measurement
of antenna input (B3-Z-884).

KALE — KALFL Inc., Portland, Ore. — Granted license to cover
construction permit (B5-P-2729, for installation of direc¬
tional antenna for night use and increase in power to 5
KW) (B5-L-1339). Also granted authority to determine
operating power by direct measurement of antenna power
(B5-Z-739).

W47PH — Penna. Broadcasting Co., Philadelphia, Pa. — Granted
modification of construction permit (B2-PH-69, covering
new FM station) for change in type of transmitter and to
make changes in antenna system (B2-MPH-21).

W6XAO — Don Lee Broadcasting System, Hollywood, Cal. —
Granted license to cover construction permit (B5-PVB-38
as modified), for new television broadcast station upon an
experimental basis only ; 5(l(l(l(l-5f)(l(l(l kc. ; visual power
1 KW ; 150 watts aural power (BS-LVB-26).

WBOS — Westinghouse Radio Stations, Inc., Hull, Mass. — Granted
license to cover construction permit (Bl-PIB-23 as modi¬
fied) to move international broadcast station, increase power
to SO KW, and makes changes in equipment (Bl-LIB-lS).

KVV'LC — Luther College, Decorah, Iowa. — Granted special tempo¬
rary authority to operate from 3:30 to 4:30 p. m. and
from 5:30 to 6:30 p. m. CST, May 24, in order to broad¬
cast baseball game with Upper Iowa LIniversity; from
3:30 to 4:30 and 5:30 to 6:30 p. m., CST, May 30, in
order to broadcast baseball game with LTpper Iowa Uni¬
versity; from 3:30 to 4:30 p. m. and from 5:30 to 6:30
p. m., CST, June 2, in order to broadcast baseball game
with Univ. of Wise, only (B4-S-S20).

KFDV — So. Dak. State College Brookings, S. Dak. — Granted
special temporary authority to operate from 2 to 4:30
p. m., CST, May 24, in order to broadcast State Collegiate
track meet; from 7:30 to 10:30 p. m., CST, June o, in
order to broadcast State College graduation exercises only
(B4-S-64S).

WTBO — Associated Broadcasting Corp., Cumberland, Md. —
Granted special temporary authority to operate from 9:15
]■). m., EST, to conclusion of President’s Address on May
27, in order to broadcast said address only (Bl-S-748).

KF"RO — Voice of Longview, Longview, Tex. — Granted motion
for continuance of 60 days of hearing now set for June
4, 1041, on application for modification of construction
permit to change power from 1 to 5 KW.

The Metropolis Co., Ocala, F’la.; Bay County Publishers, Inc.,
Panama City, F'la. — Granted motions to accept amendments
to applications for licenses for new stations so as to
change answers to Question 15(a) re pending applications.

WGST — Georgia School of Technology, Atlanta. Ga. — Grentcd
motion for continuance of 60 days of hearing on applica¬
tion for renewal of license, now set for June 7, 1041.

KMA — May Broadcasting Co., Shenendoah, Iowa. — Granted mo¬
tion for continuance of 60 days of hearing on application
for renewal of license, now set for May 27, 1941.

WRDO — WRDO, Inc., Augusta, Me. — Granted motion for post¬
ponement of hearing on application for renewal of license,
for 30 days.

Ralph L. Lewis, Greensboro, N. C. — Dismissed motion and sup¬
plemental motion for continuance of hearing on applica¬
tion for construction permit for new' station; on Commis¬
sion’s own motion continued indefinitely consolidated
hearing on Lewis application and application of R. B.
Terry, D. A. Rawley, C. M. Waynick and H. A, Cecil,
d b as High Point Broadcasting Co., High Point, N. C..
for new station; referred to Commission the petition of

Lewis to sever his application from the High Point Broad¬
casting Co. application.

KTBC — State Capitol Broadcasting Assn., Inc., Austin, Tex. —
Granted special temporary authority to operate from 8:30
to 9 a. m. and from 10 a. m. to local sunset, CSX, on May
25, June 1, 8, IS and 22, 1941, in order to broadcast a
program originating in the Governor’s mansion, provided
WTAW remains silent.

WT-AW — Agricultural & Mechanical College of Texas, College
Station, Tex. — Granted special temporary authority to
operate from 9 to 10 a. m,, CST, on May 25, June 1, 8,
IS and 22, 1941, in order to cooperate with KTBC in a
special broadcast, provided KTBC remains silent.

VVHKC — United Broadcasting Co., Columbus, Ohio. — Granted
special temporary authority to remain on the air from
regular sign-off time (10 p, m., EST) to conclusion of
Joe Louis-Bill Conn fight on June 18, 1941; to con¬
clusion of Fritzie Zivic-Al Davis fight June 25, 1941, in
event these bouts should run later than 10 p. m.

WBML — Middle Georgia Broadcasting Co., Macon, Ga. — Granted
special temporary authority to rebroadcast a portion of
the U. S. Army plane-to-plane communication in connection
with the arrival of 160 U. S. Army training planes, 80 of
which will be stationed at U. S. Army Flying School
No. 1, between May 28 and June 5, 1941, only.

WSOC — Radio Station WSOC, Inc., Charlotte, N. C. — Granted
license to cover construction permit as modified to install
new transmitter, new antenna, move studio and transmitter,
increase power specifying 1240 Uc. (B3-L-1399). Granted
authority to determine operating power by direct measure¬
ment of antenna input.

WEAU — Central Broadcasting Co., Eau Claire. Wise. — Granted
special temporary authority to operate additional time May
27, 1941, in order to broadcast President Roosevelt’s ad¬
dress only.

WOVVO — Westinghouse Radio Stations. Inc., Fo^t Wayne, Inch —
Denied request for special temporary authority to operate
on an unlimited time basis for a period of one month.

WWV.A — West Virginia Broadcasting Corp., Wheeling, W. Va. —
Denied request for special temporary authority to operate
on an unlimited time basis for a period of one month.

W47A — Capitol Broadcasting Co., Inc., Schenectady, N. Y. —
Granted special temporary authority to install at New
Scotland, N. Y., and operate through a temporary antenna
mounted on a 65-foot telephone pole, for a period not to
exceed 90 days, pending installation of antenna described
in construction permit.

WB.A..4 — Purdue University, West Lafayette, Ind. — Granted special
temporary authority to operate from 4 to 6 p. m., CST, on
June 8, 1941, in order to broadcast complete Commence¬
ment Service of Purdue University only.

WBRB — Monmouth Broadcasting Co., Red Bank, N. J. — Granted
extension of special temporary authority to remain silent
for the period ending in no event later than June 19, 1941,
pending completion of adjustments made necessary by fire.

WGEO — General Electric Co., Schenectady, N. Y. — Granted
special temporary authority to operate with the last inter¬
mediate power amp'ifier as the last radio stage ; last radio
stage consists of 6 General Electric GL8S8 tubes, maximum
rated carrier power 50 KW for a period ending not later
than September 1, 1941.

KEX — Oregonian Publishing Co., Portland, Ore. — Petition for
reconsideration and grant of application for renewal of
license for station KEX, granted, hearing heretofore sched¬
uled, cancelled, and renewal of license granted on regular
basis.

KG.^. — Louis Wasner, Spokane. Wash. — Petition for reconsidera¬
tion and grant of application for renewal of license for
KGA, granted, cancelled hearing heretofore scheduled, and
renewal of license granted on regular basis.

WGN — WGN, Inc., Chicago, Ill. — Granted petitions of WGN to
intervene and to enlarge issues in the hearing on the appli¬
cations of WTCN, Minneapolis, and WHB, Kansas City,
Mo., for construction permits to change frequency to 710
kc.

Park Cities Broadcasting Corp,, Dallas, Texas. — Granted motion
for leave to intervene in the hearing on the application of
WHB to change frequency to 710 kc., and dismissed motion
for continuance of hearing.

APPLICATIONS FILED AT FCC

550 Kilocycles

WSVA — Shenandoah Valley Broadcasting Corp., Harrisonburg, Va.
— Authority to determine operating power by direct method.

560 Kilocycles

WIND — Johnson-Kennedy Radio Corp., Gary, Ind. — Authority to
determine operating power by direct method.

WIND — Johnson-Kennedy Radio Corp., Gary, Ind. — License to
cover construction permit (B4-P-1990) as modified to in¬
crease power from 1 KW night, 5 KW day, to 5 KW day
and night; changes in directional antenna system, and new
transmitter.

WGAN — Portland Broadcasting System, Inc., Portland, Maine —
License to use formerly licensed WE 352-E-l main trans¬
mitter as an auxiliary using 500 watts.

580 Kilocycles

NEW — Martha M. Russell, d/b as Russell Plantation, Russell-
town, Tex. — Construction permit for a new broadcast
station to be operated on 580 kc., 1 KW, unlimited hours.
Class HI-B. Amended to specify transmitter site as site to
be determined.

590 Kilocycles

WKZO — WKZO, Inc., Kalamazoo, Mich. — .Authority to determine
operating power by direct method.

WKZO — WKZO, Inc., Kalamazoo, Mich. — License to cover con¬
struction permit (B2-P-3060) to install a new directional
antenna for night use.

610 Kilocycles

WIOD — Isle of Dreams Broadcasting Corp., Miami, Fla. — Con¬
struction permit to move formerly licensed RC.\ 1-DB main
transmitter to be used as an auxiliary transmitter with power
of 1 KW.

620 Kilocycles

WTMJ — The Journal Company (The Milwaukee Journal), Mil¬
waukee, Wisconsin. — Authority to determine operating power
by direct method.

WTMJ — The Journal Company (The Milwaukee Journal), Mil¬
waukee, Wisconsin. — License to cover construction permit
(B4-P-2696) as modified to install directional antenna for
night use and increase power.

760 Kilocycles

WJR — WJR, The Goodwill Station, Detroit, Mich. — Authority to
determine operating power by direct method.

770 Kilocycles

WC.4L — St. Olaf College, Northfield, Minn. — Authority to de¬
termine operating power by direct method,

780 Kilocycles

KFAB — KFAB Broadcasting Co., Lincoln, Nebr. — Construction
permit to install new transmitter and directional antenna
for night use, change frequency from 770 to 1080 kc.,
power from 10 to SO KW, hours from Simul. D, share
WBBM night to unlimited time and move transmitter.
Amended to request 1110 kc. under NARBA and make
changes in directional antenna.

WBBM — Columbia Broadcasting System, Inc., Chicago, Ill. — .A.u-
thority to determine operating power by direct method.

790 Kilocycles

WEAN — The Yankee Network, Inc., Providence, R. I. — Authority
to determine operating power by direct method.

850 Kilocycles

WEEU — Berks Broadcasting Co., Reading, Pa. — Authority to in¬
stall new automatic frequency control equipment.

May 29, 1941 — 489

910 Kilocycles

VVFDF — Flint Broadcasting Co., Flint, Mich. — Modification of con¬
struction permit (B2-P-24S1) as modified, for installation of
new transmitter and directional antenna for day and night
use, increase power, change frequency, and move transmitter,
requesting extension of completion date from 6-14-41 to
8-14-41.

950 Kilocycles

WORL — Broadcasting Service Organization, Inc., Boston, Mass. —
License for reinstatement of auxiliary license (Bl-L-1271).

980 Kilocycles

NEW — Southwestern Michigan Broadcasting Corp., Kalamazoo,
Mich. — Construction permit for a new broadcast station to
be operated on 980 kf., 1 KW, unlimited hours, employing
directional antenna at night. (Facilities WHAL, construction
permit of WHAL to be surrendered if and when this ap¬
plication is granted.)

1000 Kilocycles

WINS — Hearst Radio, Inc., New York, N. Y. — Modification of
construction permit (Bl-P-3026) for approval of directional
antenna system and approval of present licensed site.
Amended to make changes in proposed directional antenna
system, approval of studio and transmitter sites.

WINS — Hearst Radio, Inc., New York, N. Y. — Authority to de¬
termine operating power by direct method.

1040 Kilocycles

W9XC — Central Broadcasting Co., near Mitchellville, Iowa. —
Modification of construction permit (B4-PEX-34) for in¬
crease power and new equipment, to change frequency
from 1000 kc. to 1040 kc., make changes in antenna and
extend completion date from 10-11-41 to ISO days after
date of grant.

1090 Kilocycles

WJAG — The Norfolk Daily News, Norfolk, Nebr. — Authority to
determine operating power by direct method.

1110 Kilocycles

WBT — Columbia Broadcasting System, Inc., Charlotte, N. C. —
Construction permit to install directional antenna for night
use. Amended to request 1110 kc. under NARBA and
changes in directional antenna.

1150 Kilocycles

WTAW — Agricultural and Mechanical College of Texas, College
Station, Texas. — License to cover construction permit (B3-
MP-1006) as modified, for new transmitter, increase in
power and change frequency under NARB.A.

WDEL — WDEL, Inc., Wilmington, Del. — Authority to determine
operating power by direct method.

1240 Kilocycles

NEW — R. O. Hardin, tr. as Nashville Broadcasting Co., Nashville,
Tenn. — Construction permit for a new broadcast station to
be operated on 1249 kc., 250 watts, unlimited hours. Class
IV. (Facilities of WSIX if and when vacated.)

WRAL — Capitol Broadcasting Co., Inc., Raleigh, N. C. — Con¬
struction permit to install new transmitter, install directional
antenna for night use, change frequency from 1240 kc. to
020 kc., increase power from 250 watts to 1 KW night,
5 KW day, and move transmitter.

WR.4L — Capitol Broadcasting Co., Inc., Raleigh, N. C. — Authority
to determine operating power by direct method.

WEBQ — Harrisburg Broadcasting Co., Harrisburg, Ill. — .Authority
to determine operating power by direct method.

KGY — KGY. Inc., Olympia, Wash. — Authority to determine oper¬
ating power by direct method.

1300 Kilocycles

KGLO — Mason City Globe-Gazette Co., Mason City, Iowa. —
License to cover construction permit (B4-P-2329) as modi-

490 — May 29, 1941

fied to install new transmitter, directional antenna for night
use, increase power, change frequency ; approval of trans¬
mitter site, changes in directional antenna on 1800 kc.
under N.\RB.\.

KGLO — Mason City Globe-Gazette Co., Mason City, Iowa. —
Authority to determine operating power by direct method.

1330 Kilocycles

WLOL — Independent Merchants Broadcasting Co., Minneapolis,
Minn. — Construction permit to change frequency from
1380 kc. to 630 kc., power from 1 KW to 1 KW night,
5 KW day, install new transmitter, make changes in direc¬
tional antenna for day and night use and move transmitter.
Amended to give transmitter site.

WHBL — Press Publishing Co., Sheboygan, Wise. — Authority to
determine operating power by direct method.

1340 Kilocycles

KXRO — KXRO, Inc., Aberdeen, Wash. — Authority to determine
operating power by direct method.

KGEZ — Donald C. Treloar, Kalispell, Mont. — Authority to de¬
termine operating power by direct method.

KMYR — F. W. Meyer, Denver Colo. — Modification of license to
increase power from 100 watts night, 250 watts to 250 watts
day and night.

WTEL — Foulkrod Radio Engineering Co., Philadelphia, Pa. — Au¬
thority to determine operating power by direct method.

WBRE — Louis G. Baltimore, Wilkes-Barre, Pa. — Authority to de¬
termine operating power by direct method.

WCLS — WCLS, Inc., Joliet, Ill. — Authority to determine operating
power by direct method.

1350 Kilocycles

KGHF — Curtis P. Ritchie, Pueblo, Colo. — Authority to determine
operating power by direct method.

1360 Kilocycles

NEW — McKeesport Radio Co., McKeesport, Pa. — Construction
permit for a new broadcast station to be operated on
1860 kc., Class IV, 250 watts and daytime hours.

1380 Kilocycles

WTSP — Pinellas Broadcasting Co., St. Petersburg, Fla. — License
to cover construction permit (B3-P-2933) as modified, to
install new transmitter, make changes in antenna, change
frequency and increase in power.

1400 Kilocycles

NEW — Frank T. Nied and Perry Stevens, d/b as Nied and Stevens,
Warren, Ohio. — Construction permit for a new broadcast
station to be operated on 1400 ko., class IV, 250 watts and
unlimited hours. Amended to specify transmitter site.

NEW — South Jersey Broadcasting Cerp., Vineland, N. J. — Con¬
struction permit for a new broadcast station to be operated
on 1500 kc., 250 watts, unlimited hours. Class IV, facilities
of WDAS. Amended to request 1400 kc., Class IV, facilities
of WDAS when WDAS goes to 1260 kc.

WGIL — Galesburg Broadcasting Co., Galesburg, Ill. — Authority to
determine operating power by direct method.

WFOR — Forrest Broadcasting Co., Inc., Hattiesburg, Miss. — Au¬
thority to determine operating power by direct method.

NEW — William J. Bray, James L. Ewing, T. B. Lanford and
John C. McCormack, d/b as The Capitol Broadcasting Co.,
Port Allen, La. — Construction permit for a new broadcast
station to be operated on 1400 kc., 250 watts, unlimited
hours.

NEW — Henry Norman Saurage, Baton Rouge, La. — Construction
permit for a new broadcast station to be operated on 1400
kc., 250 watts, unlimited hours.

WJZM — Wm. D. Hudson and Violet Hutton Hudson, Clarksville,
Tenn. — Modification of construction permit (B3-P-2983)
for a new station, requesting approval of antenna, trans¬
mitter, and transmitter and studio sites.

WEST — Associated Broadcasters, Inc., Easton, Pa. — Authority to
determine ooerating power by direct method.

WBTH — Williamson Broadcasting Corp., Williamson, W. Va. —
Authority to determine operating powder by direct method.

NEW— Air-Waves, Inc., Baton Rouge, La. — Construction permit
for a new broadcast station to be operated on 1400 kc.,
250 watts, unlimited hours.

1410 Kilocycles

WALA — W. O. Pape, tr. as Pape Broadcasting Co., Mobile, Ala —
Modification of construction permit (B3-MP-932) as modi¬
fied, for increase in power, installation of new equipment
and directional antenna for night use, and move transmitter,
requesting extension of completion date from 6-29-41 to
9-29-41.

1420 Kilocycles

NEW— Anthracite Broadcasting Co., Inc., Scranton, Pa.— Con¬
struction permit for a new broadcast station to be operated
on 1400 kc., 250 watts, unlimited hours. Class IV. Facili¬
ties of WARM.

1440 Kilocycles

KMED— Mrs. W. J. Virgin, Medford, Ore.— Authority to deter¬
mine operating power by direct method.

1450 Kilocycles

KFIZ— The Reporter Printing Co., Fond du Lac, Wise.— Author¬
ity to determine operating power by direct method.

WNAB— Harold Thomas, Bridgeport, Conn.— Modification of con¬
struction permit (Bl-P-2410) as modified, for a new broad¬
cast station, requesting change in type of transmitter, ap¬
proval of studio site and extension of completion date from
6-30-41 to 90 days after grant.

WRLC — R. G. LeTourneau, Toccoa, Ga. — Authority to determine
operating power by direct method.

WRLC — R. G. LeTourneau, Toccoa, Ga. — License to cover con¬
struction permit (B3-P-2767) as modified, for a new
station.

WAZL — Hazleton Broadcasting Service, Inc., Hazleton, Pa. — Au¬
thority to determine operating power by direct method.

WILM — Delaware Broadcasting Co., Wilmington, Del. — Authority
to determine operating power by direct method.

NEW — Forward Wheeling Radio Corp., Wheeling, W. Va. — Con¬
struction permit for a new broadcast station to be operated
on 1450 kc., 100 watts and unlimited hours. Class IV.

WWDC — Capital Broadcasting Co., Washington, D. C. — License
to cover construction permit (Bl-P-2679) as modified, for
a new station.

WWDC — Capital Broadcasting Co., Washington, D. C. — .Vuthority
to determine operating power by direct method.

WWDC — Capital Broadcasting Co, Washington, D. C. — License to
cover construction permit (Bl-P-2679) as modified for a
new station (Amplifier).

WWDC — Capital Broadcasting Co., Washington, D. C. — Authority
to determine operating power by direct method (Amplifier).

KBPS — Benson Polytechnic School, R. T. Stephens, Agt., Port¬
land, Ore. — Construction permit to install new antenna and
increase power from 100 to 250 watts. Amended: to request
unlimited time.

WMVA — Wm. C. Barnes and Jonas Weiland, d/b as Martinsville
Broadcasting Co., Martinsville, Va. — Voluntary assignment
of license to Martinsville Broadcasting Co., Inc.

WSVA — Shenandoah Valley Broadcasting Corp., Harrisonburg, Va.
— License to cover construction permit (B2-P-2578) as
modified to install new transmitter, new antenna and in¬
crease in power.

KGIW — E. L. Allen, Alamosa, Colo. — Authority to determine
operating power by direct method.

WEED — William Avera Wynne, Rocky Mount, N. C. — Authority
to determine operating power by direct method.

1490 Kilocycles

NEW — Luther E. Gibson, Vallejo, Calif. — Construction permit for
a new station to be operated on 1490 kc., 250 watts, un¬
limited time. Class IV. Amended: re antenna changes.

WGAL — WGAL, Inc., Lancaster, Pa. — Authority to determine
operating power by direct method.

WKBZ — Ashbacker Radio Corp., Muskegon, Mich. — Authority
to determine operating power by direct method.

FM APPLICATIONS

NEW — James F. Hopkins, Inc., Detroit, Mich. — Construction per¬
mit for a new high frequency broadcast station to be
operated on 46500 kc. ; coverage, 2130 square miles; popu¬
lation, 2,196,632. Amended: To change coverage to 6,790
square miles; population to 2,697,132, move transmitter
and make changes in antenna system.

NEW — Ashland Broadcasting Co., Ashland, Ky. — Construction
permit for a new' high frequency broadcast station to be
operated on 46100 kc. ; coverage, 5,119,5 square miles;
population, 421,990. Amended: To change coverage to
4,160 square miles, population to 398,692 and make changes
in antenna system.

NEW — The Journal Company (The Milwaukee Journal), Mil¬
waukee, Wise. — Construction permit for a new studio trans¬
mitter link broadcast station to be operated on 381000 kc.,
power 50 watts, emission: special for frequency modulation
(to be used in conjunction with FM station W55M).

NEW — Debs Memorial Radio Fund, Inc., New York, N. Y. —
Construction permit for a new high frequency broadcast
station to be operated on 48700 kc. ; coverage, 8,600 square
miles; population, 12,300,000.

TELEVISION APPLICATION

W9XAK — Kansas State College of Agriculture and Applied
Science, Manhattan, Kansas. — Modification of construction
permit (B4-PVB-25) for a new' television broadcast station,
for extension of completion date from 7-15-41 to 10-15-41.

MISCELLANEOUS APPLICATIONS

WCRC — Columbia Broadcasting System, Inc., Brentw'ood, N. Y. —
Modification of construction permit (Bl-PIB-26) as modi¬
fied, which authorized a new' international broadcast station,
requesting the additional frequencies of 6130, 6170, 31570
kc., and sharing time on all frequencies with WCBX and
share on 6060, 9650, 11830, 15370 and 31530 kc. with
WCAB.

W2XB — General Electric Co., New Scotland, N. Y. — Modification
of license to change frequency from 60000-86000 to channel
No. 3, 66000-73000 kc.

NEW — Rome Broadcasting Corp., Portable-Mobile. — Construc¬
tion permit for a new relay broadcast station to be operated
on 30830, 33740, 35830, 37980 kc.. 15 w'atts, A3 emission.

WCBX — Columbia Broadcasting System, Inc., near Wayne, N, J. —
Modification of construction permit (Bl-PIB-27) for move
of transmitter and increase in power, requesting additional
frequencies 6060, 31530 kc., and sharing time on all fre¬
quencies with WCRC and share on 6060, 9650, 11830,
15370 and 31530 kc. with WCAB.

NEW — James Broadcasting Co., Inc., Portable-Mobile. — Construc¬
tion permit for a new relay broadcast station to be operated
on 30830, 33740, 35830, 37980 kc., 25 watts, A3 emission.

FEDERAL TRADE
COMMISSION ACTION

COMPLAINTS

Federal Trade Commission has alleged unfair competition against
the follow'ing firms. The respondents will be given an opportunity
to show' cause why cease and desist orders should not be issued
against them.

Callaway Mills — Charging price discrimination in violation of
the Robinson-Patman .Act. a complaint has been issued against
Callaway Mills, Lagrange, Ga., which manufactures tufted bed¬
spreads, bath mats, rugs and allied products and sells them for use
and for resale.

The complaint alleges that the respondent has discriminated in
price betw'een different purchasers of its products of like grade and
quality by selling to certain purchasers at lower prices than the

May 29, 1941 — 491

prices at which it sells products of the same grade and quality to
other of its purchasers, and by allowing certain purchasers adjust¬
ments, rebates or discounts not given other purchasers.

■According to the complaint, the respondent grants a five per cent
rebate to any retail customer or “individual recognized department
store” customer on its purchases if such purchases exceed $500 a
year, the rebate being denied others of this class of customers
whether or not their purchases of the respondent’s products exceed
.$500 a year. Mail order houses, according to the complaint, are
allowed a discount of five per cent and a rebate of five per cent
without regard to quantity qualifications.

The complaint alleges that one customer classified by the re¬
spondent as a special wholesale distributor is allowed a 10 per cent
discount while other jobber customers are allowed a five per cent
discount. The complaint further alleges that such jobbers are
granted additional rebates based on annual volume ranging from
two per cent on net volume if the volume totals $10,000, to 5 per
cent on net volume if the volume totals $25,000 or more. (4506)

Ivemico — A complaint has been issued alleging that F. W. John¬
son, trading under the name Kemico, Park Ridge, Ill., has made
misleading representations in the sale of IS formulas for various
medicinal and cosmetic preparations and in advertising the thera¬
peutic values of the preparations compounded from the formulas.

-According to the complaint, the respondent advertised, among
other things, that: “Greaseless Massage Cream” is a cure or remedy
for skin imperfections; “Hair Lay Cream” promotes hair growth
and relieves itching scalp; “Dandruff Remedy” is a cure or remedy
for that condition, and “Teeth VVhitener Formula A,” “Teeth
Whitener P'ormula B,” “Pine Oil Nasal Spray,” “Menthol,” “Cam-
jjhor Nasal Spray.” and “Nose Inhalant” are effective for the pur¬
poses advertised and are safe for use.

The complaint alleges that the preparations so advertised do not
accomplish the results claimed; that “Dandruff Remedy” is of no
therapeutic value in treating dandruff in excess of affording tem¬
porary relief from the itching symptom associated with dandruff
and assisting in the temporary removal of dandruff scales, and that
“Teeth Whitener Formula A,” “Pine Oil Nasal Spray,” “Menthol,”
“Camphor Nasal Spray,” and “Nose Inhalant” are not entirely
safe for use. (4505)

Keed Drug Company, Inc. — A complaint alleging misrepre¬
sentation in the sale of a medicinal preparation has been issued
against Reed Drug Co., Inc., 105 East Main St., West Frankfort, Ill.

The complaint charges the respondent with disseminating adver¬
tisements in which it represents directly and by implication that the
preparation designated as “Mrs. Bee’s Femo Capsules”, “Femo-
Caps”, and “Bee Caps”, constitutes a safe, competent and effective
treatment for delayed menstruation.

.According to the complaint, the product sold by the respondent
is not a competent or effective treatment for delayed menstruation
and is not safe for use in that it contains certain drugs in quantities
sufficient to cause serious and irreparable injury to health, if used
under the conditions prescribed in the advertisements or under
customary or usual conditions.

The complaint further charges that the advertisements dissemi¬
nated by the respondent constitute false advertisements in that they
fail to reveal that use of the preparation under such conditions may
result in gastro-intestinal disturbances or other serious injury.
(4507)

CEASE AND DESIST ORDERS

Commission has issued the following cease and desist orders:

Allied Specialties, Iiie., 621 Nobel St., Indianapolis, and Ralph
J. Biery and .^nne Springer, its officers, have been ordered to
cease and desist from misrepresentations in the sale of “Ko-Pak-
Ta” warming devices employed for displaying peanuts, and of
nuts for use in the devices.

Commission findings are that:

Salesmen for the respondents advertise in local newspapers, a
typical advertisement reading: “$2,600 cash will purchase control¬
ling interest in business. Worth $500 monthly to right man.
Party selected must be between 25 and 55 years of age, and furnish
references. Gentile. Unusual circumstances have made this open¬
ing available. .Address Box No. - .”

492 — May 29, 1941

Persons responding to advertisements receive special appoint¬
ments with the respondents’ representatives and are usually told
that large profits will result from operating the nut display
warmer. However, the respondents’ representations are exag¬
gerated and untrue and none of the purchasers have earned as
much as $500 monthly. Instead, it has been the experience of some
purchasers that the method of vending as proposed by the re¬
spondents is impractical and will not induce a sufficient amount
of sales to cover operating costs.

The Commission order directs the respondents to cease mis¬
representing the possible earnings or profits of those who purchase
or operate the nut display warmers and to cease representing,
directly or by inference, that the respondents guarantee any spe¬
cified amount as earnings or profits to purchasers or operators.

The respondents also are ordered to cease representing, directly
or by inference, that they assign exclusive territorial rights in any
certain trade area, when such territory is not so allotted; that
they obtain locations for nut display warmers when locations for
all the warmers sold by the respondents are not so obtained, and
that the respondents resell or permit the return of warmers for
refund of investment in case a purchaser is dissatisfied, unless
such devices are so disposed of and the investment is returned.

The Commission dismissed the complaint in this proceeding as
to William G. White, former vice president of Allied Specialties,
Inc., who had not participated in the respondents’ acts and prac¬
tices, as found. (3360)

Capital Drug (’oiupany — Max Caplan, trading as Capital Drug
Co., 18 East Campbell .Ave., Roanoke, Va., has been ordered to
cease and desist from misrepresentations in the sale of “Mrs. Bee
Femo Caps,” a medicinal preparation.

The Commission order directs the respondent to cease dis¬
seminating advertisements which represent, directly or through
inference, that this preparation constitutes an effective treatment
for delayed menstruation; that the preparation does not cause the
u.ser any discomfort, and that it is safe or harmless; or which
advertisements fail to reveal that use of the respondent’s product
may cause gastro-intestinal disturbances and other serious con¬
sequences. (4343)

Colonial Drug Co., Tulsa, Okla., and M. .A. Younkman, pre.':!-
dent of Colonial Drug Co. and trading as Colonial Sales Co., have
been ordered to cease and desist from misrepresentations in the
sale of “Natural Mineral Extract,” a medicinal preparation.

Commission findings are that the respondents disseminated
advertisements in various States representing, directly or by im¬
plication, that the external application of their product constitutes
a cure or remedy for various skin conditions and other ailments,
and that its internal use will purify the blood and be a competent
treatment for indigestion and stomach, intestinal and other dis¬
orders when in fact its use docs not accomplish the results claimed
and its therapeutic value is limited to that of a mild laxative or
mild diuretic.

The Commission order directs the respondents to cease dis¬
seminating advertisements which represent that “Natural Mineral
Extract” constitutes a cure or remedy for, or posses therapeutic
value in, the treatment of eczema, acne, athlete’s foot, rheumatism,
and some 25 other ailments; that it possesses germicidal, antiseptic,
or astringent properties; that it has therapeutic value as a tonic
or a blood purifier or in the treatment of women’s ailments, and
that it constitutes a competent or effective treatment for ill-
nourished, backward or defective children. (4260)

Compressed .\ir Institute — .A complaint charging Compressed
.Air Institute, 90 West St., New York, and others, with certain
acts and practices in the sale and distribution of compressed air
machinery and pneumatic tools, has been dismissed. The other
respondents in the case were C. Clifford Rohrbach, secretary and
manager of the institute, and Independent Pneumatic Tool Co.,
600 West Jackson Boulevard, Chicago; Gardner-Denver Co.,
South Front St., Quincy, Ilk: Ingersoll-Rand Co., 11 Broadway,
New A^ork; Worthington Pump and Machinery Corporation, Har¬
rison, N. J.; The Cleveland Pneumatic Tool Co., 3734 East 78th
St., Cleveland; The Cleveland Rock Drill Co., 3734 East 78th St.,
Cleveland; Sullivan Machinery Co., Michigan City, Ind., and
Chicago Pneumatic Tool Co., 6 East 44th St., New York, members
of the institute. (3958)

Gonlon-Gordon, Ltd., and its selling agent, Princess Pat, Ltd.,
2709 South Wells St., Chicago, has been ordered to cease and
desist from making misleading representations in the sale of
cosmetics.

Commission findings are that the respondents, in radio broad¬
casts and printed matter, made various representations purporting
to be descriptive of the quality and effectiveness of their cosmetics
and the harmful effects of certain ingredients used in face powders
by their competitors.

Findings are further that the respondents represented, among
other things, that the use of face powders containing orris root
causes the pores of the skin to clog, irritates the skin and causes
skin roughness, when in fact the evidence shows there is no
indication that orris root will clog the pores; that face powder
containing orris root does not generally cause irritation or skin
roughness; that some persons are allergic to orris root and their
use of face powder containing it would tend to cause skin irrita¬
tion and roughness (tests showing that from 10 per cent to 24
per cent of the persons tested might be so affected) , and that at
the time of hearing in the Commission proceeding, only about 10
per cent of face powder manufacturers used orris root as an
ingredient.

The Commission order directs the respondents to cease making
the representations found to have been made concerning the effect
of orris root in face powder unless such representations are limited
to cases in which the user is allergic to orris root.

The respondents also are directed to cease representing that
“Princess Pat Powder” is non-allergic to all persons, and that
its application will smooth the skin, make the skin soft or pliant,
or prevent coarse pores and blackheads; that use of their prepara¬
tion designated “Muscle Oil” and “Princess Pat Irradiated Muscle
Oil,” will prevent crow’s feet, wrinkles or sagging facial muscles
or will penetrate beneath the skin surface and beneficially affect
underlying facial muscles; that “Skin Cleanser” will penetrate
beneath the surface or prevent coarse pores, pimples, blackheads
or rough skin texture, and that the preparation “Skin Food Cream”
or “Anti-Wrinkle Cream” will nourish or feed the skin, or that
it is a tonic for the underlying nerves or will smooth out or
prevent lines or wrinkles.

The order also prohibits the respondents from using any desig¬
nation for their product formerly known as “Skin Food Cream”
and as “Anti-Wrinkle Cream” which includes the word “Food.”
(3793)

Hearst Magazines, Inc., of which Good Flousekeeping Maga¬
zine is a wholly owned subsidiary, has been ordered to cease and
desist from misrepresentations in its periodicals, magazines and
other publications, in connection with the use of seals, emblems and
other insignia, purporting either to guarantee the quality of various
advertised products or to indicate the nature and extent of respond¬
ent’s testing of such products.

The respondent maintains departments known as Good House¬
keeping Bureau and Good Housekeeping Institute for testing vari¬
ous products. In connection with the activities of these depart¬
ments, the respondent issues seals of approval, usually elliptical in
form, containing the words “Tested and approved,” a cut of a star
followed by a serial number with the name “Good Housekeeping
Institute” or “Good Housekeeping Bureau.” When the respondent
issues a certificate certifying that the product has been tested and
approved, it authorizes the use of seals of approval on the appli¬
cant’s merchandise and the reproduction of such seals in various
advertising and in circulars as may be desired.

The Commission finds that the respondent has represented that all
products, services or commercial offerings advertised in Good
Housekeeping are guaranteed by the respondent. The representa¬
tions with reference to guaranty of certain products advertised in
Good Housekeeping Magazine, the Commission finds, have the
tendency to mislead readers of the magazine and to cause them
to believe that the guaranty of the respondent is an unlimited
guaranty. In addition to this, the respondent authorizes advertisers
in the magazine to publicize such guaranty in other publications,
on labels attached to their products, and on containers of products
by use of an emblem or shield reading “Guaranteed by Good House¬
keeping as advertised therein” or “Guaranteed as advertised in
Good Housekeeping.” Such advertisers, when advertising in news¬
papers and publications not owned or controlled by the respondent,
and on labels and in circulars and other advertising material, use the
above-described emblem or shield.

Based upon the testimony of various witnesses with reference to
the extent to which their products were investigated by the re¬
spondent and the volume of business conducted in said products.

the Commission finds that while tests were made before seals of
approval were issued by either of the above-mentioned departments
of Good Housekeeping Magazine, such tests were generally net
sufficient to assure the fulfillment of the claims made for such
products.

The Commission also finds that the use and authorization by the
respondent of many different forms of seals, shields, emblems and
insignia, and the association therewith of the testing facilities and
operation of its various departments in various magazine articles
and in booklets, circulars and other advertising material, are con¬
fusing to the average reader and have the tendency and capacity to
mislead and deceive purchasers and readers of the respondent’s
magazine into believing that all products bearing a seal, shield,
emblem or insignia of Good Housekeeping Magazine have been
thoroughly and adequately tested and approved and are guaranteed
by the respondent when, in fact, such products are not guaranteed
by the respondent and some have not been adequately tested by it.

The Commission finds that the respondent also, by means of
articles in its magazine and by other statements and representations,
represents, directly and by inference, that all representations of. and
claims made for, products, services, or other commercial offerings
appearing in advertisements in its periodicals are true. Such repre¬
sentations are usually made in connection with discussion of the
testing facilities of Good Housekeeping Magazine and the effect or
purport of the guaranty by it of all advertising appearing in its
issues.

Based upon testimony concerning advertisements issued on vari¬
ous products, the Commission finds that many of the advertise¬
ments appearing in Good Housekeeping Magazine contained false,
deceptive and misleading statements and representations with refer¬
ence to the therapeutic value of medicinal preparations, the proper¬
ties and effectiveness of cosmetic preparations, the fiber content and
qualities of fabrics and wearing apparel, the properties and purity
of food products; the results to be obtained from the use of various
articles of merchandise, and the efficiency and reliability of services
and other commercial offerings.

The Commission orders that Heart Magazines, Inc., its officers,
directors or representatives, in connection with the offering for sale
and distribution of its periodicals, magazines or other publications,
and the issuance or authorization of various seals of approval,
emblems, shields or other insignia, cease and desist from;

1. Representing, directly or indirectly, that all representations of,
and claims made for, products, services or other commercial offer¬
ings described in advertisements appearing in any of its periodicals,
magazines or other publications are true when any representation
or claim contained in such advertisements is not in fact true;

2. Using, or authorizing, or allowing others to use, seals, emblems,
shields or other insignia, w'hich represent in any manner that any
food, drug, cosmetic, or therapeutic device, has been tested, or
tested and approved, by, or at the instance of, the respondent, or
any organization owned or controlled by it, or otherw’ise repre¬
senting, or authorizing or allowing others to represent in any man¬
ner, that any such product has been tested, or tested and approved,
by, or at the instance of, the respondent or any organization owned
or controlled by it, unless and until the product concerning which
such representation is made has, in fact, been adequately and
thoroughly tested in such a manner as to insure, at the time such
product is sold to the consuming public, the quality, nature and
properties of such product in relation to the intended usage thereof
and the fulfillment of the claims made therefor in connection with
the use of such insignia or representation ;

3. Using, or authorizing, or allowing others to use, seals, emblems,
shields or other insignia which represent in any manner that any
mechanical device or article of household equipment, other than
those included in paragraph 2, has been tested, or tested and ap¬
proved by, or at the instance of, the respondent, or any organiza¬
tion owned or controlled by it, or otherwise representing, or author¬
izing or allowing others to represent, that such product has been
tested and approved, unless and until the product concerning which
such representation is made has, in fact, been adequately and
thoroughly tested in such manner as reasonably to assure, at the
time such product is sold to the consuming public, the quality,
nature and properties of such product in relation to the intended
usage thereof and the fulfillment of the material claims made in
connection with the use of such insignia or representation;

4. Authorizing, using or allowing the use of seals, emblems,
shields or other insignia which represent, directly or by implication,
that an inquiry or investigation has been made by, or at the in¬
stance of, the respondent, or any organization owned or controlled
by it, of a service or other commercial offering (not including any
product) in connection with which such seal, emblem, shield or

May 29, 1941 — 493

other insignia is used, unless and until the respondent has, in fact,
made a sufficiently adequate and thorough investigation or inquiry
as to assure the fulfillment of the claims made for such service or
commercial offering in connection with the use of such insignia
or representation;

5. Representing, directly or by implication, that an>’ product,
service or other commercial offering advertised in its magazines,
periodicals or other publications, or for which respondent has
authorized the use of any seal, emblem, shield or other insignia, is
guaranteed by respondent, unless such guaranty is without limita¬
tion, or, if limited, unless all limitations upon such guaranty are
clearh', conspicuously and explicitly stated in immediate conjunc¬
tion with all such representations of guaranty ;

6. Authorizing, or allowing others to represent, directly or by
implication, that any [jroduct, service or other commercial offering
advertised in its magazines, periodicals or other publications, or for
which respondent has authorized the use of any seal, emblem, shield
or other insignia, is guaranteed by respondent, unless such guaranty
is without limitation, or, if limited, unless all limitations on such
guaranty are clearly, conspicuously and explicitly stated in immedi¬
ate conjunction with all such representations in the guaranty.

The provisions of the order do not prohibit the use of the word
“recommended” on any seal, emldem, shield or other insignia when
the product on which the insignia is used has been adequately and
thoroughly tested by the respondent in such a manner as reasonably
to assure the quality, nature and properties of such product in rela¬
tion to the intended usage and when the form of the insignia is
readily distinguishable by the consuming puljlic from any seal,
emblem, shield or any other insignia bearing any guaranty. (3872)

Wilol, Iiic., VVitol Ilcauty Laboratories, Inc., and William
Witol, president of Wdtol, Inc., all of 1700 Broadway, New York,
has been ordered to cease and desist from misrepresentations in the
sale of cosmetic preparations.

The order directs the respondents to cease disseminating adver¬
tisements which represent that their preparations “Witol's New
Liquid Skin Peel" or “'Pake-Off” will remove the outer layer of
the skin and give the user a new, fresh surface skin; that these
preparations are effective in treating pimples, blackheads, white¬
heads, freckles, or sui)erficial blemishes, or will cause large pores
and fine lines to diminish, or that the respondents’ preparations are
sold !)>' means of a special or limited offer w'hen in fact the distri-
Inition method is the usual means employed by the respondents in
the customary course of business and there is no limitation of the
sale of such products.

The Commission dismissed its complaint in this proceeding as to
the former respondents .^nn Felix, who w'as vice-president of the
two corporations, and Hattie Blankfeld, formerly secretary of Witol
Beauty Laboratories, Inc. (3934)

STIPULATIONS

Following stipulations have been entered by the Commission:

IJt'iisoEt iS Dali, Inc., an advertising agency, of 327 South
LaSalle St., Chicago, has entered into a stipulation to cease certain
representations in the dissemination of advertisements concerning
“Stuart’s Laxative Compound Tablets” on behalf of F. A. Stuart
Co., Marshall, Mich.

The respondent agency agrees that it will cease disseminating
advertisements of the Stuart [^reparation which reirresent, directly
or by implication, that the [)roduct will in no case have deleterious
effects or is safe to use in all cases, or which advertisements fail to
reveal (1) that use of the preparation should be discontinued where
a skin rash ajapears; (2) that it should not be used when abdominal
[rains or other appendicitis symptoms are present, and (3) that its
frequent or continuetl use may result in dependence on laxatives.

The stipulation provides, however, that such advertisement need
contain only a statement that the preparation should be used as
directed on the label if and w'hen the label contains the proper
warnings. (02791)

Ifiitli Clark's Piaalurls — Ruth Clark, trading as Ruth Clark’s
Products, 430 South Broadway, Los Angeles, have entered into a
stipulation to cease certain representations in the sale of food, drug
anti cosmetic [products.

The res[)ondent agrees to cease representing, directly or by impli¬
cation, through use of the ablireviation “Vit” or the w'ord ‘A’ita-
min," in connection with the letter in the brand name of her
[)roducts, “Vit-A-Pac,” “X'itamin ‘A’ Beauty Cream,” and “Vit-A-

494 — May 29, 1941

Hair and Scalp Oil,” that the Vitamin A content has any beneficial
influence or effect on the skin, hair or scalp, and to desist from
representing, through use of the word “manufacturer” in connection
with the advertising of her products, that she manufactures or com¬
pounds all of the products which she sells.

The respondent further stipulates she will cease advertising that
her food product, “Re-Chemicalizing Bouillon,” is of value or effect
in the relief, treatment or correction of arthritis, neuritis, colds,
nervousness or skin troubles, or as a reducing aid of itself or when
combined with “Blendavita Tea”; or that “Re-Chemicalizing
Bouillon” has value in treating or correcting anemia or an under¬
weight condition in excess of such benefits as may accrue from its
food elements.

Linder her stipulation, the respondent also agrees to cease repre¬
senting, by use of the w'ord “Re-Chemicalizing” in the brand name
or by any other means, that “Re-Chemicalizing Bouillon” will re¬
chemicalize the system.

In the sale of “Blendavita Tea,” the respondent agrees to cease
advertising that it has any value in the treatment of kidney, bladder,
and skin ailments; that it is an aid to digestion or in the relief of
insomnia, or acts as an alkalizing agent; that it is of value of itself
or wdien combined wdth the product “Re-Chemicalizing Bouillon”
as a reducing aid; that, when combined with “Re-Chemicalizing
Bouillon,” it is of value in the treatment of arthritis or neuritis, or
that when so combined it is of value in the relief of an underw'eight
condition in excess of such benefits as may accrue from the food
elements contained in the combined products.

The respondent also stipulates she wall desist from representing
that “Oils of Youth” will keep the body internally clean, and that
“Vitamin ‘.L’ Concentrate” would be valuable to persons suffering
from frequent colds, sinus trouble or skin infections, unless the
claims reveal that this product would be of value only in cases of
X'itamin A deficiency, (02792)

Clyde Collins, Iiie., Memphis, Tenn., stipulated that in dissemi¬
nating advertisements of flavorings designated “Vanilla Extract,”
“Lemon Extract,” “Strawberry Extract,” “Pineapple Extract,”
and “Banana Extract,” it will cease using the words “Lemon,”
“Strawberry,” “Pineapple,” or “Banana” in combination with
the W'ord “Extract” unless the products are composed of genuine
ingredients, as distinguished from synthetic chemical substitutes,
and such ingredients are suspended in ethyl alcohol. The re¬
spondent further agrees to desist from employing the term
“Vanilla Extract” to describe a flavoring product, unless it is
prepared with a vehicle of ethyl alcohol and contains a flavoring
content at least 50 per cent of which consists of true vanilla made
from the vanilla bean, (02796)

II. Feiidricli, Iiu-oi'itorated, 101 Oakley St., Evansville, Ind.,
entered into a stipulation in which it agrees to cease certain
representations in the sale of cigars. The respondent agrees to
desist from representing that its “La Fendrich” cigars contain
an “imported Havana-rich long filler,” or from making any other
representation referring to the origin of the filler tobacco of these
cigars, unless the country of origin of each of the filler tobaccos
used is set forth in the order of their respective predominance by
weight and with equal emphasis. The respondent also agrees
to cease advertising that the price of this cigar w'as formerly 10
cents and is now' only 5 cents, or any other representation indi¬
cating a price reduction unless the price of the particular cigar
referred to has recently been the [jrice stated and the reduction
has only recently become effective, or unless the date of the price
reduction is stated conspicuously in conjunction with the former
price. (02794)

Forsler Neckwear Co., Inc., 12 West 27th St., New York,
entered into a stipulation to cease certain representations in the
sale of men’s neckwear.

The respondent corporation agrees to cease using the words
“Silk” or “Imported Silk” or any other word or coined W’ords
connoting silk in or on advertising trade literature, labels, invoices,
or otherwise, to describe fabrics or merchandise not composed of
silk.

The stipulation provides that (1) if the products arc composed
partly of silk and partly of some other fiber material, the word
“Silk,” or similar words, if used to refer to the silk content, shall
be accompanied by other words in equally conspicuous type
indicating clearly that the products are not made wholly of silk;
and (2) if the fiber other than silk constitutes the major content
of the product, the name of the predominating material shall
[jrecede the word “Silk,” as for example, “Cotton and Silk.”

The respondent also agrees to cease advertising, branding,
labeling, invoicing or selling neckwear or other products as “Im¬
ported Fabrics’’ which are composed in whole or in part of rayon
without clearly disclosing the rayon content by use of the word
“Rayon”; and, w’hen materials other than rayon are also present,
without disclosing in type equally as conspicuous as the word
“Rayon,” each constituent fiber in the order of its predominance
by weight. (3111)

General Beauty Products Company — Trading as General
Beauty Products Co., and having their headquarters at 2110 West
Madison St., Chicago, Hec Barth, Samuel Barth and Mrs. Hec
Barth, co-partners, stipulated to cease certain representations in
connection with the mail order sale of beauty supplies and
equipment.

In their stipulation, the respondents agree to cease employing the
words “Crystal-Sheen,” alone or in connection with the particular
label and design of the container of their hair-rinse product, or
in any other way implying that the product is the widely and
favorably known “Sparkle-Sheen” hair rinse, a competitive prod¬
uct, and to cease using any word as part of the trade name for,
or any representation relating to, the product “Dandruff Eradica-
tor,” so as to imply that the product, when locally applied to the
scalp, will eradicate, remove or destroy dandruff or promote
hair growth or feed or nourish dry scalps.

The respondents also stipulate they will cease using as a brand
name for their emulsion the word “Lanoleen,” or any other
phonetic spelling of the word “Lanolin,” alone or in connection
with other words so as to imply that their product is a Lanolin
product or that its Lanolin content is substantial and contributes
any value.

In their stipulation the respondents, in connection with the
illustration of any product, agree to cease employing the legend
“Weight 4 oz.” or any other weight indication the effect of which
tends to convey the impression that such indication refers to the
weight of the contents of the product when in fact it actually
refers to the mailing weight. (3112)

General Eieetrie Co., Bridgeport, Conn., entered into a stipu¬
lation to cease certain representations in the sale of electrical
heating pads.

According to the stipulation, the respondent advertised heating
pads by means of the descriptions “Three Heats,” “Three Heat
Switch” or “Low, Medium or High Heat” so as to imply that
operation of the switches results in maintaining three distinct
temperatures, when in fact they merely regulate the time required
to heat the pads to a single maximum temperature.

The stipulation further recites that the respondent described
covers for its heating pads as “Eiderdown” when they were com¬
posed not of eiderdown but wholly or partly of rayon, a fact
not disclosed in advertising matter.

Under its stipulation, the respondent agrees to cease representing
its heating pads in a manner implying that they are capable of
maintaining three different degrees of heat and to cease the rep¬
resentations made concerning the composition of the covers, unless
properly qualified to show the rayon and other content. (3110)

General Vitamins Company — R. V. Annen, trading as General
Vitamins Co., 565 West Washington, Blvd., Chicago, has entered
into a stipulation to cease certain representations in the sale of
“Yev,” a medicinal preparation.

The respondent agrees to cease advertising that “\’ev” is a
vitamin laxative, or, by any other terminology, that it contains
vitamins in an amount sufficient to accomplish any therapeutic
or dietetic effect.

The respondent also agrees to cease representing, by use of the
words “end” and “eliminate” or similar words that the preparation
is a remedy for or will cure constipation or has any value in
treating this condition in excess of affording temporary relief
from its symptoms. The respondent further stipulates that he
will cease advertising the product as having value for any symptom
or condition in excess of affording temporary relief or benefit for
such symptoms or conditions as are due to constipation.

The respondent stipulates that he will cease disseminating adver¬
tisements which fail to reveal (1) that his product should not be
used when abdominal pain or other appendicitis symptoms are
present, and (2) that its frequent or continued use may result in
dependence on laxatives. The stipulation provides, however, that

such advertisements need contain only a statement cautioning that
the preparation should be used as directed on the label, if and
when the label contains the proper warnings. (02795)

fieri Yarn Mills — Herman Rosenberg, trading as Jeri Yarn
Mills, 345 Grand St., New York, has entered into a stipulation
to cease and desist from certain representations in the sale of yarn.

The respondent agrees to cease employing the word "Mills” as
a part of his trade name and to desist from using this word or
similar words to imply that he manufactures the products sold by
him or owns and operates a factory or mill in which they are
made.

Under his stipulation the respondent further agrees to cease
advertising, branding, labeling or selling yarn or other products
composed in whole or in part of rayon without clearly disclosing
the rayon content and, when the products contain both rayon
and other materials, each constituent fiber or material in the
order of its predominance by weight.

The respondent also stipulates he will desist from employing
the words “Worsted,” “Tweed” or other words connoting wool
to designate a product not composed of wool; or the word
“Cashmere” to clescribe a product not composed of the hair or
fleece of the Cashmere goat. The stipulation provides that in the
case of a product composed in part of either wool or cashmere,
the words “Worsted,” “Tweed” or other wool connoting words
or the word “Cashmere,” if properly used to describe the wool
or cashmere content, respectively, shall be accompanied by other
words in equally conspicuous type accurately describing each con¬
stituent fiber or material of which the product is composed, in
the order of its predominance by weight. (3109)

Petpak Products Co., 3264 North 33rd St., Milwaukee, has
entered into a stipulation to cease certain representations in the
sale of bird foods. The respondent agrees to desist from adver¬
tising that the use of its “Petpak Mating Food” or any of its
products will insure fertile eggs or strong, healthy fledglings, or
that its products reduce bird mortality or produce stronger or
healthier birds. The respondent also stipulates that it will cease
representing that “Petpak Special Baby Bird Food” contains no
filler, or that the potency of the vitamins in its products is
preserved. (02793)

Knapp-Monarch Co.. St. Louis, and Dominion Electrical Manu¬
facturing, Inc., Mansfield, Ohio, entered into stipulations to cease
certain representations in the sale of electrical heating pads.

The respondents agree that in the sale of electrical heating
pads not equipped with adequate thermostatic or other heat con¬
trols calibrated for three different degrees of heat, they will cease
making representations which imply that the pads are capable
of maintaining, or that operation of the switches used in con¬
nection with the pads results in maintaining, three distinct tem¬
peratures.

According to the stipulations, the operation of the switches
merely regulates the time required to heat the pads to a single
maximum temperature for which the heat control units are cali¬
brated. (3114-3115)

\ ogue Silks — Irving Roth and Arthur Bassin, co-partners trad¬
ing as Vogue Silks, 724 Fifth Ave., New York, have entered into
a stipulation to cease and desist from certain representations in
the sale of textile fabrics.

The respondents agree to cease employing the words “Pure
Dye” or any other words connoting silk to describe a product
not composed of silk. The stipulation provides that if a product
is composed partly of silk and partly of other fibers or materials,
the words “Pure Dye” or other silk connoting words, if properly
used to describe the silk content, shall be immediately accompanied
by other words in equally conspicuous type to accurately designate
each constituent fiber or material in the order of its predominance
by weight.

Under their stipulation, the respondents further agree to cease
advertising, branding, labeling, invoicing or selling products com¬
posed wholly or partly of rayon without clearly disclosing (1)
the rayon content by use of the word “Rayon” and (2) each
constituent fiber of products composed of both rayon and other
materials in the order of each fiber’s predominance by weight, and
in immediate connection with the word “Rayon.” (3113)

May 29, 1941 — 495

'p >■

SPECIAL —

Senate Interstate Commerce Committee Hearings on White Resolution

1626 K STREET, N. W.

WASHINGTON, D. C.

JUNE 2, 1941

WHITE SHOCKED AT FCC’S ATTITUDE

Senator Wallace H. White today urged a study by
Congress of all phases of American radio, including an
investigation of the Federal Communications Commis¬
sion and its recently promulgated regulations affecting
network broadcasting. Senator White’s statement was
made at the opening of hearings by the Senate Interstate
Commerce Committee on the resolution he introduced
IMa}^ 13 demanding such study.

“I have long been an advocate of a comprehensive
study of this whole radio problem and of the administra¬
tion of our present radio law,” Senator White said.

Still Favors Study

“As far back as 1937 I offered in the Senate a resolu¬
tion w'hich was pretty general in its character, and I
strenuously urged at that time that we should undertake
a study of the whole radio situation, and that the Con¬
gress should particularly concern itself with matters of
principles and policies as they should guide the industry,
W'hereby we would guide our regulatory body in its efforts
to administer the law.

“I still favor a comprehensive study of the whole radio
situation.

“I still feel that the Congress perhaps ought to lay
down more definitely than we have in the existing law,
the policies and principles which should guide us and
which should control the regulatory body, and w'hich
should keep the industry itself in what we believe to be
the appropriate bounds.”

Referring to the regulations recently promulgated by
the FCC, Senator White continued, “I think those regu¬
lations suggest such an altered course and are of such
importance, both to us as representatives here in the
Congress, and to the industry — and I might include the

regulatory body itself — that there ought to be a study
of the questions raised by those regulations.

“Surprised and Shocked”

“I am very frank to say that it never occurred to me
there would be any substantial opposition in any quarter
to a study of the possible or probable or feared effects
of those regulations. I have thought and I might
as w'ell say it here openly, that I have been rather
surprised, even shocked, that the Commission itself feels
it appropriate to oppose the study which this resolution
suggests.

“I have been here in Congress quite a while; I
think there is only one member about this table who
has served longer than I, and this is the first time
so far as my knowledge goes that a regulatory body
of the Government, a creature of the Congress itself,
has felt it appropriate to challenge either the wisdom
or the right of a committee of Congress to review
its acts and the policies which it is undertaking to
put into effect.”

Fly Opposes Review

Chairman Fly opposes a Congressional review although
the broadcasting industry has gone on record as favoring
one.

“I repeat,” Senator White went on, “that that position
came to me as something of a shock, because I cannot
recall another instance in the years I have been in
Congress when a regulatory body set up by the Con¬
gress, as I say, has challenged the wisdom of a con¬
gressional survey of what it was doing and of its claimed
rights.

“Now, 1 confess that I rather resent that attitude. It
seems to me it indicates the thought that the creature
has become at least as important as, if not of greater
importance than, its creator. So I just do not like that
attitude.

Industry Stirred by Regulations

“The radio industry has been greatly stirred by these
regulations. 1 do not know whether the criticisms of
the industry are justified or are not justified.

“I have wanted to keep an open mind as to the objec¬
tives of the Commission. I have wanted to keep an
open mind so far as I could as to the effects of those

regulations upon the industry. But I confess I had
thought the resolution would be reported out, and that
then in the orderly course of events we would begin a
detailed study of the questions raised. And, so far as
I am concerned, I would have no objection to expanding
this study to any appropriate length.”

FCC Chairman Fly, the only witness heard during
the first day, devoted much of his time to a resume of
the procedure and the hearings upon which the majority
of the Commission based the regulations. His testimony
was not completed.

SPECIAL —

Senate Interstate Commerce Committee Hearings on White Resolution

1626 K STREET, N. W.

WASHINGTON, D. C.

JUNE 3, 1941

WHITE RESOLUTION HEARING: SECOND DAY

James Lawrence Fly, FCC chairman, was on the stand
throughout the second day of the Senate Interstate Com¬
merce Committee’s hearing on the White resolution (Tues¬
day) .

Senator White (R-AIaine), author of the resolution,
opened with a statement that he felt Congress, not the
FCC, should lay down the policies governing radio. He
pointed out that in I'vlarch, 1937, he had urged a congres¬
sional survey of both the industry and the FCC, and that
he had reiterated this position in Way, 1938, with par¬
ticular reference to network broadcasting.

The Senator said he was making this statement to
clarify any misunderstanding that might have grown out
of Mr. Fly’s remarks the previous day. Mr. Fly had said
the FCC had undertaken the “monopoly” investigation
and had formulated the new network rules as a result of
congressional pressure, and had cjuoted from one of Sen¬
ator White’s speeches in that connection.

The Senator concluded his statement by asking why
the FCC had not submitted its “monopoly” findings,
along with recommendations, to Congress, and adding:
“I shrink from commission-made law.”

Mr. Fly opened his day's testimony by defending the
FCC’s right to make the new network rules. He cited the
history of anti-monopoly law among the English-speak¬
ing peoples and said the feeling of Congress was so strong
against monopoly that it had written an anti-monopoly
policy into the radio laws of ’29 and ’34; and had em¬
powered the FCC to make special regulations for chain
broadcasting. At one point, Senator White stopped Mr.
Fly to state that the chairman was inferring that he (the
Senator) was an advocate of monopoly. Mr. Fly said he
had no such intention and was sorry.

Mr. Fly then turned to the charges made yesterday by

Senator Tobey (R-NH) that the commission v/as sub¬
ject to political pressure in awarding licenses, giving
power increases, etc., and had given special attention to
applications from Governor Cox and Jesse Jones. Yester¬
day, (Mr. Fly had said that a transfer application from
Governor Cox had gone through with unusual speed be¬
cause there were no engineering problems to consider and
because the governor's financial position and other quali¬
fications were well known. As to any Jesse Jones case,
Mr. Fly said today, there had been no extraordinary
speed in putting through the only one that had aroused
any comment.

Mr. Fly also said he had not meant to imply by his
remarks yesterday that there was no political pressure
brought to bear on the commission.

“We are subject to an unmerciful line of political
pressure,” he said, adding that this was true “never
as much as now from a scandal-mongering section of
the industry.”

Senator Tobey then suggested that the FCC ask all
stations and networks to submit lists of all their speakers
on the issue of whether this country should get into the
war, along with the texts of all the speeches. He indi¬
cated that he felt some stations had not given the “anti¬
war” side an ecpial amount of time. When he asked
Mr. Fly whether he felt this should be done, 3,Ir. Fly
said he concurred. Both Senator Wheeler and Senator
Tobey pointed out at that point that they felt the net¬
works had been fair in this respect, but that some indi¬
vidual stations had not been.

Mr. Fly then turned to that section of the new rules
dealing with “exclusivity'’ which he discussed at great
length. He was interrupted frequently by questions from
the committee. At one point, in reply to a question, he

said he thought it would be ‘'healthy'’ to have six national
networks, and that each could be a “good, healthy, profit¬
able operation.” He was not certain that this was the
proper number, however, nor was he at all certain that
the establishment of any new networks (aside from the
separated Blue) would result from the new rules.

Any talk that the new rules would result in a general
shake-up of the industry, he said, was “just so much
moonshine.”

He indicated that the commission expected the new
rules to be tested by litigation, and said that no punitive
action would be taken against any station that entered
into any boiiafirle litigation in this respect. Such a station,
he said, could continue to operate as at present, pending
the outcome of the litigation. He also said that the
90-day limit on sale of the Blue network by NBC could

and probably should be extended to prevent a forced sale.
Some observers thought that iMr. Fly did not answer
definitely a question as to whether the operation of the
new rules would be suspended in entirety pending the
outcome of any litigation.

Senator Smith (D-SC) at one point asked Mr. Fly
whether there wasn’t in fact unlimited competition be¬
tween the networks — “Are these two companies competing
with each other or are they in cahoots?”

“I have thought in my observation that they were pretty
footy-footy,” Mr. Fly replied.

As the session neared a close, Mr. Fly repeated that
the new rules constituted “a minor operation on a few
small clauses in these (network affiliation) contracts” and
“not a wrecking operation . . . except for the Red and
Blue.”

SPECIAL —

Senate Interstate Commerce Committee Hearings on White Resolution

1626 K STREET, N. W.

WASHINGTON, D. C.

JUNE 4, 1941

WHITE RESOLUTION HEARING: THIRD DAY

Senator Wheeler announced at the opening of the hear¬
ing Wednesday that after today’s session the hearing
would be adjourned until next Monday. Some discussion
of the order of appearances indicated that Chairman Fly
would conclude his testimony next Monday; that he
would be followed by Mutual witnesses; that Commis¬
sioner Craven would follow these; and that industry
proponents of the White resolution would appear, start¬
ing next Thursday or possibly Friday.

Mr. Fly and Senator White continued their debate as
to whether the FCC had the authority to make the new
network rules. The Senator contended it was never the
intention of Congress to delegate such authority to the
Commission and pointed out that he had some intimate
knowledge of Congressional intention since he drafted
several of the sections of the law upon which the FCC
based its authority. The Senator said it was not the in¬
tention of Congress to give the FCC power to determine
whether stations violated the anti-trust laws. That was
left to the courts. The commission, he said, had been
given power only to revoke licenses of those stations
which the courts had found guilty of anti-trust law viola¬
tion. Mr. Fly answered that surely Congress did not
want the FCC to sit by and watch monopoly develop,
without doing anything about it. He also quoted from
a speech by Senator Dill, made at the time the radio law
was being considered in the Senate, which Mr. Fly said
showed that Congress intended the commission to prevent
the growth of radio monopoly.

Senator Wheeler said that Congress did have in mind,
when the radio law was enacted, that monopoly should
not be built up in the industry, and that the FCC in
issuing licenses should consider whether they tended to
build up a monopoly. Senator White reiterated, how¬

ever, that he was “as certain as anything human that we
didn’t intend by that (Section 303 (i)) to give the FCC
power to write an anti-trust statute of its own. . . .” He
suggested that this section should be rewritten to both
grant and limit powers to the FCC in this respect. Sen¬
ator Wheeler pointed out, at one point in the discussion,
that radio stations had the right to go into court to de¬
termine the issue, while at another point Senator Mc¬
Farland of Arizona said that there seemed to be con¬
fusion and asked why Congress shouldn’t interpret what
it meant and write it into law.

When Mr. Fly returned to his discussion of the “ex¬
clusivity” sections of the new rules. Senator Wheeler
asked him whether it was not possible that advertising
agencies in many instances would single out the most
powerful stations in the best markets for their programs,
thus depriving many smaller affiliates of network revenue
they now enjoy, hlr. Fly said this would be possible
but that he didn’t think it would be feasible since the
agencies then would have to go into the network busi¬
ness — getting wires, setting up studios, and all.

As to territorial exclusivity, Mr. Fly said he agreed that
duplicate coverage in one market was not desirable, but
that other stations should have the opportunity to take
programs rejected by an affiliate, particularly speeches
by senators and members of Congress.

As to program rejection and the terms of current net¬
work affiliation contracts dealing with this subject, IMr.
Fly said the discretion for acceptance or rejection of pro¬
grams was rightly lodged with the licensee and should not
be transferred to “a couple of New York Corporations.”

Senator Tobey remarked, “I think that is elementary.”

When he turned to the sale of the Blue, Mr. Fly said
he didn’t think NBC would have any difficulty in mak-

ing the sale. Under independent ownership, he said,
“it ought to be a much healthier network” and “will
make more money than it is making today.”

In connection with the sale, discussion again turned to
possible court action. i\lr. Fly said he would welcome
a court test, but indicated that the Commission might
take steps against those involved “if they attempted to
paralyze the rules through long delays,” such as the
introduction of bills in Congress and similar actions.

Senator Wheeler commented that he thought the in¬
dustry should not be penalized for going to court, and
that the NBC should be given reasonable time to dispose
of the Blue. At that point Senator Smith asked Mr. Fly
whether he had understood him to say that the industry
should be given time to go to court but not to go to Con¬
gress for relief. That led to an exchange between Senator
White and Mr. Fly in which Mr. Fly accused the in¬
dustry of “marching behind” Senator White in an effort
to stymie the operation of the new rules. When the
senator objected to this, Mr. Fly hastily assured him
that he did not mean to imply that the senator’s motives
were anything but the highest.

Senator Wheeler remarked during this discussion that
there had been “too much heat” generated by both the
broadcasters and the Commission in connection with the
monopoly issue and that “it ought to stop.” “Those who
are doing it are making a mistake from their own stand¬
point,” he said.

Senator Johnson asked Mr. Fly why so many affiliates
didn’t want all the liberty that the FCC was proposing
to give them. Mr. Fly said they hadn’t had the oppor¬
tunity to express an independent opinion. Senator
Wheeler added that there were two things the industry
feared: the FCC and the industry. “I found out in
St. Louis that they weren’t afraid of me,” Mr. Fly
laughed. He agreed with Senator Wheeler about the
“heat.”

.\t the end of the day’s hearing, Mr. Fly reiterated
his freciuently made assertion that “I don’t think for
a moment that we ought to have government owner¬
ship” of radio. The growdh of monopoly, he said,
was a step toward government ownership, and the in¬
dustry w'as “moving step by step, hour by hour, to¬
ward monopoly.”

1626 K STREET, N. W.

WASHINGTON, D. C

Voi. 9, No. 22, June 6, 1941

White Hearing

Indications this week-end were that industry proponents of the
White Resolution (S. 113) would start their testimony before the
Senate Interstate Commerce Committee either Thursday of Friday.
It is possible, however, that this testimony will not start until the
third week of the hearing. The hearing, recessed Wednesday noon,
will be resumed Monday at 10 a. m. Chairman Fly will appear
for the fourth day. Mutual Broadcasting System witnesses are
scheduled to follow Mr. Fly with about tw'o days of testimony.
Commissioner Craven who, with Commissioner Case dissented in
the Monopoly Report, is to follow Mutual. Industry proponents
are scheduled to follow Mr. Craven.

Following are some portions of the transcript of remarks at the
hearing this week which may be of interest to members. Remarks
of THE CHAIKMAN are those of Senator Wheeler, Chairman of
the Interstate Commerce Committee.

Commission vs. Congress

SKN.ATOK WHITE, .\bout 13 or 20 minutes ago my atten¬
tion was called to a newspaper account of some of the testimony
of yesterday. It made particular reference to quotations by the wit¬
ness from a speech w'hich I made in the Senate in 1937. At the
time the Chairman of the Commission was making reference to that
speech I had not had occasion to read it for a substantial length
of time. I know it was a good speech, and I recommended its
reading to the chairman some time back, but I had not read it
myself,

I recall that the Chairman of the Commission said that that
speech of mine was a part of the motivating force for the investi¬
gation conducted by the Commission. I have no objection to that
at all, because I do approve of the Commission’s studying these
problems, but I rather pull away from the suggestion that I think
is involved in what the Chairman of the Commission said, that I
necessarily approve of the findings of the Commission or of the
specific recommendations by the Commission.

.\s a matter of fact, Mr. Chairman, I have very definite ideas
as to the responsibility of the Congress itself for the determination
of principles and for the laying down of policies which should
guide a regulatory body in the performance of its duties; and I
think, if one will read that 1937 speech I made, it will show beyond
all peradventure that what I was urging was not any specific action
by the Commission, and certainly they will agree that I was not
approving any recommendations that the Commission might here¬
after reach, but what I was undertaking to do in that speech was
to stress the obligation of the Congress itself to give study to these
problems and to reach its conclusions with respect to these prob¬
lems, and lay down rules which should guide the regulatory body.

For the purposes of the record I want to read the very first para¬
graph of the speech from which the Chairman of the Commission
quoted yesterday. I do not challenge the accuracy of the references
or the quotations of the Chairman of the Commission, but I think

a conclusion has been drawn as to what I had in mind which was
not and is not justified.

This is a speech made on March 17, 1937 — and I do not sup¬
pose there ever was a talk of mine so long remembered, before.

THE CHAIKMAN. We can all agree with you on that.

SENATOR WHITE. I said at the very start (reading):

“Mr. President, the pendency in the other body of the Congress
of a resolution authorizing an investigation of various phases of the
radio industry, and reports that the Senator from Montana (Mr.
Wheeler), Chairman of the Interstate Commerce Committee of the
Senate, contemplates the introduction of a resolution of similar
purposes, prompts me to bring to the attention of the Senate some
of the principles and policies embodied in existing law, summarizing
the present facts which have relation to those declared policies anrl
to voice my approval of a Congressional survey of law and facts,
that we may more wisely consider what the public interest in this
field of communications is, whether present law' rightly declares
this public interest and is calculated to serve it, and whether the
Federal Communications Commission is respecting the law' and, in
its administration, is furthering its interest or is heedless of the
Congressional purpose.”

I have read that because I think it clearly states in the very
opening of the talk I made my major purpose, which was an effort
to induce the Congress to undertake these studies and to reach its
own conclusions.

I did not mean to suggest at all that the study by the Congress
was to be exclusive of study by the Comm.unications Commission,
but I mean to say that it w'as then my thought, and it is now my
thought, that major questions of policy should be the responsibility
of the Congress to determine, and that the obligation of the regu¬
latory body is only to make its studies and its recommendations to
the Congress and to administer the law as the Congress has laid it
dow’n in accordance with the purpose of the Congress so far as
that purpose can be ascertained.

.And then, if I may go on for a moment, I made another speech
in 1938, and in that speech I spoke of various problems. I want to
quote two or three extracts from that speech, because I think they
reinforce and make still clearer what my purpose w'as in this whole
matter.

THE CHAIRMAN. We have all made speeches at times that
we wish we had not made.

SEN’.ATOK WHITE. I still stand by this. I said (reading):

“Most of the problems w'hich are confronting us today involve
questions of policy and questions of principle, and I conceive it to
be the duty of the legislative body to determine matters of funda¬
mental policy and to lay dow'n the principles which shall guide an
administrative body in the performance of its legitimate functions.

“Mr. President, the Federal Communications Commission should
neither have the right nor should it have placed upon it the bur¬
den of determining questions of governmental policy.”

And then there was an interruption from the Senator from Mon¬
tana ; but I shall not quote what he said. I will pass that over in
such silence as 1 can. Then I went on and said this;

“One of the questions which has been under agitation for a long
while is the question of chain broadcasting. .As early as 1927 Con-

( Continued on page 498)

June 6, 1941 — 497

Neville Miller, President C. E. Arney, Jr., Assistant to President

Edward M. Kirby, Director of Public Relations; Joseph L. Miller,
Director of Labor Relations ; Frank E. Pellegrin, Director of
Broadcast Advertising ; Paul F. Peter, Director of Research:
Russell P. Place, Counsel; Lynne C. Smeby. Director of Engineering

WHITE HEARING
(Continued from page 497)

press recognized that there might l)e special and peculiar problems
arising from the development of chains throughout the United
States, and it wrote into the original Act of 1927 authority in the
Communications Commission to make special rules and regulations
for the government of stations engaging in such activities.”

Then I went on and mentioned the fact that back in 1935 one
of the Commissioners had moved in the Commission that the Com¬
mission undertake a study of this problem, and I mentioned the
fact that although that motion had been made in 1935, up to this
time — that is. May, 1938 — nothing had been done, although it was
understood that the Commission was about to undertake a study
of the problem.

Then I went on and discussed chain broadcasting somew'hat, the
number of stations that were controlled by the chains, the power
utilized by the chains, the hours upon w'hich the chains had un¬
limited time, and so forth and so on. .And then I said this:

“That, in a very brief way, is the story of the chains and of the
stations associated therewith. I submit to the Senate that those
facts present a problem not only to the Commission but to this
body which, together with the House of Representatives, has a re¬
sponsibility in the determination of the policies which shall obtain
and the principles which shall be followed in the regulation of the
broadcasting industry. I do not see how we, as responsible public
officials, can turn our backs upon the questions presented by these
facts and leave to an administrative body, a quasi-judicial body,
the determination of matters of grave public policy.”

Then I referred to the Senator from Montana; but I w'ill pass
him by and keep him in the background for the moment.

SENATOR HILL. That is impossible.

THE (TL4IKMAN. A lot of people have tried to keep me
in the background.

SENATOR WHITE. I understand that; and that is why I
know better than to attempt it.

Then there was the question of the wattage which should be
assigned to chains, and in what I said I had reference particularly
to a suggestion that we were to have a governmental station of
500,000 watts, or something of that sort, that would be dissemi¬
nating the views of the United States throughout the world,

MR. FLY. That is socialism, Senator.

SENA'I'OR WHITE. Yes. I did not say I approved of it.
I said:

“This is a question of public policy. It is not a judicial question;
it is not an administrative problem to be dealt with solely by an
administrative body, but is a question involving the public interest,
on which the Congress of the United States ought to have opinions
and ought to express them.”

Then I went along and said a lot of interesting things, I hope,
and then I turned again to the question of monopoly. I said that
the question ol monopoly was involved, monopoly of the transmis¬
sion of information to the American people, and that 1 happened

498- June 6, 1941

to be one of those who did not want to see such a monopoly de-
developed in the United States, I said, further:

“There are other questions. .All of these are, in my opinion, of
supreme importance to the .American people. They are all problems
involving principles and policies, and we in the Congress have no
right to evade our responsibility. We ought to undertake a study
of the problems. We ought to undertake to find an answer for
them. We ought to lay down the general and the broad rules which
shall guide and which shall control our creature, the administra¬
tive body.”

I hope those quotations make clear my general thought about
this whole subject matter, about the relative obligations of an ad¬
ministrative body or regulatory commission and of the Congress
itself. I had felt, too, that in the very legislation proposed to guide
us we had indicated clearly to the Communications Commission
that in its annual reports to be made to Congress it should tell us
of the results of its studies and should make its recommendations
as to legislation.

Those things are all fundamental with me, and I just have the
feeling — and it is one of the questions which trouble me most
gravely about this whole problem — that there is a question whether
you really should not have submitted to the Congress your findings
of fact and your recommendations as to legislation, for I have the
thought that what > ou are doing or attempting to do here is to lay
down a principle or a basic public policy and as I said a while ago,
I rather shrink from Commission-made law and from the determi¬
nation of what I call basic policies by anybody other than the Con¬
gress of the United States.

I apologize for making this statement; but I did not interrupt
you when you w'ere making references to me yesterday morning,
and I wanted to get this before both you and the other members
of the Commission and anybody else who is interested.

THE C’H.4IRM.4N. We all read your speech without your
calling it to our attention.

SENATOR WHITE. But I do not think you profited suffi¬
ciently.

MR. FLY. May I have the liberty of amplifying Senator
White’s views slightly ?

THE CHAIRMAN. Proceed

MR. FLY. God forbid such immodesty on my part as to
claim to be the originator of the ancient struggle against monopoly.
I certainly did not originate it. I do claim the credit of having
some small part in the enforcement of the Sherman Act. But
going even beyond the Sherman .Act, back into days immemorial,
so far as we are concerned, anti-monopoly has been the policy of
the English-speaking peoples. We go back beyond the days of
Adam Smith ; we go back to the laws against engrossment and fore¬
stalling, and come down in the .American commonwealth to the
common law outlawing contracts and combinations in restraint of
trade, and w'e come to July 2, 1890, and find that with the aggres¬
sive development in .America of new industries and w'ith the tend¬
ency to monopoly in a number of those, involving interstate com¬
merce on a great scale, the ancient policy against monopoly demands
Federal implementation. .At that time Congress passed the Sherman
.Act, and since that time the Congress, ever cognizant of that same
basic philosophy and the problems arising in new .American indus¬
tries, under that philosophy has supplemented that .Act with such
measures as the Clayton law and the Federal Trade Commission
.Act; and at no time has the Congress of the United States receded
from that policy. Now, without further ado, the anti-trust philoso¬
phy, the rules against monopoly, become applicable to the broad¬
casting industry enga.ged in interstate commerce, and the Congress,
being especially mindful of the problem of monopoly in the radio
industry, took the extraordinary pains to write the policy against
monopoly into the Radio Act of 1927 and into the Federal Com¬
munications Act of 1934.

I do not think that under those circumstances there can be any
suggestion that this Commission has undertaken to fix that policy
or to establish any rule of law' other than that laid down as a
dear mandate by this body.

Now, as to the implementation in matters of detailed and spe¬
cific enforcement — and I think that is a much smaller question than
the question as to whether or not we fixed the policy; that is,
basically it is smaller, although in this situation I think it is an im¬
portant question — there the Congress took special pains again to
move into this particular field and to provide for special regulations
applicable to stations engaged in chain broadcasting; and to further
elaborate Senator White’s views, I again refer to the speech of
March 17, 1937 (reading);

“Study of the facts with respect to ownership and control of
stations brings the conviction that Congress must either recede
from its position of hostility to monopoly or it must take steps to
insure that its wishes be respected by the regulatory body.

“The provisions of the 1927 Act, which are also found in the
1934 Act, leave no possibility of doubt as to the will of Congress;
they confer ample powers to make that will effective.

“The Congress at the time the 1927 Act was passed, while per¬
haps not fully appreciating the growth of the chain system, did
recognize the possibilities of the situation and wrote into this early
Act the authority to make special regulations applicable to radio
stations engaged in chain broadcasting.”

The situation that the distinguished Senator was referring to
there was the monopoly situation.

SENATOR WHITE. You say that with reference to 303 (i)

I was referring especially to the monopoly situation?

MR. FLY. I was quoting from your speech, sir, and the
reference, I take it, was to 303 (i), although I think that apart
from 303 (i), with the general regulatory power and with the man¬
date against monopoly in the Act, then that the Commission would
be obliged to use its licensing power in the public interest to fore¬
stall the establishment of monopoly.

I cannot conceive that we should continue to hold that the
building up of a monopoly is in the public interest, when the Con¬
gress has taken the pains to say in this Act, “You must observe
this basic law.” To say that it is in accordance with public opinion
to continue to build up these monopolies I think is a fallacious
contention.

SENATOR WHITE. Does anybody contend that? I do not
think anyone contends that, and I do not think you ought to im¬
pute that thought to anyone.

MR. FLY. I am sorry, sir, if we are not in agreement upon
that. I certainly did not intend to misrepresent your position. I
did not intend to embarrass you in any way.

SENATOR WHITE. You cannot embarrass me. I will take
care of myself when it comes to the matter of embarrassment. But
you have no right to suggest that in anything that I have ever
said or that in any vote that I have ever cast with respect to
monopoly in radio communications I have been an advocate of
monopoly.

IMR. FLY. I would not suggest that, sir.

SENATOR WHITE. You were getting pretty close to it.

MR. FLY. I think your advocacy has been all in the other
direction.

THE CHAIRMAN. I did not understand Chairman Fly’s
statement in that way.

MR. FLY. I am sorry if there is any misunderstanding on
that point.

POWERS OF THE FCC

SENATOR WHITE. Of course what troubles me about the
situation is that I see in these present regulations the very definite
suggestion of an assertion of authority in the Commission to do
pretty nearly whatever it wants to do if it says it is in the public
interest. It is pretty hard to see, if we accept these regulations
as being within the authority of the Commission, why the Com¬

mission could not assert almost anything as being in the public
interest and then going ahead to do it.

MR. FIA. I would say this: If anything were written into
a statute in such clear terms and into the philosophy of the whole
system of laws, and into the matter of public interest, as is the
policy against monopoly, we ought to be able to do any and ev'ery
thing within reasonable and proper bounds to prevent such a
monopoly, and to that extent I do agree with you.

SENATOR WHITE. But of course you cannot turn to a
line in the present law which authorizes the Federal Communica¬
tions Commission to determine the acts which singly or in their
totality are to be regarded as in restraint of competition or as
monopolistic practices.

IMR. FLY. Sir, I would say —

SENATOR WHITE (continuin g). On the contrary the
penalty for control of monopolistic practices is reposed in the
courts, and under the Act as it now stands whatever authority
you may have to declare a license forfeited because of monopoly,
or to refuse to issue a license because of monopoly, must rest first
upon the determination by a court that a licensee or an applicant
has been guilty of monopolistic practices. Then you have same
authority. But there was never in this Act, and there cannot be
found language, nor was there the purpose to give to this Com¬
mission authority to say what constitutes a breach of the anti¬
trust statutes. And that is pretty nearly what you have under¬
taken to do in these regulations. The question of whether a per¬
son or a corporation is guilty of violating the penal statutes of
the United States was left to the determination of the courts, and
after such determination then the Commission has authority to act.

MR. FLY. I, of course, would not urge that such a decision
is not with the courts, but I would say that clearly under the
statute it is not exclusively with the courts, and I do not think the
Senator would urge that we should build up a monopoly if one
would assume that we have the power to do it.

In order to avoid monopoly is it the Senator’s suggestion, for
e.xample, that while litigation is in progress — or I will put it this
way: Suppose the Department of Justice procures an indictment,
or suppose it brings an equity action alleging that there is a monop¬
oly here, and that there is a growing tendency toward monopoly
and to restraint of interstate commerce, and suppose we thor¬
oughly agree with that. Then in the two or three years that cases
are pending must the Commission go right ahead and be guilty
of building up the very thing that other agencies of the Govern¬
ment are tearing down? And, I ask: Is that in the public interest?

I think the question answers itself I will say, because I know it is
not my privilege to ask you. Senator White, questions.

SENATOR WHITE. I just said to the Chairman, and to
my colleague on my left (Senator Tobey) that I had not up to
this time gone into the phase of the question which most deeply
interested me in connection with these regulations, and that is, the
authority of the Commission to issue any such regulation. How¬
ever, it does seem to me that basically you have undertaken in
these regulations to describe acts which you believe are monopolis¬
tic, are monopolistic practices, and therefore against public policy.

Now, I do not believe it is within the authority of the Commis¬
sion to declare what are acts violative of the antitrust statutes
of the United States. It may be that the law should specify the
things, should proscribe certain practices. But my complaint is
that you did not make — and when I say “you” I do not refer to
you personally but to the Commission — that the Commission did
not report its findings as to these exclusive contracts, as to the
effects of these exclusive contracts, to the Congress; that the
Commission did not make recommendations to the Congress for
such changes in the law as it thought would be right and proper;
that the Commission did not put upon the Congress the burden
to determine that matter,

MK. FLY. Since we disagree upon that. Senator White, is not
that the job of the courts?

June 6, 1941 — 499

ADVERTISING AGENCIES

THE CHAIRMAN. While on that question let me ask you
this; What is there to the idea that has been abroad to the effect
that if these stations did not have exclusive contracts, or optional
time, then some advertising agency could come in and pick out just
the stations they wanted and operate in that way, without taking
the matter up or going through the chain broadcasters? Have
you looked into that matter?

MR. FLY. I do not think that would be wholly feasible for
tv/o or three reasons; In the first place there are a number of these
big basic stations that are owned by the networks ; and then the
agency would have to go into the full network business except for
the ownership of stations. The agency would have to do the
programming and have its own studios, either directly or indirectly,
and do that entire job. Then it would have to arrange for its own
w'ire facilities. And then, due to failure to get access to various key
points, it has to be scattered, with stations long distances apart,
even assuming that they do complete contracts for certain stations.
So I cannot think that anything short of a pretty thoroughgoing
network system is going to be feasible. I do not believe that adver¬
tisers can run in spasmodically and make a system of that kind.

COURT REVIEW

SENATOR WHITE. I assume that if you have power to
make these regulations you have the power to modify them and
change them or to wipe them out in their entirety.

MR. FLY. I do not so assume, sir, unless the modifications
that we would make would be in accordance with the law, as these
regulations are.

SENATOR WHITE. Do you w'ant to start another debate?

MR. FIA. We can modify them, of course.

SENATOR WHITE. If you can make them, you can modify
them or un-make them.

MR. FLY. I think, from the tone of your voice you suggest
absolute discretion. But we are bound by the law' and its very clear
principles and we do not have that discretion that the tone of your
voice suggests, sir.

SENATOR WHITE. All right. We will let that answer
stand. But if your regulations are now in effect, unless you do
modify them you cannot reissue the license of any station in the
Red network or any station in the Blue network, can you ?

MR. FLY. We can modify them in any case.

SEN.VTOR WHITE. Of course you can modify them; but,
I say, unless you do modify them, and if you stand on that regula¬
tion as it is now written you cannot renew the license of one of
the Red network stations or one of the Blue network stations until
at least there is a divorcement.

MR. FLY. We must conform to these principles in the rules.
I do not think it should be suggested that there would be any
tendency not to give the ample time that is necessary. If there is
an attempt in good faith to move this network out, with all of the
success and the glory that it ought to have in going into this field
and making an effective sale of it, if there is a good faith attempt
to do that, you need not worry about the attitude of the Commis¬
sion. And 1 want to make this point, because it is basic in this
whole thing. If the attempt is to get these principles of the Com¬
mission held up and the processes of the administrative agency
paralyzed while an effort then is made to tear down the basis of
it, in effect, to wreck the decision through long delays, through
extensive debates, the pendency of bills that never come out of
the Senate or the House, and if in the meanwhile these gentlemen
can enforce their will, their publicly announced will, by saying who
shall sit and who shall not sit upon regulatory bodies, then I think
you have something that challenges the very integrity of an orderly
and democratic system of government.

500- June 6, 1941

SEN.4TOR WHITE. If I get the real significance of what
you have just said, if I or any other member of the Congress
should introduce a bill which challenges the authority of these
regulations, or if one of these chains or one of these affiliated
stations appeals to the court, are you suggesting that there will
be further penalties imposed upon them by the Commission?

MR. FLY. Oh, no, sir. Do not misunderstand me. I wel¬
come their going to court. I think that is where these terribly
legalistic questions ought to be decided ; and no station is going to
be injured by going to court. That is a course that I have advo¬
cated and will continue to advocate.

SENATOR WHITE. I thought there was rather a punitive
suggestion in what you said, and I wanted to get that clear.

MR. FLY. No. I want to reiterate that, sir.

THE CH.AIRMAN. I am afraid that you are both thinking
of punitive action, and in this matter it seems to me we ought
to look at it from a reasonable standpoint. Let us consider the
Blue network. I do not feel that the Commission ought to say to
them, “You have got to dispose of this in 90 days time.”

MR. FLY. I do not, either.

THE CHAIRMAN. If in good faith they are making an
effort and saying that they are going to dispose of it, I think
they ought to be given six months time or such reasonable time
as is necessary to dispose of it.

IMR. FLY. I agree wholly, sir.

THE CIL4IRM.AN. And I do not think that they ought to
be penalized if they go into court. I would be one of the first to
criticise the Commission if I thought you or the Commission itself
for one moment was going to penalize any of these people if they
went into court I think that is the wrong spirit with which the
Government should act.

iMR. FLY. And I would expect that criticism if we did, sir.

THE CH.\IRM.4N. On the other hand I know, as we all
know, that in certain matters there has been an attempt, not in
the radio industry, to my knowledge, but in some other matters, to
go into court with litigation and tie it up, through injunctions, for
a long period of time. I assumed that was what you had refer¬
ence to.

MR. FLY. Yes.

SENATOR WHITE. Perhaps that was not a fair comment of
mine, but your statement rubbed me a little the wrong way.

MR. FLY. I was referring to what these gentlemen are pro¬
posing, and that is a reorganization of the Commission, to be
composed of men of whom they approve — stating who may and
who may not go upon the Commission. It is an unfortunate fact
for you, sir, that the forces that are taking that position are
flying your flag. They are marching behind this particular bill
which is designed to obstruct the decision of the Commission
and to play for time during which the other results can be brought
about. If great pressures and great schemes of propaganda can
be used to such an end by the very industry that has this great
public trust in its hands — and it has a tremendous public trust
in its hands in the form of licenses and in the effect upon public
opinion and, indeed, in the effect upon political opinion — then
if they are successful in accomplishing those results, which I know
you and I disagree with, then to that tragic extent democratic
government is impaired.

SENATOR WHITE. You say that I disagree, and yet in
the same breath you say I am flying their flag. I am flying mine.
That is a wholly gratuitous and unnecessary reflection on me.

MR. FLYk I did not say that. Senator. I certainly apologize
if I approached that suggestion. I say they are marching behind
you, and I do not think it is your intention to lead them in that
sort of a fight.

SENATOR WHITE. Let me ask you another thing about
this. Let us assume that the National Broadcasting Company
wanted to dispose of the Blue network: is there anybody, outside
of the other chains, to whom they could dispose of it in totality
as a practical proposition ?

IMK. FLY. As a practical proposition, in choosing between
purchasers? I know there is a ready market for the network, sir.

THE CHAIRMAN. Considering the amount of money that
these networks have made, they ought not to have any trouble in
selling.

THE SMALLER STATIONS

SENATOR JOHNSON of Colorado. How do you account
for the fact that many of the stations do not want the liberty and
freedom which you say they should have?

MR. FLY. Senator, I do not accept the premise that, in view
of their close relations and the power which these networks exer¬
cise over the stations and over the means of assembling the sta¬
tions and getting opinions, that we have ever had any independent
expression of opinion from the stations themselves.

THE CHAIRMAN. The chains are in position to exert, if
they want to — I do not know that they have, but they are cer¬
tainly in position to — a tremendous economic pressure against any
station against whom they want to exert it.

MR. FLY. I think that is utterly inescapable in this picture.
I do not think there is any doubt that in any procedure those
New York gentlemen dominate, you would get anything other
than that sort of a general result; though I may say that the sug¬
gestions of unanimity, even amongst any particular groups, are
just not true, because there are many dissents.

THE CHAIRMAN. There are two things that the stations
are afraid of: they are afraid of the Commission and they are
afraid of the industry.

MR. FLY. I found out in St. Louis that they were not afraid
of me.

The following members of the committee attended the hearings:

Monday: Senators Wheeler (chairman), Smith, Bone, Truman,
.Andrews, Johnson of Colorado, Hill, Stewart, Clark of Idaho,
Tunnell, McFarland, White, Shipstead, Tobey, Gurney and Brooks.

Tuesday: Senators Wheeler (chairman). Smith, Bone, Schwartz,
Hill, Stewart, Clark of Idaho, Tunnell, McFarland, White, Ship-
stead, Tobey, Gurney and Brooks.

Wednesday: Senators Wheeler (chairman), McFarland, White,
Tobey, Gurney and Brooks.

National Defense

Constructive Suggestions Welcome

During the past two weeks many stations have written NAB to
register opinions on matters centering in requests for free time
by various agencies. The St. Louis convention authorized the
appointment of a Radio National Defense Committee and these
letters will be referred to that committee.

Prior to its first meeting, it is suggested that other broadcasters
may care to make constructive suggestions. Address your letters
to Arthur Stringer, at headquarters, and he will bring the fde to
the attention of the committee at first session.

Two Changes for the Better

Two constructive changes in handling Army and Navy recruiting
announcements have already been made. In both branches local
recruiting personnel has been directed to discontinue the solicita¬

tion of time. Henceforth it is planned to channel the distribution
of live recruiting announcements through NAB to all stations.

Both services take the attitude that is shared by broadcasters
that every effort should be made to produce maximum results with
a minimum of time. This minimum time becomes extremely pro¬
ductive for the Army and Navy because there is almost 100 per
cent cooperation by stations.

The Navy’s Recruiting Campaign

The Navy’s present recruiting campaign is limited to three
suggested announcem.ents per week. At the end of the current
test period it will become evident whether the frequency should
be reduced, maintained or increased. This can be done because
broadcasters, themselves, have been good enough to specify
whether they have been able to find time on their schedules for
such announcements.

The Army’s Recruiting Campaign

The Army’s recruiting radio campaign also embraces three sug¬
gested announcements per week. These likewise are sent to all
stations through NAB. There is also a weekly 15-minute program
which has been on the air for many months. The availability of
this program has been unknowm by some broadcasters and this
week, WTEL, Philadelphia, and WHLN, Harlan, Ky., requested it.

Radio Men in Service

WDZ — TuscoL.-r, III.

Larry Sanford, Battery D-123rd F. A.,

Camp Forrest, Tullahoma, Tenn.

J. Kent Saunders, 47th Infantry,

Camp Bragg, N. C.

Robert B. Harrington,

Scott Field,

Belleville, Ill. — next July.

WMBD — Peoria, III.

Lt. Frank C. Schroeder,

Fort Knox, Ky.

WQXR — New York
William D. Strauss,

Fort Jackson. S. C.

Herman Kuch,

Fort Riley, Kans.

WIBX — Utica, N. Y.

John Frederick Sullivan, \'-6 RM3C, General Detail Receiving
Ship,

Brooklyn, N. Y.

635 Stations Take Army Recruiting

Up to the middle of the week 631 stations had reported that
they had found time for Army recruiting announcements. Since
the list was compiled such new's has come in from:

WORL — Boston
WLW — Cincinnati
WSAI — Cincinnati
WTOC — Savannah

Joseph Ries will coordinate defense programs for WLW, WSAI
and the Crosley international station, WLWO.

BMI

Supreme Court Decision

Copy of letter to BMI Affiliated Publishing Companies:

Statements have been made that the recent decisions against
ASC.4P, rendered by the Supreme Court of the Plnited States,

June 6, 1941 — 501

may affect BMI’s al)ility to serve its associated affiliated publishing
firms. This is not the case. The decisions will in no substantial
way affect either the structure or activities of BMI, which has
already taken steps to comply with the provisions of all State
statutes applicable to it. The very premise upon which BMI was
founded was that there should be an avoidance of all of the
monopolistic features of ASCAP which have now been held to
be illegal.

You may, therefore, be assured that BMI will continue to be
able to make all of the music licensed by it available to all music
users in all of the States of the United States.

Very truly yours,

Broadcast Music, Inc.

Hymn of Freedom

Ode To America, new BMI patriotic song by Jules Bledsoe,
negro baritone, owes its inspiration to a trip to the nation’s Capital.
While looking down from the Washington Monument across to
Lincoln Memorial, Mr. Bledsoe was stirred by the thought of
what Washington and Lincoln had contributed to the freedom-
loving spirit of the LInited States and the vitality of this spirit
when it came in open conflict with the dominating philosophies of
the totalitarian states.

“Conditions have not been ideal in the United States for the
negro race,” said Mr. Bledsoe, “but w'e have sound reasons to be
thankful that we are Americans, as have the people of every
other minority living in our country.”

A line of the song, “Oh, thou land by God inspired,” grew to
a complete l>ric by the time Mr. Bledsoe reached his home in
California following his trip to Washington. He sang Ode To
America on his recent concert tour where the audience was asked
to join with him in this paen of triumphant praise to a freedom-
loving country. He believes that as the war sentiment grows, the
people of the United States will seek closer communion with reli¬
gion and that much of the strength of our country will lie in
genuine religious conviction.

BMI FEATURE TUNES
June 9 - June 16

1. I WENT OUT OF MY WAY

2. ALL ALONE AND LONELY

3. MY SISTER AND I

4. WALKIN’ BY THE RIVER

5. WISE OLD OWL

6. FRIENDLY TAVERN POLKA

7. G’BYE NOW

8. WHAT D’YA HEAR FROM YOUR HEART

9. HERE’S MY HEART

10. WITH A TWIST OF THE WRIST

11. THE RELUCTANT DRAGON

In preparation; Wasn’t It You?, by the writers
of You Walk By.

With My Sister and I leading the Hit Parade as well as the
list of best selling retail records, BMI entered the month of June
well represented in the tunes that are “coming up.” those that
are “going strong,” and in the surprises that await. Amapola
continues its sensational run for the tenth week; the “now” songs.
Oh, Look .it Me Now and G'Bye Now, rank second and fifth
respectively in the leading music machine records on Billboard’s
music pojjularity chart. Among those fighting for the first division

502- June 6, 1941

are Maria Elena, Daddy, The Hut Sut Song, Do I Worry, Friendly
Tavern Polka and Walkin’ By the River. Just around the corner
are I Went Out of My Way and All Alone and Lonely. Awaiting
introduction is Wasn’t It You, a new torch tune by the writers
of You Walk By, which has two of the best lyric lines that have
been heard at BMI since Hy Zaret and Irving Weiser led with
their hearts in There I Go. George Mario, BMPs Professional
Manager, has a theory that two good lines coupled with a good
tune spell H-I-T in the popular song field. He believes that
Wasn’t It You says more in two lines than most popular songs
say in an entire chorus.

BMI Decree Conformed to ASCAP’s

Judge F. Ryan Duffy, of the Federal Court in Milwaukee, has
signed an order eliminating the technical differences between the
consent decrees signed by ASCAP and BMI. ASCAP’s decree
permitted freedom in contractual relations wdth licensees which
was not permitted in the BMI decree. In the opinion of BMI
counsel, this gave ASCAP a competitive advantage not contem¬
plated by the Government in making the decrees. The modifica¬
tions, which put BMI and ASC.^P on a parity, have the approval
of Thurman Arnold, Chief of the Anti-Trust Division of the
Department of Justice, and Victor O. Waters, Special Govern¬
ment Counsel.

Exhibit

“The Evolution of My Sister And I,” which was displayed at
the NAB Convention in St. Louis, is now on exhibition at the
High School of Music and Arts, Convent Avenue and 13Sth Street
in New York City, and has been requested by other schools and
colleges for its educational value. During the past week, the
leading Kresge store in Detroit, devoted a window to My Sister
And 1. The center of interest was a rotating model of a little
Dutch refugee boy and his sister.

Comic Strip Meets Love Song

For the first time a popular song has been written specifically
for a comic continuity. The title of the song is How Long Has
This Been Going On. The two hit song writers, Bobby Worth and
Stanley Cowan (Do I Worry and Til Reveille), wrote the music
and the lyrics are by Fred Fox. The title page of the song, pub¬
lished by Melody Lane and controlled by BMI, carries the sub¬
title, From a celebrated NEA comic strip, “Freckles and His
Friends,’’ by Merrill Glosser.

According to the story in the comic strip, the song, which Dick
Jurgens will play on June 14th, has been “written” by Freckles
and one of his friends. Its acceptance for performance by
Jurgens and its introduction over the air from Catalina Island will
be part of the story related in the continuity running in some
720 newspapers throughout the country.

Daddy

Sammy Kaye has the biggest hit of his career on his hands,
and it’s all the “fault” of a young University of Pennsylvania
student.

Bob Troup is a senior at the University, and only 21. When he
isn’t studying he spends his time writing tunes. Recently he con¬
cocted a ditty he called Daddy. It had a certain bounce and some
clever lyrics but Troup figured it was no better or worse than
any of a half dozen others he had turned out.

Sammy Kaye was eating dinner at the Embassy Club in Phila¬
delphia one night and heard a small four-piece band play the
Troup tune. He inquired as to who wrote it, and three days
later met Troup in person. Kaye, who operates Republic Music
Corp., bought Daddy on the spot and published it. Soon the
Kaye band was playing it. And in twenty-four hours the public
was clamoring for it. Sammy’s recording of Daddy sold 15,000
copies eight days after it was released.

Sales

Please direct this section to the attention of your sales manager.

NAB Sales Calls

Acting on the request of NAB Members, the Director of the
Department of Broadcasting Advertising last week began a cam¬
paign to sell the J. C. Penny Co. and the VV. T. Grant Co. on the
use of local radio advertising. Facts learned are as follows:

J. C. Penny Co. — The Pedlar k Ryan agency has discontinued
the transcribed serial story "Adopted Daughter,” but local Penny
store managers can buy radio advertising if they want it. As a
general policy the home office does not encourage radio because
they claim it is more difficult to control than newspaper; that
local managers can easily spend an excessive amount on radio
advertising without an adequate day-to-day check; that home
office approval depends to some extent on the particular market
involved: the number of Penny stores in that area, the compara¬
tive rates of radio and newspaper advertising, etc. The agency
is understood to be seeking an effective way of returning to radio
on a wide scale. Meanw'hile, local store managers can buy spot
radio if they are sufficiently sold to insist upon it, and stations
are urged to exercise special care in developing and selling a
wisely planned, economical and effective campaign, for the sake
of long-range objectives. In time, by the accumulation of local
successes, this company and man>’ like it can be developed into
important radio buyers.

W. T. Grant Co.— This company reports that each local store
has its own advertising budget, charged entirely against that store,
and that these budgets are so small as almost to preclude the
possibility of consistent use of radio. Spot campaigns, chiefly an¬
nouncements, have been tried by various stores but without general
success. The company frequently buys programs to advertise the
opening of new stores. Some local Grant managers are using
spot radio, and others can do so if they are sufficiently sold to
insist upon it, despite a general policy of discouragement by the
home office, based on past experience. Here again the long-range
objective can be attained only by careful selling and servicing
on the part of local stations, so that an accumulation of successful
experiences can be built up to counteract past carelessness and
lack of success.

Per-Inquiry and Free Time

Harry M. .Miller, Ine., of Columbus, 0., is seeking cost-per-
inquiry deals on behalf of a representative of the .American
Schools.

Metro-Goldvviii-Mayer Pictures, of Culver City, Cal., is seek¬
ing free time for a series of "Hollywood Radio Reporter” pro¬
grams. Writes James L. How'e, manager of WBTM, Danville,
Va., to N.AB: ‘T believe if all of the radio stations in the country
would stick together on this proposition, for once, we might con¬
vince the movie industry they can’t play us for suckers any longer.”

Mr. Howe’s letter to Harry Loud of M-G-M states:

“We are very sorry to be unable to schedule your ‘Hollywood
Radio Reporter.’ We have no bone to pick with the motion
picture industry but w'e have a rate card and a policy w'hich
says that such programs come under the classification of com¬
mercial advertising and as such must be paid for at card rate.

“We cannot agree with your premise that you are offering
us the biggest names in the entertainment world and that
because of that fact we should schedule the programs on
sustaining time. In that event, few of the fine commercial
programs on the air at the present time w'ould be paid for
as they are composed of the biggest names in the entertainment
world also.

“We would like to call to your attention the fact that any¬
thing that is worth asking for free is usually worth paying for.
It has been our practice to cooperate with our local motion
picture theatres and we have no objections in cooperating
with you as a motion picture firm, but we feel that advertising
must be paid for if we are to successfully operate a good
radio station.”

“Radio Income Builders”, of Des Moines, la., previously listed
in these columns, are seeking per-inquiry deals on behalf of

Speed King Hot Water Heaters.

The Max Gcddberg .Advertising .Ageney, Denver, Colo., pre¬
viously reported in these columns as attempting to purchase radio
time for the state of Colorado at local rates, in response to cor¬
respondence from N.AB states: "Because this is the first national
order we have ever placed, our over-anxiety to get as much as
possible for the money allotted resulted in a letter which wasn’t
worded exactly as it should have been. It certainly never occurred
to us that the national radio rate was so much higher than the
local rate, and it is our last thought in the world to do anything
that would undermine established radio rates. Please accept this
letter as a sincere apology, and completely disregard our last letter.
From now on all our letters will be clear and with highest respect
to established rates as well as the hours governing those rates.
A letter to the member stations of N.AB clearing up any uncom¬
plimentary impression our letter brought about, would be most
appreciated.” Mr. Goldman has been advised that N.AB members
are now being assured that they can work with him in the future
in all confidence.

Effective Retail Selling

Because Bruff W. Olin, Jr., manager of WKIP, Poughkeepsie,
N. Y., has had unusual success in selling radio advertising to retail¬
ers, he was asked by N.AB to outline his sales technique, and his
contribution is printed fully here for the benefit of all N.AB sales
executives:

I have held strictly to two basic beliefs in the selling of radio
time: (1) Selling on the facts is much more permanently effective,
and (2) Radio’s story of greater circulation per advertising dollar
spent is really a potent sales weapon.

It has been my experience that many stations (in this whole dis¬
cussion I refer to small local stations with which I am most
familiar) sell the Jones Store because the Smith Store is on the air
and getting good results. In the process of getting over such a
sales story, the salesman inadvertently overstresses Smith’s results
and instills in the prospect the belief that radio’s power is so potent
that his business is bound to grow beyond all reasonable expecta¬
tions as soon as he goes on the air. Thus is many a 13-week sched¬
ule doomed to a three-month death because the prospect is led to
expect far more than any radio station can produce — far more
than any medium can produce.

How much better to let your hair down and admit that only
25% of the total number of home radios are being listened to at
the “peak” day-time period! But. when you do that, be armed
with sufficient information about newspaper ad readership to use
this information as a yard-stick by which your prospect can judge
for himself whether a fair estimate of your station’s portion of the
“available audience” is worth his investment.

Here is the procedure that I have found to be the most effective
in selling radio. Here is the sales story, step by step:

1. Most advertisers will admit that no medium can do
more than “deliver a message”; they’ll admit that advertising,
therefore, is circulation — the greater the circulation, the greater
the results therefrom. This is your premise.

2. Don't even intimate that newspaper advertising is “no
good”; to do so insults the intelligence of every prospect who
has ever spent good money in newspapers, and most radio
prospects have. Admit that it “pays out”. Then, show him,
by using newspapers as a yard-stick, why radio should be even
more effective.

3. Make full use of N.AB’s "Radio Listening” studies. Re¬
quest from N.AB the break-down of their listening studies into
half-hour periods from 6:00 .A. M. to Midnight. If possible,
obtain a copy of .ANP.A’s studies showing newspaper ad reader-
ship. I believe the basic idea is conveyed in the fact that a
Gallup study of newspaper readership published in the Febru¬
ary 8, 1940, issue of “Editor and Publisher” estimated the
actual readership of a “better-than-average” half-page adver¬
tisement to be only 10% of the newspaper’s total circulation.
Know your competing newspaper’s rates. You know, of
course, your own.

4. Tear out one of the newspaper ads your prospect has run
recently. Point out the probable “effective circulation” of
that ad. (Note: I have found that many local newspaper ad¬
vertisers have never consciously analyzecl the effective circula¬
tion of their newspaper advertising; rather, they have hazily

June 6, 1941 — 503

thought of their ad’s circulation as approximating the total
circulation of the newspaper.) Estimate the cost of the ad.

5, Analyze the proposal for the radio time you are offering
the prospect in the light of known radio audience factors.
Show him the NAB report of total actual audience at the time
of day you propose he advertise on your station. Admit you
haven’t all the audience. Point out factors that would indi¬
cate a good audience for your station at that time. Then,
agree with him upon a fair estimate of your probable audience
percentage. The chances are that the resulting “agreed fair
estimate” will seem extremely small. But then, apply that per¬
centage to the total number of radio homes in your station’s
primary area. (Here is the first factor that will boost your
estimated circulation far above the newspaper’s; because, the
chances are that your station’s primary includes far more radio
homes than the total homes represented in the newspaper’s
circulation figure.)

6. Point out the cost of the proposal you suggest. Here is
the factor that will lower your cost-per-listener-per-broadcast
far below the newspaper’s cost-per-reader-per-insertion ; be¬
cause, the chances are that the cost of a single half-page news¬
paper ad woulii be more than enough to buy a heavy series
of announcements or a good program on your station. Com¬
pare the cost-per-listener-per-broadcast of your proposal with
the cost-per-rearier-per-insertion of the newspaper advertise¬
ment. My experience has been that these comparative costs
will show the newspaper’s figure to be several times greater
than the figure for a well-thought-out radio advertising pro¬
posal. The difference is so great that your prospect can make
all further allowances for possible errors in estimates, plus all
reasonable allowances for the oft-repeated claim that “impres¬
sions through the car are less effective than through the eye”
(don’t argue about this point; it’s endless), and he’ll still have
to admit the bare possibility that “you’ve got something there.”

This may seem like a complicated procedure. Actually, it is as
simple as A-B-C if you have the information necessary, and I’m
certain NAB can supply it. And, it’s worth its weight in increased
time sales. (I was going to say “in gold”.)

During the entire sales story, you haven’t promised a single re¬
sult — you haven’t led your prospect to expect the world with a
fence around it ; you have merely given him all facts necessary to
form a logical conclusion. He is impressed with your evident
honesty in revealing facts that, unexplained, might seem to reflect
upon radio’s ability to produce. He has confidence in your knowl¬
edge of your product. Frankly, I have found him to be more im¬
pressed with radio as a medium than if I had gone in with a brief¬
case full of testimonials that would lead him to believe in radio’s
ability to cure all business ills. But, more than that, I have found
the prospect thus sold to have a more solid belief in radio and a
more permanent belief in its effectiveness — even though it is not
immediately justified by consumers pounding down the aisles to
get at radio-advertised merchandise.

Double-Billing Condemned

The practice of doubling-billing by some media (whereby serv¬
ice is rendered an advertiser at a local rate but he is billed at the
national rate for collection on a cost-sharing basis from the manu¬
facturer) is clearly unethical and flishonest. Any collusion on the
part of media with local dealers or retailers is purely and simply
a matter of defrauding the manufacturer or national advertiser.

A recent case was reported by an NAB member where his local
newspaper competitor was engaging in this practice. NAB took
the matter up with the American Newspaper Publishers Associa¬
tion, and receivefl this reply:

“The ANPA does not have any control over its individual
members as to what rates they should charge and how they
shall make out bills.

“It goes without saying that tlie ANPA floes not counte¬
nance a statement or bill of any kind except that it represents
the real facts of the true situation . .

NAB also took this up with the Association of National Manu¬
facturers, and received this reply:

“We have never had occasion to take any action with
regard to the practice ot double billing by advertising media.
To the best of my knowledge such cases are relatively few and

504- June 6, 1941

we have usually found that as soon as they are discovered by
the advertiser he refuses to pay a higher rate. Certainly such
practice is to be deplored and discouraged.

“Therefore, anything which the media can do along this
line would be of very constructive service in their own interests
as well as that of their customers.”

It is the opinion of NAB that radio stations encountering such
unfair competition are entitled, in self-defense, to notify national
advertisers using the competitive medium that a double-billing
practice is being carried on.

Excessive Merchandising

Few radio stations will object to doing a reasonable merchandis¬
ing job for a good client. It is the abuse of this service that causes
most of the trouble, and N.A.B notes an alarming tendency on the
part of some advertisers and agencies to over-reach themselves
with excessive and exorbitant demands. So all N.AB members
may be fully informed, and may keep these tendencies in check,
we reprint parts of a letter written by “Red” Cross, Commercial
Manager of WMAZ, Macon, Ga., to George Duram of the Kastor
Agency, Chicago:

“I am being deluged by your B. F. Green with requests that
seem to me to be slightly beyond the pale of good business. . . .
We are requested now to prepare banners and do a bill post¬
ing job on all personal appearances and we are told that many
stations are providing tlieir talent with sweaters emblazoned
with some reference to Groves. To cap the climax, we are
now asked to post Chill Tonic road signs and to do so with¬
out compensation to property owners or space owners. Please
let me assure you we want to do everything possible within
reason for any national client, but we cannot be expected to
follow every mental aberration of some merchandising expert
whose main job seems to be the procuring of as much free
advertising as possible.

“Please note that the client in this instance is now receiving
free advertising weekly on the spots which are used to trail
the Groves program, thereby eliminating one spot in our
schedule that has a salable value. If you will check the
entire setup of correspondence and our telephone conversa¬
tions, the subject of Porter’s Oil was never brought up until
after the orders were issued covering the Chill Tonic show.
No one knew that the show was carrying a tail end parasite.

“I would sincerely suggest that if the client wants the whole¬
hearted cooperation of his talent, including boosting on all
personal appearances, that you immediately make available
an extra $30 weekly in talent money, retroactive. . . . While
we have facilities for the creation of drugstore displays and
dealer calls, we are not in the bill posting business. This may
sound like a hard letter, but the requests made by your pro¬
motion department exceed anything we have ever seen be¬
fore. . . .”

It is not meant to single out this advertiser or agency, but
merely to cite this as the latest example to come to our attention
of the growing tendency towards exorbitant merchandising de¬
mands. Unless NAB members stand squarely together in enlight¬
ened discouragement of such excesses, they will surely grow worse,
because no agency can be blamed for attempting to get as much
service as possible for its client, and for attempting to outdo its
competitors in this regard.

What the end result would be, of course, is obvious, and the
only people who can put an effective brake on this snowball rolling
down hill are the station operators themselves.

Deupree Talks Available

Through the cooperation of the ANPA, 100 copies are available
of the talk given by Richard R. Deupree, president of the Procter
& Gamble Co., on “Advertising Is Essential to the Proper Growth
of the Nation and Its People,” before the ANPA convention in
New York, April 23.

As long as this supply lasts, they are available free upon request
by NAB members.

FTC Radio Script Review

Figures released May 27 by the Federal Trade Commission show
that during the year ending December 31, ici40, a total of 701,197
radio commercial continuities were examined from 718 stations in
500 cities, and only 1.87% set aside as “questionable” and marked
for further investigation. This percentage relates only to an initia¬
tion of inquiry, and does not represent any final adverse action
taken by the Commission.

Labor

AFRA, IBEW Oppose Tax

Both AFRA and the IBEW went to bat for the industry this
week against the Connery (D.-Mass.) special income tax on radio-
instigated by the printing trades unions.

Said AFRA in a telegram to the House Ways and Means Com¬
mittee:

“We see no justification whatever for imposing a_ discriminatory
tax that affects radio employees only and which is class legisla¬
tion not directed against any industry other than that in which
we are working.”

The IBEW, in a letter, called the proposed tax “unreasonable,
discriminatory, arbitrary” and “partaking of the character of class
legislation,” with its sole purpose to shift advertising from radio to
the printed media.

Wage and Hour Act

The NAB frequently is asked whether a talent fee, when greater
than required overtime payment, can be used to cover the over¬
time an announcer spends on the sponsored show for which he
receives the talent fee.

For example:

An announcer works 40 hours for $40. He spends his 41st
hour each week doing a sponsored show, for which he receives
a $5 fee. Does the $5 cover the overtime?

The answer: No.

He is entitled to his $40, plus his $S fee, plus overtime. His
regular hourly rate is determined by dividing his gross earnings
($45) by his total hours (41), or $1.10. He works one hour
overtime, and so he is entitled to half his regular hourly rate
extra, or a total of $45.55.

The only alternative is not to give the announcer the $5 fee,
but to pay him a total of $41.50 (40 hours at his regular rate plus
$1.50 for an hour’s overtime).

The NAB is of the opinion that neither announcers (save, pos¬
sibly, chief announcers) nor technicians (save, possibly, chief engi¬
neers or supervisors) can be classified as “administrative em¬
ployees” under the definitions issued by the Wage and Hour
Administration. Announcers who meet the salary qualification
($200 or more a month) can usually be classified as professional
employees. Ordinary technicians, usually, are subject to the hours
provisions of the act, even though they make $200 or more a
month. The facts must be known in each case to obtain a
definite opinion.

Rennaker Heads ABTU

Russell Rennaker became business manager of the Associated
Broadcast Technicians Unit of the I.B.E.W., effective June 1.
succeeding D. J. Dunlop. Rennaker has been an organizer for
the ABTU and has been an engineer at Stations WBBM, WJSV
and WFBM.

Miscellaneous

Broadcast Business Up 19%; Industry Income
Up 39%

The broadcast business in the United States reached a new high
of $154,823,787 last year, which was an increase of $24,855,761,
or 19 per cent, over the figures for 1939, according to annual
financial data released May ,11 by the FCC. This amount was
for sale of time only, as reported by three major networks, five
regional networks, and 765 stations.

In addition to time sales, the industry derived $13,181,948
from the sale of talent and other services during 1940, which was
$1,871,696 better than the year previous.

In consequence, the broadcast service income (operating profit)
of the entire industry increased in 1940 by more than $9,000,000
over 1939, or about 39 per cent. This despite the fact that the
industry’s expenses increased by $13,806,089, of which $994,573
was for 62 new stations.

The three major networks (National, Columbia, and Mutual)
had combined time sales of $71,919,428 for the year, which is up
about 15 per cent over 1939. They paid out $22,123,760 to sta¬
tions and regional networks compared with $18,023,195 the year
previous. Thus, the three major networks recorded a broadcast
service income (operating profit) of $13,705,043. This came from
operation of their owm stations as well as their networks and con¬
stituted 41 per cent of the broadcast income of the entire industry
compared with 46 per cent in 1939.

National, Columbia and Mutual had net income down to about
half a million dollars after taxes and other payments accounted
for $8,885,694. The three major netw'orks had net income of
$9,313,856 in 1939. These three network organizations paid two
and one-half million dollars more in Ferlcral income tax for 1940
than 1939.

Of the business of the major network group, National Broad¬
casting Company, through its dual network, accounted for
$37,137,823 of the total major network time sales of $71,919,428,
and had a net profit of $3,918,772, including operation of its own
stations. Columbia Broadcasting System’s amount was $31,137,823,
with a net profit of $5,006,634, including its own stations. Mutual
Broadcasting System’s share of the business was $3,600,161. It
had a loss of $39,712.

The purely non-network business of the industry — i.e., time sold
to local and national advertisers by the 765 stations — was $81,-
897,236, bettering the previous year by $14,109,409, or 20 per cent.

The broadcast income of 734 stations not operated by or for
the networks amounted to $19,123,609, being up $6,345,807, or
half again as much as for 1939. This non-network business showed
an increase in the station sales to local advertisers of 20 per cent,
and station sales to national advertisers of 22 per cent, as well as
a 21 per cent increase in amounts received from networks.

The total time business of $154,823,787 for the entire industry
includes $956,925 wdth respect to the 62 stations which operated
less than the full year 1940. So the networks and stations which
w'ere on the air in 1939 obtained $23,898,836 of new business
during the year 1940. The 62 new stations as a class had expenses
in excess of their sales for 1940 and showed loss from operation
in the aggregate amount of $37,648.

All told, there were 187 stations losing money in 1940. These
stations had total time sales of $8,402,886, total expenses of
$9,778,019, and lost in the aggregate $1,551,812, after considering
their talent and incidental sales.

These figures include losses for 27 of the 62 new stations, the
remaining 35 having operated at a profit. However, the number
of stations losing money was under the figure for 1939, when 227
stations lost $2,220,471. The number 187 includes 61 stations
which have lost money every year since 1937.

There were 457 network stations and 308 non-network stations
operating last year compared with 397 and 308 respectively for 1939.

June 6, 1941 — 505

EXCESS PROFITS TAX

P'ollowing an appearance by the NAB, the House Ways and
Means Committee on Wednesday, June 4, in a preliminary vote
rejected a Treasury Department request for a change in method
for computing the excess profits tax that would have been adverse
to the broadcasting industry. The Treasury Department request
seeks a net revenue from defense profits of $585,000,000. In order
to obtain this amount it was proposed that the optional method
of average income during the base period, or normal income, be
set aside in favor of the percentage of invested capital method
for computing excess profits.

The House Committee is still committed to the request for
$585,000,000 revenue from excess profits tax but has rejected the
method proposed.

NAB testified at the committee’s hearings on the subject. J.
Robert Myers, Assistant Director of Research, appeared before
the committee Wednesday, May 28th to oppose the proposed
method change. Mr. Myers stated that NAB’s appearance was
in no way to be construed as opposition to the raising of revenue
required for national defense since “when more revenue is needed,
the radio industry along with every other branch of American
business will gladly pay the necessary taxes.” NAB did oppose
the method change which in effect redefined the term — excess
profits — to include far more than profits in excess of normal
return during the base period, particularly as it applies to the
broadcasting industry. The business of broadcasting embodies
to a great extent personal service as well as invested capital, but
fails to qualify as a personal service business under the excess
profits tax law definition, and would be severely penalized if
the average earnings method were withdrawn.

The House Ways and Means Committee is still considering the
excess profits tax question and is reported to be studying various
bracket changes in the present structure of the law which can
increase the tax yield to the desired amount. There is every
indication that the committee will evolve a revision which will
materially increase the tax by raising the rates or lowering the
exemptions.

NATIONAL DAYLIGHT TIME

The Office of Production Management is reported to be ready
to recommend nation-wide observance of daylight saving time
to conserve electric power needed for national defense production.

The 0PM has been asked to report to Congress on a pending bill
advocating adoption of daylight time throughout the country as
a defense measure. It is reported that many of the 0PM officials
feel this move desirable.

NEBRASKA ASSOCIATION

Nebraska Broadcasters Association held their annual session in
Norfolk on May 24 and elected the following officers and directors:

Vernon H. Smith, KOWH, Omaha, President
L. L. Hilliard, KGKY, Scottsbluff, Vice President
Art Thomas, WJAG, Norfolk, Secretary-Treasurer
W. I. LeBarron, KGNF, North Platte, Director
Don Searle, ROIL, Omaha

The annual meeting also authorized a request to NAB that
something constructive be done regarding the competition of
various government agencies for free time.

FATHER BURK ILL

Father W. A. Burk, S.J., director of Station WEW, St. Louis,
has returned to St. Mary’s Hospital follow'ing a heart attack May
24. Father Burk was scheduled to return June 15 to Station
WWL, New Orleans, but his return has now been postponed
indefinitely.

506- June 6, 1941

FEDERAL COMMUNICATIONS
COMMISSION

Newspaper Stations

The FCC announced June 2 that it would formally open its
investigation with respect to the joint control of newspapers and
radio stations, with public hearings beginning on June 25. It is
felt that a substantial portion of the testimony can be taken at
that time, but the Commission may schedule subsequent hearings
to permit the development of more extensive studies.

This is pursuant to Commission Order No. 79 of March 20th
which seeks to determine what policy or rules, if any, should be
promulgated with respect to applications for high frequency (FM)
broadcast stations and for the future acquisition of standard broad¬
cast stations by newspapers without impairing existing investment.

At the time it promulgated its order, the Commission stated that
its investigation does not imply that it is opposed to newspaper
ownership of radio stations in general or in any particular situation.
The purpose of the inquiry is to obtain for the Commission suffi¬
cient information to decide whether or not a general policy should
be adopted, and if a general policy seems advisable, to shape such
a policy for application in the future to particular cases involving
newspaper interests.

This action was prompted by the large number of applications
for FM facilities. The Commission deemed the inquiry advisable
at this time, in the early development of FM broadcasting when
FM is just starting and there is opportunity for evaluating the
situation before there has been any considerable investment in the
new service.

EDUCATIONAL FM

Applications by the Board of Education of the City of Chicago,
the San Diego (Calif.) Unified School District and the University
of Illinois to engage in non-commercial educational broadcast
service is indicative of the value of EM in developing the five high
frequency channels reserved by the Federal Communications Com¬
mission for non-profit educational use.

Common interest in making the most of the new ojrportunity
to use these facilities is evinced in the following letter to Dr. John
W. Studebaker, Commissioner of Education, from Edwin H. Arm¬
strong, prominent in the [)ractical utilization of EM, which was
read at the recent Twelfth Institute for Education by Radio:

“I have been much gratified with the reports that are reaching
me about the experiments with F’M transmission conducted by the
Cleveland Board of Education and I have been considering for
some time what might be done to further encourage other, similar,
projects.

“Erom time to time letters have come in from educational insti¬
tutions requesting information about royalty rates under my Fre¬
quency Modulation patents in the event that these institutions
should decide to erect stations and construct transmitters them¬
selves. It has seemed to me that it might help the development of
this new branch of radio if I should arrange to issue licenses, to
those educational institutions which are interested in going ahead,
at a nominal royalty of One Dollar. This is to advise you that I am
willing to do that.

“I am writing this letter, therefore, in order that you may, if you
see fit, make whatever announcement would be most effective in
reaching those of your institutions that you feel could successfully
carry on an educational program. This offer would, of course,
apply only to stations whose purpose is educational and which do
not obtain income from their broadcasting activities.

“Should there be any way in which I could assist the cause of
educational broadcasting by the furnishing of technical advice or
information, I hope that you will always feel free to call upon me
for it.”

Commissioner Studebaker hailed the offer as a spur to school
systems and colleges interested in setting up an ultra-high frequency

educational radio station because it provides a sizable reduction in
the cost of such a station.

“FM’s value as a unit of the school system has been demon¬
strated by these pioneers”. Commissioner Studebaker comments.
“An FM station, useful to the classroom, also makes possible adult
education. Educational FM channels adjoin the new commercial
bands just being developed and, as FM receivers are introduced into
homes, adults may tune in programs of educational radio stations.”

An average school station can now be installed at the price of one
classroom, according to officials of the Federal Radio Education
Committee, of which the Commissioner is chairman, and requires
in personnel only a radio engineer and a program director, both of
whom may be drafted from the regular school staff.

“In a city”, Commissioner Studebaker points out, “the potential
educational value of this radio classroom is probably greater than
that of any other room or shop in the school system — and the
home radio class may be from ten to a hundred times as large.

“In rural areas, its comparative value is even greater. Radio can
bring scattered one-room schools as close together as the classrooms
of a city school building. The radio classroom in a rural area may
be reasonably expected to serve all who live in the county.”

When the Federal Communications Commission authorized
regular FM broadcast service last year, five channels adjacent to
the high frequency broadcast band were set aside for non-commer¬
cial educational use. These channels are 42,100; 42,300; 42,500;
42,700 and 42,900 kilocycles.

This rearrangement of the high frequencies to make commercial
FM broadcast service possible has a distinct advantage in that the
close proximity of the non-commercial educational bands and the
new FM commercial bands makes it possible to adapt standard FM
receivers to receive both types of broadcast. In other words, the
FM receivers now being marketed are capable of receiving non¬
profit educational as well as the regularly sponsored programs.

Until that time only two educational bodies were making actual
use of the high frequency bands long open to non-profit educational
service employing amplitude modulation. They were WNYE, the
Board of Education of the City of New York, and WBOE, the
Cleveland City Board of Education.

However, the University of Kentucky had received a construc¬
tion permit for a system to bring educational program service to
some SO mountain schools, available to adults as well as students.
The University of Kentucky, Station WBKY, now plans to sub¬
stitute FM for the standard transmission.

Subsequently, the Board of Education of the San Francisco Uni¬
fied School District was authorized to use radio for instructional,
administrative, supervisory and other functions through the medium
of 13 studios in schools in that area, all connected with the central
broadcast station K.ALW, by leased wires.

More recently the Cleveland Board of Education, which serves
more than ISO receivers in its municipal school system, received
permission to change to FM.

Detailed regulations regarding non-commercial educational sta¬
tions are contained in Sections 4.131 to 4.137, inclusive, of Part 4 of
the Commission’s Rules and Regulations. This pamphlet, which
is obtainable from the Superintendent of Documents, Government
Printing Office, Washington, at a cost of 10 cents, also includes
standards of good engineering practice applicable to non-commercial
educational broadcast stations.

The Commission in Section 4.131 defines a non-commercial edu¬
cational broadcast station as a station licensed to an organized
nonprofit educational agency for the advancement of its educa¬
tional work and for the transmission of educational and entertain¬
ment programs to the general public. In Section 4.132 the Com¬
mission provides that a non-commercial educational broadcast sta¬
tion will be licensed only upon a showing that the station will be
used for the advancement of the agency’s educational program,
particularly with regard to use of the educational system consisting
of several units.

The Commission recognizes two phases of the service of educa¬
tional broadcast stations: First, the transmissions to specific schools
for classroom work and, second, the transmission of adult educa¬
tional and entertainment programs to the general public.

The Commission requires each applicant for a new non-commer¬

cial educational broadcast station to make a complete showing as to
the plans for programs of the station. For example, a municipal
or common school system may use an educational station for
classes transmitted simultaneously to the several units comprising
the educational system. Where a prospective applicant is not itself
engaged in the operation of several units of an educational system,
a complete showing should be made of the cooperation with the
several schools in the proposed service area which should include
agreements or statements from the heads of such schools, for
example, a university or college.

Development of education through radio is also being furnished
by the Federal Radio Education Committee. Organized in 1933
under the Federal Communications Commission, this committee is
a cooperative effort on the part of broadcasters and educators to
advance the cause of education on the air. The committee has
operated under private grants, chiefly from the National .Advisory
Council on Radio in Education, National Association of Broad¬
casters, Rockefeller Foundation, and General Education Board.

ILLEGAL BROADCASTER APPREHENDED

Incident to its national defense monitoring operations, the FCC
uncovered, at Salida, Colorado, an unlicensed radio station which,
using the unauthorized call letters “KIDA”, was rendering tran¬
scription entertainment with the evident idea of soliciting commer¬
cial sponsors.

The operator, a mature man who described himself as O. W.
Trueblood, was held in $1,000 bail in consequence. He was broad¬
casting on 890 kilocycles with 15 watts power.

The FCC announces that the work, business and functions of the
Commission for the month of June have been assigned as follows:

Commissioner Walker: Designated to determine, order, re¬

port or otherwise act upon all appli¬
cations of requests for special tem¬
porary standard broadcast authori¬
zations.

Commissioner Thompson: Designated to hear and determine,
order, certify, report or otherwise
act upon: (a) except as otherw'ise
ordered by the Commission, all
motions, petitions or matters in
cases designated for formal hearings,
including all motions for further
hearing, excepting motions and pe¬
titions requesting final disposition of
a case on its merits, those having
the nature of an appeal to the Com¬
mission and those requesting change
or modification of a final order
made by the Commission; provided,
however, that such matters shall be
handled in accordance with the pro¬
visions of Sections 1.251 and 1.256,
inclusive, of the Commission’s Rules
of Practice and Procedure; (b) the
designation pursuant to the provi¬
sions of Sections 1.231 to 1.232 of
the Commission’s Rules of Practice
and Procedure of officers, other than
Commissioners, to preside at hear¬
ings.

STATE LEGISLATION

California:

A. 2645 (Hawkins) COPYRIGHTS — Provides that any person
may file with the Secretary of State a copy of any lecture, sermon,
address, dramatic composition, story, radio script, radio program,
or motion picture scenario, together with an affidavit of author¬
ship, and thereby be entitled to all rights and benefits accruing
therefrom. Referred to Committee on Judiciary General.

Fdorida :

H. 1396 (Same as S. 641) (Overstreet) TRANSMISSION OF
NEWS — Relating to the regulation, transmission of news and in-

June 6, 1941 — 507

formation from within the premises of horse race tracks. Referred
to Committee on Finance and Ta.xation.

H. 1792 (Crary, et al.) MUSICAL COMPOSITIONS— Amend
Chap. 17,807, Acts of 1937, repealing certain sections and relating
to an unlawful monopoly for the privilege of rendering musical
compositions. Passed by the House.

S. 815 (VViiitakkr) MUSIC COPYRIGHTS — Amends Chap.
17,807, .Acts of 1937, an “.Act declaring to be an unlawful monopoly
and combination of persons or firms which determine the amount
of money to be paid to it for the privilege of rendering privately
or publicly for profit copyrighted vocal or instrumental musical
compositions.” Referred to Committee on Judiciary “C”.

Illinois:

H. 914 (J. G. Ryan) LICENSP:S EMPLOA^MENT AGENCIES
— .Authorizes Department of Labor to licen.se and regulate employ¬
ment agencies or agents. Referred to Committee on Judiciary.

FEDERAL COMMUNICATIONS
COMMISSION DOCKET

No broadcast hearings or oral arguments are scheduled to be
heard before the Commission during the week beginning Monday,
June 9.

FUTURE HEARINGS

During the past week the Commission has announced the follow¬
ing future hearings in broadcast cases. They are subject to change.

July 21

KGO and .Au.xil. — National Broadcasting Company, Inc., San Fran¬
cisco, Calif. — Renewal of license, main: 81(1 kc., 7j/2 KW,
unlimited time; auxiliary: 81(1 kc., KW, unlimited time.
KOA — National Broadcasting Company, Inc., Denver, Colo. — Re¬
newal of license, 85(1 kc., SOKW, unlimited time.

WM.AL — National Broadcasting Company, Inc., Washington, D. C.
— Renewal of license, fiUd kc., S KW, unlimited time.

Augu|t 1

NEW — Svmons Broadcasting Company, Ellensburg, Wash. — C. P.,
111(1 kc. (114(1 kc., NARBA),1 KW, unlimited time.

FEDERAL COMMUNICATIONS
COMMISSION ACTION

APPLICATIONS GRANTED

WN.AX — WN.AX Broadcasting Co., Yankton, S. Dak. — Granted
modification of construction permit to make changes in
directional antenna system ; station operates on 570 kc.,
5 KW night and day; directional antenna night, unlimited
time (B4-MP-1 182)'

KOI! — .Albuquerque Broadcasting Co., Albuquerciue, N. Mex. —
Granted special service authorization to operate with 25
KW night time and 50 KW day for a period of 180 days,
using transmitter authorized under construction permit
(B5-P-2783), and frequency 1080 kc. ; this authoriy is
granted subject to the condition that in the event the pro¬
posed operation causse interference which in the judgment
anil discretion of the Commission is objectionable, the au¬
thority for such otieration may be modified or cancelled
without prior notice or hearing (B5-SS.A-1).

WGNY— WGNY Broadcasting Co., Inc., Newburgh, N. Y.—
Granted construction permit to install new transmitter,
change frequency from 135(1 to 1,330 kc. and increase power
from 250 watts to I KW, daytime only (Bl-P-2948).

KRLH — Clarence Scharbauer, Midland, Texas. — Granted modifi¬
cation of construction permit to change frequency from 1450

508- June 6, 1941

to 1380 kc. and extend commencement and completion dates
to 20 days after grant and 30 days thereafter, respectively
(B3-MP-1260).

KWBG — W. B. Green wald (transferor), Stanley Marsh, William
Wyse and Wesley E. Brown (transferees), Nation's Center-
Broadcasting Co., Inc., Hutchinson, Kans. — Granted consent
to transfer control of The Nation’s Center Broadcasting
Co., Inc. (KWBG), from W. B. Greenwald (owner of all
licensee’s outstanding stock), to Stanley Marsh (50%),
William Wyse (49.9%) and Wesley E. Brown (.1%), for
a cash consideration of .1^40,000, or on terms, at the option
of the seller; station operates on 145(1 kc., 100 watts night
and day (construction permit for 250 watts), unlimited
time (B4-TC-251).

WQXR — Interstate Broadcasting Co., Inc., New York, N. Y, —
Granted modification of construction permit to make changes
in equipment, install directional antenna for day and night
use, increase power from 5 KW night and day to 10 KW
night and day, 15()1) kc. Dismissed request for classification
as a I-B station ( Bl-MP-1086 ) .

WSAZ — WS.AZ, Inc., Huntington, W. Va. — Reconsidered action
taken in morning session in designating for hearing appli¬
cation for construction permit and granted same, authorizing
approval of changes in directional antenna and approval of
transmitter site at 3 miles southwest of center of Hunting-
ton, W. Va. (B2-MP-1290).

MISCELLANEOUS

KFDY — South Dakota State College, Brookings, S. D. — Granted
special temporary authority to operate from 10 to 1 1 :30 a. m.
CST on June 9, 1941, in order to broadcast the inauguration
of the President of Sottth Dakota State College only (B4-S-
645 ) .

KFDY — South Dakota State College, Brookings, S. D. — Granted
special temporary authority to remain silent on May 30,
1941, in order to observe Memorial Day.

KFQD — Anchorage Radio Club, Inc., Anchorage, Alaska. — Granted
special temporary authority to operate on May 27, 1941,
in order to broadcast the President’s speech only.

WALB — Herald Publishing Co., .Albany, Ga — .Granted special
temporary authority to oiierate unlimited time on 15!)1) kc.
with power of 1 KW, employing a directional antenna at
night for a period of 10 days.

WFNC — W. C. Ewing & Harry Layman, d/b as Cumberland Broad¬
casting Co., Fayetteville, N. C. — Granted special temporary
authority to operate additional time to broadcast President
Roosevelt’s address on May 27, 1941, only.

WSAZ, WSAZ, Inc., Huntington, W. Va. — Granted special tem¬
porary authority to operate additional time to broadcast
the President’s speech on May 27, 1941, only.

KTRB — KTRB Broadcasting Co., Inc., Modesto, Calif. — Denied
request for special temporary authority to operate from 7:30
p. m. to the conclusion of broadcast in honor of the 20th
Anniversary of the Founding of the Modesto Junior College,
on May 28, 1941, only.

W2XOY — General Electric Co., New Scotland, N. Y. — Granted
extension of special temporary authority to operate a high
frequency experimental broadcast station on 483(10 kc.,
2500 watts, for period May 31 to June 29, 1941, condi¬
tionally,

KGBS — Harbanito Broadcasting Co., Harlingen, Texas. — Granted
modification of construction permit (B3-P-2747 covering a
new station) for installation of new transmitter, changes
in antenna system and extension of commencement date to
60 days after grant and completion date to 180 days there¬
after '(B3-MP-130S).

WBEN — WBEN, Inc., Buffalo, N. Y. — Granted modification of
construction permit (Bl-P-2757) for increase in power to
5 KW, installation of ilirectional antenna for night use;
move transmitter, installation of new transmitter, change
frequency to !(80 kc. under NARB.A, to extend completion
date to Scptemlier 1, 1941 (Bl-MP-1302).

WRLC — R. G. LeTourneau, Toccoa, Ga, — Granted license to cover
construction permit (B3-P-2767) for new station to operate
on 1450 kc., 250 watts, unlimited time (B3-L-1408). Also
granted authority to determine operating power by direct
measurement of antenna input (B3-Z-897).

W.AIM — Wilton E. Hall, .Anderson, S. C. — Granted authority to
determine operating power by direct measurement of an¬
tenna input (B3-Z-914).

VVJAX — City of Jacksonville, Jacksonville, Fla. — Granted authority
to determine operating power by direct measurement of
antenna input (B3-Z-631).

KF.AB — KF.AB Broadcasting Co., Lincoln, Neb. — Granted author¬
ity to determine operating power by direct measurement of
antenna input (B4-Z-904).

WCOC — Mississippi Broadcasting Co., Inc., Meridian, Miss. —
Granted authority to determine operating power by direct
measurement of antenna input (B3-Z-923).

KRSC — Radio Sales Corp., Seattle, Wash. — Granted authority to
determine operating power by direct measurement of an¬
tenna input {BS-Z-921).

KVGB — Helen Townsley, Great Bend, Kans. — Granted authority to
determine operating power by direct measurement of an¬
tenna input (B4-Z-822).

WGKV — Kanawha Valley Broadcasting Co., Charleston, W. Va. —
Granted authority to determine operating power by direct
measurement of antenna input (B2-Z-907).

KOVC — KOVC, Inc., Valley City, N. D. — Granted authority to
determine operating power by direct measurement of an¬
tenna input (B4-Z-89S).

KATE — Albert Lea-Austin Broadcasting Co., Inc., .Albert Lea,
Minn. — Granted authority to determine operating power by
direct measurement of antenna input (B4-Z-885) .

WBOC — The Peninsula Broadcasting Co., Salisbury, Md. — Granted
authority to determine operating power by direct measure¬
ment of antenna input (Bl-Z-894).

WJHO — Opelika-.A.uburn Broadcasting Co., Opelika, Ala. — Granted
authority to determine operating power by direct measure¬
ment of- antenna input (B3-Z-863).

WBKR — Louis P. Thornton, Baker, Ore. — Granted authority to
determine operating power by direct measurement of an¬
tenna input (BS-Z-911).

WHEC — WHEC, Inc., Rochester, N. Y. — Granted authority to
determine operating pow'er by direct measurement of an¬
tenna input (Bl-Z-880).

WICA — WIC.A, Inc., .Ashtabula, Ohio. — Granted authority to
determine operating power by direct measurement of an¬
tenna input (B2-Z-879).

KDTH — Telegraph-Herald, Dubuque, Iowa. — Granted license to
cover construction permit (B4-P-960) for new station to
operate on 1870 kc., 1 KW power, unlimited time, using
directional antenna at night (B4-L-1410). Also granted
authority to determine operating power by direct measure¬
ment of antenna input {B4-Z-902).

KIJG — Eagle Broadcasting Co., Inc., area of Brownsville, Tex. —
Granted further extension of relay broadcast station license
upon a temporary basis for the period ending July 1, 1941,
pending determination upon application for renew'al of
license (B3-ZRY-10).

W.VOB — National Broadcasting Co., Inc., Port Washington, N. Y.
— Granted construction permit to change type of transmit¬
ting equipment and move relay transmitter to Port Wash¬
ington, N. Y. (Bl-PRY-246) .

May Broadcasting Co., Portable-Mobile (Shenandoah, la.). —
Granted construction permit for new relay broadcast station
to be used with standard broadcast station KM.V; frequen¬
cies 1646, 2090, 2190, 2830 kc., 25 watts (B4-PRY-243) .

The Tribune Co., Portable-Mobile (area of Tampa, Fla.). —

Granted construction permit for new relay broadcast station
to be used with applicant’s standard station WFLA; frequen¬
cies 1622, 2058, 2150, 2790 kc., 40 watts power (B3-PRY-

240) .

The Tribune Co., Portable-Mobile (area of Tampa, Fla.). —

Granted construction permit for new relay broadcast station
to be used with applicant’s standard station WFLA; frequen¬
cies 1622, 2058, 2150, 2790 kc., 40 watts power (B3-PRY-

241) .

Merced Broadcasting Co., Portable-Mobile (area of Merced, Cal.).
— Granted construction permit for new relay broadcast sta¬
tion to be used with applicant’s standard station KYOS;
frequencies 1646, 2090, 2190, 2830 kc., power IS watts
(BS-PRY-24S).

W.ALH — Piedmont Publishing Co., Portable-Mobile (area of
Winston-Salem, N. C.). — Granted license to cover construc¬
tion permit (B3-PRY-233) for new relay station to be used
with applicant’s standard broadcast station WSJS; fre¬
quencies 1622, 2058, 2150, 2790 kc., 100 watts power
(B3-LRY-22S).

W47NV — The National Life & Accident Ins. Co., Nashville, Tenn.
— Granted license to cover construction permit (B3-PH-44)
which authorized a new FM station (B3-LH-1).

WKST — WKST, Inc., New Castle, Pa. — Granted modification of
construction permit (B2-P-2809, covering installation of
directional antenna for night use; change hours of opera¬
tion from daytime to unlimited, using 1 KW night and day,
and for 1280 kc. under NARB.^) for extension of com¬
pletion date to July 1, 1941 (B2-MP-1303) ,

WTAL — Fla. Capitol Broadcasters, Inc., Tallahassee, Fla, — Granted
construction permit to make changes in transmitting equip¬
ment (B3-P-917S),

WTAW — Agricultural and Mechanical College of Texas, College
Station, Texas, — Granted license to cover construction per¬
mit (B3-MP-1006, for new transmitter, increase in power
to 1 KW, and change in frequency under NARBA (B3-L-
1414),

KTRB — KTRB Broadcasting Co., Inc., Modesto, Calif. — Granted
special temporary authority to operate from 7:30 p. m. to
conclusion of broadcast of .Annual Commencement Exercises
of the Modesto Junior College on June 12, 1941, only.

WHKC — United Broadcasting Co., Columbus, Ohio. — Granted
special temporary authority to operate from 9:45 p. m.,
EST, to conclusion of President Roosevelt’s address only,
approximately 10 p. m. EST on May 27, 1941.

KWJJ — KWJJ Broadcasting Co., Inc,, Portland, Ore. — Granted
extension of special temporary authority to operate on
1689 kc., 500 watts, limited time, and resume operation
from 9 p, m. or until WTIC and KRLD sign-off, to 3 a, m.
PST, for the period March 29, 1941, and ending at comple¬
tion of construction, proof of performance and grant of an
application for license to cover construction permit (B3-S-
_ 87).

WCNW — .Arthur Faske, Brooklyn, N. Y. — Denied request for
special temporary authority to operate daily from 12:01
a, m. to 1 a, m, on a non-commercial basis in order to
broadcast Associated Press and Standard News Association
news reports, Americanization programs; also musical selec¬
tions by means of records and transcriptions only, for
period June 2, 1941 to not later than July 1, 1941,

W2XMN — Edwin H, Armstrong, .Alpine, N, J, — Granted special
temporary authority to rebroadcast program of W71NY
on May 27, in order to carry speech of President Roose¬
velt, only,

WHIG — Seaboard Radio Broadcasting Corp., Glenside, Pa. — ■
Granted extension of special temporary authority to operate
from local sunrise, Glenside, Pa„ to local sunset Knoxville,
Tenn. (radio station WNOX), instead of daytime as stipu¬
lated in reallocation for the period May 28, 1941, and end¬
ing not later than June 26, 1941, pending action on formal
application for such authority,

WORE — Broadcasting Service Organization, Inc., Boston, Mass, —
Granted special temporary authority to operate from 9 to
10 p, m. EST on June 14, 1941, in order to broadcast the
Convention Dinner held in Boston on Flag Day only
(Bl-S-205),

KIUP — San Juan Broadcasting Co„ Durango, Colo, — Granted
special temporary authority to remain silent from 7 to 10
p. m, LST for a period of 10 days beginning June 1, to not
later than June 10, 1941,

KSUB — Southern Utah Broadcasting Co., Cedar City, Utah. —
Granted special temporary authority to remain silent after
7 p. m. MST for a period not to exceed 30 days.

WNYE — Board of Education, New York City, N. Y. — Granted ex¬
tension of sjjecial temporary authority to continue to operate
non-commercial educational broadcast station WNYE on
41160 ke., for the period May 31, 1951, to not later than
June 29, 1941, pending completion of construction under
construction permit (Bl-PED-18),

KEHR — Donald C, Treloar, Kalispell, Mont. — Granted special
temporary authority to operate on 2658 kc. for test and
broadcast of farmers convention to be held 15 miles north¬
east of Kalispell to KGEZ during the week beginning
June 8 and ending not later than June 14, 1941.

WGN — WGN, Inc.. Chicago, Ill. — Granted special temporarv au¬
thority to rebroadcast a program originating in U. S. Army
plane 1B-18M 36-274 flying over Soldiers Field, Chicago,
on May 29, 1941, from 9 to 9:30 p. m. FIST only.

WDLP -Panama City Broadcasting Co., Panama City, Fla.;
WTMC — Ocala Broadcasting Co., Inc., Ocala, Fla. — Con¬
tinued hearings in re revocation of licenses of Stations

June 6, 1941 — 509

WDLP and WTMC, now scheduled for June 2, 1941, until
June 16, 1941. (Dockets Nos. 6001 and 6000.)

V\'7lSB — South Bend Tribune, South Bend, Ind. — Granted is¬
suance of construction permit for FM station without
prejudice to determination of hearing on Order No, 79
(B4-PH-S4),

Gibralter Service Corp., Philadelphia, Pa. — Placed in pending file
pursuant to Order No. 79, application for construction
permit for new FM station (B2-PH-92).

Texas Star Broadcasting Co., Houston, Tex. — Adopted order deny¬
ing petition for reconsideration and grant without hearing
application for construction permit for new standard broad¬
cast station to operate on 125(1 k(“., 250 watts, unlimited
time (B3-P-6089).

VVAAF — Drovers Journal Publishing Co., Chicago, Ill. — Adopted
decision and order denying petition for rehearing hied by
Drovers Journal Publishing Co. (W.AAF), directed against
the action of the Commission January 28, 1941, granting
the application for modification of construction permit of
The Evening News Association (VVWJ), Detroit, Mich., for
approval of directional antenna for nighttime use.

Ralph L. Lewis, Greensboro, N. C. — Adopted order denying peti¬
tion of Ralph L. Lewis, Greensboro, N. C., to sever and
disassociate the hearing on his application for construction
permit for new station from the application of R. B. Terry,
D, A. Rawley, C. M. Waynick, and Y. A. Cecil, d/b as
High Point Broadcasting Co., High Point, N. C., for con¬
struction permit for new station, which were designated
for consolidated hearing.

APPLICATIONS FILED AT FCC

550 Kilocycles

WKRC — The Cincinnati Times-Star Co., Cincinnati, Ohio. — Au¬
thority to determine operating power by direct method.

570 Kilocycles

KUTA — Jack Powers, David G. Smith, Frank C. Carman and
Grant R. Wrathall, d, b as LTtah Broadcasting Co., Salt
Lake City, Utah. — Authority to determine operating power
by direct method.

580 Kilocycles

VVTAG — Worcester Telegram Publishing Co., Inc., Worcester,
Mass. — Authority to determine operating power by direct
method (auxiliary transmitter).

610 Kilocycles

W.AYS — Inter-City Advertising Co., Charlotte, N. C. — Modifica¬
tion of construction permit (B3-P-2878) for a new station,
requesting approval of directional antenna for day and
night use.

WMUR — The Radio Voice of New Hampshire, Inc., Manchester,
N. H. — Modification of construction permit (Bl-P-2897)
as modified for a new broadcast station, requesting extension
of completion date to July 1, 1941.

650 Kilocycles

WSM — The National Life and Accident Insurance Co., Nash¬
ville. Tenn. — Authority to determine operating power by
direct method for auxiliary transmitter.

WSM — The National Life and Accident Insurance Co., Inc., Nash¬
ville. Tenn. — Authority to determine operating power by
direct method.

670 Kilocycles

WM.AQ — National Broadcasting Co., Inc., Chicago, 111. — Authority
to determine operating power by direct method.

680 Kilocycles

WISR — David Rosenblum, tr. as Butler Broadcasting Co., Butler,
Pa. — Modification of construction permit (B2-P-3046) for
a new station, for approval of antenna and approval of
studio and transmitter sites.

KPO — National Broadcasting Co., Inc., San Francisco, Calif. —
Authority to determine operating power by direct method.

510- June 6, 1941

710 Kilocycles

WOR — Bamberger Broadcasting Service, Inc., New York, N. Y. —
Authority to determine operating power by direct method.

770 Kilocycles

WJZ — National Broadcasting Co., Inc., New York, N. Y. — Au¬
thority to determine operating power by direct method.

WJZ — National Broadcasting Co., Inc., New York, N. Y. — Au¬
thority to determine operating power by direct method.
(Auxiliary trnasmitter.)

790 Kilocycles

WMC — Memphis Publishing Co., Memphis, Tenn. — Construction
permit to make changes in directional antenna for night use
and increase power from 1 KW night, 5 KW day to S KW
day and night. Amended; to request 7!)0 kc. under NARBA
and make changes in directional antenna.

810 Kilocycles

KGO — National Broadcasting Co., Inc., San Francisco, Calif.- —
Authority to determine operating power by direct method.

860 Kilocycles

KTRB — KTRB Broadcasting Co., Inc., Modesto, Calif. — Authority
to determine operating power by direct method.

910 Kilocycles

KPOF — Pillar of Fire (a corporation), Denver, Colo. — Authority
to determine operating power by direct method.

920 Kilocycles

NEW — Trent Broadcast Corp., Trenton, N. J. — Construction per¬
mit for a new broadcast station to be operated on 1230 kc.,
1 KW, unlimited hours, Class HI-B, directional antenna day
and night. Amended; to request 920 kc., changes in equip¬
ment and directional antenna.

950 Kilocycles

KOMO — Fisher’s Blend Station, Inc., Seattle, Wash. — Modification
of construction permit (BS-P-2848) as modified, for in¬
stallation of directional antenna for night use, and increase
power, requesting extension of completion date from 6-22-41
to 8-1-41.

1020 Kilocycles

KFVD — Standard Broadcasting Co., Los Angeles, Calif. — Authority
to determine operating power by direct method.

KDK.A — Westinghouse Radio Stations, Inc., Pittsburgh, Pa. — Au¬
thority to determine operating power by direct method.

1030 Kilocycles

WBZ.A — Westinghouse Radio Stations, Inc., Boston, Mass. — .Au¬
thority to determine operating power by direct method.

1100 Kilocycles

WTAM — National Broadcasting Co., Inc., Cleveland, Ohio. — Au¬
thority to determine operating power by direct method.

KJBS — Julius Brunton & Sons Co., San Francisco, Calif. — .Author¬
ity to determine operating power by direct method.

1110 Kilocycles

WMBI — The Moody Bible Institute of Chicago, Chicago, Ill. —
Authority to determine operating power by direct method.

1170 Kilocycles

KVOO — Southwestern Sales Corp., Tulsa, Okla. — Authority to
determine operating power by direct method.

1190 Kilocycles

WOWO — Westinghouse Radio Stations, Inc., Ft. Wayne, Ind. —
Authority to determine operating power by direct method.

1230 Kilocycles

KWNO — Maxwell H. White and Herman R. Wiecking, d/ b as
Winona Radio Service, Winona, Minn. — Authority to deter¬
mine operating power by direct method.

WMIN — WMIN Broadcasting Co., St. Paul, Minn. — Authority to
determine operating power by direct method.

WJBC — Arthur Malcolm McGregor, Dorothy Charlotte McGregor
and Hugh L. Gately, d/b as Radio Station WJBC, Bloom¬
ington, Ill. — Authority to determine operating power by
direct method.

KYSM — F. B. Clements and Co. ,a co-partnership, composed of
F. Braden Clements, Clara D. Clements and C. C. Clements,
d/b as Southern Minnesota Supply Co., Mankato, Minn. —
Authority to determine operating power by direct method.

WCOL — WCOL, Inc., Columbus, Ohio. — Authority to determine
operating power by direct method.

KGDE — Charles L. Jaren. Fergus Falls, Minn. — .Authority to de¬
termine operating power by direct method.

NEW — R. M. Wallace and G. E. Schnibben, d/b as Norfolk
County Broadcasting Co., Norfolk, Va. — Construction per¬
mit for a new broadcast station to be operated on 14!)0 ki'.,
250 watts, unlimited hours (contingent on WBOC going to
1230 kc.).

KGFJ — Ben S. McGlashan, Los -Angeles, Calif. — .Authority to
determine operating power bv direct method.

WBBZ — .Adelaide Lillian Carrell, Exe. of Estate of Charles Lewis
Carrell, Deceased, Ponca City, Okla. — .Authority to deter¬
mine operating power by direct method.

WLOG — Clarence H. Frey and Robert 0. Greever, Logan, W. Va. —
License to cover construction permit (B2-P-3109) for
changes in equipment and increase in power on 1230 kf.
(Section 10c).

WHVC — The Ohio Broadcasting Co., Canton, Ohio. — .Authority
to determine operating power by direct method.

KVOS — KVOS, Inc., Bellingham, Wash. — .Authority to determine
operating power by direct method.

1240 Kilocycles

KFJI — KFJI Broadcasters, Inc., Klamath Falls, Ore. — Authority
to determine operating power bv direct method.

WCOA’ — Capital Broadcasting Co., Inc., Montgomery, .Ala. — Li¬
cense to cover construction permit (B3-P-2802) to make
changes in equipment and increase in power.

WIBU — Wm. C. Forrest, Poynette, Wis. — .Authority to determine
operating power by direct method.

1270 Kilocycles

WHBF — Rock Island Broadcasting Co., Rock Island, Ill. — License
to cover construction permit (B4-P-2S68) as modified to
change type of transmitter, make changes in directional
antenna.

WHBF — Rock Island Broadcasting Co., Rock Island, Ill. — .Au¬
thority to determine operating power by direct method.

KTFI — Radio Broadcasting Corp., Twin Falls, Idaho. — .Authority
to determine operating power by direct method.

1280 Kilocycles

WMRO — Martin R. O’Brien, .Aurora, Ill. — .Authority to determine
operating power by direct method.

1290 Kilocycles

KUOA — KLIOA, Inc., Siloam Springs, ,Ark. — -Authority to determine
operating nower by direct method.

1310 Kilocycles

KFBB — Buttrey Broadcast, Inc., Great Falls, Mont. — Modification
of construction permit (B5-P-2920) as modified, for in¬
crease in power and installation of directional antenna for
night use, requesting extension of completion date from
6-30-41 to 7-31-41.

1330 Kilocycles

WEVD — Debs Memorial Radio Fund, Inc., New York, N. Y. —
Authority to determine operating power by direct method.

1340 Kilocycles

WSOY — Commodore Broadcasting, Inc., Decatur, Ill. — Construc¬
tion permit to change frequency from 1340 to 1320 ke.

under NARB.A, power from 250 watts to 1 KW night, 5
KW day, using directional antenna night, make equipment
changes and move transmitter. Amended: to request change
in frequency to 1560 kc,, power to 10 KW day and night,
change type of transmitter, make changes in directional
antenna for night use, and change requested location of
transmitter-

1360 Kilocycles

KGB — Don Lee Broadcasting System, San Diego, Calif. — Con¬
struction permit to increase power from 1 to 5 KW, install
new transmitter and new antenna and move transmitter
and studio,

1400 Kilocycles

WSVS — Board of Education, City of Buffalo, Buffalo, N. AC —
.Authority to determine operating power by direct method.

WCOS — Carolina .Advertising Corp., Columbia, S. C. — .Authority
to determine operating power by direct method.

1440 Kilocycles

WROK — Rockford Broadcasters, Inc., Rockford, Ill. — .Authority to
determine operating power by direct method.

1450 Kilocycles

WGL— Westinghouse Radio Stations, Inc., Ft. Wayne, Ind.—
Authority to determine operating power by direct method.

KS.AN— Golden Gate Broadcasting Corp., San Francisco, Calif.—
.Authority to determine operating power by direct method.

KEUB — Eastern Utah Broadcasting Co., Price, Utah. — .Authority
to determine operating power by direct method.

WN.AB— Harold Thomas, Bridgeport, Conn — Modification of con¬
struction permit (Bl-P-2410) as modified, for a new broad¬
cast station, requesting extension of completion date from
6-30-41 to 9-30-41,

1460 Kilocycles

KGNF— Great Plains Broadcasting Co. (a Corporation), North
Platte, Nebr. — .Authority to determine operating power by
direct method.

1490 Kilocycles

WBTA — Batavia Broadcasting Corp., Batavia, N, Y. — Authority
to determine operating power by direct method.

WRDW— Augusta Broadcasting Co., .Augusta, Ga. — .Authority to
determine operating power by direct method.

1590 Kilocycles

W.AKR— Summit Radio Corp., .Akron, Ohio.— Authority to deter¬
mine operating power by direct method.

W.ALB — Herald Publishing Co., Albany, Ga. — .Authority to de¬
termine operating power by direct method.

1600 Kilocycles

KPMC— Pioneer Mercantile Co., Bakersfield, Calif,— .Authority to
determine operating power by direct method.

FM APPLICATIONS

NEW— Tribune Building Co., Oakland, Calif.— Construction per¬
mit for a new high frequency broadcast station to be
operated on 46300 kc. ; coverage, 1,216 square mites; popu¬
lation, 1,350,000.

NEW — Columbia Broadcasting System, Inc., St. Louis, Mo.—
Construction permit for a new high frequency broadcast
station to be operated on 44700 kc. ; coverage, 10,950
square miles; population, 1,708,332. Amended: To change
coverage to 12,900 square miles, population to 1,847,060
and make changes in antenna system.

W53H— The Travelers Broadcasting Service Corp., Hartford, Conn.
— Modification of construction permit (Bl-PH-12) for a
new high frequency broadcast station, requesting approval
of transmitter and antenna system and change population
from 4,893,439 to 1,036,400. Amended: To make changes
in transmitter and antenna system and population to 936,448.

June 6, 1941 — 511

TELEVISION APPLICATION

\V2XCK — Columbia Broadcasting System, Inc., Portable-Mobile. —
Modification of construction permit (Bl-PVB-46) as modi¬
fied for new television broadcast station, requesting change
in frequency from ;i86000-34800(( to 34fi0()0-3;)8000 kf.

The complaint further charges that the advertisements dissemi¬
nated by the respondents constitute false advertisements in that
they fail to reveal that use of the preparation under such conditions
mav result in gastro-intestinal disturbances or other serious injury.
(4510)

MISCELLANEOUS APPLICATIONS

NEW — Hagerstown Broadcasting Co., Hagerstown, Md. — Con¬
struction permit for a new relay broadcast station to be
operated on 1632, 3(l.)8, 2150, 2790 Uc., SO watts, emission
A.C Amended: re location.

NEW — Morgan County Board of Education, West Liberty, Ky. —
Construction permit for a new non-commercial educational
broadcast station to be operated on 42100 kc., 500 watts,
A,5 emission.

W8XO — The Crosley Corp., near Mason, Ohio. — Modification of
license to change maximum power of transmitter from
500000 watts to 750000 watts, increase power from 100000
and 500000 watts to 100000 and 750000 watts, and make
minor changes in equipment,

WHAE — Courier-Journal and Louisville Times Co., Louisville,
Ky. — License to cover construction permit (B2-PRE-361)
for a new relay broadcast station. (C. P, EXPIRED,
SHOULD FILE FOR REINSTATEMENT.)

NEW — Board of Education of the Memphis City Schools, Mem¬
phis, Tenn. — Construction permit for a new non-commer¬
cial educational broadcast station to be operated on 42190
kc., 250 watts, A3 emission, unlimited time. (SECTION 6
of Form 313, SECTIONS 17, 21b, 23, 24, 28d of Form 309.)

VVh‘\UR — University of Illinois, S. of Champaign, Ill. — License to
cover construction permit (B4-PRY-226) for a new relay
broadcast station. (SECTIONS Sg and 7b and SHOLTLD
FILE FOR REINSTATEMENT.)

NEW — WSAZ. Inc., Portable-Mobile. — Construction permit for
a new relay broadcast station to be operated on 1622, 2058,
2150, 2790 kc., 40 watts, emission A3.

FEDERAL TRADE
COMMISSION ACTION

COMPLAINTS

Federal Trade Commission has alleged unfair competition against
the following firms. The respondents will be given an opportunity
to show' cause why cease and desist orders should not be issued
against them.

(kniconl Distriliiitiiig Company, Ine. — A complaint has been
issued charging Concord Distributing Co., Inc., 603 6th Ave., New
York, with the use of lottery methods in the sale of cameras, souve¬
nirs, thermometers, clocks and other merchandise.

According to the complaint, the respondents, in selling such
articles, furnish various devices and plans of merchandising which
involve the operation of a lottery scheme or game of chance by
which the merchandise is sold to the consuming public. (4508)

Kay’s ('ill Hale - .4 complaint has been issued against David L.
Silver and O .C. Colwes, trading as Kay’s Cut Rate and as Kay’s
Cut Rate Drugs, Berkley, W. Va., alleging misrepresentation in the
sale of a medicinal preparation.

The comjrlaint charges the respondents with disseminating adver¬
tisements in which they represent, directly and by implication, that
their preparation designated as "Madame Bea’s Capsules” constitutes
a competent and effective treatment for delayed menstruation, and
is safe and harmless.

According to the complaint, the product sold by the respondents
is not a competent or effective treatment for delayed menstruation,
and is not safe or harmless in that it contains certain drugs in quan¬
tities sufficient to cause serious and irreparable injury to health,
if the pre|iaration is used under the conditions prescribed in the
advertisements or under customary or usual conditions.

512 — June 6, 1941

Seamless Kuliber Co., New Haven, Conn., in a complaint is
charged with misrepresentation in the sale of electrical heating pads
intended for use in treating diseases.

The complaint alleges that advertisements disseminated by the
respondent in various States represented, directly or through infer¬
ence, that its heating pads are capable of generating and maintain¬
ing three different sustained levels of temperature, and that the
tem[)eraturc may be controlled and the desired uniform heat ob¬
tained by simply setting the sw'itches at points marked “L”, "M”
or “H”.

According to the complaint, the respondent’s heating pads do not
maintain three levels of temperature and the temperature cannot
be controlled, except by alternately attaching and detaching the
connecting electric current cords. The complaint alleges that the
pads, if connected to the current and turned on, eventually attain
their maximum level of temperature and arc thermostatically con¬
trolled at that level regardless of the positions at which the switches
may be set. The sole function of the switches, according to the
complaint, is to regulate the input or wattage of electric current
used by the pads and thus to some extent control the speed with
which the maximum temperature w'ill be attained. (4509)

CEASE AND DESIST ORDERS

Following cease and desist orders have been issued by the
Commission:

Edwin Cigar Co., Inc., 100 East 16th St., and House of West¬
minster, Ltd., 191 F'ourth ,4ve.. New York, and four individuals
have been orilcred to cease and desist from misrepresentations in the
sale of cigars, smoking tobacco, pipes, tobacco pouches, razor
blades, shav'ing cream, and novelties.

The respondent individuals are Leonard R. Edwin and Jules M.
Cole, officers and directors of the two corporations; Max Rosen-
blunij formerly both an officer of Edwin Cigar Co., Inc., and a
director of House of Westminster, Ltd., and Sadie Rosenblum (Mrs.
Max Rosenblum), formerly an officer and director of Edwin Cigar
Co,, Inc., and a stockholder in the Westminster corporation.

The Commission order directs the respondents to cease using the
name "House of Westminster, Ltd.,” as a corporate, trade or other
name, or employing any other distinctively British name to de¬
scribe a business which is not a British concern or branch, or agent
of or affiliated w'ith a British concern. In connection with any
such business, the order further prohibits the use on letterheads or
otherw'ise of pictorial representations simulating the British Royal
Arms, or a Gothic cathedral or abbey, or similar representations.

The respondents further are ordered to cease employing the names
“Park Royal”, "The Duke of Windsor”, or other distinctively Brit¬
ish names to refer to pipes not imported from England, and the
name “Belvedere London Plug Cut British Pipe Mixture” and other
distinctively British names, separately or in conjunction w'ith pic¬
torial representations implying British origin, to refer to smoking
tobaccos not imported from England.

The Commission order also bars the respondents from using
the fictitious name “Westminster Steel Co.” or otherwise represent¬
ing that they manufacture the razor blades they sell.

The respondents also are ordered to discontinue representing that
small-sized or defective cigars are full-sized, full-bodied and fine-
flavored, and to cease using the term “Havana” or other terms in¬
dicative of tobacco grown in Cuba, alone or in combination with
other terms, to designate cigars not made entirely of tobacco grown
there. The order makes the exception that cigars containing a sub¬
stantial amount of tobacco grown in Cuba may be referred to as
“blended with Havana”, or Iiy any similar term, provided that
the words "blended with” or other qualifying words are set out
in immediate conjunction with the word “Havana” or other term
indicative of tobacco grown in Cuba, and in equally conspicuous
type.

Certain misrepresentations of price and the nature, size or extent
of the respondents’ business also are prohibited under the order.

The Commission dismissed its complaint in this proceeding as to
Fredi Mannara and John Schwab, former employees of Edwin

Cigar Co., Inc., and associates in the Cigar Makers’ Federation, and
Ruth Hess, Charles Grothe, and Park G. Shaw, former associates
in that federation. (4085)

Fong Wan — Fong Poy, also known as Fong Wan. a distributor
of Chinese herbs, 576 10th St., Oakland, Calif., and his co-partners,
Fong Kwongii, Yee Nun Yet, Chan Woon Sheung, and Lee Bing
Lim, individually and trading as Fong Wan, has been ordered to
cease and desist from misrepresentation in the sale of their herbs.

Commission findings are that the respondents have advertised
Fong Poy as being qualified to diagnose diseases, and their herbs,
when administered in the form of tea, as constituting cures or
remedies for, or as possessing therapeutic value in the treatment of
cancer, tuberculosis, ulcers and numerous other diseases and dis¬
orders.

Fong Poy, according to Commission findings, is not a physician
and has had no formal medical or scientific training. The conten¬
tion that he is qualified to diagnose human ailments and prescribe
for them is based entirely on his claim that he has made a study
of ancient Chinese writings upon the subject of herbs.

According to further findings, Fong Poy’s methods of diagnosis
are based upon doctrines which are of historical interest only, and
which have had no acceptability in the scientific sense for several
centuries. One such doctrine involves analogy between color of
plant preparations and color of organs of the body or color of
symptoms that may occur in the body.

In his purported diagnosis, the findings continue, Fong Poy
places particular emphasis on the nature and sound of the patient’s
voice. His theory, as stated in the respondents’ publication “Herb
Lore,” is that: “Many sufferers make a low moaning sound. This
is the tone of the Yii and signifies kidney trouble. A loud, cranky,
quick-tempered voice indicates an ailment of the heart. A crying,
choking voice signifies trouble in the lungs, while a sighing sound
directs one to the spleen, intestines, etc. * * *” For persons

writing to the respondents Fong Poy has selected herbs on the
basis of information contained in the letters.

The evidence shows and the Commission finds that it is im¬
possible correctly to diagnose human ailments or disorders through
the method employed by the respondents.

The Commission order directs the respondents to cease dissemi¬
nating advertisements which represent, directly or through infer¬
ence, that their herbs constitute cures or remedies for, or possess
therapeutic value in the treatment of, cancer, tuberculosis, diabetes,
Bright’s disease, influenza, prostate gland disorders, paralysis, vari¬
cose veins, hardening of the arteries, cross-eyes, obesity, gallstones,
stomach ulcers, or pyorrhea; that the herbs are cures or remedies
for heart, kidney, bladder, liver and stomach troubles, blood dis¬
orders, high or low blood pressure, or bronchial disorders; that the
respondent’s herbs will build up the body, purify the blood, renew
strength, and wash away diseases from the body, or that Fong Poy
or any of the respondents have the ability to diagnose diseases or
prescribe remedies.

The respondents further are ordered to cease representing that
their herbs have therapeutic value in the treatment of (1) arthritis
or rheumatism, beyond affording temporary relief from symptoms
of pain; (2) asthma, in excess of temporary relief from paroxysms
of asthma; (3) colds, in excess of temporary relief from symptoms
of congestion of the mucous membrane; and (4) goiter, in excess
of supplying iodine in cases where there is iodine deficiency, and
that the herbs are cures or remedies for any of these ailments. (3964)

STIPULATIONS

The Commission has entered into the following stipulations:

Quaker Stretelier Co., 2500 60th St., Kenosha, Wis, has entered
into a stipulation that in the sale of curtain stretchers it will cease
using any representation, either by printed statement, pictorial
illustration or otherwise, the effect of which may cause the impres¬
sion that curtain stretchers are equipped with ball point pins when
in fact they are not so equipped; or that the pins used in stretchers
cannot loosen or come out when in fact they can loosen and come
out. (3118)

Sheer Mold Company — LaVel Co., trading as Sheer Mold Co.,
1019 North Las Palmas Ave., Hollywood, Calif., distributor of a

garment designated “Sheer Mold Reducing Girdle”, and the General
Advertising Agency, Inc., 1265 North Vermont Ave., Los Angeles,
have entered into stipulations to cease disseminating certain adver¬
tising matter in connection with the sale of this garment.

Under their respective stipulations, the respondents agree to
cease employing in advertising matter the word “Reducing” as part
of the trade name of the product, and to cease using the word
“Reducing” or similar words as descriptive of the product or of the
accomplishments which purportedly result from its use, so as to
imply that the wearing of this garment will cause a reduction of
local or bodily tissue or will effectively remove fat and thus over¬
come or lessen a condition of fatness or weight.

The stipulation of the LaVel Co. recites that while the wearing
of this garment may change physical appearance by compressing
that portion of the body about which it is placed, it will not
effectively remove fat. (3116-3117)

Victor Silk Hosiery Corporation of Maryland, Hagerstown,
Md., entered into a stipulation to cease certain representations in
the sale of women’s hosiery.

The respondent corporation agrees to cease using the word “Silk”
as part of its corporate or trade name, and such word or any other
word or coined words connoting silk in or on advertising, trade
literature, labels, invoices, or otherwise, in describing stockings or
merchandise not composed wholly of silk.

The stipulation provides that (1) if the products are composed
partly of silk and partly of some other fiber material, the word
“Silk”, or similar words, if used to refer to the silk content, shall
be accompanied by other words in equally conspicuous type to
indicate clearly that the products are not made wholly of silk ;
and (2) if the fiber other than silk constitutes the major portion
of the product, the name of the predominating material shall pre¬
cede the word “Silk”, as for example, “Rayon and Silk”.

The respondent further agrees to cease advertising, branding,
labeling, invoicing or selling hosiery or other products composed
wholly or partly of rayon without clearly disclosing (1) the rayon
content by use of the word “Rayon” and (2) each constituent fiber
of products composed of both rayon and other materials in the
order of each fiber’s predominance by weight, and in immediate
connection with the word “Rayon”.

Under its stipulation, the respondent corporation further agrees
to cease advertising, branding by transfer or otherwise labeling,
invoicing or selling hosiery marked “42 gauge” when in fact it is
not “42 gauge”. (3120)

Westinglioiise Electric & Maiuifacturiiig Co., Pittsburgh, has
entered into a stipulation to cease certain representations in the sale
of electrical heating pads. The respondent stipulated that in the
sale of such pads not equipped with adequate thermostatic or other
heat controls calibrated for three different degrees of heat, it will
cease making representations which imply that the pads are capable
of maintaining, or that operation of the switches used in connec¬
tion with the pads results in maintaining, three different tempera¬
tures. According to the stipulation, the operation of the switches
merely regulates the time required to heat the pads to a single
maximum temperature for which the heat control units are cali¬
brated. (3119)

Wolil Shoe Co., St. Louis, and Stern Brothers, a New York
department store, entered into stipulations to cease certain repre¬
sentations in the sale of shoes.

Under their respective stipulations, Wohl Shoe Co. agrees to
cease using the word “Alligator”, alone or in connection with the
word “Calf”, or other similar words, and Stern Brothers agrees to
cease employing the word “Alligator” or other similar words, to
describe such of their products as are not made from alligator hide,
provided that the w’ord “Alligator” may be used to describe the
finish of shoes which are made from materials other than alligator
leather and are finished or embossed to resemble it, when this word
is immeditely accompanied by other w'ords clearly indicating that
the designation refers only to the pattern embossed on such
materials. (3121-3122)

FTC CASES DISMISSED

The Federal Trade Commission dismissed complaints which
charged 11 tile concerns with price discrimination in the sale of
their products in violation of the Robinson-Patman .Act.

June 6, 1941 — 513

Page

Nine of the 11 concerns are: United States Quarry Tile Co.,
Canton, Ohio (2951); Superior Ceramic Corporation, Anderson,
Ind. (3546); Mosaic Tile Co., Zanesville. Ohio (3548); C. Pardee
Works, Perth Amboy, N. J., Matawan Tile Co., Matawan, N, J.,
and their jointly owned distributing agency, Pardee Matawan Tile
Co., Perth .-Xmboy, N. J. (3549) ; Wenczel Tile Co., Trenton, N. J.
(3550) ; Wheeling Tile Co., Wheeling, W. Va. (3551 ), and National
Tile Co., Inc., .\nderson, Ind. (3553).

The Commission orders note the record does not establish that
the 9 concerns named had discriminated in price between purchasers
competitively engaged, as had been alleged.

Complaints also were dismissed in the cases of Trent Tile Co.,
Inc., Trenton, N. J. (3547), and Architectural Tiling Co., Inc., Key-
port, N. J. (3552), the Commission order in the Trent case noting
that that concern had been adjudicated a bankrupt and dissolved.

May Index

Page

Army 394-457

Book Collections 394

Names of Radio Men Drafted 482

Program Director 457

American Society of Composers, Authors and Pub¬
lishers 387-407-440-475

ASCAP Loses in Supreme Court 475

BMI Statement Concerning ASCAP-Mutual Con¬
tract 440

Factual Analysis of ASCAP-Mutual Proposal 407
Miller’s Telegram Regarding Mutual-ASCAP
Proposal 387

Miller’s Statement Regarding ASCAP-Mutual
Contract 440

Broadcast Advertising Record 422

Broadcast Music, Incorporated 392-424-482

Activities at NAB Convention 439

Britain Accepts BMI 482

Canadian Government Program 424

Copyright Research Department 426

Exhibit at NAB Convention 392

Feature Tunes 392-425-482

Foreign Language Music 424

Grants Clearance at Source to Exhibitors 425

Hemispheric Solidarity 392

I Am An American 426

Kaye Stays at BMI 392

Receives Canadian Fees 482

Subscribers More Than Doubled 425

China Relief Seeks 5,000,000 394

Contest on WJZ-Blue 394

Daylight Saving Time 426

Federal Communications Commission 395-428-457-483
Fly Discusses “Monopoly” 457

Fly Discusses Television, FM 483

Foreign Language Broadcasts 485

Harris Assistant General Counsel 458

“Heil Hitler” Station Seized 395

Hilmer Assistant General Counsel 458

Jacksonville, Illinois, Broadcast Grant 459

New California Station 459

Policy with Respect to Newspapers 395

Procedure Revised 396

Report on March 20, 1941, Television Hearing 428
Sections 1.351 and 1.382 of Rules of Practice
and Procedure Amended 396

Section 1.71 Amended 484

Section 2.92 of the General Rules and Regula¬
tions Adopted 484

Short Wave Propaganda 484

Statistical Yearbook 396

Studio Transmitter Link Rules Amended 396

Supplemental Form Adopted 483

Television Application Forms 458

Federal Communications Commission — Continued

Television Gets Green Light 428

Report on Chain Broadcasting 414-418-421

“Minority Comment” by Commissioners Case
and Craven 418

New Network Rules 415

Sent to Department of Justice 421

Where Obtainable 421

woe Increased Facilities 458

Forum Programs . 394

Insurance 482

Institute of Radio Engineers Convention 481

IRNA Resolution 438

Labor 389-421

Classification of Salesman-Writers-Announcers 389
Discrimination 389

Outside Salesmen 421

Regular Hourly Rate 389

Statement of the American Federation of Labor
About Cost of Living Prices 389

Technicians Not “Professional” 389

Legal 394-427

ASCAP Cases Argued 394

Copyright and Libel Insurance 395-427

Selective Service 427

Legislative 395-427-437-457-483

Federal Legislation 395-427-457

Radio Income Tax 457

State Legislation 395-427-457-483

White Resolution 437

Senator Wheeler Calls Hearing 437

Name Band Tax 482

National Association of Broadcasters 387-421-427-452
Convention 387-437

Attendance 453

BMI Exhibit 392

Golf Winners 453

Miller’s Statement on National Defense 441

Program 387-407

Promotion Display Winners 453

Resolutions 451

Speeches 442

Chairman Fly 442

Commander Thurber 450

General Richardson 448

Mark Ethridge 444

Vice President Wallace 446

Executive Committee 421

Insurance Committee Meeting 427

New Board of Directors 452

National Defense 481

Army Maneuvers 481

Radio Branch, Bureau of Public Relations, War
Department 481

Sales 390-422-454-479

AAAA Convention 390

AFA Convention Program 423-456

Apple Commission Uses Radio 422

Circus Time 391

Circus Succeeds with Radio 422

Cost-Per-Inquiry 391-423-455

Armand S. Weill Company (Sachinal Per¬
fume) 423-455

Bozell and Jacobs Agency (Hayo) 455

Electronic Radio — Television Institute 391

Frank R. Steel Associates (Princess Pat) 455

Henry Holt 423

Pondrom and Collins Advertising Agency
(Crazy Water Crystal Co.) 455

Radio Income Builders 423-455

Rogers and Smith Advertising Agency 391

Daylight Saving 456

Dealer-Cooperative Advertising by Tire Manu¬
facturers 454

Defense Stamps as Prizes 480

Financial Advertisers Manual 454

Free Time Requests 391-455

American Hotel Association 455

Esperanto Clubs . 391

514- June 6, 1941

Sales — Continued

Page

Rogers and Smith Agency (Schutter Candy

Co.) 455

Golden Glint Pays Full Rate 423

Hotels Include Radio in Cooperative Advertis¬
ing Campaign 480

How to Improve Commercials . 479

Importance of Local Business . 479

International Advertisers Agency 454

Is Radio Advertising Economic? . 479

Max Goldberg Advertising Agency (State of
Colorado) Request for Cut Rate 455

Milliners Blame Radio . 479

Motion Picture Plugs Requested 390

Movies Use International Radio 422

National Defense Bond Campaign 390

Page

Sales — Continued

No Movie Chisel for Cisler 480

Participation Planned at AFA Convention 390

Saturday Time 455

Savings and Loan Reprints Available 455

Station Cooperation 390

Success Stories Needed 391-422

Tested Methods to Make Salesmen Use Helps
More Resultfully 423

Why Advertising is Essential During National
Defense Emergency 480

Sunbrock, Larry 482

USO Radio Committee 393

U. S. Chamber of Commerce Refers Broadcasting
Situation to Its Board of Directors 394

Women Endorse Radio 475

June 6, 1941 — 515

f.

I I

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Dikiis 42^

SPECIAL—

Senate Interstate Commerce Committee Hearings on White Resolution

1626 K STREET, N. W. WASHINGTON, D. C.

JUNE 9, 1941

FCC HITS INDIVIDUAL STATIONS TO REACH NETWORKS

Chairman Fly, of the Federal Communications Com¬
mission, indicated today under questioning before the
Senate Interstate Commerce Committee, that the Com¬
mission does not have the power directly to regulate
network broadcasting but attempts to do so indirectly
by “placing a duty upon the stations.”

One of the contentions of the broadcasting industry
regarding the Commission’s new rules is that the Com¬
mission is using these new rules to reach the networks
by threatening the licenses of individual stations.

Chairman Fly was asked by Senator Johnson, of Colo¬
rado: “You do not deal with the chains directly?”

“Not directly, no sir,” responded Mr. Fly. “I think
there are strong arguments why the networks ought to
be brought within the scope of the Communications Act.”

“I do not mean to say that I think it is correct to have
them excluded from regulations, in view of their great
importance to the public and the great impact of net¬
work broadcasting upon the entire public of the United
States. I do not believe there can be any doubt that there
ought to be very explicit means of regulating these net¬
works in the public interest. That is quite apart from the
construction of the Act at the moment.”

Deals With Networks Through Stations

Senator Johnson asked: “How do you control the
chains — by licenses or permits?”

“By these regulations here, sir,” replied Mr. Fly, “we
govern all licenses of all stations, and there are particu¬
lar provisions relating to stations engaged in chain broad¬
casting. You will note that these regulations control

the station’s relations to the network by means of placing
a duty upon the station.”

In another interchange of questions and answers, Chair¬
man Fly first declared that under the new regulations the
Commission already has the power to force the networks
to carry certain programs, and then amended his answer
to say the Commission cannot force any station to carry
“a particular program,” a contradiction which left his
listeners confused as to just how the Commission inter¬
prets the new rules and how it intends to apply them.

Senator Smith, of South Carolina, had asked Chairman
Fly why the Commission has not the power to force all
networks to carry “important things.”

“I think we have the power,” declared Mr. Fly, “by
applying these regulations,” but he added that the Com¬
mission cannot require a station to “carry a particular
program.”

Effect on Small Stations

Senator Wheeler again indicated that he feared the
new rules might transfer a great deal of business from the
smaller to the larger stations.

Senator Wheeler: “I was going to say that some of
these small stations have been worried for fear all the
good programs would just go to the big stations, and that
under your rules they would simply say: Well, we will
not put it on the little station. For instance, we will say
that NBC has a small station in a certain town, and
Mutual has a big station, or vice versa, and the advertiser
or advertising agency will say: We do not want to take
Mutual, or National, as the case may be, on the small
station, but wish to transfer it to the big station. If

that were permitted it would seem to me you would be
eliminating the small station. . . .

“Take for instance a location in the western country,
and say 1 want to advertise in Denver, or in Salt Lake
City. If I am going to advertise in that area I will want
to get the largest number of listeners possible. Conse-
cjuently it is probable that as an advertiser I would not
want to put my program on the smaller station in Spo¬
kane or in Salt Lake City or in Denver.

“As to the use of stations, if one can just switch them
over I think an adverti.ser would want to go on the big
stations because the big stations get the listeners; and
unless the small station can get good programs you will
be giving the big stations a monopoly.

“I think that is one thing you have to guard against

because certhinly when you are trying to tear down one
monopoly you do not want to be building up another — ■
putting the small stations out of business. That is one
thing you have to guard against.”

Chairman Fly gave several reasons indicating why he
does not believe this will happen, ending with this state¬
ment, “Of course it is not the intention of the Commis¬
sion that the big stations shall take advantage of the
small ones. If that starts to happen we will have to re¬
examine that phase of the subject.”

In completing his testimony today. Chairman Fly said
that the Commission approves of this hearing and stands
ready to produce any further information called for by
the Senate committee.

SPECIAL—

Senate Interstate Commerce Committee Hearings on White Resolution

1626 K STREET, N. W.

WASHINGTON, D. C.

JUNE 10, 1941

FURTHER NEED OF CONGRESSIONAL REVIEW REVEALED
. AT SENATE RADIO HEARING

Necessity for revision by Congress of the law governing
radio broadcasting was indicated by Senator Clark, of
Idaho, at today’s hearing before the Senate Interstate
Commerce Committee on the White resolution calling
for a Senate investigation of the broadcasting industry.
Senator White introduced his resolution following pro¬
mulgation by the FCC on May 2nd of new rules impos¬
ing drastic restrictions upon network broadcasting
operations.

“The only question that is troubling me,” Senator
Clark asserted, “is whether this law is in proper shape.
You see these networks have grown up largely since the
law was enacted. Probably Congress at the time did not
contemplate the e.xact situation in which we are today.
It is 14 years since the law was enacted.”

Doubt as to just what will be the effect of the new
rules was expressed a number of times during the first
few days of the hearing, when FCC Chairman Fly ap¬
peared.

Further evidence of such confusion resulting from
application of the rules was brought out at today’s hear¬
ing during questioning of Louis G. Caldwell, counsel for
the Mutual Broadcasting System, and Fred Weber, Mu¬
tual’s general manager, who took the stand together.

Referring to previous discussions of difficulties which
would confront radio broadcasting if exclusive contracts
and option time are eliminated under the new rules.
Senator Clark said, “You would have a lot of chaos there
unless there is some right to option time.”

Senator Clark said he can see where network broad¬
casters would not have a whole lot to sell an advertiser
if they did not have some right to option time adding
that “you would end up by having your time all messed

up, particularly if other networks could come in and
contract with that station for time, too.”

With stations shifting from network to network under
the new rules. Senator Clark asked if the result would
not be that the Mutual Broadcasting System, which is
supporting the new rules, would get the benefit of placing
programs on stations where facilities and listening audi¬
ence have been built up over a period of years in the
course of affiliation with competing networks.

Senator Clark cited as an example a situation in which
under the new rules Mutual would be able to offer its
program to a station which had become the leading broad¬
casting outlet in its city through a ten-year period of
affiliation with Columbia. When such a program is an¬
nounced as being broadcast for the Mutual Broadcasting
System, he said, “you are getting time on a station that
has really been made valuable by your competitor.”

During his testimony, Mr. Caldwell said that “Mutual
had nothing whatsoever to do with the Commission’s
action initiating the investigation of chain broadcasting.
Neither it nor its stockholders nor its lawyers had made
any complaint to the Commission. We simply responded
when asked to appear and set forth our situation as ac¬
curately and fully as we could.”

Later, he said. Mutual did suggest that the Commis¬
sion adopt a regulation, temporary in character, to serve
somewhat the purpose of a temporary injunction “de¬
signed to preserve the status quo until the court has
made its decision.”

In regard to the World Series baseball games broad¬
cast exclusively by IMutual, and mentioned several times
previously during the hearings as being denied to some
stations having exclusive contracts with other networks.

Senator Gurney asked Mr. Weber if Mutual did not
have “an exclusive contract with the baseball people.’’
i\Ir. Weber said that was true.

"You cannot,” declared Senator Gurney, "stand on one
leg and say the other stations could not get the program,
and then on the other leg have an exclusive contract
with the baseball people.”

At yesterday’s hearing, FCC Chairman Fly said he
understO(jd Station WCAFT in I’hiladelphia had refused
broadcasting time to Charles A. Lindbergh. Today Sen¬
ator Wheeler read the following telegram from Leon
Levy, president of WCAU;

"I wish to call your committee’s attention and to have
also entered into the record the fact that no request was
made of this station to broadcast the speech. request
was made, however, to buy announcements for this meet¬
ing, but a member of the sales division interpreting the
broadcasting code as applying also to such announcements

refused to sell them. When my attention was directed
to this fact, I issued instructions to the WCAC staff
that announcements calling attention to a meeting do
not come under controversial subjects and are therefore
acceptable. A statement was issued to the press about
these announcements and also the fact that no request
was made to broadcast Lindbergh’s speech and if such
request was made it would receive due and careful con¬
sideration and if broadcast would be done without
charge. . . . May I respectfully call your committee’s
attention to the fact that during the same month WCAU
broadcast Lindbergh’s speech on May tenth and also
Senator Wheeler’s speeches on iVIay twenty-third and
i\Iay twenty-eighth.”

Senator Wheeler said, “I am very glad indeed to have
the statement from Mr. Levy and to correct the impres¬
sion which I myself and many others had with reference
to the matter.”

SPECIAL.

Senate Interstate Commerce Committee Hearings on White Resolution

1626 K STREET, N. W.

WASHINGTON, D. C.

JUNE 11, 1941

RADIO LAW REVISION AGAIN SUGGESTED AT HEARING

Need for amendment of the law under which the radio
broadcasting industry operates was again expressed at
today’s hearing before the Senate Interstate Commerce
Committee on the White resolution asking a study of the
industry by Congress.

Yesterday Senator Clark, of Idaho, expressed doubt as
to whether “this law is in proper shape,” pointing out
that “it is 14 years since this law was enacted,” and that
the radio networks have grown up since then.

Today, Senator White, of Maine, who introduced his
resolution after the FCC issued new rules which would
drastically affect network broadcasting, said, “I think
there may be a vast difference between what the law
is and what the law ought to be. I am not sure but what
that is the difficulty which is confronting all of us at this
time.

“I have thought the appropriate time for me to dis¬
cuss that matter was when we meet in executive session.
I want to discuss that matter and give the committee
my views on what the law now is; but I have not felt that
I wanted to make my observations a part of the testimony
in the case because I do not like to be in the dual position
of acting as a member of the committee and also as a
witness in behalf of my own resolution.”

FCC Jurisdiction Not Settled Question

At today’s hearing Louis G. Caldwell, attorney for the
Mutual Broadcasting System, and Fred Weber, general
manager of Mutual, continued their testimony.

.Asked by Senator Wheeler for his opinion on the dis¬
puted question of the jurisdiction of the FCC in promul¬
gating the new rules, Mr. Caldwell, who was the first
general counsel of the old Federal Radio Commission,

summed up his opinion by saying, “I think there is fair
legal authority, although not as precise as you might
want right now, to the effect that the Commission does
have this jurisdiction. I can’t say that it is a settled
question.”

In a discussion of whether under the present legisla¬
tion the principle of free competition in radio is accepted.
Senator White said he does not think that is the fact at all.

“Ever3/one recognizes, I think,” said Senator White,
“that we cannot have free competition under this Act
because of definite technical and physical limitations
upon it. At the most, all we do is approach that, but we
approach it within the limits of the legislation and within
the limits of physical facts.”

In the matter of control over programs, Mr. Caldwell
said, “There are others who do not agree with me, but
the Commission, in my estimation, has, with the help of
Congress, gone a little further than it should have into
that field of control.”

Wants Stations To Be Free

Speaking of the freedom of stations, which he said was
an object the Committee members should keep in mind.
Senator Wheeler declared that he wants the stations to be
free from all “domination” including that by the Com¬
mission.

“In other words,” Senator Wheeler continued, “I do
not like the idea of the Commission simply saying to a
radio station, ‘You should not put on this program, be¬
cause it does not represent the views of the Administra¬
tion — ’ whichever administration it might be.

“I do not like the idea of the Commission’s holding a
club over some station if the station happens to be

owned by one who is unfavorable to the administration
that might be in power at that particular time. 1 think
there has been entirely too much of that in the past.

“As a matter of fact, the Commission for a long time
was dominated as a political commission. That was true
in the Republican administration, and it has been true,
to some extent, in the Democratic administration.”

In a discussion of a suggestion previously made as to
whether the Commission has the right to alter the
power of stations in any city when granting licenses, Mr.

Caldwell referred to Louisville, Kentucky, where he said
there is a 50-kilowatt clear channel station, a 5-kilowatt
regional station and two 2 50- watt local stations.

In a jocular aside, Senator Wheeler suggested that
perhaps the 50-kilowatt clear channel station might be
taken away from the Louisville Courier Journal and
given to Mutual, whose present affiliate is one of the
250-watt stations.

In the same spirit, Mr. Caldwell responded, “I was
going to say take the 5-kilow’att station first.”

SPECIAL—

Senate Interstate Commerce Committee Hearings on White Resolution

1626 K STREET, N. W.

WASHINGTON, D. C.

JUNE 12, 1941

COMMISSIONERS HIT FCC RULES AT SENATE HEARING

Two members of the Federal Communications Com¬
mission told the Senate Committee on Interstate Com¬
merce today they believe that the Commission has usurped
power not vested in it by Congress in issuing its new
rules affecting radio broadcasting.

The FCC proposals, they said, are more likely in their
effects to be “destructive rather than constructively
remedial.”

These views were expressed in a joint statement by
Commissioners Norman S. Case and T. A. M. Craven,
which the latter presented at hearings on the resolution
introduced by Senator White, of Maine, proposing that
the Senate conduct a study of the Commission’s action
and a general investigation of radio broadcasting.

.•\mong other developments at today’s hearing were;

Refusal by Fred Weber, general manager of the Mutual
Broadcasting System, which is supporting the FCC’s
position, to answer yes or no when asked by Senator
White if it is not true that “the great majority of broad¬
casting stations in the United States are today fearful
of these regulations and are substantial!}^ opposed to
them.”

Senator White’s statement that the “Commission has
put the cart before the horse in this matter by first de¬
termining whether a fellow is guilty of monopoly or not
and then going on to determine whether what he is doing
is in the public interest or not.”

Craven States Issues

In opening his testimony today, Commissioner Craven
said that the real issues between the Commission ma-
joritv and minority are first, whether the majority has
usurped power, and second, whether the majority would

not in fact create a monopoly in broadcasting “more
devastating in its effect upon the public than that which
is alleged to exist today.”

Air. Craven said the Commission minority believes,
that by its action in promulgating the new rules the
Commission “asserted power not vested in this agency
by Congress.”

Senator Tobey, of New Hampshire, asked Commis¬
sioner Craven, “As among the three large concerns now,
is there comity or unity or a gentlemen’s agreement that
sets up a monopoly between any two of them?”

“Not in my opinion,” Mr. Craven replied.

“Then,” continued Senator 1’obey, “there are three
free individual networks, all operating separately?”

“That is my understanding, sir,” responded Commis¬
sioner Craven.

Unfortunate Consequences Feared

He and Commissioner Case believe. Air. Craven stated,
that “the solution of the problem now confronting the
Commission requires a balanced and dispassionate con¬
sideration of the many factors which contribute to broad¬
cast service in the public interest.

“We feel that a limited approach or conclusions based
on overemphasis of one phase of the problem will result
in unsound administration and unfortunate consequences
to the radio service to which the public is entitled. It
is with extreme regret that we conclude the majority has
taken this limited approach.”

Speaking of the licensing power which the FCC already
has over broadcasting. Commissioner Craven said, “In
itself, the power to punish licensees by refusing to renew
licenses constitutes a vast control,” adding that “if this

licensing power is augmented with jurisdiction to deter¬
mine guilt of violation of any law of the land under the
guise that such violations constitute acts against public
interest, there is concentrated in the Commission undue
power.”

Commissioner Craven said he believes that the FCC
should have made its recommendations to Congress in¬
stead of putting the new rules into effect.

Pointing out that by its new regulations the Com¬
mission proposes to interfere with the “business practices”

of the broadcasting stations, Commissioner Craven said
that the Supreme Court recently held in the Sanders case
that the Commission is prohibited from doing that.

As at yesterday’s hearing. Senator White again today
came out strongly for enactment of new legislation gov¬
erning radio broadcasting.

“I should like to see,” Senator White asserted, “legis¬
lation declaring in specific terms the powers of the Com¬
mission with respect to what they may do in the regula¬
tion of chain broadcasting.”

SPECIAL—

Senate Interstate Commerce Committee Hearings on White Resolution

1626 K STREET, N. W.

WASHINGTON, D. C.

JUNE 13, 1941

FCC RULES WOULD HARM SMALL STATION, SENATORS TOLD

Small stations would be hard hit by the new FCC rules,
Commissioner T. A. M. Craven and Mark Ethridge,
vice-president and general manager of the Louisville
Courier-Journal and Times, told the Senate Committee
on Interstate Commerce at today’s hearing on the White
resolution asking a Senate investigation of the radio
broadcasting industry. Both witnesses and several Sena¬
tors urged a revision of the Federal Communications Act.

Commissioner Craven and Mr. Ethridge were the only
witnesses at today’s hearing. Both asked for new legis¬
lation to clear up the confusion resulting from the Com¬
mission’s action which, the industry contends, hits at sta¬
tions in an attempt to reach chain broadcasting.

Senators White, of Maine, author of the resolution,
and Clark, of Idaho, likewise declared new legislation is
needed. They said they favor holding the rules in abey¬
ance until the legislation is enacted. Senator Wheeler,
of Montana, Chairman of the Committee, agreed that
the Act should be revised but said that Congressional
action might take two or three sessions, and opposed hold¬
ing up the rules, adding that there is a great divergence
of opinion in Congress as to what the new law should be.

Says Rules Change Radio Pattern

“What is involved here,” Commissioner Craven stated,
“is a fundamental change in the pattern of American
broadcasting. In effect it amounts to new legislation.”
He added that he believed the Communications Act of
1934 “should be reappraised by the Congress, rather than
have the Commission institute a radical change in the
pattern.”

Air. Ethridge said: “Here is an industry saying we want
a new law and are willing to take our chances with Con¬
gress. We believe that the public interest demands such
study be made.”

Referring to the assertion of FCC Chairman Fly, during
his testimony at the start of the hearings, that the Com¬
mission’s action in issuing the new rules started in Con¬
gress, Air. Ethridge asserted, “That's why we’re here.

with the industry as the aggressor and the FCC as
defendant. To say we have no right to come to Congress
is to say we have no right of petition.”

Law Written 14 Years Ago

The radio law, Mr. Ethridge added, was written 14
years ago, “when neither you nor we nor anybody else
knew very much about broadcasting.”

Senator Clark observed, “It occurs to me that since
we shall have a lot of time free this summer, we might
have a subcommittee go to work on a bill, rather than a
resolution, looking toward a revision of the law, and yet
not unduly hold up the regulations of the Commission
as issued. In that way something might be accom¬
plished.”

Commenting on Senator Clark’s suggestion. Senator
White said, “I have been working on a tentative draft
of legislation which I think will cure some of the serious
defects in the law as it now stands. I have definitely in
mind some things that ought to be dealt with that are
in addition to anything I now have in the drafts to which
I have referred.

“The situation which now exists has been growing up
over the years, and it took the Commission all of three
years to make up its mind — the majority of the Commis¬
sion, I should say — which course to pursue in dealing
with the thing.

“I felt it was proper and highly desirable that we ask
the Commission just to hold up on the execution of its
regulations until the Committee had a chance to study
and possibly until the Committee had a chance to formu¬
late legislation.

“I still believe that if the effective date of these regu¬
lations could be postponed a reasonable time, only a
part of the time which it took the Commission to bring
them forth, legislation could be presented which would
form, at least, a basis for Committee consideration.”

He suggested that Senator Clark ask Senator Wheeler

to say to the Commission, “We want to study this thing.
We want to undertake some changes in the radio law.
It took you three years to evolve these regulations. No
public calamity will follow if you just hold up for a
little while.”

Later in the hearing, when Mr. Ethridge was testifying,
Senator Wheeler stated, “I am not going to disagree
with you as to the need for new legislation.” But, he
added, such legislation might require a long time and he
thought the rules ought not to be held up.

Effect on Small Stations

Both Commissioner Craven and Mr. Ethridge pointed
out that the new rules will harm the smaller stations.

One effect of the new rules. Commissioner Craven said,
“is that the small stations will not be benefited and that
the bulk of the business will gravitate toward the larger
stations in each community.

“This will result in monopoly and will help the rich to
get richer and the poor to get poorer.”

Mr. Ethridge elaborated on this point by referring to
the situation in Louisville, where his newspaper owns the
largest of four stations in the city. With stations shifting
from network to network under the new rules, he pointed
out, it would be possible for this station to carry the
most popular programs on all networks.

In spite of this, he said, he opposed the rules, which
“were no answer to the plight of the small station.”

Referring to the Mutual Broadcasting System, which is
supporting the rules, he said they would benefit the owners
of Mutual but would “gut” the small stations.

Says Commission Confused

During previous hearings, the point has often been
made that there is much confusion over just what the
rules mean and what their effect will be. The Commis¬
sion itself, according to Commissioner Craven’s testimony
today, is as confused as is the industry. “I will wager
that the majority itself does not know what the rules
mean,” he said.

He went on to say that “it is no exaggeration to pre¬
dict that the decision of the majority, instead of resulting
in free competition, would more likely create anarchy,
or a kind of business chaos in which the service to the
public would suffer.

“Not only will the application of the rules increase the
inequalities between the small and large broadcasting
stations, but the revolutionary change proposed by the
majority will result in the destruction of the present
excellent national program distribution system and the
substitution of some new kind of system, the effects of
which the majority does not adequately visualize.”

This was admitted in the original draft of what is now

the majority report of the Commission, Commissioner
Craven testified. This draft, he said, in reference to
contract provisions, contained this statement:

“We cannot now determine the competitive effect
of such contractual provision; or how they will work
out in actual practice. They will have to be exam¬
ined later in the light of all developments in the field
of network broadcasting.”

This statement. Commissioner Craven brought out, was
eliminated in the final draft of the report.

While, under the new rules, stations may still make
affiliation contracts, and networks and advertisers may
contract for outlets, Mr. Craven said he and Mr. Case be¬
lieve “this can be done only for individual programs and
for blocks of time.”

He pointed out that “this is a 'piecemeal’ basis, and
affords no continuity of stability to the industry.”

“Fraught With Peril”

It is axiomatic, he said, that “unlimited availability of
the few existing radio facilities and efficient national pro¬
gram distribution cannot both be attained at the same
time.

“There is no open market condition in the business of
broadcasting as in other businesses. Nature has deter¬
mined that. To attempt to circumvent these basic eco¬
nomic laws is fraught with peril to an industry which has
hitherto achieved a marked degree of success.

“Regulation in disregard of economic laws may foster
a situation in which competition among competently
managed networks would be replaced by an unwholesome
conglomeration of local monopolies in the various towns
and cities of the nation.”

With regard to the question of the power of the Com¬
mission, Mr. Craven stated: “A Commissioner is con¬
stantly confronted with the charge of either failing to do
his duty under the term ‘public interest, convenience and
necessity,’ or of exceeding his authority. So my plea
to you is to clarify this law, to the end that the powers of
the Commission may be clearly defined, and that the
responsibilities of the industry may be clearly defined.
I think when and if you do that you will end a great
many things which I think are wrong. You will end
a great deal of trouble on the Commission.”

Mr. Ethridge said that FCC Chairman Fly had built
up a “big, bad wattage” theory during his testimony.
He pointed out that wattage does not determine a sta¬
tion’s audience; that in Louisville a survey he had made
showed that the other three stations, with only a little
more than a fourth of his station’s wattage, had almost
half the total number of listeners in the city. The “wat¬
tage” theory, he said, was a “straw man built up in
boogie-woogie style,” referring to claims made by Mr. Fly
that NBC and CBS had most of the night-time power.

1626 K STREET, N. W.

WASHINGTON, D. C.

Vol. 9, No. 23, June 13, 1941

White Hearing

Following are some sections from the transcript of the Senate
Interstate Commerce Committee’s hearing on the White Resolution
(NAB Reports, p. 437) which may prove interesting to broad¬
casters who have been unable to attend. The Chairman is Senator
Wheeler, committee chairman.

STRONG ARGUMENTS FOR AMENDMENT

Senator Johnson of Colorado. How do you control the
chains — by licenses or permits ?

Mr. Fly. By these regulations here, sir, we govern all licenses
of all stations, and there are particular provisions relating to
stations engaged in chain broadcasting. You will note that these
regulations control the station’s relations to the network by means
of placing a duty upon the station.

Senator Johnson of Colorado. That is an indirect control;
it is not a direct control, is it?

Mr. Fly. I would say it is the sort of impact that frequently
occurs where clearly on one end of the contract it is wholly
illegal. Then, of course, the contract may fall.

Senator Johnson of Colorado. But you do not deal with the
chain directly?

Mr. Fly. Not directly ; no, sir. I think there are strong argu¬
ments why the networks ought to be brought within the scope
of the Communications Act. I do not mean to say that I think
it is correct to have them excluded from regulation, in view of their
great importance to the public and the great impact of network
broadcasting upon the entire public of the United States. I do
not believe there can be any doubt that there ought to be very
explicit means of regulating these networks in the public interest.
That is quite apart from the construction of the Act at the moment.

The Chairman. Why should not the Commission have the
right to regulate chain broadcasting?

Mr. Fly. I think it should. I do not think there can be any
logical argument against it.

The Chairman. I do not think there is any question about
it at all. I think it has reached the point where we have got to
have regulation of chain broadcasting.

Senator Johnson of Colorado. In your opinion, how many
chains should there be in order to serve the United States? The
channels are very limited now in any given city. Perhaps four
or five stations would describe the average city. How many
chains should there be?

Mr. Fly. Of course that is not a job that I have undertaken
or a right that I have of saying who shall go into the network
business or how many there must be. It is my guess, sir, that

in the course of a year or so you will have a fifth network. That
is wholl.v a conjecture. I think that the broadcasting structure
at this time can support, and support in a healthy and profitable
condition, five networks.

Senator Johnson of Colorado. That is counting separately
the Blue network and the Red network, counting them as two
networks ?

Mr. Fly. Yes, sir. But you have already the limitation here
which limits the number that can come in, so long as there must
be a search for a good station in a city. We are up against that
now, very much as the railroads were up against the problem of
getting into St. Louis where there were limited terminal facilities
that were available or possible. I do not think there can be a
great number of networks. I think that ultimately there might
be six networks.

Of course, Senator, I think we ought to bear in mind, in viewing
this whole problem, that frequency modulation, which is an im¬
proved form of radio broadcasting, has already come into com¬
mercial operation. That is going to move out and will give us to
a substantial degree a more diversified and improved radio service.

Senator Johnson of Colorado. That will be a chain in itself,
will it not?

iMr. Fly. I think the chains will develop there. There is one
now that is in the making. I think considerable progress is being
made. That is something that is cooperative in nature. I think
that is the present plan. And television, of course, will sweep
across a broad field in the course of a few years.

EFFECT ON REMOTE STATIONS

Senator Gurney. How would you handle a situation like
this? Take a program in North Dakota — Fargo or Bismarck —
that came on the wire from the Twin Cities. Both of them are
on the N. B. C., as I understand it, speaking of Fargo and Bis¬
marck. Suppose they did not have exclusive contracts and that
the Fargo and Bismarck stations were left free to take a program
from any network they wanted to. Suppose the Bismarck and
Fargo stations did not decide to take the same program. One
wanted to take Columbia, and another Mutual. Then, Fargo
would have to pay — I am assuming it had the same hour —
would have to pay the line charge from the Twin Cities to Fargo,
and Bismarck would also have to pay the line charge from Bis¬
marck to the Twin Cities. On a financial basis it would not be
economical for the Bismarck station to get that program. Now
it is possible, because they are on the same chain but split the
wire charge and, therefore, can have the same program. How
would ymu handle that situation?

Mr. Caldwell. Of course it does present considerable diffi¬
culty, but it seems to me in a situation like that, where you have
great distances involved and heavy wire-line expense, we are
going to get an improved situation eventually through the net¬
works, either directly or indirectly, in the matter of dividing the
expense for those wire lines. You understand that all advertisers

(Continued on page 518)

June 13, 1941 — 517

Senator McFarland. Why ?

Neville Miller, President C. E. Arney, Jr., Ass/stanf to President

Edward M. Kirby, Director of Public Relations ; Joseph L. Miller.
Director of Labor Relations ; Frank E. Pellegrin, Director of
Broadcast Advertising ; Paul F. Peter. Director of Research :
Russell P. Place, Counsel; Lynne C. Smeby, Director of Engineering

WHITE HEARING
(Continued from page 517)

may not want to take, for instance, Fargo, and yet there will
be some advertisers on each network that do wish to take Fargo.

Tlie Cliairinan. May want to take one program and not take
another.

Mr. (aldwell. Yes.

Senator (Inrney. And one advertiser may not want to take
Bismarck.

Mr. Caldwell. Oh, yes. You can now always find a differ¬
ence between stations.

Senator (Jnrney. And the windup of the situation will be
that Bismarck will not get some program.

Mr. Caldwell. I would think not. I think the two stations
together would get selections from all of the networks. Some
arrangement will have to be made to share the expense of the
wire lines. All the stations are anxious to get network commercial
programs.

Senator (Jiirney. I take it some suitable arrangement will
have to be worked out. These stations represent a long wire
line and someone must pay the charge. Bismarck cannot pay
that long line charge now.

Mr. Caldwell. I cannot imagine any serious difficulty about
working that matter out satisfactorily. I think you have to
consider that situation in the matter of both the attractiveness of
programs and the compensation to be derived therefrom. There
is not likely to be any great trouble, I think, in that matter.

Senator Gurney. And if the network has to pay for it, even
though an affiliate might want to carry the program, the network
will not bear that long line charge?

Mr. (’aldwell. In the long run it has to come out of the ad¬
vertiser. This opens the road for more commercial programs to
go into Bismarck and into Fargo, by reason of three networks.

Senalor Gurney. I take it your answer would mean that you
would raise the ante on the advertiser so that programs would get
around the country?

.Mr. Caldwell. Well, I do not know how that could happen.
Still, you have only one wire to those two cities when you get
through.

WORLD SERIES

Senator MeF'arland. What is your explanation of why the
people of Arizona were denied the privilege of hearing the World
Series baseball game broadcast ?

Mr. M’ehiter. We could produce a tremendous sheaf of corre¬
spondence and requests and pleas from stations in that territory,
and they just would not carry the program.

518- June 13, 1941

Mr. M'ebber. Because of contract restrictions, from all the
information we have available ; because of other network
contracts.

Senator Gurney. Those stations could not take the program
because the National Broadcasting Company and Columbia had
exclusive contracts. Was not that it?

Mr. Weblter. I know of no other reason.

Senator Gurney. I know of one other reason. Mutual had
an exclusive contract with the baseball people and they could not
get it.

IMr. Webber. Who could not get it?

Senator Gurney. The National Broadcasting Company and
Columbia.

Mr. Webber. You mean, the rights to the World Series broad¬
cast ?

Senator Gurney. That is right,

Mr. Webber. It has been customary practice to buy rights
for sporting events on the part of the networks. The National
Broadcasting Company has had exclusive rights for prize fights -

Senator Gurney (interposing). You cannot stand on one leg
and say the other stations could not get the program, and then
on the other leg have an exclusive contract with the baseball
people.

MUTUAL LAWYER WANTS AMENDMENT

Senator ('lark of Idaho. May I ask whether or not you think
the law itself ought to be gone into, in view of later developments
and the coming in of television shortly? Is the industry generally
fairly well satisfied with the existing statutes?

.Air. ('aldwell. I do not want to try to answer for the in¬
dustry. There are some other people here who are going to
IHirportedly speak for them I can only give you my personal
views and those of others that I know of

With specific reference to television, I see no necessity for re¬
vision of the law. The Commission has had very extensive hear¬
ings on that subject, in which I have participated personally.
The result arrived at may have been arrived at slowly ; I do not
know. But the result, so far as I know, is not the subject of
ver>’ great complaint, I think the rules in general are sound,
and I know there is no basis for investigation. I suppose your
question was more general than that, however.

Senator (’lark of Idaho. I was not referring specifically to
the White resolution w'hich is pending, which is a sort of hybrid
thing, anyway. It may be a very good thing, but it is a little
“betwixt and between.” I was thinking of a general investigation
if there is some dissatisfaction with the law itself, in view of the
developm.ents that have taken place in the industry since the
law was enacted. Is the law, in your judgment, adequate — that
is, the existing statute — to cover the smooth and efficient operation
of the whole industry?

Mr. (’aldwell. Yes. subject to the qualification that there are
particular defects that 1 think you ma\’ want to cover by amend¬
ment. There is no substantial defect in this .Act. It is susceptible
of application and enforcement, I think, in a thoroughly just
and satisfactory wa>'.

Senator Clark of Idaho. You mentioned, though, uncertainty
in the Commission’s regulations. Some of the literature that
I have read and also some conversations I have had would in¬
dicate that the law was so broad that it has caused confusion;
that perhaps the law itself could be amended in such a way as
to write salutary regulations into the statute itself, so that the

(Continued on page 520)

IS RADIO LIKE TOPSY? DID IT “JUST GROW”?

utUtk it aid — &>u)-adca4ten4, h*ixua it didn't,

'^THE ABC OF RADIO"

(Second Edition)

TELLS RADIO'S STORY

We sent you a copy earlier this week. We have a plan
to assist you and your fellow broadcasters in placing large
quantities of this valuable book in the hands of your listen¬
ers. Now is the time to act. Write us. We will cooperate
with you in every way.

NATIONAL ASSOCIATION OF BROADCASTERS

1626 K STREET, N. W. WASHINGTON, D. C.

June 13, 1941 — 519

WHITE HEARING
(Continued from page 518)

industry, if I may use that term, and include you therein, would
have a stable basis of not only present operation but future
operation. I do not know whether I make myself clear or not.

Mr. (’aldvvell. I think so. I cannot answer it in a word. I
can give you the type of defect that I see in the present law
and you can see what I am talking about.

There are two avenues of appeal under the Act: one, certain
types or classes of cases that go to the Court of Appeals of the
District of Columbia; every other order of the Commission follows
the same route that the Interstate Commerce Commission happens
to follow, going to the courts around the country. Due partly
to court construction, I think, just as much that as through any
fault of the law, there are two types of orders that I think
ought to go to the Court of Appeals, and yet they go to the
courts in the rest of the country. I am referring particularly
to orders on assignments and attempts to sell licenses. There is
one; and then there is another type of order under Section 325 (b)
and (c) that has to do with exporting programs. The defect is
quite serious.

Senator Claris of Idaho. There might be some procedural
defects, but no substantial defects; it that it?

Mr. Caldwell. There is a defect that I think is rather im¬
portant. There is a case which is still pending in the Court of
.\ppeals, and under decisions so far rendered you cannot get a
stay order in that case to protect you during the pendency of
the appeal. We thought the law was otherwise until last year,
and that question is still pending before the full court.

Senator Clark of Idaho. That is pretty important, is it not?

Mr. Caldwell. It is very important, and until last year we
had had that right granted by that court, and it was regularly
exercised. To my mind, that ought to be remedied.

NEWS COMMENTATORS

The Chairman. Of course I do think this, in fairness to radio,
that it must be said that it has very materially assisted in bring¬
ing about more freedom of discussion and freedom of speech in
the country than we had before the radio came into being. For
instance, we had the newspapers of the country to quite an extent
dominated in many places by the same concerns, and when radio
came in, with the provision that both sides should be heard, it
made the newspapers of the country, in many instances, give
more prominence to views that they perhaps did not agree with,
because they knew they could be heard and were being heard
over the radio,

Mr. Caldwell. I think that is true, and I think the industry
should be given credit, although it may have made a few slips
here and there, for its developing the principle of being fair to
both sides of a case. That did not come from the Government ;
it sprang up from the industry itself.

The Chairman. I think that is true, and I think that the
radio industry as a whole has done a good job. I think we can
undoubtedly criticize it for some things and we can undoubtedly
try to better it, but I should hate to be one to condemn it and
say that it had not done a good job, because certainly the news¬
papers of the country have not alw'ays published both sides of a
question, and many of the newspapers at the present time do not
publish both sides of a controversy. They only give their own
viewpoint or the viewpoint of their editors, and they do many
times color their news stories much more than has been done by
the radio industry.

Senator Clark of Idaho. Do you think that the Federal Com¬
munications Commission has the power to compel cither the net¬
works or the individual stations or somebody to see to it that
when a speaker is advertised as a news commentator he restrict

520 — June 13, 1941

himself to the news and not to editorial opinion? To amplify
that a little, 75 per cent of the news reports advertised as news
reports in the prepared programs published in the papers are
nothing more than editorial opinions. There is possibly a per¬
fectly legitimate field for editorial opinion on the radio, exactly
as there is in the press. But is there any way that you know of
by which the Commission could compel a station or a network,
when it advertises that a news reporter will come on at a cer¬
tain time, to confine that program to news and not to editorial
opinion ? — because people think they are getting news and actually
they are getting colored news in regard to issues that confront
the country today.

Mr. Caldwell. Senator, I agree with your feeling about the
individuals you are talking about, and I do think that in many
things they are doing they are reprehensible. I do not think
that the Commission has that power, although it has come close
to exercising an analogous power in the past. But I do not think
the Commission ought to have that power. Once you get over
that line, you have censorship. The sort of power that the Com¬
mission has exercised in the past has been backwards. When a
station comes up for renewal of license the Commission says,
“We are entitled to take into consideration the programs during
this preceding license period.” It has no standards, of course,
to judge by. It just throws a whole hodge-podge into evidence
and then comes to its conclusion that the programs are or are
not in the public interest.

I do not say it is doing that now, because there has been a
vast improvement; but that has happened in the past, and some
men, a few years ago, were thrown off the air, and I am not
sure that those men were wholly wrong. I happen to be fairly
familiar with the records. I think that once you give a govern¬
ment agency the power, either backwards or forwards, to control
what is said, you have a dangerous experiment in government
tyranny. I think that you should rely instead on competition, so
that if NBC’s commentaries get too one-sided, Columbia’s will
be the other way or Mutual’s will be the other way, and vice
versa. That is your answer.

Senator Clark of Idaho. I do not object at all if the an¬
nouncement is made that this man is expressing his views, or some¬
thing of that kind, but I do object to putting on editorial commen¬
tators as news reporters. There is a place for both; and I think
everyone will agree with me that the proper practice is not being
followed today by the stations and by the networks. They adver¬
tise, “Edwin C. Hill — News.” And I am not criticising him; he
may be all right. In addition to that, you get editorial talks, and
I do not think it is fair to the public. Unless the Commission does
something about those things you are going to find that you will
have some kind of legislation at some time to compel it to be done.

Mr. Caldwell. I hope not. I think it gets pretty close to
censorship. The suggestion was made the other day that maybe
we should have licensing of networks, I should be very much op¬
posed to that. I hope the Commission has ample power to take
care of the situation under the present laws. But if you look at
the essence of our networks, they are agencies of program produc¬
tion and sales. But if you are going to have direct government
licensing of networks you tre going to have licensing of program
production ; and I am afraid of the power that wilt be given to the
Government if you do that.

The Chairinaii. The Commission could at the present time,
it seems to me, correct this evil that Senator Clark speaks of by
asking the station, when the case comes up for renewal of license,
to bring in the script that John Smith had and see whether or not
that was propagandizing for one side, and say to the manager of
the station, “If you are going to have propaganda for one side you
ought to put on an equal amount on the other side. In other words,
if you are going to have a commentator on the air who expresses
one view, then you have got to have a commentator on the air
to give the other side of the picture.”

Mr. Caldwell. That principle, I think, is the answer, if they
are fair to both sides and do not penalize anyone for being on one

side or the other, as long as that balance is preserved. But I do not
like to see the Commission get into that field any more than is
necessary. It seems to me now to be refraining from too much
interference with programs.

Senator Clark of Idaho. I want to clear my position a little
bit there. There are several commentators on each of the systems
today w'ho purport to give news and do give it in a colorful fashion.
They are, in my judgment, a minority, but there are several on all
of the chains. It is these other fellows that I complain about.

WILL AGENCIES “GO NETWORK”?

The Chairman. The idea has been expressed to me that if,
for instance, some large advertising agency in the city of New York
had advertising contracts for General Foods, General Motors, or
some others of the larger companies, such as the Ford Motor Com¬
pany, five or six of those companies, would it not be in a position
to have the say?

Mr. Weber. It w'ould not, unless each combination of adver¬
tisers was prepared to follow a network broadcasting system, be¬
cause just the supplying of commercial programs will not supply
a full service. Under these rules and regulations each station is
left free to take the programs that it wants to take. There is no
requirement on them. If any system is developed which destroys
network broadcasting to its affiliated stations they are not going to
participate in developing anything that would destroy the con¬
tinuous flow of sustaining and commercial programs to them.

The Chainiian. Supposing the advertising agency went to
various stations in the country and said, “Here is the Ford hour;
here is the General Motors hour and here are the better programs
that come from these big concerns. We w'ill furnish you six or
eight or ten programs.” Every station would like to get those pro¬
grams from the standpoint of making money, and in addition to
that they would like to have them probably because of the fact
that they are good programs.

jNIr. Weber. That would not be adequate. They would have
to have engineering facilities; they w'ould have to have studio facili¬
ties, promotion organizers, publicity departments. They themselves
w’ould have to go into the function of network broadcasting. They
could not just simply buy a few programs. The station would have
to perform the function of network broadcasting and, in addition,
they W’ould have to assure the costs of w’ire lines at .$8 a mile to
reach across the country on a permanent basis; and once you in¬
stall permanent lines it is an additional service that has to be sup¬
plied in addition to good commercial programs. You have got to
give sustaining service; you have got to give the whole set-up,
promotion, merchandising, studios, engineering, announcers, and
everything else. You could not just buy some time.

Senator Clark of Idaho. How are these wire line charges
arrived at ? By agreement between the networks and the telephone
company ?

Mr. Weber. No ; there is a tariff established and filed with
the Commission, established by the A. T. & T.

Senator Clark of Idaho. That tariff is established by the
Federal Communications Commission?

Mr. Weber. Yes, sfi.

Senator Clark of Idaho. When w’ere the line charges estab¬
lished ?

Mr. Weber. There have been, to my knowledge, in 15 years
of broadcasting, modifications of the charges. Initially they
used to charge for lines on the basis of railroad routing, and
then later they changed to a system of air mile charges, and now
you pay so much per mile per month, $8 per mile per month,
on an air line basis, and in addition you pay for connections and
loops in each community.

Senator Clark of Idaho. Was the broadcasting industry repre¬
sented w'hen those line charges w’ere fixed?

Senator White. I suppose, under the general provisions of
the law', they would make up their schedules themselves in the
first instance, and they would be the legal charges unless altered
by the Commission.

Senator Clark of Idaho. I have no knowledge of the fairness
of them at all, but I do know that it appears to be difficult to
get adequate service, by virtue of these high line charges, into
the more sparsely settled areas, and I w'as wondering if that
situation would bear looking into, .-^re the companies satisfied
with the line charges?

Mr. Weber. We certainly would like lower line charges if it
were possible to obtain them.

Senator Clark of Idaho. Of course you w'ould, but have you
conducted any independent study of them w'hich would lead you
to the belief that they might be out of line ?

Mr. Weber. There has been discussion of a study. It is quite
a difficult thing to determine, because the Telephone Company
is in the position of stating that facilities are not available, or
they have to take circuits out of telephone service to supply
broadcasting. Generally with regard to the costs of lines there
has been some reduction. One of the principal problems in costs
of our lines was the so-called connections and loops at the stations.
You have to buy them on a monthly basis, even if you use them
for an hour, to connect to a permanent line. That is the thing
that W’ould act to really restrict any development of one com¬
pany or one agency buying a certain number of hours, because
you have to pay a monthly service to connect the station. Once
you pay for a monthly service it is a pretty excessive cost.

The Chairman. Like Senator Clark, I have had complaints
made to me. 1 have not given them any study, but w'hy do
they charge ;f;8 per mile?

Mr. Weber. The mileage charge is IfS per mile per month, and
they charge $175 a month for a connection to the station.

The Chairman. That might be perfectly all right with the
bigger stations in congested areas, but certainly when you get
out into the rural areas where they do not get as much adver¬
tising, where they do not get as much of a charge for their
advertising, it does work a hardship on many of the rural
communities.

Mr. Weber. We have argued that. 1 have argued that myself,
personally, and the explanation is that the cost is so great to
get out into the sparse locations, that that is why the charge can
be lower in the larger cities, and they divide it up over the
country. That is the position they have taken in regard to the
charges, that it would be higher in the smaller communities if
they did not average it up.

The Chairman. I think it is something that the Commission
ought to go into with reference to the rural areas particularly,
to see what can be done so that programs can get in there and so
that the smaller stations can operate more efficiently.

Sales

Please direct this section to the attention of your sales manager.

Selling Points for Saturday

Jack Laemmar, radio time buyer for Lord & Thomas advertising
agency in Chicago, recommends Saturday time for radio advertising
in a letter to the NAB Department of Broadcast Advertising. He
writes;

“In trying to get the advertising message to the consumer as close
to the time of purchase as possible, it would seem that Saturday
would be the most logical day. In every type of retail outlet, from

June 13, 1941 — 521

department stores to drug stores, Saturday ranks the highest. For
example, Saturday accounts for 40% oj the grocery and meat store
sales ol the week.

"Figures for other types of radio stories are given in a study
compiled by the National Retail Grocers’ Association. Based on a
study of fifty-one Cincinnati grocers, 69% of Saturday sales are
made after 12 Noon. This, in conjunction with the fact that 407c
of the week’s sales come on Saturday, should surely make Saturday
morning an attractive time for an advertiser to broadcast his
message.

"With regard to payroll, the F'ederal Reserve Bank of New York
in reporting wages and salaries paid in cash, shows that 60% oj
the total week’s payroll comes on Friday and Saturda>’; 40% comes
on F’riday, but the payment of this is generally made at the close
of the day, which is too late to shop; therefore, there is a carry¬
over until Saturday.

"With regard to the rarlio set availability, some interesting figures
are available in a joint NBC-CBS study of the use of radio sets,
which was compiled by Crosley, Inc. The sample is somewhat
small, but it gives a good idea as to the sets available by times of
the day. While no definition of the word 'available' is given in this
study, I am sure that it is the generally accepted standard of ‘some¬
one at home and awake in a radio home.’ One of the most inter¬
esting findings is that the availability of radio sets on Saturday

morning is greater than on Sunday evening at the time when Jack
Benny and Charlie McCarthy are on the air, and runs very close to
the radio set availability on a Monday through F'riday average.

“In 1938, C. E. Hooper conducted a survey in 16 cities on a

Saturday to determine the availability of radio sets by half-hour

periods, and there was actually a greater availability on Saturdax'
morning than at the same time on week days. This does not agree
exact!) with the material found in the NBC-CBS joint study on the
use of radio sets, but I believe the important factor is that in all
cases Saturday ranks as high as it does. Whether or not it is equal
to, or slightly above Monday through Friday, is really of minor
consequence at the moment.

"In October 19,18, 'Advertising S: Selling’ magazine carried an
article by C. E. Herring, Director of the Market Research Division
of the Hooper Homes Bureau, Inc., dealing with the use of radio
sets. Saturday was found to be tied with Wednesday as the toil
listening days on an overall basis. In Mr. Herring’s article he
mentioned:

" 'Incidentally, advertisers and agencies seem to be overlooking
a good bet on Saturday. In spite of the fact that Saturday’s pro¬
grams arc, as a whole, the weakest of the seven days, the listening
audience on Saturday ranks with the largest of the week.’ How¬
ever. based on C..'\.B. figures, the Monday through Friday average
is still ahead of Saturday.

"I have been trying to get late figures on the number of people
who now work on a five-day-a-week basis, but to date, these figures
are not available. Except for the present emergency, I believe that
there will be an ever increasing number of companies turning to a
five-rlay week, which will mean greater family availability for radio
programs and greater listening.

“.Another factor in favor of Saturday morning, at least for the
present, is that program competition is relatively weaker, making it
easier for the Saturday advertiser to win and hold a large audience.

"There are few success stories regarding Saturday morning broad¬
casting because the idea is comparatively new. ‘The Breakfast
Club,’ which is on six days a week, had the highest rating on Satur¬
day than any other day. The average for the first five days of the
week based on a coincidental survey in 19,17 was .76, and the rating
for Saturday 6.9.

"A good commercial success story is one on the Benjamin Moore
program. The advertiser has used an NBC network program con¬
sistently since 1931. The program was a single 15-minute daytime
period, once a week, which consisted of organ music and a talk b\'
Betty Moore on ‘How to Brighten Up the Home With Paint.’ In
1939 the program was shifted to Saturday, with the result that the
efectivejiess was increased greatly. .Actually, the success of the
program must he. to a large extent, dependent upon mail, and the
mail of the 1939 Saturrlay morning program was 37% greater than
the mail received during 1938. when the [irogram was on a week
day.”

Success Story Form

The new standard form for radio success stories adopted by
the Department of Broadcast Advertising has also been adopted
by several N.4B member stations. .Although it was not intended
that this form should be universally used, since many stations
already have their own very effective forms, any station wishing
to adopt it is perfectly free to do so.

522 — June 13, 1941

.A sample copy was sent each station over a month ago, but
any members desiring additional samples may have them free
upon request.

Making Radio Effective

Three problems worthy of sales managers’ consideration, par¬
ticularly at small stations, are presented by KVEC, NAB member
at San Luis Obispo, Cal., in the industry’s effort to increase the
effectiveness of radio advertising.

The first outlines the necessity of giving close attention to the
proper scheduling of programs and announcements. Writes
Christiana M. Jacobson:

"The sponsor on the average small station buys so many spots
cither locally or through an agency. The time suggested may not
be right for his product in a rural area (people rise earlier, retire
earlier, live at a slower pace), but our personal observation is
that often no one seems interested enough to rectify' the error or
even make the suggestion. There are always at least two parties
involved in the transaction and one or the other feels that the
trouble involved is not warranted because of the size of the

account. So the matter rests and at the expiration of the con¬

tract, there isn’t a renewal.

“For example, a program running on this station, produced in
a metropolitan center and having metropolitan appeal, requires
mail, and the extremely low response to date proves the program
has no appeal in this area. The agency was contacted in an
attempt to persuade the sponsor to use a local show with a proven
mail record, but the agency answered with a definite no. Its

reason was that the sponsor favors the show from a personal

angle, and any effort to change would result in a two-week can¬
cellation rather than permitting the program to run the length
of the contract. 1 can’t understand why a sincere desire by a
station to do a good job should be detrimental to that station.
.After all. six satisfied sponsors across the board for 52 weeks is
better business than 24 accounts on short contracts in that same
period with no renewals, and all 24 with the opinion ‘I tried radio
and it doesn’t get results.’ ”

The second recommendation offered is that advertising agencies
and advertising departments should furnish copy to station and
sponsor, carefully prepared and attractively presented. Stating
that most copy now received is poorly mimeographed, or on second
sheets, often with no heading or reference to the account or
product, it is stated that this cannot impress the station which
is advertising this "outstanding product”, and has a very bad
effect upon the sponsor who is spending good money for radio
time.

"In newspaper advertising, on the other hand, advertising cam¬
paigns generally come attractively prepared, with folders con¬
taining all available mats and with proofs run on fine paper,
usually bound with colorful, attention-getting covers. Why
cannot radio continuity be presented the same way, to impress the
station, the sponsor, and his dealers or sales force? If radio
stations will comment to those responsible for continuity poorly
presented, and make these suggestions, many advertisers and
agencies will adopt them.”

The final suggestion, along similar lines, is that stations do
likewise by furnishing each sponsor a clear and attractively-
presented copy of his radio advertising, if produced by the station.
"Copy is now often poorly presented, or is merely read to him
over the telephone.” Standard forms could be used, it is sug-
gestefl, with space for sponsor’s name, the names of continuity
writer and announcer, and even a selling message from the station.
It is pointed out that sponsors are given checking copies and
proofs of advertising run in printed media, as evidence and a
record of their campaigns, but money spent in radio advertising,
unless the sponsor hears each program or announcement, often
seems to leave no trace. .At little extra trouble or expense, it is
claimed, radio stations could thus constantly make good impressions
on advertisers to the ultimate benefit of the industry.

Recording Standards

.As broadcasting has developed the problem of reproducing
transcriptions with uniform results, it has become of much concern

to broadcasting stations. Quite a number of different charac¬
teristics have been used by the various manufacturers of tran¬
scriptions, recording equipment and reproducing equipment. Most
of these characteristics produce good results by themselves when
the proper playback equalization is used. Some companies have
coordinated the three elements, however, in many instances this
has not been so. This has made it e.xceedingly difficult for broad¬
cast stations to obtain uniform results from transcriptions manu¬
factured by various companies and reproduced on equipment
manufactured by various companies.

This problem has been discussed with a number of transcription
and equipment manufacturers and they have all indicated that
they will cooperate in the formulation of standards.

A subcommittee of the N.\B Engineering Committee was ap¬
pointed by Edward L. Gove, VVHK, chairman, comprised of
Paul Loyet of WHO, chairman, Morris Pierce of WG.\R and
Robert Morris of NBC. The subcommittee formulated a ques¬
tionnaire on recording and reproducing. The questionnaire was
sent to all broadcasting stations. The answers to the questionnaire
show that broadcast stations use as high as ten different equalizer
settings for reproducing various transcriptions. Even with such an
elaborate set of equalizers it has not been possible to entirely
obtain uniform results from various transcriptions.

The Engineering Committee recommended that NAB coordinate
the formulation of “Recording and Reproducing Standards”.
Neville Miller has informed the Engineering Committee that the
Executive Committee has authorized this project. In accordance
with this the first meeting of the "Recording and Reproducing
Standards Committee” will be held at the Statler Hotel in Detroit
on Thursday, June 26, the day after the Institute of Radio Engi¬
neers Convention. All parties interested in this project are invited
to appoint an engineering member to the Committee. Corre¬
spondence regarding this project should be addressed to Lynne
C. Smeby, director of engineering.

BMI

New Log Service

A daily logging service to get underway within the next two
weeks, has been set up under the supervision and control of John
G. Peatman, Director of the Office of Research of the Department
of Psychology of the College of the City of New York. BMI will
pay the costs of operations.

Service of the listening post thus established, will consist of the
following:

a. A full daily report of all programs on stations WE.\F, WJZ
and W.ABC between the hours of 8 a. m. and S p. m.

b. A full dailv report of all programs on stations W.4BC, WEAE,
WJZ, wok, WMCA, WHN, WOV and WNEW between the
hours of 5 p, m. and 1 a. m.

Report sheets of the new Service will contain a complete record
of the number of performances received by each composition heard
during the above listening periods as well as a detailed log showing
program listings of all musical compositions heard on each of the
stations. The Service’s full program report will include:

1. Time of the program.

2. Contents of the program, including each individual composi¬
tion broadcast.

3. Sponsor or place of origin of the broadcast.

4. Name of the performing artist.

In addition, it will indicate whether the individual composition
was performed in whole or in part. It is understood that the De¬
partment of Psychology of C. C. N. Y. will have full control of
the operations of the project, including the hiring of all employees
and that BMI shall in no way be responsible. The Department
expressly agrees that it shall act independently and not as an agent
or representative of BMI.

New Compositions

Broadcast Music, Inc,, announces the addition of nine new com¬
positions to its catalogue of original material and twenty-five copy¬
righted arrangements of familiar music in the public domain.
Prominent among the popular songs made available to the radio
station members of BMI, w'as Dixie Girl, a ballad by Kent Cooper,
head of the .Associated Press. Other numbers released at the same
time included All Alone and Lonely, by Milton Schwartz, David
Sanders and .M Pearson, and I Went Out of My Way, by Helen
Bliss, for both of which BMI officials predict a great success. Olsen
and Johnson, stars of Hellzapoppin’, were represented with My
Heart’s in America, an original composition from their production.
A’en' Hellzapoppin’ .

-Among the twenty-five “cross-cued” arrangements of public
domain material, now bringing this portion of the BMI library to
approximately 600 selections, w'ere such familiar compositions as
Tschaikowsky’s Dance Chinnise from the Nutcracker Suite; John
Phillip Sousa’s On Wings of Lightning; Schubert’s Serenade; Sibe¬
lius’ Romance in D Flat, and Grieg’s Repose of the Forest.

License Forms Approved

The Board of Directors of BMI, at a meeting on Tuesday (June
10), approved the forms of blanket and per program contracts for
broadcasting stations, as w'ell as a contract permitting optional
clearance at the source for electrical transcriptions. Forms of con¬
tracts are understood to be undergoing minor technical revision
and w'ill be sent out to broadcasting stations shortly. As announced
at the Convention, holders of BMI blanket contracts may ratify
the same and thus obtain a one-third reduction in present license
charges bringing the present scale of payment down from a maxi¬
mum of 2j4% to a maximum of 17^%, and the minimum from
1}Z% to 1%. Per program rates run from 3^3% to approximately
3/4% for commercial programs using BMI music, and from
14% to 1% for sustaining programs using BMI music, the latter
charge being figured on card rates applicable at the time of broad¬
cast. Directors also approved numerous plans for the development
and expansion of BMI’s activities, subject to the discretion of the
management. The directors announced with regret the resignation
of Ted Streibert as a director of the company. Mr, Streibert is an
officer of Bamberger Broadcasting Service, Inc., which has resigned
from the National -Association of Broadcasters, and he stated that
he felt that as a representative of that company he should also
resign from BMI which represents a type of industry activity. It
was confirmed that Mr. Streibert’s resignation would have no
effect on the continued support of BMI by WOR.

BMI FEATURE TUNES
June 16 - June 23

1. I WENT OUT OF MY WAY

2. ALL ALONE AND LONELY

3. MY SISTER AND I

4. WALKIN’ BY THE RIVER

5. WISE OLD OWL

6. FRIENDLY TAVERN POLKA

7. G’BYE NOW

8. WHAT D’YA HEAR FROM YOUR HEART

9. HERE’S MY HEART

10. WITH A TWIST OF THE WRIST

11. THE RELUCTANT DRAGON

In preparation: “Wasn’t It You’’? by the writers
of You Walk By.

June 13, 1941 — 523

Extra Copies

Available

There are extra copies available of the first volume of the BMI
Index. These volumes will be sent to any BMI subscribers who
desire them until the supply on hand is exhausted. There will be
no charge to subscribers except the necessary postage which will be
collected on delivery.

Requests

The following quotation is from the head of the music division
of two stations having ASCAP licenses:

"My particular purpose in writing you at this time is to inform
you that of the request programs currently running on both sta¬
tions it is interesting to note that over 7S per cent of the requests
are for BMI or for BMI controlled tunes. .Also, as you know, we
are now in a position to use .ASCAP material, but our BMI users
have not fallen appreciably when considered on the basis of monthly
use.”

.And speaking of preferences. Bill Brennan, WORC, Worcester,
Mass., stopped in this week to tell us that a request program on
that station, “Uve O’Clock A'arieties”, received no letters asking
for .ASC.AP music from January 20th to May 1st. .All requests
were for either BMI published or BMI controlled tunes. There
were no calls for the "Old favorites” which .ASC.AP claimed so
loudly around the first of the year were indispensible. .Among the
tunes that led in number of requests were: I Hear a Rhapsody, High
on a Windy Hill, There I Go, IF/sc Old Oivl, and G'Bye Nou'.

BMI Opens the Door

In its first year, BMI brought the public the music of more than
,s00 writers who had little if any opportunity to reach the public
under the conditions which prevailed prior to .April 1940. This
music came from all parts of the country and from all walks of life.
It did not reflect the ideas of any one group; it included the work
of those who devote their entire time to the creation of music and
those to whom this creation has been a happy interval in an other¬
wise busy life. Broadcasters can take pride not only in the effect¬
iveness of their work in the formation of BMI, but in the develop¬
ment of the conditions which made BMI essential. The growth of
a lively interest in music in all parts of the country and in all sec¬
tions of the people was fostered by the progress of commercial
broadcasting. During the past twenty years, .American symphonic
orchestras have grown from about twenty to about three hundrerl
and the interest in their maintenance has broadened from that of
a few rich families to thousands of music lovers throughout the
country. During the same period, an awakening of interest of
music in the public schools has built some 50,000 bands, nearly as
many orchestras and almost twice as many choral groups.

That radio has been the principal factor in this musical growth
goes without saying. A common feeling for melody, rhythm and
harmony resulted from radio carrying the best music to all of the
people at the same time. Never before the period of commercial
broadcasting would such a unified musical movement have been
possible.

Native Latin American Music to Be Popularized

Maurice Russel Goudey (outstanding authority on the interpre¬
tation of South .American folk music), who has spent the last six
years teaching and directing radio orchestras in Buenos .Aires, has
been selected by Peer International Corporation to set up a cata¬
logue of the native Latin .American music available for broadcast¬
ing in the United States.

Mr. Goudey [flans to start with what he calls the .A-B-C of
South .American music — .Argentine, Brazil, and Chile. .As the field
develops, he plans to introduce the tunes of the smaller countries,
such as Columbia, which he states is particularly rich in beautiful
and unusual music.

"My job,” says Mr. Goudey, "will be to select the repertor>',
aid the .American orchestras in their arrangements and rehearsals
with an eye to combining authenticity of inter[)retation with
po|3ular performance.”

524- June 13, 1941

.Announcement is made of the availability of the publications of
Cundy-Bettoney Co., Inc., in Boston, Mass,, for broadcasting.
This company has lists of the band and orchestra music and solos
for wind instruments available for this purpose.

Lists of suggested music material for Independence Day programs
has been issued. Included is a list of marches for military bands
from the catalogue of Jean Missud.

The Mud and the Stars

Under the headline, ‘‘.And Some of Them Saw Stars”, the
Everybody’s Weekly section of the Philadelphia Enquirer makes
the following comment on the new BMI song Stars Went to Sleep,
which was written by three prisoners within the w'alls of the Okla¬
homa State Penitentiary:

"Thus the chance meeting of two prisoners w'as made into a song;
then into a partnership of many songs . . . the idea of a poet
proved true:

‘Two men looked through prison bars.

One saw mud, the other stars. . . .’

".At the same time scores of other prisoners were heartened to
new efforts by the experiences of these two. Hearing or reading the
story, they resolved to make the best use of their enforced separa¬
tion from the world and to prepare themselves for an eventual
return to that world as more useful citizens.”

Soaring

Sales of My Sister and I passed the 150,000 mark early this week
and are going strong. It looks as if the song will set up a new'
high record for BMI.

The Career Open to Merit

.Additional evidence that if a song has a germ of a good idea,
BMI editors will spare no effort to place it before the public is
illustrated by the history of the new' tune Have You Changed. This
song was first submitted in .August of 1940. It came in the mail one
morning in August 1940 from Jay Gordon of Wilmington, Dela-
w'are, without benefit of even so much as an accompanying letter.
.A reviewer referred it to the Editorial Committee. The title, the
tunc and the first line of the lyric inspired enthusiasm. The rest
was silence. In other words, the various questions asked under the
Have You Changed inquiry w'ere not appealing, as they completely
lacked the nostalgic quality necessary to awaken pleasing memories,
.A lengthy correspondence ensued asking for additional lyrics and
one after another were submitted, all equally bad, until Mr. Gor¬
don’s permission was obtained to call in Sylvia Dee, an experienced
lyric writer, and see what she could do. Miss Dee “sparked” im¬
mediately on the idea. She liked it and turned out three good
h'rics over night. That was about three weeks ago. Since that
time, the best lines have been merged from these three lyrics, one
or two new' ones added, and it looks as if BMI has another
potential hit.

IRNA Committee Meets ASCAP

From Samuel R. Rosenbaum, Chairman of IRN.A:

•A committee of officers and directors of IRNA supplemented
by several other representative affiliates met Wednesday afternoon
at NAB with Messrs. Paine, Mills and O’Connor of ASCAP.
.ASC.AP explained fully the present status of the .ASC.AP deal as
consummated with Mutual and as modified in the offer to the
other networks, and the present status of the .ASC.AP deal to
be submitted to affiliates in the form submitted to Mutual affili¬
ates and as supplementally modified. The IRN.A representatives
made it clear that they were not a negotiating committee and
were meeting with .ASC.AP in order to learn fully the status of
the present .ASC.AP offers which w'ould be reported back to the
IRN.A Board for consideration and further discussion. Those
present for IRN.A were: Rosenbaum. Morency, Craig, L. B.
Wilson, Kennedy, Myers, Shousc, O’Fallon and Moseby.

MIRNA Disbands

Mutual Broadcasting System announced Thursday that it had
been notified by S. A. Cisler, WGRC, that the Mutual Independent
Radio Network Affiliates, a committee set up at the St. Louis
convention, had been disbanded. Difficulties between Mutual and
some of its affiliates which led to the organization have been
straightened out, MBS announced.

FEDERAL COMMUNICATIONS
COMMISSION

WFMC

The FCC, on June 10, approved the application of W. C. Ewing
and Harry Layman (Cumberland Broadcasting Company) to
transfer the license of Station WFMC, Fayetteville, North Caro¬
lina, to W. C. Ewing and T. K. Weyher (Cumberland Broadcasting
Company) and renewed the station’s license.

KEVR

The FCC, on June 10, approved the application of Evergreen
Broadcasting Corporation (KEVR) of Seattle, Washington, for a
construction permit upon assurance to the Commission that
within one year it will file an application for a new construction
permit requesting authority to operate with power of 5 kilowatts
to effect a more efficient use of the frequency (1090 kilocycles).

FCC Propaganda Study

The FCC announced the appointment of Lloyd A. Free as
Director of its Foreign Broadcast Monitoring Service and the
retention of Harold N. Craves, Jr., as Administrative Assistant
of that unit. They will supervise the recording, translating and
analysis of foreign short-wave broadcasts, a duty undertaken
last March by the Commission in cooperation wdth the Defense
Communications Board.

From the FCC Mail Bag

A broadcast station seems perplexed about whether to pick
up a bellow-by-bellow description of a bullfight. The question
of programming is a matter for the station itself to decide in the
first instance. The FCC has no specific regulation on this
subject but points out:

“However, there is language in some of the decisions (see e.g.,
in re Station WMCA, 2 F. C. C. 76, 77 ; United States Broad¬
casting Corporation, et ah, 2 F. C. C. 208, 219) to the effect
that ‘broadcast programs which are offensive to the sensibilities
of the people generally are not in the public interest.’ As bearing
on the determination of this matter, your attention is invited
to the fact that bullfighting has never been legalized in this
country, and it is believed the history of efforts to legalize it in
some of the States will disclose considerable public opposition
on the ground that it involves cruelty to animals. The extent
of this feeling undoubtedly varies as between different sections of
the country.”

To a New Yorker who complains about rates for broadcast time,
the Commission cites the Communications Act in declaring that
broadcast stations shall not be deemed “common carriers,” hence
the Commission cannot prescribe the rates charged by them.
Nor can the Commission entertain the notarized complaint of a
Long Islander about advertising broadcast on Sunday. Also,
it is equally without authority to pass upon advertisements in a
telephone directory. Or to require a magazine to readjust its
radio schedule to the satisfaction of a California reader.

Since the Commission functions primarily as a licensing authority,
it has no say in the selection of radio station personnel. Conse¬

quently, it has no rules or regulations governing the hours that an
employee may work. To a Massachusetts inquirer on the latter
subject, it advises that the radio-broadcast industry is subject to the
Fair Labor Standards Act and that any complaint on that score
should be made to the Wage and Hour Division of the Department
of Labor.

The Commission receives many complaints about radio inter¬
ference of local electric origin. To such persons, it explains that it
is without power to intervene, but points out that some municipali¬
ties have ordinances on the subject, adding: Many public service
companies maintain investigation departments and upon request are
generally willing to assist in locating the source of the trouble
and in correcting it, if possible.

The Commission is unable to help a New Yorker who claims his
invention “for the development of music” has been suppressed by
certain business interests. And the only thing the Commission can
do with a sample of corn remover sent to it is to turn it over to
the Federal Trade Commission, to which it should have been
addressed.

FEDERAL COMMUNICATIONS
COMMISSION DOCKET

Following broadcast bearings are scheduled to be heard before

the Commission during the week beginning Monday, June 16.

They are subject to change.

Monday, June 16

Broadcast

WHB — WHB Broadcasting Company, Kansas City, Mo. — C. P.,
710 kc., 5 KW, DA-nigbt and day, unlimited time. Present
assignment: 880 kc., 1 KW daytime.

WTCN — Minnesota Broadcasting Corp., Minneapolis, Minn. — C.
P., 710 kc., 10 KW, unlimited time, DA-night. Present
assignment: 1380 kc., 1 KW, S KW LS, unlimited time.

KFNF — KFNF, Incorporated, Shenandoah, Iowa. — Renewal of
license, 890 kc., 500 watts night, 1 KW day, SH-KUSD.

Television Broadcast

W2XD — General Electric Company, Schenectady, N. Y. — For li¬
cense to cover C. P., 163000-168000 kc., 40 watts, emission
A-S, Sec. 4.4(a).

W2XI — General Electric Company, New Scotland, N. Y. — For re¬
newal of license, 163000-168000 kc., 10 watts, emission A-S,
Sec. 4.4(a) .

W2XB — General Electric Company, New Scotland, N. Y. — For re¬
newal of license, 60000-86000 kc., A. -3 KW, V.-IO KW,
Sec. 4.4.

Wednesday, June 18

WBRE — Louis G. Baltimore, Wilkes-Barre, Pa. — C. P. to erect
a synchronous station, 1310 kc., 100 watts, unlimited time.

FUTURE HEARINGS

During the past week the Commission has announced the follow¬
ing future hearings in broadcast cases. They are subject to change.

Monday, June 23

WFNC — W. C. Ewing and Harry Layman, d/b as Cumberland
Broadcasting Co. (Assignor) and W. C. Ewing and T. K.
Weyber, tr/as Cumberland Broadcasting Co. (Assignee),
Fayetteville, N. C. — Voluntary assignment of license, 1340
kc., 250 watts, daytime.

WFNC — W. C. Ewing and Harry Layman, d b as Cumberland
Broadcasting Co,, Fayetteville, N. C. — Renewal of license,
1340 kc. (1370 kc. under NARBA), 250 watts, davtime.

June 13, 1941 — 525

Tuesday, June 24

VVTEL — Foulkrod Radio Engineerins Co., Philadelphia, Pa. —
C. P., 15(10 lu'., 2S0 watts, unlimited. Present assignment;
1810 kc., 100 watts, S-VVHAT.

Wednesday, June 25

Investigation to determine what policy or rules, if any, should
be promulgated in connection with operation of new high fre¬
quency (FM) broadcast stations and for future acquisition of
standard broadcast stations bv newspapers, pursuant to Order
No. 79.

Thursday, June 26

VVKZO — WKZO, Incorporated, Kalamazoo, Mich. — C. P., 5!)0 kc.,
5 KW, unlimited, DA-night. Present assignment: 5!1(1 kc.,
1 KVV, unlimited, DA-night.

Monday, June 30

NEW — KNOE, Incorporated, Monroe, La. — C. P., 1420 kc., 250
watts, unlimited.

Monday, July 7

KWTO — Ozarks Broadcasting Company, Springfield, Mo. — C. P.,
500 kc,, 1 KW night, 5 KW day, unlimited, DA-night.

Consolidated Hearing

NEW— R. B. Terry. D. A. Rawley, C. M. Waynick and H. A.
Cecil, d b as High Point Broadcasting Co.. High Point, N. C.
— C. P., 1870 kc., 100 watts, unlimited time,

NEW — Ralph L. Lewis, Greensboro, N. C. — C. P,, 1870 kc., 100
watts, unlimited time.

FEDERAL COMMUNICATIONS
COMMISSION ACTION

APPLICATIONS GRANTED

New STL Broadcast Station — Capital Broadcasting Co.. Inc..
Schenectady, N. Y. — Granted construction permit for new
STL (studio transmitter link) broadcast station to operate
on frequency 881000 kc. (experimentally) ; power not in
excess of 50 watts; special emission for frequency modula¬
tion with a maximum frequency swing of 200 kc. (Bl-
PST-1).

K\'IC — Ered W. Bowen (Individually and as Trustee), Charles
C. Shea and Walter T. Martin (Transferors), Morris Roberts
(Transferee), \dctoria, Texas. — Granted consent to transfer
control of Radio Enterprises, Inc., licensee of station KVIC,
from Ered W. Bowen (individually and as trustee). Charles
C. Shea and Walter T. Martin, to Morris Roberts, repre¬
senting 100% (250 shares) voting stock ownership in Radio
Enterprises, Inc., for a total consideration of $42,500. Sta¬
tion operates on 1840 kc.. 250 watts unlimited time (B3-
TC-2S3).

DESIGNATED FOR HEARING

Washington Broadcasting Co., Washington, Pa. — .Application for
construction permit for new station to operate on 1450 kc.,
250 watts power, unlimited time (B2-P-3088).

APPLICATION PLACED IN PENDING FILES

Star Times Publishing Co.. St. Louis, Mo. — Placed in pending file
pursuant to Order No. 79, application for construction per¬
mit for new FM station (B4-PH-2).

MISCELLANEOUS

KMPC — The Station of the Stars, Inc.. Beverly Hills, Calif. —
Granted petition to intervene and to enlarge the issues in

526- June 13, 1941

re hearing on application of Minnesota Broadcasting Corp.
(WTCN), Minneapolis, Minn., for construction permit to
change frequency from 1280 to 710 kc., increase power from
1 KW night, 5 KW day to 10 KW unlimited, using direc¬
tional antenna night.

KIRO — Queen City Broadcasting Co., Inc., Seattle, Wash. — Granted
petition to intervene and to enlarge the issues in re hearing
on application of Minnesota Broadcasting Corp. (WTCN),
Minneapolis. Minn., for construction permit to change fre¬
quency from 1280 to 710 kc., increase power from 1 KW
night, 5 KW day to 10 KW unlimited, using directional an¬
tenna night.

KIRO — Queen City Broadcasting Co., Inc., Seattle, Wash. — Granted
petition to intervene and motion to enlarge the issues in
re hearing on application of WHB Broadcasting Co. (WHB),
Kansas City, Mo., for construction permit to change from
880 to 710 kc., from 1 KW daytime to 5 KW unlimited,
using directional antenna at night.

WDAE — Tampa Times Co., Tampa, Fla. — Granted petition for
leave to withdraw without prejudice application for con¬
struction permit to change frequency from 1250 to 740 kc.,
and increase power from 5 KW to 10 KW, unlimited time,
using directional antenna for night only.

WIXG — General Television Corp., Boston, Mass. — Granted petition
to amend application by filing an application for a com¬
mercial broadcasting television construction permit and that
the record remain open and directed that the amendment
be filed within two weeks.

Symons Broadcasting Co., Ellensburg, Wash. — Granted motion to
continue hearing on application for new station, now set
for June 2, 1941, for 60 days.

KRLD — KRLD Radio Corp., Dallas, Texas. — Granted petition to
intervene in hearing on application of Mid-American Broad¬
casting Corp., Louisville, Ky., for construction permit for
new station.

01\mpic Radio Co.. Hoquiam, Wash. — Referred to Commission
petition to hold hearing on application for new coastal har¬
bor station in Hoquiam or Aberdeen, Wash.

W2XMN — Edwin H. Armstrong. Alpine, N. J. — Granted exten¬
sion of special temporary authority to operate an additional
transmitter at Alpine, N. J., on 48 iiu‘. with a power not
to exceed 40 KW, using frequency modulation for a period
of thirty days beginning June 10, 1941, and ending not later
than July 9, 1941, in order to conduct further experiments
on adjacent channel operation of high frequency broadcast
stations and to demonstrate such operation to certain engi¬
neering committees of the Radio Manufacturing Association.

WRNL — Richmond Radio Corp., Richmond, Va. — Granted special
temporary authority to broadcast a two-way conversation
between a Navy airplane and a mobile unit of Station
WRNL on June 3, 1941. only.

WBRC — Birmingham Broadcasting Co., Inc., Birmingham, Ala. —
Granted license to cover construction permit for increase
in power and installation of directional antenna for night
use (B3-L-1346). Granted authority to determine operat¬
ing power bv direct measurement of antenna input (B3-Z-
709).

KFNF — KFNF, Inc., Shenandoah, Iowa. — Granted authority to
make changes in automatic frequency control equipment
(B4-P-222 );

WIOD — Isle of Dreams Broadcasting Corp., Miami, Ela. — Granted
construction permit to move formerly licensed RC.A 1-D-B
main transmitter locally to be used as an auxiliary trans¬
mitter with power of 1 KW (B3-P-3184).

WKWK — Community Broadcasting, Inc., Wheeling, W. Va. —
Granted license to cover construction permit as modified
for new station (B2-L-1412). Granted authority to de¬
termine operating power by direct measurement of antenna
input (B2-Z-922).

WPDF — Flint Broadcasting Co., Flint, Mich. — Granted modifica¬
tion of construction permit (for installation of new trans¬
mitter and directional antenna for day and night use, in¬
crease in power, change frequency and move transmitter)
for extension of completion date from June 14 to August
14, 1941; 910 kc., 1 KW, unlimited time, directional an¬
tenna day and night (B2-MP-1314) .

WKZO — WKZO, Inc., Kalamazoo, Mich. — Granted license to cover
construction permit for installation of new directional an¬
tenna for night use (B2-L-1416). Granted authority to
determine operating power by direct measurements of an¬
tenna input in compliance with Sec. 3.54 (B2-Z-9SO).

KFQD — Anchorage Radio Club, Inc., Anchorage, Alaska. — Granted
authority to determine operating power by direct measure¬
ment of antenna input (B-Z-873).

WERE — Louis G. Baltimore, Wilkes-Barre, Pa. — Granted authority
to determine operating power by direct measurement of
antenna input (B2-Z-939).

KITE — First National Television, Inc., Kansas City, Mo. — Granted
authority to determine operating power by direct measure¬
ment of antenna input (B4-Z-929).

WTEL — Foulkrod Radio Engineering Co., Philadelphia, Pa. —
Granted authority to determine operating power by direct
measurement of antenna input (B2-Z-940).

KRIC — KRIC, Inc., Beaumont. Tex. — Granted authority to de¬
termine operating power by direct measurement of antenna
input (B3-Z-93S).

KSL — Radio Service Corp. of Utah, Salt Lake City, Utah. —
Granted authority to determine operating power by direct
measurement of antenna input (B5-Z-890).

WCAL — St. Olaf College, Northfield, Minn. — Granted authority
to determine operating power by direct measurement of
antenna input (B4-Z-948).

WGEZ — Donald C. Treloar, Kalispell, Mont. — Granted authority
to determine operating power by direct measurement of
antenna input (BS-Z-947).

WJNO — WJNO, Inc., West Palm Beach, Fla. — Granted authorit\'
to determine operating power by direct measurement of
antenna input (B3-Z-811).

WMBH — Joplin Broadcasting Co., Joplin, Mo. — Granted au¬
thority to determine operating power by direct measure¬
ment of antenna input on 1450 kc. (B4-Z-703).

WELB — WAVE, Inc., Portable Mobile (area of Louisville, Ky.). —
Granted construction permit to install a new transmitter
and increase operating power of relay broadcast station to
50 watts (B2-PRE-3S9) .

WHER — Westinghouse Radio Stations, Inc., Portable mobile.- —
Granted construction permit to install new transmitter and
increase power to 25 watts, for relay broadcast station
(B2-PRY-244).

WEIE — Havens and Martin, Inc. Portable mobile area of Rich¬
mond. Va. — Granted license to cover construction permit
for changes in type of transmitter and to decrease power to
2 watts. (B3-LRE-349).

W3XAU — WC.AU Broadcasting Co.. Philadelphia, Pa. — Granted
modification of construction permit (for new television sta¬
tion) for extension of completion date to July 28, 1942
(B2-MPVB-41 ).

W9XER — Midland Broadcasting Co., Kansas City, Mo. — Granted
license to cover construction permit for new developmental
broadcast station; 46500 ko.. 1500 watts, special emission
for frequency modulation with a maximum frequency swinu
of <5 kc., granted on experimental basis only, conditionally
(B4-LEX-16).

KRNT — Iowa Broadcasting Co., Des Moines, Iowa. — Granted
modification of construction permit (for move of trans¬
mitter, install directional antenna for night use and new
transmitter and increase in power) for changes in direc¬
tional antenna for night use on 1350 kc., and extension of
completion date from June 22, 1941, to 120 days after
grant (B4-MP-1300) .

KGGF" — Hugh J, Powell, Coffeyville, Kans. — Granted motion to
amend application to specify power of 1 KW instead of 5
KW, unlimited time, using directional antenna for night,
operating on 690 kc.

Orange Broadcasting Corp., Orange, Tex.— Granted motion for
dismissal without prejudice, application for construction
permit for new' station to operate on 1550 kc., 1 KW.
unlimited time.

KSEI— Radio Service Corp., Pocatello, Idaho.— Granted motion
for withdraw’al of application for construction permit to
change from 900 kc.. 250 w'atts, 1 KW LS, to 600 kc., 1
KW, unlimited time, using directional antenna night and
day.

KGU — Marion .\. Mulrony and Advertiser Publishing Co.. Ltd.,
Honolulu, T. H. — Referred to Commission petition to inter¬
vene in re hearing on application of Hawaiian Broadcasting
System., Ltd., for construction permit for new station to
operate on 1340 kc., 250 w'atts, unlimited time. .Also re¬
ferred to Commission petition to hold hearing in Honolulu
and to set date of such hearing.

Olympic Radio Co., Hoquiam, Wash. — Granted motion for con¬
tinuance to July 15, 1941, of hearing on application for con¬
struction permit for new coastal harbor station, now set for

June 30, 1941. .Mso, granted motion for authority to take
depositions, upon condition that authority to take deposi¬
tions is automatically cancelled in the event the Commission
grants the pending motion to transfer hearing to State of
Washington.

C. R. .■\nderson, business manager of The Lamar Broadcasting Co.,
Lamar, Colo, — Dismissed without prejudice to participation
in the hearing in accordance with Section 1.195, petition to
intervene in hearing on application of The Lamar Broad¬
casting Co. (KIDW) for renewal of license.

.\irport Charter Service, .Alaska Air Transport. Ellis .^ir Transport.
Marine .\irways, Alaska .Aeronautical Radio, Inc. — Granted
motion to amend, filed jointly by .Aircraft Charter Service
(KAWA), Alaska Air Transport ' (KBJW. KFWC, KANG,
K.ANU, K.AYP), Ellis .Air Transport (KBOA^), Marine .Air¬
ways (K.AIK), and Alaska .Aeronautical Radio, Inc., to sub¬
stitute .Alaska .Aeronautical Radio, Inc., as party to proceed¬
ings in Docket Nos. 5696, 5697, 5763, 5624, 5625, 5725, 5722,
5723, 5724, 5576, 5765, for aeronautical facilities in .Alaska.

God’s Bible School and College, Cincinnati, Ohio. — Denied petition
to hold record open in re application for construction permit
for new’ international broadcast station ; Aplication dismissed
without prejudice to the filing of a new application.

Natchez Radio Corp., Natchez, Miss. — Granted request for dis¬
missal of petitioner’s application for construction permit
for new station to operate on 13T0 kc.. 250 w'atts.

KIDW — The Lamar Broadcasting Co., Lamar, Colo. — Granted
special temporary authority to determine operating power
by the indirect method for a period not to exceed 30 days.

WBNA’ — Roy L. .Albertson, Buffalo, N. Y. — Granted special tem¬
porary authority to broadcast sustaining musical programs
from 8:30 to 10 a.m. Monday through Friday from June 16
to July 15, 1941, provided WSA’S remains silent.

WCLE — United Broadcasting Co., Cleveland, Ohio — Granted special
temporary authority to operate from local sunset (June 8
p.m.) to conclusion of night baseball game between the
Cleveland and Boston .American League Professional Baseball
Clubs on June 4, 1941, only.

WMRO — Martin R. O’Brien, .Aurora, Ill. — Granted special tempo¬
rary authority to operate from 7:30 to 10 p. m., CST, on
June 5, 6 and 18. in order to broadcast the community high
school graduation exercises of the Oswego Community High
School; West High School, .Aurora; and East High School,
.Aurora, respectively.

WRC — National Broadcasting Co., Inc., Washington, D. C. —
Granted modification of construction permit for increase in
pow'er and installation of directional antenna for night use,
for extension of completion date from June 5 to .August 5,
1941; 980 kc., 5 KW, unlimited time (Bl-MP-1309) .

KXOK — Star-Times Publishing Co.. St. Louis, Mo. — Granted
special temporary authority to rebroadcast program, of .Army
plane to ground communications in connection with .Army
Flying Cadet week, between 9:45 and 10 p. m. on June 5,
1941, only.

KMO — Carl E. Haymond, Tacoma, Wash. — Granted special tem¬
porary authority to rebroadcast transmissions of amateur
radio stations W7LB, W7BHQ, W7IMB, W7AEA, and
W7HU between 9:45 and 10 a. m., June 7. 1941, in connec¬
tion with program entitled “.Amateur Radio in National
Defense.”

KE\'R — Evergreen Broadcasting Corp., Seattle, Wash. — Granted
special temporary authority to operate simultaneously w’ith
station KRKO on Sunday, June 8, from 2:45 to 4 p. m., to
carry a special broadcast of the Seattle Council of Churches
only.

WMRO — Martin R. O’Brien, .Aurora, Ill. — Granted special tempo¬
rary authority to operate until 10 p. m.. CST, on June 12
and 13 only, in order to broadcast graduation exercises of
the Batavia Elgin High School (B4-S-995).

VV^S.AJ — Grove City College. Grov'e City, Pa. — Granted special tem¬
porary authority to remain silent for the period June 12 to
Sept. 18, in order to observe college vacation (B2-S-340).

The Cincinnati Times-Star Co., Cincinnati, Ohio. — Granted special
temporary authority to operate relay broadcast stations
WLWE and WLVVF licensed to the Crosley Corp. on
30830 kc. on June 13 and 14 only, in connection with golf
tournament to be broadcast by WKRC (B2-S-280).

W.A.APl — Columbia Broadcasting System. New’ York City. —
Granted special temporary authority to operate relay broad¬
cast station W.A.ALT in an Eastern .Airlines Plane flying over
Birmingham, .Ala., for purpose of relaying description of .Air

June 13, 1941 — 5 2 7

Carnival for broadcast over station WAPI, Birmingham, on
June 7 and 8.

W4SD — The Eve. News Assn., Detroit, Mich. — Granted extension
of special temporary authority to operate FM station com¬
mercially on 445(10 ko. using 3 KW power for period of 30
days from July S ending August 3, pending installation and
preparations necessary to operate the complete transmitting
plant in accordance with construction permit (B2-PH-21)
and modification (B2-MPH-3) without prejudice to deter¬
mination of the issues in the hearing on Order 79.

W39B — The Yankee Network, Boston, Mass. — Granted extension
of special temporary authority to operate FM station com¬
mercially on 43!)00 k(‘., 1 KW power, special emission for
FM, using transmitter of FM experimental station WlXER
at summit of Mount Washington, Sargents Purchase, N. FI.,
for period June 17 to July 16, 1941, pending completion of
construction (Bl-PFI-13),

KTRB — KTRB Broadcasting Co., Inc., Modesto, Calif. — Granted
special temporary authority to operate from 7:30 p. m. to
conclusion of broadcast of High School Commencement Exer¬
cises on June 11, only (BS-S-82S).

KE\T< — Evergreen Broadcasting Corp., Seattle, Wash. — Granted
petition for reconsideration and grant of application for con¬
struction permit to change frequency from 14(1(1 to 1(1!)0 ke.,
increase power from 100 watts to 250 watts day and night;
increase hours of operation from sharing with KRKO to
unlimited; and move transmitter and studio, and install new
equipment. Removed application from hearing docket.

Tri-State Broadcasting Corp., Wheeling, W. Va. — On request of
applicant the application for a new station to operate on
1450 lu-.. 100 watts night and day, unlimited time, was dis¬
missed without prejudice (B2-P-3080).

W. C. Ewing and Harry Layman, d'b as Cumberland Broadcast¬
ing Co. (Assignor), and W. C. Ewing and T. K. Weyher,
trading as Cumberland Broadcasting Co. (.Assignee), for
assignment of license of WFNC, Fayette, N. C., and W. C.
Ewing and Harry Layman, d 'b as Cumberland Broadcast¬
ing Co., for renewal of license of WFNC. — Granted petition
to reconsider and grant without hearing their applications
for consent to assignment of license and for renewal of
license, respectively, of station WFNC ; hearing scheduled
for June 23 cancelled, and the application for renewal of
license granted for 1370 kc., 250 watts daytime, and volun¬
tary assignment of license to a new partnership was like¬
wise granted (B3-AL-288 and B3-R-1070).

KGU — Marion A. Mulrony and Advertiser Publishing Co., Ltd.,
Honolulu, T. H. — Granted petition for leave to intervene
in the hearing on the application of Hawaiian Broadcasting
System, Ltd., Honolulu, T, H., for a new station. Denied
petition to hold hearing on said application in Honolulu ; said
hearing to be held in Washington on July 28.

APPLICATIONS FILED AT FCC

600 Kilocycles

WICC — The Yankee Network, Inc., Bridgeport, Conn. — Authority
to determine operating power by direct method.

610 Kilocycles

W.AYS — Inter-City Advertising Co., Charlotte, N. C. — Modification
of construction permit (B3-P-2878) for a new station, re¬
questing approval of directional antenna, for day and
night use.

620 Kilocycles

North Jersey Advertising Co., Elizabeth, N. J. — Construction per¬
mit for a new broadcast station to be operated on (530 kc.,
250 watts, unlimited time. Amended: re corporate struc¬
ture and finances.

630 Kilocycles

KVOD — Colorado Radio Corp.. Denver, Colo, — Construction per¬
mit to install new transmitter and increase power from 1 to
5 KW, directional antenna for day and night use. Amended:
to make changes in directional antenna for day and night use.

640 Kilocycles

WHNC — United Broadcasting Co., Columbus, Ohio. — .Authority to
determine operating power by direct method.

680 Kilocycles

WPTF — WPTF Radio Company, Raleigh, N. C. — .Authority to
determine operating power by direct method.

WPTF — WPTF Radio Company, Raleigh, N. C. — License to cover
construction permit (B3-P-2216) as modified to install new
transmitter, increase power, and make changes in directional
antenna for night use only.

WPTF — WPTF Radio Company, Raleigh, N. C. — License to use
old RC.A Type 1005-B 5 KW transmitter as an Auxiliar}^

710 Kilocycles

WOR — Bamberger Broadcastimi Service, Inc., Newark, N. J. —
Modification of construction permit (Bl-P-2319) as modi¬
fied, for changes in directional antenna system, for extension
of commencement date from 1-1-41 to 7-1-41 and extension
of completion date from 7-1-41 to 1-1-42.

WOR — Bamberger Broadcasting Service, Inc., Newark, N. J. —
Modification of construction permit (Bl-P-2319) for
changes in directional antenna, requesting further changes
in directional antenna and extension of commencement and
completion dates to 60 days after grant and 180 days there¬
after, respectively.

790 Kilocycles

KECA — Earle C. Anthony, Inc., Los Angeles, Calif. — Authority
to determine operating power by direct method.

KECA — Earle C. Anthony, Inc., Los Angeles, Calif. — License to
cover construction permit (B5-P-2698) as modified for in¬
crease in power and installation of directional antenna for
night use.

810 Kilocycles

KOAM- — The Pittsburg Broadcasting Co., Inc., Pittsburg, Kans. —
Construction permit to change power and hours of operation
from 1 KW daytime to 500 watts nighttime, 1 KW daytime,
unlimited time, and install directional antenna for night use.

KGO — National Broadcasting Co., Inc., San Francisco, Calif. —
Authority to determine operating power by direct method
(.Aux. Transmitter).

840 Kilocycles

WH.4S — Courier-Journal and Louisville Times Co., Louisville. Ky.
— Authority to determine operating power by direct method.

870 Kilocycles

WK.AR — Michigan State College, East Lansing, Mich. — Authority
to determine operating power by direct method.

WHCU — Cornell FTniversity, Ithaca, N. Y. — Authority to deter¬
mine operating power by direct method.

880 Kilocycles

Fairfield Broadcasting Corp., Lancaster, Ohio. — Construction per¬
mit for a new broadcast station to be operated on 820 kc.,
250 watts, daytime. Amended: To request 880 kc., 1 KW,
changes in transmitting equipment, antenna, and make
changes in finances.

910 Kilocycles

WGBI — Scranton Broadcasters, Inc., Scranton, Pa. — Authority to
determine operating power by direct method.

WQ.AN — The Scranton Times (co-partnership), E. J. Lynett,
Wm. R. Lynett, Elizabeth R. Lynett and Edward J. Lynett,
Jr., Scranton, Pa. — .Authority to determine operating power
by direct method (auxiliary transmitter).

WRNL — Richmond Radio Corp., Richmond, Va. — Construction
permit to install new transmitter, make changes in direc¬
tional antenna for night use, and increase power from 1
to 5 KW. Amended: To request 910 kc. under NARBA
and changes in directional antenna.

920 Kilocycles

KUSD — University of South Dakota, Vermillion, S. D. — Authority
to determine operating power by direct method.

WBAA — Purdue University, West Lafayette, Ind. — Modification
of construction permit (B4-P-2604) as modified, for in-

528 — June 13, 1941

stallation of new transmitter and directional antenna for
night use, increase in power, change in hours of operation,
and move of transmitter, requesting extension of comple¬
tion date from 6-22-41 to 9-22-41.

WBAA — Purdue University, West Lafayette, Ind. — Authority to
determine operating power by direct method.

WBBB — Alamance Broadcasting Co., Burlington, N. C. — Modili-
cation of construction permit (B3-P-3093) for a new
broadcast station, requesting approval of antenna and ap¬
proval of transmitter and studio sites.

930 Kilocycles

WPAT — North Jersey Broadcasting Co., Inc., Paterson, N. J. —
License to cover construction permit (Bl-P-2624) as modi¬
fied for a new broadcast station.

WP.\T — North Jersey Broadcasting Co., Inc.. Paterson, N. J. —
Authority to determine operating power by direct method.

950 Kilocycles

WORL — Broadcasting Service Organization, Inc., Boston, Mass. —
Authority to determine operating power by direct method.

1080 Kilocycles

KYOS — Merced Broadcasting Co., Merced, Calif. — Authority to
determine operating power by direct method.

1130 Kilocycles

KGDM — E. F. Peffer, Stockton, Calif. — Authority to determine
operating power by direct method.

1150 Kilocycles

KSWO — Willard Carver and Byrne Ross, Lawton. Okla. — Au¬
thority to determine operating power by direct method.

KSWO — Willard Carver and Byrne Ross, Lawton, Okla. — License
to cover construction permit (B3-P-2664) as modified, for
a new broadcast station.

WAPO — W. A. Patterson, Chattanooga, Tenn. — .Authority to de¬
termine operating power by direct method.

WJBO — Baton Rouge Broadcasting Co., Inc., Baton Rouge, La. —
■Authority to determine operating power by direct method.

WJBO — Baton Rouge Broadcasting Co., Inc.. Baton Rouge, La. —
License to cover construction permit (B3-P-2766) as modi¬
fied. for increase in power, installation of new equipment,
and directional antenna for day and night use,

1190 Kilocycles

KEX — Oregonian Publishing Co., Portland, Ore. — Authority to
determine operating power by direct method.

1210 Kilocycles

WCAPI — WCALi Broadcasting Co., Philadelphia, Pa. — License to
cover construction permit (B2-P-3106) for installation of
new auxiliary transmitter.

1230 Kilocycles

K.AST — Astoria Broadcasting Co., Astoria. Oreg. — .Authority to
determine operating power by direct method.

KA'EC — Christina M. Jacobson, tr. as The A^alley Electric Co.,
San Luis Obispo, Calif. — Authority to determine operating
power by direct method,

WISE — Radio Station WISE. Inc., .Asheville. N. C. — .Authority
to determine operating power by direct method.

WJOB — O. E. Richardson and Fred L. .Adair. Hammond, Ind. —
Voluntary assignment of license from O. E. Richardson and
Fred L. .Adair to O. E. Richardson. Fred L. .Adair and
Robert C. Adair. Amended: To change name of assignee
from O. E. Richardson, Fred L. .Adair and Robert C. .Adair
to O. E. Richardson, Fred L. Adair and Robert C. Adair,
d/b as Radio Station WJOB,

WLOG — Clarence H. Frey and Robert O. Greever, Logan. W. \'a.
License to cover construction permit (B2-P-3109) for
changes in equipment and increase in power.

WLV.A — Lynchburg Broadcasting Corp., Lynchburg, \’a. — .Au¬
thority to determine operating power by direct method.

1240 Kilocycles

KDON — Monterey Peninsula Broadcasting Co., Monterey, Calif. —
Authority to determine operating power by direct method.

KWJ B — Bartley T. Sims, tr. as Sims Broadcasting Co., Globe.
.Ariz. — .Authority to determine operating power by direct
method.

KWOS — Tribune Printing Co.. Jefferson City, Mo. — Modification
of license to change frequency from 184(1 kc. to 1240 kc.

WGBB — Harry H. Carman, Freeport. N. \^. — .Authority to de¬
termine operating power by direct method.

WJEJ — Hagerstown Broadcasting Co., Hagerstown, Md. — .Au¬
thority to determine operating power by direct method.

WJLS — Joe L. Smith, Jr., Beckley, W. \'a. — Authority to de¬
termine operating power by direct method.

WH.AR — John W. Haigis, Greenfield. Mass. — .Authority to install
new automatic frequency control equipment.

WOMT — Francis M. Kadow, Manitowoc, Wis. — .Authority to de¬
termine operating power by direct method.

WS.AA^ — Brown Radio Service & Laboratory (Gordon P. Brown,
Owner), Rochester. N. Y. — .Authority to determine operating
power by direct method.

1250 Kilocycles

KWSC — State College of Washington, Pullman, Wash. — .Authority
to determine operating power by direct method.

1260 Kilocycles

WN.AC — The A'ankee Network, Inc.. Boston, Mass. — .Authority to
determine operating power by direct method,

1270 Kilocycles

WXA’Z — King-Trendle Broadcasting Corp., Detroit, Mich. — .Au¬
thority to determine operating power by direct method.

1300 Kilocycles

W.ASH — King-Trendle Broadcasting Corp., Grand Rapids, Mich. —
.Authority to determine operating power by direct method.

WOOD — King-Trendle Broadcasting Corp.. Grand Rapids, Mich. —
.Authority to determine operating pow'er by direct method.

1310 Kilocycles

WIB.A — Badger Broadcasting Co., Inc., Madison, Wis. — .Authority
to determine operating power by direct method.

WRR — City of Dallas, Texas. Dallas, Tex. — Modification of con¬
struction permit (B3-P-2229) for new equipment, increase
in pow'er, move of transmitter, and installation of direc¬
tional antenna for night use, requesting extension of comple¬
tion date from 6-30-41 to 9-30-41.

1320 Kilocycles

W.ATR — The W.ATR Company, Inc,, Waterbury, Conn. — Modifi¬
cation of construction permit (Bl-P-3032) for increase
in power, installation of new transmitter, and changes in
directional antenna for day and night use, requesting changes
in directional antenna and extension of commencement and
completion dates from 6-22-41 and 12-22-41 to 30 days after
grant and 180 davs thereafter respectively.

WEBC — Head of the Lakes Broadcasting Co., Duluth. Minn. —
.Authority to determine operating power by direct method,
auxiliary transmitter.

1340 Kilocycles

KCKN — The KCKN Broadcasting Co., Kansas Cit\’. Kans. —
.Authority to determine operating power by direct method.

KCRJ — Central .Arizona Broadcasting Co., Jerome, .Ariz. — .Au¬
thority to determine operating power by direct method.

KFPL — C. C. Baxter, Dublin. Tex. — Construction permit for au¬
thority to make changes in tubes in last radio stage.

KFYO — Plains Radio Broadcasting Co., Lubbock. Texas. — .Au¬
thority to determine operating power by direct method.

KROS — Clinton Broadcasting Corp., Clinton, iowa, — Modification
of construction permit (B4-P-1907) for a new station, re¬
questing approval of antenna, approval of transmitter and
studio sites, and installation of new type transmitter.

June 13, 1941 — 529

KSUB — Southern Utah Broadcasting Co., Cedar City, Utah. — Au¬
thority to determine operating power bv direct method.

WAIR— C. G. Hill, George D. Walker & Susan H. Walker, Winston-
Salem, N. C. — Authority to determine operating power by
direct method.

WCMI — The Ashland Broadcasting Co., Ashland, Ky. — Authority
to determine operating power by direct method.

WDMJ — Lake Superior Broadcasting Co., Marquette, Mich. — Au¬
thority to determine operating power by direct method.

WGH — Hampton Roads Broadcasting Corp., Newport News, Va. —
Authority to determine operating power by direct method.

WJMA — John and Marcia Arrington, d/b as Arrington and Arring¬
ton, Covington, Va. — License to cover construction permit
(B2-P-3066) for a new station.

WJMA — John and Marcia Arrington, d/b as Arrington and Arring¬
ton, Covington, Va. — Authority to determine operating power
by direct method.

WSOY — Commodore Broadcasting, Inc., Decatur, Ill. — Authority
to determine operating power by direct method.

1350 Kilocycles

KID — KID Broadcasting Co., Idaho Falls, Idaho. — Authority to
determine operating power by direct method.

1360 Kilocycles

KMO — Carl E. Haymond, Tacoma, Wash. — Authority to determine
operating power by direct method.

WKAT — A. Frank Katzentine, Miami Beach, Fla. — License to cover
construction permit (B3-P-3120) to use formerly licensed
W. E. 310-B, 250-watt transmitter as auxiliary and install
new crystal oscillator.

WKAT — A. Frank Katzentine, Miami Beach, Fla. — Authority to
determine operating power by direct method.

1380 Kilocycles

WAWZ — Pillar of Fire, Zarephath, N. J. — -Authority to determine
operating power by direct method.

WAWZ — Pillar of Fire, Zarephath, N. J. — Construction permit to
install new transmitter and increase power from 1 KW day
and night to 1 KW night, S KW day, directional antenna
for day and night use.

WMBG — Havens & Martin, Inc., Richmond, Va. — Construction
permit for changes in directional antenna system, for night
use only. (Modified license granted for S KW, subject to
filing this application.)

1390 Kilocycles

KLPM — John B. Cooley, Minot, N. D. — Authority to determine
operating power by direct method.

WTJS — The Sun Publishing Co., Inc., Jackson, Tenn. — Modifica¬
tion of construction permit (B3-P-2S2S) as modified, for
change in frequency, increase in power, and installation of
directional antenna for night use and new transmitter, re¬
questing authority to change type of transmitter and extend
completion date 180 days after grant.

1400 Kilocycles

Air-Waves, Inc., Baton Rouge, La. — Construction permit for a
new broadcast station to be operated on 1400 kc., 250 watts,
unlimited time.

KEVR — Evergreen Broadcasting Corp., Seattle, Wash. — Authority
to determine operating power by direct method.

KFGQ — Boone Biblical College, Boone, Iowa. — Authority to de¬
termine operating power by direct method.

KFPW — Southwestern Hotel Co., Fort Smith, Ark. — -Authority
to determine operating power by direct method.

KRE — Central California Broadcasters, Inc., Berkeley, Calif. —
Authority to determine operating power by direct method.

KTOK — Oklahoma Broadcasting Co., Inc., Oklahoma City, Okla. —
Authority to determine operating power by direct method.

KTUC — Tucson Broadcasting Co,, Tucson, Ariz. — Authority to
determine operating power by direct method.

KWLK — Twin City Broadcasting Corp., Longview, Wash. — Au¬
thority to determine operating power by direct method.

WBLK — Charleston Broadcasting Co., Clarksburg, W. Va. — -Au¬
thority to determine operating power by direct method.

WBTM — Piedmont Broadcasting Corp., Danville, Va. — -Authority
to determine operating power by direct method.

530 — June 13, 1941

WHDF — Upper Michigan Broadcasting Co., Calumet, Mich. — •
-Authority to determine operating power by direct method.

WJLB — John L. Booth Broadcasting, Inc., Detroit, Mich. — Au¬
thority to determine operating power by direct method.

WKPT — Kingsport Broadcasting Co., Inc., Kingsport, Tenn. —
Authority to determine operating power by direct method.

WRDO — WRDO, Incorporated, Augusta, Maine — Authority to
transfer control of corporation from Adeline B. Rines,
Executrix of the last will and testament of Henry P. Rines,
Deceased, to Adeline B. Rines (100 shares).

WSRR — Stephen R, Rintoul, Stamford, Conn. — Modification of
construction permit (Bl-P-2789) for a new station, request¬
ing approval of transmitter site and antenna. Amended:
to change requested location of transmitter from Barrett St.,
Stamford, Conn., to Lindstrom Road, Stamford, Conn.

1440 Kilocycles

WSFA — Montgomery Broadcasting Co., Inc., Montgomery, Ala. —
Authority to determine operating power by direct method.

W.AAB — The Yankee Network, Inc., Worcester, Mass. — Construc¬
tion permit to increase power from 1 KW to 5 KW, install
new transmitter and directional antenna for day and night
use, move transmitter from Quincy, Mass., to Paxton, Mass,,
and move studio from Boston, Mass., to Worcester, Mass.

WA.AB — The Yankee .Network, Inc., Boston, Mass. — Authority to
determine operating power by direct method.

WHIS — Daily Telegraph Printing Co., Bluefield, W. Va. — Authority
to determine operating power by direct method.

KGNC — Plains Radio Broadcasting Co., Amarillo, Texas. — Au¬
thority to determine operating power by direct method,

1450 Kilocycles

Dyke Cullum, Washington, D. C. — Construction permit for a new
broadcast station to be operated on 1450 kc., 250 watts with
100 watt amplifier, unlimited time. Facilities of WWDC.

Forward Wheeling Radio Corp., Wheeling, W. Va. — Construction
permit for a new broadcast station to be operated on 1450
kc., 100 watts, unlimited time.

KWBG — The Nation’s Center Broadcasting Co., Inc., Hutchinson,
Kans. — Authority to determine operating power by direct
method.

KFAM — The Times Publishing Co., St. Cloud, Minn. — Authority
to determine operating power by direct method.

KVAK — Carl Latenser, Atchinson, Kans. — Authority to determine
operating power by direct method.

KXL — KXL Broadcasters, Portland, Ore. — Authority to determine
operating power by direct method.

WGNC — F. C. Todd, Gastonia, N. C. — Authority to determine
operating power by direct method.

WHEN — Blanfox Radio Company, Harlan, Ky. — Authority to
determine operating power by direct method.

WHLN — Blanfox Radio Company, Harlan, Ky. — License to cover
construction permit (B2-P-288S) as modified for a new
station.

WHLS — Harmon LeRoy Stevens and Herman LeRoy Stevens,
d/b as Port Huron Broadcasting Co., Port Huron, Mich. —
Authority to determine operating power by direct method.

WMFJ— W. Wright Esch, Daytona Beach, Fla. — Authority to de¬
termine operating power by direct method.

WMSD — Muscle Shoals Broadcasting Corp., Muscle Shoals City,
Ala. — Authority to determine operating power by direct
method.

woe — Tri-City Broadcasting Co., Davenport, Iowa. — Authority
to determine operating power by direct method.

WPAR — Ohio Valley Broadcasting Corp., Parkersburg, W. Va. —
Authority to determine operating power by direct method.

1480 Kilocycles

KTBS — Tri-State Broadcasting System, Inc., Shreveport, La. —
Construction permit to change frequency from 1480 kc. to
K)60 kc., change power from 1 KW to 5 KW night and
10 KW day, install a new transmitter, install directional
antenna for night use, and move transmitter. Amended:
to change requested location of transmitter.

KTBS — Tri-State Broadcasting System, Inc., Shreveport, La. —
Authority to determine operating power by direct method.

1490 Kilocycles

KBIX — Oklahoma Press Publishing Co., Muskogee, Okla. — License
to cover construction permit (B3-P-3112) for new trans¬
mitter, increase in power, and new frequency under N-ARBA.

KPLT — North Texas Broadcasting Co., Paris, Texas. — Authority
to determine operating power by direct method.

KTOH — Garden Island Publishing Co., Ltd., Lihue, Hawaii. —
Authority to determine operating power by direct measure¬
ment of antenna power.

KVWC — Northwestern Broadcasting Co., Vernon, Texas. — Au¬
thority to determine operating power by direct method.

KXO — Valradio, Incorporated, El Centro, Calif. — Authority to
determine operating power by direct method.

WMRF — Valradio, Incorporated, El Centro, Calif. — Authority to
determine operating power by direct method.

WMRF — Lewistown Broadcasting Co., Lewistown, Pa. — License
to cover construction permit (B2-P-2977) as modified for a
new broadcast station.

WNLC — Thames Broadcasting Corp., New London, Conn. — Au¬
thority to determine operating power by direct method.

WSYB — Philip Weiss, tr. as Philip Weiss Music Co., Rutland, Vt. —
Authority to determine operating power by direct method.

WTMV — Mississippi Valley Broadcasting Co., Inc., East St. Louis,
Ill. — Authority to determine operating power by direct
method.

WWSW — Walker and Downing Radio Corp., Pittsburgh, Pa. —
Authority to determine operating power by direct method.

WWSW — Walker and Downing Radio Corp., Pittsburgh, Pa. —
Authority to determine operating power by direct method
(auxiliary transmitter).

1590 Kilocycles

WALB — Herald Publishing Co., Albany, Ga. — Modification of con¬
struction permit (B3-P-2774) as modified, for a new broad¬
cast station, requesting changes in directional antenna for
night use, and extension of commencement and completion
dates from 3-8-41 and 6-6-41 to 1 day after grant and
2 days thereafter respectively.

1600 Kilocycles

WWRL — Long Island Broadcasting Corp., Woodside (L. L), N. Y.
— Authority to determine operating power by direct method.

FM APPLICATIONS

K4SLA — Don Lee Broadcasting System, Los Angeles, Calif. —
Modification of construction permit (BS-PH-26) as modi¬
fied for a new high frequency broadcast station, requesting
extension of commencement and completion dates from
12-31-40 and 6-30-41 to 60 days after grant and 180 days
thereafter, respectively.

W2XCB — Columbia Broadcasting System, Inc., Portable-Mobile. —
Modification of construction permit (Bl-PVB-46) as modi¬
fied for new television relay station, requesting extension
of completion dates from 7-7-41 to 1-7-42.

W6XLA — Television Productions, Inc., Portable-Mobile. — Modi¬
fication of construction permit (BS-PVB-73) for a new tele¬
vision station, requesting extension of commencement and
completion dates from l-lS-41 and 7-15-41 to 6-15-41 and
10-15-41, respectively.

W9XCB — Columbia Broadcasting System, Inc., Chicago, Ill. —
Modification of construction permit (B4-PVB-74) for a new
television station, requesting extension of completion date
from 7-15-41 to 1-15-42.

W39B — The Yankee Network, Inc., Sargents Purchase, N. H. —
Modification of construction permit (Bl-PH-13) for a new
high frequency broadcast station, requesting changes in an¬
tenna system and extension of commencement and com¬
pletion dates from 12-31-40 and 6-30-41 to 60 days after
grant and 180 days thereafter, respectively.

W75C — The Moody Bible Institute of Chicago, Chicago, Ill. —
Modification of construction permit (B4-PH-S) for a new
high frequency broadcast station, requesting change in cover¬
age from 10,800 to 10,950 square miles and change in an¬
tenna system.

MISCELLANEOUS APPLICATIONS

Birney Imes, Tupelo, Miss. — Construction permit for a new broad¬
cast station to be operated on 1240 kc., 250 watts, unlimited
time. Amended: To change requested frequencv from

1240 kc. to 1490 kc.

WQBC — Delta Broadcasting Co., Inc., Vicksburg, Miss. — Modifi¬
cation of license to change frequency, power, and hours of
operation from 1390 kc., 1 KW, daytime, to 1470 kc., 500
watts nighttime, 1 KW daytime, unlimited time.

Don Lee Broadcasting System, Berkeley, Calif. — Construction per¬
mit for a new high frequency broadcast station to be
operated on 43500 kc.; coverage, 3,080 square miles; popu¬
lation, 1,428,331. Amended: To change transmitter site,
make changes in antenna system, change coverage to 18,050
square miles and population to 1,098,612.

King-Trendle Broadcasting Corp., Detroit, Mich. — Construction
permit for a new high frequency broadcast station to be
operated on 47300 kc. ; coverage, 6,900 square miles; popu¬
lation, 2,564,008. Amended: To change coverage to 6,750
square miles and population to 2,674,580,

The La Crosse Tribune Co., east of La Crosse, Wis. — Construc¬
tion permit for a new high frequency broadcast station to
be operated on frequency of 46500 kc.; coverage, 4,520
square miles; and population, 166,600.

National Broadcasting Co., Inc., New York, N. Y. — Authority to
transmit programs to a foreign country; CMQ, Havana,
Cuba, via International Broadcast Stations WRCA and
WNBL* PROGRAM — Recorded Spanish translation of the
previous night’s news commentary by Raymond Gram
Swing on Monday, Tuesday, Wednesday, Thursday, and
Saturday evenings from 7:00 to 7:15 p, m., EST.

Tri-State Broadcasting Co., Inc., Portable-Mobile. — Construction
permit for a new relay broadcast station to be operated on
1622, 2058, 2150, and 2790 kc., 50 watts, A3 emission.

The Sun Company of San Bernardino, California, Crestline, Calif.
— Construction permit for new high frequency broadcast
station to be operated on 44100 kc. ; coverage, 17,101
square miles; population, 803,524.

R. M. Wallace and G. E. Schnibben, d/b as Norfolk County
Broadcasting Co., Norfolk, Va. — Construction permit for
a new broadcast station to be operated on 1490 kc., 250
watts, unlimited time, contingent on WBOC going to
1230 kc.

KAOY — Don Lee Broadcasting System, Portable-Mobile. — Modi¬
fication of construction permit (B5-PRE-297) as modified,
for a new relay broadcast station, requesting change in
type of transmitter and extension of commencement and
completion dates from 12-23-40 and 6-21-41 to 60 days
after grant and 180 days thereafter, respectively.

KGDM — E. F. Peffer, Stockton, Calif. — Construction permit to
change frequency from 1130 to 1140 kc., change hours of
operation from daytime to unlimited time, using 1 KW
day and night, and install directional antenna for night use.

WCBJ — Lehigh Valley Broadcasting Co., Portable-Mobile. —
License to cover construction permit (B2-PRY-231) for a
new relay broadcast station.

WNBI — National Broadcasting Co., Inc., Bound Brook, N. J. — ■
Modification of construction permit (Bl-PIB-28) as modi¬
fied for change in frequencies, equipment and increase in
power, requesting extension of completion date from 6-19-41
to 8-6-41.

* NBC studios at 30 Rockfeller Plaza, N. Y.

FEDERAL TRADE
COMMISSION ACTION

COMPLAINTS

Federal Trade Commission has alleged unfair competition against
the following firms. The respondents will be given an opportunity
to show cause why cease and desist orders should not be issued
against them.

Electro-Healtli Appliance Co., 2709^ West 7th St., Los An¬
geles, has been served with a complaint alleging misrepresentation
in the sale of its “Electro-Health Short Wave Diathermy” device,
intended for use in treating diseases.

June 13, 1941 — 531

The complaint alleges that in newspaper, radio and other ad¬
vertising matter the respondent has represented that its apparatus
may safely be used by the unskilled lay public in treating self-
diagnosed diseases and ailments by individual self-application in
the home without professional supervision. According to the com¬
plaint, the respondent has represented that its device is a scien¬
tific, safe, harmless and effective means for treating rheumatism,
arthritis, sinus, hay fever, laryngitis, neuritis, high blood pres¬
sure and some thirty other diseases and pathological conditions,
and that use of the device will have no ill effects upon the user.

The complaint alleges that the individual self-application of the
respondent’s device by unskilled persons in the home, either under
conditions prescribed in the advertisements or under customary or
usual conditions, will not accomplish the results claimed and is not
a scientific, safe, harmless or effective means for treating the ail¬
ments or conditions mentioned.

Pointing out that there are man\- diseases and conditions in
which diathermy is contra-indicated and in which its use will
aggravate the disease and be injurious to health, the complaint
charges that the advertisements disseminated by the respondent
are false in that they fail to reveal that use of the device under
customary conditions, or under conditions prescribed in the adver¬
tisements, may result in serious and irreparable injury to health,
and in that they fail to conspicuously reveal that the device may
be safely used only after a competent medical authority has
determined, as a result of diagnosis, that diathermy is indicated,
and has prescribed the frequency and amount of application, and
the user has been adequately instructed by a trained technician
in the operation of the device. (4501)

(Jraphic .\rt.s Clul) of ('liarlofto, Inc. — .\ complaint has been
issued charging the Graphic Arts Club of Charlotte, Inc., Charlotte,
N. C., its officers and directors and 14 member commercial print¬
ing companies in Charlotte, with entering into and carrying out
agreements, combinations and conspiracies to suppress competi¬
tion and create monopoly by fixing and maintaining uniform
prices and discounts in the interstate sale of printed products.

The complaint charges that pursuant to their agreements and
combinations the respondents fixed and maintained uniform prices
and discounts and other terms and conditions for the sale by the
respondent members of their printed products, including stationery
and forms and paper upon which printing or engraving has been
effected.

.'\ccording to the complaint, respondent officers, who arc also
directors of the club, are: Fred H. Plexico, president; Norman
Foust and Elliott Hall, vice presidents; James Webb, secretary;
William S. Wallace, treasurer, and Albert Stowe Blankenship,
executive secretary, all of Charlotte. Other respondents, who
served at various times during 1940 as directors, are; .41f .\stcn.
Banks R. Cates, Steve Kokenas, W. W. Kale, and Haines Lassiter.
Stephen G. Roszell, Savannah, Ga., who served as executive secre¬
tary of the respondent club from March to October, 1940, is also
named a respondent.

The complaint points out that the respondent club and its
responflent officers and directors and the respondent Roszell.
while not in their official capacities, engaged in commerce, aided
and abetted and were instrumentalities of and parties to some
or all of the understandings and agreements alleged.

.\ccording to the complaint, representative “active” or “regular”
members of the respondent club are: Roy T. Barbee, trading as
R. T. Barbee Co.; F’. William Cullingford, trading as Commercial
Printing Service; John Goines, C. Goines and Charles Goincs,
trading as Economy Printing Co.; The Herald Press, Tnc.; Huney-
cutt Printing Co., Inc.; Ivey Printing Co.. Inc.; Kalc-Lawing;
Lassiter Press, Inc.; The Observer Printing House, Inc.; Pound
and Moore Co.; F'red H. Plexico, trading as R. & W. Printing Co ;
.S.'imuel L. Rush. Sr., and James Webb, trading as Rush Printing
Co.; Standard Printing Co.; and Washburn Printing Co., Inc., all
of Charlotte, N. C. (4517)

International Farts ('orporatioii. 1814 South Michigan .\ve..
Chicago, is charged, in a complaint, with misrepresentation in the
sale of replacement mufflers for use on automobiles.

The complaint alleges that in catalogs, pamphlets and other
printed matter the respondent represents that its mufflers have
"Electric welded seams throughout — not locked, crimped or snot-
welded,” and that the occupant of a car equipped with a locked-
seam, crimped or spot-welded muftler is in danger of injury from

532 — June 13, 1941

carbon monoxide gas through leakage of exhaust gases through the
seam.

The complaint further alleges that the respondent’s mufflers are
in fact spot-welded. .According to the complaint, occupants of a
car equipped with a locked-seam, crimped or spot-welded muffler
are in no danger from carbon monoxide gas escaping from open¬
ings of the seam in the muftler as such methods of manufacture
produce seams equally as effective as that used by the respondent
in preventing the escape of exhaust gases. Eurthermore, the com¬
plaint alleges, the escape of exhaust gases through a defect in the
seam of the muffler on a car woulcl not place the occupants in
danger of carbon monoxide injury.

According to the complaint, the respondent also represents that
its mufflers increase gas mileage; that the baffle-plates in its
mufflers are a new engineering achievement ; that because of their
double-shell construction its mufflers are more efficient than those
offered for sale by other manufacturers and vendors; and that its
products are coated with a metallic finish which permanently
prevents rust and corrosion, when such are not the facts. (4513)

Master .Artists’ .Assoriatiun, Inr. — A complaint has been issued
charging Eugene M. Woolard, trading as Master Artists’ Associa¬
tion. Inc.. East St. Louis, Ill., and 12 business associates, with
violation of the Federal Trade Commission Act in the sale of
tinted or colored enlargements of photographs or snapshots and
the frames for such pictures.

The 12 associate respondents are; Walter O. Wyatt. Danville,
Ill.; Walter E. Sneed, Dahlgren, III.; Bessie Swanson, .Alexandria,
La.; L. E. Harrison and E. R. Malone, McLeansboro, Ill.; William
Nadeau, Dexter, Me.; G. D. Hill, Gilmer, Tex.; Caesar Morales,
San .Antonio, Tex.; Carl Rhine, D. Edwards and Eva Metcalf,
East St. Louis. III., and R. Mclsaac, .Arnold, Neb,

.According to the complaint the respondents, under the control
and direction of the respondent Woolard. and pursuant to various
understandings, agreements, combinations and conspiracies, visit
prospective customers in various parts of the country to sell the
respondents’ products, making various representations, among
which are that they are advertising agents of an association of
artists known as Master .Artists’ .Association, Inc. and that the
respondents’ products are “paintings”, “hand-painted portraits” or
“polychrome portraits” worth $30 or a like amount.

The complaint alleges that the respondents’ representations are
deceptive anrl misleading; that the Master .Artists’ .Association,
Inc., is not and never has been an art association but is a business
enterprise, and that the pictures sold by the respondents are not
portraits or paintings but cheap, quickly made photographic
enlargements.

The complaint further alleges that the respondents’ selling
methods are directed primarily at selling picture frames at ex¬
orbitant prices. .According to the complaint, they conceal from
purchasers at the time a “portrait” is ordered the fact that the
finished product will be delivered in a peculiar, convex form,
shape and size, and that it will be impossible for the customer
thereafter to obtain a frame to fit the “portrait” except from the
respondents and at prices which they fix.

The complaint charges that purchasers are given the impression
that photographs w'hich they loan the respondents for reproduction
will be returned upon delivery of the finished picture. However,
according to the complaint, the respondents, in many instances
where the purchaser refuses to buy a frame, retain the loaned
photograph and refuse to deliver the finished picture, regardless
of whether or not it has previously been paid for in full, until a
frame is ordered or a claimed balanced is paid in full. (4514)

Aliiiend Wells Crysfa! Frodiicers, Iiie. — A complaint has been
issued charging Mineral Wells Crystal Producers, Inc., of Mineral
Wells, Tex., with misleading representation in the sale of mineral
crystals intended for use in treating diseases.

.According to the complaint, the respondent advertises as fol¬
lows: “Mineral Wells Crystal Producers, Inc., Manufacturers,
Certified Mineral Wells Crystals”; “Made in Mineral Wells,
Texas”; “Made from Texas mineral water”; “Here’s to Health,
Use Certified Mineral Crystals”; “* * ”.

Through these and other representations, the complaint alleges,
the respondent represents that its mineral crystals are produced
exclusively from mineral W'ater obtained in its natural state from
the earth at or in the vicinity of Mineral Wells. Tex., and that
such product has been endorsed as to quality and fitness by some
governmental, scientific or other recognized agency empowered
and qualified to certify as to the product’s attributes.

The complaint charges, however, that the respondent’s product
is not processed from mineral water obtained in its natural state in
the Mineral Wells, Tex., vicinity, nor is it made directly from
Texas mineral water or any other natural mineral water. On the
contrary, according to the complaint, the preparation is produced
by mixing ordinary city water with commercial chemicals, heating
the solution until it reaches a proper gravity and then cooling the
concentrate in refrigerated compartments. The complaint alleges
that the product is not properly described as “Certified” because
it has not been endorsed by qualified authorities.

The complaint further alleges that the respondent’s use of the
words “Mineral Wells” as part of its corporate name constitutes
a false and misleading representation that its product is produced
from mineral water obtained from the wells at Mineral Wells,
Tex., which are favorably known for their mineral water contain¬
ing certain constituents. (4S12)

Parfuni L’Orle, Inc. — Charging unfair and deceptive practices
in the sale of perfumes and related products, a complaint has been
issued against Parfum L’Orle, Inc., 6 East 39th St., New York.

The complaint alleges that the respondent represents, directly or
by inference, through use of its corporate name “Parfum L’Orle,
Inc.,” and of French names for its perfumes and the names
“London” and “Paris,” in advertising or other printed matter, that
it is a French company; that it has offices and business connections
in London and Paris, and that its products are made or com¬
pounded in France and imported into the United States, when
in fact the respondent is not a French company and does not have
the foreign connections indicated, and its products are made in
the United States.

According to the complaint, the respondent’s sales plans in¬
clude the furnishing to dealer-customers of so-called “re-order
blanks” and other printed matter containing in parallel columns
a list of the French names of the respondent’s products opposite
a list of trade names of certain well known perfumes manufac¬
tured by others. The complaint alleges that the respondent has
attempted to show a marked similarity in odor between its own
products and the well known perfumes listed and that it uses
the parallel lists in a plan to fill orders for perfume with its own
products instead of the well known perfumes listed. (4S11)

CEASE AND DESIST ORDERS

Following cease and desist orders have been issued by the
Commission;

Altman Neckwear Corporation, 333 Fifth Ave., New York,
has been ordered to cease making misleading representations in
the sale of neckties and other similar merchandise.

Commission findings are that the respondent sells one style of
neckties labeled “Cherokee Indian Homespun Wool” with the
likeness of an Indian depicted thereon, when in fact these ties
are not made from materials woven or manufactured by the
Cherokee or any other Indians. Another style of tie is labeled
“Duo-Silk-All-0 Lined Throughout,” when in fact these ties are
not made entirely from silk but, instead, the tie materials consist
of a mixture of silk and rayon, usually with rayon predominating,
and with a lining of rayon and an interlining of wool or cotton.

The Commission order directs the respondent to cease using the
unqualified term “silk” or other terms of similar meaning to
designate any fabric or product not composed wholly of silk;
provided that such terms may be used as descriptive of the silk
content of fabrics or products composed in part of silk and in
part of other materials if accompanied in conspicuous type by
words truthfully designating each constituent fiber.

The respondent also is ordered to cease employing the term
“Duo-Silk-All-0” or other terms of similar meaning on labels
or otherwise to refer to fabrics or products not composed wholly
of silk.

The order further prohibits the advertisement or sale of neckties
or other products composed wholly or partly of rayon without
clearly disclosing the rayon content and, in the case of fabrics or
products composed partly of rayon and partly of other fibers or
materials, truthfully designating each constituent fiber or ma¬
terial including the rayon in equally conspicuous type.

The respondent is further directed to cease using the term
“Cherokee Indian Homespun Wool” or other terms of similar

meaning on labels or otherwise to describe a fabric or product
not woven or manufactured by the Cherokee Indians; to cease
employing any pictorial design of an Indian in connection with
descriptions of fabrics or products not woven or manufactured
by the American Indian, and to discontinue using the term “In¬
dian” or any term which includes it or any colorable simulation
thereof, or other term of similar meaning on labels or otherwise
to designate fabrics or products not made by the American
Indian. (4226)

Art-Web Mann far turiiig Co., Inc., 86 Meserole St., Brooklyn,
A. M. Webb & Co., Inc., 93 Worth Street, New York, and Leon
J. Isaacs and Jesse Kohn, officers and owners of the capital stock,
of the two corporations, have been ordered to cease and desist
from misleading representations in the sale of wearing apparel.

Commission findings are that the respondents sold polo shirts
labeled with the words “Edward VHI Sportwear ‘Fit for a King’ ”
surmounted by a pictorial representation closely simulating the
British Royal Crown. These products, according to findings,
were packaged in containers bearing similar wording, with a
depiction simulating the British Royal Crown and the word and
figures “Edward VIH”.

According to findings, during part of the time that the respond¬
ents were using these designations Edward VHI was King of Great
Britain. The labels used by the respondents represented and
implied approval of the respondents’ products by a member of the
British royal family and that the goods bearing the labels were
of English manufacture and imported into this country, when
such were not the facts.

The Commission order directs the respondents to cease using the
designation “Edward VIH”, either separately or in conjunction
with any pictorial representation simulating the British crown,
as a label for, or to designate or describe, any article of wearing
apparel; or otherwise representing or implying that such products
are of British manufacture, or imported from Great Britain, or
have the approval of or warrant from any member of the British
royal family. (3471)

Joseph Gluek & Co., Inc., 30S Seventh Ave., New York, im¬
porter and distributor or rugs, have been ordered to cease and
desist from violation of the Federal Trade Commission Act in the
sale of rugs.

Commission findings are that prior to about August IS, 1940, the
respondent had used the names “Kirman,” “Karavan,” “Mos-
soul,” and “Irak” and Oriental depictions to designate certain of
its rugs which closely resembled true Oriental rugs but which
neither were made by hand in the distinctive manner of the
true Oriental rug nor possessed all of its characteristics, and which
had been woven on power looms in French factories.

The Commission order directs the respondent to cease using the
words “Kirman,” “Karavan,” “Mossoul,” “Irak,” or any other
words or names indicative of the Orient, or pictorial representations
of a star and crescent simulating the Turkish emblem, or other
Oriental emblems, to designate rugs not made in the Orient and
which do not possess all the essential characteristics and struc¬
ture of the type of Oriental rug which they purport to be.
(4221)

Sol. Raphael, Inc., 333 Seventh Ave., New York, an importer
and distributor of rugs, has been ordered to cease and desist from
certain representations in the sale of his products.

The Commission order directs the respondent to cease using
the words “Khandah”, “Aristan”, “Karachi”, “Numdah”. “Cal¬
cutta”, “Burma”, “Daria”, “Damascus”, “Bagdad”, “Tamur”,
or “Chinese”, or any other words or names indicative of the
Orient, or pictorial representations or simulations of the Persian
coat of arms or other Oriental arms or of typically Oriental
scenes, to mark, describe or refer to rugs not made in the
Orient and not possessing all the essential characteristics and
structure of the type of Oriental rug which they purport to be.
(4205)

Stephenson Laboratories Trust, also trading as Stephenson
Laboratory, 5 Irvington St., Boston, has been ordered to cease and
desist from making misleading representations in the sale of licenses
to .manufacture foot supports and foot exercisers, and of corre¬
spondence courses in the treatment of foot troubles.

June 13, 1941 — 533

Commission findings are that the respondent represented in
periodical and circular advertisements that its devices, corrective
system and instruction are developed in and disseminated by a
“laboratory”; that persons of ordinary intelligence mastering its
courses are able to distinguish between surgical and non-surgical
foot conditions and cure all foot troubles not requiring operative
surgery, and that such students of its system can earn large in¬
comes, when such are not the facts.

The Commission order directs the respondent to discontinue
employing the term “Laboratory” or “Laboratories” or other
terms of similar meaning in its name or in any trade name which
it uses in the conduct of its business, or otherwise representing
that it maintains a laboratory in which its system of foot culture
or instruction courses in that subject were or are developed or
prepared.

The respondent is further ordered to cease representing that
its course will equip anyone with learning and proficiency
adequate to; (1) diagnose and determine whether or not foot
troubles require surgical treatment; (2) effectively and success¬
fully treat non-surgical foot troubles, regardless of the origin or
cause; and (.3) effectively and successfully treat foot troubles
w'hich may result from systemic causes, such as aching feet, ex¬
cessive or insufficient perspiration, foot neuralgia, painful heel,
and enlarged joints; or foot troubles w'hich may require operative
surgery, such as Morton’s toe, hammer toe, and bunions; or foot
troubles which require immobilization as a part of any com¬
petent treatment, such as stretched ligaments, exclusively by foot
supports and exercise.

The Commission order further directs the respondent to cease
representing that any purchaser who masters its correspondence
course is assured of a profitable business or will be able to obtain
trade without solicitation, delay, or expense. (3622)

Wood & Hyde Co., Gloversville, N. Y., manufacturer of glove
leathers, has been ordered to cease and desist from violation of
the Federal Trade Commission .4ct in the sale of its products.

Commission findings are that the respondent uses the trade name
“Kinkid” in connection with branding, labeling and advertising
part of its products made from “capeskin” and “cabretta” sheep¬
skin leathers; that many of its best pieces of leather sold and
shipped to glove manufacturers bear the “Kinkid” label; that
various glove manufacturers using the respondent’s glove leathers
are supplied with “Kinkid” transfer stamps for stamping the
name “Kinkid” on the inside of gloves manufactured by them
from such products, and that the respondent’s use of the name
"Kinkid” tends to lead consumer-purchasers into believing that
such gloves are made from genuine kidskin.

The Commission order directs the respondents, in connection
with the sale of glove leathers and other similar products, to
cease and desist from using the word “Kid” or other words of
similar meaning, alone or in combination with any other words,
in advertising or otherwise, to describe or refer to any leather
product which is not made from the skin of a young goat; and
to cease employing the term “Kinkid” or any other term which
includes the word “Kid” or any colorable simulation of it, or using
other terms of similar meaning on labels or otherwise, to designate
or refer to any leather product not made from the skin of a
young goat. (4235)

STIPULATIONS

The Commission has entered into the following stipulations:

Adolph’s Heaiity Products ('o. — Adolph R. Phillips and Daniel
B. Scott, Jr., trading as Adolph’s Beauty Products Co., 330
North S5th St., Philadelphia, entered into a stipulation to cease
advertising that their preparation “Formula-X,” consisting of
tw'o mcflicinal preparations known as “P'ormula-X Liquid” and
“Formula-X Pomade,” will cause hair to grow or is of value in
the treatment of dandruff and eczema in excess of temporarily
relieving itching, and that this product is of value in the treat¬
ment of falling or brittle hair. The respondents further agree
to cease and desist from disseminating any advertisement of
P'ormula-X Liquid which fails to reveal that unless used in
specified proper dilution it would cause a marked local infiama-
tion or other injury. The stipulation provides, however, that the
advertisement need contain only a statement that the preparation
should be used only as directed on the label, if the label contains
the proper cautionary language. (02802)

534- June 13, 1941

C’lirtis Furniture Co., 20th St. and 6th Ave., New York,
stipulated that in connection with the advertisement or sale of
furniture it will cease representing that such product is “hand-
constructed” or “hand-carved”, or that it is manufactured by the
respondent corporation when in fact such products have been
made by others either complete or complete except as to the
upholstering. The stipulation recites that the respondent's furni¬
ture is not hand-constructed, but is merely finished by hand.
(3125)

liUeky Tiger IMamifaeuriug (’o.. Sixth and Delaware Sts.,
Kansas City, Mo., entered into a stipulation to cease advertising
that either of its products known as “Lucky Tiger” and as “Lucky
Tiger with Oil” removes the cause of dandruff or has therapeutic
value in treating it in excess of temporary removal of loose dandruff
scales; that either product will permanently stop scalp itching;
that either preparation, as a part of the respondent’s “Sulpho-Olive
Treatment,” will reduce or prevent the loss of hair or eliminate or
end scalp disorders, and that no competitive product will produce
like results. The respondent further agrees to cease representing
that “Lucky Tiger” removes the cause of or cures dry hair or that
“Lucky Tiger with Oil” removes the cause of, cures or affects this
condition other than by supplementing with oil to relieve the con¬
dition temporarily. (02801)

Midget Radio Co. — VV. P. Beshore, C. S. Beshore, 1). L. Beshore
and P. S. Beshore, co-partners trading as Midget Radio Co., Kear¬
ney, Nebr., entered into a stipulation to cease certain representa¬
tions in the sale of radio sets. The stipulation is supplemental to
one accepted by the Commission in July, 1937, from Tinytone
Radio Co., a corporation formerly owning and operating the busi¬
ness and in w’hich the respondent co-partners were officers or
directors.

Under the supplemental stipulation the respondents agree to
cease representing that their crystal type of midget or pocket radio
receiving set is other than a crystal or crystal type set or is “wire¬
less”; that the dial of this radio is of such luminosity as to be
visible in the dark, or will afford perfect tuning; that this radio
is guaranteed, without setting forth all essential terms and condi¬
tions; that this radio, as newly designed, weighs but four ounces or
is smaller than the ordinary cigarette package; and that all com¬
petitive crystal radio sets with walnut cabinets are of the same
quality and value, or that any of such sets retailing for more than
69 cents are necessarily excessively priced.

The respondents further agree to cease making any statements
which misrepresent the quality or value of competitive sets or
which otherwise falsely disparage such sets. (01798)

Montgomery Ward & (’o., Chicago, entered into a stipulation
to cease certain representations in the sale of “Wards Supreme Elec¬
tric Fence Controller” and “Wards Standard Electric Fence Con¬
troller.”

Linder its stipulation, the respondent agrees to cease representing
that the use of its electric fence controllers is a positive or certain
method of confining livestock or that use of these devices will pre¬
vent the escape of livestock under all conditions, and that the
respondent’s electric fence controllers or fences require no atten¬
tion, care or maintenance service.

The respondent corporation further agrees to desist from adver¬
tising that the use of its controllers will effect any stated amount
or percentage of saving in “farm fencing costs” as compared with
the costs of other types of fences, without stating the type or types
of fence used as a basis for such comparison, and without taking
into consideration in such comparison all costs including both
initial costs and costs of maintenance.

The respondent also agrees to cease representing that all parts
necessary for construction of an electric fence cost two cents a rod
or any other amount less than the actual cost of construction,
and that its electric fence controllers automatically adjust voltage,
amperage or time interval of the electrical charge in a fence neces¬
sary for varying conditions of operation. (02797)

Ne-Wa-Te Company — Oscar K Fox and W. Harvey Patterson,
trading as Ne-Wa-Te Co., Greenville, S. C., has entered into a
stipulation to cease representing that “Ne-Wa-Te Native Herbs”
is an effective treatment or competent remedy for stomach, liver
and kidney diseases and other ailments, and that the use of the

preparation will help to avoid appendicitis, catarrh, fevers, asthma,
indigestion and other ailments or any other affliction or condition
except as a purgative or laxative which should be sold with a
caution notice. The respondents also agree to discontinue repre¬
senting as the customary prices of their product prices which are
fictitious and in excess of the regular prices. (3123)

Paramount Hosiery Co. — Holland E. Shoaf and Robert Shoaf,
trading as Paramount Hosiery Co., Lexington, N. C., entered into
a stipulation to cease certain representations in the sale of hosiery,
lingerie, or other textile fabrics.

The respondents agree to cease using the words “Silk,” “Satin,”
“Crepe,” “Chiffon,” or other silk-connoting words to describe a
product not composed of silk, and, when the silk content of a
product consisting partly of silk and partly of other fibers or
material is properly described by the word “Silk” or other silk-
connoting word, to accurately designate each constituent fiber or
material in equally conspicuous type in the order of its predomi¬
nance by weight.

Under their stipulation, the respondents further agree to cease
advertising, branding, labeling, invoicing or selling products com¬
posed wholly or partly of rayon without clearly disclosing the rayon
content by use of the word “Rayon,” and without disclosing in type
equally conspicuous as the word “Rayon” each constituent fiber in
the order of its predominance by weight when a product consists
partly of rayon and partly of other fibers or materials.

The respondents also stipulate that they will cease quoting fic¬
titious prices which exceed their customary prices as the value of
their products, and will discontinue using the word “slightly” as
modifying the word “imperfect” or in any manner so as to imply
that imperfections in hosiery or other wearing apparel are slight or
negligible when, in fact, they are such as to be improperly referred
to by the word “slightly.” (3126)

Kay Products Co. — Marvin W. Ray, trading as Ray Products
Co., 80 Federal St., Boston, stipulated that he will cease advertising
his preparation for treating hosiery and lingerie and known as
“Marv-Ray” as being a mysterious new preparation or new dis¬
covery. The respondent further agrees to cease representing that
“Marv-Ray” stops runs in women’s hosiery or banishes forever
the fear that hosiery will run; that it makes hosiery more elastic,
splash-proof or fade-proof, and that one treatment lasts the life¬
time of the hose. The respondent also stipulates that he will cease
representing in any manner that he owns and operates a laboratory.
(02803)

Paul Rieger & Co., trading as Dorothy Boyd Art Studios,
220-230 Commercial St., San Francisco, selling pajamas, kimonos
and other apparel for women, entered into a stipulation to cease
using the words “Silk,” “Silk Crepe,” “Silk Pongee,” or “Satin,”
alone or in combination with other words of similar meaning to
describe any fabric or other product not composed wholly of silk.

The stipulation provides that such terms may be used to describe
the silk content of fabrics or products composed in part of silk
and in part of other materials if they are accompanied in con¬
spicuous type by words truthfully designating each constituent
fiber or material. The respondent further agrees to cease repre¬
senting that it imports any article, when such is not a fact. (02799)

John Sliea Co., trading as Shea Feed Stores, S3 Railroad St.,
Lawrence, Mass., entered into a stipulation to cease advertising
that the feeding of “New England Economy Laying Mash” to
hens will cause the resulting eggs to be better tasting, larger, better
shelled or more uniform in color, than eggs produced when hens
are fed other similar products. The respondent further agrees to
desist from representing that the feeding of this mash will develop
a proper gizzard or purify the entire svstem of the bird and will
produce high gear egg production at all times. (02800)

United Radio Co., Herman Lubinsky, 58 Market St., Newark,
N. J., stipulated that in the sale of radio accessories he will cease
representing by any specified sum or in any other manner that
the regular price of any product is any amount in excess of the
price for which the article is regularly sold; that the price of any
article is a special price when in fact it is the regular price, and
that any article cannot be purchased elsewhere for less than the
represented amount, when such is not a fact. The respondent
Lubinsky further agreed that when the former price of an article
is quoted, he will with equal conspicuousness disclose the fact
that such price was the price of the article before it became
obsolete. (02798).

Waltliain Pen Co. — Joseph Starr and William Starr, co-partners
trading under the names Starr Pen Co., and Waltham Pen Co.,
300 West Adams St., Chicago, have entered into a stipulation to
cease certain representations in the sale of fountain pens.

According to their stipulation, the respondents adopted the
name “Waltham Pen Co.” as one of their trade names and used
the name “Waltham” in a manner tending to cause the belief that
their “Waltham” fountain pens were manufactured and guaran¬
teed by the Waltham Watch Co., well known watch manufacturer.

Under their stipulation, the respondents agree to cease using
the word or name “Waltham” in connection with or as part of
their trade name or as a brand or label for fountain pens, and
to desist from the issuance and dissemination of “Life Time Serv¬
ice” certificates or “Guaranteed for Life” certificates as pertaining
to such merchandise ; or the designation of any representation or
agreement as a guarantee, guaranty or warranty which involves
a service charge or calls for payment of additional money by the
purchasers of the merchandise.

The respondents further agree to cease using purported retail
selling prices which are fictitious and in excess of the customary
prices asked for the pens, and to discontinue representing that the
respondents manufacture such pens. (3124)

June 13, 1941 — 5 3 5

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SPECIAL—

Senate Interstate Commerce Committee Hearings on White Resolution

1626 K STREET, N. W.

WASHINGTON, D. C.

JUNE 16, 1941

SENATOR WHEELER SAYS RADIO LAW SHOULD BE AMENDED

Senator Wheeler, Chairman of the Senate Committee
on Interstate Commerce, during testimony today before
the Committee by William S. Paley, president of the
Columbia Broadcasting System, said he thinks the radio
law ought to be amended and intimated that a new bill
might be introduced. He suggested that a way might be
found through court procedure for staying the effective
date of the new FCC rules.

For several weeks the Committee has been holding
hearings on a resolution to investigate the broadcasting
industry introduced by Senator White, of Maine, follow¬
ing promulgation by the Federal Communications Com¬
mission on iMay 2 of regulations drastically affecting
network broadcasting.

“What’s the Rush Here?”

In his testimony, Mr. Paley pointed out that there
is no wide-spread public demand for any such radical
procedure as that followed by the FCC, and said the in¬
dustry is asking, “What’s the rush here?”

He reminded the Committee that the Federal Commu¬
nications Act was passed 14 years ago and that in the
meantime radio broadcasting in the United States had
grown swiftly in national importance. Now, he asserted,
the FCC has decreed new rules, effective 90 days from
the date of promulgation, and that he and his associates,
“were at a loss as to how to operate a network successfully”
under them.

Senator Wheeler said he did not want to be understood
as agreeing entirely with the Commission’s report, in which
the new rules were embodied. He agreed there was need
of clearing up some points in the present radio law. If a
new bill is introduced, he added, there would be hearings
on it. If there are any objections to points in the law,
the industry could appear so that all such points would
be threshed out.

iMr. Paley declared he was appearing primarily to urge
that Congress enact a new radio law.

Paley’s Suggestions for Legislation

“There are four things,” he asserted, “that I think it
is most important to have in that new law:

“First of all, I think that radio networks should be
licensed by the Commission.

“S>.cond, I think fairness in dealing with controversial

questions and with news, already voluntarily adopted as
the code of practice by the vast majority of networks and
stations, should be made a condition to having or holding
a network license or a station license.

“Third, I think the powers and duties of the Commis¬
sion should be very much better defined than they are
today, so that the Commission will know exactly what
the Congress desires it to do and so that we broadcasters
will know exactly what it is empowered to direct us to do.

“Fourth, I think, because of the grave danger of a
Commission abusing the licensing power over the most
important single means of mass communication in Amer¬
ica with the inevitable ultimate effect of destroying free¬
dom of the air, there should be a Commission divorced
from the common carrier field, with which the regulation
of broadcasting is now intertwined. Also there should be
clear and specified provisions for proper judicial review
which cannot be evaded by subtle legal technicalities
either by the Commission or by any broadcaster.”

Need for Licensing Networks

On licensing of networks, i\Ir. Paley recalled that no
one foresaw when the radio law was first enacted that
network broadcasting would become such a major part
of radio in the F^nited States. So swiftly has broadcasting
developed, he said, that the 14 years since the law was
enacted “may well be the equivalent of 50 years in an
older and less dynamic industry.”

Radio’s popularity both with the listening audience and
with advertisers shows, he added, that it has developed
along the lines most acceptable to the American radio
audience.

“While all this has been happening,” Mr. Paley asserted,
“the Commission seems to have been obsessed in its
whole thinking by the fact that it is radio stations and
not networks that hold the licenses. It seems to feel that
under the circumstances the success of the networks must
be in some way improper. From this they have gone on
to reason that virtually every practice which we in long
e.xperience have found to be essential is wrong and must
be stopped regardless of the effects on programs and the
public service.

“That is why I said to you at the very outset that I
think the time has come when the Congress should recog¬
nize the validity of networks and should license them.

“Once they are licensed it should cease to be fashion-

al)le in Commission circles to indicate that they are an
illegitimate factor in the industry or that in any sense
they are evading their responsil)ilities or inducing licensees
to evade theirs.”

Broadcasting has never been, Mr. Paley said, a recal¬
citrant or defiant industry, nor is it now. “We are per¬
fectly willing,” he added, “to abide by the decision of the
Congress if it will only make an unprejudiced e.xamina-
tion of all the facts and then tell us the answer. The
very fact that in the things it seeks to do right now the
Commission seems to find it necessary to slip through
the back door and strike at us through the licensing
power it holds over our affiliated stations is proof that
there is something inadequate in the statute itself.”

By being licensed under a properly drawn statute, the
status of the network, Mr. Paley believes, will be recog¬
nized and its rights safeguarded.

Fears Oppression

In regard to making fairness a condition to having or
holding a license, Islr. Paley pointed out that he had advo¬
cated this six years ago and added that he believes it
more emphatically now than then.

“If this policy is not set and implemented by the Con¬
gress, I fear, from what I have observed in the past few
years, that we will drift into an exercise of vague and
undetermined powers by the Commission. I can even
see conditions under which such vague powers can be
used by a Commission, however confident it may be in
the righteousness of its own intentions, as an instrument
of oppression and a threat to genuine freedom of the air.”

Powers and duties of the Commission should be better
defined, INIr. Paley stated, because “any responsible busi¬
ness would always rather obey a law than obey a man.

“Certainly there has been ample evidence that some
who have appeared here and the members of this Com¬
mittee itself differ on the meaning of the law and the
powers of the Commission. The Commission at times
seems tt) rely uj^on a vague phrase here and there in the
statute in seeking to exercise constantly broader powers.”

Not Common Carriers

His fourth recommendation, the need for divorcing the
Commission which administers the broadcasting law from
the administrative body dealing with common carriers,
such as the telephone and telegraph companies, has long
been apparent to some students of broadcasting, Mr.
Paley said.

“Congress,” he pointed out, “very wisely decreed in
the beginning that we were not common carriers subject
to the precise and minute kind of regulation appropriate
in that field. Yet a single group of men is now trying
every day to think one minute in terms of that kind of
common carrier regulation and in the next minute to
think about the mere licensing regulation of a non-carrier
which is in part a business and in part an art which deals
so incessantly with public affairs.

“The passage of the White resolution will give this
Committee and the Congress an opportunity to investi¬
gate and determine whether in the public interest there
should be a separation of these two fields of activity, one
calling for close and detailed regulation and the other
calling for a large measure of unrestricted freedom.”

As to judicial review, he said that “it does seem to me

that it should be possible and that it certainly is desirable
for Congress to make the legal rights in this field crystal
clear. There should not be any chicanery or evasion or
technical fencing in such an important matter.

“I do not believe that a sensible businessman today
wants to use the courts just to create delay. What he
really wants to do is to find out where he stands and to
know that there is reasonable protection against infringe¬
ment of his rights. That is all we ask in this respect,
and certainly the present Act does not seem to afford us
that much.”

In advocating network licensing and a new radio law,
Mr. Paley said he did not want to create the false im¬
pression he was suggesting the industry should be put
“into a strait-jacket of hampering and restricting regu¬
lation.”

The industry could neither grow nor render the fullest
public service in thal way, he added, and “the harm that
would be done to a medium of free expression and crea¬
tive programming would be far greater than any theoreti¬
cal good that might be accomplished.”

Saying that the Commission had come into being be¬
cause there had to be a “sort of traffic policing of the
air,” Mr. Paley asserted he thinks the new law should,
in effect, limit the Commission to three things:

“1. To doing this unquestionably necessary traffic job.

“2. To insuring that the medium is used fairly and
without editorial bias.

“3. To reviewing the operations of any network or
station and making a broad general decision based upon
competent evidence as to whether that network or sta¬
tion is operating in the public interest.”

Stations Now Benefit

As far as Mr. Fly’s charge of monopoly is concerned,
Mr. Paley said that under the existing physical situation
there is, of course, a limit on radio facilities, and that as
a result there is a corresponding restriction on the num¬
ber of networks that can compete with each other.

“There is no testimony whatsoever,” he declared, “ex¬
cept the suppositions of Chairman Fly that this condi¬
tion has harmed the public. It is scarcely conceivable
that a greater number of networks using the existing fa¬
cilities, and therefore each reduced to scant resources,
would have served the public better.

“Certainly money-wise the public has not been hurt
because the public in America gets radio broadcasting
service free. It is equally evident that the advertiser has
not been hurt because he weighs our medium against other
competitive media with extreme care and has over a
period of years spent an increasing amount of money for
network broadcasting. When Congress makes a thorough
study of this subject, as eventually it must, I am sure it
will find that the stations generally instead of being hurt
have been economically benefited by the present system
of operation.”

The testimony so far in the hearings has not only
failed to reassure him and his associates, Mr. Paley said,
but has made them more uneasy.

“The repeated, easygoing assurances of Mr. Fly to the
effect that he will take care of everything and that every¬
thing will be all right, despite his evident difficulties en¬
countered in these very hearings in applying his theoretical
reforms to the problems of practical operation, do not
jibe with my practical experience over many years.

“I want to tell you that if a surgeon suddenly decided
to cut off my leg without even giving me an anesthetic,
his assurances that he was performing a minor operation
and that no substantial injury to my person was intended
would neither ease my pain nor save me from spending
the rest of my life on crutches.”

The statement of Mr. Fly that “two men control 86
per cent of the nighttime power of broadcasting in the
United States” was characterized by Mr. Paley as an
“unjustified accusation,” and “demagogic” twisting of the
fact that “most of the radio stations in America turn
to the best program services.”

The real heart of this “charge of domination,” Mr.
Paley asserted, “is the implication that the networks
either can or do somehow manipulate public opinion to
serve their own ends or the ends of favored persons or
causes. This whole charge is false.

“The public today is too well educated for any broad¬
caster even to dare to try to use his facilities for sinister
purposes. Public opinion will stop him, the code will
stop him, and Congress certainly could, would and should
if it ever became necessary.”

In trying to create this “bogy man,” Chairman Fly and
the Commission in its report overlook, according to Mr.
Paley, the fact that the local station has access to the
news of the press associations, the local newspapers and
the news and views of its local community. Finder
these circumstances, he asked how it would be possible
for the networks to “dominate and control” public opinion.

Describes CBS Operations

The operations of Columbia were described by Mr.
Paley, who said CBS had more than 2,000 employes in
general management, sales, engineering, advertising, pub¬
licity, sales promotion, research, administrative and crea¬
tive program functions and supervision.

CBS is set up, according to Mr. Paley, to originate
programs in various parts of the country, principally at
the key stations in New York, Chicago and Los Angeles,
and to pick up programs from outside points, sometimes
producing and broadcasting as many as four different
programs to different sets of stations at the same time.
He described the care taken to maintain a balanced pro¬
gram service, without too many programs of the same
kind or an overweighting of commercial programs.

CBS network overhead, he said, is more than $10,000,-
000 a year, not including payments to stations for com¬
mercial programs, and sustaining programs alone cost
more than $5,000,000 a year, the network agreeing to
provide in most instances a minimum of 60 hours of
sustaining programs a week to affiliates, which are not
required to take any of these programs unless they wish
to do so.

^Moreover, the local station, IMr. Paley declared, can
always displace a network commercial program with any
event of local interest it wants to carry on a sustaining
basis.

“The exclusive arrangement here,” Mr. Paley told the
Senators, “is a two-way street. The station and the net¬
work agree with each other that it is in their mutual
interest to operate in this way. Neither is compelled to
make the bargain.”

When the contract is terminated, either party is free
to negotiate for new terms or new arrangements, and, he
added, more often than not it is the station which is more

insistent upon exclusive and long-term contracts because
it knows the network will not then switch to another
affiliate.

Station Network Income Increasing

“In 1931,” said Mr. Paley, “the independent stations
affiliated with us received 21.53 per cent of the income
we received from the sales of these stations on commercial
hookups. In 1940 this percentage had risen to 45.58
per cent. Thus in 10 years the stations’ receipts had more
than doubled percentage wise. This hardly sounds as if
they were helpless captives with no bargaining power.”

]Mr. Paley said that national advertisers have invested
so heavily in radio advertising only because they v/ere
assured of time for their programs and a nationwide
audience, adding that he thinks the Commission has
failed to grasp this fundamental of how broadcasting and
advertising work. The advertiser must plan his program
and time requirements well in advance, and Mr. Paley
asserted he would not be able to do this under the new
rules.

Against the background of the CBS operations, Mr.
Paley took up the rules in detail. Before adjournment
he covered only three: the rule forbidding a station to
contract e.xclusively with only one network, that forbid¬
ding a station to contract for a network's exclusive serv¬
ices in a particular territory, and that forbidding the
present arrangement under which a network has an option
on a certain portion of the time of a local station.

The Commission, he declared, forbids “exclusivity any¬
where in the country and under all circumstances, even
in places lilce New York, Chicago and Los Angeles where
there are three or four times as many stations as there
are networks.”

Some markets, he went on, will support only two sta¬
tions just as some towns will support only two news¬
papers or movie houses or restaurants.

Says Rules Would Hit Smaller Stations

If two stations in a town make their facilities available
to all four networks as the new rules provide, instead of
to two networks, as is the existing practice, he reminded
the Committee that each network would receive only half
the income possible at present. ^Multiply this by 50
stations, he said, and the reduction in income would be
considerable with a corresponding decrease in the net¬
work’s ability to provide sustaining service.

IMoreover, the advertiser, he continued, would want
the larger stations, so the smaller would suffer a decrease
in income, as had previously been contended by other
witnesses.

Mr. Paley intimated the rule forbidding exclusive con¬
tracts with any network might benefit the IMutual Broad¬
casting System, which is supporting the rules, but said
it would severely hurt the other netv.'orks. If 2Tutual
wants to compete on an equal basis and provide network
service instead of carrying sustaining programs originat¬
ing on local stations, Mr. Paley asserted the way is al¬
ready open for it.

World Series Broadcasts

The World Series baseball games, mentioned a number
of times previously in discussions of this rule, IMr. Paley

termed one of the “most misrepresented” topics presented
at the hearing. He said NBC and CBS “had believed
for years that nobody should try to sew up the \\'orld
Series,” since baseball is the national game, and had urged
the baseball managements to make the games available
to all networks on a sustaining basis.

They were shocked, he -went on, when “IMutual sud¬
denly turned up with an exclusive contract to broadcast
the World Series on a commercial basis.”

Although NBC and CBS wrote to Judge Landis offer¬
ing to broadcast the games on a non-commercial and non¬
exclusive basis with courtesy announcements for IMutuars
sponsor and the ba.seball clubs, Mr. Paley said they re¬
ceived no response.

This information had been given to Mr. Fly, according
to Mr. Paley, who said Mr. Fly “sat here before you
and tried to make it appear that it was Columbia and
National who were responsible for a large number of sta¬
tions not having the World Series, whereas Columbia and
National year after year had worked to the opposite end
and it was Mutual which was simply and solely respon¬
sible.”

Cites CBS Study

A study by CBS traffic experts, was cited by iMr. Paley
as showing that it would be feasible under the rules for
an advertiser or advertising agency to take his pick of sta¬
tions and link them in a temporary network for commer¬
cial programs, thus freezing out regular networks and
many small stations normally included in such hookups,
because the advertiser or agency would furnish no sus¬
taining or similar network service so that his cost would
be less.

The rule forbidding a station to contract for a net¬
work’s exclusive services in a particular territory would
work similar hardships upon the stations, and networks,
Mr. Paley said. In addition, he continued, “if the local
station affiliated with the network does not wish to take
any particular program from the network, it must face
the possibility, if the new rule is in operation, that if an¬
other station in its territory desires to take that program

the refusing station not only contributes to the success
of a competitor, but actually faces competition for audi¬
ence supplied by the very network with which it is
affiliated.”

“A Masterpiece of Disruption”

The rule forbidding option time was characterized by
Mr. Paley as a “masterpiece of disruption.”

“The more I realize its actual effects,” he said, “the
more evident does it become to me that the Commission
either did not know or did not care what was going to
happen to network broadcasting.

“This rule means that network broadcasts, local broad¬
casts and phonograph records, including the large-size
records known as transcriptions are all on a parity, and
the necessary priority of network operations is ignored.
Since a network can only exist when a number of stations
are joined together for simultaneous broadcasting, it seems
evident that there must be some kind of priority for the
through program unless the whole network operation is
to be haphazard, accidental, difficult and often impossible
except on a patchwork basis.

“The national advertiser is interested in nationwide
coverage and must be able if he is to use our medium
to reach his whole market and to prorate the great ex¬
pense of his program over the many millions of listeners
from Coast to Coast who are his potential customers.”

Unless the network can get an option on station time,
Mr. I’aley contended, a network will be blocked, even
when only a few key stations are tied up either by local
programs or phonograph records.

Lbider this rule, Mr. Paley said, “our schedule of
available time across the country would be like a jig-saw
puzzle, except that if you have time and patience you
can put the pieces of a jig-saw puzzle together, and there
is absolutely no assurance of how often we can put a
network together under these conditions.”

IMr. Paley had not concluded his testimony when the
hearings adjourned today. He will take the stand again
tomorrow morning.

SPECIAL—

Senate Interstate Commerce Committee Hearings on White Resolution

1626 K STREET, N. W. WASHINGTON, D. C. JUNE 17, 1941

NETWORK HEADS ASK CONGRESS TO ENACT NEW RADIO LAW

Heads of the two major network broadcasting com¬
panies, testifying before the Senate Committee on Inter¬
state Commerce, today asked Congress to enact a new
radio law which would define the powers of the Federal
Communications Commission and the position of the
industry.

As a first step toward clarification of the 14-year-old
statute, all three of the witnesses heard today, William
S. Paley, president of the Columbia Broadcasting System,
Niles Trammell, president of the National Broadcasting
Company, and Judge John B. Burns, CBS counsel, urged
approval by the Committee of the White resolution calling
for a congressional investigation of the broadcasting in¬
dustry and the Commission.

The White resolution was introduced following the
promulgation by the FCC on May 2 of new rules which
both network presidents said today would have disastrous
effects upon the broadcasting structure of the nation.

Says Agencies Given Too Much Power

At one point in the testimony, Senator Wheeler, chair¬
man of the Committee, said, “I think there has been too
much power given to various agencies of the Government,
and I have opposed it from time to time. We are fast
getting into a position in this country today where we are
having government by man as distinguished from govern¬
ment by law.”

At another time he said, “I do not want you to get the
idea that I am upholding entirely the procedure of
Commissions. I realize the fact that they become exceed¬
ingly arbitrary at times, and when they once have made
up their mind they do not want to recede from it in the
slightest degree.”

Previous testimony during the hearings has brought
out the fact that there is great confusion over the meaning
of the rules. Today Senator Wheeler said to Mr. Paley,
“You stated upon this witness stand that your lawyers
and yourself did not know what those rules mean ; and I
can agree with you on that because I think different con¬
clusions can be reached as to them.”

Commenting upon a statement by Judge Burns concern¬
ing one part of the Commission’s report in which the new
rules are embodied, Senator White, of Maine, author of
the resolution, indicated that there the Commission ma¬
jority seemed to “proceed on the basis that what is possible
is probable and may be assumed to be true.”

In closing his testimony this morning, Mr. Paley said,
“We have told you as earnestly as we can that we believe
these regulations really imperil the broadcasting structure
of this country.”

He added that testimony, questions asked by Senators
and other developments during the hearings cast “doubt
on the workability of the whole scheme and suggest that
the public interest cannot be seriously damaged by holding
up the effectiveness of these rules until you can reach
your own orderly decision.

“We are hopeful that a careful, impartial and judicial
examination of broadcasting by Congress will provide us
with a law that is clear and a manner of administration
that is fair.

“We are hopeful that as a result of your deliberations
we will no longer be besieged by doubt and confusion and
threatened with punitive action, and that we will be
allowed to bend our energies toward evolving a constantly
improving broadcasting service.

“We are hopeful that an investigation such as is called
for by the White resolution will provide a law that in¬
sures freedom of the air and eliminates the threats which
radio is now facing.

“We are hopeful of all these things, and I am con¬
vinced they can be accomplished.”

Congressional Study Asked

In opening his testimony late this afternoon, Mr.
Trammell said he advocated approval of the White reso¬
lution because of three things:

“First, as one who has been in the radio industry since
its inception, it is my firm belief that the orders and
regulations recently issued by the Federal Communica¬
tions Commission will disastrously affect the entire broad¬
casting structure of the nation.

“Second, the issues raised by the new regulations are
not merely industry issues; they are distinctly public
issues. They affect the users of fifty million radio re¬
ceiving sets; they affect thousands of radio programs
and those public interests which provide them; they
affect the business life of the nation; and they affect the
morale and welfare of the American people.

“Third, a national radio policy defined by Congress
is urgently needed, at the present time, to protect by
clear mandate the freedom of the air against either
private or governmental control, and to insure the con-

tinned operation of broadcasting under the American
S3^stem of private enterprise.”

Judge Burns, in his testimony, called the roll on those
who are favoring and opposing the new legislation which
the industry is asking.

Support New Legislation

Among those who are on record as supporting such
legislation, he listed President Roosevelt, who in 1939
asked a new radio law in a letter addressed to Senator
Wheeler. Mr. Burns pointed out that Senator Wheeler,
too, has stated several times that the present law needs
amendment.

Commissioner T. A. Tvl. Craven, who appeared last
week to present to the Committee his own views and
those of Commissioner Norman S. Case, strongly advo¬
cated new legislation clearly defining the powers and
duties of the Commission, Judge Burns continued.

Even Louis G. Caldwell, counsel for the Mutual Broad¬
casting System, the only network supporting the FCC’s
position, indicated, said Mr. Burns, under questioning
by Senator Clark, of Idaho, that he believes clarification
of some points in the present law to be desirable. In an
article Mr. Caldwell wrote for the Annals of the American
Academy of Political and Social Science in 1935, Mr.
Burns went on, he was more e.xplicit, declaring that too
much power was being exercised by the Commission.

To these. Judge Burns said, practically the entire broad¬
casting industry except INIutual, may be added.

A number of Senators, including White and Clark,
have likewise indicated during the hearings that they
believe new legislation should be enacted.

Chairman Fly, Judge Burns asserted, is thus practi¬
cally alone in opposing the legislation.

When he resumed his testimony today, Mr. Paley took
up the new FCC rule forbidding stations to contract with
a network for more than one year at a time.

Says Rules Harm Small Stations

“This is not practical,” Mr. Paley said, “for either the
network or the station and seems to me a glaring example
of the lengths to which the Commission has gone to upset
existing arrangements and practices just for the sake of
upsetting them, although its announced purpose is to
protect the stations.

“You are going to have a reshuffling of network align¬
ments every year, assuming that these alignments mean
anything at all in face of the total effect of the various
rules. One result of this one-year rule if these major
outlets come into the market every year will be annual
competitive bidding for the most desirable outlets in the
large markets.

“This can well force networks to pay those stations
which are already exceedingly prosperous so much money
that there is not going to be enough of the network dollar
left properly to compensate stations in smaller markets
where the competition for outlets is not so keen.”

Such things as studio construction and engineering in¬
stallations cannot Ire undertaken on a one-year basis, IMr.
Paley reminded the Committee. Artists, features like the
Philharmonic Symjrhony Orchestra, management and per¬
sonnel likewise must be reasonably secure, he added.

Citing an investment of $700,000 in a studio annex in
New York by CBS a little more than a year ago, Mr. Paley

said that with “the uncertainties now projected into our
business” such investment would not be justified.

“No responsible business management,” he stated, “can
enter into such normally necessary business arrangements
knowing that it can continue to do business only on a
transient basis.”

On the rule regarding network ownership of stations,
Air. Paley pointed out that CBS owns seven and leases
one of the 127 stations in the Columbia network.

“Should we arbitrarily,” asked Air. Paley, “and without
any evidence in the record that we have abused this
ownership, be stripped of interests lawfully acquired?

“When I recall to you that in relicensing these stations
year after year the Commission has certified that we
have operated them in the public interest, I think you
will find \'ourselves confronted, among other things, with
the plain issue of fairness.

“If the Commission can find a single one of the stations
we own which, in the testimonv of its own community, is
not a better station today than it was before we owmed it,
I will agree right here and now to give up that station
without an argument.”

The rule on network ownership of stations is based, he
said, on the argument that such stations will naturally
favor the network to which they belong, and thus make
their facilities unavailable to other networks.

Sees Threat To Broadcasting

“If there is any validity to this restriction,” asserted
Air. Paley, “then I do not see how a network organized
on a mutual plan is to be allowed to operate at all. If
the network is owned by the stations affiliated with it,
won’t those stations favor their own network? And is
this not in the Commission’s view an evil? In the light
of Alutual’s own testimony here that it now has seven
stockholders, and is about to add two or four more, the
Commission’s argument that it should disturb our owner¬
ship and leave Alutual’s unmolested seems pretty lame.

“I am not upholding the validity of the Commission’s
argument; I am just pointing out how here again it strains
and strives to injure Columbia and NBC and help
Alutual. Its argument that there is some kind of evil
in affiliates leaning toward a network seems to me one of
the most destructive it has ever advanced, but it does
argue that way, and yet insists that it is all right for
Alutual to be owned by 15 stations and all wrong for us
to own seven.”

The rule forbidding stations to agree with networks
as to rates was termed by Air. Paley “a threat as dan¬
gerous to the individual radio station as it is to the net¬
works.”

CBS, he said, does not have any agreement with its net¬
work affiliates as to rates which they shall charge other
users of their time.

Industry Harassed and Worried

“We point out, however,” he went on, “That private
contractual arrangements designed to prevent unfair
competition are not necessarily undesirable.

“Aloreover, if the Commission can do this there is no
apparent limit to the extent to which it can control the
whole financial structure of radio. Once let it control
the economics of the industry, and its power over broad¬
casting will know no bounds.”

The whole industry, Mr. Paley declared, is harassed,
worried and jittery, as the result of the new rules.

“If Chairman Fly,” he said, “can successfully assert
these revolutionary powers over the business practices of
the networks and the stations, make no mistake about it,
his control will be so absolute that we will have in this
field regulation by raised eyebrows, in which a nod will
put one program on the air and a frown will keep another
off. If this type of regulation is dangerous with respect
to a business dealing with wholly physical things, how
much more deadly is it in the whole realm of informa¬
tion, ideas and culture.”

Commenting on the statement that the issue is one for
the courts, Mr. Paley said, “May I point out to you
that we could well suffer irreparable damage in the years
while the legal fight was in progress, and if I am sound
in my contentions, the public would suffer with us at the
very time when broaclcasting should, more than ever
before, be a powerful instrument for the public good. If
we win, it may well be too late. If we lose on the techni¬
cal issue of the Commission’s power, the important issue
of public policy still is this: Did the Congress intend
and does the Congress now want a radical revision of the
whole broadcasting structure by administrative fiat?”

Public Interest Seen at Stake

Pointing out that the five men comprising the Commis¬
sion majority constituted the sole complainant, Mr. Paley
asked the Committee to stay the regulations and “call off
the wrecking operation.”

Mr. Trammell told the Senators that not only are the
operations of NBC seriously affected and the welfare of
the 2,300 NBC employes at stake, but that NBC’s in¬
terests are closely interwoven with the public groups the
network serves, the independent radio stations affiliated
with it and the “vast radio audience which has so heartily
approved our service.”

He did not oppose, he said, proper regulation of broad¬
casting under the licensing powers authorized by Con¬
gress and administered by the FCC.

“Such regulation is essential,” he went on, “but we are
operating under a law conceived fourteen years ago and
before the present problems of network broadcasting
could be foreseen. The vagueness of this old law, the
lack of clarification of certain vital principles, and the
limited rights of appeal all argue strongly for new
legislation as the only solution of the major problem con¬
fronting us.”

Says Rules Would Disrupt Service

The American public today, Mr. Trammell said, re¬
ceives the greatest broadcasting service in the world.

“The changes decreed by the orders of the FCC,” he
continued, “will disrupt the present orderly distribution
of this broadcast service. They are not the result of
public demand or a deficiency of service. They are the
result, apparently, of unproven charges of domination,
control and monopoly. They stem from the competitive
cry of those who seek, through Commission edict and
without competitive effort, to replace the pioneers who de¬
veloped our American system of network broadcasting.

“The Commission now essays to regulate the business
practices of the industry. Therein lies the great danger
of the new regulations. We have not believed Congress

intended to give the Commission the power to prescribe
business rules or program practices for the broadcasting
industry. We have believed that Congress intended to
give the Commission power to regulate the industry, not
to operate it.”

Mr. Trammell said that neither the broadcasters, nor
the Commission, nor Chairman Fly knows how the Amer¬
ican system of broadcasting can operate under the new
rules.

He pointed out that while the Commission promises to
go to Congress for legislative help “if the new order does
not function,” the industry is asking for that help now.

“I believe,” Mr. Trammell declared, “that we are
properly apprehensive about the willingness of the Com¬
mission to perform a serious, and perhaps fatal, operation
while limiting Congressional help to post mortem relief.

“There is no substitute, I am convinced, for legislative
study and action on the problems that confront broad¬
casting.”

Warns Against Chaos

The uncertainty of the Commission itself as to the
effects of the new rules, Mr. Trammell indicated, is shown
by the statement that if they do not achieve the purposes
hoped for. Congress “should amend the Communications
Act to authorize and direct regulations appropriate to a
non-competitive industry.”

He charged that “the Commission foresees the possible
breakdown in the competitive system of broadcasting
now maintained by private enterprise. It is perfectly
willing, when the chaos and business anarchy predicted
by the dissenting Commissioners becomes a reality, to
recommend that a government controlled monopoly be
legislated by Congress as the only alternative method
of operation.

“The confusion and chaos that must follow the sudden
removal of the business and contractual props upon which
chain broadcasting now rests will signal the assumption
of more and more control by the Commission. Neither
the industry nor the FCC has any illusions about that.”

Certain clauses in the contract between NBC and its
affiliated stations, Mr. Trammell said, had been criticized
by FCC Chairman Fly in his testimony earlier in the
hearings. These were the clauses requiring the stations
to give five years’ notice of cancellation of agreement
as against one year’s notice for the network, preventing
stations from having local rates below network rates, and
that requiring stations cancelling network commercial
programs for local commercial programs to rebate the
difference between what the network would have paid for
the network commercial and what the station received
for the local program.

Eliminates Clauses from Contracts

None of the clauses, he said, has ever been a matter of
issue between NBC and the stations, the first two never
having been enforced, and the third invoked “only on
rare occasions when a supplemental arrangement had been
mutually agreed upon by the station and NBC.” In
addition, many of the affiliated stations, he continued,
do maintain different rates for local and national spot
business.

Nevertheless, Mr. Trammell stated, he had asked all
NBC affiliates affected by these contract provisions to

agree to eliminate those clauses from their contracts.

In addition, he said that a total volume discount per¬
mitted by NBC since 1927 to advertisers on both the Red
and Blue networks is being eliminated.

Mr. Trammell told the Senators he had taken this
action to eliminate any need for consideration of lesser
matters and so that there can be no confusion between the
major and minor issues to be considered.

Of the 233 contracts NBC now has with aft'iliated
stations, he said, 117 are firm commitments with equal
rights of cancellation on the part of stations and NBC,
and the other 116 contracts give NBC an option to cancel
on a year’s notice.

“The history of NBC,” Mr. Trammell stated, “is pub¬
lic property. Its progress has been a source of pride to
those in the company and of satisfaction to a vast Ameri¬
can radio audience. The list of its contributions to broad¬
casting development, both in engineering technique and
program service, is a matter of record. If it is a crime
to grow, to extend service, to make reasonable profits —
then we are guilty. But I submit that our record of
achievement and public service is a matter for co)umcn-
dation, not condemnation.”

In his statement to the Committee, Judge Burns at¬
tacked the Commission’s majority report both as to con¬
tent and the manner in which it had been arrived at. He
also supplemented Mr. Paley’s testimony with respect to
the destructive effect of the new rules and analyzed the
difficulties which will confront the networks if they at¬
tempt to secure relief through judicial review of the
Commission’s action.

Mr. Burns said that FCC Chairman Fly had gone “to
great length to make out a very appealing case of due
process” in connection with promulgation of the rules by
having made a demonstration of holding lengthy hear¬
ings, taking voluminous testimony and giving opportunity
for briefs, suggestions and arguments.

Nevertheless, he said, the Commission’s report “still
does not reflect what the testimony was before that Com¬

mission.” He added that the Commission had never pro¬
duced, during its socalled “monopoly investigation,” any
testimony to contradict evidence by the industry that
the abolishment of the existing type of contract rela¬
tionships between the stations and the networks would
be “serious.”

Mr. Burns pointed out that Commissioner Craven has
already testified before the Senate Committee that an
earlier draft of the report contained a statement con¬
fessing the majority’s inability to predict what the effect
of the rules might be in “actual practice.”

“This,” he said, “is the very guts of the problem:
What is going to happen to the business when you put
these new, revolutionary, radical, undreamed-of reforms
into effect?”

IMr. Burns quoted at length from a brief filed by the
FCC in the Sanders case, in which the Commission
argued that “there is not a single provision in the Act
from which it can be inferred that Congress intended,
by providing a licensing procedure for the use of radio
transmitting equipment, to subject to regulation the busi¬
ness of the licensee.” In addition, the Commission added
in this brief that it “is not authorized to regulate the busi¬
ness of selling radio advertising or any other commercial
use of radio frequencies; it is not authorized to regulate
the rates for radio service or to limit the return upon the
investment in radio broadcast stations.”

In his review of alternative methods of seeking judicial
relief. Judge Burns said that the primary difficulty was
that in recent years the courts had demonstrated a dispo¬
sition to reverse administrative rulings only where there
was error in law.

The Commission, he said, has been “notorious in its
efforts to immunize itself from judicial review and to
free itself from any supervision by the courts. It has
successfully established in the courts the principle that
only errors of law will be considered by the reviewing
court.”

SPECIAL—

Senate Interstate Commerce Committee Hearings on White Resolution

1626 K STREET, N. W.

WASHINGTON, D. C.

JUNE 19, 1941

INDEPENDENT STATIONS OPPOSE RULES, ASK NEW LAW

Owners and operators of independent radio broadcast¬
ing stations joined wdth representatives of the industry’s
principal trade associations at today’s hearing on the
White resolution before the Senate Committee on Inter¬
state Commerce in opposing the new rules promulgated
by the Federal Communications Commission and in urg¬
ing Congress to enact a new radio law.

Witnesses today included Neville Miller, president of
the National Association of Broadcasters, Paul W.
Alorency, vice-chairman of Independent Radio Network
Affiliates, John J. Gillin, Jr., general manager of Station
WOW, in Omaha, Neb., Samuel H. Cook, co-owner of
Station WFBL, in Syracuse, N. Y., and D. M. Patrick,
counsel for the National Broadcasting Company.

These witnesses pointed out that the present radio law
was enacted 14 years ago when broadcasting was still in
its early, experimental stages and network broadcasting
was only beginning to develop.

Stations Oppose Rules

Mr. Miller placed in the record a resolution adopted
by unanimous vote of the industry present at the Asso¬
ciation’s annual convention in St. Louis, May 12-14, urg¬
ing passage of the White resolution “with a view to
enactment of a new radio law,” and a stay of the Com¬
mission’s rules.

Mr. Morency presented a similar resolution adopted
by the independent radio affiliates group and testified
that polls of the membership showed they opposed the
new rules by at least ten to one.

“Broadcasters are very apprehensive of these regula¬
tions,” Mr. Miller said. “They believe, as has been stated
here so many times, that the proper procedure is to have
the Senate make a study and draft new legislation.”

The rules, he testified, may cripple a vital instrument of
national defense in a time of crisis.

There has been no complaint from either the public
or the advertisers about radio service, Mr. Miller said.
He questioned the claim by FCC Chairman Fly that the
rules would be the “IMagna Carta” to free the stations
from the networks.

“Mr. Fly talked about this ‘Magna Carta’ for the
small stations,” said Mr. Miller, “as if he were freeing a
group of slaves, as if he were issuing a second Emancipa¬
tion Proclamation. I was not alive when the first Eman¬
cipation Proclamation was issued, but I am quite sure that
it was received with a great deal more enthusiasm than
this is being received by these stations which, as far as
I can find out, do not want to be liberated from the con¬

dition they are in, because they are not being dominated
and they are getting along very nicely.

“I think this is just a technique that Mr. Ply has
developed for the purpose of beclouding the issue.”

IMr. IMiller said he would be remiss in his duty if he
did not tell the Committee the broadcasting industry is
operating in a very fearful state of mind.

“I think,” he continued, “that emphasizes one thing
which I should like to say, and that is that we are getting
very close to censorship. Stations have to come up every
year for licensing. The licensing power is very broad.
Whether or not they take a speech may come into the
question of whether they get a renew'al of license.

“If it gets to be known that the Commission or those
in authority feel that this is a good kind of program, that
this is a good speech, or that this is a bad speech, you are
going to find the radio stations, as they are today,
becoming very fearful, and you are going to get to the
place where we lose freedom of speech over the radio.

“I think that one thing we overlook is that Chairman
Fly seems to believe that you can tinker with radio and
that you will not hurt radio sets at all. If you start
knocking off sustaining programs and start knocking off
the good programs, you are going to find out that you
will have fifty million idle radio sets and that the public
will turn for its information to other places. You will
not have the system you now have.”

Advertisers Concerned

Mr. hliller also placed in the record a letter from John
Benson, president of the American Association of Adver¬
tising Agencies, who said national advertisers are dis¬
turbed over the new rules. Mr. Benson's letter asked
adoption of the White resolution, revision of the present
law and that the rules be held up until a proper study can
be made.

Mr. IMorency said the present radio law “gives no recog¬
nition whatever to the fact that national service is net¬
work service,” because the law deals exclusively with
licenses to individual stations.

The new regulations, he pointed out, are “aimed pri¬
marily at the terms of the contracts and relations between
affiliates and networks, although the entities consisting
of network organizations are unknown to the present law.”

Mr. Morency declared that “it is clear that the over¬
whelming majority of contract affiliates believe the regu¬
lations as drawn go too far and will impair service to the
public.”

Describing radio as a part of the daily life of the

American home, Mr. Morency said, “It would be tragic
to disrupt this medium of cheer and recreation in the
world of trouble of today only to try out a theory of
operation which most of the more experienced broad¬
casters believe is not practical.

“Before this risk is taken, affiliates believe the field
should be studied more broadly, so that a new statement
of the law may be made to catch up with the progress of
the art since 1927.”

Mr. Gillin, who said that his station, WOW, owned by
the W'oodmen of the World, is one of the oldest in the
United States, testified that in his opinion as a broad¬
caster of fourteen years’ experience, the rules would make
national public service programs a “thing of the past,”
and would harm the small station.

An exclusive arrangement between the broadcaster and
the network, forbidden under the new rules, means “rea¬
sonable permanency,” Mr. Gillin asserted. He said “this
is the only way that a broadcaster can be assured of a
steady program, a continuing program of outstanding
national public service programs and international news
broadcasts and national special events.”

If a station does not have an exclusive contract, Mr.
Gillin told the Committee, “you can rest assured that
the national public service programs that are not of a
commercial character will be a thing of the past, because
the network does not have any assurance under the rules
and regulations that it can clear, even for commercial
programs.

“Certainly it is not going to have the initiative it has
had in the past to try to clear for public service programs.”

Concerning the rule forbidding affiliation of a station
with a network for more than one year, he said if this
rule becomes effective “there will be a continual jockey¬
ing on the part of networks to get the best possible sta¬
tions in each market, and, in the last analysis, the larger
stations, namely the clear channel stations, will for the
most part be the beneficiary.”

Says Small Stations Would Get “Leavings”

i\Ir. Gillin said that under the new rules the stations
with the poorer frequencies in each market will “receive
only the leavings,” whereas “the best station in each
market will receive a great preponderance of the com¬
mercial programs available in that market, and, naturally,
will receive the most money.

“The other stations in the market proportionately would
be hurt. The second, third and fourth stations, which
are now associated with some network exclusively, would
not receive the proportion of commercial programs they
are receiving today. Therefore, the second, third and
fourth stations in each market in attempting to keep
their heads above water, would take on the commercial
programs of a much less desirable type of advertiser.
This would do much harm to radio.”

Mr. Gillin said he believes Congress should specify the
power of the FCC in a new radio act and that the
present rules should be stayed.

Mr. Cook, president of the Onondaga Radio Broad¬
casting Corporation, which owns and operates WFBL,
told the Committee that as the result of a building and
improvement program involving an outlay of approxi¬
mately 140,000, he and his associates had sought and
obtained an extension of their network contract, because
they wanted to be assured of service for as long a period

as they could obtain it. The contract, which would have
expired in January, 1943, was extended last year until
January 1, 1945.

“Had we known,” i\Ir. Cook said, “of the impending
regulations to be issued by the Federal Communications
Commission, we might not have gone ahead with such
ambitious plans.”

Mr. Cook told the Committee that although the net¬
work had an option on all the station’s time, this “has
never prevented us from rendering commercial service to
our local advertisers desiring to use our facilities,” nor
“from carrying all the local public service programs re¬
quired by our community interests.”

The station was always free, he said, to cancel net¬
work commercial programs whenever they conflicted with
local public service programs.

“We are definitely convinced,” IMr. Cook asserted,
“that the granting of option time to a network and term
contracts longer than one year, and fully as long as at
present, are necessary both for the orderly operation of
a station and for its sales, and that these are good busi¬
ness practices, essential to the best interests of both sta¬
tion and network.

Station Owners Disturbed

“My associates and I regret, with all due respect,
that the Commission saw fit to issue regulations at this
time, especially when we have made this expenditure, so
drastically changing the system of broadcasting, which we
as station operators have felt has been doing a thorough
and inclusive job of broadcasting with the interests of
the public always in mind.

“As businessmen, we would like to know where we are
going. We confess we are completely in the dark and are
greatly concerned about what may happen to the net¬
works and to the stations when and if the regulations of
the FCC go into effect next August2.

“We urge this Commitee to pass the White resolution.
We urge that a thorough study be made looking toward
the enactment of a new law which will definitely set out
the powers of the Commission and will leave to Congress
the determination of terms and policies under which we
are to operate in the future.”

Mr. Patrick’s testimony dealt with questions of the
power of the FCC and of judicial review. He pointed
out that the United States Court of Appeals for the
District of Columbia in the Scripps-Howard Radio case,
decided last February that it did not have power to
grant a stay order during the pendency of an appeal, a
reversal of the Court’s previous position.

He asked Chairman Fly, who is to take the stand
again, if he thinks the District Court of Appeals has
power, in view of its decision in the Scripps-Howard case,
to grant interim relief; under what circumstances the
FCC would consent to granting such relief; if the FCC
could extend a license on a temporary basis while an
appeal is pending; whether if the Court does not have
power to grant interim relief how the Commission would
grant interim relief under certain conditions; and if
interim relief were granted by the FCC or the Court, and
the Court decided in favor of the Commission, would the
FCC relicense the station immediately after demonstra¬
tion that it would conform to the disputed regulation.

Mr. Patrick charged that the promulgation of the rules
by the FCC was “usurpation of legislative power.”

SPECIAL—

Senate Interstate Commerce Committee Hearings on White Resolution

1626 K STREET, N. W.

WASHINGTON, D. C.

JUNE 18, 1941

TRAMMELL ASKS CONGRESS TO INSURE FREEDOM OF RADIO

Niles Trammell, president of the National Broadcasting
Company, asked Congress today to free radio broad¬
casting in the United States from the danger of political
domination by the Federal Communications Commission
by laying down a clearly defined national radio policy
in new legislation.

i\Ir. Trammell, the only witness at today’s hearing be¬
fore the Senate Committee on Interstate Commerce on
the White resolution calling for a Congressional investi¬
gation of the broadcasting industry and the FCC, de¬
clared that “the worst domination that could be visited
upon public opinion is domination by a political com¬
mission.”

Senator White, of Maine, introduced his resolution
following promulgation by the FCC on May 2 of
new rules which both Mr. Trammell and William S.
Paley, president of the Columbia Broadcasting System,
have testified would imperil the whole structure of broad¬
casting in this country. Both Mr. Trammell and Mr.
Paley have urged Congress to enact a new radio law
to replace the present 14-year-old statute adopted before
broadcasting had developed to its present position.

Fear Revolutionary Change

Two members of the FCC, Commissioners T. A. IM.
Craven and Norman S. Case, have also said they “fear
the revolutionary change proposed by the majority will
result in the destruction of the present excellent national
program distribution system.”

One of the new rules would force NBC to divest itself
of its Blue network. Speaking of this rule, i\Ir. Trammell
said, “If the majority of the Commission are allowed now
to compel us to dispose of half our property, lawfully
acquired and lawfully operated for fourteen years, on
their determination alone, and if Congress does nothing
about it, don't be surprised if six months from now Mr.
Fly comes in and tells us to get rid of half the Red net¬
work. It will then be too late to protest, because his
power has been conceded.

“Not only is the subject matter, in our opinion, outside
the power delegated to the Commission by Congress but
nowhere in the history of administrative regulation has
so brutal a method for the amputation of a major portion
of a great enterprise been invoked.

“Here, in effect, Chairman Fly proclaims: ‘Bend your
knee, concede my power, give up the Blue, and I will
let you live — you may keep the Red.’

“The first cracks in the structure of democracy are
often invisible to the unaided eye, but if Congress, by
failure to act now, concedes to Chairman Fly the power

to force us to give up half our property, then Congress
need not be surprised when it learns, in the not too
distant future, that Chairman Fly has taken over the
entire radio industry.”

Wheeler Favors Option Time

Another of the Commission’s new" rules forbids a sta¬
tion, under penalty of losing its license, from giving a
netw"ork a firm option on any part of its broadcasting
time. Senator Wheeler, of Montana, chairman of the
Committee, today said he thinks the Commission is wrong
in its attitude on option time and that he sees no reason
w’hy a station, if it w"ishes to do so, should not give a
network an option to sell part of its time.

In his testimony, IMr. Trammell review^ed the growth
of the National Broadcasting Company.

“In 1926,” he said, “before the Radio Act was adopted
by Congress, the NBC w'as organized in a pioneer attempt
to provide a truly national service of broadcasting. It
established what is now know'n as the NBC Red network.
This network had no competitors, because no one else
w'as ready to take the investment risks and hazards of
such a major venture.

“In January, 1927, because of the requests of com¬
peting local stations in the same cities for another broad¬
casting service, NBC established its second network
service, known as the Blue. Today the NBC operates
only ten of the 828 stations in the United States. Be¬
cause of its Red and Blue netwmrk services, it has been
licensed for many years to operate tw'o stations in New
York, in Washington, in Chicago, and in San Francisco.”

Public Service Endangered

The new FCC rules, f\Ir. Trammell asserted, would
strike a heavy blow at the public service programs now
provided by NBC. He pointed out that the National
Farm and Home Hour, in w'hich the United States De¬
partment of Agriculture participates, has been on the
air for 12 years and is presented over the Blue network,
w"hich NBC could no longer operate under the new rules.

Among other programs created and maintained as Blue
network features by the NBC, Mr. Trammell listed the
Toscanini Concerts, the Town IMeeting of the Air, the
Damrosch IMusic Appreciation Hour, the IMetropolitan
Opera broadcasts and many others. These are en¬
dangered, he said, by the new rules.

“A fifteen-year record of constantly improving service,”
he said, “ought not to be so lightly overlooked or brushed
aside. Disregarding questions of jurisdiction, disregard-

in," the rewards due pioneering enterprise, service to the
public should be the major test.

“I may add that the National Broadcasting Company
has expended more than forty-five million dollars on sus¬
taining programs — that is, programs that carry no adver¬
tising — to carry out its responsibilities towards the gov¬
ernment and public which it serves.

“I do not say these things boastfully. I merely list
them to indicate the extent to which NBC has rendered
service in the public interest, convenience and necessity
through the operation of its Red and Blue networks.”

NBC has spent millions of dollars in developing tele¬
vision, IMr. Trammell pointed out, adding that it has
established and maintained television program service
without any revenue for more than two years.

Network Revenues Support Television

“We are now ordered,” he continued, “to divest our¬
selves of one of our network services, and threatened with
the loss of operation of standard broadcast stations, rvhile,
at the same time, the licensing policy of the Commission
encourages our entrance into the operation of new sta¬
tions in the fields of television and frequency modulation.

“The older service of broadcasting is profitable, but
the new services are yet to produce any revenue. Ap¬
parently the Commission favors our loss of present invest¬
ments and revenue, but wants us to invest in new fields.

“Under such circumstances how can anyone know what
to do? We cannot plan our course until the Congress
has determined, definitely, what it expects of those en¬
gaged in the business and service of broadcasting sound
and sight.”

During the hearings, hlr. Trammell reminded the Com¬
mittee, a reference was made to the inability of the INIutual
Broadcasting System, which is the only major network
supporting the rules, to get a full-time station affiliation
in Cleveland.

“The Commission’s files on the Clev^eland situation,”
hlr. Trammell said, “indicate clearly that a fourth full¬
time station could have been established years ago in the
sixth largest market of the country.”

Applications for such station have been rejected by
the Commission, he continued, although it “has granted
regional stations in areas with greater interference than
they contend would exist in Cleveland.”

“Too Much Favoritism,” Wheeler Charges

Senator Wheeler interjected, “perhaps the political
pull was not so great in Cleveland as it was some place
else. That is really one of the had things that have gone
on dov/n at the Commission, that there has been too much
favoritism shown here or there.”

The Commission’s policy on hearings for licenses or
transfers was also criticized by Senator Wheeler, who
said, “The Commission goes ahead without hearings and
grants licenses or transfers, and in other instances it holds
hearings. It seems to me there ought to be a general
rule laid down by the Commission so that everybody who
comes in there, regardless of whether he is poor or rich
or whether he is infiuential or whether he has political
backing or not, would know what is going to happen,
and that rule should be adhered to.

“I think some of the things done in that respect are
outrageous.”

In regard to the rules themselves, hlr. Trammell said.

“By preventing a station from being the exclusive outlet
of a network, and a network from offering a fixed and
definite lineup of stations, these rules cut an essential link
out of the broadcasting chain, and set stations and net¬
works adrift. In essence the rule more viciously fosters
monopoly than could any possible restraint which now
exists.

Rules Favor Monopoly

“Under the new rule all w’ill be chaos and confusion.
Stations will rush for the best features of every network
service. Advertisers will try to preempt the best hours
on the best stations. Time brokers will inject unfair
methods of competition. Advertising agencies will make
their own arrangements for ‘front-page’ position with the
bigger and better stations.

“If the existing networks lose key stations and there¬
fore advertising support, the responsibility for public serv¬
ice from the national standpoint will be nobody’s busi¬
ness. Then the FCC will have the opportunity it fore¬
sees in its Report on Chain Broadcasting. Private enter¬
prise will have failed, and a non-competitive, govern¬
ment-controlled operation will be necessary.”

Large advertisers, Mr. Trammell declared, could put
together networks made up of the best stations from all
the existing networks. He introduced maps to illustrate
this possibility. One map showed a 64-station network
that would reach approximately 92 per cent of all the
radio families in the country. To approximate this cover¬
age, the second map showed another advertiser would
have to include 160 of the remaining stations and then
could reach only about 76 per cent of the radio families.
A third advertiser, according to another map, would not
be able to approximate the coverage of the other two
regardless of the amount of money spent or time bought
on the remaining stations.

“True national coverage,” asserted Mr. Trammell,
“under the new regulations, will become the opportunity
of a relatively few major advertisers. The bulk of the
advertising revenue under these new regulations will go
to a relatively few of the country’s major stations.”

Choice is Government vs. Free Radio

The rule prohibiting option time, he said, “strikes
directly at the heart of network broadcasting,” because
the networks cannot reserve definite fixed time for fixed
features. Likewise, the rule forbidding contracts between
stations and networks for more than a year threatens
broadcasting stability, he asserted.

Mr. Trammell said that the question involved in the
new rules is that of extent of business control of broad¬
casting by the FCC. Business control, he added, is pro¬
gram control.

“Involved here,” he declared, “is the choice between
operation of broadcasting by private industry and opera¬
tion by government. The breakdown of our present
broadcasting structure inevitably would make it incum¬
bent on the government to step in and, perhaps, finally
to subsidize stations or to tax listeners.

“While I am concerned as to the future of the com¬
pany which I represent, I am deeply apprehensive con¬
cerning the continuance of our American system of broad¬
casting. Its freedoms are in jeopardy. To safeguard
them, I earnestly urge approval of Senator White’s
resolution.”

SPECIAI.—

Senate Interstate Commerce Committee Hearings on White Resolution

1626 K STREET, N. W.

WASHINGTON, D. C.

JUNE 20, 1941

ASK CONGRESS TO INSURE FREEDOM OF RADIO IN NEW LAW

Representatives of church groups and women’s clubs
together with owners and operators of small broadcasting
stations in various sections of the country today appeared
before the Senate Committee on Interstate Commerce
to express their concern over the effects of the rules re¬
cently promulgated by the Federal Communications Com¬
mission and to ask Congressional consideration of the
present broadcasting situation with a view to enactment
of new legislation.

Frank C. Goodman, executive secretary of the Federal
Council of Churches of Christ in America, representing
approximately 140,000 churches, Mrs. Harvey W. Wiley,
chairman of the department of legislation of the General
Federation of Women’s Clubs, representing 14,600 clubs
and 2,000,000 women, and Edward J. Heffron, execu¬
tive secretary of the National Council of Catholic Men,
appeared for their organizations.

iMr. Goodman also placed in the record statements by
the International Council of Religious Education, the
Foreign Missions Conference of North America, repre¬
senting 188 foreign mission boards of the Protestant
groups in America, the American Bible Society, one of
the oldest and largest Bible organizations in the country,
and a copy of the letter addressed to President Roosevelt
by Dr. Harry Emerson Fosdick and 60 other leading
clergymen of the Protestant church.

Effects of Rules Feared

All the statements and letters voiced misgivings over
the effects of the new rules on broadcasts of public service
programs in which the groups are especially interested
and asked Congress to make sure that no hasty and ill-
considered action is taken to imperil broadcasting.

Clarence Wheeler, vice-president of Station WHEC,
in Rochester, N. Y., Jonas Weiland, owmer of Station
WFTC, in Kinston, N. Car., J. W. Lee, manager of Sta¬
tion KGFF', in Shawnee, Okla., and C. P. Hasbrook,
owner of WCAX, in Burlington, Vt., told the Committee
they believe Congress should study the broadcasting in¬
dustry and enact a new' radio law' because they fear the
rules issued on May 2 by the FCC will harm their
stations.

Addressing the Committee, Mr. Goodman said, “In
my 24 years of service to the churches, I do not recall
any development that has concerned the leaders of our
major Protestant organizations quite as much as the un¬
expected new regulations of the Eederal Communications
Commission.

“Radio has furnished the first opportunity of develop¬

ing an appreciation of the message of the Christian
gospel, on the part of the unchurched people of our coun¬
try, and any move by a government agency that may
cause confusion within the radio industry, is looked upon
with grave misgivings by the delegated leadership of a
large section of our churches.”

Mr. Goodman told the Committee that to expedite
the hearings, which have extended over a period of three
w'eeks, he was asking permission to place in the records
his own statement and those of four interdenominational
church groups, each with a nation-wide constituency.

Says Churches Have Stake in Radio

In his statement, i\Ir. Goodman pointed out that he
has had a long period of experience in religious radio
in an executive relationship.

Reminding the Senators that this is a time of crisis
for the churches as well as for the rest of the country.
Dr. Goodman stated that during the depression “the
Church lost surprisingly little in influence and activity,
and we attribute this to the facilities we received from
the free and uncensored American system of radio.”

Pander the direction of the Radio Department of the
Eederal Council of Churches, he said, 1,100 church men
produced 8,000 network programs in the last 18 years,
and 800 churchmen appointed by denominations produced
5,000 non-network programs in the last five years.

In the production of these programs, Mr. Goodman
declared, “we have not received one complaint of censor¬
ship or control” on the part of the networks, the stations
associated with them, or the other radio stations of the
country.

More than five million letters from urban and rural
audiences were received, he said, while more than two
million requests for sermons were made to his office in
the last six years.

The churches of the country, he continued, “have a
real stake in American radio, and the Congress, we feel,
should recognize this as our reason for requesting a
thorough investigation of the American broadcasting
system.

“Any compulsory re-organization of a full}^ developed
business, charged wtih national and international com¬
mitments of far-reaching importance, may prove most
unfortunate for the Church at a time of stress and strain,
and if the new regulations of the Eederal Communications
Commission are likely to disrupt the radio industry, it
will surely be a blow to national unity, and the spiritual
and mental well-being of our people.”

Mrs. Wiley presented a resolution adopted by the
General Federation of Women’s Clubs at Atlantic City
on May 23 advocating "further Congressional study" of
the present broadcasting problems to preserve the “free¬
dom of radio for the best interest of democracy."

“The women of the Federation,” Mrs. Wiley stated,
“are grateful to the radio chains and stations for their
splendid cooperation. They do not wish to see the aid
which broadcasters have given to the work of their
Clubs interrupted or jeopardized in any way.”

Citing in his statement the aid given to the Catholic
Radio Bureau of his organization, Mr. Heffron told the
Committee that he believes there should be “a sound
basis for the assurance” that public service network
broadcasts should not be destroyed or impaired.

“We hope that this Committee,” he testified, “will not
only see to it that this assurance is given but that it is
properly implemented and capable of being backed up.”

Says Rules Would be Detrimental

The first of the station owners to appear at today’s
hearing, Mr. Wheeler said, “I think the proposed regula¬
tions would be very detrimental to the industry, would
injure the program structure, and would certainly be
detrimental in many ways, as far as WHEC is concerned.”

He testified he believes it would be helpful if “the
Congress would consider the whole question of regulation
of radio and enact new legislation.’’

Network affiliation, he said, is “of real value to a station
like WHEC,” because it helps to build up the station
audience and makes available a national sales force.

The only change in the terms of his station's contract
with CBS was made, he stated, at the station’s request
and added that “I have never seen any evidence of
monopolistic power on the part of the networks,” con¬
trary to the FCC majority contention of “monopolistic
powers” alleged to be held by the networks.

Since 1931, he stated, WHEC has invested upwards of
$200,000 in improving facilities, and added he is fearful
the rules would make valueless “this affiliation that we
have deemed so stable and made it possible for us to
make these large expenditures.”

Mr. Wheeler said he fears that important network
commercial programs may be shifted under the new rules
to another station with a clear channel and higher power.

Mr. Weiland told the Committee his station, WFTC,
was “right in the middle of a lot of trouble” over the new
rules.

Until June 1, WFTC and another station at Wilson,
N. C., according to Mr. Weiland, had shared the costs
of a line to Raleigh where the Mutual Broadcasting Sys¬
tem has a line, and the two stations had been affiliated
with Mutual, which, unlike NBC and CBS, does not
pay all wire charges to affiliated stations.

On June 1, the Wilson station, Mr. Weiland testified,
canceled its arrangement, “based upon the fact that the
present rules would seem to necessitate it, and we were
sitting right down at the end of the line without any
network service available to us.”

He said his station could not afford to pay the whole
cost of the line from Raleigh to Kinston, since that would
be “in the vicinity of $500 a month.”

Arrangements were made for affiliation of his station
with NBC Blue, he testified.

“T applied,” said Mr. Weiland, “to the FCC for per¬

mission to sign the contract. They advised me that the
present rules are in operation.

"It is very difficult for us to operate without a network
affiliation because our listeners have become used to net¬
work service, and as a local station we cannot give the
type of service the network was able to give us.”

Saying that he favored a long-term contract and option
time provisions, Mr. Weiland declared, “the present rules
promulgated by the FCC puts our station out of the possi¬
bility of network service and possibly they would have
the same effect uiron a whole lot of small broadcasting
stations that are trying to serve their communities.”

Mr. Lee told the Committee, “We desire affiliation with
only one network. We have tried affiliation with two
networks. For four and a half months of this year we
were affiliated with both the Mutual network and the
NBC Blue network. We found that to be impractical
and confusing to our listeners. It created an insur¬
mountable traffic problem.”

Conflicts in time, he said, prevented giving the sta¬
tion’s listeners major features of the two networks.

“I think,” Mr. Lee asserted, “the matter of line charges
has not been stressed enough in these hearings from the
point of view of the small station. For four years our
station paid line charges to bring the Mutual service into
our station, and paid in cash. We never derived enough
revenue from the Mutual network to offset this cash
outlay for line charges.

“Now we have no cash outlay for our NBC affiliation.
We pay for the lines that bring these programs to us in
time, a commodity that we can afford to pay with. We
have a net saving of several thousand dollars a year that
can now be diverted into improving our local station.”

Thinks Rules Have Damaged Station

Mr. Lee said his station wanted an exclusive long term
contract and that option time is “no handicap to us.”

“The Chairman of the FCC,” he declared, “has said
that if the small stations are harmed by the regulations in
practice, something will be done about it. That is not
enough assurance for us. That is like calling the doctor
after the patient is dead. We feel that the FCC has
already damaged our station in creating a public mis¬
understanding as to the fate of the Blue network.”

Senator Bone asked a number of questions about line
charges and indicated he thinks these should be studied.

Mr. Hasbrook testified that the new rules “will bother
me very seriously. What they are doing is to take the
foundation out from under me when I am halfway across
the bridge.”

After being granted permission by the FCC to increase
the power of his station from 250 watts to 1,000 watts,
Mr. Hasbrook said, he had started construction of a
new station.

His station, he testified, has a contract with CBS, which
has been paying the line charge, quoted, he added, at
the time of contract negotiations, at from $7,500 to $10,000
a year.

Mr. Hasbrook told the Committee he couldn't afford
to pay for the line in money instead of time, and feared
he might lose his network affiliation due to the rules.

Saying he has never been able to find out “who has
been hurt by the present method of broadcasting,” Mr.
Hasbrook declared, “I just do not understand why in
these times we have to change the whole system.”

1626 K STREET, N. W.

WASHINGTON, D. C.

Voi. 9, No. 24, June 20, 1941

White Hearing

The following excerpts from the transcript of the Senate Inter¬
state Commerce Committee’s hearing on the White Resolution may
prove interesting to broadcasters. The Chairman is Senator
Wheeler.

The Chairman. Let me ask you a question right there: Let
us suppose that the National Broadcasting Company, or the
Columbia Broadcasting System, or any one of them, should come
to the Commission and ask for a station — or, let me put it th’s
way: ask permission to buy all broadcasting stations in the
country, what would you say about that?

Mr. Craven. It is my understanding that in the Communica¬
tions Act of 1934 our power with respect to concentration of
stations in the hands of any one person is in the licensing authority,
and I feel that we cannot grant licenses for too many stations to
one person.

The Chairman. Why cannot you do that?

3Ir. Craven. Because it would be against public interest.

The Chairman. And why would it be against public interest?

Mr. Craven. Because I think the Act implies that we shall
not have concentration of licenses in the hands of a few.

The Chairman. Exactly. And that is because of the fact that
to do so would be in effect to create a monopoly. I mean if you
were to have all broadcasting stations in the hands of one person,
owned by one person.

Mr. Craven. But that is quite a different thing, Mr. Chair¬
man, in my view of passing upon business practices.

The Chairman. Just one minute.

Mr. Craven. Excuse me.

The Chairman. If you have that power, and then, as you
say, you have the right to say that there shall not be too much
concentration of broadcasting stations in the hands of one chain —
and you do feel that you have that right, do you not ?

Mr. Craven. In the matter of the licensing power.

The Chairman. Yes, that is in the licensing power. Now, if
instead of giving them the actual license you give them control,
is not that after all in effect the same thing?

Mr. Craven. No, sir. There is another section of the Com¬
munications Act, Section 309 (b) (2) and Section 310 (b) which
gives explicit instructions with respect to control and transfer
of control of stations. But that is a different thing from this.

The Chairman. But when you transfer control over a station
and give all of the time of that station to anybody, you are giving
him control of that station.

Mr. Craven. That would depend a good deal upon the cir¬
cumstances. My position is that the type of contracts which the
chain has with its affiliates does not represent transfer of control
of operation of stations in the same sense as is meant in Sections
309 and 310 of the Communications Act. If that were the case
then any time they made a sale to anybody of time it would be
implied.

Mr. Chairman, I have some constructive suggestions I should
like to make later on as to modification or amendment of the Act
that I think would help to solve some of these situations.

i\!r. Craven. I will admit that the question of the power of
the Commission is a most debatable subject, and so far as I know
there is a vast difference of opinion existing even in Congress and
among the members of this committee. Yes, among the members of
the Commission, among the Commissioners who are lawyers, as
well as among the lawyers on the staff of the Commission. And I
will say that there is a vast difference of opinion among lawyers
engaged in outside practice.

It seems to me there is a real doubt in the matter, and that is
the reason why the minority feel a clarification of the intent of
Congress might go far tow'ard pouring oil on the troubled w'aters.

Furthermore, w'e were deeply concerned w'hen we were convinced
that the majority desired to usurp the power rather than refer the
matter to Congress for a clear determination of our power and an
unequivocal standard of public policy.

The Cliairmaii. The trouble about that is that whatever
Congress might write into the law there would still be contention
in the minds of lawyers as to what Congress meant. That would
be true regardless of what Congress actually meant, and conse¬
quently I think the only way it can be cleared up is for the courts,
which have the final say as to what the intent of a statute is, to
decide whether or not in their opinion it means this, that or the
other. They may be right or wrong in their construction, but
anyway they have the final say.

Mr. Craven. Might I say something on that point?

The Cliairnian. Yes, certainly.

Mr. Craven. I agree with you. There is nothing wrong in
anyone going to court; and it is a pity that the industry has not
the courage to take that course of action.

However, I think more than that is required in this instance.
What is involved here is a fundamental change in the pattern of
American broadcasting. In effect it amounts to new legislation.
I believe regardless of the power of the Commission the Communi¬
cations Act of 1934 should be reappraised by the Congress rather
than have the Commission institute a radical change in the pattern.

Senator Clark of Idaho. This resolution that is pending be¬
fore us does not. of course, look to that end, as I understand it.
It seems to be more or less a resolution calling for a committee
review of the Commission’s order or regulations looking to an order.

Suppose that the pending resolution were held in abeyance and
that extensions were granted by the Commission for the going
into effect of its regulations and order. Then, suppose a bill were
introduced in the Senate and in the House looking toward hearings

(Continued on page 538)

June 20, 1941 — 537

Neville Miller, President C. E. Arney, Jr., Assistant to President

Edward M. Kirby, Director of Public Relations ; Joseph L. Miller,
Director of Labor Relations ; Frank E. Pellegrin, Director of
Broadcast Advertising ; Paul F. Peter, Director of Research;
Russell P, Place, Counsel; Lynne C. Smeby, Director of Engineering

WHITE HEARING
(Continued from page 537)

on an ultimate revision of the law as it now exists and that the
Commission would agree to grant reasonable stay orders on the
effectiveness of its regulations, while a subcommittee appointed
by this committee acted in good faith expeditiously. Do you
think something would then be gained in the revision of this entire
law? I do not know whether or not I have made myself clear.

Mr. C raven. Yes, sir, you have. I hesitate, however, to tell
the committee things which it knows, but I should think that
would be helpful.

Senator Clark of Idaho. This resolution as introduced is a
peculiar thing. It is not the ordinary resolution looking toward
legis'ation — with all due deference to the dean of the committee
in point of service — I suppose — Senator White. Is that right?

Senator White. No. Not in point of capacity, anyway.

Senator Tobey. Scripture says; “He that humbleth himself
shall be exalted.”

Senator Clark of Idaho. I know, of course, that Senator
Wheeler is the chairman, but I thought perhaps Senator White
had served longer; however, that is of no consequence in my
remarks.

I was just wondering whether this thing could not be approached,
perhaps, from a little broader aspect than this resolution contem¬
plates. If the law should be revised, Mr. Chairman, I think there
is one jrarticular in which it might well be done. Now the sta¬
tions are required to give equal time on political broadcasts, but
they are not apparently required to give equal time on pub'ic
service programs. It occurs to me that since we shall have a lot
of time free this summer, we might have a subcommittee go to
work on a bill, rather than on a resolution, looking toward a revi¬
sion of the law, and yet not unduly hold up the regulations of
the Commission as issued. In chat way something might be accom¬
plished.

Do you care to comment, Commander Craven?

.>Ir. C raven. I prefer not to, sir; I think that is a matter
for the committee.

Senator White. Mr. Chairman, may I say a word about the
suggestion of Senator Clark? I think I have said that I have been
working on a tentative draft of legislation which 1 think will
cure some serious defects in the law as it now stands. I have
definitely in mind some things that ought to be dealt w'ith that
are in addition to anything I now have in the drafts to which
I have referred.

I introduced this resolution because I could not see any imme¬
diate prospect of legislation and because I thought there was pre¬
sented to us a definite and a clear-cut issue to which we should
give study and which we ought to face. I felt very definitely
that this was not something emergent that had arisen in front of
us. The situation which now exists has been growing up over
the years, and it took the Commission all of three years to make

538 — June 20, 1941

up its mind — the majority of the Commission, I should say — which
course to pursue in dealing with the thing.

I felt it was proper and highly desirable that we ask the
Commission just to hold up on the execution of its regulations
until the committee had had a chance to study and possibly until
the committee had had a chance to formulate legislation. I
still believe that if the effective date of these regulations could
be postponed a reasonable time, only a part of the time which it
took the Commission to bring them forth, legislation could be pre¬
sented which would form, at least, a basis for committee con¬
sideration.

If the chairman of this committee would just say- to this com¬
mission, “We want to consider legislation. We want to deal with
this subject matter to which these regulations are primarily
addressed. We want to consider some other phases of the present
law that are not satisfactory to us. We suggest to the Commis¬
sion that it hold up until we have had a reasonable chance to
do it,” I think this whole problem could be solved, for the
moment anyway.

Of course, y'ou are always going to have problems, because the
law is never going to keep up with the changes in the industry,
the art, and the science; it will always be lagging somewhat behind.
But I would definitely join with the Senator from Wyoming.

The C'hairinan. From Idaho.

Senator White. From Idaho. Excuse me. I knew it was
out in the open spaces.

The Chairinaii. One of those backward states, like Maine.

Senator W’hite. It is backward because it is so far away
from Maine. (Laughter.)

I want to concur with the Senator from Idaho.

Senator Clark of Idaho. I was just thinking out loud when
I made that suggestion.

Senator White. That is what I am doing, so I think I must
be somewhere near right. All that needs to be done is to have
you work on the chairman. (Laughter.)

Get him to say to this commission, “We want to study this
thing. We want to undertake some changes in the radio law. It
took you three years to evolve these regulations. No public
calamity will follow' if you just hold up for a little while.”

I think w'e could accomplish something really worthwhile.

Mr. Craven. I think that if we need power, we should come
to this Congress and ask for it, in order to do certain things; that
we should recognize that there are other jurisdictions. One is the
Federal Trade Commission, and the other is the Department of
Justice. I do not think it is in the public interest -

Senator Tobe.v. And one is the courts on appeal?

Mr. Craven. Yes, sir. I do not think. Senator, that it is in
the public interest for the Communications Commission to usurp
power. I think that is just as much of importance in this whole
matter of public interest as anything else.

The Chairman. I entirely agree with you in your idea that the
Federal Communications Commission should not usurp power, I
agree with you entirely when you say they should not usurp power.

The question here is as to whether or not they did usurp power,
and secondly, if they did usurp power, of course, there exists the
right to go into court to test the Commission’s authority.

I also agree that the law is not as explicit as it should be.
It can easily lead to some confusion. Probably it should have been
made cleaner with reference to monopolies. There is confusion
as to whether or not the Commission has the right, under the
language of the statute, to regulate monopolistic practices and to
say, “This is a monopoly; therefore we are going to find that it
is a monopoly and punish you.”

On top of that, you have the question of public interest. The
term “public interest” has been recognized by the courts generally
and in these regulatory commissions as giving the commissions
very broad authority.

It seems to me, therefore, that the real question is whether or

not the Commission, under the provisions with reference to public
interest and under the provisions giving them special authority
with reference to chain broadcasting, have usurped authority. I
think that probably the law ought to be clarified, but in the mean¬
time there is the question whether or not Congress ought to go
ahead now and say to the Commission, “Hold up all your orders
while we pass a law,” because if we undertake to pass a law, it may
be at this session of Congress, it may be at the next session of
Congress, or it may be that it will not be for tw'o or three sessions
of Congress that we will get a law passed that we might like to see.

Senator White. Mr. Chairman, may I comment just briefly
on what Senator Tobey said?

The Chairman. Of course.

Senator Wliite. I am, of course, in complete agreement with
him that the Commission was entirely within its authority when
it determined upon the investigation of these subject matters. I
think it was within its authority, and I think it was meeting the
ob'igation which had rested on it for a long while.

It does not follow, however, that because the law authorized
the Commission to make an investigation, and the Commission
upon its own responsibility determined to go ahead and make an
investigation, that any and every regulation which it may agree
upon as a result of that investigation is either in the public interest
or is within its authority to make a particular recommendation
which they presumed to make.

Senator Tobey. Right there, who is to determine whether
or not it is in the public interest? The courts?

Senator White. I want Congress to say something about it.

Senator Tobey. That puts Congress in the position of re¬
viewing decisions of bureaus. We would then become a body
reviewing every decision that is made.

Senator White. As a matter of fact, when we look at the
legislative history — and we do it only occasionally — we will not
find many occasions when that has been done.

Of course, basically it does not involve criticism of the Commis¬
sion because it has made its study. It does not involve criticism
of the Commission because it has reached conclusions of law. The
criticism rests upon my deep conviction that the Commission under¬
took in these regulations to define monopolistic acts. I do not
think that is within its province, and I do not think we should
yield to that situation. I do not think it is the right of a regu¬
latory body to say that this thing is a monopolistic act, that thing
is a monopolistic act, and the other thing is a monopolistic act.

Then, I would not think it is within the right — and we never
ought to concede it — that it is within the right of a regulatory body
to determine whether you have breached the particular things
which they say constitute monopoly, and pass judgment on it.
You, if you go down to the Commission, are not advised, except
perhaps in the most general terms, of the issue before the Commis¬
sion. They have conducted hearings in which they did not permit
a man to put on witnesses in his own behalf. They have conducted
hearings there where they did not permit the interested party to
examine, through his counsel, hostile witnesses. They have no set
rules of evidence, and they have a vagrant authority and a vagrant
practice and procedure. I just think that it is fundamentally wrong
that we should permit that type of authority and that degree of
authority in a regulatory body.

The Cliairniaii. I am sure you would not feel that this com¬
mittee, or any other committee, as a practical matter of adminis¬
tration of law, every time a commission decides some case or
makes some rule which a particular industry or a particular party
may feel affects them adversely, should permit them to come to
Congress and ask us to review the decisions of that particular
commission. If that should happen, then as a practical matter
you would not have any decent administration of law by these
commissions. It is, frankly, in my judgment, and always has been
assumed to be very bad practice. But I can understand that. If
that is done, then the committee, as a matter of fact, ought to lay

down the rules, instead of having the Commission do it. From a
practical standpoint we just could not do that. We have to leave
a lot of these matters to the Commission. In this particular
instance I am not going to disagree with you at all about the
need of some clarifying legislation. I certainly hesitate to do if.
While we have done it in some few instances, it has been generally
recognized as a bad practice. Every time the Interstate Commerce
Commission hands down a decision or makes some rule, w'e might
disagree with it or the industry might disagree with it, as has
happened in the past. But if we undertook to try to correct it,
then you are going to have these commissions constantly looking
to the Congress and being afraid to act because of the fact that
they might be yanked up here to Congress. In some cases we have
a right to investigate the commission, the same as we have the
right to investigate the industry itself. But I am extremely hesi¬
tant about simply taking over and saying that the Interstate
Commerce Commission or this or that commission, every time it
makes a rule that the industry does not like or that somebody else
does not like, should be brought up here before the Committee.

I think the hearings that have gone on will do some good for
both sides. I think probably they wall.

Senator White. May I make an observation in answer to
what you have said, Mr. Chairman?

The C'liairinan. Certainly.

Senator Wliite. If this w'ere a decision by the Commission
in a particular case I w'ould have a good deal of sympathy with
your point of view ; but the truth about it is that this is a
declaration by the Commission of a far flung and revolutionary
policy. It is something that the Commission has determined to
do after three years of study. That might suggest that the Com¬
mission was right. But I think it also cries aloud that the Com¬
mission was dealing with something which it itself recognized as
a basic change in the practice which had been followed by the
previous Commission and by this Commission over a period of
many years. There is a vast difference, I submit, Mr. Chairman,
between reviewing an isolated or a particular case and giving
consideration by a committee to the effects of such a change as
the Commission now' proposes; and I think there is a vast
difference between passing upon a particular case and this com¬
mittee and the Congress giving consideration to whether or not
the action of the Commission is authorized by law'.

That is where I pull aw'ay from you ; and when I pull aw'ay
from you I always have doubt as to w'hether I am right, but I
feel very strongly that I am right w'ith respect to this matter.

Mr. Ktliridge. May I add this. Senator? I hope you w'ill
read the first tw'o pages of my statement, I think you were out
of the room w’hen I made it. I stated then, and I repeat it, not
to embarrass you, but to express the point —

Tile Cliairnian. You cannot embarrass me; too many people
have tried that.

Mr. Ethridge. In the high power situation you felt it w'as of
great moment and you introduced a resolution which was a
direction of policy to the Commission. Now, I feel very strongly
that this body, the Senate and the House, are responsible to the
public and the public will in a degree that an administrative
agency is not, and that where you have a major matter of
national policy and an imminent action, as you have here, paral¬
leling your high power matter, it is eminently proper for this body
to take cognizance of it. I have rested on that particular thing
and said that it was an anomalous situation where the industry
was the aggressor and the Commission more or less the defendant
in resisting a study of its action.

The radio industry subscribes heartily to the President’s desire
for a new law — in fact, much more heartily than ever since Mr.
Fly has testified, because his testimony is in conflict with another
expression from the President:

“This technical limitation on the number of transmitters gives
the Government its principal function in the realm of radio, that
of referee to determine who the operators of the limited number
of transmitters shall be.”

June 20, 1941 — 539

In the same letter the President also expressed the desire to
know how to keep radio free “as part of our purpose to keep all
channels of public information free . . . how to prevent monopoly
of radio operation or ownership and how best to utilize radio in
the public interest.”

We do not feel, therefore, that we are either improperly or
whimsically before this committee. Personally, I am hoping that
the committee will share the feeling of Senator Smith when he
said, “I wish I knew more about this whole operation,” and under¬
take to find out more; and of Senator Wheeler, when he said on
page 213, “There are vital problems of national policy involved
in this matter.”

We of the radio industry might not like the result when it is
transformed into law, but it will at least be more democratic if
96 Senators and 435 Representatives make the law than if seven
men make it.

Personally, I feel that it will be a fairer law and a fairer
administration if you make the rules.

Mr. Fly occupied almost four pages setting out the number of
witnesses and the number of words in the hearing in giving the
radio people what he called “not only the due process of law to
which they are legally entitled but a full measure in excess” in
the hearings on the regulations. The only figures he left out were
the weight of the volumes in pounds and how much they w'ould
measure if laid end to end. But what he did not say was what
he could not say. but which we can — that a least a great many
of us in the radio industry feel that the verdict was arrived at
before the indictment was drawn.

When I was a newspaper man in Georgia there was a negro by
the name of John Downer who was arrested for rape in north
Georgia. He was granted a change of venue to the adjoining
county. The National Guard was called out and lined the walk
way from the jail to the court house and occupied all of the
seats in the court house except those reserved for the jury, the
judge, and counsel. In the afternoon of the day he was arrested,
or the day the Guard was called out and the indictment was
drawn, he was tried and convicted and sentenced to be electrocuted.
Everybody knew in advance what would happen, but the State
of Georgia was proud that it had not lynched him. It had given
him due process of law, but none of the substance of justice.

That is the way I feel about this matter. I feel that it is
only necessary to have the Commission’s order for hearing, which
is in the record at page 95 and was read earlier by Senator Tobey,
to know in general terms what the outcome will be. I think that
is probably true in the newspaper case as well. The order is
indeed likely to be a death sentence.

I favor the White resolution because I hope it will result in a
new law clarifying what Congress intends and defining the Com¬
mission’s powers, duties, and limitations.

The C'hairiiiaii. It seems perfectly simple to the laymen ; but
if the White resolution holds up the orders of the Commission —
and I am frank to say that we are too severe in giving such a
short time in some instances, but they have the right to go to
court, and I think they not only should have the right to go to
court in a particular instance where it is felt that the Commission
has exceeded its jurisdiction, but the Commission ought to grant
them a stay. I do not agree with the Commission’s actions in
refusing a stay. I think it is wrong, particularly if application is
made in good faith. But I think you can appreciate some of the
difficulties you are going to have with new legislation, because
you will find that there will be a great divergence of opinion both
in the House and the Senate upon what the provisions of the new
law should be. That is going to be particularly true when you
come to write into the law specific rules and regulations. You are
going to have a very wide divergence of view upon that question,
both in the committee and on the floor of the Senate and in the
House, which will probably mean a long delay in getting legisla¬
tion through. That is where most of the difficulty comes in
connection with legislation, when you begin to write out the rules
and regulations which should govern the Commission.

Mr. Ktliridge. I am speaking of the course of regulation.
The Pottsville case and the subsequent decision the Circuit Court

540- June 20, 1941

gave the industry no great hope as to regulation. I for one felt
it was bad to abolish the system of open examinations of license
applications in public hearings. I felt that under the Commission’s
theory, set out in one section of the Sanders case, cited by the
Chairman of the Commission in his testimony, too little attention
was being paid to the economic consequences of indiscriminate
license granting. By that I mean I had thought just a mere
granting of more licenses for the sake of removing restraint of trade
or creating competition might be a good thing in some circum¬
stances but one must consider the consequences that may arise.
I have seen that happen in the case of newspapers where they took
all sorts of advertising.

Tlie Chairman. I think it a mistake to grant too many sta¬
tions in a community because you may force them to put on more
advertising.

]Mr. Ethridge. Yes, sir.

The Ciiairman. Or to put on cheap advertising that would
destroy the effectiveness of programs.

Mr. Ethridge. But, Senator Wheeler, the Sanders case is the
Commission’s theory at the moment that does not conform to the
economics of the situation. That is another argument moving us
to ask the Senate to give us a new law. I think it is bad for radio.

The Chairman. You cannot disagree with me in the matter
of the need for a new law.

We have been very happy to hear the Chairman of this Commit¬
tee say on several occasions that he thinks the networks have been
fair in broadcasting discussion of current controversial questions.
At the same time, it is apparent that there is in his mind and in
the minds of many other thoughtful persons uneasiness on this
score. I stated publicly six years ago that I thought fairness in
news and discussion, and freedom from editorial bias, should be a
condition to holding a broadcasting license. In that public state¬
ment I said that the Commission if it had the power, and the
Congress if the Commission did not, might well make such fairness
a condition to receiving or holding a license. I have come now to
believe more emphatically than I did six years ago that such fair¬
ness is absolutely essential on the part of a limited medium if it is
to fulfill its social obligations in a democracy. I am absolutely
confident that under Columbia’s publicly proclaimed code and
under the similar codes of the National Association of Broadcasters,
the other networks and most of the individual broadcasters, this
fairness is assured.

The Chairman. I should think it would be helpful to the
industry itself if something of that kind were written into the law,
because then, in instances in which pressure was brought to bear
you could turn to the law.

Mr. Paley. At least it would eliminate the vagueness that now
exists in the minds of some broadcasters and, I think, in the minds
of some Commissioners.

The Chairman. It would eliminate vagueness when people
undertook to put pressure on you. You could simply turn to the
law and say, “This is what we have got to do.”

The Chairman. Did they not serve you with a copy of these
rules prior to their adoption?

IMr. Paley. There were suggestions made, I think, at the
December hearing, various suggestions, none of which went to the
extremes that the rules now represent. I think, as a matter of
fact, there were three or four alternative suggestions as to what
the Commission might do ; and at that time we objected to the
rules very strenuously and tried to point out why, even in the
form when they were not quite so drastic, we thought our opera¬
tions would suffer tremendously and that public service as such
would also suffer.

The Chairman. Did you ever give the Commission any con¬
structive alternative suggestions yourself? I understood from
Chairman Fly that you did not.

Mr. Paley. Our suggestion made at that time, and it is the
suggestion we have been making ever since, that if anything as
drastic and revolutionary as that is to be done to any broadcaster
or any group of broadcasters, that should be a problem for the
Congress or some higher authority, for them to have something
to say about that.

The Chairman. But it does seem to me that, in the first
place, you ought to have tried to work things out ; that when they
made certain suggestions which you thought were wrong you should
have pointed out to them the mistakes as you saw them, and made
to them some alternative suggestions. Instead of that as I under¬
stand the situation, you turned everything down.

Mr. Paley. Well, Senator Wheeler, I can remember one con¬
versation I had with Chairman Fly when we were given to under¬
stand that we would probably be outlawed about these things, and
he said maybe they were not so drastic as I thought them. I said,
“Now, really what have you in mind? How do you intend to
offer a solution of this? How do you answer the practical sugges¬
tions that we make?” And the only answ'er I got w'as, “Wouldn't I
be a fool to tell you what I have in mind.” That was as far as
I got W'ith Chairman Fly in trying to work this thing out.

The Chairman. And what do you think he had in mind?

Mr. Paley. Oh, I know what he had in mind — these very
rules we are now here talking about; rules that I think will de¬
stroy our industry, or a least destroy network broadcasting as a
part of the industry.

Mr. Paley. Going back to the argument about exclusivity,
I want to point out that unlike the publication field a station
affiliated with a network has two functions. In the publication
field you have the local newspaper and you have the national
magazine, each attempting to do a part of the job. A broadcasting
station affiliated with a network has to do the combination of
the local and the national job. He provides his own local pro¬
grams in an attempt to render the public service necessary for
that community to have in that regard. Then he turns to us to
do the national job. So, as you will see, it is the over-all job.
As long as we are doing a complete national job over that station
we can do a very well ordered and balanced national job, one
which, from the record, a record that has been made by the
broadcasters of this country, demonstrates the fact that we have
been able to respond to the public desires and needs, and demon¬
strates that we can take care of the public service in a very fine
way. When a station starts out to take this national service
from two or three sources it gets a certain amount of duplication.
And you start to take our incentive away from us, because someone
will be cashing in on what we have built up.

The Chairman. Oh, now, I do not think they will take your
incentive away.

Mr. Paley. Well, if stations won’t take our time that will
happen.

The Chairman. It might and it might not, but I do not
think it will happen that it will take your incentive away.

Mr. Paley. I see that I have not convinced you, Mr. Chair¬
man. Nevertheless I want to say to you that I think I am right,
that I feel certain I am right about it.

The Chairman. You have not convinced me that it will take
your incentive away when you have done the job you have; when
you came into the radio broadcasting field without anything and
licked N. B. C. you certainly cannot convince me that you are
not going to continue.

Mr. Paley. I am only talking now about the incentive toward
developing that kind of service, that kind of service you want
from us.

The Chairman. You are going to have the same incentive
and the same service; yes, you must have the same incentive in
your own system, and each of the other companies will have it.
You will want to build up your stations and you will want to
build up the Columbia Broadcasting System.

iMr. Paley. But we do not want to build it up for someone
else to come in and cash in on us. Let us suppose that a lot of
advertising hook-ups developed. In that case I think you would
have chaos and that it would be destructive.

The Chairman. I think it can be worked out in fairness to
the chains. I think we want to be fair to the chains and at the
same time be fair to everybody else.

Mr. Pale.v. I want to say one thing right there as we seem
to disagree on this particular point and yet we seem wholly to
agree on other points I have discussed here. For instance, this
whole question of option time —

The Chairman (interposing). This has to be worked out.

Mr. Paley. But elimination of option time is a part of the
rules under which we are supposed to operate.

The Chairman. I understand that, and am not agreeing en¬
tirely with the report of the Commission by any manner of means.

Mr. Paley. And is not that a good reason for passing this
White resolution ?

The Chairman. No, I do not think so. From a practical
standpoint the contention here is that what you want first is a
hearing and an investigation of the matter. You are getting that
without the adoption of the resolution. If we were to pass the
resolution and hold hearings the only thing would be that you
would come here and testify all over again.

Mr. Paley. Oh, no.

The Chairman. This is just a cold-blooded practical matter.
You would not get as many people to attend those hearings as you
have now, because to a large extent you have covered that same
thing. Frankly it may be necessary and probably some think it
would be best to have an entirely new law, or at least some amend¬
ment of the present law. I think that subject should be gone
into, and it may very well be gone into. I do think the law ought
to be amended in some particulars. I think some of these points
should be clarified to the end that the industry may know as
definitely as possible what they are going to have to do, and
what rules of the game will be set out, instead of depending on
those who may be on the Commission at the time. I think there
is a great deal in that. I have had that feeling for a considerable
period of time.

Now, there is the probability of a bill being introduced, and
when it is introduced you will have a hearing upon that particular
bill. We will discuss its various provisions, and doubtless some
of them you will oppose and then that bill will be threshed out.

In the meantime I think you can go into court, if you wish to
do so, and have, as Chairman Fly intimated, the knowledge that
the matter of the rules will be held up by stay order while the
case is in court.

Mr. Paley. If you think there is going to be a new radio law,
and I certainly devoutly hope so, would not that be the time to
have all these considerations looked into? What is the rush here?
We have had the law for 14 years and have operated pretty well.
Why have these drastic and revolutionary ideas from day to day
when broadcasters are giving the best public service any industry
has ever been called upon to give?

The Chairman. You will have to ask the Commission about
that.

iMr. Paley. We are asking you to hold up the Commission’s
action by passing this resolution. That is the only way we can
have any assurance it will be held up. We can very well wait a

June 20, 1941 — 541

year or so if necessary ; and if a new law is to be written is not
that the time to look into all these things so that we may have a
well-rounded radio law? Would not that be better than having
the radio industry damaged to a great and unnecessary degree?
And that is just what will happen if we have to live under these
rules or parts of these rules for the next year or so. Why jump
onto something that has rendered pretty good service indeed ?

The Chairman. You do not think it necessary to prove that?

Mr. I’aley. As a matter of fact I would like to have you see
some of the serials that have been gotten out.

The (’hairman. I think on the whole the chains have ren¬
dered a very good service. On the other hand, I do not think
you are lily white by any manner of means in all of your dealings.

Mr. I’aley. I agree with that.

The Chairman. Either in your dealings with the Commission
or in your dealings with the public or anybody else. But nobody
is. Candidly I think every new industry that has come up as
chain broadcasting has shows some of these situations, but for a
new industry you are less subject to criticism than almost any new
industry that has sprung up,

Mr. Paley. Then, what is the rush? Why cannot this thing
be held up until you gentlemen here in the Congress have had an
opportunity to write a new law that will take care of the advance
in the art, that will take care of the changes that have come about
since the present law was enacted ?

The Chairman. That is a question you will have to pro¬
pound to the Commission.

Mr. Paley. I did, and my answer was the eight rules and
regulations we are now complaining about ; and that is why we
come before you, to try to get relief. Give us peace v/hile you
have an opportunity to examine the whole radio structure. Then,
after you have decided what if anything is wrong with us, you
can put into the new law those things you think ought to be pro¬
hibited, or those things that would spell the kind of regulation you
think we should have in the future.

As a matter of fact, even if the Commission has the power now,
and let us forget for the moment the question of jurisdiction, they
may not be wdsely exercising it. They may be doing things you
would not go along with.

The radio industry comes to this committee and asks that you
give us peace, so that these things may not happen. We ask you
to examine this question very carefully and at the end of the
hearing give us a law, a w'ell-defined law, under which we may
live. We think that is not asking too much.

,4nd now. finally, gentlemen, may I just very briefly tell you why
I fell that if the Commission can exert the kind of powers it now
seeks to exert, can regulate the whole business of network broad¬
casting and network station relationship, can impose a whole
multitude of conditions under which it threatens to jerk stations’
licenses, nobody in broadcasting is going to have the faintest
conception of what its ultimate powers may be and nobody is
going to be able to call his soul his own.

The whole industry today is harassed, worried and jittery and
finds itself threatened and condemned as if its history were
shabby and evil. If Chairman Fly can successfully assert the
revolutionary powers over the business practices of the networks
and the stations, make no mistake about it, gentlemen, his control
will be so absolute that we will have in this field regulation by
raised eyebrows, in which a nod will put one program on the
air and a frown will keep another off. If this type of regulation
is dangerous with respect to a business dealing with wholly
physical things, how much more deadly is it in the whole realm
of information, ideas and culture.

I have heard it argued that since the Commission’s lawyers
assert the broad powers which w'e here assail, and our lawyers

542 — June 20, 1941

strenuously deny, the whole issue is one for the courts. May I
point out to you that we could well suffer irreparable damage in
the years while this legal fight was in progress, and if I am sound
in my contentions, the public would suffer with us at the very
time when broadcasting should, more than ever before, be a
powerful instrument for the public good. If we win, it may well
be too late. If we lose on the technical issue of the Commission’s
power, the important issue of public policy still is this; Did the
Congress intend and does the Congress now want a radical
revision of the whole broadcasting structure by administrative
fiat ?

I want to say this. We have been operating under the present
law for fourteen years. I believe that every Government depart¬
ment and every defense agency in Washington will tell you that
we are doing a job for national defense. Our stations are satis¬
fied, and only a Commission majority, which has been constantly
cynical about the major networks, and only a small segment of
the industry, are complaining; and this small segment of the
industry complains solely in the interest of being enabled to sell
commercial programs to the affiliates of other networks. If this
monkey wrench is to be thrown into the machinery it should not
be throwm at a time like this. I hope you will stay these regula¬
tions and work out a new law. Under such a program we can
devote ourselves immediately, completely, and fully to our broad¬
casting again and play an important part in the present emer¬
gency.

You have expressed some hesitancy, Senator Wheeler, on the
score of how long it will take legislation to go through. I cannot
dispute with you as to how long it will take to get new legisla¬
tion. You know and I do not.

The Chairman. I do not think anybody knows.

Senator White. I can tell you how long it will take to pass
it in the Senate if Senator Wheeler gets back of it. He can pro¬
duce a draft in 24 hours, can get it reported out of his committee
in 48 hours, and get it through the Senate in ten days’ time.

The Chairman. I will say you are stretching it.

Mr. Paley. I can assure you in complete good faith that the
broadcasters will do everything they can to expedite the obtaining
of whatever information your committee may want in this con¬
nection. I am told that there are Senators on this particular
committee who are perfectly competent to work out problems
as intricate as ours, with fairness to the public and to all parties
concerned, and to do so with reasonable dispatch.

We have told you as earnestly as we can that we believe these
regulations really imperil the broadcasting structure of this
country. The questions that have been asked by a number of the
Senators on this committee, and the statements which have been
made have indicated to you about the wisdom of some of these
rules. Chairman Fly himself seems to have made some on the
spot modifications w'hile he was testifying, and he has just re¬
leased a telegraphic interpretation of one rule and a formal modi¬
fication of another. .All this casts doubt on the workability of
the whole scheme and suggests that the public interest cannot be
seriously damaged by holding up the effectiveness of these rules
until you can reach your own orderly decision.

We are hopeful that a careful, impartial and judicial examina¬
tion of broadcasting by Congress will provide us with a law that
is clear and a manner of administration that is fair.

We are hopeful that as a result of your deliberations we will
no longer be besieged by doubt and confusion and threatened with
punitive action, and that we will be allowed to bend our energies
toward evolving a constantly improving broadcasting service.

We are hopeful that an investigation such as is called for by
the White Resolution will provide a law that insures freedom of
the air and eliminates the threats which radio is now facing.

We are hopeful of all these thngs, and I am convinced they can
be accomplished.

First of all, I do not think that the primary issue before this
committee is a question of jurisdiction, because, after all, if the

Commission did not have jurisdiction, if it exceeded its powers
and if we can get into court to test that — and about that there
are some handicaps which I will explain later, pursuant to Senator
White’s suggestion that we address ourselves to the question of
procedure — why, then, we will get to court, and if we are right,
the action of the Commission will be set aside.

But. as has been pointed out by Senator Johnson and men¬
tioned by Mr. Ethridge, the Supreme Court has recently pointed
out how limited is the scope of judicial review in administrative
affairs. In the Pottsville case Mr. Justice Frankfurter practically
invited those who quarrel with the wisdom or lack of wisdom on
the part of administrative agencies to come to Congress, saying, in
effect, that Congress is the agency to correct administrative mis¬
chief.

The Chairman. Of course the reason he probably said that
was to “pass the buck” back to Congress.

Mr. niiriis. I do not think that is so. Senator Wheeler, .^part
from any judgment you might w'ant to express about the Court, I
think for the last ten years there has been a steady development in
our system whereby the courts, either because of words in the
statutes or because of a feeling that under our constitutional sys¬
tem it is not a judicial task to review administrative action, they
have said, “We will only look to see whether or not errors of law
have been committed.”

Where can you go except to this committee? We say, quite apart
from the issue of jurisdiction, that these regulations are unwise.
The issue of jurisdiction is important, because if the Chairman and
his majority associates have acted without jurisdiction, it certainly
throws light upon the question of wisdom. Secondly, in the Su¬
preme Court it may well be that our activities will be so circum¬
scribed that serious damage to private and public interests will
have been brought about.

The Chairman. I think that there probably is a very close
question as to whether or not the Commission has jurisdiction in
certain instances. Of course if it has exceeded its jurisdiction, cer¬
tainly the courts would take cognizance of that and say that it
had exceeded its jurisdiction; there is not any question about that.

Mr. Rurns. But, in the meantime, we may have been very
seriously damaged, because it may take a year or a year and a
half before that issue is ultimately decided ; and in any event we
will be back here, because when a commission can make a judg¬
ment after 14 years, and when you have considered the other fac¬
tors which have been brought out here, and additional ones which
I hope to call to your mind, it is plain that the law needs clarifi¬
cation; it has to be stream-lined and brought up to date, because
14 years ago what is today a major force in radio broadcasting,
namely, the networks, was virtually unknown. Certainly networks
were unknown in so far as their present operation is concerned.

The quarrel we have with the Commission is that it did not pay
any attention to our evidence but went ahead on preconceived
prejudices, and out of it came first the committee report. Some of
you Senators are familiar with the shortcomings of that report,
where it was shown in a committee hearing that it was false in
many particulars.

When the question of writing the Commission report was under¬
taken, smarter gentlemen were called in as draftsmen, because it is
a slicker, more crafty, more clever, and more workmanlike job,
but it still does not reflect what the testimony was before that
Commission.

The only evidence dealing with exclusivity and time option was
w'hat we ourselves offered and what was offered by Mutual. But
even Mutual only pointed out that the combination of exclusivity
and time option made their access to the markets rather difficult.
Even they did not offer any evidence on the question of what
would be the practical effect on the advertising business if these
practices were abolished.

We had no idea while that was going on that the Commission
had designs on the contractual provisions of the station outlet con¬

tract. It is true that they wanted them, and they went into them.
On cross-examination they asked questions as to how they operated.
But the Commission did not put on an advertising expert. It did
not even put on an expert from its own staff to contradict our
evidence that the abolishment of these two tuochstones of the
present radio network business would be serious.

The Chairman. It was not necessary for them to put it on.
In the trial of lawsuits you sometimes prove your case by your
adv'ersary’s witnesses.

INIr. Hums. I give you my word that that w'as not this kind
of case.

I am not going to take your time to read excerpts from the
record, but I suggest that this record should show reference to page
.17, where there is a beautiful example of the lack of logic on the
part of the authors of this report. They proceed from hypothetical
instances of probability and they draw sweeping conclusions of cer¬
tainty. They do not even salt it with a phrase, “Well, perhaps,”
but they say, “Certainly this will happen.”

Senator Wliite. They proceed on the basis that what is
possible is probable and may be assumed to be true.

Tlie Cliairman. One thing I have never been able to under¬
stand about the Commission is why in certain instances they deny
a station on some particular ground and grant it to somebody else
w'here the same identical objections are raised. Is not that due,
to a large extent, to the engineering side of it?

INIr. Tranimell. Senator, of course I cannot answer that, but
here is a case where the interference in Cleveland would be up to
the 4.8 millivolt line, and the Commission has subsequently, in
spite of the need, as Mutual has stated here, for a full time station
in Cleveland, denied the application, and later in other cities it has
granted applications where the interference was much greater.

The Chairman. Perhaps the political pull w'as not as great
in Cleveland as it was some place else. That is really one of the
bad things that have gone on down at the Commission, that there
has been too much favoritism shown here or there. I do not think
that NBC has suffered any from it.

Mr. Trammell. I would not know anything about that,
Senator.

The Cliairman. No; I know' you would not. I do not think
NBC or Columbia either, has suffered any at all.

Mr. Trammell. We have certainly not opposed any station
coming into Cleveland, Senator.

The Chairman. No; I did not mean to infer that you had.

There is another thing: The Commission goes ahead w'ithout
hearings and grants licenses or transfers, and in other instances
it holds hearings. It seems to me there ought to be a general rule
laid down by the Commission so that everybody who comes in
there, regardless of whether he is poor or rich, or w'hether he is
influential or whether he has political backing or not, would know
what is going to happen, and that rule should be adhered to.

Mr. Trammell. I agree with you fully.

The Chairman. I think some of the things done in that re¬
spect are outrageous. That is one of the reasons why the Inter¬
state Commerce Commission with all of its difficult problems has
certainly in my time not been accused of being influenced by mem¬
bers of Congress. I certainly would hate to try to do it myself.

Senator White. Mr. Chairman, you have made a good state¬
ment on that score and I w'ill remain silent. I have some ideas
myself on that subject but will let your statement stand for me,
if you do not object.

I note in the Wednesday, June 18, 1941 issue of Variety, a
headline reading: “Rivals Exploit Radio Grief. Say Air Ads to

June 20, 1941 — 543

Cost More. Network Sales Departments Aware of Newspaper
and Magazine Contact Staffs Making Capital of Present Trouble
with FCC — but They Are Readying Counter-Blasts When Hear¬
ings Are Out of Way.”

Tlie Cliairmaii. What is that paper?

Mr. Trammell. That is Variety.

The Chairman. That does not worry you very much ?

iMr. Trammell. I do say this, Senator: Without our being
able to deliver stations, without having any option time, and in
trying to sell coast to coast, advertisers will be going into other
media.

The Chairman. Frankly, I cannot see very much excuse for
not giving you option time. I may be wrong about it, but I
cannot see very much reason why you should not be able to have
it. If I wanted to give you an option on some of my time, I do
not see any reason why I should not be permitted to give you
some option time. I am frank to say that, unless there is some
reason I do not know of now, I think the Commission is wrong
in saying you should not have any option time at all.

Chairman Interprets Regulations

In response to many requests made to him for a brief interpre¬
tation of the Federal Communications Commission’s new chain
broadcasting regulations. Chairman James Lawrence Fly today
released the text of a recent telegram to a broadcast station cover¬
ing certain phases of this subject:

“May 24, 1941
Day Letter Prepaid

“Mr. Gordon P. Brown
Radio Station WSAY
192 S. Goodman Street
Rochester, New York.

Retel May 23 you are authorized to release following statement
as my interpretation of the chain broadcasting regulations. The
regulations do not prohibit a contract establishing a network and
station affiliation whereby a network agrees to offer all its programs
to one particular station in a community. However, the station
must make a reasonably prompt determination whether it will
carry any program and there can be no restriction upon the right
of other stations in the community to make arrangements for the
broadcast of any refused or rejected programs. Nor do the regu¬
lations prohibit a contract whereby a station agrees to take all the
programs of a network if the time is available when such programs
are offered, subject to the station’s right to refuse or reject the
programs pursuant to section 3.10S of the regulations.

James Lawrence Fly,

Chairman, Federal Communications Commission.”

Chairman’s Letter to Committee

Chairman Fly made public the text of a letter he has addressed
to Senator Burton K. Wheeler, Chairman of the Senate Interstate
Commerce Committee. It reads as follows:

“June 14, 1941.

“The Honorable
Burton K. Wheeler,

United States Senate,

Washington, D. C.

Dear Senator Wheeler:

“I shall, of course, remain at the service of the Committee
during the course of the current investigation and shall be pre¬
pared to appear later to assist the Committee to the best of my
ability. Meanwhile, I think it may be helpful to comment now on
two significant points mentioned by recent witnesess:

“1. Witnesses have urged that the large stations may take over
the good programs from the small stations. On the contrary we
have consistently pointed out that a station may make a con¬
tract with a network which will give that station first call upon

544- June 20, 1941

all the network’s programs. This being true, no station can deprive
another station of its network programs unless the latter station,
itself, has voluntarily rejected those programs. This was made
clear in my telegram to Gordon Brown of Rochester, New York,
on May 24. For the information of the Committee, I attach
herewith a copy of that telegram. I have checked the point with
the Commission and we are agreed upon the foregoing construc¬
tion of the rule.

“2. It has been suggested that there has been a reversal of the
practice by which the Commission has maintained a station on
the air throughout the administrative proceedings and throughout
the litigation involving the question as to whether the station
should continue on the air. This is a long-standing policy of the
Commission and this is the policy which I, as Chairman of the
Commission, assured the Committee would be applied in connec¬
tion with the antimonopoly rules. The case urged upon your
Committee was that involving the granting of nighttime operation
to Station WHDH at Boston on the same wave length as Station
KOA at Denver. KO.^ unsuccessfully sought to stay the grant
to W’HDH. There was no threat to the continued existence of
KOA as a SO kw station and there is no real impairment of its
day or night service. Permitting the Boston station to operate at
night during the period of litigation is a far cry from the notion
that the license of any station would be terminated without a
completion of any judicial proceeding involving that question.

Respectfully yours,

James Lawrence Fly,

Chairman.”

Commission Clarifies “Blue” Order

To clarify the Commission’s intent that the National Broadcast¬
ing Company shall have ample time in which to dispose of one
of its two networks in order to conform to the new chain broad¬
casting regulations, the FCC amended the last paragraph of its
order of May 2 so as to leave no question but that the stipulated
90-day deferment period pertains to disposal of one NBC network
as well as to the disposition of individual stations by networks,
and, further, that the effective date of compliance in either case
“may be extended from time to time in order to permit the
orderly disposition of properties.”

The concluding paragraph of the order, as amended, now reads:

“IT IS FURTHER ORDERED, That these regulations shall
become effective immediately: Provided, That, with respect to
existing contracts, arrangements, or understandings, or network
organization station licenses, or the maintenance of more than
one network by a single network organization, the effective date
shall be deferred for 00 days from the date (May 2, 1941) of this
Order: Provided further. That the effective date of Regulation
3.106 with respect to any station and of Regulation 3.107 may be
extended from time to time in order to permit the orderly dis¬
position of properties.”

In thus clarifying its purpose that the networks and stations
concerned shall have ample time for adjusting themselves to the
new requirements, the Commission points out that it is now
permissible for stations to enter into new affiliation contracts with
NBC, pending disposal by the latter of one of its networks, if
such contracts satisfy all other requirements of the May 2 regu¬
lations.

Technicians Shortage

Following is a summary of a survey of the shortage of broad¬
cast technicians which the NAB is sending to the National Selec¬
tive Service Board. That board, if it finds it advisable, can
recommend that local boards give special consideration to broad¬
cast technicians. Under the law, no blanket exemptions are
permitted. Broadcasters may be able to use this information to
advantage in discussing individual problems with local boards.

Seventy-six percent of the radio technicians employed by the
Broadcasting Industry May 1, 1941, are either within the Selec¬
tive Service ages 21-35 or hold reserve commissions.

More than six percent of the radio technicians have been drawn
from the industry to the armed forces by Selective Service, en¬
listment or call to duty as reservists. Three percent of presently
employed technicians hold reserve commissions and are subject to
immediate call. Twenty-three percent of presently employed
technicians are single men, subject to early Selective Service call.

In addition, heavy toll in technical ranks has been taken by the
FCC, apparently for monitoring service; by the Civil Service
Commission for specialized training courses; by other Federal
.Agencies, and by other defense industries in need of men with
such training.

This heavy drain is not being replaced. Training schools which
formerly trained men for technical positions in the broadcasting
industry are now devoting their entire facilities to training men
for Army, Navy and Aircraft communications services.

The stringency of the situation is reflected in the majority of
stations reporting difficulty in securing technical replacements.
Many stations report inability to obtain any replacements and are
forced to operate “short-handed” with costly over-time payments.
Others have been forced to take inexperienced replacements who
lack the required FCC operator’s license and are of little value
until trained for six months. Those reporting no particular diffi¬
culty yet are, for the most part, larger stations. These have drawn
relpacements from the ranks of the smaller stations by the ability
to pay higher salaries.

.As of the time of this survey the situation is difficult, but the
above facts reveal that it is rapidly moving to a point where con¬
tinued operation of the nation’s broadcast stations is endangered.

BMI

BMI Composers Hit the Jack Pot

Broadcast Music, Inc., announced today that checks were being
sent out to authors and composers in compensation for the perform¬
ance of their works on the air during the first quarter of 1Q41.
This marks the first time in the history of music that authors
and composers have been paid performance royalties on popular
music in direct ratio to the performance of their compositions in
the United States. They are receiving 2c per performance per
station, representing double the amount which BMI originally
stated it would pay. In the case of a network hookup, payment
is made for each participating station. Publishers’ payments
will go out next week and will include a Ic bonus per perform¬
ance per station over the contract price.

Under the BMI system of performance payments, individual
hit numbers earned from $800 to $1200 for their writers in the
first quarter of this year. Research reveals that the amount BMI
is paying on performances for a hit number for a quarter-year
is higher than that paid heretofore to all but approximately 175
writers for the performance of their wmrks for an entire year.

.Authors and composers of BMI hits are individually receiving
more than five thousand dollars a quarter from their combined
royalties (air, sheet music and mechanicals). These payments are
going to writers who, for the most part, have not been able to
earn any money from their talents for musical composition prior
to the formation of BMI.

ASCAP Decrees Suit

-ASCAP has announced that it has authorized its legal counsel
to institute civil suit for damages under the Sherman Anti-Trust
.Act against the N.AB, BMI, NBC and CBS. The suit, if brought,
will be vigorously defended.

New Radio Logging Begins

The radio log and program analysis of popular music compiled
by the Office of Research, Radio Division, and directed by Dr.

John G. Peatman, Professor of Psychology of the College of the
City of New A’ork, got under way on Monday, June 16th with
the most complete records of performance which have been made
available. BMI is financing the research job by Dr. Peatman
following a refusal by the Accurate Reporting Service to check
performances on all New York Stations. The work is done both
day and night and distributed the following morning to those
interested in performance compilations. The figures constitute a
valuable record which will be useful later on in combining trend
studies in regard to popular music.

Suit to Clarify Performance Rights in Marks’
Songs

Broadcast Music, Inc. and Edward B. Marks Music Corporation
commenced suit against .ASC.AP for a declaratory judgment in the
Supreme Court of New York today (Wednesday). The action is
a test case which does not seek damages but asks that “the court
declare the rights and other legal relations of the plaintiffs and
.ASC.AP” in certain musical compositions. The compositions se¬
lected for the test case are Bluer Than Blue by Lew Pollack and
Tot Seymour, You Fit Into The Picture by Bud Green and Jesse
Greer, and Mississippi River by J. Rosamond Johnson and Frank
.Abbott. .All of the composers of these compositions, except
.Abbott, are members of ASC.AP.

Edw'ard B. Marks Music Corporation resigned from .ASC.AP at
the end of 1940 and granted all of its performing rights in the
works included in their catalogue to BMI. The suit does not
involve in any way the numbers in the Marks’ catalogue which
are presently being performed by BMI licensees. How'ever, BMI
has to date voluntarily refrained from the performance of works
w'l'itten by .ASC.AP members during the period of their membership
in .ASCAP as ASC.AP has asserted certain rights in these works.

BMI officials pointed out that a clarification of the issues in¬
volved w'ould be beneficial to all parties concerned and to the
public as the result of ASC.AP’s claims has been to prevent certain
works from being performed. Under the agreements between
.ASC.AP writers and their respective publishers, an executive of
BMI said. .ASC.AP writers assigned all of the performing rights in
their works to their publishers. .As a result, Edward B. Marks
Music Corporation claims that it owms all of the performing
rights in the wmrks named in the suit. .ASC.AP has not hitherto
made clear whether it contends that the performing rights under
these works are the property of ASC.AP’s publisher members or
ASC.AP’s composer members. The suit is intended to have the
court declare who owns the rights so that the compositions in¬
volved will be available for performance.

Let’s Look at the Record

Listening to musical radio programs has increased since January
1st.

The “vested interests” of the musical world said it couldn’t be
done. They said that after January 1st, 1941 the public would
stop listening to musical programs on the radio. They said their
music was indispensable.

What actually happened? Let's look at the record.

Popular Concert

Average C.A.B. Rating for Period Music Music

Jan. 1940 to .April 20, 1940 . 10.0 9.6

Jan, 1941 to April 20. 1941 . 10.2 10.2

Percent of Increase 1941 over 1940 , 2.0% 6.2%>

Listening to musical programs went up. This increase ran
against the general listening trend. More network programs of
popular music are being sponsored. The Hooper analysis shows
an increase of 9% in the number of hours devoted to sponsored
popular music on networks.

Musical Feast

There are so many solid hits now among the BMI controlled
tunes that coin machines are not only reaping a harvest, but records

June 20, 1941 — 545

are selling unusually well. The Hut Sul Song is the sensation of
the year having climbed to the top more rapidly than any other
song this season.

Amapola is still going strong; G'bye Now is fighting for the top
and My Sister And /, Maria Elena and Daddy are all in the first
division. Coming into the spot light of popularity are, Everything
Happens To Me, .1 Little Bit South of North Carolina, Green Eyes,
Let’s Get Away From It All, Friendly Tavern Polka, and The
Things I Love. Among the possibilities. Billboard has this to say
in regard to BMI's The Reluctant Dragon: “This song comes from
the soon-to-be-released Walt Disney movie cartoon feature of the
same title. It is quite possible that it may be a strong follow-up
to the currently popular Daddy" .

BMI FEATURE TUNES
June 23 - June 30

1. I WENT OUT OF MY WAY

2. ALL ALONE AND LONELY

3. MY SISTER AND I

4. WISE OLD OWL

5. WALKIN’ BY THE RIVER

6. BECAUSE OF YOU

7. G’BYE NOW

8. WHAT D’YA HEAR FROM YOUR HEART

9. HERE’S MY HEART

10. WITH A TWIST OF THE WRIST

11. THE RELUCTANT DRAGON

In preparation: Wasn’t It You by the writers of
You Walk By

“Dipping Into the Claret”

Under date of June 18th, Variety points out in a Hollywood
dispatch that a lifetime studio job awaits the songwriter who can
get picture tunes on the air. Says the correspondent:

“Understood studio heads have grapevined the word that the one
who comes through with a solution to the problem goes on the
payroll for life, or rather the life of the studio. Unique arrange¬
ment is the result of the alarm felt at 20th-Fo.x and other major
studio front offices over the dismal grosses of musicals. Since the
first of the year, when the broadcasters broke with ASCAP, not a
single musical has earned its keep and the red smears are said to
be broad and scarlet. . . .

"While in somewhat of a dilemma over the reasons behind
tohogganning grosses, studio heads concede it is no secret why
musicals arc hitting so many sour notes at the box office. It is
pointed out that in previous depressions in picture revenue, musicals
more than held their own and showed profit where the others
dip])ed into the claret. Once back on NBC and CBS, to get the
millions of listeners humming and whistling ditties from the
filmusicals, it is assumed that biz will take the upbeat fast-like.
In support of this contention they have but to scan receipts of
musicals released prior to the muting of ASCAP tunes on the major
webs. Black ink was used with few exceptions.”

Labor

Pay Averages

Radio’s 2t,646 full time employees the week of October 1,1, 1940,
received an average of ,$47.1,1 — probably the highest weekly wage
in any industry in the country. This average compared with

546- June 20, 1941

$45.92 the corresponding week of 1939, and with $45.12 the week
of March 6, 1938.

These figures are based on statistics made public by the FCC.
They do not include the employees of advertising agencies and thus
do not reflect the pay of stars on the big commercial shows.

Here are some of the averages for classifications of most interest :

Stations

Networks

All Executives .

. . , 84.69

251.68

Operators .

. 40.49

62.05

Production .

. 41.03

62.56

Writers .

. 32.43

57.99

■Announcers

. 34.63

61.86

Staff Musicians .

. 48,01

111.92

Outside Salesmen , .

. 55,59

105.22

ACA Plans

The ACA (C.I.O.) has decided to concentrate its drive to organ¬
ize broadcasting employees to the area “bounded roughly on the
north by the Great Lakes, on the east by Boston, on the south b\’
Virginia and on the west by Pittsburgh,” This was decided at an
executive committee meeting May 17 in Philadelphia.

Cost of Living

The Labor Department reports that the cost of living advanced
0.7 per cent from April 15 to May 15, and on the latter date was
2.4 per cent above the level of last June. The increase since August,
1939, has been 4.4 per cent.

A. F. of M. Convention

The Seattle convention of the A. F. of M. directed the union’s
executive board to “make every endeavor . . . at the earliest
possible moment” to solve what the delegates apparently thought
was an extremely serious situation growing out of the use of
recordings.

This action was taken in lieu of action on several resolutions
directed at the making and use of recordings.

The convention rejected a resolution which would have revoked
a recent rule by the national officers against the announcement of
engagements by bands playing on the radio.

All officers were reelected, and Dallas, Texas, was chosen for the
next convention.

James C. Petrillo opened the convention with a lengthy attack
on Thurman Arnold.

Sales

Please direct this section to the attention of your sales manager.

Bankers Hear Talk on Radio

Representing the NAB, Craig Lawrence, commercial manager
of the Iowa Broadcasting Co. and member of the NAB Sales
Managers’ Executive committee, addressed the annual conven¬
tion of the American Industrial Bankers Association June 17, at
Colorado Springs, Colo., on ‘‘Radio and the Industrial Banker.’’

Highlights of Mr. Lawrence’s speech are given here. .1
limited number of complete copies of the talk are available
free upon request while they last.

Broadcasting is one of the greatest social forces of our time,
as its growth during the past ten years will illustrate. In 1930
there were 12 million radio homes in the FInited States; in 1940,
over 29 million, a gain of 250 per cent. In 1930 there were no
automobile sets; last year there were 8 million. Ten years ago the
total sets in use were 13 million; today we have the staggering
total of 50 million sets, exceeding the number of telephones, electric
refrigerators and washing machines combined.

Radio has an especially significant social aspect, representing the
quickest way to communicate with our millions of citizens. Seventy
per cent of the radio homes in the United States — the Glutzes and
the Morganbilts — heard President Roosevelt declare a total emer¬
gency, by radio, meaning that 90 million people in over 20 million
homes were listening.

Although a child of the depression years, radio advertising has
increased from a gross of 62 million dollars in 1930 to 207 millions
in 1940. While radio was increasing 850 per cent, magazine ad¬
vertising declined 30 per cent, newspaper declined 31 per cent,
outdoor declined 41 per cent, and farm paper advertising fell .SI
per cent — chiefly because radio is extremely sound as a social force.

The real meat of radio consists not merely of entertainment,
but in the free services given the radio public: the broadcasting of
News, fast, assurate, unbiased; of such undramatic things as
weather forecasts, temperature reports, livestock and grain quota¬
tions, and other public service features of that type. It is the
broadcasting of King Edward’s abdication speech, a Roosevelt
Fireside Chat, Winston Churchill reporting to an empire, America’s
Town Meeting of the Air, a Toscannini Symphony, the New York
Philharmonic, and dozens of other educational and cultural features
for men, women and children. That’s why Americans listen to
SO million radio sets an average of four and one-half hours per
day. That’s what really makes broadcasting.

David Sarnoff has said “The richest man cannot buy for himself
what the poorest man gets free by radio.’’ That is radio as a social
force. To me it is actually remarkable that business men are per¬
mitted to buy advertising (and fellows like me are permitted to
sell it) in connection with an instrument of so much public in¬
fluence. It could probably only happen in America. Yet, that is
what has bidlt American broadcasting and that is why the Ameri¬
can public gets the most complete, the most satisfactory and the
most expensive radio service in the world today.

Comparison of Media

Since our organization publishes four newspapers and operates
four radio stations, I can regard both forms without prejudice.
They have several points in common: circulation, space, and selling
copy.

In all media, circulation is potential: the total distribution of
newspapers and total number of radio homes; and it is actual:
the number that actually sees or hears your advertisement. Radio
leads among all media in establishing means of learning the actual
circulation of its programs. Continuous listener check-ups, organi¬
zations such as the C.A.B., the C. E. Hooper Co. and others are
constantly enabling advertisers to follow the trends of their pro¬
grams, and making it easier to buy radio because it is the only-
medium so far in which there is a constant over-all check-up of
net, or actual, circulation.

The primary function of the newspaper advertisement or the
radio program is to attract attention and arouse interest. In the
newspaper this is done by the proper combination of layout, art
work and heading; in radio by a well-balanced, well-produced
program of entertainment or service value. The size of the ad
or length of the program has a bearing on the amount of actual
circulation you get, and the favorable setting created for the selling
copy-.

In both media, selling copy must complete the job, because all
media are only a means of contact between you and your prospect.
You can influence your results by the effectiveness of what you
say.

The one big advantage radio enjoys is the human voice. Since
time began the voice has been the natural and most used form of
communication, and now through the miracle of radio it reaches
bigger audiences than were ever before possible by any means.
Our educational system is based on it (what if we had to depend
entirely upon correspondence schools?); most business is con¬
ducted upon exchange of ideas or agreements through the spoken
word. You can complete arrangements for a loan with a man and
his wife much easier in your office than you can by mail. Experi¬
ments by institutions such as Harvard and Ohio State College show

that the ear gets information easier and retains it longer than the
eye.

To advertise your product, which is money, first give plenty of
attention to the subject of whom you wish to reach and the best
way of doing it. Who are your prospects? What type of people
are they? How do they live? Are they married or single?

Radio is an extremely elastic medium. You can build your pro¬
gram or select your time to reach any type of person, or any
income group; by using the proper program content you can
control your circulation to an amazing degree.

Borrowing or investing money is a serious concern in the busi¬
ness of running a home, decided nine times out of ten by the
board of directors which consists of Mr. and Mrs. America. Here
is another of radio’s unique advantages; you have the family-
board of directors together, listening to your program. There is
no competition from any other advertising at the time they are
listening, no big or little advertisements playing around on all
sides of it, vying for their attention — extremely important from a
sales and public relations standpoint. Radio’s ability to deliver
uninterrupted and undivided attention for your message in the
homes of your prospects is definitely worth money to you.

The Federal Home Loan Bank System, querying its 1200 mem¬
bers, learned that the average spent by each of these on radio
advertising was $898 per year, but the most successful advertisers
spent more than that. When expenditures were over $1000 the
ratio of satisfied sponsors to dissatisfied sponsors was three to
one; the average expenditure of those experiencing good or ex¬
cellent results was $1518 per year, and the average duration of
their campaign was 32.3 weeks per year. There is a great argu¬
ment there for consistency, true of any advertising but particularly
true of radio.

The most satisfactory unit of time was IS minutes; next, 5
minutes; next, one minute, and next, 30 minutes. The most
satisfactory frequency was a five-per-week schedule for programs;
most announcement users were on the air either six or seven days
per week. One-third of all campaigns consisted of spot announce¬
ments; music and News programs ranked next, and News sponsors
reported the highest proportion of good or excellent results.

Answers to Questions

"Which is most effective, intensive broadcasting or periodic
broadcasting?’’ Unless your short-time schedule is very sensa¬
tional, it will probable not be as effective as regular, consistent,
52-week advertising, because of the habit-forming characteristics
of radio, because constant repetition in selling is a strong factor,
because of the economy of frequency discounts. Stop-and-go
advertising is often expensive.

"What percentage of the budget should be devoted to radio?’’
That depends upon the size of the total appropriation, competition
and other factors. To do a thorough, consistent job, in some
cases it might require 90 percent, or 50 percent, or only 15 or
20 percent.

"What type of radio is most effective?” The Federal Savings
and Loan report lists News and popular music programs as highly
effective, but also shows a great variety including news com¬
mentators, five-minute talks. Musical Clocks, women’s participat¬
ing programs, man-on-the-street, historical, little-known facts
about the city, etc. Let’s put it this way: find a program with
a built-up audience among the type of people you want to reach,
at a time they are available, or build one which will create such
an audience quickly. I suggest you put the burden of proof and
selection on the radio station ; all radio men I know are anxious
to get results for their advertisers. Talk over your problems,
the type of people who borrow or invest with you, determine your
budget, and let him deliver the maximum on your investment.

"Do you recommend large stations and fewer announcements or
programs, or small stations and more advertising for the same
budget ?” This depends on the coverage you want, relative sta¬
tion popularity, and whether or not your budget will buy a con¬
sistent, adequate service

“Is radio more effective in large or small cities?” There is prac-

June 20, 1941 — 547

tically no difference ; radio success stories come from markets of
all sizes.

"Is it effective for a small company in a larjje city?” Especially
so ; few people can compare one institution with another and tell
which is bigger or more substantial, and very few care to look at
financial statements to find out. To them the size of the company
is whatever they make it in their own minds. In creating this
mental picture of your business and the desirability of doing
business with you, they depend upon your advertising. A small
business, advertising creditably on a good radio station in asso¬
ciation with leading advertisers, benefits from this association.

“How much commercial should a l,S-minute News program
contain?” This is a matter of judgment, of course, but generally
not over 2J/j to 3 minutes, preferably divided into two sales
talks at approximately the S-minute and 12-minute points, and
with the commercials in the same tempo and mood as the pro¬
gram itself.

"What times and frequency are most effective for spot announce¬
ments?” Personally, we have had best results from spot announce¬
ments scheduled three or more times per day, seven days per
week. A morning-afternoon-and-evening schedule gives you a
very large circulation; otherwise, times should be selected to
reach the type of audience you want.

"What length of campaign is most effective?” 1 wmuld say that
your first contract should preferably be for 52 weeks, with 26
weeks as a minimum. A large agency states that from its records
it can usually gauge a program’s success at the end of the 26th
week. Their formula requires checks at the end of the 6th, 13th
and 26th weeks; they say the 13-week response should double
the 6th, and the 26th should double the 13th. Some programs draw
immediate response; others require a longer build-up. I recall one
large bakery which saw no sales increase at the end of 11 weeks,
and almost cancelled the program which later the same year gave
them increases up to 25 per cent of their monthly volume.

“Can 50-word announcements have real advertising pull?” Ab¬
solutely, if you have an interesting story to tell. The highlights
can easily be told in 50 words.

“What type of bank clients are secured by radio advertising?”
Mr. Pittman, president of the Morris Plan Bank of Philadelphia,
says: “We were told before our broadcast started that radio would
reach a lower income group mass audience; however, we found
that many of our new customers came from a higher income groiijr
than our advertising had previously attracted. The size of our
average loan increased 21 per cent in the first eight months of our
radio campaign. Results not only kept pace but each succeeding
month produced greater results than the previous one. During our
first year on the air our loan volume increased 51.7 per cent over
the same period the previous year; our savings increased by the
unbelievable total of 152.9 per cent.” This firm sponsors a daily
evening News broadcast.

Let me add an evangelistic note. More people are listening to
more radio sets more hours every day than ever before, because
radio is basically sound, is the most direct and fastest means of
communication in existence today, and is one of the greatest social
forces of our time. In any business, such as yours, where public
relations is such a vital factor, you must look to the future. Adver¬
tising, your chief means of public relations, is also communication,
and communication changes. The jungle method of smoke fires
and tom-toms seems ludicrous today. Who knows what the next
ten years will bring, such as in the fields of frequency modulation
and television? In other words, radio is of today and tomorrow.
Every business firm which is in tune with progress and is looking to
its future will do well to begin to use radio broadcasting, and find
the most effective formula for its use today. It is something that
will pay great dividends — immediately and in the years to come.

Per-Inquiry and Free Offers

Hegiiis Advertising, New' York, is seeking per-inquiry deals
for the Nii-I*li()iiie Corporation, manufacturers of phonograph
records.

Metro|*olitan IJfe Insnranre Co., New' York, offers a free
“information service” to broadcasters.

548 — June 20, 1941

Miami Beaeii, Fla., is reported by NAB members as securing
considerable free radio time by promoting a contest to select the
“Radio Queen of the South.” In a newspaper publicity story the
contest director boasts that last year’s contest “produced some
$7,000 in free radio publicity for Miami Beach.” Comments an
N.^B member: “This prejudices the opportunity of selling resort
advertising. Potential advertising from municipalities, chambers of
commerce and individuals with resorts and vacation spots can con¬
stitute a sizeable amount of business, but if we give it away we
have little chance of ever selling it.”

Kingliiig Brothers Circus, through its advance man, is re¬
ported to be offering passes in exchange for time.

Correction in Dates

In the article on "Effective Retail Selling” by Bruff Olin pub¬
lished here in the June 6 issue, it W'as said that “a better-than-
average half-page new'spaper advertisement is read by less than
10 per cent of a newspaper’s circulation” according to Editor &
Publisher of February 8, 1940. The date should be the issue of
February 8, 1930.

Legislation

New Recording, Libel Laws

F’lorida legislation effective June 12 abolished any asserted
common law' rights to collect royalties on the recorded perform¬
ances embodied in phonograph records and electrical transcriptions
once the records and transcriptions are sold in commerce for use
in Florida. This act, in effect, writes the holding of the court in
RCA V. Whiteman into the statute law of Florida.

The act is as follows:

An Act to prevent claims for additional compensation, fees or
payment after sale of phonograph records, transcriptions or any
form of recorded music and entertainment, or collection of licenses
for the use of same after sale, by any performing artist, manu¬
facturer or organization representing such performing artist or
manufacturer, and to protect the purchaser thereof in its or their
use for any purpose whatsoever.

Be it enacted by the Legislature of the State of Florida:

Section 1. When any phonograph record or electrical transcrip¬
tion, upon which musical performances are embodied, is sold in
commerce for use within this State, all asserted common law rights
to further restrict or to collect royalties on the commercial use
made of any such recorded performances by any person is hereb>'
abrogated and expressly repealed. When such article or chattel
has been sold in commerce, any asserted intangible rights shall be
deemed to have passed to the purchaser upon the purchase of the
chattel itself, and the right to further restrict the use made of
phonograph records or electrical transcriptions, whose sole value
is in their use, is hereby forbidden and abrogated.

Section 2. Nothing in this Act shall be deemed to deny the rights
granted any person by the United States Copyright laws. The sole
intendment of this enactment is to abolish any common law rights
attaching to phonograph records and electrical transcriptions,
whose sole value is in their use, and to forbid further restrictions
or the collection of subsequent fees and royalties on phonograph
records and electrical transcriptions by performers who were paid
for the initial performance at the recording thereof.

Section 3. If any section in this Art or any part of any section
shall be declared invalid or unconstitutional such declaration of
invalidity shall not affect the validity of the remaining portions
hereof.

Section 4. All acts or parts of acts in conflict herewith are
hereby expressly repealed.

Section 5. This Act shall take effect upon its approval by the
Governor.

Approved June 12, 1941.

.Also on June 12, an amendment to the Florida libel law became
effective. By this amendment a radio station has the right, but

is not compelled, to require the submission of written script 24
hours before the time of broadcast. If submission of the script is
so required, the station is freed from liability for any libelous or
slanderous utterances broadcast which were not contained in the
script.

The amendment is as follows:

An Act to amend Section 1 of Chapter 19616 Laws of Florida,
Acts of 1939 entitled “An Act in Relation to the Civil Liability of
Owners, Lessees, Licensees and Operators of Radio Broadcasting
Stations and the Agents and Employees of Any Such Owner, Lessee,
Licensee or Operator, for Radio Defamation or Libelous State¬
ments.”

Be it enacted by the Legislature of the State of Florida:

Section 1. That section 1 of chapter 19616 laws of Florida, 1939,
be and it is hereby amended to read as follows:

“Section 1. The owner, lessee, licensee or operator of a radio
broadcasting station shall have the right, but shall not be com¬
pelled, to require the submission of a written copy of any state¬
ment intended to be broadcast over such station twenty-four hours
before the time of the intended broadcast thereof ; and when such
owner, lessee, licensee or operator has so required the submission
of such copy, such owner, lessee, licensee or operator shall not be
liable in damages for any libelous or slanderous utterance made
by or for the person or party submitting a copy of such proposed
broadcast which is not contained in such copy ; but this Act shall
not be construed to relieve the person or party, or the agents or
servants of such person or party, making any such libelous or
slanderous utterance from liability therefor.”

Section 2. If any section in this Act or any part of any section
shall be declared invalid or unconstitutional such declaration of
invalidity shall not affect the validity of the remaining portions
hereof.

Section 3. All acts or parts of acts in conflict herewith are hereby
expressly repealed.

Section 4. This Act shall take effect upon its approval by the
Governor.

Approved June 12, 1941.

National Defense

Radio Men in Service

KNX — Los Angeles

George G. Carter, Company L. S3rd Infantry, Fort Ord, Cal.

Robert T. Hall, Company A, 76th Infantry, Camp Roberts,
San Miguel, Cal.

Alden C. Packard, U. S. N. R., USS Albermarle, % Postmaster,
New York, N. Y.

George R. Haysel, Comm. 9. 3rd Student Training Bn. Officers,
Infantrv School, Fort Benning, Ga. After August at Fort
Ord, Cal.

Glenn Y. Middleton, Company D, 79th Infantry, Camp
Roberts, Cal.

Jack Clinton. Aviation Cadet. Class I-C. Room 106, Bldg. 24-6.
Naval Air Station, Corpus Christi, Texas.

Erie Frady, Headquarters Company, 17th Infantry, Fort Ord,
Cal.

KFDM — Beaumont

A1 Donaldson, U. S. N. R., Charleston, S. C.

Leon Taylor, Fort Sam Houston, San Antonio, Texas. Intelli¬
gence Service, Headquarters Troop, Third Army.

WCAO — Baltimore

Captain Francis R. Dice, 17Sth Infantry — “C” Barracks, Room
20, Fort Meade, Maryland.

Private Raymond R. Moffett, Company “B” — 7th Engineering
Training Battalion, Engineer Replacement Center, Fort
Belvoir, Virginia.

War Department Transcriptions

It is understood that the FCC has approved War Department

transcription programs containing incidental personal messages.

Gilbert Newsome

Edward E. Bishop, WGH, Norfolk, Va., asks for information
as to the whereabouts of Gilbert Newsome, an announcer.

Father Burk

Father W, A. Burk, S. J., has had another serious heart attack
which has made it impossible for him to return from St. Louis to
Station WWL, New Orleans, as planned. Although the date of
Father Burk’s return to radio is now indefinite, the NAB and all
its members join in hoping that it will be soon.

FEDERAL COMMUNICATIONS
COMMISSION

FCC Refuses Stay

The FCC on June 12 refused to stay its decision of April 1,
pending appeal by NBC, of an order permitting Station WHDH,
Boston, to share a “clear channel” with Station KO.\, Denver.
Said Chairman Fly in his “specially concurring” opinion:

For the reasons stated above and particularly since there is no
real injury to Station KOA, and since Station WHDH moves for¬
ward with knowledge of any legal risks involved, I concur in the
foregoing decision denying the stay. The Commission heretofore
has arrived at a final decision upon the merits of this case, in
which I did not participate, and I do not want by expressing any
opinion on a procedural matter to be understood as expressing an
opinion on the merits of the decision. At the same time I entertain
no doubt as to its legality.

Great waste results from the fact that clear channel stations
whose raison d’etre is to serve over great distances and in vast rural
areas of the country, have to a great extent been concentrated along
the coasts and the borders of the country. The power is impacted
into the lucrative markets of large metropolitan areas w-hich are
already fully served, if, in fact, not over served, while a great por¬
tion of the signal strength of the clear channel station is wasted
upon the sea. Thus, while listeners in New York, Chicago, and
Los Angeles may tune in on a dozen stations, there are vast rural
regions in upper New England, in some areas of the South, and in
the great trans-Mississippi area where the listening public has
difficulty in receiving programs of even one station. The need for
a studious, careful appraisal of this vital problem is apparent. If
the clear channel wave lengths are to be further exploited, the plans
for that exploitation ought to be made in the light of these domi¬
nant factors and as a result of a full study.

“Little Brooklyn Cases”

Though radio stations have “a recognized duty to present well
rounded programs on subjects which may be fairly said to con¬
stitute public controversies of the day within the framework of
our democratic system of government,” the FCC “will not tolerate
hostile propagandizing in the interest of any foregn government
which has repeatedly and flagrantly expressed its enmity to this
country and to the continued existence of its basic system of
government.”

The Commission so declared in adopting its decision and order
in the so-called “Little Brooklyn cases,” which involved 11
Brooklyn, N. Y., radio stations or applicants. The Commission
has concluded on the basis of the record, and in view' of the oral
argument, to depart from its Proposed Findings of Fact and Con¬
clusions (B-131), as announced February S of this year, and to
leave the parties as it found them at the date of the oral argument.

Consequently, today’s decision and order grants renew'al of the
license of WCNW, Arthur Faske, w'hich the Proposed Findings
and Conclusions would have denied.

The decision and order permits WWRL, Long Island Broad¬
casting Corporation, Woodside, Long Island, N. Y., to operate

June 20, 1941 — 549

as now, but denies WWRL’s request to assume the operating
hours of WCNVV, which had been proposed.

In modifying its proposed findings to permit the two stations
to operate on the same time-sharing basis as now, the Com¬
mission comments;

"In so doing the Commission is not to be construed as depart¬
ing from its position that time-sharing stations “do not represent
a healthy situation and are not to be encouraged. The Com¬
mission does feel, however, that there is nothing in the record to
warrant the economic death penalty on either station at the
instance of the other. The situation as it now exists will be
permitted to continue but the Commission will be continually
interested in the public service records which these two appli¬
cants may compile.”

Commissioner Case voted for adoption of the proposed findings
and conclusions as adopted February S.

New York “FM” Congestion

Because applications for FM broadcast stations in New York
City exceed the number of available frequencies for operation in
that locality, the FCC is considering establishment of a North
Jersey service area, meanwhile making certain reallocations to
enable as many applicants as possible to engage in this new type
of broadcast service.

There are six Class A, 22 Class B, and seven Class C frequencies
set aside for FM broadcast. However, it is not feasible to use all
of the FM channels in the same area, as operation of stations on
adjacent channels would result in objectionable interference.
Consequently, FM construction permits for the Manhattan area
were held up pending solution of this local problem.

On the basis of engineering study, and as a result of con¬
ferences with New York applicants, the Commission is now
enabled to issue permits pursuant to grants previously announced,
except in the cases of the Frequency Broadcasting Corporation,
Brooklyn, which is expected to shift from 4S900 to 49900 kilo¬
cycles, and Pennsylvania Broadcasting Company, Philadelphia,
which is expected to go from 44700 to 44900 kilocycles.

The Commission is notifying two applicants — Bremer Broad¬
casting Corporation and New Jersey Broadcasting Corporation —
that establishment of a North Jersey FM service area is under
consideration, and that they may request Class A frequencies for
such service.

In view of these adjustments, the Commission is now able to
announce the grant of three additional New York FM applications
as follows:

Muzak Corporation, to use 44700 kilocycles (Class B channel),
to serve 8500 square miles.

Interstate Broadcasting Company, Inc., to use 45900 kilocycles
(Class B channel), to serve like area.

City of New York Municipal Broadcasting System, to use
43900 kilocycles (Class C channel), to serve 3900 square miles.

FCC Notice

Report No. 9 — Actions on Rules and Regulations

The Commission en banc today modified the Rules Governing
STL (Studio Transmitter Link) broadcast stations effective imme¬
diately as follows:

At each place in which the designation “STL” appears in Sec¬
tion 4.31-4.36 inclusive, of the Commission’s Rules and Regula¬
tions, the designation “STL” is hereby stricken and the designa¬
tion “ST” substituted therefor.

Footnote No. 1 appended to Section 4.31 of the Rules is hereby
amended to read as follows;

1 The abbreviation “ST” is derived from “studio-transmitter.”

Order Amendment

The FCC adopted an amendment to the order in the matter of
the applications of Hobart Stephenson, Milton Edge, and Edgar

550- June 20, 1941

J. Korsmeyer, d/b as Stephenson, Edge and Korsmeyer, and Helen
L. Walton & Walter Bellatti, all applicants for a new station in
Jacksonville, Ill. (B-130).

The sixth paragraph of the Order of May 22, 1941, referring to
grant of Stephenson, Edge and Korsmeyer application, was amended
by inserting therein the following:

“Prior to the issuance of a construction permit, the applicant
shall obtain approval of the Commission of the exact transmitter
location and antenna system to be used. Application for such ap¬
proval shall be filed within two months after the effective date of
this order. If for any reason such application canont be submitted
within the time allowed, an informal request for extension of time
must be submitted stating the necessity therefor.”

897 Stations

During the month of May, 1941, the FCC issued operating
licenses to thirteen stations and granted seven permits for the
construction of new stations. One station was deleted. A com¬
parative table by months follows:

Operating. . .
Construction

783 791 799 806 810 816 825 831 835 836 837 836 849
53 56 58 57 54 52 51 51 46 54 54 55 48

836 847 857 863 864 868 876 882 881 890 891 891 897

FEDERAL COMMUNICATIONS
COMMISSION DOCKET

FUTURE HEARINGS

During the past week the Commission has announced the follow¬
ing future hearings in broadcast cases. They are subject to change.

Monday, June 30

Broadcast

NEW — KNOE, Incorporated, Monroe, La. — C. P., 1420 kc., 250
watts, unlimited.

KFNF — KFNF, Incorporated, Shenandoah, Iowa. — Renewal of li¬
cense, 920 kc., 500 watts night, 1 KW day, SH-KUSD.

Television-Broadcast

W2XD — General Electric Company, Schenectady, N. Y. — Eor li¬
cense to cover C. P., 162000-1(580(10 kc., 40 watts, emission
A-S, Sec. 4.4(a) .

W2XI — General Electric Company, New Scotland, N. Y. — For
renewal of license. 162000-168000 kc., 10 watts, emission
A-S, Sec. 4.4(a) .

W2XB — General Electric Company, New Scotland, N. Y. — For
renewal of license. 60000-860(10 kc., aural 3 KW, visual 10
KW, Sec. 4.4.

Wednesday, July 16

Broadcast

Consolidated Hearing

NEW — Mid-America Broadcasting Corporation, Louisville, Ky. —
C. P., 1040 kc. (1080 kc. NARBA), 1 KW night, 5 KW
day, unlimited time, DA-day and night.

WGRC — Northside Broadcasting Corporation, New Albany, Ind. —
C. P., 1040 kc. (1080 kc. N.4RBA), 5 KW, unlimited time,
DA-night and day. Present assignment: 1400 kc., 250
watts, unlimited time.

Monday, July 21

Broadcast

KGO & Auxil. — National Broadcasting Company, Inc., San Fran¬
cisco, Calif. — Renewal of license. Main: 810 kc., 7J4 KW,

unlimited time. Auxiliary: 810 kc., iVi KVV, unlimited time.

KOA — National Broadcasting Company, Inc., Denver, Colo. —
Renewal of license. 850 Uc., SO KW, unlimited time.

WMAL — National Broadcasting Company, Inc., Washington, D. C.
— Renewal of license, 630 kc., 5 KW, unlimited time.

Consolidated Hearing

KONB — MSB Broadcast Company, Omaha, Neb. — C. P., 1500 kc.,
250 watts, unlimited time.

KONB — MSB Broadcast Company, Omaha, Neb. — Modification of
C. P., 1500 kc., 250 watts, unlimited time, under C. P.

Thursday, July 24

WIBG — Seaboard Radio Broadcasting Corp., Glenside, Pa. — Re¬
newal of license. 990 kc., 1 KW, daytime.

Friday, July 25

KORN — Nebraska Broadcasting Corporation, Fremont, Neb. —
Renewal of license, 1400 kc., 250 w'atts, unlimited time.

KORN — Clark Standiford (Transferor), and C, J. Malmsten, A. C.
Sidner, S. S. Sidner and Arthur Baldwin (Transferees), Fre¬
mont, Neb. — Transfer of control. 1400 kc., 250 w’atts, un¬
limited time.

Monday, July 28

KMA — May Broadcasting Company, Shenandoah, Iowa. — Renewal
of license. 930 kc., 1 KW night, 5 KW day. unlimited.

NEW — Hawaiian Broadcasting System, Ltd., Honolulu, T. H. —
C. P., 1310 kc. (1340 kc. NARB.A), 250 watts, unlimited.

Wednesday, July 30

WABY — Adirondack Broadcasting Co., Inc., Albany, N. Y. — Modi¬
fication of license. 1210 kc., 250 watts, unlimited. Present
assignment; 1400 kc., 250 watts, unlimited.

Monday, August 25

Broadcast

KDRO — Albert S. and Robert A. Drohlich, d, b as Drohlich Bros.,
Sedalia, Mo. — C. P., 800 kc., 1 KW day, daytime. Present
assignment; 1490 kc., 250 watts, unlimited.

Consolidated Hearing

KFJM — University of North Dakota, Grand Forks, N. Dak. —
Renewal of license. 1440 kc., 500 watts night, 1 KW day,
unlimited.

KFJM — University of North Dakota, Grand Forks, N. Dak.- —
Modification of license. 1440 kc., 500 w'atts night, 1 KW
day, S.H.-3 to 5 p. m. daily. Present assignment; 1440 kc.,
500 watts night, 1 KW day, unlimited.

NEW — Dalton LeMasurier, Grand Forks, N. Dak. — C. P., 1440
kc., 500 watts night, 1 KW day, specified hours.

(

FEDERAL COMMUNICATIONS
COMMISSION ACTION

APPLICATIONS GRANTED

Standard Broadcasting Co., Los Angeles, Calif. — Granted construc¬
tion permit for new high frequency (FM) broadcast station
in Los Angeles to operate on frequency 45300 kc. with a
service area of 7,000 square miles (B5-PH-32).

Muzak Corporation, New' York City. — Granted construction per¬
mit for new high frequency broadcast station (FM) to use
44700 kc. (Class B channel), to serve 8,500 square miles
(Bl-PH-48).

Interstate Broadcasting Co., New York City. — Granted construc¬
tion permit for new high frequency (FM) broadcast station
to use 45900 kc. (Class B channel) to serve 8,500 square
miles (Bl-PH-109).

City of New York Municipal Broadcasting System, New York
City. — Granted construction permit for new' high frequency

(FM) broadcast station, to use 43500 kc. (Class C channel)
to serve 3,900 square miles (Bl-PH-83).

WCBD — WCBD, Inc., Chicago, Ill. — Granted modification of con¬
struction permit (B4-P-2974) for decrease in power of sta¬
tion WCBD from 10 KW (under construction permit) to
5 KW and increase hours of operation from limited to day¬
time and until sunset at Fort Worth, Texas; extend com¬
mencement date to 1 day after grant and completion date to
10 days thereafter. Also adopted order granting dismissal
of petition of Ohio State University (WOSU) for rehearing
in the above entitled matter and dismissed said petition
(B4-P-2974).

KWLM — Lakeland Broadcasting Co., Willmar, Minn. — Granted
construction permit to make changes in transmitting equip¬
ment and increase power from 100 to 250 watts on 1349 kc.
(B4-P-3155).

W2XB — General Electric Co., New Scotland, N. Y. — Granted modi¬
fication of license of experimental television broadcast sta¬
tion, to change frequency assignment to 63909-72090 kc.
(Channel No, 3) ,

DESIGNATED FOR HEARING

WS.AM — Saginaw Broadcasting Co., Saginaw, Mich. — .Application
for modification of license to change frequency from 1239
to 1400 kc., increase power from 100 watts night, 250 watts
day to 250 w'atts, and change time of operation from speci¬
fied hours to unlimited time (B2-ML-1055 ) .

James F. Hopkins, Inc., .Ann Arbor, Mich. — Application for con¬
struction permit for new station at .Ann Arbor, to be oper¬
ated on 1699 kc., with power of 1 KW, unlimited time
(B2-P-3073).

APPLICATIONS PLACED IN PENDING FILES

J. 1. Sims, Orangeburg, S. C. — Placed in pending files pursuant
to Order No. 79, application for new station to operate on
1459 kc., 250 watts, unlimited time (B3-P-3169).

Fort Smith Newspaper Publishing Co., Fort Smith, Ark. — Placed
in pending files pursuant to Order No. 79, application for
new station to operate on 559 kc. with power of 1 KW,
using directional antenna, unlimited time (B3-P-3117),

MISCELLANEOUS

WN.AD — University of Oklahoma, Norman, Okla. — Granted modi¬
fication of construction permit (for new antenna system,
change in hours of operation, frequency and move of trans¬
mitter) for approval of antenna and transmitter site; 649
kc., 1 KW, daytime (B3-MP-1296) .

W9XBK — Balaban & Katz Corp., Chicago, Ill. — Granted extension
of special temporary authority to operate two transmitter
units to be installed and operated from the State-Lake Bldg.,
Chicago; Link Transmitter Type No. 50-UTX with 100
watts power for visual and Link Transmitter Type No.
25-UBX, 25 watts power for aural; temporary steel tower
to be used on roof of said building, in order to conduct tests
for the period June 18, 1941, to not later than July 17, 1941,
in accordance with construction permit.

K45L.A — Don Lee Broadcasting System, Los Angeles, Calif. —
Granted extension of special temporary authority to operate
frequency modulation station commercially on 44599 kc.,
1000 watts, special emission for frequency modulation, with
transmitter located on top of Mt, Lee, Los Angeles, Calif.,
and described as Western Electric type 503-A-l, maximum
rated power 1000 watts and using a 4-bay turnstile an¬
tenna, for a period July 8, 1941, to not later than Sep¬
tember 5, 1941, pending completion of construction pursuant
to construction permit.

KFNF — KFNF, Inc., Shenandoah, low'a — Hearing on application
for renewal of license now scheduled for June 16, 1941, was
continued two weeks.

KGEZ — Donald C. Treloar, Kalispell, Mont. — Ordered issuance
of modification of construction permit for approval of
directional antenna system for night use on 1469 kc. ; station
operates on 100 watts (construction permit for 1 KW)
(BS-MP-1173).

Cascade Broadcasting Co., Inc., Everett, Wash. — Ordered issuance
of construction permit for new station to operate on 1469
kc., 500 watts, unlimited time, employing non-directional
antenna system (B5-P-2008).

June 20, 1941 — 551

WNBI — National Broadcasting Co., Inc., New York, N. Y. —
Granted extension of special temporary authority to operate
international station WNBI on 1778() kc. in order to per¬
mit simultaneous operations of Stations WNBI and WNCA
on frequencies 17780 ke. and 9670 kc. for the period June
15, 1941, and ending not later than July 14, 1941.

WNBI — National Broadcasting Co., Inc., New York, N. Y. —
Granted extension of special temporary authority to utilize
the presently authorized WRC.A 9670 kc. power amplifier
NR.A.50A Serial No. 1 for WNBI operation on 11890 kc.
for a period June 14 to not later than July 13, 1941.

WS.'VZ — WSAZ, Inc., Huntington, W. Va. — Granted special tem¬
porary authority to operate mobile relay station WADA
licensed to Charleston Broadcasting Co., on June 13, 20
and 27, 1941, only.

KO.'^ — National Broadcasting Co., Denver, Colo. — Denied petition
for stay during appeal to the Court of Appeals for the Dis¬
trict of Columbia, from the Commission’s order of April 7,
1941, granting application of WHDH, Matheson Radio Co..
Inc., Boston, Mass., for unlimited hours of operation on
frequency 859 kc. with power of 5 KW (B-121), and
amending its rules accordingly. The Commission reaffirmed
its order of April 7, 1941. (Chairman Fly and Commissioners
Walker and Thompson voted for denial of petition; Com¬
missioners Case and Wakefield against; Commissioners
Craven and Payne absent.) The Chairman submitted a
specially concurring opinion.

WREN — The WREN Broadcasting Co., Inc., Lawrence, Kans. —
Granted motion for leave to amend application to specify
frequency 1969 kc. and 50 KW power. Application directed
be removed from Hearing Docket.

KDRO — Drohlich Brothers, Sedalia, Mo. — Granted motion to con¬
tinue hearing to August 25, in re application for construc¬
tion permit to change frequency from 1490 to 809 kc. :
power from 250 watts to 1 KW, and time of operation
from unlimited to daytime only.

The Evening News Press. Inc., Port Angeles, Wash. — Granted
petition to amend application to specify 1450 kc. and 250
watts, unlimited time, instead of 1500 kc., 100 watts
night, 250 watts LS.

KFNF — KFNF, Inc., Shenandoah, la. — Dismissed motion for post¬
ponement of hearing date on application for renewal of
license.

KORN — C. J. Malmsten, S. S. Sidner, A. C. Sidner, H. A. Gunder-
scin, E. J. Lee (Transferors) and John F. Palmquist and
Paul Boyer, co-partners, d/b as Fremont Broadcasting Co.
(Transferees), Freemont, Neb. — Granted request to with¬
draw without prejudice application for authority to transfer
control of station KORN.

KONB — C. J. Malmsten, John K. Morrison and Arthur Baldwin
(Transferors) and Ross C. Glasmann, Wm. W. Glasmann,
Blaine V. Glasmann (Transferees), Omaha, Neb. — Applica¬
tion for transfer of control of station KONB dismissed;
request for withdrawal without prejudice denied.

W2XD — General Electric Co., Schenectady, N. Y.; W2XI — New
Scotland, N. Y.; W2XB — New Scotland, N. Y. — Granted
motion for continuance of hearing to June 30 on applica¬
tion for license to cover construction permit for station
W2XD, and for renewal of licenses for television stations
W2XI and W2XB.

WORE — Broadcasting Service Organization, Inc., Boston, Mass. —
Granted special temporary authority to operate from 9 to
10 p. m. DST on June 14, 1941, in order to broadcast the
Convention Dinner held in Boston on Flag Day only.

KBUR — Burlington Broadcasting Co., Burlington, la. — Granted
modification of construction permit (B4-P-1799, authoriz¬
ing a new station), for approval of transmitter and studio
sites at National Bank Bldg., Jefferson & Main Sts., Bur¬
lington, approval of antenna, and installation of new type
transmitter; 1499 kc., 250 watts, unlimited time (B4-MP-
1301).

WIS — The Liberty Life Ins. Co., Columbia, S. C. — Granted modi¬
fication of construction permit (B3-P-2870) to make changes
in directional antenna system and increase power to 5 KW
day and night, for extension of commencement and com¬
pletion dates to July 15, 1941, and Jan. 15, 1942, respectively
(B3-MP-1304).

WALA — Pape Broadcasting Co. — Granted modification of con¬
struction permit (B3-MP-932, which authorized increase
in power, installation of new equipment and directional
antenna for night use, and move of transmitter), for ex¬
tension of completion date to Sept. 29/41 (B3-MP-1312) .

552 — June 20, 1941

WBYN — Llnified Broadcasting Corp. of Brooklyn, Brooklyn, N. Y.
—Granted modification of license to change licensee’s name
from Unified Broadcasting Corp. of Brooklyn to WBYN —
Brooklyn, Inc. (Bl-ML-1073 ) .

WTSP — Pinellas Broadcasting Co., St. Petersburg, Fla. — Granted
authority to determine operating power by direct measure¬
ment of antenna power on 1380 kc. under NARB.A (B5-Z-
789).

WMUR — The Radio Voice of New Hampshire, Inc. — Manchester,
N. H. — Granted modification of construction permit (Bl-P-
2897, for new station) authorizing extension of completion
date to July 1, 1941 (Bl-MP-1320) .

KFBB — Buttery Broadcast, Inc., Great Falls, Mont. — Granted
modification of construction permit (B5-P-2920, which
authorized increase in power and installation of directional
antenna for night use), for extension of completion date to
July 13/41 (B5-MP-1319).

WNAB — Harold Thomas, Bridgeport. Conn. — Granted modifica¬
tion of construction permit (Bl-P-2410, authorizing new
station) for extension of completion date to September 30,
1941; 1450 kc., 250 watts, unlimited time (Bl-MP-1310) .

WENE — WJIM, Inc., Portable-Mobile, Area of Lansing, Mich. —
Granted modification of construction permit (B2-MRE-36S,
which authorized changes in equipment and increase in power
to 50 watts in relay station), for extension of commencement
and completion dates to 30 and 180 days respectively, after
grant (B2-MPRE-51) .

KGHF — Curtis P. Ritchie, Pueblo, Colo. — Granted authority to
determine operating power by direct measurement of antenna
input (B5-Z-910).

WIBG — Seaboard Radio Broadcasting Corp., Glenside, Pa. —
Granted authority to determine operating power by direct
measurement of antenna input (B2-Z-849).

WJR — WJR, The Goodwill Station, Detroit, Mich. — Granted
authority to determine operating power by direct measure¬
ment of antenna input (B2-Z-973).

WMIN — WMIN Broadcasting Co., St. Paul, Minn. — Granted
authority to determine operating power by direct measure¬
ment of antenna input (B4-Z-924).

WSVS — Board of Education, City of Buffalo, Buffalo, N. Y. —
Granted authority to determine operating power by direct
measurement of antenna input (Bl-Z-1012).

KJBS — Julius Brunton & Sons Co., San Francisco, Cal. — Granted
authority to determine operating power by direct measure¬
ment of antenna input (B5-Z-1035).

WBBZ — Adelaide Lillian Carrell, Executrix of Estate of Charles
Lewis Carrell, Deceased, Ponca City, Okla. — Granted au¬
thority to determine operating power by direct measurement
of antenna input (B3-Z-1008).

KYSM — Southern Minn. Supply Co., Mankato, Minn. — Granted
authority to determine operating power by direct measure¬
ment of antenna input (B4-Z-1031).

KMOX — Columbia Broadcasting System, Inc,, St. Louis, Mo. —
Granted authority to determine operating power by direct
measurement of antenna input (B4-Z-926).

KEUB — Eastern Utah Broadcasting Co., Price, Utah — Granted
authority to determine operating power by direct measure¬
ment of antenna input (B5-Z-1009).

KSAN — Golden Gate Broadcasting Corp,, San Francisco, Cal. —
Granted authority to determine operating power by direct
measurement of antenna power (B5-Z-991).

KGNF — Great Plains Broadcasting Co. (a Corp.), North Platte,
Neb, — Granted authority to determine operating power by
direct measurement of antenna power (B4-Z-997).

WOMT — Francis K. Kadow, Manitowoc, ’Wis. — Granted authority
to determine operating power by direct measurement of
antenna power (B4-Z-951).

KUOA — KUOA, Inc., Siloam Springs, Ark. — Granted authority to
determine operating power by direct measurement of an¬
tenna pow'er (B3-Z-984).

KWG — McClatchy Broadcasting Co., Stockton, Cal. — Granted au¬
thority to determine operating power by direct measurement
of antenna pow'er (B5-Z-927).

KGFJ — Ben S. McGlashan, Los Angeles, Cal. — Granted authority
to determine operating power by direct measurement of
antenna power (B5-Z-i030).

WJBC — Radio Station WJBC, Bloomington, Ill. — Granted au¬
thority to determine operating power by direct measurement
of antenna power (B4-Z-946).

WMBI — The Moody Bible Institute of Chicago, Chicago, Ill. —
Granted authority to determine operating power by direct
measurement of antenna power (B4-Z-1003).

KPO — National Broadcasting Co., Inc., San Francisco, Cal. —
Granted authority to determine operating power by direct
measurement of antenna power (BS-Z-979).

WMAQ — National Broadcasting Co., Inc., Chicago, Ill. — Granted
authority to determine operating power by direct measure¬
ment of antenna power (B4-Z-980).

WTAM — National Broadcasting Co., Inc., Cleveland, Ohio —
Granted authority to determine operating power by direct
measurement of antenna power (B2-Z-981).

VVJZ — National Broadcasting Co., Inc., New York City — Granted
authority to determine operating power by direct measure¬
ment of antenna power (Bl-Z-978).

WSM — The National Life and Accident Ins. Co., Nashville, Tenn. —
Granted authority to determine operating power by direct
measurement of antenna power (B3-Z-1001).

WMRO — Martin R. O’Brien, Aurora, Ill. — Granted authority to
determine operating power by direct measurement of an¬
tenna power (B4-Z-1002).

ROME — Oil Capital Sales Corp., Tulsa, Okla. — Granted authority
to determine operating power by direct measurement of
antenna power (B3-Z-90S).

KPOF — Pillar of Fire (a Corp.), Denver, Colo. — Granted authority
to determine operating power by direct measurement of
antenna power (BS-Z-9S2).

WAWZ — Pillar of Fire, Zarephath, N. J. — Granted authority to
determine operating power by direct measurement of antenna
power (Bl-Z-1032).

KPMC — Pioneer Mercantile Co., Bakersfield, Cal. — Granted au¬
thority to determine operating power by direct measurement
of antenna power (BS-Z-983).

WEEU — Berks Broadcasting Co., Reading, Pa. — Granted authority
to determine operating power by direct measurement of
antenna input (B2-Z-917).

WTJS — The Sun Publishing Co., Inc., Jackson, Tenn. — Granted
authority to determine operating power by direct measure¬
ment of antenna input (B3-Z-913).

KMED — Mrs. M. J. Virgin, Medford, Ore. — Granted authority
to determine operating power by direct measurement of
antenna input (BS-Z-943).

WGL — ’Westinghouse Radio Stations, Inc., Fort Wayne, Ind. —
Granted authority to determine operating power by direct
measurement of antenna input (B4-Z-98S).

WBTH — Williamson Broadcasting Corp., Williamson, W. Va. —
Granted authority to determine operating power by direct
measurement of antenna input (B2-Z-967).

WRAW — Reading Broadcasting Co., Reading, Pa. — Granted au¬
thority to determine operating power by direct measurement
of antenna input (B2-Z-916).

KFIZ — The Reporter Printing Co., Fond du Lac, Wis. — Granted
authority to determine operating power by direct measure¬
ment of antenna input (B4-Z-941).

WBBM — Columbia Broadcasting System, Inc., Chicago, Ill. —
Granted authority to determine operating power by direct
measurement of antenna input (B4-Z-968).

WILM — Delaware Broadcasting Co., Wilmington, Del. — Granted
authority to determine operating power by direct measure¬
ment of antenna input (Bl-Z-937).

WKBZ — Ashbacker Radio Corp., Muskegon, Mich. — Granted au¬
thority to determine operating power by direct measurement
of antenna input (B2-Z-963).

KVOL — Evangeline Broadcasting Co., Inc., Lafayette, La. — Granted
authority to determine operating power by direct measure¬
ment of antenna input (B3-Z-912).

WFOR — Forrest Broadcasting Co., Inc., Hattiesburg, Miss. —
Granted authority to determine operating power by direct
measurement of antenna input (B3-Z-964).

WEBQ — Harrisburg Broadcasting Co., Harrisburg, Ill. — Granted
authority to determine operating power by direct measure¬
ment of antenna input (B4-Z-96S).

KGFF — KGFF Broadcasting Co., Inc., Shawnee, Okla. — Granted
authority to determine operating power by direct measure¬
ment of antenna input (B3-Z-920).

KMMJ — KMMJ, Inc., Grand Island, Neb. — Granted authority to
determine operating power by direct measurement of antenna
input (B4-Z-919).

WKBV — Knox Radio Corp., Richmond, Ind. — Granted authority
to determine operating power by direct measurement of
antenna input (B4-Z-896).

KFAC — Los Angeles Broadcasting Co., Los Angeles, Cal. — Granted
authority to determine operating power by direct measure¬
ment of antenna input (BS-Z-899).

WWL — Loyola University, New Orleans, La, — Granted authority
to determine operating power by direct measurement of
antenna power on 870 kc. under NARBA (B3-Z-738),

KMAC — W. W. McAllister and Howard W. Davis, d,'b as Walmac
Co., San Antonio, Tex. — Granted authority to determine
operating power bv direct measurement of antenna power
on 1400 kc. under NARBA (B3-Z-774).

KGO — National Broadcasting Co., Inc., San Francisco, Cal. —
Granted authority to determine operating power by direct
measurement of antenna power (B2-Z-982),

WJAC — The Norfolk Daily News, Norfolk, Neb. — Granted au¬
thority to determine operating power by direct measure¬
ment of antenna power (B2-Z-966).

W8XWI — Guy S. Cornish, Portable-Moljile, area of Cincinnati,
Ohio. — Granted license to cover construction permit {B2-
PARE-1) for new Class H experimental public address
relay station on an experimental basis only ; frequency
:H(M»00 kc., 1 watt ; to be used to provide a means of
relaying to a public address system, aural signals from
locations where wire facilities are not available (B2-
LARE-1).

WTMC — Ocala Broadcasting Co., Inc., Ocala, Fla.; WDLP —
Panama City Broadcasting Co., Panama City, Fla. — .Amended
Commission order of .April 8, 1941, designating the place of
hearing in re revocation of licenses of WTMC and WDLP
for Pensacola, Fla., and thereafter at Panama City and Ocala,
Fla., to specify that the said hearing shall be held on June
16, 1941, at Jacksonville, Fla., and thereafter at Ocala,
Panama City, and Pensacola, Fla., as directed (Docket Nos.
6000 and 6001).

KWLC — Luther College, Decorah, Iowa — Granted special tempo¬
rary authority to operate from 10:45 to 11:30 p. m. CST on
June 18 and 25, and July 2, 1941, in order to broadcast the
Luther College summer session convocations only.

WEAU — Central Broadcasting Co., Eau Claire, Wise. — Granted
special temporary authority to operate from sign-off time
(June 7:45 p. m.) until 10 p. m. on June 14, 1941, only, in
order to broadcast special Flag Day Celebration.

WN.AD — University of Oklahoma, Norman, Okla. — Granted special
temporary authority to remain silent for the period August
1, 1941, until not later than September 14, 1941, in order
to observe College summer vacation only.

WCNW — Arthur Faske, Brooklyn, N. Y. — Denied request for
special temporary authority to operate from 12 midnight to
1 a. m. for the period June 15 to not later than July 14,
1941, in order to conduct a non-commercial experimental
program consisting of Associated Press News, music and
Americanization talks.

WBP.A. — National Life and Accident Insurance Co., Nashville, Tenn.
— Granted special temporary authority to use an experi¬
mental 20 watt FM transmitter on the I group of frequencies
as a relay broadcast station in order to broadcast the second
Army Maneuvers from the vicinity of Manchester and Tulla-
homa, Tenn., for the period June 14, 1941, to not later than
June 30, 1941.

WABA — .Agricultural Broadcasting Co., Chicago, Ill. (WLS). —
Granted special temporary authority to operate a special
laboratory transmitter as a relay broadcast station on
371)80 kc. with a power of 522 watt in order to record on
the ground and to rebroadcast over WLS the human voice
and the rate of the heart beat, and other scientific data
during a free fall in the air prior to the opening of a para¬
chute, for the period June 12 to not later than July 11, 1941.

WMAL — National Broadcasting Co., Washington, D. C. — .Adopted
order canceling license dated March 24, 1941, issued to
NBC, authorizing use of an auxiliary transmitter in connec¬
tion with operation of WMAL ; canceled hearing, and dis¬
missed application for renewal of auxiliary transmitter
license (Bl-R-142, Docket 6071).

WKZO — WKZO, Inc.. Kalamazoo, Mich. — .Adopted order granting
petition of WKZO to vacate the order of .April 8, 1941,
designating for hearing application for construction permit ;
vacated Commission action of .April 8, and canceled hearing,
and granted application of WKZO in part, for construction
permit to install new transmitter and increase daytime power
from 1 to 5 KW (B2-P-2898. Docket No. 6055).

W2XD — General Electric Co., Schenectady, N. Y,; W2XI — New
Scotland, N. Y.; W2XB — New Scotland, N. Y. — .Adopted
order granting petition to reconsider and grant without hear¬
ing the applications for renewal of licenses of stations W2XI
and W'2XB and for license to cover construction permit for
station W2XD; canceled hearing heretofore scheduled, and

June 20, 1941 — 5 5 3

granted said applications (Bl-LVB-24; Bl-RVB-26, and
Bl-RVB-25).

W2XBS — National Broadcasting Co, — Adopted order granting ap¬
plication for construction permit for commercial television
broadcast station pursuant to Commission’s Order of April
30, 1941, together with license to cover said construction
permit (Bl-PCT-1 and Bl-LCT-1).

APPLICATIONS FILED AT FCC

550 Kilocycles

KFUO — Evangelical Lutheran Synod of Missouri, Ohio and Other
States, Clayton, Mo. — Modification of construction permit
(B4-P-2882) for installation of new transmitter and vertical
radiator, increased power to S KW day and night, requesting
extension of completion date from 7-13-41 to 8-13-41.

KSD — The Pulitzer Publishing Co., St. Louis, Mo. — Construction
permit to change frequency from 550 to 940 ke., increase
power from 1 KW night, S KW day to 50 KW day and
night, install new transmitter and new directional antenna
for night use, and change transmitter location, requesting
WTAD be transferred from 930 to 550 kc., unlimited time.

570 Kilocycles

WOSU — Ohio State University, Columbus, Ohio. — Modification of
construction permit (B2-P-3138) for change in frequency,
increase in power, change in hours of operation, and installa¬
tion of new transmitter, requesting authority to install new
transmitter and extension of commencement and completion
dates to 30 days after grant and 90 days thereafter, re¬
spectively.

910 Kilocycles

WFDF — Flint Broadcasting Co., Flint, Mich. — License to use old
Collins 300B-100-watt main transmitter as an auxiliary
transmitter with power of 100 watts .

WGBI — Scranton Broadcasters, Inc., Scranton, Pa. — Authority to
determine operaitng power by direct method (Auxiliary
transmitter) .

WQAN — The Scranton Times (Co-partnership), E. J. Lynett, Wm.
R. Lynett, Elizabeth R. Lynett and Edward J. Lynett, Jr.,
Scranton, Pa. — Authority to determine operating power by
direct method.

960 Kilocycles

WSBT — The South Bend Tribune, South Bend, Ind. — Authority
to determine operating power by direct method.

WSBT — The South Bend Tribune, South Bend, Ind. — License to
cover construction permit (B4-P-900) as modified, to install
directional antenna, change frequency and hours, and move
transmitter.

970 Kilocycles

WAAT — Bremer Broadcasting Corp., Jersey City, N. J. — Authority
to determine operating power by direct method.

WAAT — Bremer Broadcasting Corp., Jersey City, N. J. — License
to cover construction permit (Bl-P-2704) as modified, to
install new transmitter, directional antenna for night use,
change hours of operation from daytime (to 6 p. m.) to
unlimited time, increase power from 500 watts to 1 KW
day and night and change transmitter site.

980 Kilocycles

WHAL — Harold F. Gross and Edmund C. Shields, Saginaw, Mich,
— Modification of construction permit (B2-P-936) as modi¬
fied, for a new station, requesting additional time for com¬
mencement and completion of construction from 1-14-41 and
7-14-41 to 10-14-41 and 180 days thereafter, respectively.

990 Kilocycles

WIBG — Seaboard Radio Broadcasting Corp., Glenside, Pa. — Con¬
struction permit to install new transmitter, direction an¬
tenna, day and night use, increase power from 1 to 10 KW,
time from day to unlimited, move transmitter and move
studio.

1120 Kilocycles

WCBD — WCBD, Incorporated, Chicago, 111. — Modification of con¬
struction permit (B4-P-2974) to change frequency, increase
power and change hours of operation ; requesting decrease

554- June 20, 1941

in power from 10 to 5 KW, change hours of operation from
daytime to limited to sunset at Fort Worth, Texas, change
transmitting equipment and extension of commencement
and completion dates from 6-30-41 and 12-30-41 to 1 day
after grant and 10 days thereafter, respectively.

1210 Kilocycles

Contra Costa Broadcasting Co., Richmond, Calif. — Construction
permit for a new broadcast station to be operated on 1310
kc., 500 watts, limited time, and for changes in antenna.
Amended: To change proposed transmitter location.

1240 Kilocycles

KBIZ — J. D. Falvey, Ottumwa, Iowa. — Modification of license for
increase in power from 100 watts to 250 watts.

KFBC — Frontier Broadcasting Co., Cheyenne, Wyo. — Authority to
determine operating power by direct method.

KOVO — Clifton A. Tolboe, tr. as Citizens Voice & Air Show,
Provo, Utah. — Authority to determine operating power by
direct method.

WGCM — WGCM, Incorporated, Gulfport, Miss. — Authority to
determine operating power by direct method.

WJIM — WJIM, Incorporated, Lansing, Mich. — Authority to deter¬
mine operating power by direct method.

WSAY — Brown Radio Service & Laboratory (Gordon P. Brown,
Owner), Rochester, N. Y. — Authority to determine operating
power by direct method.

1260 Kilocycles

KGGM — New Mexico Broadcasting Co., Albuquerque, N. Mex.- —
Authority to determine operating power by direct method.

1290 Kilocycles

KRGV — KRGV, Incorporated, Weslaco, Texas. — Authority to de¬
termine operating power by direct method.

1320 Kilocycles

KLCN — Fred 0. Grimwood, Blytheville, Ark. — Authority to deter¬
mine operating power by direct method.

1340 Kilocycles

Birney Imes and Robin Weaver, d/b as Imes-Weaver Broadcasting
Co., Columbia, Tenn. — Construction permit for a new broad¬
cast station to be operated on 1340 kf., 250 watts, unlimited
time.

KFPL — C. C. Baxter, Dublin, Texas. — Authority to determine
operating power by direct method.

KVSF — New Mexico Broadcasting Co., Santa Fe, N. Mex. — Au¬
thority to determine operating power by direct method.

WGAA — Northwest Georgia Broadcasting Co., Cedartown, Ga. —
Modification of construction permit (B3-P-3029) for a new
broadcast station, requesting changes in transmitting equip¬
ment.

WSGN — The Birmingham News Co., Birmingham, Ala. — Authority
to determine operating power by direct method.

WTAL — Florida Capitol Broadcasters, Inc., Tallahassee, Fla. —
Authority to determine operating oower by direct method.

1350 Kilocycles

WORK — York Broadcasting Co., York, Pa. — Construction permit
to install new directional antenna system for night use only.

1390 Kilocycles

WQBC — Delta Broadcasting Co., Inc., Vicksburg, Miss. — Authority
to determine operating power by direct method.

1400 Kilocycles

WCBM — Baltimore Broadcasting Corp., Baltimore, Md. — Author¬
ity to determine operating power by direct method.

WMGA — Frank R. Pidcock, Sr., Moultrie, Ga. — Authority to de¬
termine operating power by direct method .

WPAY — Vee Bee Corporation, Portsmouth, Ohio. — Authority to
determine operating power by direct method.

1450 Kilocycles

Dyke Cullum, Washington, D. C. — Construction permit for a new
station to be operated on 1450 kf., 250 watts with 100-watt
amplifier, unlimited time, facilities of WWDC. Amended:
To change requested location of amplifier.

Utica Broadcasting Co., Inc., Utica, N. Y, — Construction permit
for a new broadcast station to be operated on 1450 kc.,
250 watts, unlimited time.

KGIW — E. L. Allen, Alamosa, Colo. — Construction permit to in¬
crease power from 100 watts to 250 watts and install new
transmitter.

WACO — Frontier Broadcasting Co., Inc., Waco, Texas. — Authority
to determine operating power by direct method.

WGOV — E. D. Rivers, Valdosta, Ga. — .Authority to determine
operating power by direct method.

WHFC — WHFC Inc., Cicero, Ill. — .Authority to determine operat¬
ing power by direct method.

WPAD — Paducah Broadcasting Co., Inc., Paducah, Ky. — Author¬
ity to determine operating power by direct method.

1470 Kilocycles

KELA — Central Broadcasting Corp., Centralia-Chehalis, Wash. —
Authority to determine operating power by direct method.

WSAN — Lehigh Valley Broadcasting Co., .Allentown, Pa. — Modi¬
fication of construction permit (B2-P-2637) for new trans¬
mitter, directional antenna for day and night use, increase
in power, and unlimited time, requesting change in fre¬
quency to 1470 ko. under NARBA and changes in direc¬
tional antenna system and type of transmitter.

1480 Kilocycles

KGCX — E. E. Kresbach, Wolf Point, Mont. — Modification of
license to move studio to transmitter location.

1490 Kilocycles

R. M. Wallace & G. E. Schnibben, d/b as Norfolk County Broad¬
casting Co., Norfolk, Va. — Construction permit for a new
broadcast station to be operated on 1490 kc., 250 watts,
unlimited time, contingent on WBOC going to 1330 ko.

KDB — Santa Barbara Broadcasters, Ltd., Santa Barbara, Calif. —
Authority to transfer control of corporation from Thomas
S. Lee and R. D. Merrill, Executors of Estate of Don Lee,
deceased, to Don Lee Broadcasting System.

KSAM — Sam Houston Broadcasting Ass’n., H. G. Webster, Pres.,
Huntsville, Texas. — Authority to determine operating power
by direct method.

WMIS — Natchez Broadcasting Co., Natchez, Miss. — License to
cover construction permit (^B3-P-2999) for a new' broadcast
station.

WMIS — Natchez Broadcasting Co., Natchez, Miss. — Authority to
determine operating power by direct method.

1590 Kilocycles

KITE — First National Television, Inc., Kansas City, Mo. — .Au¬
thority to determine operating power by direct method.

WALB — The Herald Publishing Co., Albany, Ga. — License to cover
construction permit (B3-P-2774) as modified, for a new
broadcast station.

FM APPLICATIONS

W6XEA — Earle C. Anthony, Inc., Los Angeles, Calif. — Modifica¬
tion of construction permit (B5-PVB-26) for a new tele¬
vision station, requesting extension of commencement and
completion dates from 1-15-41 and 7-15-41 to 7-15-41 and
1-15-42, respectively.

W4SBR — Baton Rouge Broadcasting Co., Inc., Baton Rouge, La. —
License to cover construction permit (B3-PH-4) for a new
high frequency broadcast station, and change studio site.

W47C — WJJD, Inc., Chicago, Ill. — Modification of construction
permit (B4-PH-17) for a new high frequency broadcast sta¬
tion, requesting change in type of transmitter, antenna
changes, and change population from 4,051,000 to 4,750,000.

MISCELLANEOUS APPLICATIONS

KEHT — The KANS Broadcasting Co., Portable-Mobile. — License
to cover construction permit (B4-PRE-388) for a new relay
broadcast station.

WAUR — University of Illinois, Farm Area, South of Champaign,
Ill. — Reinstatement of construction permit (B4-PRY-226)
for a new relay broadcast station to be operated on 1646,
3090, 3190, and 3830 kc., 20 watts, A3 emission.

Bay County Publishers, Inc., Panama City, Fla. — License for a
new broadcast station to be operated on 1330 kc., 100 watts
night, 250 watts day, unlimited time, facilities of WDLP.
Amended: Re Section Ufa),

Birney Imes & Robin Weaver, d b as Imes-Weaver Broadcasting
Co,, Cleveland, Tenn. — Construction permit for a new
broadcast station to be operated on 1450 kc., 250 watts,
unlimited time. Amended: To specify transmitter site as
site to be determined, Cleveland, Tenn.

The Metropolis Co., Ocala, Fla. — License for a new broadcast sta¬
tion to be operated on 1490 kc., 100 watts, unlimited time,
facilities of WTMC. Amended: Re Section Ufa),

KGGF — Hugh J. Powell, Coffeyville, Kans, — Construction permit
to increase power from 500 watts night, 1 KW day, to 5
KW, move transmitter, change hours from specified to un¬
limited, and request 690 kc. under NARBA. Amended:
To increase power from 500 watts night, 1 KW day, to 1
KW, change transmitter, and make changes in directional
antenna for night use.

Bernard N. Walker, Concord, N. C. — Construction permit for a
new broadcast station to be operated on 1400 kc., 250 watts,
unlimited time.

FEDERAL TRADE
COMMISSION ACTION

COMPLAINTS

Federal Trade Commission has alleged unfair competition against
the following firm. The respondent will be given an opportunity
to show cause why a cease and desist order should not be issued
against them.

Harper Manufacturing Co. — Alleging misrepresentation in the
sale of men’s clothing, a complaint has been issued against J. Fred
Malone and Joe P. Malone, Rome, Ga., who are in business under
the names of Harper Manufacturing Co., Malone Clothing Manu¬
facturing Co., Gray-Dickson Clothing Co., and Piedmont Clothing
Co.

The complaint alleges that the respondents’ sales representatives,
in promoting the sale of men’s clothing, represent that The duPont
Company is back of or associated with the respondents in their
business; that the material used in their suits is manufactured by
The duPont Company, and that The duPont Company furnishes
free the goods to be used in the making of the garments sold, the
customer paying only for the labor involved, when in fact The
duPont Company is in no manner associated with the respondents
and does not manufacture the material used in the respondents’
garments, and the customer pays not only for the labor involved
in making a suit but for the material used and for a profit to the
respondents.

.According to the complaint, the respondents’ agents also repre¬
sent that garments will be made-to-order or measure and be of a
certain material, color, design, weave or pattern, as per sample
shown; that the customer w'ill have opportunity to inspect and try
on the garments before accepting them, and that the respondents
manufacture all of such garments and ship them to the customer
direct from their own factory.

The complaint alleges that the garments delivered by the re¬
spondents to such customers are not made-to-measure or made-to-
order but are of the ready-made variety or stock type of clothing,
altered by the respondents when deemed necessary partially to
conform to the measurements shown on order blanks; that in
many instances the garments as delivered are made of materials
inferior to and different from the samples selected by purchasers;
that the respondents in many instances have failed and refused to
return the purchase price received from the customer or deliver a
garment made from the material he selected; that customers do
not have an opportunity to inspect or try on garments before
accepting them and paying the C. O. D. balance due, and that the
respondents neither manufacture all the garments they sell nor
ship them direct from their factory. (4516)

June 20, 1941 — 555

Horton Fiftli Avenue Jewelers — Frackman Diamond Cor¬
poration, and Morton Frackman, Joseph Frackman, and Gilbert
E. Horton, doing business under the name Horton Fifth Avenue
Jewelers, all of 545 Fifth Avenue, New York, sellers and distribu¬
tors of jewelry locally and who also conduct a retail mail order
business in jewelry, are charged in a complaint with misrepre¬
sentation.

In catalogs distributed through several States, the respondents
are alleged in the complaint to have represented that diamond and
precious stone jewelry was available “at authentic manufacturers’
wholesale prices.” Among other representations were:

“SOLITAIRE ENGAGEMENT RING,

yellow gold; 1 large round white center diamond,
and 1 round white diamond on each side.

Customary retail price: $50
Our net cost to you: $23”

The complaint alleges that these representations are false and
misleading in that the prices designated by the respondents as the
“customary retail prices” are inflated and fictitious. In truth, the
complaint alleges, the prices quoted are those at which the re¬
spondents customarily sell their jewelry at retail to the purchasing
public and are substantially the same as, or higher than, the
customary retail prices of the same or similar articles of jewelry
of comparable quality and value offered by other retailers.

The complaint also alleges that in the respondents’ catalogs
descriptions of many of the rings offered for sale include repre¬
sentations and statements as to the carat weight of the diamonds
in the rings in such a manner as to mislead the purchasing public
and cause it to believe that the carat weight so set forth is the
weight of the largest diamond in the ring, when actually the carat
weight given is the combined weight of all the diamonds in the
ring. (4518)

Kol-Toiie Manufacturing €o. — A complaint has been issued
charging Gus. H. Cohn, trading as Kol-Tone Manufacturing Co..
7516 Delmar Blvd., St. Louis, with misrepresentation in the sale
of chemicals mixed to form the product “Kol-Tone,” formerly-
called “Koltreat,” designed for use when mixed with water as a
treatment for bituminous coal and bituminous coal products, and
in the sale of such product and a bituminous coal product treated
with “Kol-Tone.”

The complaint alleges that in newspaper and periodical adver¬
tisements circulated in various States the respondent has repre¬
sented and implied that “Kol-Tone” or “Koltreat,” when used in
treating or processing bituminous coal or bituminous coal products,
accomplishes a material reduction in soot and smoke, a saving in
fuel, and increased efficiency with less combustibles remaining in
the ash, and that it gives the purchaser more for his money than
would be received through the use of such coal or coal products
not so treated or processed.

The complaint further alleges that the respondent’s product is
a chemical mixture consisting largely of common salt, with a small
percentage of metallic salts, and has no material or appreciable
beneficial effect when used in treating or processing bituminous
coal and bituminous coal products. According to the complaint,
neither the respondent’s product “Kol-Tone,” nor its bituminous
coal product treated with “Kol-Tone,” will accomplish the results
claimed. (4515)

STIPULATIONS

During the past week the Commission has entered into the
following stipulations:

Consolidated Cigar Corporation, 730 Fifth Ave., New York,
stipulated to cease certain representations in the sale of its “Har¬
vester Cigars.” The respondent agrees to cease advertising that
these cigars depend entirely for their flavor upon Havana tobacco,
or by the unqualified use of the phrase “Heart of Havana,” or in
any other manner, that the filler of its cigar is composed predomi¬
nantly of tobacco grown in and imported from Cuba, or otherwise
describing the source of the tobacco content of these cigars unless
in all such descriptive matter the country of origin of each of the
tobaccos used is set forth with equal emphasis in the order of
their predominance by weight. According to the stipulation, the
filler of Harvester Cigars is not composed predominantly of

556- June 20, 1941

tobacco grown in Cuba but consists in comparatively small part
of genuine Havana tobacco blended with much greater amounts
of tobaccos originating from other sources. (02804)

W. H. Kirkland Co. — A stipulation was accepted from an
■Anniston, Ala., co-partnership to cease certain representations in
connection with the sale of cast iron soil pipe, pipe fittings and
other allied products. The respondents are W. H. Kirkland, Almeda
H. Kirkland and Elsie K. Weatherly, who, from 1934 to 1940,
engaged in the sale of such products under the firm name of W. H.
Kirkland Co.

The respondents agree to cease employing in their advertisements
the words “Manufacturers” or “Manufactured” to identify the
business conducted by them, and to desist from use of these words
or other words of similar import which imply that they manufac¬
ture the products they sell or own, operate or control the factory-
in which they are made. (3130)

National Woolen Co. — Chester Krone, trading as National
Woolen Co., 15 East I7th St., New York, entered into a stipulation
to cease representing as the customary or regular prices or values
of men’s suits prices or values which are in fact fictitious and in
excess of the customary prices. According to the stipulation, the
respondent’s agents represent that the regular price of certain suits
is $35, but that they are being sold at a special price of $23.95,
when in fact the customary price is not $35 but $23.95. (3129)

Nutty Brown Mills — C. A. Sears, trading as Nutty Brown
Mills, Houston, Tex., entered into a stipulation that the respondent
w'ill cease advertising “Nutty Brown Bread” as being beneficial in
reducing or maintaining body weight, unless used as an integral
part of a diet intended for that purpose. The respondent also
agrees to cease representing that this bread contributes less fat-
producing substances than ordinary breads, gives one the assurance
of Vitamin B adequacy, or is low in assimilable carbohydrates. The
respondent further agrees to cease representing that the protein
of Nutty Brown Bread products is complete in its biologic value
and supports normal growth ; that the average thin slice contains
only 20 calories, and that the respondent’s bread is essentially a
protein food. (02805)

Waiter-Lewis Woolen Corporation, 450 Seventh Ave., New
York, entered into a stipulation to cease certain representations
in the sale of textile fabrics.

The stipulation points out that the Wool Products Labeling Act
of 1939 defines the term “wool” as meaning the fiber from the
fleece of the sheep or lamb or hair of the Angora or Cashmere goat
(and may include the so-called specialty fibers from the hair of
the camel, alpaca, llama and vicuna) which has never been re¬
claimed from any woven or felted wool product.

In the sale of textile fabrics composed predominantly of fibers
other than camel’s hair, the respondent agrees to desist from the
use in its brands, labels, or other trade indicia, of the words
“Camels” or “Camels Hair” or a depiction of a camel, or of other
words of similar meaning so as to imply that camel’s hair consti¬
tutes a substantial proportion of the fiber content of such fabric.

The stipulation provides, however, that the words “Camels
Hair” or other words properly descriptive of the so-called specialty-
fiber content of the fabric may be used to describe the so-called
specialty fiber content when immediately accompanied in equally
conspicuous type by accurate designations of each constituent fiber
or material in the order of its predominance by weight and specify¬
ing the proportion or percentage of such so-called specialty fiber
as, for example, “Wool and Camels Hair, Camels Hair 1%.” (3127)

CEASE AND DESIST ORDERS

Commission has issued the following cease and desist orders:

Von Schrader Manufacturing C'o. — H. D. Rench and Francis
U. Von Schrader, trading as Von Schrader Manufacturing Com¬
pany, 1600 Junction Ave., Racine, Wis., engaged in the sale and
distribution of electrically operated portable carpet washing ma-

chines, have been ordered to cease and desist from misrepresenta¬
tions concerning the machines.

The Commission finds that the respondents, in magazines and
other publications, represented to prospective purchasers and
operators that the “Von Schrader Carpet Washer” removes “the
deeply imbedded grime and the microbes of disease which are
carried into the home by every shoe that crosses the threshold,”
and “When you are getting started, naturally your profits depend
on how diligently you go after business, but $200 to $400 a month
is an easy average,”

The Commission finds further that the soap solution used in
the machines sold by the respondents, which perform their clean¬
ing function by means of rapidly oscillating rubber brushes, is not
a germicide and will not “destroy every vestige of germ” or remove
“the microbes of disease,” as represented. The cleansing action of
the machine is limited to the removal from rugs and carpets of
such dirt and other foreign material as may be loosened by the
scrubbing action of the machine and incorporated in the lather
which is then removed.

The Commission finds that $200 to $400 a month profit is not
an “easy average” for operators of the respondents’ machines, nor
in fact an average of any kind of such operators’ earnings. Because
of the seasonal nature of the rug cleaning business, the findings
continue, representations as to large gross amounts that may have

been earned by individual operators in their best day, week, or
month are misleading in that they represent exceptional rather
than normal conditions.

The respondents are ordered to cease and desist from represent¬
ing or implying:

(1) That the Von Schrader rug and carpet washer, or any sub¬
stantially similar machine, will in any way or to any degree
restore the original color or colors of rugs or carpets;

(2) That the Von Schrader rug and carpet washer, or any sub¬
stantially similar machine, will destroy germs or other micro¬
organisms in, or otherwise sterilize or substantially sterilize,
rugs and carpets;

(3) That the profits of operators of the V'on Schrader rug and
carpet washer, or any substantially similar machine, average
$200 or $400 per month, or any other sum in excess of the
actual average net profits of such operators over a sufficient
period of time to give effect to the seasonal nature of such
business, or using statements of specific sums earned by any
particular operator or operators in any stated periods of
time in a manner which imports or implies that any unusual
or exceptional earnings represent the usual and ordinary
course of business. (3924)

June 20, 1941 — 5 5 7

1626 K STREET, N. W.

WASHINGTON, D. C.

Vol. 9, No. 25, June 27, 1941

White Hearing

The Senate Interstate Commerce Committee’s hear¬
ing on the White Resolution recessed Friday, June 20,
probably to reconvene after July 4. Here are some
excerpts from the last two days of the hearing.

D. IM. Patrick. When Chairman Fly appeared before your
committee he placed certain interpretations upon these rules with
which I am unable to agree and with which Commander Cmven
stated he was unable to agree. On June 13, 1941, the Commission
made public a telegram sent to a licensee by the chairman on
May 24, 1941, which shows a different interpretation of the
rules than that which I am able to place upon them having regard
for the language employed by five members of the Commission

on May 2, 1941. _ , .

Now, it is also true that since the sending of that telegram Chair¬
man Fly sent a letter over here, which the chairman of this com¬
mittee read into the record, and in which he said he had the
approval of his colleagues for the interpretation placed upon it.
But I submit that you cannot make w'hat he said in that letter
out of the language employed by five members of the Commission

on May 2, 1941. . , .

On June 14th the Commission itself amended its order in certain
respects. If the Commission has power to promulgate these
regulations it also has power to further amend them in other
material respects either before or after the institution of any
judicial action. In other w’ords, we are shooting at a moving
target, if you please, and the target can be further moved.

Under such circumstances there is no way in which I or any
other law'ver can now correctly evaluate either the procedural
problems involved in or the possible outcome of judicial action,
and I sa}' that in all sincerity. But I do know that if it be the
decision of this committee that all legislative action be abandoned
and that the industry be left with recourse only to the courts,
the remedy is more apparent than real. Aside from the procedural
problems involved questions of the wisdom, propriety and long¬
term effect of these rules upon the industry cannot be adequately
dealt with in any judicial proceeding.

But there are other reasons why judicial relief cannot afford
an adequate remedy. I disagree with the distinguished counsel
for Mutual who stated in effect that no major amendments of the
Act are needed. I believe, and submit that it has already become
apparent as a result of this hearing, that major changes are
needed. The question is, when? The questions presented and
emphasized here constitute only one phase of the problem which
confronts the industry and the Commission.

Questions of procedure before the Commission and judicial
review of Commission orders urgently need attention and solution
by the Congress. The question of a stay order is only one part
of it. The question of who can operate and under what circum¬
stances is another part. And there is the question of a procedure
before the Commission itself, and who can intervene, and whether

he may intervene as a matter of right or merely as a matter of
grace.

Senator Andrews. You are, then, opposed to the regula¬
tions?

iMr. Moreiicy. We are opposed to the regulations as in their
present form; yes.

The next day. May 14. 1941, in accordance with views ex¬
pressed by the convention, the board of directors of IRN.\ adopted
the following resolution (reading):

“The Officers are directed to prepare and submit a plan for
approval by the Board for IRN.V. to support such efforts as
will be organized by any and all agencies in the industry to
endorse the White Senate resolution and endeavor to obtain
its passage.”

For the purpose of report to the Interstate Commerce Committee
of the Senate, letters were sent to all Affiliates on all national net¬
works asking if they approve or disapprove the foregoing conven¬
tion resolution regarding the new regulations. Replies were re¬
ceived from a total of 232 stations, of which 62 are affiliated with
Columbia, S3 with National Red, 66 with National Blue, and 51
with Mutual. On the convention resolution on the Affiliates who
replied are recorded as follows;

Columbia, 61 approved and 1 disapproved.

National Red Netw'ork, 52 approved and 1 disapproved.

National Blue Network, 66 approved and none disapproved.

Mutual System, 37 approved and 11 disapproved; making a
total of 216 approvals and 13 disapprovals.

Of the Mutual affiliates replying, 17 also have affiliations with
other networks; 3 with Columbia, 10 with National Blue. 1 with
National Red, and 3 with both Red and Blue.

In the same letter IRNA asked the opinion of Affiliates regarding
the resolution adopted by the directors to support the White Senate
resolution. On this subject the replies were as follows;

Columbia, 60 approved; 1 disapproved.

National Red, 49 approved; 2 disapproved.

National Blue, 65 approved; none disapproved.

Mutual, 36 approved; 12 disapproved.

Making a total of 210 for approval and 15 for disapproval.

In the same letter IRNA asked three other questions on which
the replies are as follows: They are (reading);

“3. The IRNA directors interpret the attitude of affiliates to
be that while there are a number of points in which there is
dissatisfaction among affiliates with network operating prac¬
tices, nevertheless affiliates believe it is in the best interest of
the industry and the public for such questions to be settled by
business negotiations between affiliates and networks and not
by government regulation. Do you approve or disapprove this
view ?”

On this question the replies were as follows:

Columbia, 60 approved; 1 disapproved.

National Red, 51 approved; 1 disapproved.

National Blue, 60 approved; 4 disapproved.

Mutual, 34 approved; 12 disapproved.

Making a total of 205 for approval and 18 for disapproval.

(Continued on page 560)

June 27, 1941 — 559

Neville Miller, President C. E. Arney, Jr., Assistant to President

Edward M. Kirby, Director of Public Relations; Joseph L. Miller,
Director of Labor Relations ; Frank E. Pellegrin, Director of
Broadcast Advertising ; Paul F. Peter, Director of Research;
Russell P. Place, Counsel; Lynne C. Smeby, Director of Engineering

WHITE HEARING
(Continued from page 559)

The next question asked was this (reading):

“4. A number of affiliates including many Mutual affiliates,
feel that it is necessary to accomplish needed changes by gov¬
ernment regulation, and therefore they are prepared to accept
the regulations in their present form, even though they may
not agree with them entirely. Do you approve or disapprove
this view?”

On this question the replies were as follows:

Columbia, none approved; S8 disapproved.

National Red, 1 approved; 51 disapproved.

National Blue, none approved; 64 disapproved.

Mutual, 10 approved; 37 disapproved.

Making a total of 210 who disapproved and 11 who ap¬
proved.

The last question was this (reading):

”5. Finally, we are informed there are some affiliates who
believe the changes they want can only be accomplished by
government regulation but they think the new network regula¬
tions go entirely too far and believe some middle ground should
be found by negotiation. Do you approve or disapprove this
view ?”

On this question the replies were as follows:

Columbia, 13 for approval; 46 disapproved.

National Red, IS approved; 37 disapproved.

National Blue, 16 approved; 47 disapproved.

Mutual, 17 approved; 30 disapproved.

Making a total of 61 for approval and 160 for disapproval.

Senator Brook.s. Do you hold any office in IRNA ?

Mr. Gilliii. No, sir; I do not.

Senator Brooks. Do they pretty effectively represent the
independent stations?

Mr. Gillin. I think that they effectively present our views to
the networks; but whether they have accomplished the results
desired by the members of the Independent Radio Network Affili¬
ates is another question.

Senator Brooks. What is their major function as it relates
to your station ?

Mr. Gillin. The major function as it relates to WOW or any
other station is to tr>' to work out the problems that the affiliates
have with the networks. For instance, the affiliates believe that
we should have the opportunity to place after each special program
or each specified program a commercial announcement and station
break. As you know, the Federal Communications Commission’s
rules specify that you must identify your station each half hour.
Because of that particular rule it is the assumption on the part
of the advertiser that we should not put a station break on the
quarter hour. The Chesterfield program, on the basic Red, runs
14 minutes, and then they have an announcement of a different

560- June 27, 1941

product made by the same company; in other words, to have two
products advertised on the same program. Those are things that
we are trying through this organization to work out with the
network.

Senator Brooks. Do you have any specific examplpe of prob¬
lems that have been successfully worked out through that organ¬
ization, where complaints have been made and results have been
obtained by virtue of that organization’s existence?

Mr. Gillin. Well, I believe that one thing that a number of
us were concerned about was the fact that the advertiser was
calling upon stations to place commercial announcements, live
announcements, so to speak, on a network program at the end
of every program with no cut-in charge. A number of us com¬
plained to the National Broadcasting Company and they took
the matter up and protected us. I say they protected us, because
of the fact that the client was large enough to demand that co¬
operation from the station. That extra kind of announcement is
now being paid for.

Senator Tiiniiell. What I was trying to find out was if the
network or the station cannot make a contract for longer than
a year it was going to result in their having a gentlemen’s agree¬
ment for a five-year contract.

Mr. Cook. As I understand the situation, if there is any im¬
plication that you have a gentlemen’s agreement, under these regu¬
lations you may be subject to the loss of your station. If a fellow
came in and said, “Here, I want that time,” could you refuse
him? If you do, isn’t somebody going to come around a month
or two later and say, “You refused him. That time was not sold.
You must have something in the back of your head about some¬
body else.” It is going to be very dangerous.

Senator Tunnell. The question is whether there is a gentle¬
men’s agreement.

Mr. Cook. Yes. The question is whether somebody may have
described it as a gentlemen’s agreement, whether or not it is.

Senator Tunnell. It would not be criminal or subject to
punishment if it were not there.

Mr. Cook. How are you going to prove it is not there? That
would be my trouble. I do not know whether I would be able
to prove it was not there.

As to this matter of exclusivity, our contract gives WFBL first
call on all Columbia programs, and we have always been able
to take care of the business Columbia has sent to us. In the
instance of the American Oil Company’s program, featuring Mr.
Edwin C. Hill, and scheduled for 6 p. m., where we have had
and now have the Socony Vacuum program, it appeared for a
time that Columbia would have to place this program on another
station. If that had to be done, it was all right with us. But we,
of course, did not like to have a well-known Columbia artist
building up a listening audience for a possible competitor of ours,
so we found a place on our program equally desirable, and by
transcribing we were able to give that program to the public.

Clarence Wheeler. I am fearful that the agencies who handle
the larger programs of the national advertisers will scan the new
possibilities offered to them under the new rules and it could easily
come about that the Ford Hour we have carried since its inception
because we were on Columbia, might migrate to the SO-kilowatt
clear channel competitor as the agency might find it in their
interest to do so because that would give them a larger audience.

It could easily work out that the agency and the sponsor could
pay the higher rate and make such a change, in which case I
would have to seek programs from other networks to fill in that
hour or originiate local programs.

If this took place throughout the country the dear channel sta¬
tions would be so crowded with national programs that they

( Continued on page 562)

THE MYSTERY OF THE VANISHING
RADIO AUDIENCES

When radio listeners plug up their ears and head for the
nearest swinging doors, my dear Watson, there’s a reason.
And as likely as not that reason is an acute case of boredom
brought on by the well meaning, but badly planned programs
of organized groups to whom broadcasters have given their
facilities.

“HOW TO USE RADIO”

(Second Edition)

Tells the public groups that ask for time how
to use that time effectively from an audience¬
building standpoint

We sent you a copy earlier this week. We have a plan to
assist you and your fellow broadcasters in placing large quan¬
tities of this valuable book in the hands of your listeners. Now
is the time to act. Write us. We will cooperate with you in
every way.

NATIONAL ASSOCIATION OF BROADCASTERS

1626 K STREET, N. W. WASHINGTON, D. C.

WHITE HEARING
( Continued from page 560)

would have no time to devote to the job they were set up for,
to cover the rural areas of the nation with a view of keeping them
informed on market information, agricultural reports, and all sorts
of information necessary to the rural areas.

VVe have found in practice that long-term contracts with
Columbia work to our advantage. If we did not feel reasonably
secure that we were going to continue as their affiliate we would
not have expended these large amounts for local improvements;
in fact, we would not have had it to spend except for our affilia¬
tion with Columbia. We have found them very cooperative in
meeting problems which at times came up when we were asked
to clear time for a national network program.

Mr. VVeiland. I have been the owner of Radio Broadcasting
Station WFTC, at Kinston, North Carolina, for six or seven years;
at least I have owned that station for the past five years.

When I established that station in Kinston it was one of the
first to be established in a small community.

I am also a partner in the ownership of a station at Martins¬
ville, Virginia ; and have had an interest in a station at Golds¬
boro, North Carolina. I am also president of a station to be
established in Newbern, North Carolina. These are all small
markets. All of my experience in broadcasting practically has
been in small markets.

I fell that the value of network affiliation is very great to a small
station. I operated the station in Kinston for two or three years
without any network affiliation. After the first two years of
operation the novelty of the station wore off and people started
to get tired of home talent, hill billies and the type of programs
we could produce with our means.

So I looked around for a network. Eventually I was fortunate
enough to get an affiliation with the Mutual Broadcasting System.
That was about a year and a half ago.

I fell that network affiliattion is very important, especially to
a small station. First of all, because of the sustaining programs
we are able to bring to our communities, such as in eastern North
Carolina, the type of programs that people in large cities are able
to get ; the type of programs that are of great interest so far as
sustaining value is concerned.

For instance, we have had President Roosevelt as well as almost
every other national figure any listener would like to hear, whereas
prior to our network affiliation our people could not hear such
national programs. That was because of the fact that there was
only a secondary coverage in our market.

We are rather isolated, and if we do not give listeners the type
of program they want there is not very much we can do, for we
cannot give them very much of a choice otherwise.

Conditions are a lot better now. We feel that network com¬
mercial programs are very important because their quality is
generally high ; in fact, I might say that we have carried commercial
network programs sometimes even though we were not paid for
carrying them, and we did it because we felt it was in the public
interest to do so.

We had our Mutual network service up until June 1st of this
year -

Senator Tunnell (interposing). Do you mean that you car¬
ried network programs before you had your contract with the
Mutual Broadcasting System?

Mr. VVeiland. No.

Senator Tunnell. You said you carried network programs
at times when you were not paid for them because it was for
the public good. What did you mean by that statement?

Mr. VVeiland. That was even during the time when we had
a network contract. I do not think the advertiser thought our
market was important enough to him to purchase time, but there

562- June 27, 1941

were various programs sent out over the network and that were
not sold there, and we did get permission to carry them because
we thought they' were of great enough interest to our listeners.

In the first place, the most of the national advertisers are not
sufficiently interested in our market because we are secondary;
that is, those who huy network time.

I will say that while we were getting Mutual’s service there was
another station, in Wilson, North Carolina, and that station and
my station were sharing the line cost to Raleigh, where Mutual
had a line. But on June 1st the station at Wilson which was
sharing that line charge with us, cancelled its arrangement based
upon the fact that the present rules would seem to necessitate it;
and we were sitting right down at the end of the line, without any
network service available to us.

I tried to make an arrangement with the telephone company on
a temporary basis, but was not able to do it; and we could not
afford to pay the whole of the line charge from Raleigh to King¬
ston.: I believe that charge was in the vicinity of $500 a month.

That left our listeners without any network service. I then got
in touch with the N. B. C. blue network, which has a line running
down our way. I believe they have a line that passes directly
through our town. I do not know how the line actually runs from
the mileage standpoint but at least it runs through our community.
.Vnd so it was that N. B. C. blue network was willing to accept our
station as an affiliate.

However, that contract is in violation of these new F. C. C.
Rules. I applied to the Federal Communications Commission for
permission to sign the contract. They advised me that the present
rules are in operation. So we are right in the middle of a lot of
trouble, and that comes right on top of losing our power because
in a wind storm it blew down. And right the next week we lost our
network affiliation, and now we do not seem able to get one.

Senator Bone. I would rather own one telephone line and
hire a few men to keep it up than run a radio station. You fellows
ought to get out of the radio business and go into the telephone
business.

Mr. Hasbrook. Perhaps many of us have thought of that
in recent months.

Senator Bone. I just pass it on to you as a happy thought
for today. I am astonished that you gentlemen have overlooked
that.

Mr. Hasbrook. If you will permit me to say so. Senator,
they got there ahead of us. (Laughter.)

I should like to say something, however, about the network pro¬
gram advantage as it has affected us. We are, for instance, the
primary voice of the University of Vermont. It is their one way
of reaching these back-hill farmers and telling them something
about modern agricultural processes, and so forth.

Without the educational, religious, and governmental programs
that come to you through a network connection such as Columbia’s
School of the Air, which now operates in practically every one-
room schoolhouse in northern Vermont, because they are able to
hear it lor months, you would not have your public interest; they
would not listen to your station; consequently, they would
not absorb the local information that the authorities wish to
bring to them.

So, it has very widely improved our ability to serve our com¬
munity by having this network connection. Of course, you gentle¬
men understand the tremendous necessity, if not advantage, in
those times, for people back home to know something about what
you are thinking about here in Washington. The only way in
which I could broadcast a statement by Senator Austin, for
instance, was to get him to come to the Columbia station in
Washington, put it on the wax, as they say, and mail it to me
first class, special delivery, and then I could come along as the
48th state 24 hours after the other 47 had heard him make his
speech on this network, without going under. It was a definile
handicap, bringing government information, and ecen contro¬
versial information, to the people. The network has enabled us
to offset that.

S'enator Tiiniiell. I noticed you did not say anything about
the political broadcasts in Vermont.

Senator Bone. They have only one party up there, Senator.

Mr. Hasbrooli. If I might leave radio for a moment, it might
surprise you. Senator, to know that we perhaps were extremely
active in the newspaper end of our business in electing a Demo¬
cratic majmr in our city. So, we have more of a political interest
in Vermont than I think the public sometimes realizes.

Senator Tunnell. I am glad to hear that.

Mr. Hasbrook. There is another aspect of this network con¬
tractual arrangement that is very important from my standpoint.
That is the straight aspect. People have spoken of the necessity
for option time in order to protect the local businessman in his
desire to sell his own products. Well, actually practically every
network advertising program is a local program. When they are
promoting the sale of coffee, for instance, there are in our area
some five or six hundred grocers who are very vitally interested
in the sale that that program it is hoped, at least, will produce,
and it trickles back into the public pocket in taxes, payroll, and
the other normal things.

I do not look upon network advertising as something that has
come to us from outside designed to take some of our money out
of our pockets and out of our city and hand it to someone else.
It is a very definite part of the merchandising system as it is now
operated; and that goes for the wholesaler as well as the retailer.
The local advertiser, who might perhaps come into opposition
with the national program, usually wants daytime hours; at least
he does in our area. I have never at any time checked up w’ith
our local men — of course it may occur but it has not occurred
wdth us yet, because they seem to want tw'o different things, and
are perfectly delighted to have New' York money come up there
and help them in their business.

New Mutual Contract

The Mutual Broadcasting System has informally submitted to
the FCC a form of a contract betw'een that network and its
affiliates. The contract form, which has been approved by the
stockholders of Mutual, the FCC says, is non-exclusive, contains
no provision for option time, makes it possible for the stations
to determine their network affiliation at yearly intervals, and
insures station responsibility in the selection and rejection of
programs.

The Commission has not formally passed upon the validity of
the contract form, and w'ill give continuing study, the FCC says,
to the development of netw'ork-station relations under such con¬
tracts. The Commission believes that the new Mutual network
form of affiliation contract, as it understands the operations
intended thereunder, w'ill be in compliance with the letter and
spirit of the regulations.

Commissioners Case and Craven dissented.

MPPA Notice

A notice dated June 17. 1941, was sent to broadcasting stations
by Harry Fox of the Music Publishers’ Protective Association,
an organization made up almost entirely of ASCAP publishers.
The notice is reprinted herewith.

HARRY FOX
Agent & Trustee
International Building
45 Rockefeller Plaza
New York

June 17th, 1941— No. 4194.

Notice to Radio Stations

To correct any confusion or misconception on your part which
may have arisen from a bulletin recently issued by Standard Radio,

of 6404 Hollywood Boulevard, Hollywood, California, and in
order that you may avoid the possible commission of copyright
infringements, I am herewith giving you notice, on behalf of the
principals and copyright owners listed on the enclosed schedule,
for whom I act as agent and trustee, that the broadcast repro¬
duction of copyrighted musical compositions through such infring¬
ing instrumentalities as unlicensed electrical transcriptions con¬
stitutes an infringement for w'hich all contributing parties, including
the radio station, are liable.

This notice concerns itself only wth presently unlicensed electri¬
cal transcriptions manufactured for the purposes of broadcasting
and tiot with ordinary phonograph records.

Lest you infer from tlhe aforementioned Standard Radio Bulletin
that you may, with impunity, broadcast presently unlicensed
electrical transcriptions of copyrighted musical compositions by
merely holding the ordinary performing rights license, such as
issued by the American Society of Composers, Authors and Pub¬
lishers, you are herewith forewarned, upon advice of counsel, that
such is not the case and that no such instrumentality w’hich, in
itself, is an infringing device, can be utilized for the purposes of
broadcasting. The electrical transcriptions of Standard Radio
presently constitute such unlicensed instrumentalities or devices
as a result of the failure of Standard Radio to renew the licenses
W'hich it has held from my principals for many years past.

In the event that any radio station broadcasts such electrical
transcriptions in disregard of this notice given for preventive
reasons, a suit for injunction and damages under the Copyright
Law will be instituted.

Very truly yours,

hf/jdf H.4RRY Fox,

enc Agent and Trustee.

The attention of broadcasting stations is called to the significance
of the claim contained in the notice. Briefly, it is that a station
with an ASCAP license cannot play ASCAP music in recorded
form unless the recording has been specially licensed by the ASC.'KP
publisher. The notice is limited to electrical transcriptions. How'-
ever, the claim would apply equally w'ell to phonograph records,
and it may be noted that the communication says that the notice
“concerns itself” only with electrical transcriptions but does not
say that the claim may not be made with respect to phonograph
records.

The immediate cause of the notice appears to be the practice of
Standard Radio of relying upon the provisions of Section 1(e) of
the Copyright Law which provides that once the owner of a
musical work has permitted the use of the work upon a mechanical
instrument “any other person may make similar use of the copy¬
righted w'ork upon payment to the copyright proprietor of a
royalty of two cents on each such part manufactured, to be paid
by the manufacturer thereof . . .”

We are informed that Standard Radio is paying the two cents.
The ASCAP publishers, as represented by MPPA, however, have
contended that they are entitled to sums in excess of tw'o cents, and
in the past they have threatened to restrict performances of works
electrically transcribed in the event that the payment was not made.
This practice is now expressly forbidden by the ASC.4P Consent
Decree.

The consequences of the claim, if supported, how'ever, would be
much more far reaching than the individual situation involved.
In its widest sense the claim is that a broadcasting station is liable
for the $250 minimum damages for playing an .A,SC.AP tune, even
though it has an ASC.^P license, unless the manufacturer of the
transcription has a special license calling for additional payment
above that provided in the Copyright Law. The notice applies
to “unlicensed instrumentalities.” Even on the claim as now made,
if a phonograph manufacturer made records and then went
bankrupt before payment of royalties was made (as recently hap¬
pened in one instance), broadcasting stations are alleged to be
liable for $250 for each infringing performance of tunes pub¬
lished by MPPA publishers. The claim also leaves the door open
for a contention that more than the two cent charge can be
made by MPP.\ publishers for ordinary phonograph records.

Broadcasters w'ho intend to play ASCAP music from recorded

June 27, 1941 — 563

sources should, therefore, keep this claim in mind in order to
protect themselves from suit.

It will, of course, be recollected that BMI is licensing all record¬
ings, including transcriptions, at the standard two cents required
by the Copyright Law, or less.

New BMI Contract

BMI sent to all its subscribers a new contract form in line with
the consent decree signed last winter. Any subscriber who has not
yet received the new contract form should advise BMI immediately.
Anv other broadcaster who is interested may obtain the form from
BMI.

CBS Counter-Proposal

CBS last week submitted a counter-proposal to ASCAP. A
spokesman for CBS said:

“Columbia has consistently taken the position that it desires to
have ASCAP music available for all its programs at a fair price
and under conditions which are economically feasible.

"In preparing this counter-proposal, Columbia has consulated
with three of its affiliates, spokesmen for which said they believed
these terms are fair and would be accepted by them if licenses on
these terms were made available by ASCAP.

Terms of CBS’s proposal to ASCAP follow:

Since the Columbia Broadcasting System operates both a network
and individual stations, this proposal is for a complete deal covering
both network and station operations.

It is also our belief that the deal should be made as comprehen¬
sive as possible to eliminate all possible causes of future friction.
Therelore, in broad outline, our counter-proposal is as follows:

Blanket Network License

For the Columbia Broadcasting System Network operations as
now constituted, we propose to pay 2% of the entire network net
receipts (defined as gross sales from the sale of time less time dis¬
counts and advertising agency commissions actually allowed) after
deducting the cost of permanent lines of the Columbia network
as now constituted, or as constituted in the future (including the
cost of operation of any delivery methods other than lines — such
as, frequency modulation transmitters and booster stations, or such
other developments as may occur) and with deduction for expenses
calculated as follows:

15% on the first $1.S,000,000 of net receipts as defined above
25% on the next $5,000,000
35% on the next $5,000,000
45% on all over $25,000,000.

If during the term of the contract, Columbia Broadcasting Sys¬
tem no longer operates eight stations but operates any lesser number
down to and including a minimum of three, an additional amount
of $500,000 per annum shall be added to the network expense de¬
duction stated above for each station less than eight. If the num¬
ber of stations owned and operated by Columbia shall be reduced
below three, then Columbia and ASCAP shall re-negotiate the terms
of this contract and in the event of their failure to arrive at an
agreement, the matter shall be submitted to arbitration, the results
of which shall be binding upon both parties.

Local Station Blanket License

For local station blanket license for its owned and operated
stations, Columbia proposes fees as follows:

2% on the net receipts (defined as gross from the sale of time
less discounts and advertising agency commissions actually
allowed) from local and national spot sales over its stations
as averaged for the years 1936 to 1939, inclusive.

1/4% on the excess of such net receipts over this average.

In figuring sales during the term of the license, any pro¬
grams cleared and paid for at the source shall be excluded, in
the same manner as network programs are excluded.

A sustaining fee of $12 for any station which has net re¬
ceipts (as defined above) of less than $50,000, from the sale
of local and national spot business, in any year, or a sustaining
fee of 8 times the highest half hourly card rate for stations
which have such net receipts of between $50,000 and $150,000
per year, or a sustaining fee of 12 times the highest half hourly

564- June 27, 1941

card rate for stations which have such net receipts in excess of
$150,000 per year.

Alternative Local Station Per Program License

For commercial programs using substantial ASCAP music —
6.66% of net receipts (as defined above).

For commercial programs making only incidental use of
ASCAP music (such as single theme or signature, bridge or
background music, arrangements of public domain music and
incidental music in connection with public events or sports
broadcasts) — 1.2% of such net receipts.

For sustaining use — 1% of net revenue which w’ould have
been received if sustaining program had been sold at card rates
for maximum number of weeks and times per week with allow¬
ance of maximum discounts and advertising agency commis¬
sions — but not exceeding 1)4 times sustaining fee paid by the
station in 1940.

In computing net receipts, whether for commercial programs
or as assumed for sustaining programs, any program cleared
and paid for at the source shall be excluded, in the same man¬
ner as network programs are excluded.

Foregoing percentage rates (both blanket and per program)
apply so long as stations have net receipts as defined above from
local broadcasting of over $100,000 per year. If net receipts for
any station fall below' this figure, the payments to be made to
.4SCAP for commercial use under blanket licenses and for the vari¬
ous uses under per program licenses will be reduced as follows:

Station Net Receipts Reduction

,$80,000 to $100,000 . 7>4%

$60,000 to .$ 80,000 . 16%

$40,000 to $ 60,000 . 29%

$25,000 to $ 40,000 . 39%

$15,000 to $ 25,000 . 46%

Under $15,000 . 50%

Conditions

This proposal is subject to the following conditions:

1. All contracts to be for term expiring Dec. 31, 1949, subject to
a five-year extension at option of licensees, at rates and terms to
be fixed by arbitration.

2. As under the Consent Decree and this proposal there is com¬
plete clearance at the source on network programs, it is obvious
that this entire burden cannot be borne by CBS w’ithout assistance
from stations. Accordingly, it is a condition that substantially all
of the CBS affiliated stations shall agree to reimburse CBS that
portion of the 2% payment on network net receipts made to
ASCAP by CBS which is equal to 2% of network payments to
stations. The balance of this 2% pavment to ASCAP will be borne
by CBS.

3. ASCAP shall agree in its contract with CBS that no payment
would be made in respect of network revenue represented by the
sale of broadcasting time over stations in states with laws which
prohibit operations as contemplated or payment by stations of
license fees or reimbursements to the network. (This condition,
subject to agreement on language to be incorporated in the con¬
tract has already been agreed to by ASCAP negotiators.)

4. Licenses shall be available to television, frequency modulation,
short-wave and experimental stations owned by a regular station
licensee — such licenses to be at a nominal fee until such time as
revenues from such stations are equal to operating expenses and
thereafter the license fee to be upon the same basis as for regular
broadcast stations.

5. All claims of any nature of ASCAP and its members against
licensees to be released.

6. Acceptance of a mutually satisfactory form of contract in
each case. In that connection we have not seen a draft of netw'ork
blanket license since the draft promulgated in the spring of 1940
and subsequently withdrawn, but attached hereto is a memorandum
of partial comments on the June 6, 1941 draft of single station
blanket license, w'hich w'ill indicate generally some of the questions
to be decided.

7. No deal will be considered made until all points are resolved
and acceptable contracts actually signed or tendered.

Also attached to CBS’s counter-proposals is a “Memorandum of
Partial Comments” anent the single station blanket license. These
contain changes desired, and objections to certain paragraphs or
clauses.

BMl

ASCAP Writers to Publish Through BMI

Several prominent ASCAP writers have entered into' contracts
with Broadcast Music, Inc., for the publication of their songs.
Performing rights on these songs will be licensed directly to the
broadcasters without payment of any fee. Music by leading
ASC.AP writers will, as a consequence, form part of the broad¬
casters’ repertory. BMI will control the publication and mechani¬
cal rights in this music.

Comment on Marks Suit

Widely divergent opinions as to whether the performing rights
in compositions are basically owned by writers, by publishers, or
by both jointly, were expressed following the commencement of
a suit by BMI and Edward B. Marks against ASCAP for a
declaratory judgment, ASCAP has never taken a definite stand
on this matter and the question has been a frequent bone of con¬
tention between ASCAP writers and ASCAP publishers. It is
not yet known what stand ASCAP will ultimately take in the
suit. All of this confusion indicates that it is necessary to clarify
ownership of performing rights so that the rights of all con¬
cerned may be determined.

BMI FEATURE TUNES
June 30 - July 7

1. I WENT OUT OF MY WAY

2. WASN’T IT YOU

3. ALL ALONE AND LONELY

4. MY SISTER AND I

5. WISE OLD OWL

6. WALKIN’ BY THE RIVER

7. BECAUSE OF YOU

8. G’BYE NOW

9. WHAT D’YA HEAR FROM YOUR HEART

10. HERE’S MY HEART

11. WITH A TWIST OF THE WRIST

12. THE RELUCTANT DRAGON

A BMI Success Story

Hy Zaret is celebrating his first anniversary with BMI, and in
looking back over the year finds that the sale of sheet music of
songs in which he has been a co-w'riter have averaged about 10,000
a week. The first big success was There I Go of which Hy
wrote the lyrics and Irving Weiser the music. This tune, now
enjoying popularity in England, ran for twenty-one consecutive
weeks on the Hit Parade establishing a new high record for per¬
formance on that program. Following There I Go, Hy joined Joan
Whitney and Alex Kramer in writing So You’re the One, It All
Conies Back to Me Now and My Sister And I. At one time he
was identified with three and one-half songs on the Hit Parade,
the half being the theme song at the end of the program, So Long
For A While.

Asked to comment, Hy contributes the following:

“The task of a popular song writer is to express the feelings
of all the people, not just one section of them, such as jitterbugs,
long hairs, music critics or debs. A song can be good and be

popular. Every song writer with a reasonable amount of ability
expresses his personality in his songs. The sooner a writer finds
out what his contribution is, the more consistently he expresses
it, and the more assured is his position in the song wmrld. pro¬
vided, of course, that his craftsmanship is good enough and his
personality strong enough. I believe that inspirational song
writers W'ho never have to sweat to write good songs are a species
that doesn’t exist.’’

My Sister And I jumps from fourth place to first place this
week among national best selling retail records. The Hut Sut Song
follows closely, and Daddy and Maria Elena occupy the third and
fourth positions. Among the regional best sellers, the Hut Sut
Song leads in the west and mid-west ; Maria Elena in the east
and Daddy in the south. In the sheet music best sellers. Hut Sut
grabs the top spot nationally, in the east, in the mid-west, on the
west coast, and is second only to Intermezzo in the south. G’bye
Now, the favorite from Hellzapoppin’ , is going strong for the fifth
week and now holds third place among the leading music machine
records. It is interesting to know that Jimmy Davis’ You're My
Sunshine, hillbilly tune, which does not show at all in the east,
holds eighth place in the sheet music best sellers in the south, fifth
place in the mid-west and eleventh place nationally.

Hut Sut Song

Strangest fluke to hit the music business in a long time is The
Hut Sut Song which, from all indications, threatens to become the
smash hit of the year, what with 10 recordings having been made
of the number and practically every program listing it.

It all started with a line of gibberish dreamed up by a young
attorney named Leo V. Killion. Incidentally, Killion insists on
having the initial “V” in his name, although he refuses to divulge
what it stands for. With the exception of this particular ditty,
Killion never wrote a song in his life, preferring to save his line
of chatter for the courtrooms. However, one fateful day he sat
himself down and rattled off an unintelligible but catchy bunch
of phrases and took the stuff over to his chum of high school
days, Ted McMichael who, by that time, had become one of the
famed Merry Macs. Ted thought there was something intriguing
about the lyric, although he couldn’t understand a word of it.
But then, neither could Killion, so they were even on that score.
Ted called up his friend Jack Owens, lyric and song writer, and
asked him to come over. Jack did, and he hasn't been the same
since. The song, at that time, wasn’t anywhere near its present
form, but it had the nucleus of the tuneful germ that has infected
the nation. The three boys put their heads together and knocked
out The Hut Sut Song.

Before the song became a hit, Killion and Owens were doing
nicely in a modest, unknown sort of way, but McMichael was
hitting on all cylinders in the radio world. Now, all three of
them are basking in the light of Dame Fortune. Leo has become
the “piece de resistance” of the town of Sacramento, where he
lives. He’s a law'yer of the Sacramento State Legislature, and
they’re so proud of him they accept his word as law . . . which
helps his political position no end. Not that he needs help. He’s
a good lawyer. Jack Owens had a song accepted by BMI, You
Didn’t Steal That Kiss, before the Hut Sut number made its
debut, but since then he’s had five accepted by publishing firms
in rapid order. Jack is a handsome lad with about six feet of
personality. He has a way of presenting a song that makes you
tap your feet in rhythm when you listen to him sing. He’s been
in and out of show business for years, but show business ha.sn’t
cared much either way. Now, he’s becoming so famous that
there’s a good chance of his getting a two weeks’ engagement at
the Paramount Theatre in New York, at a mighty healthy sum
on condition, of course, that he plays and sings The Hut Sut
Song.

How the boys got the song published is one of those things.
Jack took it to two publishers who turned it down for the very
legitimate reason that it was a — quote — silly song — unquote.
Then Jack took it to Alan Ross, music contact man in Los
Angeles; Alan took it to Walter Schumann, music contact man

June 27, 1941 — 565

in Lon Angeles. Walter Schumann got bitten by the Hut Sut
bug and considered going into the music publishing business on
the strength of this one song. He did, and has never regretted
it. The boys took the song over to Freddie Martin, who became
Hut Sut conscious and introduced the song on his broadcasts
from the Cocoanut Grove. Freddie hasn’t regretted it. Neither
has Ted McMichael. Neither has BMI. through whom the
brand new Schumann Music Publishing Company releases the
number, .^bout the only people who regret are those who start
singing it and can’t, for the life of them, get the catchy tune
and garbled words out of their minds.

As for the phrases being Swedish, about the only resemblance
they have to Swedish is this — the “Rillerah” is a stream that
runs through some Swedish colony in a town in the Middle
West . . . the boys think it’s Minnesota. From there on, the
gibberish is on its own . . . and doing mighty well !

“With Me, It’s You”

Miss Jane Crenshaw, dancing teacher of North Bergen. New
Jersey, has won first prize for her title and lyric idea submitted
in the contest held by Song Parade Magazine. The title. With
Me, It's You, is based on the idea that “everything comes in
pairs”. The song will be heard for the first time on the sustain¬
ing programs of the Columbia Broadcasting System this week
(June 2 9- July 5). The music and lyric based on the idea sub¬
mitted by Miss Crenshaw were written by Henry Manners and
Jimmy Shirl who wrote Braggin’ and other BMI hits.

Miss Crenshaw’s letter to Song Parade Magazine follows:

“Dear Sir:

I wish to submit the following title for your contest:

‘With Me, It’s You’.

This title occurred to me while I was thinking of my boy
friend. Everything comes in pairs — bacon and eggs; house
and lot; preacher and marriage; etc. — and as I tried to put
into words my thoughts about him. I thought, ‘With Me,
It’s You!’ It seems to me that this is the idea everyone has
in connection with the one they like a lot.

I like your magazine so much.

Well, here’s hoping!

Sincerely,

Jane Crenshaw (signed)”

New BMI Publishers

Broadcasting and television rights in the music of twelve new
publishing companies are now available to all BMI subscribers.
The new publishers are: American Melodies; Block Publishing
Co.; Eugene Casivant; Fine Songs; Freeman Music Company;
Graham Music Company; Greater New York Music Corpora¬
tion; Reid and Singer Music Publishing Company; Sheppard
Music Corporation; Stark Music Printing Company; Urban
Publications and Worldwide Music Publishers.

Martin Block, conductor of WNEW’s ‘‘Make Believe Ball¬
room” program, is the head of Block Publishing Co., which
opened offices in New York early this week. Mr. Block’s newest
song, / Guess I'll Have to Dream the Rest is in the Block cata¬
logue.

Music Programs Popular

Listening to musical radio programs has increased since Jan¬
uary 1.

The “vested interests” of the musical world said it couldn’t be
done. They said that after January 1st, 1941, the public would
stop listening to musical programs on the radio. They said their
music was indispensable.

What actually happened? Let’s look at the record.

Popular Concert

Average C. A. B. Rating Music Music

Jan. 1940 to April 20, 1940 . 10.0 9.6

Jan. 1941 to April 20, 1941 . 10.2 10.2

Percent of Increase 1941 over 1940 . 2.0% 6.2%

566- June 27, 1941

Listening to musical programs went up. This increase ran
against the general listening trend. More network programs of
popular music are being sponsored. The Hooper analysis shows
an increase of 9% in the number of hours devoted to sponsored
popular music on networks.

The music supplied for broadcasting by BMI and the 191 music
publishers associated with us has met the public taste. It has
brought more listeners to musical radio programs. Here at BMI
we are proud of this record. With our associated publishers we
dedicate ourselves to supplying America with an ever-increasing
flow of music everyone likes to play and hear.

Sales

Handling Mail Accounts

How stations should handle mail containing money from listeners
in response to an advertiser’s offer is a problem submitted to NAB
by WCAU, Philadelphia. Early this spring a package of such mail
was lost in being forwarded by the station to the advertiser, the
Standard Vitamin Co., makers of Candicod, who are now bringing
suit against WCAL’ for $11,000, which includes about $20 for the
lost dimes and the balance for what is termed “loss of prestige”
and similar grievances.

In discussing the general problem during the St. Louis convention,
the Sales Managers Division recommended that on mail accounts
stations first get explicit instructions from the advertiser on how
the mail is to be handled; that they follow such instructions care¬
fully, and that the station and advertiser agree that upon delivery
of the mail to a common carrier, to be forwarded to the adver¬
tiser, the station’s responsibility ceases.

As a result of this experience WCAU has prepared a form which
it requires mail advertisers to sign, containing spaces for informa¬
tion on the account, date, time, offer, duration of offer, when mail
is to be forwarded, where to be sent, and to whom, as well as space
for additional instructions or remarks. The form carries the state-
mient “It is agreed that the above services are rendered gratuitously
by WCALT Broadcasting Company and that it shall in nowise be
responsible for any losses however they may occur.”

It is doubtful if such a form would constitute a legal waiver
of responsibility, since it is not a part of the contract, and the
“gratuitous” rendering of such service might also be questioned
since it might be argued that in accepting the contract and re¬
muneration therefore, it was understood that services in regard
to the handling of mail would have to be rendered.

As an alternative, it has been suggested that some waiver be
incorporated into the contract, by means of a rubber stamp or
by writing in a phrase such as

“Advertiser agrees that mail addressed in care of the sta¬
tion in response to any offer of advertiser shall be handled
in accordance with advertiser’s instructions, and at adver¬
tiser’s sole risk.”

Stations are advised to consult their attorneys in handling such
problems, and any that have arrived at a solution are invited to
send details to the NAB Department of Broadcast Advertising
for the benefit of other stations.

Delay in Filling Orders

WCAU also presents the problem of what to do in the case of
advertisers who offer merchandise or premiums, and who fail to
handle orders promptly. The station writes:

“For instance, an agency requests the station to make a premium
offer which is to be available to the listener for only a limited
time. Therefore, we are requested to urge our listeners to act at
once. After numerous letters are received and promptly forwarded
to either the advertiser or his designated agent, weeks go by
(sometimes more than four), numerous complaints are received,
and considerable ill-will results for the station.

“I believe that a uniform method of handling these situations
could be adopted on the part of stations. Do you feel that it
would be asking too much for the advertiser to furnish some
assurance to the station that all mail responses will receive prompt
and proper attention? Do you think this could be incorporated
in our present mail form?”

Any station which has a solution or suggestion regarding this
problem is asked to write to NAB.

Free Time for Circus Denied

Ever since “Editor & Publisher” printed a statement this spring
that the circus would spend $300,000 in paid newspaper advertising
this season, radio stations have stiffened in their attitude towards
giving free time for circus promotion. The following letter from
S. A. Cisler, general manager of WGRC, Louisville, Ky., is worthy
of the attention of every station and sales manager. He writes
to NAB:

“The famous theory of P. T. Barnum that ‘one sucker is born
every minute’ evidently continues with the Ringling Brothers,
Barnum & Bailey circus which is now passing through Louisville.

“WGRC was approached by one of these circus ‘radio contacts'
and implored to run as an ‘educational’ broadcast one or more
transcriptions the circus man had under his arm.

“We asked if the circus fed Mr. and Mrs. Gargantua, the zebras,
the trapeze artists, and Mr. John Ringling North himself on ‘edu¬
cation.’ Further, if the circus was so educational why not have a
free show for everybody while in Louisville?

“He mumbled something about a circus being news and a very
special event, then offered to trade tickets to the equal of time
costs. . . .

“No doubt this big show will try to chisel other stations on the
swing around the country. I sincerely hope more and more sta¬
tions stand their ground and insist on paid advertising,

“Lest we confuse all circuses with the so-called ‘greatest show on
earth’ let me say that Cole Brothers Circus began its spring tour
in Louisville with liberal purchases of radio time at regular card
rates without any of the chiseling or stooping to label obvious
plugs ‘educational.’ If one of the small show's like Cole Brothers
can pay why not the ‘biggest show on earth’?

“Let me urge every station to cooperate with Cole Brothers in
their honest effort to pay their way and to give this enterprise
100% value in announcement or program positions on your station.

“Our power company has always wanted to pay cash for its
power. Our announcers have never been paid off in ‘education.’
But we will never discourage the Barnum & Bailey boys until
they go through a season with a procession of ‘no . . . no , . .
no . . . no.’ ”

.Mthough paying for newspaper space, posters and other forms
of advertising, the circus has adopted a radio policy of “time for
talent,” offering to furnish circus talent free for interviews or
other programs if the time is donated. In reply to a letter from
F. Beverley Kelley of the circus, Mr. Cisler wrote:

“I can’t blame you for taking free time if stations want to
give it. That is good business for you and poor business for those
stations who give away the only merchandise they have to
sell. . . .

“Your circus is a business enterprise, operated not as a public
service but to make money. If you use radio to attract customers
you should pay for the time, even though you are providing your
own talent as a means of making that time productive and
interesting.

“1 fear for the fate of radio if the sponsors of Jack Benny, Bing
Crosby, Major Bowes, Kate Smith, etc., had the same idea as your
circus. They pay for talent and time and the combination is
paying a profit. 'What’s so different from selling Jell-0 by the
package and a peek at Gargantua for 50 cents? . . .

“I do not question the listener interest of your transcriptions.
But how on earth do you expect a station to sell a platter when
the circus man arrives in the late morning and tries to get time
that afternoon? Evidently there was no expectation that a
station would or could sell your platter locally in order to obtain
regular revenue from promotion that would be practically 100%
for the circus. . . .

“So far as the circus not having anything to offer newspapers
comparable to the platter or live talent programs you want to

give free to radio stations — brother, let me have some of that
cash money you pay to the newspapers and you can have all
your wonderful platters and interviews.

‘‘I am sending a copy of your letter to NAB with a request that
it be published in our weekly bulletin, along with my letters on
the subject. For your information, the NAB has now changed
and seems a bit more active in rooting out chiseling practices and
urging stations to stand firm in resisting free time deals from
enterprises that do have cash advertising budgets,

“Let me ask one question which I hope you will answer: Would
the circus buy radio time if they could not get it free?

“.4nd in parting, I still am glad Cole Brothers Circus pays its
way even though the ‘greatest show on earth’ tries to get the same
radio time free or for some passes.

“We will buy our tickets to your circus and your circus must
buy its way to our audience.”

Permission to print _Mr. Kelly’s letter -was not received,
so it cannot be quoted here.

Per-Inquiry

The Sign, Union City, N. J., a religious publication, is seek¬
ing per-inquiry deals on a subscription campaign, offering S-minute
transcriptions entitled “The Sign and the Times” to be broadcast
without charge, the station to retain a percentage of subscriptions
received. Publishers of the magazine have been invited to use radio
on the basis of established rates.

International Advertisers Report

Some radio stations did not receive payment for broadcasting
services rendered to International Advertisers, Niagara Falls, N. Y..
on behalf of Father Hennepin’s Ointment (Grand Island Distribut¬
ing Co.)

A report on this agency from the National Better Business
Bureau, Inc., states:

“This firm was operated by Roderick G. Manson, whose present
whereabouts are unknown to us.

“.Apparently the whole thing was a fictitious setup, not entirely
rational. The incident occurred in January, and Manson apparently
sent announcements to radio stations all over the country without
any intention of paying for them. He lived in a rooming house
from which he was ejected for non-payment of rent.”

Incidents like these should serve to impress upon all stations the
absolute necessity of checking beforehand on agencies or accounts
of doubtful credit, or of requiring cash with contract.

National Defense

WJSV telephoned that beginning with Wednesday night (June
25) “Keep ’em Flyin’ ” would be incorporated in the regular sign
off. In the new sequence “Keep ’em Flyin’ ” immediately precedes
the playing of the national anthem.

What is believed to be an unfortunate trend in programming is
apparently being reversed. One time a number of stations set aside
a definite period each day to carry various types of national defense
announcements. This was undoubtedly done as a result of the
unprecedented number of requests for time but the procedure did
not work out successfully for many types of national defense an¬
nouncements. Audience availability was sometimes at a low ebb
so far as particular announcements were concerned.

For example, it was felt that 3:00 p. m. was no time to broadcast
recruiting announcements for highly specialized young men who
can qualify for .Army or Navy flyers.

.All in all the program managers are doing an exceptionally fine
job. Results are more effective than in the past because they are

June 27, 1941 — 567

using extreme care to spot announcements at the most appropriate
available periods.

Seven hundred twenty-nine (729) stations have reported co¬
operation in the campaign to recruit 120,000 Flying Cadet appli¬
cants for the Army.

Station WIOD, Miami, has established a “Defense Activities De¬
partment.” Frank Jaffe is director.

Patriotic Announcement

Dr. Frank Kingdon has made the suggestion that radio stations
across the country insert a single sentence at a certain time each
day, emphasizing the unity of their communities and the United
States. For example:

1. This is Station XYZ in Los Angeles where a million and a
half people of all races and religions are united in devotion to free¬
dom and democracy.

2. This is Station XYZ in Los Angeles broadcasting in a land
pledged to liberty and justice to all.

We pass this on to members for consideration in the light of
such activities as they may be engaged in to further the understand¬
ing of the principles for which this country stands.

Bonus Plans

A member has asked the Labor Relations Department for “good
workable bonus plans” for employees. The Labor Relations Direc¬
tor would appreciate an outline of any now in effect in the
industry.

FEDERAL COMMUNICATIONS
COMMISSION

Newspaper Hearing Postponed

The FCC announced that it had postponed until July 23 the
hearing which was scheduled to begin June 25 in connection with
its inquiry pursuant to Order No. 79, to determine what policy or
rules, if any, should be promulgated in connection with newspaper
operation of high frequency (FM) broadcast stations, and future
applications for standard broadcast stations by newspapers.

This action was prompted by a petition filed by Flarold Hough,
chairman of the Newspaper-Radio Committee, which asked for
postponement until September 15 in order to give the newspaper-
radio interests more time in which to prepare their presentation.

Questionnaire on War Broadcasts

In compliance with a request by the Senate Interstate Com¬
merce Committee, the FCC will issue a questionnaire to all net¬
works and standard broadcast stations to ascertain whether they
have “presented well-rounded rather than one-sided discussions
regarding the role of this country with respect to the war
abroad.” In particular, the Commission was requested to obtain
from the stations and networks compilations showing the names
of speakers who have been heard on this issue, and the dates
and time of such broadcasts.

The networks and individual stations are to be asked to furnish
this information for the five-month period from January 1 to
June 1 last, and to return the questionnaires to the Commission
by July 21 next.

Service Broadcasts Expedited

.\t the request of the Secretary of War and in view of the
growing public demand for broadcasts from military establish-

568 — June 27, 1941

ments, the FCC has suspended Sections 3.408(d) and 4.21 of its
rules and regulations insofar as they relate to rebroadcast and
relay of non-commercial programs from camps and other points
by local arrangement where Government facilities are employed.
The suspension of these rules will permit the expediting of such
programs.

Educational FM Station

The San Diego (California) Unified School District has been
granted a construction permit by the FCC for a non-commercial
educational broadcast station to serve 55 educational units in that
area. It is authorized to operate on 42300 kilocycles, with 1
kilowatt of power, employing frequency modulation (FM).

The San Diego school system intends to utilize this service to
advance its educational program by rebroadcasting to specific
classes or schools recorded talks, plays, musical programs and
events of an educational or historic nature, provide the various
schools with talks, plays, musical programs, and other special
activities as presented by classes in the school system, and, inci¬
dentally, to train students in the field of radio communication.

The cost of the system is estimated at slightly more than
$6,000. It is proposed to locate the transmitter at 348 West
Market Street, San Diego.

New York City Station

The FCC on June 17 granted the application of the City of
New York, Municipal Broadcasting System, for a frequency
assignment, 43500 kilocycles.

Rules and Regulations

The Commission en banc June 24 took the following action
on Rules and Regulations:

Adopted amendments to Appendix B, Part 2, General Rules and
Regulations, and Section 10.41 of the Rules Governing Emergency
Radio Services, Part 10, in part allocating the frequency 1618
Uc. to the police service.

.Adopted amendments to .Appendix B. Part 2, General Rules
and Regulations, and Section 10.47 of the Rules Governing
Emergency Radio Services, Part 10, in part, allocating the fre¬
quency 87 660 kc. on a secondary basis for forestry use.

FEDERAL COMMUNICATIONS
COMMISSION DOCKET

Following broadcast hearings are scheduled to be heard before
the Commission during the week beginning Monday, June 30.
They are subject to change.

Monday, June 30
Broadcast

NEW — KNOE, Incorporated, Monroe, La. — C. P., 1420 kc., 250
watts, unlimited time.

KFNF — KFNF. Incorporated, Shenandoah, Iowa. — Renewal of
license, 020 kc., 500 watts night, 1 KW day, SH-KUSD.

Consolidated Hearing

Further Hearing to be Held in Washington, D. C.

WP.AY — Chester .A. Thompson (Transferor), and The Brush-
Moore Newspapers, Inc., Portsmouth, Ohio (Transferee). —
Transfer of control, 1400 kc., 100 watts, unlimited time.
WPAY — Vee Bee Corporation, Portsmouth, Ohio. — Renewal of
license, 1400 kc., 100 watts, unlimited time.

FUTURE HEARINGS

During the past week the Commission has announced the follow¬
ing future hearings in broadcast cases. They are subject to change.

Wednesday, July 23

Investigation to determine what policy or rules, if any, should
be promulgated in connection with operation of new high fre¬
quency (FM) broadcast stations and for future acquisition of
standard broadcast stations by newspapers, pursuant to Order
No. 79.

Thursday, July 24

WIBG — Seaboard Radio Broadcasting Corp., Glenside, Pa. —
Renewal of license, 990 kc., 1 KW, daytime.

WTEL — Foulkrod Radio Engineering Co., Philadelphia, Pa.- —
C. P., 1500 kc., 2S0 watts, unlimited time. Present assign¬
ment; 1340 kc., 100 watts, S-WHAT.

Friday, July 25

KORN — Nebraska Broadcasting Corporation, Fremont, Nebr. —
Renewal of license, 1400 kc.. 2S0 watts, unlimited time.
KORN — Clark Standiford (Transferor), and C. J. Malmsten,
A. C. Sidner, S. S. Sidner and Arthur Baldwin (Trans¬
ferees), Fremont, Nebr. — Transfer of control, 1400 kc.,
250 watts, unlimited time.

Consolidated Hearing

WCAM — City of Camden, Camden, N. J. — Renewal of license,
1310 kc., SOO watts, S-WTNJ and WCAP.

VVCAP — Radio Industries Broadcast Co., Asbury Park, N. J. —
Renewal of license, 1310 kc., SOO watts, S-WTNJ and
WCAM.

WTNJ — WOAX, Incorporated, Trenton, N. J. — Renewal of license,
1310 kc., 500 watts, S-WCAM and WCAP.

WTNJ— WOAX, Incorporated, Trenton, N. J.— C. P., 1330 kc.,
1 KW, unlimited time, DA-day and night. Present assign¬
ment: 1310 kc., 500 watts, S-WCAM and WCAP.

WDAS — WD.\S Broadcasting Station, Inc., Philadelphia, Pa. —
C. P., 1260 kc., 1 KW night, 5 KW day, DA-night, un¬
limited time. Present assignment; 1400 kc., 250 watts,
unlimited time.

Monday, July 28

KM.A — May Broadcasting Company, Shenandoah, Iowa. — Renewal
of license, 930 kc., 1 KW night, 5 KW day, unlimited time.
NEW — Hawaiian Broadcasting System, Ltd., Honolulu, T. H. —
C. P., 1340 kc., 250 watts, unlimited time.

WRDO — WRDO, Incorporated, Augusta, Maine. — Renewal of
license, 1400 kc., 100 watts, unlimited time.

Thursday, August 5

KFNF — KFNF, Incorporated, Shenandoah, Iowa. — Renewal of
license, 920 kc., 500 watts night, 1 KW day, S-KUSD.
NEW — Triple-Cities Broadcasting Co., Inc., Binghamton, N. Y. —
C. P., 1420 kc., 250 watts, unlimited time.

Friday, August 29

NEW— KNOE, Incorporated, Monroe, La. — C. P., 1420 kc., 250
watts, unlimited time.

FEDERAL COMMUNICATIONS
COMMISSION ACTION

APPLICATIONS GRANTED

Lester Q. Krasin & Otto A. Krutzner, d/b as Krasin and Krutzner,
Tucumcari, N. M. — Granted construction permit for a new
station to operate on 1400 kc., 250 watts, unlimited time
(B5-P-2934).

KICA — Western Broadcasters, Inc., Clovis, N. M. — Granted con¬
struction permit to change frequency of station KICA from
1400 kc. to 1240 kc., increase power from 100 to 250
watts, unlimited time, and install new equipment (B5-P-
3095).

WWRL — Long Island Broadcasting Corp., New York, N. Y. —
Granted construction permit to increase power from 250

watts night and day to 5 KW night and day ; move trans¬
mitter to North Henry Street and Marginal Road or
Green Street, Brooklyn, install new transmitter and vertical
antenna; 1600 kc., S. H. (WCNW). (Bl-P-3116.)

WIZE — Radio Voice of Springfield, Inc., Springfield, Ohio. —
Granted modification of license to increase power from
100 to 250 watts; 1340 kc., unlimited time (B2-ML-1046) .

WFIL — Strawbridge & Clothier, Transferor, Lit Brothers, Trans¬
feree; WFIL Broadcasting Co., Philadelphia, Pa. — Granted
consent to voluntary transfer of 50% interest of WFIL
Broadcasting Co., licensee of station WFIL, from Straw-
bridge & Clothier to Lit Brothers, for a consideration of
$126,000; station operates on 560 kc., 1 KW, unlimited
time (B2-TC-254).

KROW — Educational Broadcasting Corp., Oakland, Calif. —
Granted construction permit authorizing increase in power
from 1 to 5 KW, installation of new transmitting equip¬
ment and directional antenna for night use, and move of
transmitter to approximately 4.3 miles south-southeast of
center of San Francisco. This grant is made subject to
any future action Commission may take regarding the
problem of multiple ownership (B5-P-2803).

DESIGNATED FOR HEARING

WAAF — Drovers Journal Publishing Co., Chicago, Ill. — Applica¬
tion for construction permit to increase hours of operation
from day to unlimited time; move transmitter site to Union
Stock Yards, install new transmitter and install directional
antenna for nighttime use; 950 kc., 1 KW (B4-P-3077).

KALB — Alexandria Broadcasting Co., Inc., Alexandria, La. — Ap¬
plication for construction permit to install a new transmitter
and directional antenna for use during nighttime ; change
frequency from 1240 kc. to 580 kc., and increase power
from 250 watts to 1 KW, unlimited time (B3-P-3062).

MISCELLANEOUS

WOOD — King-Trendle Broadcasting Corp. (assignor), WOOD
Broadcasting Corp. (assignee). Grand Rapids, Mich. —
Granted motion for continuance of hearing on application
for voluntary assignment of license of Station WOOD,
now scheduled for June 20, 1941, until June 27, 1941
(under authoritv of Paragraph 6 of Administrative Order
No. 2).

KFDY — S. Dak. State College, Brookings, S. Dak. — Granted
special temporary authority to remain silent for a period
beginning June IS and ending Sept. IS, 1941 (B4-S-64S).

Upstate Broadcasting Corp., Saranac Lake, N. Y. — Granted spe¬
cial temporary authority to operate a Composite 1-watt
MOPA transmitter on 35820 kc., installed in a private
plane, in order to relay broadcast of Saranac Lake Airport
Dedication exercises only, to radio station WNBZ on June
14 and 15.

W8XAD — WHEC, Inc., Rochester, N. Y. — Granted extension of
special temporary authority to operate a high frequency
experimental broadcast station on 42600 kc., 1 KW, spe¬
cial emission for FM, with transmitter located at 979 Mt.
Read Boulevard, Rochester, for the period June 30 to
August 29, 1941.

W43B — The Yankee Network, Boston, Mass. — Granted extension
of special temporary authority to operate frequency modu¬
lation station commercially on 44300 kc., 50 KW, special
emission for FM, using the high frequency experimental
station WlXOJ at summit of Asnebumskit Hill, Paxton,
Mass., for period June 28 to August 26, without prejudice
to issues to be determined in hearing on application
Bl-PH-51.

WHYN — The Hampden-Hampshire Corp., Holyoke, Mass. —
Granted special temporary authority to rebroadcast trans¬
missions of a U. S. Army bomber on June 17, in conjunc¬
tion with the local U. S. O. drive.

W8XVH — WBNS, Inc., Columbus, Ohio. — Granted extension of
special temporary authority to operate a high frequency
experimental broadcast station on 43000 kc., 250 watts,
special emission for FM, with transmitter located at 50
W. Broad St., Columbus, for the period June 30 to
August 29, 1941.

W6SH — WDRC, Inc., Hartford, Conn. — Granted extension of
special temporary authority to rebroadcast high frequency
broadcast stations W2XMW and WlXOJ, emissions for a
period June 30 to August 28, 1941.

June 27, 1941 — 5 6 9

WlXK — VVestinghouse Radio Stations, Inc., Hull, Mass. — Granted
extension of special temporary authority for the period June
20 to August 29, 1941, to operate a high frequency experi¬
mental broadcast station on 426(10 kc., 1000 watts, special
emission for FM, with transmitter located at Newport
Road, Hull, Mass.

WlXSN — VVestinghouse Radio Stations, Inc., E. Springfield, Mass.
— Granted extension of special temporary authority for the
period June 30 to August 29, to operate a high frequency
experimental broadcast station on 42600 kc., 1 KVV, special
emission for frequency modulation, with transmitter located
at 625 Page Klvd., E. Springfield, Mass.

W^65H — VVDRC, Inc., Hartford, Conn. — Granted extension of
special temporary authority to operate FM station com¬
mercially on 46500 kc., 1000 watts, special emission for
FM. with transmitter located at Meriden, Conn., for the
period June 30 to August 28, pending completion of con¬
struction pursuant to construction permit (Bl-PH-35).

VVMMJ — The Journal Co. (The Milwaukee Journal), Milwaukee.
W^is. — Granted license to cover construction permit (B4-P-
2696) to install directional antenna for night use and in¬
crease power from 1 KVV^ night, 5 KW LS, to 5 KW,
unlimited time on 620 kc. (B4-L-1422). Also granted
authority to determine operating power by direct measure¬
ment (B4-Z-970).

WHBF — Rock Island Broadcasting Co., Rock Island, Ill. — Granted
license to cover construction permit (B4-P-2S68) for change
in type of transmitter and change in directional antenna
(B4-L-1427). Also granted authority to determine oper¬
ating power bv direct measurement of antenna input
(B4-Z-993).

WNAB — Harold Thomas, Bridgeport, Conn. — Granted modifica¬
tion of construction permit (Bl-P-2410 which authorized
a new station) for change in type of transmitter, approval
of studio site at 991 Broad St., and extension of completion
date to 90 days after grant; 1450 kc., 250 watts, unlimited
time (Bl-MP-1298) .

W^B.V.V — Purdue University, West Lafayette, Ind. — Granted modi¬
fication of construction permit (B4-P-2604, which author¬
ized installation of new transmitter and directional antenna
for night use; increase in power, change in hours of oper¬
ation and move of transmitter) for extension of completion
date to Sept. 22/41 (B4-MP-131S ) .

WJM.\ — .•Vrrington & Arrington, Covington, V-'a. — Granted license
to cover construction permit for new station (B2-P-3066) ;
1840 kc.. 250 watts, unlimited time (B2-L-1433). Also
granted authority to determine operating power by direct
measurement of antenna input (B2-Z-1025).

KGLO — Mason City Globe Gazette Co., Mason City, Iowa. —
Granted license to cover construction permit (B4-P-2329)
to install new transmitter, approve transmitter site, direc¬
tional antenna for night use only, and increase in power to
1 KVVk change frequency and directional antenna on 1800
kc., NARBA (B4-L-1411). Also granted authority to de¬
termine operating power by direct measurement (B4-Z-908).

WBIW — Batavia Broadcasting Corp.. Batavia, N. Y, — Granted
license to cover construction permit (Bl-P-2909) for a new
station to operate on 1400 kc., 250 watts, unlimited time
(Bl-L-1340). Also granted authority to determine operat¬
ing power bv direct measurement of antenna input (Bl-Z-
1026).

KOMO — Fisher’s Blend Station, Inc., Seattle, Wash. — Granted
modification of construction permit (B5-P-2848, for instal¬
lation of DA for night use; increase in power to 5 KW).
for extension of time in which to complete construction
from June 22 to .Vugust 1, 1941 (BS-MP-1316) .

VV'TJS — The Sun Publishing Co., Inc., Jackson, Tcnn. — Granted
modification of construction permit (BS-P-252S, for change
in frequency, increase in power, installation of new trans¬
mitter and directional antenna) for authority to change
type of transmitter and extend completion date to 180 days
after grant (B3-MP-1322).

WGAN — Portland Broadcasting Co., Portland, Maine. — Granted
license to use formerly licensed Western Electric 352-K-l
main transmitter as an auxiliary using 500 watts power
(Bl-L-1420).

WOR — Bamberger Broadcasting Service. Inc., Newark, N. J. —
Granted modification of construction permit (Bl-P-2319
for changes in antenna system) for extension of commence¬
ment date to July 1 and completion date to Jan. 1, 1942
(Bl-MP-1324).

570 — June 27, 1941

VV^LOG — Clarence H. Frey & Robert O. Greever, Logan, W. Va. — •
Granted license to cover construction permit for changes
in equipment and increase in power; 1230 kc., 250 watts,
unlimited time (B2-L-142S).

VVAVSR — Vermont Radio Corp., Inc., St. Albans, Vt. — Granted
license to cover construction permit for new station;
1420 kc., 1 KW, daytime (Bl-L-1406). Granted authority
to determine operating power by direct measurement of
antenna input (Bl-Z-591).

VV^39B — The Yankee Network, Inc., Boston, Mass. — Granted modi¬
fication of construction permit for new' high frequency
broadcast station, for extension of commencement and com¬
pletion dates from December 31, 1940 and June 30, 1941,
to 60 days after grant and 6 months thereafter, respectively
(Bl-MPH-26).

K45LA — Don Lee Broadcasting System, Los Angeles, Calif. —
Granted modification of construction permit for new high
frequency broadcast station, for extension of commencement
and completion dates from December 31, 1940, and June
30, 1941, to 60 days after grant and 180 days thereafter,
respectively (B3-MPH-30).

W9XAK — Kansas State College of .Agriculture and Applied Sci¬
ence, Manhattan, Kans. — Granted modification of construc¬
tion permit for new television station for extension of com¬
pletion date from Julv 15, 1941, to October 15, 1941
(B4-MPVB-42).

VV’NBI — National Broadcasting Co., Inc., Bound Brook, N. J. —
Granted modification of construction permit as modified,
for change in equipment, frequencies and increase in power,
for extension of completion date from June 19 to August 6,
1941 (Bl-MPIB-29).

WHAI — John W. Haigis, Greenfield, Mass. — Granted authority
to install new automatic frequency control equipment
(Bl-P-226).

WEBC — Head of the Lakes Broadcasting Co., Duluth, Minn. —
Granted authority to determine operating power by direct
measurement of antenna input (for auxiliary transmitter)
(B4-Z-1097).

WXYZ — King-Trendle Broadcasting Corp., Detroit, Mich. —
Granted authority to determine operating power by direct
measurement of antenna input (for auxiliary transmitter)
(B2-Z-1034).

WSM — The National Life & Accident Insurance Co., Nashville,
Tenn. — Granted authority to determine operating power
by direct measurement of antenna input (for auxiliary
transmitter) (B3-Z-1007).

WCAU — WCAU Broadcasting Co., Philadelphia, Pa. — Granted
authority to determine operating power by direct measure¬
ment of antenna input (for auxiliary transmitter), (B2-Z-
938).

K.AST — Astoria Broadcasting Co., Astoria, Ore. — Granted authority
to determine operating pow'er by direct measurement of
antenna input (B3-Z-954).

WR.AL — Capitol Broadcasting Co., Inc., Raleigh, N. C. — Granted
authority to determine operating power by direct measure¬
ment of antenna input (B3-Z-956).

KRE — Central Calif. Broadcasters, Inc., Berkeley, Calif. — Granted
authority to determine operating power by direct measure¬
ment of antenna input (B5-Z-1074).

WBLK — Charleston Broadcasting Co., Clarksburg, W. Va. —
Granted authority to determine operating pow’er by direct
measurement of antenna input (B2-Z-1022).

WIBU — Wm. C. Forrest, Poynette, Wise. — Granted authority to
determine operating power by direct measurement of an¬
tenna input (B4-Z-999).

KTOH — Garden Island Publishing Co., Ltd., Lihue, T. H. —
Granted authority to determine operating power by direct
measurement of antenna input (B-Z-1046).

WJEJ — Hagerstown Broadcasting Co., Hagerstown, Md. —

Granted authority to determine operating power by direct
measurement of antenna power (Bl-Z-1945).

W^GH — Hampton Roads Broadcasting Corp., Newport News, Va.
— Granted authority to determine operating power by
direct measurement of antenna power (B2-Z-10i9).

KFJI — KFJI Broadcasters, Inc., Klamath Falls, Ore. — Granted
authority to determine operating power by direct measure¬
ment of antenna power (BS-Z-1014).

KTRB — KTRB Broadcasting Co., Inc., Modesto, Calif.- — Granted
authority to determine operating power by direct measure¬
ment of antenna power (BS-Z-1029).

WWRL— Long Island Broadcasting Corp., Woodside, Long Island,
N. Y. — Granted authority to determine operating power by
direct measurement of antenna power (Bl-Z-1013).

WHBC — The Ohio Broadcasting Co., Canton, Ohio. — Granted
authority to determine operating power by direct measure¬
ment of antenna power (B2-Z-976).

VVP.\R — Ohio Valley Broadcasting Corp., Parkersburg, W. Va. —
Granted authority to determine operating power by direct
measurement of antenna power (B2-Z-1021).

KUTA — Utah Broadcasting Co., Salt Lake City, Utah. — Granted
authority to determine operating power by direct measure¬
ment of antenna power (BS-Z-IOOS).

WHBL — Press Publishing Co., Sheboygan, Wise. — Granted au¬
thority to determine operating power by direct measure¬
ment of antenna power (B4-Z-94S).

KTFI — Radio Broadcasting Corp., Twin Falls, Idaho. — Granted
authority to determine operating pow'er by direct measure¬
ment of antenna power (BS-Z-1018).

WOLS — C. Lee Stone, Florence, S. C. — Granted authority to de¬
termine operating power by direct measurement of antenna
power (B3-Z-678).

WOWO — Westinghouse Radio Stations, Inc., Fort Wayne, Ind. —
Granted authority to determine operating power by direct
measurement of antenna power (B4-Z-989).

WBZA — Westinghouse Radio Stations, Inc., Boston, Mass. —
Granted authority to determine operating power by direct
measurement of antenna pow'er (Bl-Z-988).

KWNO — Winona Radio Service, Winona, Minn. — Granted au¬
thority to determine operating power by direct measure¬
ment of antenna power (B4-Z-9S3).

WEED — William Avera Wynne, Rocky Mount, N. C. — Granted
authority to determine operating power by direct measure¬
ment of antenna power (B3-Z-972).

WOR — Bamberger Broadcasting Service, Inc., New York City. —
Granted authority to determine operating power by direct
measurement of antenna power (Bl-Z-986).

KGDM — E. F. Peffer, Stockton, Calif. — Granted authority to de¬
termine operating power by direct measurement of antenna
power (BS-Z-10S6).

KFVD — Standard Broadcasting Co., Los Angeles, Calif. — Granted
authority to determine operating power by direct measure¬
ment of antenna power (BS-Z-99S).

WAKR — The Summit Radio Corp., Akron, Ohio. — Granted au¬
thority to determine operating power by direct measure¬
ment of antenna input (B2-Z-97S).

KTUC — Tucson Broadcasting Co.. Tucson, Ariz. — Granted au¬
thority to determine operating power by direct measure¬
ment of antenna input (BS-Z-10S7).

WFIKC — United Broadcasting Co., Columbus, Ohio. — Granted
authority to determine operating power by direct measure¬
ment of antenna input (B2-Z-1016).

KDK.\ — Westinghouse Radio Stations, Inc., Pittsburgh, Pa. —
Granted authority to determine operating power by direct
measurement of antenna input (B2-Z-977).

WEAN — The Yankee Network, Inc., Providence, R. 1. — Granted
authority to determine operating power by direct measure¬
ment of antenna input (Bl-Z-944).

WELL — Federated Publications, Inc., Battle Creek, Mich. —
Granted authority to determine operating power by direct
measurement of antenna input (B2-Z-909).

KGDE — Charles L. Jaren, Fergus Falls, Minn. — Granted au¬
thority to determine operating power by direct measure¬
ment of antenna input (B4-Z-1004).

KGIW — E. L. Allen, Alamosa, Colo. — Granted authority to de¬
termine operating power by direct measurement of antenna
input (BS-Z-962).

WTEL — Foulkrod Radio Engineering Co., Philadelphia, Pa. —
Granted petition to continue hearing now scheduled for
June 24 to July 24, in re application to change frequency,
power and time of operation.

WRDO — WRDO, Inc., Augusta, Maine. — Granted motion for post¬
ponement of hearing from June 27 to July 28, in re appli¬
cation for renewal of license.

WDAS — WDAS Broadcasting Co., Philadelphia. Pa. — Granted
motion for continuance of hearing now scheduled for June
25 to July 25, in re applications of WCAM, WCAP and
WTNJ for renewal of licenses, and applications of WTNJ
and WDAX for construction permits to change operating
assignments.

WTNJ — WOAX, Inc., Trenton, N. J. — Granted motion to con¬
tinue hearing referred to above.

WKZO — WKZO, Inc., Kalamazoo, Mich. — Dismissed motion for
continuance of hearing on application for construction per¬
mit to increase power.

American Legion, Dept, of Haw'aii, Honolulu, T. H. — Granted
petition to intervene in hearing on application of Hawaiian
Broadcasting System, Ltd., for a new station in Honolulu;
denied petition insofar as it requests removal of hearing to
Honolulu and insofar as it requests designation of hearing
at a later date than July 28.

KFNF — KFNF, Inc., Shenandoah, la. — Granted motion for post¬
ponement of hearing now scheduled for June 30 to August
5 in re application for renewal of license.

W2XYU — Columbia Broadcasting System, Inc., New York City. —
Granted special temporary authority to use a 25 watt test
transmitter on 3.3<hJ, 383.4 and 336.4 me. in order to con¬
duct antenna and propagation tests from either the Salmon
or CBS Building in New York City in connection with
proposed operation of STL broadcast stations W2XYN,
W2XYO and W2XYP for the period June 20, and ending
not later than August 18, 1941.

WRCA — National Broadcasting Co., Inc., Bound Brook, N. J. —
Granted extension of special temporary authority to operate
on 9670 ko. with effective power of 100 KW. using sepa¬
rate power amplifiers feeding separate directional antenna
for the period June 20 to not later than July 19, 1941.

W2XBS — National Broadcasting Co., Inc., Bound Brook, N. J. —
Granted special temporary authority to operate a specially
constructed 1 KW peak power, special emission laboratory
model FM visual transmitter in conjunction with the main
picture transmitter power amplifier of W2XBS on Channel
No. 1 in order to make comparisons of FM and A5 emissions
and to obtain engineering data for the period June 19 to not
later than July 18, 1941.

WSUI — State University of Iowa, Iowa City, Iowa. — Denied
special temporary authority to operate a minimum of twelve
hours daily for a period not to exceed 30 days (B4-S-524).

WFTM — Fort Myers Broadcasting Co., Fort Myers, Fla. —
Granted special temporary authority to remain silent for
a period of 30 days on account of fire (B3-S-1054).

KFXM — J. C. Lee & E. W. Lee, Lee Bros. Broadcasting Co., San
Bernardino, Calif. — Granted special temporary authority to
operate simultaneously with Station KPPC from 7 p. m.
PST to the close of the heavyweight championship matches
on June 18 and 25, 1941, only (B5-S-37).

W’JJD — W'JJD, Inc., Chicago, Ill. — Granted special temporary
authority to rebroadcast a two-way discussion. Naval Air¬
ship to ground, between instructor and students, in the
interest of Naval Recruiting by U. S. Naval Reserve Avia¬
tion Base at Glenview, Ill., for a period of 30 days begin¬
ning June 20, 1941, and ending not later than July 19,
1941.

KROS — Clinton Broadcasting Corp., Clinton, la. — Granted modi¬
fication of construction permit (B4-P-1907, which author¬
ized a new station), for approval of antenna and of trans¬
mitter and studio sites at 242-248 5th Ave., So. Clinton,
and installation of new type of transmitter; 1340 kc., 250
watts, unlimited time (B4-MP-1326) .

WTRH — Sioux City Broadcasting Co., Sioux City, Iowa. — Granted
special temporary authority to operate a relay broadcast
station on the frequencies listed in Group A, Sec. 4.23
(1 632, 3058, 2150, 3790 kc.). 10 watts power, in order to
relay broadcast programs in connection with Iowa Open
Golf Tournament to Radio Station KTRI on June 21
and 22.

W71NY — Bamberger Broadcasting Service, Inc., New York City.
— Granted special temporary authority to operate frequency
modulation (FM) station, commercially on 47100 kc., 1
KW power, special emission for FM, at 444 Madison Ave.,
New York, 1 KW transmitter, for period of 30 days.

APPLICATIONS FILED AT FCC
550 Kilocycles

KOAC — Oregon State .\gricultural College, Corvallis, Ore. — Modi¬
fication of construction permit (B5-P-2422) to install new
transmitter, directional antenna for day and night use, in¬
crease in power, and move transmitter, requesting extension
of completion date from 7-14-41 to 10-14-41.

580 Kilocycles

WL4C — Enrique Abarca Sanfeliz, San Juan. Puerto Rico. — Modi¬
fication of construction permit (B-P-2136) for a new broad-

June 27, 1941 — 571

cast station, requesting approval of antenna system, change
in type of transmitting equipment, increase in power from 1
KW night, 5 KW day, to 5 KW day and night, and approval
of transmitter and studio sites.

620 Kilocycles

VVTMJ — The Journal Company (The Milwaukee Journal), Mil¬
waukee, Wise.- — Authority to determine operating power by
direct method,

VVTMJ — The Journal Company (The Milwaukee Journal), Mil¬
waukee, Wise. — Modification of license to increase power of
auxiliary transmitter from 1 KW night, S KW day, to 5
KW day and night,

790 Kilocycles

KGHL — Northwestern Auto Supply Co., Inc., Billings, Mont. —
Modification of construction permit (B5-P-2701) as modi¬
fied, for installation of directional antenna for night use
and increase in power, requesting extension of completion
date from 7-16-41 to 9-16-41,

930 Kilocycles

Paducah Newspapers, Inc., Paducah, Ky. — Construction permit for
a new broadcast station to be operated on 930 Uc., 1 KW,
unlimited time, using directional antenna for day and night.

960 Kilocycles

WDBJ — Times-World Corporation, Roanoke, Va. — License to
cover construction permit (B2-P-2522) as modified, for
installation of directional antenna for night use, increased
power, and approval of transmitter site.

WDBJ — Times-World Corporation, Roanoke, V’a. — Authority to
determine operating power by direct method.

1240 Kilocycles

KGBS — Harbenito Broadcasting Co., Harlingen, Texas. — Modifi¬
cation of construction permit (B3-P-2747) as modified, for
a new broadcast station, requesting authority to move
studio.

KXOX — Sweetwater Radio, Inc., Sweetwater, Texas. — Authority
to determine operating power by direct method.

WCOV — Capital Broadcasting Co., Inc., Montgomery, .Ala. —

License to cover construction permit (B3-P-2802) to make
changes in equipment and increase power.

WCOV — Capital Broadcasting Co., Inc., Montgomery, Ala. —

Authority to determine operating power by direct method.

1340 Kilocycles

K.AND — Navarro Broadcasting Ass’n, J. C. West, President, Corsi¬
cana, Texas. — .Authority to determine operating power by
direct method.

WEIM — Ruben E. .Aronheim, Fitchburg, Mass. — Modification of
construction permit (Bl-P-3061) for a new station, request¬
ing approval of antenna and transmitter site.

WLNH — The Northern Broadcasting Co., Laconia, N. H. —
Authority to determine operating power by direct method.

KSRO — Ernest L. Finley, Santa Rosa, Calif. — Modification of
construction permit (B5-P-2916) for change in frequency,
increase in power, installation of new transmitter, and direc¬
tional antenna for day and night use, requesting installa¬
tion of new type transmitter, changes in directional antenna
on 135(1 kc. under NARBA, and extension of commence¬
ment and completion dates from 2-4-41 and 8-4-41 to 1
day after grant and 30 days thereafter respectively,

1400 Kilocycles

KTEM — Bell Broadcasting Co., Temple, Texas, — Authority to
determine operating power by direct method.

WBTM — Piedmont Broadcasting Corp., Danville, Va, — Construc¬
tion permit to install new antenna, increase power from 100
watts night, 250 watts day, to 250 watts day and night,
and move transmitter.

1450 Kilocycles

KGIW — E. L. .Allen, .Alamosa, Colo. — Construction permit to
increase power from 100 watts to 250 watts and install
new transmitter.

572 — June 27, 1941

KNET — Bonner Frizzell, Palestine, Texas, — Authority to de¬
termine operating power by direct method.

KSAN — Golden Gate Broadcasting Corp., San Francisco, Calif. —
Construction permit to change frequenev from 1450 kc*. to
1460 kc., increase power from 250 watts to 1 KW, install
new transmitter, and make changes in antenna. Amended:
To change type of transmitter.

WGNC — F. C. Todd, Gastonia, N. C. — Authority to install auto¬
matic frequency control equipment.

1490 Kilocycles

KBKR — Louis P. Thornton, Baker, Ore. — Voluntary assignment
of license from Louis P. Thornton to Baker Broadcasting
Company.

WERC — Presque Isle Broadcasting Co., Erie, Pa. — License to
cover construction permit (B2-P-2251) as modified, for a
new station.

WERC — Presque Isle Broadcasting Co., Erie, Pa. — .Authority to
determine operating power by direct method.

1530 Kilocycles

WCKY — L. B, Wilson, Inc., Cincinnati, Ohio. — Construction per¬
mit to make changes in directional antenna system, and to
change from directional antenna day and night to direc¬
tional antenna after sunset at Sacramento, California.

MISCELLANEOUS APPLICATIONS

KOM.A — KOM-A, Inc., Oklahoma City, Okla. — Construction per¬
mit to install new transmitter and directional antenna for
day and night, increase power from 5 to 50 KW, change
frequency from 1520 kc. to 690 kc., and move transmitter.
.Amended : To request power of 25 KW night and 50 KW
day, make changes in directional antenna, and use facili¬
ties of KGGF.

WFAS — Westchester Broadcasting Corp., White Plains, N. Y. —
Modification of license to change frequency from 1240 kc.
to 1230 kc., time from shares with WCJBB and simul¬
taneous operation with WBRB, to unlimited.

WGOV — E. D. Rivers, Valdosta, Ga. — Construction permit to in¬
stall new transmitter, increase power from 250 watts to
500 watts night and 1 KW day, and change frequency
from 1450 kc. to 1460 kc.

WREN — The WREN Broadcasting Co., Inc., Topeka, Kans. —
Construction permit to install directional antenna for day
and night use, move transmitter from Tonganoxie, Kansas,
to Kansas City, Kansas, move studio from Lawrence,
Kansas, to Kansas City, Missouri, and change power from
1 KW night and 5 KW day to 5 KW. Amended: To
change frequency from 1250 kc. to 1060 kc., increase power
from S to 50 KW, change hours of operation from S-KFKLl
to unlimited time, make changes in directional antenna for
night use only, change transmitter location from Kansas
City, Kansas, to Jarbola, Kansas, and studio location from
Kansas City, Missouri, to Topeka, Kansas, and install new
transmitter.

H. C. Cockburn, tr. as San Jacinto Broadcasting Co., Houston,
Texas. — Construction permit for a new broadcast station
to be operated on 147(1 kc., 1 KW, unlimited time, facilities
vacated by KXYZ.

Birney Imes & Robin Weaver, d/b as Imes-Weaver Broadcasting
Co., Murphreesboro, Tenn, — Construction permit for a new
broadcast station to be operated on 1240 kc., 250 watts,
unlimited time, facilities of WSIX,

Evening News Press, Inc,, Port Angeles, Wash. — Construction per¬
mit for a new broadcast station to be operated on 1500 kc.,
100 watts night, 250 watts day, unlimited time. Amended:
To request 1450 kc., 250 watts day and night, and specify
transmitter location.

Bernard N. Walker, Concord, N. C. — Construction permit for a
new broadcast station to be operated on l400 kc., 250
watts, unlimited time.

National Broadcasting Co., Inc., New York, N. Y. — Construction
permit for a new television broadcast station to be operated
on Channel #1, 50900-56000 kc. ; emission, A5 and special
for frequency modulation; ESR: 1800, unlimited time.

National Broadcasting Co., Inc,, New York, N. Y. — License to
cover construction permit (Bl-PCT-1) for a new television
broadcast station.

WOKO, Inc., Albany, N. Y. — Construction permit for a new studio
transmitter broadcast station to be operated on 337000 kc.,
50 watts, special emission for frequency modulation, to be
used in conjunction with applicant’s proposed high fre¬
quency broadcast station.

Northeastern Pennsylvania Broadcasters, Inc., Wilkes-Barre, Pa. —
Construction permit for a new broadcast station to be
operated on 1340 kc., 250 watts, unlimited time, facilities
of WBAX.

FEDERAL TRADE
COMMISSION ACTION

COMPLAINTS

Federal Trade Commission has alleged unfair competition
against the following firm. The respondent will be given an
opportunity to show cause why a cease and desist order should
not be issued against them.

S. Aiigell & Co. — Alleging misrepresentation and the use of
lottery methods in the sale of furs and fur garments, a complaint
has been issued against Steven Angell and Asimo Liampos, trading
as S. Angell & Co., 236 West 27th St., New York, manufacturers.

The complaint alleges that the respondents engage in the
practice of failing to disclose the true nature and origin of their
fur products and of affirmatively misrepresenting their nature and
origin by means of tags, labels, advertisements, circulars, price
lists and other printed matter.

According to the complaint, the respondents represent products
made from rabbit or other peltries as being made from mink,
seal, beaver, muskrat, skunk, sable, squirrel and broadtail lamb
peltries by dressing and dyeing them to resemble these peltries
and by use of such terms as “Minkolet,” “Minkolene,” “Nubian
Seal,” “Hudseal,” “Beaverette,” “Mendoza Beaver,” “Silvertone
Muskrat,” “Skunkolene,” “Sabellette,” “Squirrellette,” and “Broad¬
tail”; and represent by use of the word “Norwegian” that certain
of their products are made from peltries imported from Norway,
when such is not a fact.

The complaint further alleges that the respondents, in selling
their products, furnish various devices and plans of merchandising
which involve the operation of lottery schemes when such products
are sold and distributed to ultimate consumers, (4520)

Miles Brokerage Co., Iiie. — Alleging violation of the brokerage
provision of the Robinson-Patman Act, a complaint has been
issued against Miles Brokerage Co., Inc., Clearfield, Pa., which
also maintains an office in Buffalo; Miles & Co., Inc., DuBois,
Pa,; Miles-Bradford Co., Bradford, Pa., and Miles-Kane Co.,
Kane, Pa.

The complaint points out that the capital stock of Miles Broker¬
age Co., Inc., is held by twenty-two stockholders and that stock¬
holders owning ninety-seven and one-half per cent of its outstand¬
ing capital stock are identified with the three buyer respondent
grocery companies as stockholders, directors, officers, attorneys,
auditors, salesmen, buyer or managers, and that this group likewise
owns and controls a majority interest in the capital stock of each
of the three respondent buyer corporations.

According to the complaint, the Miles Brokerage Co., Inc.,
stockholders share in the corporation’s earnings and profits;
William H. Miles, president of the three buyer respondent cor¬
porations, is a stockholder in the brokerage company and takes
an active interest in its affairs; and his brother, Wade H. Miles,
though not a stockholder, is vice-president and managing officer of
the brokerage company.

The complaint alleges that in the buying and selling transactions
resulting in the delivery of merchandise from one or more sellers to
the three respondent buying companies, the respondent brokerage
company receives and accepts from the sellers substantial brokerage
fees and commissions which are equal to a certain percentage,
from a fraction of 1 per cent to 5 per cent, of the sales price of the
purchases.

The complaint further alleges that as a result of the operation
of the Miles Brokerage Co., Inc., brokerage business the stock¬
holders, directors, officers and other officials or representatives of
the three respondent buyer corporations receive from sellers in¬
directly, in the form of cash dividends paid upon their stoclchold-
ings in Miles Brokerage Co., Inc., a substantial portion of the
brokerage obtained on purchases made by the three respondent
buyer corporations.

The three respondent buyer corporations, according to the com-
[jlaint, receive indirectly from sellers a substantial portion of the
brokerage obtained on their purchases by Miles Brokerage Co..
Inc., in the form of the use of equipment and facilities of the
Buffalo office of Miles Brokerage Co., Inc., such equipment and
facilities being maintained from proceeds of brokerage fees and
commissions received by Miles Brokerage Co., Inc.

The complaint alleges that the receipt and acceptance of such
brokerage fees and commissions by Miles Brokerage Co., Inc.,
upon the three respondent companies’ purchases, while acting in
fact for such purchasers, and the receipt and acceptance of
brokerage in the form of buying office services and facilities by
the three buyer companies, upon their own purchases, violates
the brokerage provision of the Robinson-Patman Act. (4519)

STIPULATIONS

During the past week the Commission has entered into the
following stipulations;

Bean Beunimel Ties, Inc., also trading as Weisbaum Bros.,
Brower Co., Cincinnati, entered into a stipulation to cease certain
representations in the sale of neckties and mufflers.

Under the stipulation, the respondent agrees to cease employing
the words “Silk,” "Pure Dye,” or other words connoting silk to
describe a product not composed of silk. If, according to the
stipulation, the product is composed partly of silk and partly of
other fibers and the word “Silk” or other silk-connoting word is
used properly to describe the silk content, such words shall be
accompanied by other words in equally conspicuous type to
accurately designate each constituent fiber or material in the
order of its predominance by weight.

The respondent also stipulates that it wilt cease offering for
sale or selling any silk product containing any metallic weighting
without full and nondeceptive disclosure on labels, tags and all
advertising matter of the presence of this weighting and its per¬
centage or proportion, and that it will cease advertising, branding,
labeling, invoicing, selling or offering products composed wholly
or partly of rayon without clearly disclosing the rayon content
by use of the word “Rayon” and without failing to disclose
in equally conspicuous type any other constituent fibers in the
order of their predominance by weight.

The respondent further agrees to cease and desist concealing
within neckties composed in whole or in part of rayon, labels or
tags descriptive of their fiber content, or failing to attach such
labels or tags to the ties in a manner clearly revealing the descrip¬
tive matter appearing thereon; and to cease representing, directly
or inferentially, that neckties made or constructed wholly or
partially wdth or by machines are “Made by Hand” or and hand¬
made. (3143)

Hamanii Institute of Music — Engaged in selling correspond¬
ence courses of 52 lessons for the study of piano, Hawaiian (steel)
guitar, and Spanish guitar, Harry Hamann, trading as Hamann
Institute of Music, 3019 North 24th Place, Milwaukee, has entered
into a stipulation that he wall cease certain representations in the
sale of his products.

“Play songs almost instantly,” the respondent Hamann adver¬
tised, according to the stipulation. “Let me prove that you
too can become an expert, up-to-date player for less than two
cents a day.”

Under his stipulation, the respondent agrees to cease advertising
that his courses will enable a purchaser to learn to play current
entertaining music practically overnight, or become a skilled or
expert up-to-date player, and that any price is the regular price
for any of his courses, unless such price is in fact the customary
price.

The respondent further stipulates that he will cease representing,
by use of the word “Institute” in the trade name or of syllables

June 27, 1941 — 573

or letters which simulate that word, that his business is an institute;
by use of the word “Registrar,” that he employs a registrar in
his business; and by use of the word “President,” that his business
is a corporation or association or anything but a privately owned,
personally conducted business, (02813)

Jones Laboratories — J, M. Jones, trading as Jones Labora¬
tories, 724 West Trade St., Charlotte, N. C., distributor of a drug
preparation designated “Jones’ Dog Hulls,” entered into a stipula¬
tion in which the respondent agrees to cease representing, directly
or by implication, by use of the word “Laboratories” as part of
his trade name, that he owns, operates or maintains a laboratory
lor manufacturing his product, or for testing and experimenting
with the preparation. The respondent further agrees to cease
advertising, directly or by implication, that “Jones’ Dog Hulls”
will stop running tits. (02816)

Kiiig'.s Goat Milk Laboratories — Cornelius J, King, trading
as King’s Goat Milk Laboratories, 1848 Hone Ave., New York,
and engaged in the manufacture of various products composed
either entirely or in part of goat’s miik, entered into stipulation
to cease certain representations in the sale of his products.

The respondent agrees to cease representing or using represent¬
ations the effect of which tends to convey the belief, among other
things: that goat’s milk contains far more or, in fact, any more
of V'itamins A, B, C, D and G than does cow’s milk; that goat’s
milk is more suitable in infant and child feeding than cow’s milk,
or is the best substitute for human milk in such feeding; and
that the fat globules in goat's milk are in more perfect emulsion
than in any other milks, or that they are usually digested in tw'enty
minutes.

The respondent further agrees to discontinue representing or
using representations the effect of which tends to convey the im¬
pression that goat’s milk is an ideal food for most cases of
colitis, arthritis, anemia, nervousness, loss of weight, rundown
condition, and other ailments, and that its use in the treatment of
stomach or intestinal ulcers will obviate the necessity of surgical
operations in ulcer cases generally. (3128)

Larkin Co., Inc., Buffalo, N. Y., entered into a stipulation
to discontinue certain representations in the sale of Chinese lilet
dinner or cover cloths designated as “Tuscany Lace.” The re¬
spondent agrees to cease advertising that any dinner or cover
cloths or other articles sold by it are Tuscany lace, other than
such articles made from laces that are genuine Tuscany lace. The
stipulation points out that true Tuscany lace is a hand-made
filet lace of grape design produced in the Tuscany district of
Italy from linen thread. According to the stipulation, the respond¬
ent’s dinner or cover cloths advertised as “Hand-Made Tuscany
Lace” are filet laces made of cotton thread in China to imitate
the true Tuscany lace. (02815)

IMelrose Granite Coniiiaiiy and Rock of Ages Corporation,
both engaged in the sale and distribution of granite monuments
or memorials, have entered into stipulations in which they agree
to cease and desist from certain representations concerning the
lasting qualities of their products.

Melrose Granite Company, St. Cloud, Minn., in connection
with the sale or offering for sale of its monuments or memorials
in interstate commerce, agrees to cease and desist from represent¬
ing, by use of the w'ord “eternal” or any other word or w'ords of
similar import or meaning, or in any other manner, that its monu¬
ments or memorials are everlasting or will endure forever.

Kofk of Ages Corporation, Burlington, Vt., in connection
with the sale and distribution of its products in commerce, agrees
to cease and desist from the use of the words or phrases “everlast¬
ing,” “endures forever.” “impervious to the rigors of time and the
elements,” “throughout the ages,” “eternal beauty,” or any other
words or phrases of similar import or meaning in its advertising,
certificates of guarantee or otherwise, so as to import or imply
or the effect of which is to cause or may cause the belief or im¬
pression that its monuments or memorials are everlasting or will
endure forever. (3142 and 3145)

574 — June 27, 1941

Tlie Philip Ritter Co., Inc., 511 Fifth Ave., New York, an
advertising agency, entered into a stipulation to cease disseminat¬
ing certain advertisements on behalf of Grace Donohue, Inc., New
York, for its preparation “Grace Donohue Cleanser.” The re¬
spondent agency agrees to cease advertising that this product is a
remedy or cure for, or works wonders with, blackheads or white-
heads ; and that it is a healing agent and an efficient method of
preserving a clear, smooth or attractive complexion. (02814)

Tiiitz Co. — Nineteen dealers selling coal tar hair dye products
have entered into stipulations to cease disseminating advertising
matter w'hich does not contain proper cautionary statements
regarding use of their products.

The respondents and the hair dye products they sell are: Tintz
Co., Chicago, “Tintz Creme Shampoo Hair Coloring” (02S06) ;
G. P. Brandt, trading as Zephyr Laboratories, Chicago, “Brandt’s
Olive Oil Shampoo Tint” (02807); .American Beauty Products
Co., Chicago, "Brandt’s Olive Oil Shampoo Tint” (02808) ; H. L.
Baum, trading as Beauty Products, Denver, Colo., “Noreen Super
Color Rinse” (02809); Clairol, Inc., Stamford, Conn., “Special
Clairol” and “Instant Clairol” (02810) ; Bes-Tone, Ltd., New'
York, “Bes-Tone” and “Bes-Tonol Oil Shampoo Tint” (02811);
Nu-Gloss Mfg. Co., Inc., New York, “Nu-Gloss Tintrinsc”
(02812) ; Rap-I-Dol Distributing Corporation, New York, “Rap-
I-Dol Hair Coloring” (Supplemental Stipulation 01812); and
Paragon Distributing Corporation, also trading as Paragon Labora¬
tories, Inc., Eterne Manufacturing Corporation, and Paragon In¬
stitute, New' York, “Eternol Tint Oil Shampoo” and “Paragon
Hair Coloring” (Supplemental Stipulation 02112).

A. Rhodes Co., Inc., Low'ell, Mass., “Rhodes’ Quick Color for
Gray Flair” and “Rhodes’ Shampoo Tint for Gray Hair” (3131);
George Kremer, trading as Roux Distributing Co., New York,
“Roux Shampoo Tint” (3132); Norman W. Siebras, trading as
Lady Lennox Co., Memphis, Tenn., “Lady Lennox Hair Color¬
ing”, (3133) ; Clifford S. Donnell, trading as Queen Ann Manu¬
facturing Co., Newark, N. J., “Queen Ann Liquid Hair Coloring”
(3134) ; Humm Laboratories, Inc., Duart Manufacturing Co.,
Inc.. Ltd., Humbert Miragia, and William FI. FI. Davis, Oakland,
Calif., distributors of "Humm” coal tar hair dyes of some thirty
different shades (3135) ; Godefroy Manufacturing Co., St. Louis,
“Larieuse” (3136) ; Sales Affiliates, Inc., New York, “Loxol”,
“Inecto” or “Inecto with Lustrium” (3137) ; Fan Tan Co., Inc.,
trading as Black Strand Co., Chicago, “Black Strand Hair Color¬
ing” Cl 138) ; Keystone, The Old Reliable Co., trading as
Memphis Mail Order House and The Hi-Hat Co., Memphis, Tenn.,
“Hi-Hat" and “Four Star’’ (3139) ; and Jose G. Gonzalez and
Mrs. Henry (Felicitas G.) Myers, Laredo, Tex., “Malintzin”
(3140).

The respondents agree to cease disseminating advertisements
W'hich fail conspicuously to reveal therein the following: “Caution:
This product contains ingredients which may cause skin irritation
on certain individuals and a preliminary test according to accom¬
panying directions should first be made. This product must not
be used for dyeing the eyelashes or eyebrows; to do so may cause
blindness.”

The stipulations provide that such advertisements need contain
only the statement: “Caution: Use only as directed on label”, if and
when such labels bears the first described caution displayed con¬
spicuously thereon, and the accompanying labeling bears adequate
directions for such preliminary testing before each application.

A. Rhodes Co., Inc., Lowell, Mass., further stipulates that it
will cease disseminating advertisements of its product “Rhodes'
Reju-Vena”, a solution containing metallic salts, which fails to
conspicuously reveal therein a cautionary statement to the effect
that this product is not to be used under certain conditions or
circumstances, provided, however, that such advertising need con¬
tain only the statement: “Caution: Use only as directed on label”,
if and when such label bears the above described cautionary
statement conspicuously displayed thereon. (02806-02812, inc.,
supplemental 01812, 02112, 31M-3140, incl.)

Weyeiiberg Shut' Manufacturing C'oiupau.v, Milwaukee, Wis.,
a corporation engaged in the manufacture, sale and distribution
of shoes, one line of which is sold under the name of “Massagic,”
has entered into a stipulation in which it agrees to cease and
desist from use of words or phrases, statements or representations,
so as to import or imply or tend to convey the belief to purchasers
that “Massagic” shoes massage the feet ; that the shoes produce
“massaging resilience”; that the shoe “exercises and massages the

foot”; the use of words or phrases, statements or representations
tending to convey the belief to purchasers that the wearing of
“Massagic” shoes will cause callouses to vanish; and the use of
representations tending to convey the belief to purchasers that the
shoes will keep the feet young. (3141)

CEASE AND DESIST ORDERS

Commission has issued the following cease and desist orders:

Aotiiio Laboratories, Inc., and Carl Loeb, its president, located
at 429 West Superior St., Chicago, have been ordered to cease and
desist from misleading representations in the sale of orthoptic
instruments or machines intended for use in the treatment and
correction of certain visual defects.

The Commission finds that the respondents, in connection with
the sale of certain orthoptic instruments which they manufacture,
accept from purchasers other, used, instruments as a “trade-in”
allowance on the purchase of the respondents’ instruments; that
they resell the used or second-hand instruments thus obtained ;
and that, through the use of advertisements and their failure to
disclose that such instruments are used or second-hand, they
represent that certain of them are new and unused, when such is
not a fact.

The respondents are ordered to cease and desist from represent¬
ing, directly or by implication, that used or second-hand products
are new or unused, and from advertising, offering for sale or
selling used or second-hand products without disclosing that such
products are in fact used or second-hand. (3813)

George A. Bounds and Co. — George C. Bounds and William
H. Phillips, partners trading as George A. Bounds and Co.,
Salisbury, Md., who own and operate a factory at Hebron, Md..
for packing, processing and canning tomatoes and sweet potatoes,
have been ordered to cease and desist from violation of the broker¬
age section of the Robinson-Patman Act.

In connection with the sale and distribution of canned tomatoes
and sweet potatoes, the Commission order directs the respondents
to cease and desist from granting or allowing in any manner or
form, directly or indirectly, anything of value as a commission,
brokerage or other compensation or any allowance or discount
in lieu thereof to any purchaser in such transactions.

The order further prohibits the respondents from granting or
making any allowances or discounts in lieu of brokerage to any
purchaser by selling commodities at a price reflecting a reduc¬
tion from the prices at which sates of such commodities are cur¬
rently being effected by the respondents to other customers, such
reduction being an amount representing, in whole or in part,
brokerage currently being paid by the respondents to brokers for
brokerage services rendered to the respondents in effecting sales
of such commodities to such purchasers thereof. (4303)

Burry Biscuit Corporation and Tasty Bud Biscuit Co., Inc.,
Elizabeth, N. J., have been ordered to cease and desist from
misrepresentation in the sale of bakery products.

The Commission finds that the respondents caused certain of
their cracker products called “Bisc-O-Bits” to be packaged in
cardboard containers bearing on the surface, in conspicuous type,
the statement “Average 90 Crackers.” The Commission finds
this representation to be false and misleading for the reason that
the packages did not contain ninety crackers and did not average
ninety crackers each but, on the contrary, the packages contained
substantially less than ninety crackers. The findings also state
that the containers are of a size and capacity in excess of that
reasonably required to package ten ounces, the quantity of crackers
actually placed therein by the respondents. This practice of using
over-size containers, the findings continue, is known in the trade
and generally as “slack filling” and has the effect of misleading
or deceiving the purchasing public with respect to the quantity of
product contained in such packages.

The respondents are ordered to cease and desist from represent¬
ing that the number or quantity of any products contained in
any package or container in which they are offered for sale is
greater than the number or quantity of such products actually
contained or placed therein, and from offering for sale or selUng

any products in a container or package which is substantially larger
in size or capacity than that required for packaging the quantity
of product contained therein. (4374)

Clayton Candy Co. — Prohibiting the use of lottery methods in
connection with the sale of merchandise to ultimate consumers,
cease and desist orders have been issued against C. T. Clayton,
trading as Clayton Candy Co., Phenix City, Ala., candy manu¬
facturer; The Briarwood Corporation, Cleveland manufacturer
of smoking pipes; J. C. Helms, trading as H & L Candy Co.,
Marshville, N. C.; Helen Harrison Candies, Inc., Chicago, and
Gordon Foods, Inc., Atlanta, distributor of nut assortments and
other food products. (4395, 4401, 4455, 4467 and 4438)

The Firestone Tire & Rubber Co., The Goodyear Tire &
Rubber Co., and its sales subsidiary, The Goodyear Tire & Rubber
Co., Inc., and The B. F. Goodrich Co., all of .4kron, Ohio, and
Sears, Roebuck & Co., Chicago, and Western Auto Supply Co.,
Kansas City, Mo., have been ordered to cease and desist from
price misrepresentations in connection with the sale of auto¬
mobile tires and tubes.

Commission findings are that the tire company respondents
issued retail price lists for various grades of tires for the use of
their retail stores; furnished lists of suggested retail prices to
their dealers, and, during nation-wide sales periods, advertised and
recommended that their dealers advertise in a large number of
newspapers that certain tires were offered at savings and dis¬
counts from the regular or list prices. Sears, Roebuck &• Co. and
Western Auto Supply Co., according to findings, also issued price
lists but permitted their stores to sell at less than the suggested
prices.

The Commission finds that during the periods in which the
advertisements in question were published the respondents ad¬
vertised and offered certain alleged savings and discounts on tires
and tubes. The purported savings and discounts, according to
findings, were not in fact as represented for the reason that they
were not based or computed upon the regular current retail selling
prices but upon amounts which were higher than the current retail
selling prices.

Findings are further that in certain instances the represented
savings and discounts were exaggerated for the reason that the
purchaser was not credited with the usual part-payment trade-in
allowance for used tires turned in at the time new tires were
purchased.

Certain of the respondents, according to findings, represented
that savings were afforded, based upon the advertised selling
price as compared with competitors’ list prices. In such cases the
represented savings were found to be exaggerated for the reason
that such list prices were not the regular current retail selling
prices of the competitors’ tires.

Commission findings are further that substantial numbers of
purchasers understand that advertised savings or discounts are
reductions from the regular retail selling prices ordinarily charged
for merchandise immediately prior to advertised sales; that they
understand that “list prices,” as used in tire advertising, mean
regular retail selling prices of the tires advertised, and that any
represented savings or discounts from such list prices are reduc¬
tions from the regular retail selling prices in effect immediately
prior to the advertised sales.

The Commission orders direct all of the respondents to cease
and desist from employing the term “List Price” or any term of
similar meaning to designate prices which are not in fact the bona
fide regular established selling prices of the tires or tubes adver¬
tised and offered for sale, as established by the usual and custom¬
ary sales in the normal course of business.

The respondents also are ordered to cease representing, directly
or indirectly :

That any specified amount is the customary or regular price
of a tire or tube advertised when such amount is not in fact the
bona fide actual selling price as established by usual and custom¬
ary sales.

That any specified amounts or percentages are savings or dis¬
counts when they are not actual savings or discounts computed
on the bona fide, usual and customary selling prices in effect im¬
mediately prior to such representations.

That specific savings or discounts are afforded a purchaser upon
the purchase of tires or tubes when such savings or discounts do
not take into account the trade-in allowances customarily made
to purchasers in the ordinary course of business.

June 27, 1941 — 575

The respondents, except Western Auto Supply Co., are also
ordered to cease representing, directly or indirectly:

That any specified savings or discounts are offered a purchaser
upon the purchase of certain tires or tubes when such savings or
discounts are computed upon the regular selling or list prices of
higher priced tires or tubes.

That a specified tire or tube is offered for sale when such mer¬
chandise is not so offered but instead another tire or tube of
different kind or brand is offered.

The orders against Sears, Roebuck & Co., and Western Auto
Supplv Co., also prohibit those respondents from representing,
directly or indirectly, that any savings or discounts are afforded
a purchaser upon the purchase of their tires or tubes when such
savings or discounts are computed upon prices of competitors
tires and tubes, unless the prices of the respondents’ tires or tubes
and also those of their competitors are the regular current retail
selling prices, and that certain amounts are the prices of the
respondents’ competitors’ tires or tubes, unless such amounts are
the prices at which such competitors sell their tires or tubes in
the ordinary course of business.

Sears, Roebuck & Co. also is ordered to cease representing, di¬
rectly or indirectly, that a specified tire or tube is of a certain
grade, kind or line when it is of a different grade, kind or line,
and that its tubes can be bought for a designated amount, or at
a designated savings or discount, in combination with a tire or
tires when the designated amounts, savings or discounts in such
combination offer are not computed upon the regular retail selling
prices of each item in the combination.

In the Firestone case, the Commission ordered that the com¬
plaint be dismissed as to Firestone Tire & Rubber Co., sales sub¬
sidiary of The Firestone Tire & Rubber Co., the sales subsidiary
having been dissolved, and that certain charges in the complaint
be dismissed without prejudice to the Commission’s right to pro¬
ceed thereon in the future in any appropriate manner (3983, 3984,
3985, 4033 and 4054).

.Jolin J. Fulton Co., San F’rancisco, distributor of “Uvursin,”
advertised as a treatment for diabetes mellitus, has been ordered to
cease and desist from misrepresentations concerning the prepara¬
tion.

The Commission finds that through the dissemination of adver¬
tisements in the United States mails and by various other means
in commerce the respondent has represented that its medicinal
preparation “Uvursin” has substantial therapeutic value in the
treatment of diabetes mellitus and that when used with a diet
recommended by the respondent, it substantially increases the
efficacy of the diet as a treatment for diabetes mellitus. The Com¬
mission finds that the preparation is not efficacious for treating
this disease as it does not deal with the causes and its use may
be definitely harmful to a patient suffering from diabetes mellitus
in that it would give a false sense of security and delay the inaugu¬
ration of effective treatment.

Further findings are that there is no accepted treatment for
diabetes other than diet and insulin adjusted properly to meet
the needs of each patient.

The respondent is ordered to cease and desist from dissemi¬
nating or causing to be disseminated any advertisements by means
of the United States mails or by any means in commerce, which
advertisements represent that the preparation “Uvursin” consti¬
tutes a competent or effective treatment for diabetes or has any
therapeutic value in the treatment of diabetes (3819).

CJlaiid Esteineter Corporation and William Estep, its presi¬
dent, 30 North La Salle St., Chicago, formerly of Kansas City,
Mo., have been ordered to cease and desist from misleading repre¬
sentations in the sale of their “Gland Estemeter” device intended
for use in diagnosing diseases.

Commission findings are that the respondents advertised their
device as being capable of detecting or disclosing improper or ab¬
normal functioning of the glands, when in fact it is incapable of
such detection and possesses no value in diagnosing diseases or
conditions of the body.

The Commission order directs the respondents to cease dissemi¬
nating advertisements which represent, directly or through infer¬
ence, that all ailments or diseases are caused by improper or ab¬
normal gland functioning; that the respondents’ device detects or
discloses such improper functioning, reveals vitamin deficiencies,
discloses whether the body condition is acid or alkaline, discloses
the condition of the blood w'ith respect to energy or activity,
analyzes or discloses impairments of the mental processes, and

576 — June 27, 1941

that this device possesses any value in the diagnosis of any ailment
or body conditions (4328).

E. I>. Muller & Co. — The two principal processors of granu¬
lated chicory, a product used with coffee for flavoring and other
purposes, have been ordered to cease and desist from price dis¬
criminations in violation of the Robinson-Patman .Let, and from
selling below cost, disparagement of competitors’ products and
other practices in violation of the Federal Trade Commission .Act.

The respondent chicory companies are E. B. Muller & Co., Port
Huron, Mich., and Heinr. Franck Sons, Inc., Flushing, N. Y., both
controlled and directed, according to Commission findings, by
David McMorran, and principally owned by David McMorran
and his wife, Charlotte H. McMorran.

Commission findings are that the businesses of the two respond¬
ent companies are largely complementary, one to the other, and
that they refrain from competing with each other. Their principal
competitor has been R. E. Schanzer, Inc., operating in New
Orleans, the principal consuming market for chicory, and main¬
taining a chicory drying plant in Linwood, Mich., in the limited
area in which domestic chicory is grown.

.According to findings, the respondents have followed a general
pattern of price discrimination under which they have made low
prices in several southern States where they have been in active
competition with R. E. Schanzer, Inc., and have recouped in part
for these lower prices by charging higher prices in other areas
w'here their competitor does not attempt to and cannot, because
of transportation costs, sell its products.

The respondents, according to findings, also have discriminated
in price as among other purchasers within the same southern
States and among other purchasers elsewhere, and in many in¬
stances have maintained discriminatory prices as betw'een custom¬
ers located in the same city.

Detailed cost studies of the respondents’ business operations
show, according to findings, that they sold chicory below cost in
territory w'here R. E. Schanzer, Inc., operated, w'ith the deliberate
purpose of injuring and, if possible, destroying this competitor, and
that they sold at higher prices in other territories.

The respondent E. B. Muller & Co., according to findings, fre¬
quently disparaged the Schanzer chicory products by representing
to purchasers that they contained molasses, sugar beet or other
foreign substances, and the respondent has threatened Schanzer
customers with seizure by governmental authorities of chicory pur¬
chased from R. E. Schanzer, Inc., as being adulterated.

E. B. Muller & Co., according to findings, artificially colored
granulated chicory by adding iron oxide which produced an ex¬
ceptionally desirable and uniform color and represented that the
color and uniformity of color of its chicory were achieved by a
superior method of roasting and a painstaking selective process.

The Commission order directs the respondents to cease dis¬
paraging the products of competitors and representing that arti¬
ficially colorecl chicory is not so colored, anci to cease selling or
offering to sell granulated chicory at a price less than the cost
thereof to respondents with the purpose or intent, and where the
effect may be, to injure, suppress, or stifle competition or tend to
create a monopoly in the production or sale of such products (the
term “cost” meaning the total cost to the respondents of any
such transactions of sale, including the costs of acquisition, pro¬
cessing, preparation for marketing, sale, and delivery of such
products) .

The respondents are further ordered to cease discriminating
directly or indirectly in the price of such products of like grade
and quality, as among purchasers from either or both of them,
where the differences in price are not justified by differences in the
cost of manufacture, sale, or delivery resulting from differing
methods or quantities in which such products are sold or
delivered:

(.A) By selling any material quantity of such products to pur¬
chasers in one or more general trade areas at prices different
from those to purchasers in any other general trade area.

(B) By selling such products to some purchasers in any general
trade area at prices materially different from those to other
purchasers in the same general trade area (3224).

Neo-Viiii Co., 400 North High St., Columbus, Ohio, and six of
its officers or former officers have been ordered to discontinue mis¬
leading representations in the sale of their medicinal preparation
designated “Neo-Vim” or “Neo-Vem” and their cosmetic prepara¬
tion “Hi-Ho Tooth Paste.”

The respondent officers or former officers are A. L. Riaff, L. M.
Jensen, W. C. Pollard, Edwin L. Miller, L. R. Billow, and Carl G.
Rossel, all of Columbus.

The respondents are ordered to cease and desist from dissemi¬
nating advertisements which represent, directly or through infer¬
ence, that “Neo-Vim” or “Neo-Vem” is a tonic; that its use will
supply increased energy or vitality ; that it wall increase the appe¬
tite or flow of gastric juices; that it will increase the quantity
of the blood or improve the quality of the blood; that the prepa¬
ration constitutes a competent or effective treatment for indi¬
gestion; or that it has any therapeutic value other than that
possessed by an ordinary laxative.

The Commission order further directs the respondents to cease
representing that “Hi-Ho Tooth Paste” will remove stain, film or
discoloration from the teeth other than those of a surface char¬
acter; that the preparation will serve to keep gums healthy or add
firmness to the gums; that use of the preparation will prevent
impure breath or offensive odors; or that it is a competent or
effective agency for brightening the teeth in excess of the results
obtained from the use of any ordinary dentrifice (3969).

Omega Manufacturing Co., Inc. — Two distributors of devices
advertised for use in the electrolytic removal of hair have been
ordered to cease and desist from misrepresentations in the sale of
their products.

Respondents in the cases are Omega Manufacturing Co., Inc.,
trading as Omega Electrolysis Institute, and Milton L. Brown-
shield, an officer of the corporation, New York, selling the “Omega
Home Use Portable Machine,” or “Omega Method,” and D. J.
Mahler Co., Inc., East Providence, R. I., selling the “Mahler Elec¬
trolysis Apparatus,” or “Mahler Method.”

The orders direct the respondents to cease disseminating adver¬
tisements which represent, directly or through inference, that their
products are safe devices for the electrolytic removal of superflu¬
ous hair from the body by individual self-application in the home.

Omega Manufacturing Co., Inc., and the respondent Brown-
shield are further ordered to cease representing that their device is
painless, pleasant, quick or simple and easy to use and will have
no ill effects upon the body, and D. J. Mahler Co., Inc., to dis¬
continue representing that its device can be operated with ordinary
care and skill.

Under their respective orders, the respondents are further di¬
rected to cease disseminating advertisements which fail to reveal
that the use of their devices or apparatus by persons not trained
in the technique of removing superfluous hair from the body by
electrolysis may result in permanent disfigurement or cause infec¬
tions or other irreparable injury to health, and that the devices
should not be used to remove hair from cancerous or syphilitic
lesions, pigmented moles or other areas showing local pathological
conditions.

In each case the respondents had been restrained by United
States District Courts, on petition of the Commission, from dis¬
seminating certain advertisements of their devices pending final
disposition of the Commission’s cases against them (4146 and
4228).

J. K. Phannaoal Company — J. R. Olney, Sr., and J. R. Olney,
Jr., trading as J. R. Pharmacal Company, Chester, Pa., have been
ordered to cease and desist from misleading representations in the
sale of a medicinal preparation designated “J. R.”

Commission findings are that the respondents advertised their
preparation as constituting a cure or remedy for all cases of
athlete’s foot, when such is not a fact.

The Commission order directs the respondents to cease dis¬
seminating advertisements which represent, directly or through
inference, that their preparation is in all cases a cure or remedy
for athlete’s foot; affords instant or immediate relief from
athlete’s foot, itching toes, ringworm, or raw, inflamed feet, in
excess of temporarily relieving the itching symptoms associated
with such conditions, and that the preparation is endorsed by
leading health institutions or is the only known treatment of its
kind.

The order also prohibits the dissemination of advertisements
which use the statement, “Athlete’s foot fungi killed in less than
three minutes in laboratory test,” or which otherwise represent
that the preparation will, in all cases, kill or destroy athlete’s
foot fungi. (4127)

Pittsburgh Plate Glass Co. — A group of glass distributors and
glazing contractors operating in the New Orleans area have been

ordered to cease and desist from entering into and carrying out
agreements and undertakings to establish or maintain the prices
for their products and apportion among themselves the glazing
contracting business in New Orleans, and other practices.

Respondents are: Pittsburgh Plate Glass Co., distributor and glaz¬
ing contractor with headquarters at Memphis, Tenn.; and VV. D.
.Snyder, manager of its New Orleans branch; Karl Hansen Co.,
Inc., distributor and glazing contractor, and Karl Hansen, its
president; David Bernhardt Paint and Glass Co., Inc., distributor
and glazing contractor, and Fred Dittmann, its secretary-treasurer,
and Edmund W. Ulrich, manager of its glazing contracting divi¬
sion; Joseph B. Crasto, formerly trading as Joseph B. Crasto
Glass Co., glazing contractor, and his successor, Joseph B. Crasto
Glass Co., glazing contractor, and Lloyd Crasto, its acting
manager, and H. Flaumhaft, glazing contractor, all of New Orleans.

The Commission order directs the distributor respondents Pitts¬
burgh Plate Glass Co., Karl Hansen Co., Inc., David Bernhardt
Paint and Glass Co., Inc., and the individual respondents W. D.
Snyder, Karl Hansen, and Fred Dittmann, in connection with the
sale of plate, window, safety, rough rolled, wire, art and structural
glass, to cease and desist from entering into or carrying out any
agreement or undertaking among themselves or with any com¬
peting corporation or person for the purpose or with the effect
of restraining competition in the sale or distribution of such glass
in commerce.

These respondents are further directed to cease, pursuant to
such agreements, understandings or undertakings, (1) establish¬
ing or maintaining the prices at which such glass is sold to dealers,
the retail trade or consumers in the New Orleans trade area;
(2) holding meetings for establishing or maintaining the prices
for such glass; (3) exchanging information with reference to the
respondents’ respective businesses and activities where the purpose
is to establish or maintain prices; (4) adhering to duplicate or
uniform price lists for the sale of such types of glass in the New
Orleans area; and (5) changing simultaneously the prices at
which they sell the glass.

The glazing contractor respondents Pittsburgh Plate Glass Co.,
Karl Hansen Co., Inc., David Bernhardt Paint & Glass Co., Inc.,
Joseph B. Crasto, Joseph B. Crasto Glass Co., and H. Flaumhaft,
and the individual respondents W. D. Snyder, Karl Hansen,
Edward W. Ulrich, and Lloyd Crasto, in connection with the
sale of their various glass products or with the making of glazing
contracts in the New Orleans area, are ordered to cease entering
into agreements or undertakings among themselves or with other
competing corporations or persons, for the purpose of curtailing
competition. They are further ordered to cease, pursuant to such
agreements or undertakings, (1) apportioning among themselves
the glazing contracting business in New Orleans; (a) establishing
the amount of the bids to be submitted respectively by them for
supplying and installing glass in buildings in the New Orleans
trade area; (3) holding meetings for establishment of the amount
of the respective bids which the respondent glazing contractors
submit on particular jobs; (4) holding meetings for allocating
among the respondent glazing contractors glazing contracts for jobs
within the area; and (5) e.xchanging information with reference
to their respective businesses and activities where the purpose, in¬
tent, or effect is to establish or attempt to establish the amount
of the bids to be submitted respectively by the respondent glazing
contractors for jobs in the New Orleans trade area. (4304)

Sanders Manufacturing Co. — Three southern concerns have
been ordered to cease and desist from lottery methods in the
sale of their products. The respondents are Sanders Manufactur¬
ing Co., Nashville and Shelbyville, Tenn., distributor of adver¬
tising novelties and punch boards; Ethel’s Candy & Sales Co„ Inc.,
Atlanta candy manufacturer; and B. T. Clifton, trading as
Associated Sales .\gency, Birmingham distributor of clocks,
fountain pens and novelty articles. (3526, 4056 and 4201)

Tlicinsen-King & Co.^ Inc., Chicago, the VVinship Corporation,
Des Moines, and 37 individuals who are or were either officers of
the respondent corporations or associated in the businesses con¬
ducted by the respondents, have been ordered to cease and desist
from violations of the Federal Trade Commission .4ct in con¬
ducting a series of prize contests to promote the sale of cosmetics.

Commission findings are that the respondents have disseminated
false and misleading advertisements containing puzzle or picture
contests and the offer of prizes for their solution; that the con¬
tests are easy of solution and have been used as a “bait” to
obtain the names of people to be encouraged to enter competitive

June 27, 1941 — 577

selling contests, and that the puzzle contests have been in fact
buying contests requiring quantity purchases of the respondents’
cosmetic products by the so-called contestants. According to
findings, the respondents have sold as much as $1,643,000 in cos¬
metics to contestants in one of the contests.

Commission findings are that the respondents, individually and
in cooperation, in the furtherance of a common plan, have or¬
ganized and operated appro.ximately 16 corporations operating
under trade names for the dissemination of advertisements con¬
cerning numerous prize contests. The findings further recite that
when one of these companies would be cited to appear before the
Federal Trade Commission the respondents in some cases would
enter into a stipulation with the Commission to cease the practices
being conducted, and would make little effort to comply with
the stipulation but instead would either discontinue or dissolve the
particular operating company, organize a new company, and
proceed with practices substantially similar to or identical with
those which they had stipulated to discontinue.

The Commission order directs the respondents, individually or
by concerted action in connection with a contest in which the
purchase or sale of cosmetics or other articles is essential to
participation in any awards given to cease disseminating advertise¬
ments which represent, directly or by implication, that the re¬
spondents are conducting a contest confined to solution of a
picture puzzle which involves only competition in skill without
e.xpenditure of money or work in order to win a prize; to cease
representing that they are giving away a substantial sum of money
or merchandise as prizes to a certain limited number of persons
as an introductory or advertising offer through a contest, when the
conduct of such so-called contest in fact constitutes their usual
course of business, and to cease representing that offers made to
individual contestants are exclusive to the persons addressed or
that such persons have been granted an exclusive advantage in
a contest, and that the giving of a certain order for goods and the
payment of a specified amount therefor will assure the contestant
addressed of obtaining a money prize or other award.

In connection with the sale of cosmetics, the order also prohibits
the use of advertising matter in a contest which sets out a portion
of the terms and conditions without stating that they are only a
portion of the requirements; the use of lottery methods, and the
representation, directly or by implication, that the respondents’
cosmetic preparations will restore a youthful condition to the
skin, remove wrinkles or strengthen muscles.

The Commission order is directed against Thomsen-King &
Co., Inc,, The Winship Corporation, James M. Woodman, Jesse
L. Stewart, Merrold Johnson, G, Fred Stayton, Joseph Furth,
.\lbert L. Bisson, Leta M, Frazier (formerly Leta M, Clanton),
Glenn Tate, George Thomsen, Amber M, McCluskey, James L,
Decker, Sibley F. Everitt, Walter G. Phillips, Paul H. Williams,
Don M. Parmelee, George Schaffer, Evelyn Henderson, Richard
E. Williams, Prentice W. Shaw, John E. Woodman. Steve W.
Phillips, Warren Lee Eastman, Ernie A. Storesund, A. Leonard
.Anderson, Gerald G. Grant, W. W. Young, Paul Manning, Fred
W. Fitch, Mrs. Fred W. Fitch, Lucius W. Fitch, Mrs. Lucius W.
F'itch. Gail W. Fitch, Mrs. Gail W. F’itch, Lester R. Sandahl,
Mrs. Lester R. Sandahl. Richard H. Young and Mrs. Richard FI.
Young.

The Commission order directs that the complaint in its proceed¬
ing be dismissed as to F. W. F'itch Co., Des Moines, and as to

J. G. Hamer, B. Brown, H. Rosenstein, Claude T. Burnett, Ross
J. Miller, Joseph Kane and Walter Rubens. (3998)

United Sales Co. — Max Cohen, 4042 South Broadway Place,
Los .Angeles, has been ordered to cease and desist from misrepre¬
sentations in the sale of photographic enlargements and frames.
The respondent Cohen is in business under the names United
Sales Co., United Art Display and Sales Co., Art Display Co.,
United .Art Display Co., and United Display Co.

Commission findings are that the respondent, through two types
of salesmen, one known as “grabbers” and “initial solicitors” and
the other as “proof passers” or frame salesmen, engages in elaborate
and deceptive sales methods which are directed to the primary
purpose of selling photographic enlargements and frames.

The Commission order directs the respondent and his agents
to cease representing that colored or tinted pictures are paintings,
and that the respondent is engaged in the business of procuring
pictures for use in advertising various products or that any picture
so procured by him will be sold to any advertiser.

The respondent is further ordered to desist from representing
that pictures submitted to the respondent or photographic en¬
largements made therefrom will be entered in any picture contest,
unless such contest is then, in fact, being conducted and such
pictures or enlargements are eligible for entry ; that any photo¬
graph or colored enlargement has been entered in any competition
or that an award has been made; that the respondent is con¬
ducting any special or advertising campaign in a particular
locality unless such is a fact, and that the respondent’s business
is operated under sanction of the United States Supreme Court
or any other court or tribunal.

The order further prohibits the representation that prices and
values which are fictitious and in excess of the regular prices are
in fact the customary prices or values for pictures or frames, and
the representation that the respondent will pay half the cost of the
frame of any picture when in fact the frame is sold to the pur¬
chaser at a price in excess of the customary price. (4161)

Fred P. VVeissniaii, Inc., 270 West 38th St„ New York, has
been ordered to cease and desist from misrepresentation of the
fiber content of certain products sold by it. The respondent sells
and distributes women’s coats and other garments.

The Commission finds that the respondent has caused to be at¬
tached to its products certain labels purporting to designate and
describe the constituent fibers or materials of which such products
are made. One of such labels carries the legend “100% C.AMEL’S
HAIR.” The Commission finds that this representation is false
and misleading in that the garments so labeled contained only 30
per cent camel’s hair, the remaining fibers being wool and mohair
in about equal proportions.

The respondent is ordered to cease and desist from using the
term “100% CAMEL’S H.AIR” or any other term of similar
import or meaning to designate, describe or refer to any fabric
or product which is not composed entirely of camel’s hair, and
from representing in any manner that the respondent’s products
contain camel’s hair in greater quantity than is actually the case
(3532).

578- June 27, 1941

1626 K STREET, N. W.

WASHINGTON, D. C.

Vol. 9, No. 26, July 3, 1941

NBC PROPOSES SOLUTION OF ASCAP
MUSIC PROBLEM

Niles Trammell, President of NBC, announced that he had sub¬
mitted a proposal to ASCAP for the use of ASCAP music on
NBC networks and managed and operated stations, (For CBS
proposal, see N.AB Reports, p, 564,1

“Our proposal,” Trammell said, “represents our best efforts to
solve the music problem which has existed since January 1, 1941,
when former licenses from ASCAP expired, I have sent our pro¬
posal to all of the independent stations affiliated with the NBC for
their study and consideration.”

The essential points of the new agreement between ASCAP and
NBC as outlined by Trammell are:

1. NBC agrees to pay on network commercial business

while it proposes that the individual stations pay 2% on local
and national spot commercial business.

2. NBC will clear and pay for the use of ASCAP music on all
network sustaining and public service programs.

3. NBC proposes that ASCAP offer to the independent network
stations four alternative methods for the use of ASCAP music
locally.

4. NBC proposes that the new services of Television, Frequency
Modulation, Shortwave, Etc., pay for the ASCAP music on
the same basis when commercial revenue for such services is
received.

The proposal was tendered subject to the acceptance by NBC
affiliates of their portion of the network commercial license fee
which the NBC, under the terms of the ASCAP consent decree,
must pay for clearing all network music at the source. The pro¬
posal is being sent to the independent stations affiliated with the
NBC networks, with the endorsement of the Chairman and Vice
Chairman of the Independent Radio Network Affiliates, Samuel
Rosenbaum of WFIL, Philadelphia, and Paul Morency of WTIC,
Hartford, Conn., respectively, as well as Harold Hough of VVBAP
and KGKO, Fort Worth, Texas.

“I am hopeful that this proposal will be accepted by all the
parties,” Trammell said. “Under its terms, the National Broadcast¬
ing Company will pay .ASC.AP somewhat more than it has pre¬
viously. We are offering to assume the obligation of clearing and
paying for all network sustaining and public service programs in
order to expedite a final solution. Our offer of a higher payment
for a network license, and our proposal that a lower rate be paid
by the local stations for local and national spot commercial busi¬
ness, represents a sincere effort on our part to return the ASCAP
music to the air on a basis equitable to all.

“The independent stations on the NBC networks remain free to
negotiate local licenses with ASC.AP if they so desire, and we have
suggested four alternative methods for the consideration of the
stations and ASCAP. The alternatives suggested permit of great
flexibility in negotiating agreements for the use locally of ASC.AP
music. .At the same time they provide for a fair payment to
ASC.AP for the use of its music.

“The success achieved by Broadcast Music, Inc., has been a
source of gratification to all broadcasters. The use of BMI music
will continue and with the completion of negotiations with .ASC.AP
a competitive market for music will have been established. That
was the real purpose behind the formation of BMI, and I am sure
that if our proposal to ASC.AP is accepted, the composers, lyricists.

arrangers and publishers throughout the country will find an ever-
widening use for their music, and receive fair and equitable com¬
pensation for it.”

NATIONAL BROADCASTING COMPANY’S
PROPOSAL TO ASCAP

Proposal

This proposal covers the Red and Blue Networks and the
Managed and Operated Stations of the NBC. It contemplates
the execution of separate network licenses for each NBC network,
and individual local station agreements for each of the 9 NBC
M & O Stations.

As used herein, the term “net receipts from sale of time” shall
be deemed to mean the actual amounts received by NBC from the
sale of time after deducting (1) discounts, (2) rebates, (3) adver¬
tising agency commissions actually allowed.

We propose that separate licenses be executed on each of the
following bases:

Blanket Network Commercial License
NBC would execute separate network commercial contracts with
.ASC.AP under which NBC would pay ASC.AP as a commercial
license fee, covering all NBC network commercial programs, 2JA%
of its net receipts from sale of time for network broadcasting over
each of its networks, after deducting a sales commission equal to
15% of NBC’s net receipts from the sale of time for network broad¬
casting and the actual cost to NBC of the wire lines, or other
means of connections, between the member stations of the networks.

Blanket Network Sustaining License
NBC would execute separate network sustaining contracts with
•ASC.AP under which NBC would pay .ASC.AP, as a sustaining
license fee covering all NBC network sustaining programs, ,$200
per year, in advance, for each contract year, for each station man¬
aged and operated by it or regularly affiliated with it during such
year. In the event a station is managed and operated or regularly
affiliated with NBC during a part of any contract year, the net¬
work sustaining fee will be pro-rated, A station shall not be
deemed to be regularly affiliated with NBC where the networks
only feed to it occasional sustaining programs in the public interest,
and in such cases no network sustaining fees will be paid.

Local Station Blanket Commercial License

Each NBC M & O station would execute a separate local station
blanket commercial license agreement under which it would be
obligated to pay ASCAP 2% of its net receipts from the sale of
time for local and national spot broadcasting after deducting a
sales commission equal to 15% of its net receipts from the sale of
such time.

Local Station Blanket Sustaining License

Each NBC M & O station would execute a separate local blanket
sustaining license agreement under which the station would pay an
annual sustaining fee of

(a) 12 times the highest ]/> hour card rate of the station if it
has net receipts from the sale of local and national spot
business in excess of $150,000 per year, or,

(Continued on page 580)

July 3, 1941 — 5 79

WASHINGTON

Phene NAtional 2080

Neville Miller. President C. E. Arney, Jr.. Assistant to President

Edward M. Kirby, Director oi Public Relations; Joseph L. Miller.
Pir'^c^or of Labor Relations; Frank E. Pellegrin, Director of
Broadcast Advertising; Paul F. Peter, Director of Research:
Russell P. Place. Counsel; Lynne C. Smeby, Director of Engineering

NATIONAL BROADCASTING COMPANY’S
PROPOSAL TO ASCAP

(Continued from page 579)

(b) 12 times the highest hour card rate of the station if it
has such net receipts between $50,000 and $150,000 per
year, or,

(c) $12.00 for any station which has such net receipts of less
than $50,000 per year.

Wliile NBC, for its networks and M & O stations, is willing to
contract with ASC,‘\P on the above blanket basis, many of our
affiliates desire a per use basis. We, therefore, suggest a per pro¬
gram plan which we would be willing to recommend for considera¬
tion by those of cur affiliates desiring this type of license:

Local Station Per Program Commercial License

ASC.AP would offer each such station a contract under which
the station would agree to pay to ASCAP

(a) 8% of its net receipts from the sale of time for local and
national spot broadcasting, after deducting a sales com¬
mission equal to 15% of such net receipts, on programs
which use ASCAP music except those programs making
only incidental use of .ASC.AP music as provided in (b).

(b) 2% of its net receipts from the sale of time for local and
national spot broadcasting, after deducting a sales com¬
mission equal to 15% of such net receipts, on all local and
national spot commercial programs which use no music
licensed by ASCAP other than bridge or background
music, themes or signatures. ASC.AP arrangements of
public domain works, or such music as is incidental to
the broadcast of a public or sports event.

Local Station Per Program Sustaining License

■ASCAP would offer a local sustaining per program agreement
under which the station would agree to pay, on all its local sustain¬
ing programs, using .ASC.AP music, 1% of the card rate of the
station which would be applicable to the time, if sold. From the
card rate however there shall be deducted amounts equivalent to
the discounts and agency commissions which normally would apply
and a sales commission of 15%. In no event shall the sustaining
fee of any station exceed the sustaining fee which the station would
have paid had it executed the local blanket sustaining license agree¬
ment mentioned above.

We recommend that .ASC.AP offer to all NBC affiliates the op¬
portunity of contracting on any one or on any combination of the
foregoing local station license plans.

In the case of all local station licenses, no fees shall be payable
to .ASC.AP on any program whether live talent or recorded, net¬
work or local, sustaining or commercial, where the performing
rights have been cleared at the source.

ASC.AP shall not restrict any composition in order to obtain ad¬
ditional consideration for the performance thereof, or for the pur¬
pose of fixing or regulating fees for the recording or transcribing
of any composition.

Since NBC now proposes to clear at the source on network pro¬
grams and cannot bear the entire expense of network commercial

580 — July 3, 1941

licenses itself, it must arrange with its affiliated stations to reimburse
it for part of the network commercial license fees which it proposes
to pay .ASC.AP. Therefore, the proposed blanket network com¬
mercial and sustaining license agreements shall be conditioned upon
substantially all NBC affiliated stations agreeing to reimburse NBC
to the extent of 2J4% of the compensation paid the station for
broadcasting network commercial programs.

Among Ot’ner Detailed Conditions to Be Negotiated the

Proposed Contracts Between ASCAP and NBC Shall

Contain Provisions to the Following Effect;

(1) .All contracts shall terminate on December 31, 1949.

(2) .All claims, causes of actions and pending actions as of the
date of closing against NBC or against the affiliates of NBC by
ASC.AP or any of its members shall be dropped and dismissed forth¬
with, and full releases will be delivered by ASCAP and its members.

(3) .All network licenses shall permit all NBC affiliates and
M & 0 stations to broadcast .ASC.AP music on NBC network pro¬
grams but no license fees shall be payable with reference to the
broadcasting of any network program over stations located in states
which have statutes prohibiting ASC.AP from operating in such
states as herein contemplated or which prevent NBC from obtain¬
ing reimbursement from its affiliated stations in such states.

Likewise no license fees shall be paid by NBC with respect to
broadcasts or net receipts from the sale of time on stations located
outside the United States of America.

(4) It is proposed that .ASC.AP grant blanket licenses for nomi¬
nal fees covering FM, Shortwave, Television, and experimental sta¬
tions, operated by any .ASC.AP licensee, and at such time as the sta¬
tions have commercial income, the fees specified in the contracts
covering local standard band broadcasting shall apply thereto.

(5) All contracts will be reduced to writing and will not become
binding until signed by both parties.

(6) ASCAP m.ust warrant that both its foreign and domestic
catalogues will not be substantially reduced during the term of the
agreement.

(7) The agreements must cover all compositions w'ritten, com¬
posed or copyrighted by ASCAP members or in which they have
an interest, w'hether or not such compositions are published or un¬
published, copyrighted or uncopyrighted.

(8) The agreements must make clear that major non-dramatic
works are within the terms of the ASC.AP licenses.

(9) ASC.AP’S indemnification must cover all compositions the
performing rights in which are allegedly controlled either by an
.ASC.AP member or a member of one of its affiliates.

(10) Provision must be made for right of NBC and its affiliates
to record NBC programs for reference, file, audition and delayed
broadcasting purposes, and for the performance of .ASC.AP com¬
positions by NBC affiliates and M & O stations on delayed and
repeat broadcasts of network shows.

(11) ASCAP must specifically give us the right to make and
use arrangements and transpositions.

(12) The ASC.AP restricted list has been abused in the past and
a specific clause must be drafted which will give reasonable pro¬
tection both to .ASC.AP and the licensee,

(13) The license to broadcast must include without additional
fee the right to perform before an audience in a theatre or studio
incidental to the broadcast.

(14) NBC must have the right to terminate if network broad¬
casting as now constituted is substantially changed.

(15) The licensees may at the end of any contract year by
notice to .ASC.AP shift from a blanket to a per program basis of
licensing or visa versa on the most favorable terms ASCAP has
at the time in effect with any other broadcaster similarly situated.

(16) If .ASCAP obtains from its members the right to contract
for a period beyond December 31, 1949, NBC shall have the right
to extend its license agreements for a similar period subject to
all the terms and conditions therein contained except as to the
fees to be paid which shall be determined by mutual agreement
failing which they will be set by arbitration.

While this proposal contains the more important terms which
NBC considers must be contained in any contract between it and
.ASC.AP, the details and other provisions of the agreements must
be worked out in mutually satisfactory language.

BMI

ASCAP Writers License New Compositions for
Broadcasting

Aidv Razaf, composer of Honeysuckle Rose, and J. Russell
Ri^b'nson composer of Margie, have granted broadcasters a non¬
exclusive license, to continue until December 31, 1950, to perform,
broadcast and televise new compositions written by them which
will be published by BMI. The compositions are. I’ll Be A Good
Soldier, Too by Andy Razaf and J, Russell Robinson and We’d
Rather Die Upon Our Feet (Than Live Upon Our Knees) by J.
Russell Robinson, Henry A. Murphy and Lewis Fuchs (the last
two are not members of ASC-AP). The authority is cranted in
accordance with th“ Consent Decree executed by ASC.AP. BMI,
as publisher, joins in the grant to its licensees.

,\ndy Razaf (Andrea Razafkeriefo) , one of two colored com-
Dosers who have succeeded in making a living bv writing songs,
is a nephew of the late Queen of Madagascar, Ranavalona. III.
He is the only living negro with a rightful claim to a throne. His
grandfather, John L. Waller, was LTnited States Consul to Mada¬
gascar under President Harrison. His mother married the brother
of the Queen. When the French overran the Island, his father
died at the head of a Madagascar regiment. His mother and
grandfather were subjected to many abuses and were robbed of
their property. In fear of their lives, they fled to America, and
.Andy was born in Washington, D. C. Andy believes that the
radio is the surest medium for popularizing a song. He is con¬
sidered by many the most prolific and outstanding songwriter of
his race and has written more than a thousand songs. With the
possible exception of Irving Berlin, Razaf’s name appears on more
popular songs than that of any other writer. In addition to
Honeysuckle Rose, some of Razaf’s outsanding hits are: Am’t
Misbehavin’ , Sposin’, Make Believe BaVroom, Memories of You,
Keepin’ Out oi Mischief, If It Ain’t Love, Patty Cake, In the
Mood, Peach Tree Street, Stompin’ At the Savoy and Black and
Blue.

In addition to Margie, J. Russell Robinson has written Mary
Lou, Aggravatin’ Papa, What Are Little Girls Made Of, Jiat Be¬
cause You’re You, Stop the Sun, Stop the Moon, (My Man’s
Gone), and many of the most popular tunes played by Cab Callo-
w'ay, such as Ain’t Got A Gal In Town, Reefer Man, Yeah Man
and hundreds of others. He is a professional musician and was
the pianist of the original Dixie Land Band, the first jazz band
to appear in London. He wrote the first song to be sung as a solo
by Beatrice Lillie; he has served as accompanist for Singin’ Sam.
Marion Harris, Aileen Stanley and many other singers.

In regard to the melody of We’d Rather Die Upon Our Feet,
he tells that it was written while seated in a cafe while enter¬
tainers were singing and playing. His ability to compose under
the most confusing and uncomfortable conditions he ascribes to
the twelve years he spent in motion picture theatres playing music
suitable to the action of the picture, “extemporizing nine hours
a day, seven days a week, which developed within me the ability
to compose at will, regardless of where I might be.”

Kornheiser Joins BMI

Phil Kornheiser, General Manager of Leo Feist for more than
twenty years, has become associated with Broadcast Music, Inc.,
and will serve as a consultant to Merritt E. Tompkins, BMI’s Vice
President and General Manager. Mr. Kornheiser’s entire ex¬
perience has been in the field of popular music and he has de¬
veloped a reputation of knowing w'hat to do with a song to turn
it into a hit.

A Publisher Comments

New Era Music Corporation has released the following state¬
ment through its General Manager, Harold Oxley:

“Late in 1940 when New Era Music signed with BMI, we said,
‘The BMI way of dealing with writers is the best thing that has
ever happened to American music. New Era music is going
to BMI because BMI gives the fairest deal.’

“I can say that we still feel the same way. The check we re¬
ceived for performance royalties for the first quarter of 1941 under
the BMI system represents the most equitable method of payment
in the music business.”

New Era Music Corporation, owned by Jimmie Lunceford,
prominent orchestra leader, signed a contract with BMI in De¬
cember, 1940. The catalogue contains many well known rhythm
novelties and instrumentals, among them What’cha Know Joe?

BMI FEATURE TUNES
July 7 . July 14

1. I WENT OUT OF MY WAY

2. WASN’T IT YOU

3. ALL ALONE AND LONELY

4. MY SISTER AND I

5. WISE OLD OWL

6. WALKIN’ BY THE RIVER

7. BECAUSE OF YOU

8. G’BYE NOW

9. WITH A TWIST OF THE WRIST
10. THE RELUCTANT DRAGON

Hit Writers and Hobby Writers

There are many songwriters in all parts of the country who have
profited from the opportunity BMI affords. There is Jack Owens
who w'anted to be a singing evangelist and composed The Hut Sut
Song. There is Helen Bliss, who formerly worked in Macy’s and
is now a dentist’s assistant. Helen wrote The Moon Won’t Talk
and the new BMI hit, 7 Went Out of My Way: George Fragos,
twenty-two year old Greek boy, who wrote the music for I Hear
.4 Rhapsody when he was fifteen; Bernie Wayne and Ben Raleigh,
writers of You Walk By and a new one called Wasn’t It You.
Bernie and Ben owe their success to a breath-taking blonde who
swept by them at the corner of S7th Street and Fifth .Avenue. She
inspired the words, “You walk by and children pause at play.
You walk by, December seems like May.” The boys were thinking
of advertising in the Lost and Found columns but they decided
that it was pretty easy to be fooled and so their unknown inspira¬
tion has never received her share of the boodle, which in the case
of Y ojc Walk By has run into quite some bood’e.

Lina Mae Carlisle, a young colored girl from Zanesville, Ohio,
is cashing in with Walkin’ by the River. Joe Ricardel, twentj'-two
year old orchestra leader, has tapped the till with The Wise Old
Owl. An earlier success, the first BMI hit. Practice Makes Perfect,
gave Ernest Gold, Robert Sour and Don McCray no cause for
regret. The Same Old Story was a new story for Newt Oliphant
and Michael Field, who, though they had written popular tunes
prior to the formation of BMI, had never watched their notes turn
into cash.

In addition to the substantial sums earned by BMI hit tunes,
many ."ongs which are not well known are returning sizable
amounts to their creators. These unknown numbers have been
transcribed even though their popularity has not justified recording
for retail sales. As a result of these transcriptions, the tunes have
been played steadily by many stations in various parts of the
country and each playing registered a little more cash for the
writers. Some of these songs are a far cry from popular tunes.
Examples of this sort are. The Shining Hour and Peter Piper, Jr.,
by Ernest Gold, which, although they never appeared on the Hit
Parade or, in fact, got anyw'here near it, brought their writer checks
for $169.28 and $152.00 respectively for performances in the first
quarter of 1941.

July 3, 1941 —581

The song, I'll Spend the Rest of My Life by Franklin D. Roose¬
velt, Jr., and Kendrick Sparrow, while it failed to fascinate any
band leader, earned ,‘};81.84 for each of its writers in the first three
months. Phantom In the Dark, a tune without words by a fifteen-
year-old Brooklyn schoolgirl, Laurette Carroll, brought home
close to ,$200 on performances, and yet it is safe to say that most
of us never heard of it. The Plains of Old Wyoming by Corner
Cool of Los Angeles, though rarely heard on the networks, returned
Cool ,$150.36, while a highly sophisticated song. The Morning After,
by Lee VVainer and Bob Sour brought each of its writers ,$166.88,

This sort of compensation is most unusual for songwriters.
Most music publishers accept only those songs which they can
exploit to the fullest extent and the result is that songwriters are
either “in the money” or living on "cakes and coffee.”

Tunes appealing to a wide variety of tastes, brought home the
BMI bacon. Johnny Messner’s Clarinet In a Haunted House rang
up $264.00 while An Old Easy Chair By the Fireplace by Curt
Poulton of Tuscola, Illinois sent ,$141.92 into Tuscola. Dabney
Carr of Houston, Texas, now in the Army Air Force, and his
partner, Richard Shannon, each collected $125 for Walkin’ On
Air. Night Game In Brooklyn was heard enough to return Charles
Boutelle of Bayside, Long Island, $121,28. And so it goes. More
than 1000 writers in all parts of the country made money as a
result of the existence of BMI.

Belgians and French to Hear BMI Tunes

Starting July 7th, Belgians and the French, or those of the popu¬
lations of the two countries who own short-wave radio sets, are
to hear BMI songs with French lyrics sung over NBC short-wave
by Enny de Vries, who enjoyed widespread popularity in Brussels
before the Nazis overran Belgium. Miss de Vries will also be
heard in French Canada and French possessions. Married to
an American, Miss de Vries has spent six weeks out of every
year in the United States and has introduced many of our best
known popular songs to the Belgian and French public. She
composes as well as sings, and some of her songs have been pub¬
lished for sale in French Canada.

Sales

Networks Recognize Cash Discount

Because it was being rumored that the networks were about to
allow a "2% cash discount,” the NAB Sales Managers Division has
conferred with NBC and CBS network officials who have been en¬
gaged in cash discount negotiations with advertisers and agencies.
This report is a resume of what has happened, so that all NAB
members may be fully informed to date.

Since radio is the one major advertising medium that has not
generally allowed a cash discount, it is important that the details
of the [iresent negotiations be known so that station managers will
not be unnecessarily alarmed, but rather that everyone keep an even
balance through an understanding of the facts.

.Advertising agencies unquestionably have a continuous and serious
credit problem. It is well known that some agencies have media
billings of such magnitude that even with their sizable cash re¬
serves they could carry these huge billings for less than a month
unless they receive prompt payment from their clients. Practically
all media except radio have made it a practice to allow cash dis¬
counts, and thus it has almost become a habit for advertisers to
pay their agency accounts promptly. However, recent action by
the Curtis Publishing Company, in withdrawing the cash discount,
was of serious concern to agencies because of the fear that this
might be the signal for a general withdrawal by other publishers
and other media. If this happened, it was possible that the ever¬
present credit problem might become so acute as to threaten the
present agency structure.

For several years, and more notably in the past several months,

582 — July 3, 1941

the .American Association of .Advertising Agencies has been trying
to persuade the networks to accept the “principle” of the cash dis¬
count. Because of recent developments, many of the nation’s lead¬
ing advertisers finally joined forces actively with the agencies in
order to safeguard present agency structure, and added the weight
of their appeal to the negotiations. The Association of National
Advertisers, representing a great number of the country’s most
substantial advertisers, joined in the effort.

.An authorized committee of leading agency executives finally ap¬
proached CBS and NBC with a request that the cash discount
principle be recognized, on the assurance that the method, to be
later worked out, would not decrease the net billings; in other
words, that the networks or anyone else who would accept the pro¬
posal could not possibly lose one dollar of net revenue.

After considerable negotiation and a thorough analysis of the
problem from all angles, CBS and NBC could find no valid reason
for not agreeing to this proposal, but added two other conditions:
that any cash discount would not require an increase in rates, and
that the method finally to be adopted would have to be approved
by the advertisers, with this approval to be secured by the agencies
rather than by the medium.

NBC is understood to have modified the rate condition, whereby
a slight change in rates might have to be made for this reason :
If a cash discount is provided through the technique of reducing the
present volume discounts by a comparable amount (for example,
2% in each case), there will be a slight mathematical difference be¬
cause volume discounts are taken off the gross, and the cash dis¬
count would be taken off the net. The objective is to keep net
billings the same, and to achieve this NBC points out that, depenfl¬
ing upon the final method adopted, some minute rate change may
be necessary.

The conditions therefore are:

1. .Any cash discount to be allowed cannot reduce revenue.

2. It is not to take the form of a rate increase (except as modi¬
fied above).

3. The idea and method must be “sold” to the advertisers by the
agencies.

Only on these three conditions will the principle of a cash dis¬
count be recognized, and there will be no deviation from these con¬
ditions, it was definitely stated.

What the final method of figuring the discount will be was not
definitely decided as this was written, but two general proposals
arc being considered:

1. That a cash discount be provided, by reducing the present
volume discounts (weekly and annual) by an equivalent amount,
so that the net payment by due-date would be at least equal to
what it is now. In this event, instead of reducing radio revenue,
the result would be to increase it by the amount of the cash dis¬
count in the event of non-payment of bills on time.

2. That a “surcharge” be added to present net billings if not paid
by due-date. Under this plan, present discounts would remain the
same, with the surcharge added for failure to pay when due. This
also would result in a net increase of radio revenue if due-dates
were not met. It is understood that CBS favors this method of
meeting the problem and has so advised the agencies.

MBS is also understood to be considering the problem, and since
the initiative in each case comes from the agencies and the adver¬
tisers, it is believed that Mutual has received similar proposals.

In effect, therefore, although recognizing the principle of the cash
discount as a service to advertising agencies and as a means of
assisting them to operate on a sound basis, adoption of either of
these proposals would in reality constitute not an additional dis¬
count, but rather an additional charge for non-payment of bills
when due.

.Any plan adopted by any or all of the networks would have no
direct effect upon stations, either network-owned, network-affili¬
ated, or independent. Each station, of course, is perfectly free to
do what it wishes in the matter: to maintain its present practice or
to change its policy in any way it wishes.

It is the desire of the Sales Managers Division of the NAB that
no one misconstrue these moves by believing that a new, additional
discount is to be allowed, or that present rate structures will be

materially changed. When everyone concerned is fully informed
of the facts as given above, it is believed that the problem con¬
fronting the agencies will be appreciated, the reasonableness of
their request will be admitted, and the action of the networks will
be understood. Thus no one will become unnecessarily upset one
way or the other, and stations will not be led into precipitate action
either way. In fact, it seems to the NAB that at this moment no
action by individual stations is indicated at all.

Mail Clause in Contracts

With further reference to the problem of handling a client's mail
containing money, previously discussed here, we are advised by
station WCAU, Philadelphia, that it now incorporates in its con¬
tracts this clause:

“It is understood that if, under the terms of this Contract, any
offer is to be made in connection with any programs to be broad¬
cast hereunder, or if station shall in the future agree to broadcast
any offer during said programs, all mail addressed to the station
in response to said offer shall be handled by this station at the
advertiser’s sole risk, and station in no wise shall be responsible
for any losses, no matter how they should occur.”

National Defense

Fourth of July

Radio is to play a prominent part in this year’s Fourth of July
celebration. Hundreds of independent stations and stations affili¬
ated with networks are to carry the 4:00 p.m.. Presidential address.
Up to press time (Wednesday, July 2) a number of stations had
completed arrangements for piping the address to large crowds at
sporting events and to theatres, hotels and clubs.

John Shepard, III, president of the Yankee Network, arranged
for the ceremony to be broadcast, not only at the ball park, but
at the Suffolk Downs race track, near Boston.

Frank P. Schreiber, WGN, has arranged for an impressive cere¬
mony at the Cubs’ Park, Chicago.

Bernard Gimbel, Jr., WIP, is to handle the affair at the baseball
game in Philadelphia.

Robert DeHaven, Production manager, WTCN, wrote that his
station would feed the President’s address to the Lexington Base¬
ball Park in St. Paul. The ball club will hold up the start of the
game so the crowd can hear the talk and recite the pledge of
allegiance in unison.

WTMV, East St. Louis, Ilk, is to broadcast the Fourth of July
celebration, according to William H. West, president. The station
will be fed by CBS.

In Washington, NBC is to feed the program to MUSAK, Locw’s
and other theatres.

It is anticipated that scores of other mass radio Fourth of July
celebrations will be reported as soon as they are completed but after
this edition of NAB REPORTS has gone to press.

Radio to Conserve Power

In a letter to utilities in seven southeastern states NAB this week
suggested the use of radio to stimulate the conservation of power
for national defense.

This is in line with the findings of several government depart¬
ments that a definite shortage exists in Alabama, Florida, Missis¬
sippi, North Carolina, South Carolina, Tennessee and Virginia; and
that the domestic load must be curtailed if the defense industries
are to have sufficient power.

According to Broadcasting, Georgia Power Company, which
serves approximately 7S% of the State of Georgia, has already
begun such a campaign over eighteen Georgia stations.

Another letter went to all stations in the seven states urging
them to contact these utilities. Names of officials to whom letters
were sent were included in the mailing.

Radio Locates Manpower

How efficiently radio continues, month after month to secure
skilled workers for national defense is indicated in the June “Bul¬
letin” of the United States Civil Service Commission. Under the
caption of “Radio Flashes Recruiting Needs to the Nation” the
article reads:

“By the space-devouring medium of radio, thousands of persons
have heard of the civilian recruiting work of the U. S. Civil Service
Commission under the national defense program who might other¬
wise never have had it brought to their attention.

“The radio is one of the outstanding recruiting aids contributing
to the speed with which the Commission has been able to locate
and examine, and furnish to War and Navy Department appointing
officers since June 1, 1940, more than 400,000 qualified workers of
skilled trades and technical fields.

“Through the cooperation of the National Association of Broad¬
casters, the Commission has been enabled to have civil-service
recruiting messages broadcast frequently over more than 800 dif¬
ferent radio stations in all parts of the nation. About 50 million
radios are on the receiving end to hear these messages.

“The w’ording of each “M.4NPOWER ANNOUNCEMENT,” as
the message is called, is based on the actual needs for personnel as
reported to the Civil Service Commission each week by War and
Navy Department appointing officers in military and naval con¬
struction and industri^ establishments throughout America.”

Richard E. Seneder, Llnited States Civil Service Commission,
said that this bulletin was mailed to 12,000 Legion Posts and an
equal number of Ladies Auxiliary Secretaries.

Radio Men in Service

Philip Bernheim, operator-announcer, KVOS, Bellingham, Wash¬
ington, to the Army.

Stations Support Registration

Second Selective Service Registration was expedited in San Fran¬
cisco by KSFO. Special Events Director Robert W. Dumm ar¬
ranged an 8:45 p. m. program which recited all registration loca¬
tions in the Bay Area. Among other stations reporting “extra”
promotions were: WWL, New Orleans; KGHL, Billings; KCKN,
Kansas City, Kansas; WCOL, Columbus, Ohio; and WJBK, De¬
troit.

Radio Delivers for Army

Seven hundred thirty-four (734) stations are actively backing
the recruiting of Army flyers. Five cooperating stations unre¬
ported in the releases of June 9 and June 30 are:

KFDM, Beaumont,

WA,4B, Boston,

WNAC, Boston,

WLEU, Erie,

KFSD, San Diego.

How productive broadcast stations are in giving this help to
national defense is indicated by one of the hundred-w'ord spot
announcements, prepared by the .Army, and, included with the
June 30 mailing to stations. The second sentence of this spot reads:

‘‘LAST WEEK MORE MEN AVAILED THEMSELVES OF
THE ARMY AIR CORPS AVIATION TRAINING THAN EVER
BEFORE IN THE HISTORY OF AVIATION."

Labor

Wage-Hour Act

The United States Circuit Court of .Appeals at New Orleans
on June 27 upheld a district court ruling that the A. H. Belo

July 3, 1941 —583

Corporation was within its Wage and Hour Law rights in estab¬
lishing what amounted to a “guaranteed overtime” plan at its
newspaper and radio station (WFAA) in Dallas, Texas. The
Wage and Hour Division undoubtedly will appeal to the Supreme
Court next fail. Meantime, the court’s opinion is “the law” only
in the territory covered by the court.

To illustrate how the plan approved by the court works, a sec¬
tion of the company’s brief is quoted:

So the problem is how to provide uniform weekly compensation
as to employees who neceessarily work fluctuating hours in many
weeks and overtime hours in at least some weeks.

Surely the public interest is in favor of permitting wage ar¬
rangements that will produce a uniform compensation. Surely
the Wage and Hour Act was never intended to outlaw such wage
arrangements. Surely it was never any part of the purpose of
Congress to stand in the way of such wage arrangements. Surely
it would not do violence to any objective of the Act to permit
such wage arrangements.

Yet the Act, as it is now interpreted by appellant, does stand in
the way of such arrangements.

Suppose an employee who works fluctuating hours, say 40 hours
in one week and SO hours in the next week, has been receiving a
level wage each week of ,$40.00. Suppose, when the Act comes
into effect, both the employer and employee wish to continue the
employment and the employee wishes his weekly wage to be uni¬
form in amount, $40.00, as before. So the employer and employee
sit down at the table together to make a contract that will assure
such uniform wage and will fully comport with the law.

The first thing they must do is to agree upon a regular hourly
wage because for all hours worked over 40 in any week payment
must be made on the basis of at least one and one-half times the
regular hourly wage.

They cannot fix the regular hourly rate at $1.00 because,
although this would work out as desired in the 40-hour week, it
would produce a total of $55.00 in the SO-hour week, and $55.00
is more than the employer can afford to pay and more than the
employer expects to pay and more than the employee expects to
receive.

They cannot agree upon 7i4 per hour because, although this
would work out as desired in the 50-hour week, it will produce
only $29.20 in the 40-hour week, which is less than it is agreed
that the employee shall have.

They cannot split the difference at 87^ because this will produce
$34.80, less than desired, in the short week, and $47.80, more than
desired, in the long week, and violates the underlying desire for
uniformity.

So they do what seems the natural and reasonable thing to do;
they agree upon 7i(j: per hour as the regular rate of pay and agree
that overtime shall be paid on the basis of at least one and one-
half times such regular rate, and agree that in short weeks, when
the overtime compensation on the basis of one and one-half times
73(j; is insufficient to produce the uniform weekly amount of $40.00,
the employer will pay an added amount for overtime in such
weeks sufficient to bring the total up to the uniform weekly
amount.

Thus, in the 50-hour week, the overtime compensation at the rate
of one and one-half times the regular rate of pay is sufficient to
produce the agreed minimum of $40.00. In the 40-hour week an
added amount of $10.80 is due, and is paid, in order to bring the
compensation up to the minimum guaranteed sum. In a 45-hour
week some overtime has been earned, but not enough to bring
the compensation up to $40.00, and the added amount in that
week will be $5.28, which is payment for the overtime at more
than one and one-half times the regular rate of pay. If the em¬
ployee should work 60 hours in a particular week the minimum
guaranteed amount of $40.00 would not be sufficient to cover
what is due him. He would be entitled to $51.30 on the basis of
734 for regular time and one and one-half times such rate for over¬
time. The added $11.30 must of course be paid him. In such
week of long hours he will receive more than the minimum guar¬
anteed amount. To that extent his wage is not uniform each week.
But the benefit of the uniform weekly wage and the advantage
of budgeting expenses on the basis of a uniform weekly amount
are not lost because the $40.00 per week remains a guaranteed
minimum which he can always count on.

So the employer and employee reduce their agreement to writing
and give it ail the dignity they know how to give it as their
genuine contract. The arrangement seems workable and proper,
and it never occurs to them but what it is entirely legal.

Surely they have a right to contract as to rates of pay so long

584 — July 3, 1941

as they do not violate some provision of law. The hourly rate
of pay specified in their contract is far above the legal minimum
of 304 per hour for regular time. The contract provides for pay¬
ment of at least time and one-half the agreed regular rate of pay
for all overtime hours, which also is at least equal to the legal
minimum for overtime. True, in some weeks the contract calls
for payment of overtime at more than time and one-half, but
the law does not say that you cannot pay more than the legal
minimums. How better to determine the true regular rate of
pay than by actual process of bargaining between employer and
employee ? The very process of such bargaining is a crucible which
distills out fraud, shifts and devices to get around the law. Surely
there is no public policy which says that an employee must neces¬
sarily receive fluctuating weekly wages when his desire is for a
uniform weekly wage. Surely there is no public policy which
says that 734 an hour is too low for regular rate of pay. Surely
there is no public policy which says that more than one and one-
half times such regular wage is too high for overtime pay. Indeed,
on every score it would seem that the public policy involved is in
favor of what the employer and employee have done.

WKRC Strike

Four of 17 artists at Station WKRC, Cincinnati, walked out
Friday, June 20, after negotiations between AFRA and the station
management failed to produce an agreement. The station has been
picketed since the strike started, and AFRA has threatened to
strike all agency-produced commercials which MBS feeds to the
station on July 9. An independent union of WKRC has petitioned
the Labor Relations Board for certification as representative of a
majority of the employees in the program department.

“Your Career in Radio”
by

Norman V. Carlisle and Conrad C. Rice

The primary purpose of this new book, written by two men
long experienced in every phase of radio, is to answer the question,
“How can I get into radio?” This is accomplished by taking three
boys from Central High School through a large broadcasting
station. They talk to announcers of all kinds, script writers, sales¬
men, engineers, technicians, and, in short, nearly everyone in the
station. From these men they learn of the duties involved in each
job and the approximate salary paid to each.

This book not only will help any young man or woman interested
in breaking into radio, but also will serve as a guide to those seek¬
ing information about radio. (E. P. Dutton & Co., New York,
$2.00)

FEDERAL COMMUNICATIONS
COMMISSION

Monopoly Hearing

FCC chairman, James Lawrence Fly, said at a press conference
early this week that he doubted very much if he would go back
to the Capitol to testify further in connection with the White radio
resolution. He said he felt as though he was about finished there.
He said he has had no instructions from the committee to return
for further testimony.

During the summer months Mr. Fly said that the commission
will meet frequently if not regularly. He called attention to the
fact that last summer the commission functioned under an Adminis¬
trative order delegating authority in the absence of a quorum.

Mr. Fly said that the Commission cooperated with the FBI in
connection with the recent spy clean up. The experts of the Com¬
mission worked with FBI on the illegal radio station which the
spies were reported to have operated.

Procedure for Newspaper Hearings

Hearings under Order No. 79, which are to commence July 23,
1941, will be conducted in accordance with Section 1.192 of the
Rules and Regulations, Part I, Rules of Practice and Procedure,
providing for informal hearings upon the Commission’s own motion.
The purpose of the hearings under Order No. 79 is to obtain in¬
formation necessary and helpful to the Commission in the determi¬
nation of its policies, the carrying out of its duties, and if need be,
the formulation of rules and regulations or recommendations to
Congress.

For purposes of the Inquiry under Order No. 79, the Commission
hereby establishes the following procedure, subject to such amend¬
ment from time to time as shall be determined to be advisable.

I. Appearances for the purpose of introducing evidence

Persons desiring to be heard by the Commission with reference
to the investigation conducted under Order No. 79 shall file with
the Secretary of the Commission petitions or letters setting forth
the position and interest of the petitioner in the proceedings, the
evidence or information which the petitioner desires to present or
adduce, the pertinency and relevance of such evidence or testimony
to the matters designated by the Commission in supplemental Order
No. 79-A, the names of, and other important facts pertaining to,
the witnesses which the petitioner desires to call, and the volume
and character of the documentary evidence which the petitioner
desires to present.

Such written request shall be filed not later than the fifth day
before the day on which hearings are scheduled to begin.

Such petitions or letters also should show that the proposed ap¬
pearance will bring before the Commission evidence and testimony
of a character which will inform and enlighten the Commission with
regard to the considerations of public interest involved in the in¬
vestigation ordered under Order No. 79 and the specific matters set
forth in supplemental Order No. 79-A. In the interests of an ex¬
peditious hearing and of a complete survey of the matters under
investigation, the Commission will be disposed to avoid if possible
the introduction of purely cumulative or repetitious evidence or
testimony.

II. Other Appearances

Since the sole purpose of these hearings is to obtain evidence
and information, there will be no need for appearances or repre¬
sentation at the hearings other than for the purpose of presenting
evidence, facts, or legal considerations to the Commission. The
Commission, therefore, will not permit appearances for other than
the above-described purposes.

III. Calling of Witnesses by the Commission

The Commission will call witnesses in its discretion to present
various sides of the problem. It will also introduce exhibits and
documentary evidence and invite others to introduce such evidence
as occasion requires.

IV. Appearances after Hearings have begun

Persons who have not submitted written requests to appear in
the proceedings or who have not been granted permission so to
appear may, if they feel that any testimony taken during the pro¬
ceedings has been injurious to their reputation or character or
affects matters of which they have immediate knowledge and con¬
cerning which they have additional or contradictory evidence of
value to the Commission, file with the Commission in writing a
petition or letter stating fully the matters which affect them per¬
sonally or matters of which they have personal knowledge or ad¬
ditional information which they believe the Commission should
have, and requesting opportunity to be heard concerning those
matters or to call additional witnesses concerning them. Such re¬
quests shall set forth the same matters and be subject to the same
considerations as those described in section I hereof. The Com¬
mission shall make such disposition of such petitions or letters as
shall in its judgment best serve the purposes of the hearing and
equitable treatment of such petitioners.

V. Order of the Hearings

The Commission will exercise full discretion with regard to the
order of witnesses and the order in which testimony and exhibits
shall be presented.

Order No. 79-A

Whereas, the Commission by Order No. 79 (March 20, 1941)
directed that an investigation be undertaken “to determine what
statement of policy or rules, if any, should be issued concerning
applications for high frequency broadcast stations (FM) with
which are associated persons also associated with the publication of
one or more newspapers and that public hearings with respect
thereto be held at such times and such places as the Commission
may direct, and that such investigation and public hearings shall
also include consideration of statements of policy or rules, if any.
which should be issued concerning future acquisition of standard
broadcast stations by newspapers”;

Now, Therefore, It Is Ordered, That, pursuant to the aforesaid
order, testimony and other evidence be taken with reference to the
following matters, in addition to such other matters as the Com¬
mission may from time to time direct:

1. To what extent broadcast stations are at present associated
with persons also associated with publication of one or more
newspapers, the classification (in terms of power, location,
network affiliation, etc.) of broadcast stations so associated,
the circumstances surrounding such association, and the ten¬
dency toward such association in the future.

2. Whether joint association of newspapers and broadcast sta¬
tions tends or may tend to prejudice the free and fair pres¬
entation of public issues and information over the air, or to
cause editorial bias or distortion, or to inject editorial policy
or attitude into the public service rendered by broadcast
stations as a medium of public communication.

3. Whether joint association of newspapers and broadcast sta¬
tions tends or may tend to restrict or distort the broadcasting
of news, or to limit the sources of news to the public, or to
affect adversely the relation between news-gathering services
and broadcast stations.

4. Whether the joint association of newspapers and broadcast
stations has or may have any effect upon freedom of access to
the radio forum, for the discussion of public issues.

5. Whether the joint association of newspapers and broadcast
stations tends or may tend to lessen or increase competition
among broadcast stations or to result in the monopolization
of local broadcast facilities.

6. Whether the joint association of newspapers and broadcast
stations tends or may tend to increase or decrease concentra¬
tion of control over broadcast facilities or the use thereof.

7. Whether the joint association of newspapers and broadcast
stations constitutes or may constitute an undue concentration
of control over the principal media for public communica¬
tion.

8. Whether joint association of newspapers and broadcast
stations tends or may tend to result in the utilization of im¬
proved facilities and skilled, experienced personnel for the
procuring and dissemination of information and opinion by
broadcast stations.

9. Whether joint association of newspapers and broadcast sta¬
tions tends or may tend to insure greater economic stability
for broadcast stations and to encourage the maximum tech¬
nological development of radio.

10. What considerations influence newspaper interests to acquire
broadcast stations.

FEDERAL COMMUNICATIONS COMMISSION,

T. J. Slowie,
Secretary.

Subscriber Broadcast Service without Advertising
Proposed

A new type of subscriber broadcast service is proposed by the
Muzak Corporation, New York City, is connection with a con¬
struction permit for a developmental FM broadcast station author¬
ized by the FCC on an experimental basis only. This corporation,
which is now in the business of furnishing wired musical programs
without advertising to hotels, restaurants and home subscribers

July 3, 1941 — 585

on a contract basis, contemplates experimenting with a like service
by means of radio.

.According to the applicant:

‘■The purpose of the experiment is to determine whether the
public or a sufficiently large portion of the public would prefer
to obtain radio programs by direct payment for the service. The
experiment will be conducted by offering a service to the general
public in Xew York City and furnishing this service to those of
the general public who pay for the service. There will be no
advertisins in connection with the service and the success or
failure of the experiment will depend upon the willingness of the
public to pay an amount which will warrant the furnishing of such
a service as an established business.”

The applicant intends to restrict the reception of its non-adv’er-
tising programs to subscribers by transmitting an accompanying
“pig squeal" or discordant sound which can only be eliminated by
special receivers leased from the applicant.

Pointing out that this will enable persons to obtain selected
radio programs by direct payment rather than by indirect pay¬
ment through purchasing products advertised on the air. the Aluzak
Corporation holds in connection with its application that “there
is no basic or inherent reason why the .American public should be
compelled to pay for its radio programs by submitting to advertis¬
ing announcements.” It adds:

“There is no reason why the public should pay directly for
moving pictures and indirectly for radio. It is merely a matter
of circumstance that radio in the United States is available to
the public only in connection with advertising announcements
which frequently are highly disturbing or irritating. The .Ameri¬
can people have never decided or been given the opportunity to
decide that radio should not be sold in the usual manner by direct
pa3'ment for the service.’’

The applicant will broadcast no commercially sponsored pro¬
grams. and no advertising continuity whatever will be used. Be¬
cause of its regular business, tbe applicant states that it bas a
great volume of transcribed program material available for use
in connection with the experiment, and that engineers from Asso¬
ciated Music Publishers. Inc., and Wired Radio. Inc., have been
added to its staff. Xews will be obtained from the United Press.

The Muzak transmitter for this purpose will be located at 11
West 42nd Street. Xew York. It will use power of 1000 watts.
It will operate on tbe frequency 117.650 kilocycles “on an experi¬
mental basis onlv'. and upon the express condition that this authori¬
zation is subject to change or cancellation by the Commission
at any time, without advance notice or hearing, if. in the Com¬
mission's discretion, the need for such action arises.” In authoriz¬
ing the experiment, the Commission observes that the use of this
frequency must be temporary, since it is in a crowded part of the
spectrum devoted to other established services. .Anv' action look¬
ing to establishment of the projected new type of service upon a
regular basis would require consideration of the problem of finding
frequencies for allocation to such service. Therefore, the immedi¬
ate grant “is not to be construed as a finding by the Commission
that the operation of the proposed station upon the frequency
authorized is or will be in the public interest beyond the express
terms of the grant.” The Commission stipulates that FM must
be used.

The Commission stresses that the Muzak operation will be purely
experimental in connection with ‘‘the development of a subscriber
broadcast service in accordance with Sections 4.151 and 4.153 sub¬
ject to the condition that no interference is caused to any estab¬
lished services.”

The proposal, according to a Commission memorandum opinion
issued in conjunction with the grant, ‘‘is unique in the annals of
radio broadcasting in this countrx'.” Such an experiment has not
been conducted in this country, and the Commission believes it
worthy of investigation in the public interest. It comments:

“.A broadcast station is defined, both by treaty and statute, as
one licensed for the tranmission bt' radiotelephone emissions pri¬
marily intended to be received by the general public. The first
such stations licensed in this country were sought and obtained by
individuals or organizations engaged in manufacturing or similar
enterprises who desired either to advertise their own product or

586 — July 3, 1941

to promote public good will in their own behalf. Licensees, in
order to meet the increasing cost of providing broadcast programs,
gradually entered into the practice of transmitting, for a fee,
advertising matter for other persons. As the effectiveness of radio
as an advertising medium developed broadcasting became a busi¬
ness in its own right. Thus arose the practice in this country of
public support of broadcast service, not through any direct charge,
but through the purchase of articles and services advertised b>’
radio. This is not true in all countries of the world.

“The service which this applicant proposes will be available to
the general public ; an}' member of the public, without discrimina¬
tion. max' lease the equipment to receive the service. The dis¬
tinguishing feature will be that those receiving the programs will
pay direct!}' rather than indirectly therefor. Operation of a sta¬
tion in this manner is within the definition of broadcasting.

“. . . -A charge to the subscriber for the program service is

an integral and inseparable part of the experiment. The rule pro¬
hibiting a direct or indirect charge by the licensee of a develop¬
mental broadcast station for the transmission of programs was
promulgated in the light of the e.xisting practices of broadcast
stations. Under the circumstances here presented, xve are of the
opinion that the rule should be construed in such a manner as to
permit the proposed operation.”

Defense Communications Board

-Appointment of a subcommitee of the Defense Communications
Board to collaborate with a similar subcommittee of the Office of
Civilian Defense xvas announced today by James Lawrence Fly,
chairman of the Defense Communications Board and of the Fed¬
eral Communications Commission. The action followed a con¬
ference between Chairman Fly and Mayor Fiorello LaGuardia of
Xew York, director of the Office of Civilian Defense.

Members of the DCB subcommittee named were Captain Donald
S. Leonard of the Michigan State Police, representing the Inter¬
national -Association of Chiefs of Police; Herbert -A. Friede of the
District of Columbia Fire Department, representing the Interna¬
tional -Association of Fire Chiefs; Major Francis H. Lanahan, Jr.,
of the War Department; and Commander E. M. Webster, .Assistant
Chief Engineer of the Federal Communications Commission.

Effective use during war or other emergency of police radio sys¬
tems, several thousand of xvhich are now in operation, is one of the
topics to be considered jointly by the DCB and OCD subcommit¬
tees, it was announced.

Thompson’s Term Expires

The term of Commissioner Frederick 1. Thompson expired June
30 at midnight. He had not been reappointed at the time this
was written nor had anyone been nominated by tbe President to
fill the vacancy on the Commission. Commissioner Thompson took
the oath of office on -April 13, 1939 to fill the vacancy caused by
the resignation of Commissioner Eugene O. Sykes.

FCC Order No. 82 Amended

The FCC has announced the following amended order:

-At a general session of the Federal Communications Commission
held in its office in Washington, D. C., on the 24th day of June,
1941 ;

The Commission having under consideration a request of the
Secretary of War for the suspension of certain rules of the Com¬
mission in order to facilitate the broadcasting of programs affect¬
ing the military and naval establishments of the United States ;
and

IT -APPE.ARIXG, That public interest, convenience and necessity-
will be served by the suspension of said rules of the Commission as
herein ordered :

IT IS ORDERED, That, until further order of the Commission:

(1) Section 3.408 (d) of the Rules Governing Standard and
High Frequency Broadcast Stations BE, .AXD THE
S.AAIE IS HEREBY, SUSPEXDED only in so far as it
requires the prior written authority of the Commission
for the rebroadcasting of programs originated for that
express purpose by United States Government radio
stations ;

(2) Section 4.21 of the Rules Governing Broadcast Services
Other Than Standard Broadcast BE, .\ND THE S.^ME
IS HEREBY. SUSPENDED only in so far as it pre¬
cludes by definition the use of a relay broadcast station
where wire facilities are available for the transmission of
programs from points under the jurisdiction of the mili-
tar>- or naval establishments of the United States, where
the broadcasting of such program has been requested by
the appropriate establishment.

This order shall become effective immediately.

FCC July Assignments

FCC has announced that the work, business, and functions of
the Commission for the month of July have been assigned as
follows;

Commissioner Case — Designated to determine, order, report, or
otherwise act upon all applications or requests for special tem¬
porary- standard broadcast authorizations.

Commissioner Wakefield — Designated to hear and determine,
order, certify, report or otherwise act upon; (a) except as other¬
wise ordered by the Commission, all motions, petitions or matters
in cases designated for formal hearings, including all motions for
further hearing, excepting motions and petitions requesting final
disposition of a case on its merits, those having the nature of an
appeal to the Commission and those requesting change or modifica¬
tion of a final order made by the Commission; provided, however,
that such matters shall be handled in accordance with the pro¬
visions of Sections 1.251 and 1.256, inclusive, of the Commission’s
Rules of Practice and Procedure; (b) the designation pursuant
to the provisions of Sections 1.231 to 1.232 of the Commission’s
Rules of Practice and Procedure of officers, other than Commis¬
sioners, to preside at hearings.

FEDERAL COMMUNtCATJONS
COMMISSION DOCKET

Following broadcast hearing is scheduled to be held before
the Commission during the week beginning Monday. July 7. It is
subject to change.

Monday, July 7

KWTO — Ozarks Broadcasting Company, Springfield, Mo. — C. P.,
560 kc., 1 KW night; 5 KW day. unlimited. D.A-night.

FUTURE HEARINGS

Following hearings for future dates have been announced during
the past week in broadcast cases. They are subject to change.

August 7

Columbia Broadcasting System. Inc., Charlotte, N. C. — C. P..
1110 kc., 50 KW. unlimited. D.\-night. Present assignment;
1110 kc., 50 KW, unlimited.

KFAB — KF.\B Broadcasting Co.. Lincoln, Nebr. — C. P., 1110 kc.,
50 KW, unlimited. D.-^ -night. Present assignment: <80 kc..
10 KW, simul. D.; S-WBBM-N; S. Svnchronized with
WBBM-N— Exp.

VV’BBM — Columbia Broadcasting System, Inc.. Chicago. Ill. —
Modification of license, TTO kc., 50 KW, unlimited. Present
assignment: <80 kc.. 50 KW. simul. D.; S-KF.\B-N; S. A.
Synchronized with KF.\B-N — Exp.

WJ.\G — The Norfolk Daily News, Norfolk. Nebr. — C. P.. 770 kc..
1 KW. daytime. Present assignment: 1090 kc., 1 KW.
limited to WB.\L and WTIC.

August 11
Broadcast

Consolidated Hearing

NEW — Nashville Radio Corporation, Nashville. Tenn. — C. P..
1410 kc., 1 KW. unlimited, DA-day and night.

NEW— A. M. Burton, Nashville, Tenn.— C. P., 1410 kc.. 1 KW,
unlimited. D.A.-day and night.

August 20

Broadcast

Consolidated Hearing

W.\RM — Union Broadcasting Company. Scranton. Pa. — License to
cover C. P., has C. P. for 1400 kc., 250 watts, unlimited.
NEW — Anthracite Broadcasting Companv. Inc., Scranton. Pa. —
C. P.. 1400 kc., 250 watts, unlimited.

NEW — George Grant Brooks, Jr.. Scrantcn. Pa. — C. P.. 1400 kc.,
250 watts, unlimited.

September 4

WPRP — Julio M. Conesa, Ponce, Puerto Rico. — C. P., 1480 kc.,
1 KW night, 5 KW day, unlimited. Present assignment:
1420 kc.. 250 watts, unlimited.

WPRP — Julio M. Conesa. Ponce. Puerto Rico. — Modification of
C. P., 1520 kc.. 1 KW night. 5 KW day, unlimited. Present
assignment: C. P. for 1480 kc., 1 KW night. 5 KW day.
unlimited.

WPRP — Julio M. Conesa. Pence. Puerto Rico. — Renewal of li¬
cense, 1420 kc., 250 watts, unlimited.

September 8

NEW — Herald Publishing Cemoanv. Klamath Falls. Ore. — C. P..
1400 kc., 250 watts, unlimited.

NEW — Dorman Schaeffer. Klamath Falls, Ore. — C. P.. 1400 kc.,
250 watts, unlimited.

September 11

KFXM — J. C. Lee and E. W. Lee (Lee Bros. Broadcasting Co.).
San Bernardino, Calif. — C. P.. 1420 kc., 1 KW, unlimited.
Present assignment: 1240 kc., 250 watts. S-KPPC.

October 1

Broadcast

Consolidated Hearing

NEW — R. B. Terry, D. .\. Rawley. C. M. Waynick and H.

Cecil, d b as High Point Broadcasting Co.. High Point.
N. C. — C. P., 1370 kc., 100 watts, unlimited.

NEW — Ralph L. Lewis. Greensboro, N. C. — C. P., 1370 kc.. 100
watts, unlimited.

FEDERAL COMMUNICATIONS |
COMMISSION ACTION j

APPLICATIONS GRANTED

New Station

San Diego Unified School District, San Diego, Calif. — Granted
construction permit for new non-commercial educational
broadcast station to operate on 42300 kc., 1 KW power,
unlimited time, special emission for frequenev modulation
(B5-PED-20).

Miscellaneous

WCOP — Massachusetts Broadcasting Cerp., Boston. Mass. —
Granted modification of construction permit (Bl-P-2710),
for approval of directional antenna for night use and trans¬
mitter site at 300 feet northeast of present site. Speedway,
west of Soldiers Field, Boston, Mass. This grant is made
subject to any future action Commission may take regard¬
ing the problem of multiple ownership (Bl-MP-1176) .

KG-A.— Louis Wasmer, Spokane, Wash. — Granted construction per¬
mit to move transmitter to 4102 S. Regal St., Spokane,
Wash. (3 m.iles southeast of center of Spokane) ; move studio
to Radio Central Bldg., Spokane ; increase power from 5 to
10 KW night and day ; install new transmitter and direc-

July 3, 1941 — 587

tional antenna for night use; 1510 kc. This grant is made
subject to any future action Commission may take regarding
the problem of multiple ownership (Bl-MP-1176) .

VVOWO — Westinghouse Radio Stations, Inc., Fort Wayne, Ind. —
Granted special temporary authority to operate on an un¬
limited time basis for a period not to exceed 30 days;
11.00 ko., 10 KW, simultaneous D. S-WWVA-N (B4-S-492 ) .

WWVA — W. Va. Broadcasting Corp., Wheeling, W. Va. — Granted
special temporary authority to operate on an unlimited time
basis for a period not to exceed 30 days; 1170 kt'.. S KW,
simultaneous D. S-WOWO-N (B2-S-379).

WAKR — Summit Radio Corp., Akron, Ohio. — Granted construc¬
tion permit to increase pow'er from 1 KW night and day
to 5 KW night and day; install new transmitter and install
new' directional antenna for nighttime use only ; 1500 kc.,
unlimited time (B2-P-3038).

WALB — Herald Publishing Co., Albany, Ga. — Granted application
for construction permit to change alignment of directional
antenna from 3S1.5 degrees true to 6 degrees true and
extend commencement date to 1 day after grant and com¬
pletion date to 2 days thereafter (B3-MP-1327) .

WEAU — Central Broadcasting Co., Eau Claire, Wise. — Granted
construction permit to change frequency from 1070 kc. to
700 kc.. move transmitter site to 3 miles northeast of center
of Eau Claire, install directional antenna for night use, and
increase hours of operation to unlimited; 1 KW night, S
KW LS; L-KFBI (B4-P-3047).

WFTL — Radio Station WFTL, Tom M, Bryan (assignor), Ralph
A. Horton (assignee). Fort Lauderdale, Fla. — Granted con¬
sent to the assignment of the license of Station WFTL, Fort
Lauderdale, Fda., from Tom M. Bryan to Ralph A. Horton;
granted petition to withdraw said application from the
pending file inasmuch as assignee, Ralph A. Horton, has,
according to the petition, divested himself of all newspaper
association.

WMBI — Moody Bible Institute of Chicago, Chicago, Ill. — Adopted
order granting petition for reconsideration and grant with¬
out hearing application for modification of license upon
express condition that WMBI operate with frequency 1110
kc., with S KW power, limited time (to stations WBT and
KF'AB) upon completion of construction as authorized in
Docket No. 5866, to WCBD, Inc. (WCBD), and the effec¬
tive date of the modified license authorized hereunder to
Station WMBI shall be the same date upon which WCBD
is licensed to operate on 820 kc.

WIOD — Isle of Dreams Broadcasting Corp., Miami, Fla. — Adopted
order granting motion to withdraw petition for rehearing
filed by Isle of Dreams Broadcasting Corp. (WIOD) directed
against action of the Commission granting without hearing
the application of Inter-City Advertising Co., Charlotte,
N. C., for construction permit to operate on 610 kc., 1 KW,
unlimited, directional antenna; thus dismissing said petition.

W3XE — Philco Radio and Television Corp., Philadelphia. — Present
license for television station further extended upon a tem¬
porary basis only, for period ending August 1, 1941, pending
determination upon application for renewal (B2-SVB-8).

W3XP — Philco Radio and Television Corp., Portable-Mobile, Area
of Philadelphia. — Present license for television station further
extended upon a temporary basis only, for period ending
.'August 1, 1941, pending determination upon application for
renewal (B2-SVB-19).

W2XVP — City of New York Municipal Broadcasting System,
New York City. — Present high frequency broadcast sta¬
tion license further extended upon a temporary basis for the
period ending August 1, 1941, pending determination upon
application for renewal of license (Bl-SHB-71).

W9XLA — KLZ Broadcasting Co., Denver, Colo. — Present high fre¬
quency broadcast station license further extended upon a
temporary basis for the period ending August 1, 1941, pend¬
ing determination upon application for renewal of license
(BS-SHB-48).

W4XA — The National Life and Accident Co., Inc., Nashville, Tenn.
— Present high frequency broadcast station license further
extended upon a temporary basis for the period ending
August 1, 1941, pending determination upon application for
renewal of license (B3-SHB-51).

WSXALT — WKY Radiophone Co., Oklahoma City, Okla. — Present
high frequency broadcast station license further extended
upon a temporary basis for the period ending August 1,
1941, pending determination upon application for renewal
of license (B3-SHB-21).

588 — July 3, 1941

Columbia Broadcasting System, Inc., New York City. — Granted
construction permit for existing experimental television
broadcast station, authorizing commencement of program
tests beginning July 1, 1941, for a period of 30 days, on
Channel No. 2, 60000-66000 kc.; ESR 2400. Further pro¬
gram tests may be authorized pursuant to Sec. 2.43 (Bl-
PCT-2).

WLOL— Independent Merchants Broadcasting Co., Minnneapolis,
Minn. — Granted modification of license to change from
directional antenna day and night to directional antenna
night only; 1330 kc., 1 KW night and day (B4-ML-1068) .

K,\RM — KARM, The George Harm Station, Fresno, Calif. —
Granted construction permit to change frequency from 1340
kc. to 1430 kc., increase power from 250 watts day and
night to 5 KW night and day, install directional antenna
for day and night use; move transmitter to corner of Allu¬
vial Ave. and North Van Ness Blvd., near Fresno, Calif.,
and install new equipment (B5-P-2468).

WIGM — George F. Meyer, Medford, Wise. — Granted modification
of construction permit to install new transmitter, make
changes in antenna, change frequency from 1500 kc. to
1400 kc., increase power from 100 watts unlimited to 250
watts unlimited, change transmitter and studio site to
Highway No. 13, and extend commencement and completion
dates to 60 days after grant and 180 days thereafter, re¬
spectively (B4-MP-1280) .

KQW— Pacific Agricultural Foundation, Ltd., San Jose, Calif.-
Ordered issuance of temporary license for 5 KW, unlimited
time, employing directional antenna, pending final determi¬
nation on application (BS-P-3021) for change in power
from 1 KW, 5 KW LS, to 50 KW, install new transmitter,
and change directional antenna; 740 kc.

WFBR — The Baltimore Radio Show, Inc., Baltimore, Md. —
Granted application to change directional antenna and in¬
crease power from 1 KW, 5 KW LS, to 5 KW, unlimited
time, with the agreement to protect WOOD-WASH, Grand
Rapids, Mich., to the 1.3 mv/m contour.

Muzak Corporation, New York, N. Y.— Granted construction per¬
mit for a new development (subscriber service) broadcast
station to operate on 117650 kc., 1000 watts, special emis¬
sion for frequency modulation, unlimited time (Bl-PEX-36).

W6XDU— Don Lee Broadcasting System (area of Los Angeles,
Calif.), Portable-Mobile. — Granted construction permit to
add a 50 watt aural transmitter to experimental visual relay
station, using special emission for frequency modulation
(B5-PVB-83).

DESIGNATED FOR HEARING

Hennessy Broadcasting Co., Butte, Mont. — Application for con¬
struction permit for new broadcast station to operate on
14!)0 kc., 250 watts, unlimited time; exact transmitter site
and ground system to be determined subject to Commission
approval (B5-P-3158).

Barclay Craighead, Butte, Mont.— Application for construction
permit for new broadcast station to operate on 1490 kc.,
250 watts night and day, unlimited time (B5-P-3103).

Southern California Broadcasting Co., Pasadena, Calif. — Applica¬
tion for construction permit for new broadcast station to
operate on 1430 kc., 1 KW day, daytime only (BS-P-3108).

Jefferson Broadcasting Corp., Birmingham, Ala. — Application for
construction permit for new broadcast station to operate
on 1340 kc., 250 watts night and day, unlimited time. (Re¬
quests facilities of WSGN when vacated) (B3-P-3162).

Wilkes-Barre Broadcasting Corp., Wilkes-Barre, Pa. — Application
for construction permit for new station to operate on 1240
kc., 250 watts night and day, unlimited time; (requests
facilities of WBAX) ; exact transmitter site and antenna
system to be determined subject to Commission’s approval
(T2-P-2915).

Frequency Broadcasting Corp., Borough of Brooklyn, N. Y. —
Application for construction permit for new station to oper¬
ate on 620 kc., 500 watts day; daytime only (Bl-P-2989).

WJPR — John R. Pepper, Greenville, Miss. — Application for con¬
struction permit to change frequency from 1340 kc. to
1600 kc., increase power from 250 watts to 1 KW night
and day and install new transmitter (B3-P-3099).

KGKO — KGKO Broadcasting Co., Fort Worth, Texas. — Application
for modification of license to maintain two main studios,
one at 10th and Burnett Sts., Fort Worth, Texas, and one at
Thomas Bldg., Dallas, Texas; station operates on 570 kc.,

1 KW night, 5 K\V day, directional antenna night, unlimited
time (B3-ML-106S) .

MISCELLANEOUS

W2XMN — Edwin H. Armstrong, Alpine, N. J. — Granted extension
of special temporary authority to operate a high frequency
experimental broadcast station on 117430 kt‘., 40 KW,
using special emission for frequency modulation with a
maximum band width not to exceed 200 kc. subject to the
condition that no interference is caused to other stations
on same or adjacent channels, for period July 11, 1941, to
not later than September 8, 1941, in order to conduct tests,
pending completion of new FM station No. 31NY. Also
granted extension of special temporary authority to operate
a high frequency experimental broadcast station on 42800
ko., 40 KW, special emission for frequency modulation, with
transmitter located at north of Alpine, N. J., described as
Composite, Type RCA, maximum rated carrier power
40,000 watts, for period June 30, 1941, to not later than
August 28, 1941, pending completion of new FM station
W31NY. Also granted special temporary authority to re¬
transmit the transmissions of experimental high frequency
broadcast stations W2XAG, W65N (WIXPW) and WlXOj
(W43B) for the period June 30 to not later than August
28, 1941, in order to continue rebroadcasting experiments.

WPRP — Julio M. Conesa, Ponce, P. R. — Granted special temporary
authority to rebroadcast on a sustaining basis the Raymond
Gram Swing programs to be received from International
Broadcast Station WRCA over Station WPRP for a period
not beyond 30 days.

WFMN — Upstate Broadcasting Corp., Saranac Lake, N. Y. —
Granted special temporary authority to operate Haliin-
crafters HT-6, Type 807 in final stage, as a relay broadcast
transmitter, with power of 25 watts on 2070 kf., in order
to broadcast the opening program of the new park and
animal farm in Saranac Lake on June 29, only.

W3XO — Jansky & Bailey. Washington, D. C. — Granted extension
of special temporary authority to operate a high frequency
experimental broadcast station on 43200 kc., 1000 watts,
special emission for FM, with transmitter located at 1219
Wisconsin Ave. N.W., Georgetown, D. C., for the period
June 29 to August 28, 1941.

WIBG — Seaboard Radio Broadcasting Corp., Glenside, Pa. —
Granted extension of special temporary authority to operate
from local sunrise, Glenside, Pa., to local sunset, Knoxville,
Tenn. (Radio Station WNOX), instead of daytime as stipu¬
lated in reallocation for the period June 27 to not later
than July 26, 1941, pending action on formal application
for such authority.

Van Curler Broadcasting Corp., Schenectady, N. Y. — Passed one
week petition to intervene in hearing on application of
WABY for modification of license.

KFEQ — KFE(J, Inc., St. Joseph, Mo. — Granted leave to amend
application for construction permit so as to specify U.\
for day and night; dismissed as to removal from hearing
docket.

Ralph L. Lewis, Greensboro, N. C. — Granted motion for con¬
tinuance of consolidated hearing now scheduled for July 7,
to October 1, in re application of Ralph L. Lewis, Greens¬
boro, N. C., and application of High Point Broadcasting
Co., High Point, N. C., for new stations to use 1370 ke.,
100 watts, unlimited time.

KOIL— Central States Broadcasting Co. — Granted modification of
construction permit (B4-P-2609, as modified, for installa¬
tion of directional antenna and increase in night power),
authorizing extension of completion date from June 29 to
August 29 (B4-MP-1344).

KGY — KGY, Inc., Olympia, Wash. — Granted modification of con¬
struction permit (BS-P-3071 to install vertical antenna and
change hours of operation) for authority to move trans¬
mitter, and extend commencement date to 30 days after
grant and completion date to 180 days thereafter (BS-MP-
1294).

W2XQR — John V. L. Hogan, Long Island City, N. Y. — Granted
extention of special temporary authority to operate a high
frequency experimental broadcast station on 487(H) kc., 1
KW power, special emission for FM, with transmitter lo¬
cated at 3104 Northern Blvd., Long Island City. This
authority is for the period July 1, to July 31, 1941.

WB AX— John L. Stenger, Jr., Wilkes-Barre, Pa.— Granted peti¬
tion for extension of effective date of Commission’s De¬

cision and Order from July 1 to September 1, 1941, on
application for renewal of license for station WBAX.

KTBC — State Capitol Broadcasting Association, Inc., Austin,
Texas. — Adopted order authorizing issuance of license for
station KTBC upon a regular basis for the period ending
June 1, 1942, in lieu of the temporary license under which
said station has been operated.

WCKY — L. B. Wilson, Inc., Cincinnati, Ohio. — Granted special
temporary authority to operate daytime with a non-dircc-
tional antenna until sunset at Sacramento, Cal., for a
period not to exceed 30 days.

WH.4. — State of Wisconsin, Madison, Wise. — Granted special tem¬
porary' authority to remain silent July 4, 1941, only, in
order to observe Independence Day.

WHKC — United Broadcasting Co., Columbus, Ohio. — Granted
special temporary authority to remain on the air from
regular sign-off time (10 p. m. EST), to the conclusion of
the Fritzie Zivic — A1 Davis fight on July 1, 1941, only, in
the event this bout should run later than 10 p. m.

WLBL — State of Wisconsin, Stevens Point, Wise. — Granted spe¬
cial temporary authority to remain silent July 4, 1941,
only, due to closing of Federal Market News Offices.

KNOE, Inc,, Monroe, La. — Granted motion for continuance for a
period of 60 days of hearing now scheduled for June 30
on application lor new station to operate on 1420 kc., 250
watts, unlimited time, and directed said hearing to be
continued to August 29, 1941.

KSAM — Sam Houston Broadcasting Association (H. G. Webster,
President), Huntsville, Texas. — Adopted order authorizing
issuance of license upon a regular basis for station KSAM
to H. G. Webster, C. N. Shaver and W. Bryan Shaver, co¬
partners, d/b as Sam Houston Broadcasting Association, for
the period ending December 1, 1941, in lieu of temporary
license under which station has been operated (Docket
5838).

WTRY — Troy Broadcasting Co., Inc., Troy, N. Y. — Adopted order
granting petition of WTRY for reconsideration and grant
of application for renewal of license ; cancelled hearing
heretofore scheduled, and granted renewal of license to
operate on 980 kc., 1 KW, unlimited time, DA.

WBT — Columbia Broadcasting System, Inc., Charlotte, N. C.;
KFAB — KF.\B Broadcasting Co., Lincoln, Neb.; WBBM —
Columbia Broadcasting System, Inc., Chicago, Ill.; WJAG —
The Norfolk Daily News, Norfolk, Neb. — Designated for
further hearing the following: application of WBT to install
DA for nighttime use (B3-P-1735) ; the application of
KFAB for construction permit to install new equipment,
D,\ for nighttime use, move transmitter site and increase
power and time of operation (B4-P-1736) ; application of
WBBM for modification of license to change hours of opera¬
tion to unlimited time (B4-ML-450), and application of
WJAG to change frequency, hours of operation and make
changes in antenna system (B4-P-2S90).

W2XWG — National Broadcasting Co., New York, N. Y. — Granted
extension of special temporary authority to operate W2XWG
on 451 00 kc., 1000 watts, A4 and special emission for fre¬
quency modulation at 350 Fifth Avenue, New York City,
for period June 29, 1941, to not later than August 28, 1941,
pending final authorization and completion of construction
of applicant’s new high frequency broadcast station.

WNEL — Juan Piza, San Juan, P. R. — Granted special temporary
authority to rebroadcast on a sustaining basis the Raymond
Gram Swing programs to be received from International
Broadcast Stations WNBI and WRCA over Station WNEL
on Tuesday, Wednesday, Thursday, and Saturday from 7
to 7:15 p. m. EST, for a period not to exceed 30 days.

W2XAG — Carman R, Runyon, Jr., Yonkers, N. Y. — Granted
extension of special temporary authority to operate a high
frequency experimental broadcast station on 117190 kc.,
5000 watts, special emission for frequency modulation, with
transmitter located at 544 North Broadway, Yonkers, N. Y.,
described as Composite, maximum rated carrier power 5000
watts for period June 30 to not later than .August 29, 1941.

WKY — WKY Radiophone Co., Oklahoma City, Okla. — Granted
special temporary authority to rebroadcast certain portions
of the dedication ceremonies of the Will Rogers Air Base,
originating in U. S. Army Airplane No. 37559, Type B-18-A,
operating on a frequency of 4495 kc., June 28, 1941, only.

KF.AR — Midnight Sun Broadcasting Co., Fairbanks, Alaska. —
Granted special temporary authority to rebroadcast four
15-minute short-wave programs in the nature of non-com¬
mercial, educational, nature descriptions, and interviews

July 3, 1941 — 5 8 9

of park service officials, to be received from Station KNJN
on June 25, 26, 27, and 28, 1941, only.

K.\XZ — United Air Lines Transport Corp., Washington. D. C. —
Granted special temporary authority to operate already
licensed aircraft radio transmitter KHAZT aboard plane
owned by United Air Lines Tran.sport Corp., as a relay
broadcast station on 2758 kc., to relay broadcast pro.sram
in connection with the dedication of the new Chicago
Municipal .\irport to Radio Station WENR and NBC Red
or Blue Network, between 2:30 and 3:30 p. m., EDST, on
lune 29, 1941, only.

WMRF — Lcwistown Broadcasting Co., Lewistown, Pa. — Granted
license to cover construction permit as modified for new
station; 1490 kf., 2S0 watts, unlimited time (B2-L-1437).
Granted authority to determine operating power by direct
measurement of antenna input (B2-Z-1102),

KSWO — Willard Carver S: Byrne Ross, Lawton. Okla. — Granted
license to cover construction permit as modified for new
station; 1150 kc., 250 watts, daytime (B3-L-1413). Granted
authority to determine operating power by direct measure¬
ment of antenna input (B3-Z-92S).

WNEW — Wodaam Corp., New York, N. Y. — Granted license to
rover construction permit as modified to install directional
antenna for day and night use, increase power to 5 KW
dav and night, and change frequency to 1280 kc. (Bl-L-
1407). Granted authority to determine operating power
by direct measurement of antenna input (Bl-Z-896).

WORL — Broadcasting Service Organization, Inc., Boston, Mass, —
Granted license for reinstatement of auxiliary license; 950
kc., 500 watts, auxiliary purposes only (Bl-L-1417).

W8XFM — The Cros'ey Corp., Cincinnati, Ohio. — Granted exten¬
sion of special temporary authority to operate a high fre¬
quency experimental broadcast station on 48"00 kc., 1000
watts, special emission for frequency modulation, with the
transmitter located at corner Vine and Fifth Streets, Cin¬
cinnati, Ohio, and described as Crosley, Type EDS-213-M,
maximum rated carrier power output 1000 watts, for the
pemd June 30 to not later than September 28, 1941.

KFPL — C. C. Baxter, Dublin, Texas. — Granted construction per¬
mit for authority to make changes in tubes in last radio
stage (B3-P-3196).

KSO — Iowa Broadcasting Co., Des Moines, Iowa. — Granted modi¬
fication of construction permit (B4-P-2727, which author¬
ized installation of new transmitter and new directional
antenna for night use, move transmitter, and increase
power) for changes in directional antenna for night use on
IJfiO kc. under NARBA (B4-MP-1307 ) .

WN.AC — The Yankee Network, Inc., Boston, Mass. — Granted
modification of construction permit (Bl-MP-322 as modi¬
fied, which authorized increase in power, changes in equip¬
ment and installation of directional antenna for dav and
night u.se) for changes in directional antenna on 1260 kc.
under NARBA (Bl-MP-1279) .

WGBB — Harry H. Carman, Freeport, N. Y. — Granted authority
to determine operating power by direct measurement of an¬
tenna input (Bl-Z-1048).

WCOS — Carolina Advertising Corp., Columbia, S. C. — Granted
authority to determine operating power by direct measure¬
ment of antenna input (B3-Z-942).

WOOD — King-Trendle Broadcasting Corp., Grand Rapids, Mich. —
Granted authority to determine operating power by direct
measurement of antenna input (B2-Z-1039).

WASH — King-Trendle Broadcasting Corp., Grand Rapids, Mich. —
Granted authorit\' to determine operating power by direct
measurement of antenna input (B2-Z-1040).

KWBG — Nation’s Center Broadcasting Co., Inc., Hutchinson, Kans,
— Granted authority to determine operating power by direct
measurement of antenna input (B4-Z-1116),

W.\PO — W. A. Patterson, Chattanooga, Tenn. — Granted authority
to determine operating power by direct measurement of an¬
tenna input (B3-Z-1071).

WBA.^ — Purdue University, West Lafayette, Ind. — Granted au¬
thority to determine operating power by direct measurement
of antenna input (B4-Z-1099).

WWSW — Walker & Downing Radio Corp., Pittsburgh, Pa. —
Granted authority to determine operating power by direct
measurement of antenna input (B2-Z-1081).

WWSW — Walker & Downing Radio Corp., Pittsburgh, Pa. —
Granted authority to determine operating power by direct
measurement of antenna input (B2-Z-1094).

WTAG — Worcester Telegram Publishing Co.. Inc., Worcester, Mass.

590 — July 3, 1941

— Granted authority to determine operating power by direct
measurement of antenna input (Bl-Z-994).

WRDW — .Augusta Broadcasting Co., Augusta, Ga. — Granted au¬
thority to determine operating power by direct measurement
of antenna power (B3-Z-1028).

WFI.VS — Courier-Journal and Louisville Times Co., Louisville, Ky.
— Granted authority to determine operating power by direct
measurement of antenna power (B2-Z-10S8).

W.ACO — Frontier Broadcasting Co., Inc., Waco, Texas. — Granted
authority to determine operating power by direct measure¬
ment of antenna power (B3-Z-1101).

WINS — Hearst Radio, Inc., New York City. — Granted authority
to determine operating power by direct measurement of
antenna pow'er (Bl-Z-933).

WNBF — W\'lie B. Jones Advertising .Agency, Binghamton, N. Y. —
Granted authority to determine operating power by direct
measurement of antenna input (Bl-Z-930).

KCKN — The KCKN Broadcasting Co., Kansas City, Kans. —
Granted authority to determine operating power by direct
measurement of antenna input (B4-Z-11-1130).

WDMJ — The Lake Superior Broadcasting Co., Marquette, Mich. —
Granted authority to determine operating power by direct
measurement of antenna input (B2-Z-1098).

KPLT — North Texas Broadcasting Co., Paris, Texas. — Granted
authority to determine operating power by direct measure¬
ment of antenna input (B3-Z-1049).

K\ WC — Northwestern Broadcasting Co., Vernon, Texas. — Granted
authority to determine operating power by direct measure¬
ment of antenna input (B3-Z-1082).

WJLS — Joe L. Smith, Jr., Beckley, W. Va. — Granted authority to
determine operating power by direct measurement of an¬
tenna input (B2-Z-1043).

WCOL — WCOL, Inc., Columbus, Ohio. — Granted authority to
determine operating pow'er by direct measurement of an¬
tenna input {B2-L-1010).

WDEL — WDEL, Inc., Wilmington, Del. — Granted authority to de¬
termine operating power by direct measurement of antenna
input (Bl-Z-936).

WIND — Johnson Kennedy Radio Corp., Gary, Ind. — Granted li¬
cense to cover construction permit (B4-P-1990), to increase
power to 5 KW day and night ; make changes in directional
antenna system and install new transmitter (B4-L-1421).
Also granted authority to determine operating power by
direct measurement of antenna input (B4-Z-969).

KBIX — Oklahoma Press Publishing Co., Muskogee, Okla. — Granted
license to cover construction permit (B3-P-3112), for new
transmitter, increase in power to 250 watts, and for fre¬
quency 1499 kc. under NARBA (B3-L-1436).

WTSP — Pinellas Broadcasting Co., St. Petersburg, Fla. — Granted
license to cover construction permit (B3-P-2933) as modi¬
fied, to install new transmitter, make changes in antenna,
change frequency from 1370 to 1380 kc., and increase power
from 250 watts to 500 watts night, 1 KW-LS (B3-L-1424).

WC.ALI — WC.ALT Broadcasting Co.. Philadelphia, Pa. — Granted li¬
cense to cover construction permit (B2-P-3106) for installa¬
tion of new auxiliary transmitter; 1210 kc., 1 KW, auxil¬
iary purposes only (B2-L-1432).

KMBC — Midland Broadcasting Co., Kansas City, Mo. — Granted
modification of auxiliary license to increase power from 1
KW, 2^2 KW-LS, to 2 yi KW day and night, using direc¬
tional antenna at night (B4-ML-io7l) .

KIJG — Eagle Broadcasting Co., Inc., area of Brownsville, Texas. — ■
Present license for relay broadcast station further extended
upon a temporary basis only, pending determination upon
application for renewal of license, for the period ending no
later than August 1, 1941 (B3-SRY-10).

KRBA — Red Lands Broadcasting Assn. — Lufkin, Texas. — Adopted
order authorizing issuance of license upon a regular basis
for Station KRB.A to Ben T. Wilson, R. A. Corbett and
Thomas W. Baker, co-partners, doing business as the Red
Lands Broadcasting Association, for the period ending
October 1, 1941, in lieu of temporary license under which
station has been operating (Docket No. 5837). Commis¬
sioner Payne dissented.

KGFI — Eagle Broadcasting Co., Inc., Brownsville, Texas. — Adopted
order authorizing issuance of license upon a temporary
basis for a period of 30 days from July 1, 1941, during
which time said licensee shall fully comply with the pro¬
visions of the Commission’s Order entered in the instant
matter on April 2, 1941 (Docket No. 5854). Commissioner
Payne dissented.

FM APPLICATION

APPLICATIONS FILED AT FCC

560 Kilocycles

WQAM — Miami Broadcasting Co., Miami, Fla. — Authority to
determine operating power by direct method.

640 Kilocycles

KFI — Earl C. Anthony, Inc., Los Angeles, Calif. — .Authority to
determine operating power by direct method (.Au.x.).

950 Kilocycles

WSP.4 — Spartanburg Advertising Co., Spartanburg, S. C. — License
to cover construction permit (B3-P-2901) as modified, to
install directional antenna for night use, change hours of
operation from daytime to unlimited time, increase power
from 1 KW to 1 KW night, S KW day, install new trans¬
mitter, and move transmitter.

WSPA — Spartanburg .Advertising Co., Spartanburg, S. C. — Author¬
ity to determine operating power by direct method.

WTEN — William Penn Broadcasting Co., Philadelphia, Pa. — Li¬
cense to cover construction permit (B2-P-2658) as modified,
to install new transmitter, increase power, and make changes
in directional antenna.

WPEN — William Penn Broadcasting Co., Philadephia, Pa. — .Au¬
thority to determine operating power by direct method.

1070 Kilocycles

WIBC — Indiana Broadcasting Corp., Indianapolis, Ind. — .Authority
to determine operating power by direct method.

WIBC — Indiana Broadcasting Corp., Indianapolis, Ind. — License
to cover construction permit (B4-P-2886) as modified, for
installation of new transmitter and directional antenna for
night use, to move transmitter, increase power, and change
hours.

1240 Kilocycles

NEW — Tennessee Radio Corp., Nashville, Tenn. — Construction
permit for a new broadcast station to be operated on 1240
kc., 250 watts, unlimited time, contingent on WSIX going
to a new frequency.

NEW — Central Broadcasting Co., Wilkes-Barre, Pa. — Construction
permit for a new broadcast station to be operated on 1240
ke., 250 watts, unlimited time, facilities of WBAX.

1290 Kilocycles

KOIL — Central States Broadcasting Co., Omaha, Nebr. — Modifica¬
tion of construction permit (B4-P-2609) as modified, to
install directional antenna for night use and increase night
power, requesting extension of completion date from 6-29-41
to 8-29-41.

1340 Kilocycles

KVIC — Radio Enterprises, Inc., Victoria, Texas. — Authority to
determine operating power by direct method.

1400 Kilocycles

KRKO — The Everett Broadcasting Co., Inc., Everett, Wash. —
License to cover construction permit (BS-AP-33) for a new
transmitter, vertical antenna, increase in power, move of
transmitter, and change in hours of operation.

KRKO — The Everett Broadcasting Co., Inc., Everett, Wash. —
Authority to determine operating power by direct method.

WBTH — Williamson Broadcasting Corp., Williamson, W, Va. —
.Authority to install automatic frequency control equipment.

1490 Kilocycles

KTBI — Tacoma Broadcasters, Inc., Tacoma, Wash. — Modification
of construction permit (B5-P-2082) for a new broadcast
station for change in type of transmitting equipment, ap¬
proval of antenna system, and approval of transmitter site,
requesting 1490 kc. and 250 watts power.

1520 Kilocycles

WKEW — Buffalo Broadcasting Corp., Buffalo, N. Y. — Modifica¬
tion of construction permit (Bl-P-2902) for new transmitter,
install directional antenna system, increase in power, and
move of transmitter, requesting extension of completion date
from 8-17-41 to 10-17-41,

NEW — King-Trendle Broadcasting Corp,, Grand Rapids, Mich. —
Construction permit for a new high frequency broadcast
station to be operated on 45500 kc. ; coverage, 4,340 square
miles; population, 420,384. .Amended: To change fre¬
quency to 46900 kc., coverage to 5,300 square miles, and
population to 493,842, and to make changes in antenna
system.

TELEVISION APPLICATIONS

WlXG — General Television Corp., Boston, Mass. — Modification
of license to change frequency from 42000-56000, 60000-
86000 to 50000-56000 kc. Amended: To request com¬
mercial television station, change transmitter location, and
add aural channel.

WlXG — General Television Corp,, Boston, Mass. — Construction
permit to install audio transmitter to use with video trans¬
mitter, 500 watts power, .A-3 emission. .Amended: To re¬
quest commercial television station, change transmitter
location, and add aural channel.

NEW — Columbia Broadcasting System, Inc., New York, N. Y. —
Construction permit for a new television broadcast station
to be operated on Channel No. 1, 69090-66009 kc.. .A-5
and special emission for frequency modulation, unlimited
time,

W6XDL — Don Lee Broadcasting System, San h'rancisco, Calif. —
Modification of construction permit (B5-P\'B-19) as modi¬
fied, for a new television station, requesting extension of
commencement and completion dates from 11-30-40 and
5-30-41 to 5-30-41 and 10-30-41, respectively.

MISCELLANEOUS APPLICATION

VVGOXF — National Broadcasting Co., Inc., Portable. — Modification
of license to change the type designation of transmitter.

FEDERAL TRADE
COMMISSION ACTION

COMPLAINTS

Federal Trade Commission has alleged unfair competition
against the following firms. The respondents will be given an
opportunity to show cause why cease and desist orders should not
be issued against them.

Hank & Stoller Corp. — Charging unfair and deceptive prac¬
tices in the sale of photographic miniatures, sometimes known as
goldstone miniatures, a complaint has been issued against Blank
and Stoller Corporation, 227 East 45th St., New A'ork, and against
Harry J. Long, George Stoller, Maurice Schultz, and Randolph
Fajen, individually and trading as Blank & Stoller Studios. The
respondents Long, Stoller and Schultz, according to the complaint,
are officers of the corporation and control its activities.

The complaint alleges that pursuant to understandings, agree¬
ments and conspiracies the respondents, in order to obtain photo¬
graphs and negatives from which to produce miniatures for sale,
have falsely represented that they were connected with one or
more newspapers or press associations and desired to take photo¬
graphs of individuals for use by such newspapers or press associa¬
tions at future dates, when in fact none of the respondents have
had newspaper or press association connections. (4523)

l^araniouiit Yarn Company — .Alleging violation of the Federal
Trade Commission Act in the sale of knitting yarns, a complaint
has been issued against Louis Glasser, trading as Paramount Yarn
Co., 362 Grand St., New A^ork.

The complaint alleges that the respondent, in seeking to sell
his products, has misleadingly represented the constituent fiber or
material of which they are made, such representations appearing
in catalogs, color charts, sample books and other printed and
written material and on labels, (4521 )

July 3, 1941 — 591

Peiiii-Liil) Oil Products Co., 85 Gotthait St., Newark, N. J.,
ennaRcd in the sale and distribution of reclaimed motor oils to
wholesalers and retail distributors is charged in a complaint with
misrepresentation.

The complaint charges that in the sale and distribution of its
product the respondent has caused to be imprinted upon the con¬
tainers in which the product is displayed and sold statements and
representations such as; “PENN-LUB 100% PURE PARAFFIN
BASE MOTOR OIL” and "MOTOR OIL SPECIALLY PRO¬
CESSED FOR HIGH SPEED MOTORS.” (4524)

Kiidolpli Wurlilzer ('oiuptiuy, 121 East F'ourth St., Cincinnati,
piano manufacturer and distributor, is charged in a complaint
with misrepresentation.

The complaint charges that in advertisements in newspapers,
magazines and trade journals the respondent has represented,
among other things, that pianos manufactured by it are "Finished
in Kordevon, a remarkably beautiful and durable finish featured
exclusively by VVurlitzer” and “Wurlitzer is first with Kordevon,
a new finish, hailed with enthusiasm by leading decorative authori¬
ties for its unique beauty, its soft, rich texture, its variety of
tasteful shades” and in advertisements in trade magazines intended
for the trade and for the respondent’s dealers, but not for the
I)urchasing public, that “In appearance Kordevon is almost exacth'
like lightly tooled leather. In fact, the average laymen would
likely think it was leather unless told otherwise.” (4525)

Success Portrait Co. — Charging violation of the Federal Trade
Commission Act in the sale of tinted or colored photographic en¬
largements and miniatures, and frames, a complaint has been issued
against Success Portrait Co., which also operates as Chattanooga
.4rt Medallion Co. and as Art Trade Studios, with headquarters
in Chattanooga, Tenn., and four of its officers, also reirresentatives
who operate under various trade names, and the representatives’
sales agents.

The complaint alleges that the respondents have entered into
and carried out various understandings, agreements, combinations
and conspiracies with each other for the sale of their products
through misleading and deceptive practices. (4522)

CEASE AND DESIST ORDERS

Commission has issued the following cease and desist orders:

(■raiul Kapids Excliaiige, Inc., 55 Hope St., Brooklyn, also
trading as Denis Furniture Co., 2182 Third Ave., New York, has
been ordered to cease and desist from misrepresentation in the sale
of furniture.

The Commission finds that the respondent has represented, on
conspicuous signs on its places of business in each city, that it
maintains "The Original Grand Rapids (Exc., Inc.) Furniture,
Main Show Rooms,” and has also made oral representations to
purchasers that “VVe are the real McCoy because we have our
factory in Grand Rapids, Michigan, and the name of it is the
Grand Rapids F'urniture Company.” (3703)

Pcliciiii Slate Candy ('<»., a corporation, 1301 North Rampart
St., New Orleans, and Max J. Pinski, its president and chief stock¬
holder, have been ordered to cease and desist from lottery methods
in connection with the sale of candy or other merchandise to ulti¬
mate consumers. The respondent Pinski formerly was in business
as an individual in New Orleans under the names Pelican State
Candy Co. and Royal Chocolates. (4210)

STIPULATIONS

During the past week the Commission has entered into the follow¬
ing stipulations:

.\daii)S Paiiil ('o., agrees to cease representing that the usual
and customary earnings or profits to be derived from the sale of
its paint prorlucts by salesmen or agents are larger than the custom¬
ary amounts actually so earned under normal conditions. The
respondent corporation further stipulates that it will cease repre¬
senting that salesmen or agents or others can, within a specified
time, make profits or earnings which exceed the average net profits
theretofore consistently made in like periods by its full-time agents
under normal business conditions. (3148)

592 — July 3, 1941

Beebe Laboratories, Inc., St. Paul, Minn., has entered into a
stipulation to cease representing that its livestock preparation
"Blackleg Aggressin (Cultural)” produces life immunity, or offers
unequalled assurance, against blackleg, and to discontinue advertis¬
ing that this product or the preparation "Blackleg Bacterin,” or the
combination of the two, produces an immunity more rapidly or
that lasts as long as that produced by natural aggressin; or that one
vaccination with the combination is sufficient to produce immunity
that lasts for the life of the animal. (02817)

Biliks Maiuil'acturiiig Co., manufactures spray guns and com¬
pressors of various types, including its so-called "Roche Compres¬
sor,” a part of its "New Roche Painting Outfit.” The respondent
corporation agrees that in the sale of its outfit it will cease employ¬
ing the statement “3 C.F.M. at 40 lbs. Working Pressure” as de¬
scriptive of its device, and will desist from the use of this or other
statements implying that the device, when and if operated at the
designated pressure, will produce an output of 3 cubic feet of air
to the minute or any other claimed output which is in excess of
actual accomplishment. (3153)

Blackstone-Marsliall Publishing Co.— Engaged in the sale of
a booklet entitled "Your Will and How to Write It,” a Washington,
D. C., co-partnership has stipulated that it will cease and clesist
from certain representations in the sale of the booklet. The re¬
spondents are Richard U. Bashor, Webster C. Patterson, Richard
S. Patterson, and Robert T. Patterson, trading as Blackstone-Mar-
shall Publishing Co., 1110 F. St., N. W., Washington. (3146)

Charle.s Henry Brown & Son, Ine., 47 West 34th St., New
York, and Charles B, Brown, Charles Henry Brown, and Mrs.
Charles Henry Brown, its officers and principal owners, entered
into a stipulation to cease using, in connection with the sale of their
arch supporters designated “Glide-o-Matic Arch Resters”, state¬
ments or representations tending to cause the impression that such
devices or their use can be depended on to afford relief from foot
pains, fallen arches, callouses, metatarsal troubles or other foot
ailments. The respondents further agree to cease representing that
a single type of arch support generally will afford relief or be
corrective when the use of arch supporters is indicated. (3150)

Biuliaiian-Tlioiuas Advertising Company — C. Coe Buchanan
and Lyman H. Thomas, trading as Buchanan-Thomas Advertising
Co., 412 South 19th St., Omaha, Nebr., have entered into a stipula¬
tion in which they agree to cease certain representations in the
advertisement of "Butter-Nut Coffee” on behalf of Paxton and
Gallagher Co., Omaha. The respondent advertising agency stipu¬
lates that it will cease representing, directly or by implication, that
Paxton and Gallagher Co. discovered a new or extraordinary process
of maturing coffee, that this company’s method of maturing coffee
eliminates all trace of harshness or coffee acids, and that a pound
of Butter-Nut coffee makes more cups of coffee than a pound of
any other coffee. (02824)

Harry T. Campbell Sons’ Co., Towson, Md., have entered
into a stipulation in which it agrees to cease certain representations
in the sale of “Campbell’s Calcite Grit,” a poultry food supplement.

Under its stipulation, the respondent corporation agrees to de¬
sist from representing that its product is the only grit having a
natural manganese content ; and that it is necessary to supply
poultry with pure calcium in addition to the minerals contained in
commercial feeds, unless this representation is specifically limited to
feeds deficient in this mineral, (02820)

Clift'-Kdwards Hair-Way — Cliff Edwards, conducting a busi¬
ness under the name Cliff-Edwards Hair-Way, 8026 Hollywood
Blvd., Los Angeles, entered into a stipulation to cease representing
that his preparations for the hair known as “Cliff Edwards No. 7”
and “Cliff Edwards No. 11” will cause hair to grow or in any
way aid in growing hair on a naturally bald head ; that the
preparations, or either of them, are new in the sense that they
consist of ingredients other than such as have been long recog¬
nized for use in scalp treatments; and that the preparations were
created by a prominent cosmetologist and dermatologist. (3147)

Genesee Tradiiis Co., Ine., 18 West 21st St., New York, en¬
tered into a stipulation to cease using representations implying
that the perfumes which it sells are French perfumes manufac-

tured in France and sold in the United States. The respondent
corporation also stipulates that it will cease employinK any French
words or language in its literature or on its cartons or packages in
such a manner as to lead the public to believe that the contents
of the packages are of French origin and have been manufactured
in France, and that it will cease using the word “Paris” on its
labels, letterheads and other advertising matter in such a way
as to lead the public to believe that the corporation maintains a
manufacturing plant in Paris, France. (3154)

Iiiternatioiml Tobacco (onipaiiy of Aineiica, Incorporated,

Louisville, Ky„ entered into a stipulation to cease employing the
words or phrases “London," “English,” “A Product of Peter Jack-
son (Overseas) Ltd., 217 Piccadilly, London, \V.,” or other words
or phrases implying that its products are made in England or any
country other than the LTnited States. The respondent further
stipulates that it will cease representing, directly or inferentially,
that its cigarette tips designated “filter tip” represent an original
or revolutionary principle in cigarette tips, or that its cigarettes
are the only cigarettes that have so-called “filter tips.” (3144)

Interstate Home Study IJureaii — Aaron Sauer, trading as
Interstate Home Study Bureau, 901 Broad St., Newark, N. J.,
entered into a stipulation to cease certain representations in the
sale of a correspondence course designed to assist students to pass
civil service examinations.

L'nder his stipulation, the respondent agrees to cease employing
the word “Bureau,” either with or without the words “Interstate
Home Study,” as a part of or in connection with his trade name,
and to desist from using the word “Bureau” independently or in
connection with other words so as to imply that his course is
compiled, published or disseminated by a “Bureau,” as that term
generally is understood. (3152)

A. G. Liiebert, Coatesville, Pa., has entered into a stipulation
to cease certain representations in the sale of medicinal prepara¬
tions. The stipulation is supplemental to a stipulation previously
accepted by the Commission from the respondent.

Under the supplemental stipulation, the respondent agrees to
desist from disseminating advertisements which represent that
“Nox-Em Tablets and Capsules,” “Ka-No-Mor Capsules,” “Nox-
Pan Tablets,” and “Luebert’s Laxative Tablets” are in all cases
safe or harmless; or which fail to reveal that the frequent or con¬
tinued use of “Nox-Em Tablets and Capsules,” “Ka-No-Mor Cap¬
sules,” and “Nox-Pan Tablets” may be dangerous, causing serious
blood disturbances, anemia, collapse, or a dependence on them,
and that no more than the dosage recommended should be taken,
and that they should not be given to children; or which advertise¬
ments fail to reveal that “Luebert’s Laxative Tablets” should not
be used when abdominal pains, nausea or other appendicitis symp¬
toms are present; that its frequent or continued use may result
in dependence on laxatives, and that if a skin rash appears, its
use should be discontinued. (0304)

Montgomery Ward & Co., Inc.. Chicago, stipulated that in
the sale of coal tar hair dye preparations designated “Inecto” and
“Clairol,” it will cease disseminating advertisements which fail
conspicuously to reveal the following:

“Caution: This product contains ingredients which may cause
skin irritation on certain individuals and a preliminary test accord¬
ing to accompanying directions should first be made. This product
must not be used for dyeing the eyelashes or eyebrows ; to do so
may cause blindness.”

The stipulation provides, however, that such advertisement need
contain only the statement: “Caution: Use only as directed on
label,” if and when the label bears the first-described caution con¬
spicuously displayed and the accompanying labeling contains ade¬
quate directions for such preliminary testing before each appli¬
cation. (02821)

Newbro Mamifafturiiig Co., 188 Walker St., S. W., .Atlanta,
stipulated that in the sale of its cosmetic and medicinal prepara¬
tions it will cease representing, directly or by implication, that
“Tuxedo Club Pomade” invigorates the scalp or helps the hair
as nothing else will; that “Queen Hair Dressing,” also designated
as "New Improved Queen Hair Dressing,” is a hair grower or
supplies food for the hair; that “Queen Instant Skin Whitener,”

also designated as “New Improved Queen Instant Skin Whitener”
and as “Queen Skin Whitener Ointment,” improves the tone of
the complexion or retards the formation of blackheads; that
“Queen Skin Soap,” also designated “New Improved Queen Skin
Soap,” helps to heal skin blemishes; that “Queen Peroxide Vanish¬
ing Cream,” also designated “New Improved Peroxide Vanishing
Cream,” imparts a fine-grained appearance to the skin, and that
“Queen Cold Cleansing Cream” loosens impurities or smoothes
lines or wrinkles. (02818)

Peerless Smoking Jacket Co., Inc., 16 East 34th St., New
York, distributor of men’s specialty garments, including robes,
house jackets, sports coats and shirt and slack ensembles, stipulated
that it will not offer for sale, sell or distribute any merchandise
which is made from fabric composed of rayon or which contains
rayon without clear and unequivocal disclosure of the fact that
the fabric is made of or contains rayon, as the case may be, on
labels or tags conspicuously affixed to the merchandise, and on the
invoices and in all advertising and promotional matter, however
disseminated or published. (3155)

Kiibcl liakiiig Co., Cincinnati, entered into a stipulation to
cease and desist from certain representations in the sale of “Rubel’s
High \’itamin B-1 Wheat Bread,” also known as “Rubel’s High
\’itamin Wheat Bread.”

Under its stipulation, the respondent agrees to cease advertising
that its bread contains per loaf as many as 800 international units
of Vitamin B-1 or contains more units of that vitamin, or of any
other vitamin present, than is actually the case, or that, when
eaten in quantities ordinarily consumed, the product will supply
the minimum daily nutritional requirement for Vitamin B-i.
(02823)

.■V. I). Sutton & Sons — David .A. Sutton and Sam Sutton, trad¬
ing as .A, D. Sutton & Sons, IS West 37th St., New York, dis¬
tributors of handkerchiefs and laces imported from China, stipu¬
lated that they will cease representing in any way on their printed
or advertising matter that they maintain foreign offices in either
France or Belgium or in any other country abroad, when and if
such is not a fact. (3156)

Tni Products Corporation, 166 West Jackson Blvd., Chicago,
entered into a stipulation in which it agrees to cease advertising
that its product “Tru-Clean Tablets” will restore the color of
fabrics to their original brilliance and beauty, and that its cus¬
tomers are protected by Lloyd’s of London against any personal
or property damage resulting from the use of Tru-Clean Tablets,
and are afforded legal redress against Lloyd’s of London for any
such damage. (02822)

Valeria’s Products — Dave Boston and Wilma Boston, co¬
partners trading as Valeria’s Products, and as Valeria’s, 589 East
.Adams .Ave., Detroit, entered into a stipulation in which they agree
to cease representing that “Valeria’s Hair Grower” will cause the
natural oils of the scalp to be retained; overcome dryness of the
scalp; stop excessive dandruff or falling hair, or cause hair to grow.
The respondents further agree that in the dissemination of adver¬
tisements they will cease representing, by use of the words “Hair
Grower” in the designation of their preparation, that the product
will grow hair. (02819)

Whelan Candy Company— John J. Whelan, trading as Whelan
Candy Co. and as The Whelan Co., Bradford, Pa., stipulated that
in connection with the sale of candy and other merchandise, he
will cease supplying to others candy, cigar lighters or other
merchandise together with punch-boards, push cards, or other
lottery devices, or such devices either with assortments of candy
or other merchandise or separately, which devices are to be or may
be used in selling such candv or other merchandise to the public
(3149)

FTC CASE DISMISSED

The Federal Trade Commission dismissed without prejudice
a complaint which had charged Lightfoot Schultz Co., New Amrk,
Continental Blade Corporation, Brooklyn, and Lawrence Distribut¬
ing Corporation, Brooklyn, with violation of the Federal Trade
Commission .Act in the sale of soaps.

July 3, 1941 — 5 9 3

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1626 K STREET, N. W.

WASHINGTON, D. C.

Vol. 9, No. 27, July 11, 1941

DEFENSE COMMITTEE MEETS

The new NAB National Defense Committee will meet at the
NAB in Washington, Tuesday, July 15. Members of the Com¬
mittee are: John Shepard, 3rd, Yankee Network, Chairman; A. J.
Fletcher, WRAL; Leo Fitzpatrick, WJR; H. Vernon Anderson,
WJBO; Ben Ludy, WIBW.

EXECUTIVE COMMITTEE

The NAB Executive Committee will meet Monday, July 14,
in Washington to consider a number of matters.

THE MUZAK LICENSE

The recent grant to Muzak Corporation of a construction permit
for a development FM broadcast station has been hailed in a
recent FCC release as the inauguration of a new type of service
in the field of radio broadcasting. Flowever, the uniqueness of
the service is questionable, since the applicant, Muzak Corpora¬
tion, at present furnishes transcribed musical programs by tele¬
phone wires to hotels, restaurants and homes on a subscription
basis and now proposes to furnish relatively the same service by-
substituting transmission by radio in place of the use of telephone
wires. It would appear that this was contrary to the Commis¬
sion’s policy of not permitting the use of radio for transmission
where wires are available.

The Commission’s apparent interest in this new type of broad¬
casting service is worthy of attention not only by broadcasters but
also by advertisers and by all who use radio and are interested
in the great public service rendered by radio. In its announce¬
ment, the Commission quotes from a statement by the promoter
of this new service as follows:

“There is no reason why the public should pay directly for mov¬
ing pictures and indirectly for radio. It is merely a matter of cir¬
cumstance that radio in the United States is available to the public
only in connection with advertising announcements which fre¬
quently are highly disturbing or irritating. The American people
have never decided or been given the opportunity to decide that
radio should not be sold in the usual manner by direct payment
for the service.”

It is true that the Commission does not say specifically that it
is in agreement with these views, yet it is significant that such
views and the philosophy they express are set forth at such length
in a routine announcement of the granting of an experimental
radio broadcasting license.

The American system of broadcasting, the Commission says, is
not practiced in all countries of the world. Quite so. However,
because under the American system radio has been able to pay
its way it has been able to maintain its freedom and has not
been dependent upon a government subsidy, nor is it subservient
to any political party or power.

Advertising, in addition to making private broadcasting possible,
has also provided the basis for a competitive system and has
thereby stimulated both broadcasters and advertisers to produce
a variety of programs and a standard of performance unequaled
throughout the world.

It is hoped that the criticism of all advertising as contained in
the release is due to draftsmanship, and does not indicate an
official policy of the Commission.

National Defense

Flying Cadet Campaign

Seven stations, listed below, are longtime cooperators in the
Flying Cadet campaign for the .Army. These, with 645 stations
reported on June 9, 82 on June 30, 5 on July 3, bring the total
to 739.

Unreported previously are:

KFUO — St. Louis, Mo.

KGFI — Brownsville, Texas

KPOW— Powell, Wyo.

WHMA — Anniston, Ala.

WLAW — Lawrence, Mass.

WSAZ — Huntington, W. Va.

WTJS — Jackson, Tenn.

Selective Service Drawing

The lottery in connection with Second Selective Service Regis¬
tration has been set in Washington, D. C., for 7:00 p. m., EST,
July 17. It is estimated the drawing of the 750 numbers will
occupy approximately two hours. Thereafter the news will origi¬
nate in various centers throughout the country in the territory
served by broadcasting stations.

Because some stations reported inability to get lists from local
boards promptly during the prior lottery, it is suggested that
stations immediately re-establish contacts with the sources of
local names.

If the likelihood of any difficulty is in prospect it is suggested
that the circumstances be reported to NAB headquarters.

This suggestion is made in accordance with a letter received
on Thursday from Major Ernest M. Culligan, Public Relations
Officer, Selective Service System. On that date he wrote:

“It is my pleasure to assure you that instructions have been
issued to all members of the Selective Service System to make
information regarding Selective Service readily available to the
press and radio news agencies. During the past several months
we have corrected many situations where local boards were re¬
luctant to release information and I am sure that radio stations
will not encounter any difficulty in this connection.

“Should any situation come to your attention that requires
corrected action, please advise me and I assure you the matter
will be straightened out.”

Caption of a letter accompanying Navy announcements dated
July 14, reads:

ALL OUT FOR THE NAVY!

Details of the urgent need for regular and reserve enlistments
are covered in a memorandum to all stations.

(Continued on page 596)

July 11, 1941 — 5 9 5

Neville Miller, President C. E. Arney, Jr., Assistant to President

Edward M. Kirby, Director of Public Relations; Joseph L. Miller,
Director of Labor Relations ; Frank E. Pellegrin, Director of
Broadcast Advertising ; Paul F. Peter, Director of Research;
Russell P. Place. Counsel; Lynne C. Smeby, Director of Engineering

NATIONAL DEFENSE

( Continued from page 595 )

KFYO, Lubbock, Texas (population 31,853), home of Texas
Technological College, proudly boasts that the city rates second
for furnishing enlistments to Naval Air Corps. John Bradford,
traffic department, writes that Texas Tech placed second with a
total of 67 enlistments, and that first place was held by State of
Texas University. KFYO for many months has been backing the
Navy’s air program.

Paul J. Miller, production manager, WWVA, Wheeling, has
scheduled a program, “Defending America,” in which are presented
various defense announcements which need to reach a maximum
audience. They are broadcast Monday through Friday, 7:50-
8:00 p. m.

FOURTH OF JULY PROGRAM

WHOM, Jersey City

West W. Willcox, assistant manager, writes that the station
broadcast a complete daily series of spot announcements on July
1, 2, 3 and 4, not only in English but in native-tongue announce¬
ments in Polish, German, Italian, Spanish, Lithuanian and Jewish,
The station also carried the 4:00-4:10 p. m. presidential broad¬
cast via cooperation of NBC.

WEMP, Milwaukee

C. J. Lanphier, manager, broadcast the President’s speech at the
Milwaukee Ball Park through the cooperation of President Bill
Veeck, head of the Milwaukee Ball Club.

KCKN, Kansas City, Kans.

Ellis Atteberry, manager, took Mutual’s feed of the Fourth of
July broadcast from WHB, Kansas City, Mo. The 10-minute
program became part of the station’s baseball broadcast in the
afternoon. Full-hour patriotic program on the morning of the
Fourth served to promote the afternoon feature. On prior days
there was an effective teaser campaign.

KGNC, Amarillo

John Ballard, manager, scheduled a three-day Americanism
theme which culminated wdth the Fourth of July presidential
broadcast. Speakers included Mayor Joe A, Jenkins, American
Legion officials. Postmaster W. D. De Grassi, and others.

KGHL, Billings

Ed Yocum released a series of live spots to secure a full
audience for the Fourth of July presidential broadcast.

WITH, Baltimore

Thomas Tinsley, president, arranged to take the presidential
speech from one of the Baltimore network stations.

596 — July 11, 1941

KITE, KCKN, WHB, Greater Kansas City

According to a note from WHB: “All seven radio stations in
the Greater Kansas City area logged the same program for another
‘first time in local radio history’ on Eriday, July 4, when President
Franklin D. Roosevelt addressed the nation. WHB-Mutual,
KMBC-Columbia, WDAF-National Red and WREN-National
Blue carried the President’s talk on their regular network service.
KCMO, local independent, received the program from NBC Blue
via the AT&T test board. KITE and KCTEN were fed the Mutual
origination through the WHB control panel in accordance with
the NAB’s request for cooperation in this matter.”

WGR-WKBW, Buffalo

During the Fourth of July broadcast Herbert C. Rice, program
manager, arranged for a chorus of thirty Boy and Girl Scouts to
recite the pledge of allegiance in unison with Chief Justice Stone.

WOR, New York

Ted Streibert, vice president, wrote on July 2 that he had ar¬
ranged for the President’s speech to be broadcast over a PA
system at Ebbets Field and Empire City race track.

KEYS, Cape Giradeau, Mo.

This is another of the independent stations to carry the Fourth
of July program.

KGW-KEX, Portland; KAST, Astoria; KSLM, Salem; KWJJ,
Portland

H. Quenton Cox, assistant manager of KGW-KEX, broadcast
the presidential talk to several meetings over PA systems; and fed
the program to KAST, KSLM and KWJJ.

A total of 36 spots were broadcast by KGW and KEX in behalf
of the Second Selective Service registration on June 29 and 30.

BMI NOTES

More New Songs for Broadcasters

Completion of contracts with six publishing firms for the licens¬
ing of music to subscribers, publication of eight new popular
tunes, thirty Public Domain arrangements and twelve new com¬
positions in the BMI Standard Black and White Series were an¬
nounced this week.

The newly affiliated publishers are Eountain Music Company;
Harmony Music Publishers; Melo-Dee Music Company; Modern
Standard Music Company; Merrell Schwartz Music Company;
and Meredith Willson.

With the addition of these twelve original compositions, the
BMI Black and White Series offers seventy-two compositions of
the type used on concert programs. These additions include three
poems by Christopher Morley, poet and novelist, set to music
by E. S. Nulling

You and I, which comes to BMI with the Meredith Willson
contract, was written by Willson as a theme song for the Maxwell
House Coffee program. An active demand for the song was evi¬
dent after Bing Crosby and Rudy Vallee featured it on their own
programs. Willson organized his own company and published it.
Initial sales on the west coast were so good shortly after publica¬
tion that the composer was unable to buy a piano copy for his
own use. Recordings of the song by Kate Smith (Columbia),
Bing Crosby (Decca), Glenn Miller (Bluebird), and others are
scheduled for release in the next few weeks.

New BMI Subsidiary

Radio Tunes, Inc., has been organized under the laws of the
State of New York as a subsidiary of Broadcast Music, Inc., to
engage in the publication and exploitation of popular music.

Sydney M. Kaye, Merritt E. Tompkins and Robert J. Burton are
directors. Chief executives of the new company have now been
selected. Plans call for the establishment of a Professional Depart¬
ment and other departments necessary to a music company.
Principal purpose for the formation of the new company is to
give the music world an increasing variety of popular tunes. In
establishing a subsidiary, BMI is profiting from the experience of
other music publishers who have found additional companies useful
in the promotion of their music.

The ‘Hi, Neighbor’ Policy

Written by Jack Owens, who wrote the music of the Hut Sut
Song, and featured by Jane Frazee and the Merry Macs in the
new Universal picture, “San Antonio Rose,” BMI’s Hi, Neighbor
looks as if it may become an important song for group singing.

The number has been adopted in Santa Catalina, California, as
the official greeting song and is broadcast every night. The Santa
Catalina band plays it as the welcomer for all visitors to Catalina.
Over July Fourth, more than one half million people were on the
Island and many of them were whistling the tune. This is the
first time that Catalina has adopted a welcoming song, but the
words. Hi, Neighbor, have been used there for several years as a
greeting phrase.

Not only in Catalina, but throughout the country, the times
have been crying for a song of this sort. People are eager to
“break the ice” that surrounds human relationships, but there has
been no song that hit just the right note.

Jack Owens struck gold with the Hut Sut Song and many of his
friends feel that he has done it again with Hi, Neighbor. The
lyrics follow;

“Listen, you sisters and brothers.

I’ve got some very good advice.

Hear me, you sons of your mothers.

We’re really gonna break the ice.

Chorus;

HI, NEIGHBOR! HI, NEIGHBOR I
What do ya’ know and what do ya’ say?

HI, NEIGHBOR! HI, NEIGHBOR !

Throw all your worries away.

Come on and shake my hand and let a grin do the rest.

It makes ya’ feel so grand to get your chin off your chest.

I’m shoutin’, HI, NEIGHBOR! MY NEIGHBOR!

Time to play and say, HI!”

Copyright 1941, Broadcast Music, Inc.

I Hear America Singing

One of this year’s outstanding compositions becomes available
for broadcasting by BMI subscribers with the publication by E. B.
Marks of George Kleinsinger’s patriotic cantata, I Hear America
Singing. This number has been recorded for RCA Victor by John
Charles Thomas and the ILGWU Radio Chorus with an orchestra
led by Nathaniel Shilkret. (Victor Musical Masterpiece Album
No. M-777.)

Written for a baritone with mixed chorus and orchestra, I Hear
America Singing is based on Walt Whitman’s epochal work, Leaves
of Grass. Glorified in stirring music are the people, farms, cities,
splendor and majesty of America and the spiritual values for which
it stands. Kleinsinger selected such excerpts from the Whitman
works as Song of Myself, 0, Pioneers! 0, Pioneers!, For You, O
Democracy and fused this material into a dramatic and brilliantly
unified composition.

The twenty-seven-year-old composer has played piano in a jazz
band; studied dentistry; been Musical Director of the Eastern CCC
camps; graduated from New York University; won a fellowship
at the Julliard School of Music; and created countless musical
works, among them a violin concerto and several string quartets.

BMI FEATURE TUNES
July 14 - July 21

1. I WENT OUT OF MY WAY

2. WASN’T IT YOU

3. ALL ALONE AND LONELY

4. MY SISTER AND I

5. BECAUSE OF YOU

6. G’BYE NOW

7. WITH A TWIST OF THE WRIST

8. THE RELUCTANT DRAGON

In preparation, two great rhythm numbers — Yo Te
Amo, an unusual novelty, and Hi, Neighbor.

BMI continues to lead in all indices of popularity. 13 out of IS
sheet music best sellers are BMI controlled, according to the Bill¬
board compilation, and 11 out of 15, according to Variety. Bill¬
board gives 10 of the 14 leading money makers in the coin machines
to BMI, and Variety credits 11 out of 19. In best selling phono¬
graph records, 8 out of 10, according to Billboard, are BMI pub¬
lished or BMI controlled.

The Hut Sut Song has jumped into first place in national sheet
music best sellers, leading in the mid-west and south and ranking
second to Intermezzo in the east. Out on the west coast Maria
Elena has superseded it as the number one song. Sammy Kaye’s
Daddy is the sensation of the week in record sales, leading nationally
in the east, in the mid-west and in the south, and ranking third on
the west coast. G’bye Now and My Sister And I are still “going
strong” after seven weeks and rank second and third respectively
in record sales. Those “coming up” in Billboard's Record Buying
Guide are led by Things I Love and Good Bye, Dear, I’ll Be Back
In A Year and Green Eyes.

Kent Cooper’s “Dixie Girl”

For the first time on any stage, Dixie Girl, recently published by
BMI and written by Kent Cooper, General Manager of the Asso¬
ciated Press, was sung at the Radio City Music Hall in Leon Leoni-
doff’s stage revue which opened June 26.

Earl Wrightson, baritone, sang it as part of the Music Hall
Symphony Orchestra’s overture, Southern Rhapsody.

Mr. Cooper, who writes music for his own amusement and
relaxation, composed Dixie Girl in 1923 for his daughter, had it
copyrighted but never presented it for publication. It was only
as the result of losing a bet on a golf game that he consented to
have the song released this year.

The Answer

Bobby Warren of Warren Publications is frequently asked what
city has the address. Number 10, Lullaby Lane. He knows the
answer now. It’s City of Heaven (Population Two), Warren’s
new song which he is presenting to BMI broadcasters as “the
newest addition to our household at Number 10.”

A Yard Bird Song

Time’s A’ Wastin’, by Olsen and Johnson, inspired by “Snuffy”
Smith of the “Snuffy” Smith and Barney Google cartoon running
in the Hearst papers, is being published by BMI. The tune will
be promoted by BMI and King Features with the cooperation
of Billy de Beck, the cartooonist, and orchestra leaders and movie
stars who have expressed interest in the tune. “Snuffy” enlisted
in the army recently and the song is expected to form an important
part of his adventures.

July 11, 1941 — 597

Comment and Contrast

The Buffalo. N. Y., Nems says under date of June 24th:

“BMI DOUBLES ROYALTIES

“Bernie Simon, local lawyer, and Dick Ullman, WGR-WKBW
executive, who turned out the song ‘My Mind’s On You,’ got a
pleasant surprise the other day in ripping open their royalty
check for the tune. BMI voluntarily had doubled its payments
to songwriters.

“Quite a contrast from a year or so ago when, wdth ASCAP in
the saddle, Ruth Lowe got not a cent for all the times ‘I'll Never
Smile Again’ was plaved on the air because she didn’t belong to
ASCAP.”

Si Steinhauser of the Pittsburgh Press writes:

“Under the BMI royalty setup for the first quarter of 1941 —
and that’s the period covered by the checks — individual song hits
earned their composers from $800 to $1200 for radio performances
only. The figures do not include recording royalties.

“These royalties go, for the most part, to composers who have
not been able to earn a penny from their music prior to the
formation of BMI which opened its services to composers, rich
or poor, famous or unknown.

“Radio, except for a few stations, has gone along without
.^SC.^P music. The answer is simple. BMI has found com¬
posers of definite hits.

“.Although .ASCAP has been taking it on the chin, heaviest
losers in the fight are movie theatre owners. Because ASCAP has
the film industry tied to contracts, song hits featured in pictures
are not on the air. Result, say the theatre men, people are not
going to the movies to see the musicals.”

Variety admits:

“Jack Robbins points to ‘Aurora’ as refutation of a pet Tin
Pan Alley theory that the coin-machines can ‘make’ a song hit.
Jack Kapp, prez of Decca, recorded this Brazilian ‘carnival’ song
eight different ways, and guarantees Robbins 1,000,000 platters
on Decca alone. It’s also been widely waxed elsew'here.

“But it has only sold a meager 12,000 copies so far.

“In contrast, ‘Hut Sut Song,’ from a small coast publisher, but
with an advantageous radio plug, will see 200,000 copies sold.”

Sales

SALES MANAGERS COMMITTEE NAMED

Following a new method of station representation, appointment
of the new seven-man executive committee for the N.\B Sales
Managers Division was announced today by President Neville
Miller.

In accordance with a board of directors ruling, the new com¬
mittee consists of a chairman selected at large, one member each
representing the small, medium and large stations, and one repre¬
senting each of the networks.

Eugene Carr, veteran member of the committee and assistant
manager of WG.AR, Cleveland, Ohio, is the new chairman.

Representing large stations is John M. Outler, Jr., commercial
manager of WSB, Atlanta, Ga.; medium stations, E. Y. Flanigan,
commercial manager, WSPD, Toledo, Ohio, who was chairman
of the committee last year; small stations, Robert MacKenzie,
manager, WCMI, .Ashland, Ky.

Network representatives are Arthur Garfield Hayes, CBS Radio
Sales, New York City; George H. Frey, sales service manager of
the eastern division of NBC Sales department. New York City,
and Linus Travers, vice president of the MBS-affiliated Yankee
network and W.A.AB, Boston, Mass.

Serving on the committee last year, besides Flanigan and Carr,
were Craig Lawrence, KSO-KRNT, Des Moines, Iowa; Ellis .^tte-
berry, KCKN, Kansas City, Kans.; Willard Egolf, KVOO, Tulsa,
Okla., and Charles Caley, WMBD, Peoria, III.

Carr was due to arrive in Washington Thursday for a two-day
conference with Frank E. Pellegrin, director of the Department

598 — July 11, 1941

of Broadcast Advertising, preparatory to calling the first meeting
of the new executive committee later this summer.

Audience Reaction Reported

.^n article on “Ups and Downs in Audience Interest,” by Joseph
Creamer and George H. .Allen, in the July issue of Advertising and
Selling, is recommended to every station manager, sales manager
and program director. It is a graphic account of the research
conducted under the supervision of Horace Schwerin with the
“Program .Analyzer” machine, testing the reactions of thousands
of typical listeners to various types of programs and commercials.
The article, factual, indicative and revealing, should be of great
practical value to all broadcasters. Publication office is Chestnut
at 56th St., Philadelphia, Pa.

Advertiser Seeks Commission

The Jaques Manufacturing Co., makers of K C Baking Powder,
has been offering to place a spot announcement campaign direct,
provided it is allowed 15 per cent agency commission.

The company states “this is the basis on which all of our news¬
paper contracts as well as radio contracts have been placed — our
company having been recognized just the same as advertising
agencies for a great many years.” Merchandising and dealer con¬
tracts are also requested.

In reporting this to the NAB, a member comments that check¬
ing shows a number of broadcasters, “including some very large
stations,” are allowing the 15 per cent commission direct.

That this is a bad business practice seems to be obvious. If
stations will allow an “agency commission” to one advertiser
who places his business direct, it is hard to see how they can
logically withhold a similar commission or rebate from all similar
advertisers.

In fact, it is difficult to understand how any sort of “agency
commission” can be allowed when there is no agency involved at
all. Therefore, reduced to plain terms, this becomes a special
rate reduction of 15 per cent allowed to one advertiser, or a
rebate of IS per cent allowed to one but denied to others.

.Abuses such as these will do more to break down established
practices and the radio rate structure than almost anything else
that can be imagined. It has long been recognized in ethical
advertising circles that to grant special rebates to one advertiser,
thereby discriminating against others, is contrary to the best
interests of the media, of advertising agencies, and of the whole
business of advertising. Such action is certainly inimical to the
industry’s efforts to build and maintain high ethical standards,
and for that reason stations that have been persuaded to comply
with this advertiser’s request, thinking more perhaps of the
contract at hand than of its long-range effect, are advised to
reconsider the matter carefully.

Cost-Per-Inquiry

Afiiie I’rodiu'ts Co., of West Frankfort, Ill., on behalf of
X-E’KL, an athlete’s foot remedy, is seeking cost-per-inquiry deals.

.Alk‘11 .\. Funt. Radio Productions, of New York, is seeking
per-inquiry “propositions” from stations on behalf of a tobacco
client, the House of Wesfminster, Inc.

Both advertisers have been advised of the NAB attitude on this
subject, and have been cordially invited to use radio properly at
established rates.

The Business Outlook

Facts learned from the weekly bulletin of the U. S. Department
of Commerce, believed to be of interest to radio sales managers
as i^ossible sources of increased revenue, are as follows:

Personal finance company consumer loans rise 13 per cent
ovyer a year ago during the period ending May 1, with balances

totaling $514,000,000 reported by companies doing 80 per cent of
the total loan business in this field.

Credit unions for the same period report $203,200,000 in members’
loan obligations, an increase of 27.5 per cent over the previous
year.

Employment figures are the highest on record, with total non-
agricultural employment reaching 47,222,000 by the end of March,
according to the Bureau of Labor Statistics.

The Census Bureau reports 1.500,000 marriages in 1940, a new
record.

Daily average supply of domestic crude oil, estimated by the
Bureau of Mines, to meet the market demand in July 1941 is
3,847,100 barrels, an increase of 6 per cent above the actual de¬
mand for July 1940. The domestic demand for motor fuel is
estimated at 60,300,000 barrels for July, a 12 per cent increase over
actual demand in July last year.

Farm-product demand continues higher, with total pork produc¬
tion for 1940 at an all-time high, and w'ith a higher price to
farmers for milk because of increased demand for dairy products
for Britain. Demand for farm products generally continues to
be favorably influenced by industrial activity and increased con¬
sumer buying power.

Five large tire companies have been ordered to cease and desist
from price misrepresentations.

Electric energy production in 1940 exceeded all records by 11.2
per cent.

A continuing rise in the value of building contracts has caused
summer construction to approach the peak volume of the late
1920s, W'ith residential, nonresidential, public w'orks and utilities
all attaining new highs.

A new all-time high in retail automobile financing, both as to
number of cars and dollar volume, w'as reached in April, dollar
volume showing an increase of 16.8 per cent over March and 43.3
per cent over April 1940.

Retail sales increased 24 per cent in May over the previous year,
and chain grocery stores showed a IS per cent increase. Whole¬
sale prices rose .6 per cent during the w'eek ending June 21, largely
as a result of further sharp gains in prices for agricultural com¬
modities. Independent retailers report a 26 per cent increase in
sales during May over the previous year, with food stores reporting
a 10 per cent increase.

Labor

Wage and Hour Act

The following exchange of correspondence with the Wage and
Hour Division will prove of interest, especially to smaller stations.

The NAB addressed the following letter to the division:

A member of our Association has asked for an opinion in the
follow’ing case:

.4n employee’s primary duty is that of an outside salesman of
radio time. For this he receives a monthly salary of $150 plus a
monthly bonus, the size of which depends upon the amount of
time he sells. In addition he does 8 hours each w'eek of routine
announcing. Other announcers in the station w'ork 40 hours a
W’eek. Therefore, the station assumes that these 8 hours do not
stand in the way of his classification as an outside salesman, under
Section 541,5 (B) of the Wage and Hour Division’s Rules and
Regulations. However, this same man does an irregular amount
of “special events” announcing each w'eek. This consists of inter¬
viewing celebrities, going out on news assignments to community
events and so forth. This type of work, in the industry generally,
is done by announcers classified as “professionals” under Section
541.3 of the Rules and Regulations. However, the man in question
is not paid for this “professional work” at the rate of $200 or more
a month. This “special events” announcing as well as his 8 hours
regular announcing is done as part of his all-around job at the
station.

The question is: Can this employee be classified as an “outside
salesman” for Wage and Hour Act purposes.

May I say that many smaller radio stations have employees
with a similar multiplicity of duties and that your help in clearing
up classifications will be greatly appreciated.

Following is the reply:

On the basis of these facts it would appear that the employee
in question cannot be classified as an “outside salesman” within
the meaning of section 541.5 of the regulations. The time which
the salesman spends in broadcasting his programs must be counted
as nonexempt work, and it w’ould seem that the amount of non¬
exempt work performed by this employee does not meet the 20
per cent test laid down in subsection (B) of section 541.5.

Wage-Hour Pamphlet Revised

A thoroughly revised second edition of “The Wage and Hour
.^ct: How It Affects a Broadcasting Station” has gone to press
and will be mailed to all members next w'eek.

Any member who has not received “.A Sample Labor Contract
Covering Technicians,” mailed last week, should write in for one.

WKRC Strike

The ,AFRA strike at WKRC, Cincinnati, was still in progress
Thursday, July 10. Four of 17 artists were on strike, AFRA has
threatened to strike alll MBS agency-built commercials fed to
WKRC on July 12 unless the station comes to terms meanwhile.
Negotiations were in progress Thursday.

Army Training

\ thorough schooling as a radio technician in the Army Air
Corps is assured all students at the Army Air Corps Radio Operators
and Mechanics School at Scott Field, Belleville, Illinois.

The school, the largest of its kind, is training radio experts at
the rate of approximately 20,000 a year.

Soldiers enter in classes of approximately 800 every two weeks.

Graduates of the 22-week radio course are thoroughly trained
in the operation, and line maintenance of aircraft radio equipment,
and in the installation, operation and field maintenance of tactical
ground radio equipment.

FEDERAL COMMUNICATIONS
COMMISSION

Army Station Call Letters Changed

The Army Amateur Net Control Station has changed its call
letters to W3US.A — indicating “United States .Army.” The old call
letters of the station, which is located in the War Department Mes¬
sage Center, Washington, D. C., were “W3CXL.” The old call
letters had been used since the station was established in 1929.
W3USA normally will operate on the amateur 3,500-4,000 kilocycle,
7,000-7,300 kilocycle, and 14,000-14,400 kilocycle frequency bands
with sufficient power to be heard throughout the United States,
Puerto Rico, Panama, Alaska, Hawaii, and, at times, even to con¬
tact the Philippine Islands.

From the FCC Mail Bag

An Illinois radio fan complains to the Federal Communications
Commission about the use of the expression “now we have news”
in connection with com.mcrcial announcements. The Commission

July 11, 1941 — 5 99

itself can do nothing about this, but suggests that comments re¬
garding radio presentations, if addressed to the station concerned,
will receive attention,

A Washington, D. C., resident objects to the “squawking” of a
neighbor’s loud speaker until 2 .A, M. The Commission advises
that operation of receivers is outside of its province and that any
nuisance problem is a matter for local civil authorities to consider,

A California woman attributes her illness to television and other
radio signals which permeate her home and person. The Commis¬
sion is sorry to learn of the complainant’s illness. It can, however,
say definitely that no case has ever been brought to its attention
where either television or broadcast signals received at a distance
from transmission have any physical effect on humans. Many tests
have been made, and it has been found that these emissions are so
weak and insignificant that they are incapable of harming anyone.
Since it would appear that the woman’s illness must be due to
some other cause, it recommends that she consult a physician.

A Boston firm suggests that Government bonds be given on radio
programs in lieu of other prize awards. The Commission feels that
broadcasters may be interested to receive the suggestion direct,
pointing out that Defense Bonds are already being offered by a
number of program sponsors.

The Commission has written a Pennsylvania power company
thanking it for its prompt attention to a local complaint of inter¬
ference with radio reception which had been referred to it.

.A Chicago firm which requests copies of field strength maps for
all radio stations in a certain district is informed that pressing
duties do not permit the Commission staff to perform extra re¬
search w'ork of this nature, adding, however, that the general
information may be determined by applying the appropriate ex¬
hibits contained in the Standards of Good Engineering Practice
Concerning Standard Broadcast Stations, obtainable from the
Superintendent of Documents, Government Printing Office, Wash¬
ington, D. C., at a cost of 30 cents.

The Commission has granted a license to Edgar Bergen to
operate a radio in his private plane out Beverly Hills way. But
Charley McCarthy need not be jealous. By a coincidence, the
call letters contain his initials — KHBCi/ !

Amateur Rules Amended

At the request of the American Radio Relay League, the Fed¬
eral Communications Commission has amended its rules govern¬
ing amateur radio service to make an additional 400 kilocycles
available for voice communication (Section 12.11.3), and has allo¬
cated SO kilocycles for utilization of frequency modulation (Sec¬
tion 12.117).

.As a result, radiotelephony is now authorized on the amateur
band 28,100 to 30.000 kilocycles instead of the 28,500 to 30,000
kilocycles as heretofore, and the frequencies 29,250 to 30,000
kilocycles are assigned for EM transmission. The present extent
of the amateur band remains unchanged.

This action was taken to accommodate the increasing number
of amateur radio telephone stations and, at the same time, to en¬
courage activity of amateurs in developing EM equipment, as
well as to obtain data respecting characteristics of this band for
EM use.

.At the same time the Commission, on its own motion, amended
Section 12.63 to clarify operation of amateur stations by remote
control. This amendment will tend to eliminate misunderstanding
about the Commission’s requirement that an amateur desiring to
operate a station by remote control must submit complete infor¬
mation regarding location of the control point, his right to the
use of the premises, the means by which remote control is effected,
and the equipment to be used to monitor the transmissions from
the control point. As has long been the case, amateur operation,
directly or remotely, is prohibited on premises controlled by an
alien.

Section 12.83, which concerns transmission of call signals, was
amended to facilitate Commission monitoring of amateur stations
in the present emergency.

600 — July 11, 1941

FEDERAL COMMUNICATIONS
COMMISSION DOCKET

Eollowing broadcast hearings are scheduled to be heard before
the Commission during the week beginning Monday, July 14.
They are subject to change.

Tuesday, July IS

KIDW — The Lamar Broadcasting Co., Lamar, Colo, — Renewal of
license, 1450 kc., 100 watts, specified hours.

Wednesday, July 16

Consolidated Hearing

NEW — Mid-.America Broadcasting Corp., Louisville, Kv. — C. P.,
1010 kf. (1080 kc. NARBA), 1 KW night, 5 KW day,
unlimited time, D.A-day and night.

WGRC — Northside Broadcasting Corp., New Albany, Ind. — C. P.,
1010 kc. (1080 kc. NARBA), 5 KW, unlimited time,
D.A-night and day. Present assignment: 1400 kc., 250
watts, unlimited time.

FUTURE HEARINGS

During the past week the Commission has announced the
following future hearings in broadcast cases. They are subject
to change.

September 5

KWTO — Ozarks Broadcasting Co., Springfield, Mo. — C. P., 560
kc., 1 KW night, S KW day, unlimited, DA-night. Present
assignment: 560 kc., 1 KW night, 5 KW day, SH-5 a. m.
to LS.

September 9

WENY — Elmira Star-Gazette, Inc., Elmira, N. Y. — C. P., 590 kc.,
1 KW, unlimited, DA-day and night. Present assignment:
1*2.30 kc., 250 watts, unlimited.

FEDERAL COMMUNICATIONS
COMMISSION ACTION

APPLICATIONS GRANTED

Lake Worth Broadcasting Corp., Lake Worth, Fla. — Granted con¬
struction permit for new standard broadcast station to
operate on 1340 kc., 250 watts, unlimited time, exact site
to be determined subject to Commission’s approval
(B3-P-3161).

W2XCB — Columbia Broadcasting System, Inc., Portable Mobile
(area of 'W2XAB, New York City), — Granted modification
of construction permit to change frequencies of television
relay broadcast station from 336000-348000 kc. to 346000-
358000 kc.. upon an experimental basis only, with peak
power 25 watts (Bl-MPVB-43) .

KINY — Edwin A. Kraft, Juneau, Alaska, — Granted construction
permit to make changes in equipment and increase power
from 1 KW to 5 KW, unlimited time, subject to approval
of transmitter antenna and transmitter site (B-P-3089).

WSYB — Philip Weiss, tr/as Philip Weiss Music Co., Rutland, Vt. —
Granted construction permit to install new transmitter,
directional antenna for night use, change frequency from
1490 kc. to 1380 kc., and increase power from 250 watts
to 1 KW day and night, granted subject to antenna ap¬
proval (Bl-P-3090),

W59C — WGN, Inc., Chicago, Ill. — Granted temporary authority
to operate EM station W59C with power of i KW ; this
\ authority is granted without prejudice to determination of
\ hearing under Order No. 79.

KXYZ-KPRC — Harris County Broadcast Co., Houston Printing
Corp. (both of Plouston, Texas). — Granted authority for
KXYZ and KPRC to make joint use of one common an¬
tenna for both day and night operation.

WCNC — Aubrey G. McCabe and Trim W. Aydlett, d/b as Alber-
marle Broadcasting Co. (assignor) ; Albermarle Broadcast¬
ing Co. (assignee) ; Elizabeth City, N. C. — Granted petition
to grant without hearing application for consent to assign¬
ment of license for Station WCNC from present licensee
partnership (McCabe and Aydlett, doing business as Alber¬
marle Broadcasting Co.), to a corporation of the same
name. (Docket No. 5978.)

WCBD — WCBD, Inc., Chicago, Ill. — Granted authorization to use
the call letters WAIT and deleting present call letters
WCBD, 830 kc., 5 KW power until sunset at Fort Worth,
Texas.

DESIGNATED FOR HEARING

WIBG — Seaboard Radio Broadcasting Corp., Glenside, Pa. — Ap¬
plication for modification of license to change hours of
operation from daytime to limited to Knoxville, Tenn.;
station operates on 990 kc., 1 KW (B2-ML-1060) .

Park Cities Broadcasting Corp., Dallas, Texas. — Application for
construction permit for new standard broadcast station to
operate on 710 kc., S KW night and day, directional an¬
tenna nighttime, unlimited time (B3-P-2860).

Midstate Radio Corp., Utica, N, Y. — Application for construction
permit for new standard broadcast station to operate on
1450 kc., 250 watts, unlimited time; transmitter site and
antenna system to be determined subject to Commission’s
approval. Joint hearing with applications of Utica Ob¬
server-Dispatch, Inc. (File No. Bl-P-2702), and Utica
Broadcasting Co., Inc. (Bl-P-3206), for new stations at
Utica to operate on same frequency and same power
(Bl-P-3171).

KGGM — New Mexico Broadcasting Co., Albuquerque, N. M.;
KVSF — New Mexico Broadcasting Co., Santa Fe, N. M. —
Application for construction permit to move transmitter to
North 2nd St., Albuquerque, install new transmitter, change
frequency from 1360 kc. to 590 kc., increase day and
night power from 1 to 5 KW, and install directional antenna
for night use; to be heard jointly with applications of
Arizona Broadcasting Co., Inc. (KVOA), Tucson, Ariz., for
change in frequency from 1390 kc. to 590 kc. on 1 KW,
unlimited time, directional antenna day and night : and
application of KVSF for construction permit to change fre¬
quency from 1840 kc. to 1360 kc., increase power from
100 watts to 1 KW night and day, install new antenna
and move transmitter and studio sites locally.

MISCELLANEOUS

W3XWT — Allen B. DuMont Laboratories, Inc., Washington, D. C.
— Granted modification of construction permit which author¬
ized new television broadcast station, for extension of com¬
mencement and completion dates from January 1, 1941 and
July 1, 1941, to July 1, 1941 and January 1, 1942, respec¬
tively (Bl-MPVB-49).

W47A — The Capitol Broadcasting Co., Inc., Schenectady, N. Y. —
Granted extension of special temporary authority to operate
with main studio at the transmitter of High Frequency
Broadcast Station W47A for a period of 30 days beginning
July 1, 1941, pending completion of STL transmitter at main
studio specified in construction permit.

W9XYH — Head of the Lakes Broadcasting Co., Superior, Wis. —
Granted extension of special temporary authority to operate
a high frequency experimental broadcast station on 43009
kc., 1000 watts, special emission for frequency modulation,
with transmitter located at 39th St. and Tower Ave., Su¬
perior, described as General Electric and Composite 1 KW
amplifier. Type 4-GFlAl, maximum rated carrier power
output 1000 watts, from July 1 to not later than August
30, 1941.

W5lR — Stromberg-Carlson Telephone Mfg. Co., Rochester, N. Y.
— Granted extension of special temporary authority to oper¬
ate frequency modulation station commercially on 45100
kc., special emission for frequency modulation with trans¬
mitter located at 89 East Ave., Rochester, N. Y., described
as R.E.L. Type Cat. No. 519, maximum rated carrier power
3 KW, beginning July 1, 1941, to not later than September

1, 1941, pending completion of construction pursuant to
construction permit.

WlXSO — The Travelers Broadcasting Service Corp., Hartford,
Conn. — Granted extension of special temporary authority to
operate a high frequency experimental broadcast station on
43700 kc., 1000 watts, special emission for frequency modu¬
lation, with transmitter located at Avon, Conn., and de¬
scribed as Composite maximum rated carrier power output
1000 watts, for period July 1, 1941, to not later than
September 1, 1941.

KTRB — KTRB Broadcasting Co., Inc., Modesto, Calif. — Denied
special temporary authority to operate from sign-off (July
7:30 p. m. PST) to the conclusion of the Independence Day
Celebration of Modesto and Stanislaus County, Calif., on
July 3, 4, and 5, 1941, only.

WABY — Adirondack Broadcasting Co., Inc., .Albany, N. Y. —
Granted motion to dismiss without prejudice application
for modification of license to change frequency from 1400
kc. to 1310 kc., using 250 watts, unlimited time (Bl-ML-
1053).

Val Curler Broadcasting Corp., Schenectady, N. Y. — Withdrew
petition to intervene in above matter (WABY), inasmuch
as application was dismissed.

King-Trendle Broadcasting Corp., Detroit, Mich. — Granted motion
to dismiss without prejudice application for construction
permit for new station to operate on 1010 kc., 250 watts,
unlimited time (B2-P-1994).

KWTO — Ozarks Broadcasting Co., Springfield, Mo. — Granted mo¬
tion for continuance of hearing on application for construc¬
tion permit to operate on 560 kc., 1 KW night, 5 KW day.
unlimited time, directional antenna night, from July 7 to
September 5, 1941.

W47.A — Capitol Broadcasting Co., Schenectady, N. Y. — Granted
modification of construction permit which authorized new
high frequency broadcast station, for extension of completion
date from June 30, 1941 to July 31, 1941 (Bl-MPH-32).

WMUR — The Radio Voice of New Hampshire, Inc., Manchester,
N. H. — Granted modification of construction permit for new
broadcast station for extension of completion date from July
1, 1941 to August 15, 1941 (Bl-MP-1347) .

Northern Radio Co., Seattle, Wash. — Granted special temporary
authority to operate 63-watt Northern Electric 395.A Radio¬
telephone aboard Ferryboat Fox Island 224559 on frequency
3090, 3190 or 3830 kc. once only during the period July 1
to July 10, 1941, in order to relay to Station KVOS at
Bellingham, Wash., program in connection with the initial
ferry run between Bellingham and Orcas Island.

WADA — WSAZ, Inc., Huntington, W. Va. — Granted special tem¬
porary authority to operate relay mobile station WADA.
licensed to the Charleston Broadcasting Co., for a series of
special programs consisting of interviews with housewives
of Huntington, W. Va., the program originating in the
studios of WSAZ and being transferred to selected points in
various parts of the city of Huntington, on July 4, 11, 18
and 25, 1941, and August 1, 1941, only.

WEVD — Debs Memorial Radio Fund, Inc., New York City. —
Granted modification of construction permit for installation
of directional antenna for day and night use, increase in
power and install new transmitter, move transmitter, for
1330 kc. and changes in directional antenna, extend com¬
mencement and completion dates from April 18, 1941 and
October 18, 1941 to 60 days after grant and 180 days there¬
after, respectively (Bl-MP-1308) .

KSRO — Ernest L. Finley, Santa, Rosa, Calif. — Granted modifica¬
tion of construction permit which authorized installation
of new transmitter and directional antenna for day and
night use, change in frequency and increase in power, for
installation of new type transmitter, changes in directional
antenna on 1350 kc., and extend commencement and com¬
pletion dates from February 4 and August 4, 1941 to 1 day
after grant and 30 days thereafter, respectively; 1350 kc.,
1 KW, unlimited time, directional antenna dav and night
(B5-MP-1336).

WMMN — Monongahela Valley Broadcasting Co., Fairmont, W. Va.
— Granted modification of construction permit for changes
in directional antenna system, 930 kc., to extend completion
date to 180 days after grant (B2-MP-1295 ) .

W63C— National Broadcasting Co., Inc., Chicago, Ill. — Granted
modification of construction permit for new high frequency
broadcast station, for changes in antenna system and change
type of transmitter (B4-MPH-23).

July 11, 1941 — 601

VVHLN — Blanfox Radio Co., Harlan, Ky. — Granted license to cover
construction permit as modified for new station; Uc.,

2S0 watts, unlimited (B2-L-1438). Granted authority to
determine operating power by direct measurement of an¬
tenna input (B2-Z-1107).

WPTF — WPTF Radio Co., Raleigh, N. C. — Granted license to
cover construction permit as modified to install new trans¬
mitter, increase power from S KW to SO KW, and make
changes in directional antenna for night use only (B3-L-
1430). Granted license to use old RCA Type lOOS-B 5 KW
transmitter as an auxiliary (B3-L-1431). Granted authority
to determine operating power by direct measurement of
antenna input (B3-Z-1024).

KVSF — New Mexico Broadcasting Co., Santa Fe, N, Mex. — Granted
authority to determine operating power by direct measure¬
ment of antenna input (B5-Z-1084).

WPAD — Paducah Broadcasting Co., Inc,, Paducah, Ky. — Granted
authority to determine operating power by direct measure¬
ment of antenna input (K2-Z-1141).

WSYB--Philip Weiss Music Co., Rutland, Vermont — Granted
authority to determine operating power by direct measure¬
ment of antenna input (Hl-Z-1103).

WMGA — Frank R. Pidcock, Sr., N. E. of Moultrie, Ga. — Granted
authority to determine operating power by direct measure¬
ment of antenna input (B3-Z-1114),

WHDF — Upper Michigan Broadcasting Co., Calumet, Mich. —
Granted authority to determine operating power by direct
measurement of antenna input (B2-Z-1091).

WEST — Associated Broadcasters, Inc., Easton, Pa. — Granted au¬
thority to determine operating power by direct measurement
of antenna input (B2-Z-934).

KRIS — Gulf Coast Broadcasting Co,, Corpus Christi, Tex. —
Granted authority to determine operating power by direct
measurement of antenna input (B3-Z-1100).

WAIR — C. G. Hill, George D. Walker, S: Susan H. Walker, Winston-
Salem. N. C. — Granted authority to determine operating
power by direct measurement of antenna input (B3-Z-106S).

KRG\’ — KRGV, Inc., Weslaco, Tex. — Granted authority to de¬
termine operating power by direct measurement of antenna
input (B3-Z-10S9).

WBTM — Piedmont Broadcasting Corp., Danville, Va, — Granted
authority to determine operating power by direct measure¬
ment of antenna input (B2-Z-1C67).

WNLC — Thames Broadcasting Corp., New London, Conn. —
Granted authority to determine operating power by direct
measurement of antenna input (Bl-Z-1113).

KFAM — The Times Publishing Co., St. Cloud, Minn. — Granted
authority to determine operating power by direct measure¬
ment of antenna input (B4-Z-996).

KOVO — Citizens Voice & Air Show, Provo, Utah — Granted au¬
thority to determine operating power by direct measurement
of antenna input (B5-Z-1087).

woe — Tri-City Broadcasting Co., Davenport, Iowa — Granted au¬
thority to determine operating power by direct measurement
of antenna input (B4-Z-10S3).

W'G.UL — WGAL, Inc., Lancaster, Pa. — Granted authority to de¬
termine operating power by direct measurement of antenna
input (B2-Z-932).

WHFC — WHFC, Inc., Cicero, Ill. — Granted authority to determine
operating power bv direct measurement of antenna input
(B4-Z-1036).

WJZ — National Broadcasting Co., Inc., New York, N. Y. —
Granted authority to determine operating power by direct
measurement of antenna input (auxiliary) (Bl-Z-1000).

KGO — National Broadcasting Co., Inc., San Francisco, Calif. —
Granted authority to determine operating power by direct
measurement of antenna input (auxiliary) (BS-Z-1047).

WCMI — The Ashland Broadcasting Co., Ashland, Ky. — Granted
authority to determine operating power by direct measure¬
ment of antenna input (B2-Z-1128),

WIBA — Badger Broadcasting Co., Inc., Madison, Wis. — Granted
authority to determine operating power by direct measure¬
ment of antenna input (B4-Z-1041).

WJ LB— John L. Booth Broadcasting, Inc., Detroit, Mich. — Granted
authority to determine operating power by direct measure¬
ment of antenna input (B2-Z-109S).

KCRJ — Central Arizona Broadcasting Co., Jerome. Ariz. — Granted
authority to determine operating power by direct measure¬
ment of antenna inimt (BS-Z-1122).

KEVR — Evergreen Broadcasting Corp., Seattle, Wash. — Granted
authority to determine operating power by direct measure¬
ment of antenna input (B5-Z-1093).

602 — July 11, 1941

KID — KID Broadcasting Co., Idaho Falls, Idaho — Granted au¬
thority to determine operating power by direct measurement
of antenna input (B5-Z-1076).

WKPT — Kingsport Broadcasting Co., Kingsport, Tenn. — Granted
authority to determine operating power by direct measure¬
ment of antenna input (B3-Z-1061).

WJDX — Lamar Life Insurance Co., Jackson, Miss. — Granted au¬
thority to determine operating power by direct measurement
of antenna input (B3-Z-833).

KYOS — Merced Broadcasting Co., Merced, Calif. — Granted au¬
thority to determine operating power by direct measurement
of antenna input (B5-Z-1077).

WTMV — Mississippi Valley Broadcasting Co., Inc., East St. Louis,
Ill. — Granted authority to determine operating power by
direct measurement of antenna input (B4-Z-1121).

KDON — Monterey Peninsula Broadcasting Co., Monterey, Calif. —
Granted authority to determine operating power by direct
measurement of antenna input (B5-Z-1109).

WSFA — Montgomery Broadcasting Co., Inc., Montgomery, Ala. —
Granted authority to determine operating power by direct
measurement of antenna input (B3-Z-1033).

KTOK — Oklahoma Broadcasting Co., Inc., Oklahoma City, Okla. —
Granted authority to determine operating power by direct
measurement of antenna input (B3-Z-1090).

KFYO — Plains Radio Broadcasting Co., Lubbock, Tex. — Granted
authority to determine operating power by direct measure¬
ment of antenna input (B3-Z-1060).

KGNC — Plains Radio Broadcasting Co., Amarillo, Tex. — Granted
authority to determine operating power by direct measure¬
ment of antenna input (B3-Z-1063).

WHLS — Port Huron Broadcasting Co., Port Huron, Mich. —
Granted authority to determine operating power by direct
measurement of antenna input (B2-Z-1124).

WROK — Rockford Broadcasters, Inc., Rockford, Ill. — Granted au¬
thority to determine operating power by direct measurement
of antenna input (B4-Z-992).

KWJB — Bartley T. Sims, tr/as Sims Broadcasting Co., Globe, Ariz.
— Granted authority to determine operating power by direct
measurement of antenna input (B5-Z-1080).

KL?SD — University of South Dakota, Vermillion, S. D. — Granted
authority to determine operating power by direct measure¬
ment of antenna input (B4-Z-lb44).

KF’PW — Southwestern Hotel Co., Fort Smith, Ark. — Granted au¬
thority to determine operating power by direct measurement
of antenna input (B3-Z-1127).

KTBS — Tri-State Broadcasting System, Inc., Shreveport, La. —
Granted authority to determine operating power by direct
measurement of antenna input (B3-Z-1112).

WGNC — F. C. Todd, Gastonia, N. C. — Granted authority to de¬
termine operating power by direct measurement of antenna
input (B3-Z-1011).

KWLK — Twin City Broadcasting Corp., Longview, Wash. —
Granted authority to determine operating power by direct
measurement of antenna input (B5-Z-1066).

KVEC — The Valley Electric Co., San Luis Obispo, Calif. — Granted
authority to determine operating power by direct measure¬
ment of antenna input (BS-Z-li26).

KXO — Valradio, Inc., El Centro, Calif. — Granted authority to de¬
termine operating power by direct measurement of antenna
input (BS-Z-1129).

WISE — Radio Station WISE. Inc., Asheville, N. C. — Granted au¬
thority to determine operating power by direct measurement
of antenna input (B3-Z-1038).

WCBM — Baltimore Broadcasting Corp., Baltimore, Md. — Granted
authority to determine operating power by direct measure¬
ment of antenna input (Bl-Z-1142).

WORE — Broadcasting Service Organization, Inc., Boston, Mass. —
Granted authority to determine operating power by direct
measurement of antenna input (Bl-Z-1078).

WSOY — Commodore Broadcasting, Inc., Decatur, Ill. — Granted
authority to determine operating power by direct measure¬
ment of antenna input (B4-Z-1120).

WHIS — Daily Telegraph Printing Co., Bluelield, W. Va. — Granted
authority to determine operating power by direct measure¬
ment of antenna input (B2-Z-1072).

WTAL — Florida Capitol Broadcasters, Inc., Tallahassee, Fla. —

\ Granted authority to determine operating power by direct

\ measurement of antenna input (B3-Z-1079).

\WAZL — Hazleton Broadcasting Service, Inc., Hazleton, Pa. —
\ Granted authority to determine operating power by direct
\measurement of antenna input (B2-Z-931)

WLVA — Lynchburg Broadcasting Corp., Lynchburg, Va. — Granted
authority to determine operating power by direct measure¬
ment of antenna input (B2-Z-r070)

KVAK — Carl Latenser, Atchison, Kans. — Granted authority to de¬
termine operating power by direct measurement of antenna
input (B4-Z-1092).

KGGM — New Mexico Broadcasting Co., Albuquerque, N. Mex. —
Granted authority to determine operating power by direct
measurement of antenna input (BS-Z-1106).

James Broadcasting Co., Inc., area of Jamestown, N. Y. — Port¬
able-Mobile. — Granted construction permit for new relay
broadcast station; 30830, 33740, 35830 and 37980 Uc., 25
watts (Bl-PRE-391).

WAUR — University of Illinois, S. of Champaign, Ill. — Granted
construction permit for new relay broadcast station; 1646,
3090, 3190, 3830 kc., 20 watts (B4-PRY-249) .

KAOY — Don Lee Broadcasting System, Portable-Mobile, area of
Los Angeles, Calif. — Granted modification of construction
permit for new relay broadcast station for change in type
of transmitter and extend commencement and completion
dates from December 23, 1940, and June 21, 1941, to 60
davs after grant and 180 days thereafter, respectively
(B3-MPRE-S2).

WJRB — WJR, The Goodwill Station, Detroit, Mich. — Granted
license to cover construction permit for new high frequency
broadcast station to operate on 156075, 157575, 159975,
161935 kc., 100 watts (B2-LRE-348) .

W9XCB — Columbia Broadcasting System, Inc., Chicago, Ill. —
Granted modification of construction permit for new tele¬
vision station for extension of completion date from July
15, 1941, to January 15, 1942 (B4-MPVB-44) .

W3XPP — National Broadcasting Co., Inc., Philadelphia, Pa. —
Granted modification of construction permit for new tele¬
vision station for approval of transmitter site and antenna
system (B2-MPVB-40) .

W2XCB — Columbia Broadcasting System, Inc., area of New York
City, Portable-Mobile. — Granted modification of construc¬
tion permit for new television relay broadcast station, for
extension of completion date from July 7, 1941, to Jan¬
uary 7, 1942 (Bl-MPVB-45).

W6XLA — Television Productions, Inc. (area of Los Angeles,
Cal.), Portable-Mobile. — Granted modification of construc¬
tion permit for new television relay broadcast station for
extension of commencement and completion dates from
January 15, 1941, and July 15, 1941, to June 15, 1941, and
October 15, 1941, respectively (B5-MPVB-46) .

WSRR — Stephen R. Rintoul, Stamford, Conn. — Granted modifi¬
cation of construction permit for new broadcast station for
approval of transmitter site and of antenna (Bl-MP-1306) .

Hagerstown Broadcasting Co., near Hagerstown, Md. — Granted
construction permit for new relay broadcast station; 1633,
3058, 3150, 3790 kc., 50 watts (Bl-PRY-242) .

City of New York; Municipal Broadcasting System, Portable-
Mobile. — Granted construction permit for new relay broad¬
cast station; 1633, 3058, 3150, 3790 kc., 50 watts

(Bl-PRY-238).

City of New York; Municipal Broadcasting System, Portable-
Mobile. — Granted construction permit for new relay broad¬
cast station ; 1633, 3058, 31.50, 3790 kc., 50 watts

(Bl-PRY-239).

WEKG — Paducah Broadcasting Co., Inc., Portable-Mobile, area
of Hopkinsville, Ky. — Granted license to cover construction
permit for new relay broadcast station ; 30830, 33740,
35830. 37980 kc., 15 watts (B2-LRE-346) .

WCBJ — Lehigh Valley Broadcasting Co., area of Allentown, Pa.,
Portable-Mobile. — Granted license to cover construction
permit for new relay broadcast station; 1633, 3058, 3150,
3790 kc., 3 watts (B2-LRY-226) .

WGA.\ — Northwest Georgia Broadcasting Co., Cedartown, Ga. —
Granted modification of construction permit for new sta¬
tion, for changes in transmitting equipment; 1340 kc., 250
watts, unlimited time (B3-MP-1331 ) .

KGHL — Northwestern Auto Supply Co., Inc., Billings, Mont. —
Granted modification of construction permit for installa¬
tion of directional antenna for night use and increase in
power, for extension of completion date from July 16 to
September 16, 1941 ; 790 kc., 5 KW, unlimited time, direc¬
tional antenna night (B5-MP-1339) .

KOAC — Oregon State Agricultural College, Corvallis, Ore. —
Granted modification of construction permit for installation
of new transmitter, directional antenna for day and night

use, increase in power, move transmitter, for extension of
completion date from July 14 to October 14, 1941; 550 kc.,

1 KW, 5 KW LS, unlimited time (B5-MP-1333) .

KFMB — Worcester Broadcasting Corp., San Diego, Calif. — Granted
modification of construction permit for new broadcast sta¬
tion, for approval of vertical antenna, transmitter site,
studio site, and install new transmitter; 1450 kc., 250
watts, unlimited time (B5-MP-1155),

WBZ — Westinghouse Radio Stations, Inc., Boston, Mass. — Granted
license to cover construction permit for new transmitter,
directional antenna for day and night use, and move
(Bl-L-1337). Granted authority to determine operating
power by direct measurement of antenna input (Bl-Z-693).

WISR — Butler Broadcasting Co., Butler, Pa. — Granted modifica¬
tion of construction permit for new station, for approval
of antenna system, studio and transmitter site; 680 kc.,
250 watts, daytime (B2-MP-1317) .

KFUO — Evangelical Lutheran Synod of Missouri, Ohio and other
States, Clayton, Mo. — Granted modification of construction
permit for installation of new transmitter and vertical
radiator and increase in power, for extension of completion
date from July 13 to August 13, 1941 (B4-MP-1334) .

WOSU — The Ohio State University, Columbus, Ohio. — Granted
modification of construction permit for new transmitter,
change in frequency, increase in power, for installation of
new transmitter and extend commencement and completion
dates to 30 days after grant and 90 days thereafter, re¬
spectively; 830 kc., 5 KW, limited (B2-MP-1330) .

KECA — Earle C. Anthony, Inc., Los Angeles, Calif. — Granted
license to cover construction permit for increase in power
and directional antenna for night use; 790 kc., 5 KW,
directional antenna night, unlimited (B5-L-1435). Granted
authority to determine operating power by direct measure¬
ment of antenna input (B5-Z-1073).

W.AAT — Bremer Broadcasting Corp., Jersey City, N. J. — Granted
license to cover construction permit as modified to install
new transmitter, directional antenna for use at night,
change hours of operation to unlimited, increase power
from 500 watts to 1 KW day and night, and move trans¬
mitter (Bl-L-1439). Granted authority to determine
operating power by direct measurement of antenna input
(Bl-Z-1137).

WSVA — Shenandoah Valley Broadcasting Corp., Harrisonburg,
Va. — Granted authority to determine operating power by
direct measurement of antenna input (B2-Z-971).

W2XDY — General Electric Co., New Scotland, N. Y. — Granted
extension of special temporary authority to operate a high
frequency experimental broadcast station on 43300 kc..
2500 watts, special emission for frequency modulation, with
transmitter located at New Scotland, N. Y., and described
as General Electric, Type GF103A, Exciter 4GF1A1, Am¬
plifier 4.4F2A1, maximum rated carrier power output 2500
watts, for period June 29, 1941, to not later than Tulv
29, 1941.

WRR — City of Dallas, Tex. — Granted modification of construction
permit which authorized new transmitter, installation of
directional antenna for night use, increase in power, and
move, for extension of completion date from June 30 to
September 30, 1941 ; 1380 kc., 5 KW, directional antenna
night, unlimited (B3-MP-1323) .

WPBL — Pensacola Broadcasting Co., Pensacola, Fla. — Granted
special temporary authority to operate already licensed Ship
Station WFLT aboard the yacht Celestine, owned by Brown
Rainwater of Pensacola, Fla., as a relay broadcast station
on 1633, 3058, 3150, and 3790 kc. in order to relay broad¬
cast program in connection with the Annual Fishing Rodeo
to Station WCOA on July 4 and 5, 1941, only,

WDAY — WDAY, Inc., Fargo, N. D. — Granted special temporary
authority to operate with directional antenna during day¬
time for a period not to exceed 15 days in order to make
field intensity coverage survey.

KWAT — Midland National Life Insurance Co., Watertown, S. D. —
Granted special temporary authority to remain silent after
4 p. m., CST, on July 4, 1941, only, in order to observe
Independence Day.

KTRB — KTRB Broadcasting Co., Inc., Modesto, Calif. — Upon
consideration of request for reconsideration and grant con¬
ditioned upon operation with 200 watts power, granted
special temporary authority to operate with power of 200
watts from sign-off (July 7:30 p. m., PST) to conclusion

July 11, 1941 — 603

of the Independence Day Celebration of Modesto and Stanis¬
laus County, Calif,, on July 3, 4, and 5, 1941, only.

WHKC — United Broadcasting Co., Columbus, Ohio. — Granted
special temporary authority to remain on the air from
regular sign-off time (10 p. m., EST) to the conclusion of
the Fritzie Zivic-Al Davis fight on July 2, 1941, only, in
the event this bout should run later than 10 p. m.

KFXM — Lee Bros. Broadcasting Co., San Bernardino, Calif. —
Granted special temporary authority to operate simulta¬
neously with Station KPPC from regular sign-off time (7
p. m., PST) to conclusion of the Fritzie Zivic-Bummy Davis
fight on July 2, 1941, only, in the event this bout should
run later than 7 p. m.

W49D — John Lord Booth, Detroit, Mich. — Granted extension of
special temporary authority to operate on RCA 1 KW trans¬
mitter on 44900 kc. and a temporary antenna for period
July 6 to not later than September 4, 1941, pending com¬
pletion of construction in accordance with permit.

Chattahoochee Broadcasting Co., Columbus, Ga. — Placed in pend¬
ing files pursuant to Order No, 79, the application for con¬
struction permit for new standard broadcast station to
operate on 1450 kc., 2S0 watts, unlimited time (B3-P-3023).

Fairfield Broadcasting Corp., Lancaster, Ohio. — Placed in pending
files pursuant to Order No. 79, application for construction
permit for new standard broadcast station to operate on
880 kc., 1 KW, daytime only, exact site subject to approval
by Commission (B2-P-2976).

KTBC — State Capital Broadcasting Assn., Inc., Austin, Texas. —
Placed in pending files pursuant to Order No. 79, application
for consent to transfer of control of State Capital Broad¬
casting Assn., Inc., licensee of station KTBC, from R. B.
Anderson, R. A. Stuart, and A. W. Walker, Jr., to J. M.
West, J. Marion West and P. M. Stevenson (B3-TC-207).

APPLICATIONS FILED AT FCC

550 Kilocycles

NEW — Bob Jones College, Inc., Cleveland, Tenn. — Construction
permit for a new broadcast station to be operated on 550
kc., 1 KW, daytime.

570 Kilocycles

WSYR — Central New York Broadcasting Corp., Syracuse, N. Y.—
Modification of construction permit (Bl-P-2706) for in¬
stallation of new transmitter, changes in directional antenna
for day and night use, and increase in power from 1 to 5
KW, requesting changes in directional antenna and exten¬
sion of completion date to 180 days after grant.

WKBN — WKBN Broadcasting Corp., Youngstown, Ohio. — Modifi¬
cation of construction permit (B2-P-2S47) for new trans¬
mitter, installation of directional antenna for night use,
increase in power, and change in hours, requesting authority
to install new transmitter.

590 Kilocycles

KGMB — Hawaiian Broadcasting System, Ltd., Honolulu, T. H. —
License to cover construction permit (B-P-3069) for move
of formerly licensed RCA 1-D, 1-KW transmitter for use
as auxiliary transmitter.

610 Kilocycles

WMUR — The Radio Voice of New Hampshire, Inc., Manchester,
N. H. — Modification of construction permit (Bl-P-2897)
as modified, for a new broadcast station, requesting exten¬
sion of completion date from 7-1-41 to 8-15-41.

WCKY — L. B. Wilson, Inc., Cincinnati, Ohio. — Construction per¬
mit to make changes in directional antenna system, change
frequency from 1580 to 640 kc., and change transmitter
site from near Crescent Springs, Ky., to near New Burling¬
ton, Ohio, contingent on WCLE’s change to 600 kc. and
WHKC’s change to 610 kc.

620 Kilocycles

NEW — Yankee Broadcasting Co., Inc., New York, N. Y. — Con¬
struction permit for a new broadcast station to be operated
on 620 kc., 1 KW, unlimited time, directional antenna for
day and night use. Amended: re directional antenna.

604 — July 11, 1941

640 Kilocycles

NEW — Northern Ohio Broadcasting Co., Elyria, Ohio. — Construc¬
tion permit for a new broadcast station to be operated on
640 kc., 1 KW, limited time (S-KFI), contingent on grant
of WHKC’s application (B2-P-2833) for change in fre¬
quency; facilities of WHKC requested. Amended: to omit
request for sharing time with KFI, request facilities of
WCLE, and specify studio site.

700 Kilocycles

WLW — The Crosley Corp., Cincinnati, Ohio. — Construction per¬
mit to increase power from SO to 650 KW, make changes
in WSXO’s transmitter for use by WLW, and install direc¬
tional antenna for night use.

710 Kilocycles

KIRO — Queen City Broadcasting Co., Seattle, Wash. — License to
cover construction permit (BS-P-2437) as modified, for new
transmitter, installation of directional antenna for day and
night use, increase in power from 1 to 50 KW, and move
of transmitter.

KIRO — Queen City Broadcasting Co., Seattle, Wash. — Authority
to determine operating power by direct method.

790 Kilocycles

KECA — Earle C. Anthony, Inc., Los Angeles, Calif. — Authority to
determine operating power by direct method. (Auxiliary
transmitter.)

830 Kilocycles

WCCO — Columbia Broadcasting System, Inc., Minneapolis, Minn.
— Authority to install new automatic frequency control
equipment.

910 Kilocycles

WMAS — WMAS, Inc., Springfield, Mass. — Construction permit
for increase in power from 250 watts to 1 KW, change in
frequency from 1450 kc. to 910 kc., install new trans¬
mitter and directional antenna for day and night use, and
change transmitter site from Springfield to West Spring-
field, Massachusetts.

KVAN — Vancouver Radio Corp., A'ancouver, Wash. — Authority
to transfer control of corporation to Sheldon F. Sackett by
transferring 5 shares of stock from D. Elwood Caples.

950 Kilocycles

KOMO — Fisher’s Blend Station, Inc., Seattle, Wash. — License to
cover construction permit (B5-P-2848) as modified, for in¬
crease in power and installation of directional antenna for
night use.

KQMO — Fisher’s Blend Station, Inc., Seattle, Wash. — Authority
to determine operating power by direct method.

980 Kilocycles

WRC — National Broadcasting Co., Inc., Washington, D. C. —
License to cover construction permit (Bl-P-243) as modi¬
fied, for increase in power and installation of directional
antenna for night use.

WRC — National Broadcasting Co., Inc., Washington, D. C. —
Authority to determine operating power by direct method.

1080 Kilocycles

WCAZ — Superior Broadcasting Service, Inc., Carthage, Ill. — Con¬
struction permit to make changes in equipment and increase
power from 100 to 250 watts.

1110 Kilocycles

WCBD — WCBD, Inc., Chicago, Ill. — License to cover construction
permit (B4-P-2974) as modified, for change in frequency
and change in hours of operation.

WCBD — WCBD, Inc., Chicago, Ill. — Authority to determine

\ operating power by direct method.

\ 1140 Kilocycles

KSqO — Sioux Falls Broadcast Association, Inc., Sioux Falls, S. D.
— Construction permit to change power from 5 to 10 KW,

time from limited to unlimited, change directional antenna,
and move transmitter. Amended: To make changes in
directional antenna.

1170 Kilocycles

WWVA — West Virginia Broadcasting Corp., Wheeling, W. Va. —
Special service authorization to operate on 1170 kc., S
KW, unlimited time, for period ending 2-1-42.

1180 Kilocycles

KOB — Albuquerque Broadcasting Co., Albuquerque, N. M. —
Modification of construction permit (BS-P-2783) as modi¬
fied, for a new transmitter and increase in power from 10
to SO KW, requesting extension of completion date from

7- 6-41 to 8-5-41.

1230 Kilocycles

WJBW — Charles C. Carlson, New Orleans, La. — Authority to de¬
termine operating power by direct method.

WJOB — O. E. Richardson and Fred L. Adair, Hammond, Ind. —
Construction permit to change transmitter and studio loca¬
tions and install new antenna.

WKBO — Keystone Broadcasting Corp., Harrisburg, Pa. — Authority
to determine operating power by direct method.

1240 Kilocycles

NEW — Key Broadcasters, Inc., Wilkes-Barre, Pa. — Construction
permit for a new broadcast station to be operated on
1240 kc., 250 watts, unlimited time, facilities vacated by
WBAX.

KFXM — J. C. Lee and E. W. Lee (Lee Brothers Broadcasting
Co.), San Bernardino, Calif. — Voluntary assignment of
license from J. C. Lee and E. W. Lee (Lee Brothers Broad¬
casting Co.) to Tri-City Broadcasting Co.

1260 Kilocycles

WOL — American Broadcasting Co., Washington, D. C. — Con¬
struction permit to make changes in directional antenna
system.

1270 Kilocycles

KFJZ — Tarrant Broadcasting Co., Forth Worth, Texas. — Modifi¬
cation of construction permit (B3-P-2497) as modified, for
new transmitter, increase in power from 1 to 5 KW, in¬
stallation of directional antenna, and move of transmitter,
requesting change in frequency under NARBA from 1240
kc. to 1270 kc., make changes in directional antenna, and
extension of completion date to 120 days after grant.

1280 Kilocycles

WKST — WKST, Inc., New Castle, Pa. — License to cover construc¬
tion permit (B2-P-2809) as modified, for installation of
directional antenna for night use, increase in hours of
operation and power, and change in frequency under
NARBA.

WKST — WKST, Inc., New Castle, Pa. — Authority to determine
operating power by direct method.

1340 Kilocycles

WTAL — Florida Capital Broadcasters, Inc., Tallahassee, Fla. — Li¬
cense to cover construction permit (B3-P-3175) for changes
in transmitting equipment.

1360 Kilocycles

KMO — Carl E. Haymond, Tacoma, Wash. — Modification of con¬
struction permit (BS-P-2707) as modified, for new trans¬
mitter, increase in power from 1 to 5 KW, and change in
antenna, requesting extension of completion date from

8- 22-41 to 10-22-41.

FM APPLICATIONS

W71SB — South Bend Tribune, South Bend, Ind. — Modification
of construction permit (B4-PH-34) for a new high fre¬
quency broadcast station, requesting change in transmitter

location, antenna system, and transmitter, increase in cover¬
age from 4,300 to 7,090 square miles, and extension of
commencement and completion dates from 4-4-41 and
10-4-41 to 60 days after grant and 180 days thereafter,
respectively.

NEW — Portland Broadcasting System, Inc., Falmouth, Maine. —
Construction permit for a new high frequency broadcast
station to be operated on 47400 kc. ; coverage: 5,050 square
miles; population: 256,466.

W47A — Capitol Broadcasting Co., Inc., New Scotland, N. Y. —
Modification of construction permit (Bl-PH-23) for a new
high frequency broadcast station, requesting extension of
completion date from 6-30-41 to 7-31-41.

TELEVISION APPLICATIONS

NEW — Philco Radio and Television Corp., Philadelphia, Pa. —
Construction permit for a new commercial television broad¬
cast station (formerly W3XE) to be operated on Channel
#3, 66000-72000 Itc.. A5 and special emission for frequency
modulation, unlimited time.

NEW — General Electric Co., New Scotland, N. Y. — Construction
permit for a new commercial television broadcast station
(formerly W2XB) to be operated on Channel #3, 66000-
72000 kc., A5 and special emission for frequency modula¬
tion, unlimited time.

NEW — National Broadcasting Co., Inc., Washington, D. C. — Con¬
struction permit for a new commercial television broadcast
station (formerly W3XMB) to be operated on Channel #2,
60000-66000 kc., A5 and special emission for frequency
modulation, unlimited time.

W3XWT — Allen B. DuMont Laboratories, Inc., Washington, D, C.
— Modification of construction permit (Bl-PVB-31) as
modified, for a new television station, requesting extension
of commencement and completion dates from 1-1-41 and
7-1-41 to 7-1-41 and 1-1-42, respectively,

MISCELLANEOUS APPLICATIONS

NEW — Westinghouse Radio Stations, Inc., Portable-Mobile. —
Construction permit for a new relay broadcast station to be
operated on 34220, 35620, 37020, and 39260 kc., power of
2 watts, A3 emission.

NEW — Westinghouse Radio Stations, Inc., Portable-Mobile. —
License to cover construction permit (B2-PRE-392) for a
new relay broadcast station.

NEW — Westinghouse Radio Stations, Inc., Hull, Mass. — Construc¬
tion permit for a new developmental broadcast station to
be operated on 9570 kc., 700 watts, AO and A1 emission,
limited to WBOS.

FEDERAL TRADE
COMMISSION ACTION

COMPLAINTS

Federal Trade Commission has alleged unfair competition against
the following firms. The respondents will be given an oppor¬
tunity to show cause why cease and desist orders should not be
issued against them.

American Association of Law Book Pnblishers — Twenty-
eight publishers and distributors of lav/ books and other legal pub¬
lications are charged, in a complaint, with engaging in a combina¬
tion to suppress and restrain competition in the sale of their prod¬
ucts by price fixing and other practices. The complaint also charges
their trade association, the American Association of Law Book Pub¬
lishers, Rochester, N. Y., and its officers, with aiding the respond¬
ents in carrying out their undertakings, (4526)

Colonnade Advertising Agency — Ferd T. Hopkins, trading
as D. Watson & Company and as Colonnade Advertising Agency,
430 Lafayette Street, New York City, is charged in a complaint

July 11, 1941 — 605

with misrepresentation in the sale and distribution of a medicinal
preparation advertised as “Dr. J. Lariviere’s Vegetable Compound.”
(4527)

fabrics, has represented that certain of its fabrics are “sunfast,”
“tubfast,” “fadeless” or “washable” when, in fact, they will change
or lose color when exposed to sunlight and otherwise deviate from
their original colors or designs when washed or laundered. (4310)

Louis A. Walton Co., 407 South Market Street, Chicago,
Kling Bros, & Co., Inc., 333 West Van Buren Street, Chicago, and
Leopold Kling and Samuel Kling, individually and as officers of the
corporations, are charged in a complaint with misrepresentation in
the sale of clothing. The Louis A. Walton Co. is a wholly owned
subsidiary of Kling Bros. & Co., Inc., and is operated as a depart¬
ment of that company. (4528)

CEASE AND DESIST ORDERS

Weliwortli Sales Company— Orders prohibiting the use of
lottery methods in connection with the sale of merchandise to ulti¬
mate consumers have been issued against Isidore Halperin and
Morris Orenstein, trading as Wellworth Sales Co., New York, and
Acme Premium Supply Corporation, St. Louis, distributors of
novelty merchandise; H. W. Lay & Co., Inc., Atlanta, distributor of
food products; and P. D. Meadors and M. M. Meadors, trading
as Meadors Manufacturing Co., Greenville, S. C., candy and nut
product manufacturers. (3470-4198-4439-4473)

Commission has issued the following cease and desist orders:

STIPULATIONS

General Grocer Co., St. Louis food wholesaler, has been
ordered to cease violations of the brokerage provision of the Robin-
son-Patman Act.

Commission findings are that the respondent corporation, in con¬
nection with purchasing its commodity requirements, received and
accepted substantial allowances and discounts in lieu of brokerage
from the sellers. (4281)

Ily-Phen Corp<»ration, Matoaka, W. Va., successor to Bradley’s
Laboratory, Inc., has been ordered to cease and desist from mis¬
representation in the sale of “Hy-Phen,” a medicinal product.

The Commission finds that through advertisements in newspapers,
radio continuities and other means, the respondent has represented
that the preparation will prevent colds; is a cure or remedy for
colds and is a competent and effective treatment for toothache,
neuralgia, and other pains and ailments and that it will relieve
the pain attendant upon such conditions more quickly and for a
longer period of time than any other preparation. (4418)

During the past week the Commission has entered into the
following stipulations:

Allergy Research Institute, Inc., 809 Walnut St., Cincinnati,
has entered into a stipulation to cease certain representations in
the sale of devices advertised as being effective in the treatment
of hay fever, rose fever and seasonal asthma. (02825)

Derby Knitting Mills, Inc., 122 Fifth Ave., New York, manu¬
facturer of men’s hosiery, has entered into a stipulation to cease
certain representations in the sale of its product.

The stipulation recites that the respondent caused labels bearing
the words “Genuine English Ribbed” to be affixed to hosiery
knitted by it in the United States on machines of English style or
manufacture, and that the respondent more recently used stencils
on the hosiery prominently displaying the words “Genuine English
Ribbed”, followed by the words “Made in U.S.A.”, printed in
much smaller letters and less prominent form. (3161)

Pine Hill Lime & Stone Company — Nineteen southern pro¬
ducers of lime and Hal S. Covert, of Knoxville, Tenn., their former
paid representative, have been ordered to cease and desist from
engaging in a combination or conspiracy to maintain a delivered
price system for their products.

The respondent producers are: Pine Hill Lime & Stone Co., Pine
Hill, Ky.; Southern States Lime Corp., Charleston, S. C., and Crab
Orchard, Tenn.; Gager Lime Manufacturing Co., Chattanooga and
Sherwood, Tenn.; Knoxville Lime Manufacturing Co., Knoxville,
Tenn.; Longview-Saginaw Lime Works, Inc., Birmingham, Long
\'iew, and Saginaw, .Ala.; Cheney Lime & Cement Co., Birmingham,
Landmark, and Greystone, Ala.; Ladd Lime & Stone Co., Carters-
ville, Ga.; Virginia Lime Products Co., Inc., Eagle Rock, Va.; Kim-
balton Lime Co., Inc., Shawsville, Va.; Eagle Rock Lime Co., Eagle
Rock, Va.; Williams Lime Manufacturing Co., Knoxville, Tenn,;
Florida Lime Products Co., Inc,, Ocala, Pla.; Dixie Lime Products
Co., Ocala, Fla.; Keystone Lime Works, Inc., Keystone, Ala.; M. J.
Grove Lime Co., Lime Kiln, Bonsville and Frederick, Md., and
Stevensville, Va.; Ripplemead Lime Co,, Inc., Ripplemead, Va.;
Riverton Lime &■ Stone Co,, Riverton, Va.; Jesse .Allen Lime Co.,
Burns, Tenn., and George L. Scott, Sr., trading as Alabaster Lime
Co., Siluria, Ala.

Commission findings are that the respondents’ system of identical
delivered prices was based on the use of a number of so-called basing
points whereby all delivered prices were calculated as though ship¬
ments were made by rail from a single basing point or from points
having a common or the same freight rate to the respective desti¬
nation or destinations. (3591)

Lloyd’s — John M. Lloyd, trading as Lloyd’s, Kansas City, Mo.,
has entered into a stipulation to cease and desist from certain
representations in the sale of textile fabrics.

Under his stipulation, the respondent agrees to cease advertis¬
ing, branding, labeling, invoicing or selling products composed
wholly or partly of rayon without clearly disclosing the rayon
content by use of the word “Rayon,” and without disclosing in
type equally conspicuous as the word “Rayon” each constituent
fiber in the order of its predominance by weight when a product
consists partly of rayon and partly of other fibers or materials.
(3158)

W. H. Long Company — W. H. Long, trading as W. H. Long
Company, Chicago, engaged in the sale and distribution of office
equipment and supplies, including fluorescent lighting fixtures and
bulbs, has entered into a stipulation in which he agrees to cease
and desist, in connection with the sale and distribution of his
products, from representing that the use of “Fluorescent Daylight
Lights” will “Cut Your Electric Bills as much as 85%;” that a
“15 Watt UNIT will replace any incandescent bulb up to 100
Watts,” or that “a double 18” — “30 Watt UNIT replaces any
incandescent bulb up to 200 Watts;” and from any other in¬
accurate, exaggerated or misleading statements tending to confuse
or mislead purchasers. (3160)

J. IL Tliorp & Co., Inc., 250 Park Avenue, New York City,
has been ordered to cease and desist from certain misrepresentations
in the sale of textile fabrics.

The Commission finds that the respondent, which has a branch
office and place of business at 10 East 34th St., New York City,
and is a seller and distributor of various grades and types of textile

606 — July 11, 1941

Miiltiprint Company — Nettie M. Gorov, trading as Multiprint
Company, 666 Lake Shore Drive, Chicago, enga,ged in the produc-
\tion of illustrative pictures for use by manufacturers of and

S;rs in furniture, machinery and other products, has entered
a stipulation in which she agrees in connection with the ad¬
vertisement, offering for sale, sale or distribution of her products

in commerce to cease and desist from the use of the word “Photo”
or the word “Photograph” as descriptive of reprints of photo¬
graphs; and from the use of the word “Photo” or the word
“Photograph” or of any other words of similar import in re¬
ferring to her products, the effect of which may tend to convey
the belief to purchasers or prospective customers that the products
are photographs. (3157)

National Stamping & Electric Works, 3212 West Lake St.,
Chicago, stipulated that it will cease certain representations in
the sale of electrical heating pads.

The respondent agrees that in the sale of electrical heating pads
not equipped with three or more adequate thermostatic or other
heat controls calibrated for three distinct temperatures, it will
cease using the words “three-heat” as descriptive of the pads or
the switches used in connection with them. (3162)

Storm Flooring Company, Inc., 2500 Park Avenue, New York
City, engaged in the sale and distribution of flooring and related

products, has entered into a stipulation with the Federal Trade
Commission in which it agrees to cease and desist from the use
of the word “Producers” or “Mills” on its stationery or in its
advertising or other printed matter as descriptive of its business,
and from the use of any representation, statement or depiction in
any way so as to imply that it produces or manufactures such
products or that it actually owns and operates or directly and
absolutely controls a mill, factory or plant in which such products
are produced or manufactured. (3159)

FTC CASE DISMISSED

The Federal Trade Commission dismissed without prejudice a
complaint which had charged Lightfoot Schultz Co., New York,
Continental Blade Corporation, Brooklyn, and Lawrence Distribut¬
ing Corporation, Brooklyn, with violation of the Federal Trade
Commission Act in the sale of soaps.

July 11, 1941 — 607

■ i'-

*1

Cl

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Vifl

ii*

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1

j

1626 K STREET, N. W.

WASHINGTON, D. C.

Vol. 9, No. 28, July 18, 1941

ANPA INTERVENES

On Tuesday, July IS, the American Newspaper Publishers
Association filed a motion to have the FCC vacate Orders No. 79
and No. 79-A (the "newspaper hearing” orders) and terminate
the proceedings. No action had been taken by the Commis¬
sion through July 17, with the hearings themselves scheduled
to begin next Wednesday, July 23, at 10 a. m.

.\NP.4 contends that the Commission is without power under
the Constitution to lay down a policy, the purpose of which
is to bar persons, firms or corporations engaged in the news¬
paper publishing business from engaging in the radio broadcast
business, and that the terms of the Communications Act pro¬
hibit it from laying down such a policy.

The FCC announced that the public hearing, scheduled to
begin next Wednesday, July 23. in connection wdth its inquiry
into newspaper operation of radio stations, will be held in the
auditorium of the National Archives Building. Pennsylvania
Avenue at Seventh Street, Northwest, with entrance on Penn¬
sylvania Avenue. Daily sessions will open at 10 A. M. and
close at 4:30 P. M.

DEFENSE PROGRAM PRIORITIES

The broadcasting industry is going to give priority to those
government programs dealing with the essentials of national
defense.

This was the opinion of the NAB National Defense Commit¬
tee, following the adoption of a “priorities” resolution for the
guidance of the industry.

The committee pointed out that governmental agencies had
made so many requests for time on the air that many stations
w'ere finding it impossible to grant all of them and, at the
same time, to preserve a balanced program service. Such a
balanced program service was necessary, the committee said,
to continue to attract and hold the large listening audiences,
w'ithout which governmental programs and announcements W'ould
be ineffective.

Therefore, the committee recommended that all stations give
priority to governmental programs in substantially the follow¬
ing order:

(1) Enlistment of man power for both the armed services
and national defense industries.

(2) Defense financing, such as the sale of Defense Bonds.

(3) Morale building.

(4) Activities of government agencies not primarily connected
with national defense.

The committee also approved the resolution adopted by the
N.AB Executive Committee reaffirming “the industry’s desire
to continue its present practice of making its facilities available
at no cost to government agencies engaged in promoting the
national defense program.”

.■\mong other aspects of the relationship between radio and
the defense program discussed at the committee’s two-day meet¬
ing was the development of an adequate supply of radio
technicians for both the government and the industry. The
committee advised both the War and Navy departments that

the industry was ready to do its part in a large-scale training
program to help fill any need.

The N.^B National Defense Committee was appointed to
assist in making effective radio’s “all-out-for-defense” resolution
adopted at the NAB convention last May in St. Louis:

“The National Association of Broadcasters reaffirms its posi¬
tion expressed at the time of its 1940 convention with reference
to its desire and intention to cooperate in every manner possible
with the Federal Government in presenting a united front in the
defense of our free institutions and reiterates its desire to co¬
operate in the coordination and promotion of the country’s
defense activities.”

John Shepard 3rd, of Boston, Mass., Yankee Network, is
committee chairman. Other members are: FI. Vernon Anderson,
WJBO; Leo. J. Fitzpatrick. WJR; J. F'letcher, WR.\L; Ben
Ludy, WIBW; F. M. Russell, NBC, and Harry Butcher, CBS.

DEFENSE RESOLUTION

Whereas, in accordance with its traditional policy of public
service, the radio broadcasting industry is assisting the National
Defense Program of our country; and

Whereas a large number of governmental agencies are increas¬
ingly requesting time on the stations of the nation to broadcast
programs and announcements; and

Whereas so many requests in fact have been made that many
stations are finding it impossible to grant all of said requests and
at the same time maintain balanced program service to the listening
public; and

Whereas the N.4B National Defense Committee recognizes that
each station desires to carry as many programs and announce¬
ments from governmental agencies as possible, consistent with the
imperative obligation of each station to maintain well balanced
program service that will continue to attract and hold large
listening audiences, without which governmental programs and
announcements would lose much of their listener attention and
effect ;

Therefore it appears to be desirable to recommend to the
stations a general classification indicating which government pro¬
grams and announcements should be given priority;

Now Therefore Be It Resolved, that the N.AB National
Defense Committee recommends to the various stations throughout
the country that programs submitted by governmental agencies
be given priority substantially in the following order, to wit:

A — Man power:

(1) Enlistment in armed forces — .Army, Navy, Marine Corps

(2) Civilian employment in National Defense Agencies

(3) Civilian training for national defense jobs in private
industry

(4) Employment or enlistment in government agencies such
as Maritime Service

B — Defense Financing

C — Morale

D — .Activities of government agencies not primarily connected

with National Defense.

It is recognized that broadcast discussions of public questions
are essential to the proper functioning of the democratic process.

(Continued on page 610)

July 18, 1941 — 609

1626 K St., N. W.

WASHINGTON

Phone NAtiona! 2080

Neville Miller, President C. E. Arney, Jr., Assistant to President

Edward M. Kirby, Director of Public Relations ; Joseph L. Miller,
Director of Labor Relations ; Frank E. Pellegrin, Director of
Broadcast Advertising ; Paul F. Peter, Director of Research :
Russell P. Place, Counsel; Lynne C. Smeby, Director of Engineering

DEFENSE RESOLUTION
(Continued from page 609)

Nothing in this recommendation should be construed as modify¬
ing in any manner the industry policy as set out in the Code of the
NAB to fairly present both sides of controversial subject.

Resolved Further, that this resolution be brought to the atten¬
tion of all governmental agencies -which publicize governmental
activities and that the NAB Defense Committee cooperate with
the various governmental agencies to accomplish the most effective
use of radio for National Defense;

Resolved F'urtiier, that this committee recognizes that au¬
thority to accept or reject programs is properly vested in each
station licensee and that good judgment will be exercised in the
interest of the broadcast and most effective cooperation for the
public welfare.

On July 15, the Executive Committee adopted the following
resolution:

The executive committee of the NAB, meeting in Washington
Monday, issued the following statement in order to clarify the
industry’s current position on the promotion of defense activities;

"In view of current trade publicity being given to a proposed
advertising campaign in behalf of the Navy Department to be
jilaced thru one of the large advertising agencies, the Executive
Committee feels that the purchase of time by defense agencies
might tend to restrict rather than enhance the most effective
utilization of broadcasting during the present emergency.

"'riierefore we wish at this time to reaffirm the industry’s desire
to continue its present practice of making its facilities available
at no cost to Government agencies engaged in promoting the
national defense program.

"To inform the public of the industry’s position, it is suggested
that an announcement that all Government defense programs being
carried without charge be used once each day by all cooperating
stations.”

WKWK, Wheeling, W. Va.
WSMB, New Orleans, La.
WRLC, Toccoa, Ga.
WMUR, Manchester, N, H.
W-5S-M, Milwaukee, Wis.
WJMA, Covington, \'a.
WHIP — Hammond, Ind.
WABI, Bangor, Maine
RGBS, Harlingen, Texas
WEDC, Chicago, III.

KF'BB, Great Falls, Mont.
K\’NU, Logan, Utah
WAGE, Syracuse, N. Y.

WP.AD, Paducah, Ky.
WMA’.A, Martinsville, Va.
WLAG, La Grange, Ga.
KSWO, Lawton, Okla.
WHLN, Harlan, Ky.
WMRF, Lewistown, Pa.
W-Sl-R, Rochester, N. Y.
W-47-A, Schenectady, N. Y.
WERC, Erie, Pa.

WIAG, Norfolk, Neb.
WNEW, New York, N. Y.
WMIS, Natchez, Miss.
WHIS, Bluefield, W. Va.

Within a week of the release of ratification forms for the current
blanket license, more than 80 per cent had been signed and returned.

Invitation

Broadcasters and program directors seeking ideas and variety
for their new musical programs are cordially invited to write to
M. E. Tompkins, BMPs Vice President and General Manager.
Mr. Tompkins regards the BMI catalogues as veritable treasure
chests of beautiful music and is always interested in solving difficult
program problems.

Band and Orchestra Catalogue

New BMI Band and Orchestra Catalogue has been issued,
listing the music and arrangements of approximately 2500 com¬
positions copyrighted since the formation of Broadcast Music,
Inc. The catalogue is divided into three sections, (1) band
music, (2) orchestra music, (5) string orchestra music.

F’oreword to the 48-page booklet calls attention to BMI’s
Sweet Swing Series of familiar classics, arranged in modern
manner by Jerry Sears. Fifty-three of these arrangements are
offered. BMI cross-cueing’ is carefully explained and, it is
pointed out, BMI is supplying material which can be played by
any combination of instruments.

"Instrumentation for the BMI Orchestral Library is uniform”,
the catalogue explains. ‘’‘The fundamental sketch for each
selection has been prepared with a view to retaining the style
of the original work. With the system of cross-cueing, any
combination of instruments ranging from string trio to full
symphony orchestra will find the selections in the BMI
Orchestral Library easy to read and effective in performance.”

Listed is the first of the BMI Modern American Classics,
.Arthur Gutman’s “First Suite for String Orchestra’’ . Mr. Gut¬
man, head of BMPs .Arranging Department, is known as a
writer of modern music and many of his compositions have been
performed by leading symphonic groups throughout the country.

MEMBERS OF THE EXECUTIVE
COMMITTEE

James 1). Shouse, WLW ; Paul W. Morency, WTIC ; Don S.
Elias, WWNC; John J. Gillin, Jr., WOW; John Elmer, WCBM;
William H. West, WTMV.

BMI NOTES

NEW ARRIVALS

It may be interesting to broadcasters to know that the BMI
family has had thirty-two new arrivals since the end of the first
BMI year (.April 1, 1941) and now totals 66,1, exclusive of non¬
commercial stations. They are:

KVSO, .Ardmore, Okla. WHOP, Hopkinsville, Ky.

KLUF’, Galveston, Texas WP.AT, Paterson, N. J.

KBIZ, Ottumwa, Iowa WWDC, Washington, D. C.

610-j uly 18, 1941

ASCAP Attacks

ASCAP has made several vicious and totally uncalled for
attacks on BMI recently and has presented a list of questions
for BMI to answer. These questions are of the “have you
stopped beating your wife” variety and BMI has no intention
of answering them. Wffi have read the ASCAP releases and
checked on the figures offered in regard to BMPs financial life
and find that without exception the figures are inaccurate.

BMI’s Gift to Vocalists

By making available new lyrics to familiar tunes, which either
have no lyrics or have stilted lyrics, BMI is enriching the re¬
pertoire of vocalists. Some 275 such lyrics are wedded to
beautiful melodies and provide a useful reservoir for program
directors in search of new material. Among the masterpieces
which now have words as a result of this phase of BMI’s ac¬
tivity are: Valse Bluette, Under the Leaves, Pendant Le Bal,
Scarf Dance, Au Printemps, Skater’s Walts, and Le Secret.

Traditional .American favorites which have thereby received
verses include Turkey In the Straw, and Home On the Range,

which no longer consists of the one lonely public domain verse
containing the line, “Where seldom is heard a discouraging
word.”

The following lyric by Gertrude Forster for Rimsky-Korsa-
kov’s Song Of India is attracting attention:

“Within the caverns diamonds lie unnumbered,

Uncounted are the pearls the seas have cover’d,

In that far land, rich India,

Where the sea’s ruby ledges show.

Through the sapphire waters’ glow.

There ’tis said the sacred bird
O’er the waters oft is heard
Melodies of paradise.

Sweetly from her throat arise.

Wide her plumes outstretching.

On the ocean resting, all remembrance leaving,

Those who hear her singing,

Far India, mystic land of richest treasure,

Uncounted are the gems that lie unmeasured
Within thy realm in earth and sea.”

Copyright 1941 by Broadcast Music, Inc.
The chorus of Turkey In the Straw.

“Sw'ing out your partner, don’t let ’em go.

Tune up the fiddle, get out the bow,

Don’t let up to ‘hit the hay’ till tomorrow morning
At the breakin’ of the day.”

Copyright 1941 by Broadcast Music, Inc.

BMI FEATURE TUNES
July 21 - July 28

1. I 'WENT OUT OF MY WAY

2. WASN’T IT YOU

3. ALL ALONE AND LONELY

4. MY SISTER AND I

5. BECAUSE OF YOU

6. G’BYE NOW

7. WITH A TWIST OF THE WRIST

8. THE RELUCTANT DRAGON

In preparation, two great rhythm numbers — Yo Te
Amo, an unusual novelty, and Hi, Neighbor.

A triumvirate of BMI songs leads the three classifications of
Billboard’s music popularity chart. The Hut Siit Song tops na¬
tional sheet music best sellers, Sammy Kaye’s Daddy is the coun¬
try’s best selling retail record. My Sister and I is Number One on
the automatic phonographs. Just a Little Bit South of North
Carolina shows in the first division of every field. Heading those
“coming up” in the Record Buying Guide are Things I Love,
Green Eyes and Good Bye, Dear, I’ll Be Back in a Year. ’Til
Reveille, the attractive tune by Bobby Worth and Stanley Cowan,
writers of Do I Worry, is rated as Number One possibility.

Rum-Trot

Writers of a new BMI hit, Yo Te Amo, Oh Baby, introduced by
Guy Lombardo on July 14th, had planned a vacation in Mexico
to find inspiration for a new rhumba. They became inspired in
talking about their proposed trip and decided to write the song
first and make the trip later. The result — a combination rhumba
and fox trot — and it’s headed straight for the Hit Parade.

Question

Will Have You Changed, new BMI tune, become the song to be
played for draftees home on furloughs? First question the song
asks is, “Do you still like to walk in the rain ?”

“Pic” Plugs Ahead

Peer International Corporation, PIC to you, has just brought
Maria Eleiia to the top of the heap and is now concentrating on
Green Eyes and Time Was. Based on the Latin-American tune,
Duerme, to which English lyrics have been supplied. Time lFa5
has been recorded by Jimmy Dorsey, Kate Smith, Eddie Duchin,
Mitchell Ayres, Charlie Spivak and Wayne King, and PIC is en¬
thusiastic about it.

The Hillbilly portion of the PIC catalogue is doing all right,
thank you. Led by You .Are My Sunshine, number one tune of
Shreveport’s songwriting sheriff, Jimmie Davis, the hillbilly hit
parade includes. Worried Mind, Time Changes Everything, Some
Always Win — Some .Always Lose, and Sweethearts or Strangers.

In the Hawaiian idiom, PIC is offering Island Lullaby, and
Ginger Flower, and among the novelties, The Band Begins To Play
and Whistler’s Mother-in-Law.

Marks to Concentrate on “Cowboy Serenade”

With Yours nearing the top of the heap, Edward B. Marks has
picked Cowboy Serenade as its next feature tune. Seven recordings
by Kay Kyser, Gene Krupa, Charioteers, Art Jarrett, Glenn Miller,
Bobby Byrne and Roy Rogers make the prospect very pleasant.
The dance arrangement of Cowboy Serenade has been done by
T. Camarata, chief arranger for the Jimmy Dorsey orchestra, who
will be remembered for his arrangements of Yours and The Breeze
and I (.Andalusia) .

Singer Meets Contact Man

BMI acquired exclusive performing rights Wednesday (July 16)
to the catalogue of Esquire Music Company, 1619 Broadway.
Partners of the new company are Sonny Skyler, vocalist with the
t'incent Lopez orchestra, and Eddy Kelly, contact man who
gets major credit for widespread popularity of My Little Grass
Shack. Kelly was also associated with t’incent Youmans in music
publishing and participated in the promotion of many of Youmans’
songs. F'irst number of the new firm is There’s a Voice in the
Valley by partner Sonny, who, by the way, W'as one of the writers
of Just a Little Bit South of North Carolina. Next in line will be
The Fellow With the Mellow Trombone now being played by Will
Bradley’s orchestra, and What’s Up, Doc?, currently featured by
Charlie Spivak.

Speaking of Just a Little Bit South of North Carolina, reminds
us that A1 Debin of the house of Porgie, Debin & Friedman, its
publisher, has the following to say about BMI:

“BMI has enough good music to supply the air indefinitely”,
and adds,

“The current ten best sellers in sheet music compare favorably
with any ten top tunes at any given time in the past twenty years”.

New Composer

BMI has accepted Luigi Costantino’s Largo and is having it
arranged for stringed instruments. Costantino is rated as an out¬
standing composer of serious music. He was a close friend of the
late Ignaz Jan Paderewski and w'as selected by the Polish Govern¬
ment at Paderewski’s suggestion to play Chopin’s w’orks at the
national celebration of Chopin’s birthday in Poland. In memory
of the friend. Costantino has written Free Poland. As a pianist,
Costanino ranks as one of the best interpreters of Chopin.

Sales

SALES MANAGERS EXECUTIVE
COMMITTEE

The new Sales Managers Executive Committee will meet in
New York .August 25 and 26.

July 18, 1941 — 611

Per-Inquiry and Free Time

Shapiro & Schoenhrod Agency, Chicago, is seeking per-inquiry
deals for iNIoiiarrU Cameras. .A sticker attached to their letter
gives call-letters of leading stations “among the many now success¬
fully merchandising” the product, the implication being that these
stations handle the business on a per-inquiry basis, when such is
not the case.

Lester A. Loel) Agency, New York, is asking for “a special
low rate” on behalf of an unnamed client.

Louise iSI»)aiie, New York, is seeking free time for Texolite
paint.

National vs. Local Rates

.■\s a suggested solution to the problem of when “national” or
“local” rates should apply, Charles Calcy, WMBD, Peoria, gives
his method:

“VVe refer to our rates as ‘general’ and ‘retail.’ We absolutely
do not permit an\'one to call our rates ‘national’ and ‘local.’ Then
we use a ‘retail’ rate definition as follows:

“ ‘Retail rates apply to the advertising of any strictly bonafide
retailers with permanent business or office located in Peoria, selling
at retail exclusively, paid entirely by themselves, and offering
goods or services direct to the consumer at outlets owned by
themselves.’

“This has enabled us to put dairies, bakeries and all sorts of
advertising such as that on the ‘general’ rate without any trouble
at all. Our ruling is that if one retail store wants to advertise
a brand of refrigerators as being sold at its place of business,
it has a perfect right to do so, but if it wants to buy time on a
retail rate and use Frigidaire transcriptions, for example, which
state that Frigidaires are sold at all dealers, or something like
that, it cannot be done. We feel that if a manufacturer wants to
limit his sales or direct his customers to one retail outlet, that is a
limitation he is placing upon himself and we can do nothing about
it, but if the advertising specifies more than one dealer, the general
rate must be paid.”

Engineering

RECORDING STANDARD

The first meeting of the “Recording and Reproducing Standards
Committee” w'as attended by representatives of fourteen companies
manufacturing transcriptions and transcription equipment. The
meeting was held in Detroit on June 26.

The need for standards (NAB Reports, p. 522 ) was explained
in detail by the director of engineering. It w^as pointed out that
the recent NAB recording questionnaire revealed that 30.9 per cent
of all broadcasting time originated from records and transcrip¬
tions. (See Appendix for more detailed analysis of questionnaire.)

The place of N.'XB in formulating standards was discussed and
it was pointed out that NAB desired to function as a co-ordinating
meduim for the committee and that it is desirable to have a com¬
mittee representative of all manufacturers of transcription equip¬
ment and users of transcriptions. It was suggested that NAB have
only three members on the committee. It was felt by NAB that
the best results could be obtained by having the broadcasters tell
the committee what they wanted and then leave it up to the
committee as to how' the desired result could be accomplished.

A five point plan for proceeding was then suggested and adopted.

1. Appoint a permanent chairman.

2. Discuss the suggested “Purposes and Rules of Procedure.”

3. Appoint an executive committee to act as a co-ordinating
body in carrying out the w’ork.

4. Collect data on present recording and reproducing systems
characteristics.

5. Instruct the executive committee to analyze the data and
make a recommendation to the main committee as to how
the work should be carried on from there.

Following this outline, the Director of Engineering was appointed
permanent Chairman of the Committee. After discussion and revi-
.sion, the followdng “Purposes and Rules of Procedure” were adopted
by the committee:

1. The task of the committee is to formulate “Recording and
Reproducing Standards” that will tend to bring about uniform
quality of reproduction of transcriptions with a minimum number
of equipment adjustments on the reproducing system.

2. All companies interested in the manufacturing of disc record¬
ings, the manufacture of disc recording equipment, the manufac¬
ture of disc reproducing equipment, the use of disc recordings, and
others properly interested in the subject are entitled to member¬
ship on the committee.

3. No company shall have more than one vote in any of the
proceedings of the committee and this shall be cast by the regularly-
designated representative of that company. In the absence of the
regularly designated member, a duly authorized alternate may
participate and vote for the regular member.

4. Technical advisors to members of the committee may par¬
ticipate fully in meeting discussions; however, they will have no
vote in the proceedings.

5. No individual broadcasters will be entitled to a vote in the
proceedings of the committee. The broadcasters as a whole will
be entitled to representation through three members duly appointed
by Neville Miller, President of the National Association of Broad¬
casters.

6. The chairman of the committee is not entitled to vote except
in case of a tie.

7. It is clearly understood that participation in the work of the
committee does not bind any individual or company to the formu¬
lated recommended standards.

The committee decided that a sub-committee should be appointed
for the purpose of formulating and analyzing a questionnaire to
be sent to manufacturers in order to obtain data on present
recording practices. The following were appointed to the sub¬
committee: Howard .A. Chinn, CBS; C. Lauda, Jr., World;
Robert Morris, NBC, Chairman; E. T. Mottram, Bell Telephone
Labs; 1. P. Rodman, Columbia Recording.

A list of twenty-four items to be covered in the questionnaire
was then formulated by the committee.

It was decided to hold the next meeting of the main committee
coincidental with the Fall meeting of the Acoustical Society of
America in New York City, October 24, 25.

.Attendance list:

S. J. Begun, Brush Development; J. R. Bird, Astatic Corp.;
E. P. Carter, Recording Consultant; Howard A. Chinn, CBS;
R. C. Curtis, Associated Music Publishers; Walter Fagen, Memo-
vox; C. Lauda, Jr., World Broadcasting System; P. A. Loyet,
WHO-WOC; M. R. Mitchell, WJR; Robert Morris, NBC; E.’ T.
Mottram, Bell Telephone Labs; Clarence Pell, Radio Devices;
Morris Pierce, WGAR; 1. P. Rodman, Columbia Recording; F. C.
Schmid, Electrical Research Products; Carl E. Smith, United
Broadcasting Co.; Lynne C. Smeby, N.AB, Chairman.

APPENDIX

NAB RECORDING QUESTIONNAIRE

TABULATION OF RESULTS

Number of stations reporting 182
(.Answers are totals for all stations)

REPRODUCERS

How many hours per week are lateral transcriptions used? 4096.99
How many hours per week are vertical transcriptions used? 1512.16
How many hours per week are phonograph records used? 1478.16
-Assuming an average of 18 hours of broadcasting per day the 182
stations broadcast 22,932 hours per week. The total number of
hours per week transcriptions or records are used is 7087.37,
therefore 30.9% of broadcasting is from records or transcriptions.
Of this time 57.8% is by lateral transcriptions, 21.3% by vertical
transcription and 20.9% by phonograph records.

Indicate your preference for vertical or lateral recording?

In favor of

Number

Per cent

Vertical

76

41.7

Lateral

67

36.8

No Preference

23

12.6

No -Answer

16

8.9

Total

182

100.07o

612— July 18, 1941

The reason given for preferring lateral recording in some cases
was that the station had only lateral equipment. Some answered
that a wider selection of records is available on laterals.

RECORDING

How many hours per week are recorded? 695.25
This is an average per station per week of 3.82 hours.

146 or 80.2% of the stations indicated that they have recording
equipment.

What is your attitude or pre-emphasis?

In favor of

Number

Per Cent

Yes

106

S8.3%

No

8

4,4

Undecided

10

5.5

No Answer

58

31.8

Total

182

100.07e

Many of the “yes" answers were qualified by the statement that
the person was in favor of pre-emphasis if it was standardized.
The recording questionnaire was formulated by a sub-committee
of the NAB Engineering Commiittee composed of Paul Loyct
WHO, Morris Pierce WG-\R and Robert Morris NBC.

National Defense

“ARMS FOR THE LOVE OF AMERICA”

In answer to inquiry, the Radio Branch of the War Depart¬
ment Bureau of Public Relations says:

“The Irving Berlin song. Arms for the Love of America,
official song for the Ordnance Department of the United States
Army, may be broadcast by any radio station in the country
without special permission.

“All rights to the song were given by Mr. Berlin to the Army
Ordnance Association, which not only grants blanket permission
for its radio rendition, but hopes to have it broadcast frequently.”

ARMY MANEUVERS

One of the big news events of the year will be the Army
Maneuvers in Louisiana, September 1-30, involving the Second
and Third Armies, comprising- some 500,000 troops. These will
be the biggest maneuvers, not only in American peacetime, but
in ail military history.

The Radio Branch of the War Department Bureau of Public
Relations (Ed Kirby, chief), is charged with accrediting any
individual stations which may desire to cover the maneuvers,
or any part thereof, with their own crews and equipment. Last
date for making application is August 7.

Because of the limited facilities for correspondents of all
media, the War Department is attempting to learn in advance
just what will be the requirements for radio coverage.

These limited facilities include not only the available telephone
circuits in the maneuver area, but also the housing and personnel
facilities of the two Armies. The correspondents, press as well
as radio, will be accredited to either the Second or Third Army,
not both. They can cover from only one side of the war. just as
in the case of actual wars. And just as in the case of real
wars, there will be much detail involved in handling correspondence
for press and radio, details which must be worked out in advance.

Stations are advised that August 7 is deadline for contacting the
Special Events Division. Radio Branch, Bureau of Public Re¬
lations, War Department, as to intent of covering the Louisiana
maneuvers with individual crews and equipment.

“Who gets the money for the scrap aluminum donated by the
citizenry?” is one question many stations have asked. The an¬
swer is the United States Treasury.

In order to bring the President's Fourth of July speech to
Muncie and eastern Indiana, D. A. Burton, owner of WLBC,
paid for a wire from Indianapolis. Mr. Burton made arrange¬
ments to halt the local baseball game promptly at four o’clock
and the speech was fed over the PA system in the ball park and
to a second location where a huge Fourth of July program was
in progress.

Arden X. Pangborn, managing director, KGW-KEX. released
the President’s Fourth of July address to eight movies in Port¬
land and two in Vancouver, Washington. These theaters are a
part of the Hamrick-Evergreen chain.

Because Cleveland has been turned into a city with a twent> -
four hour work day, WGAR is asking listeners to avoid making
unnecessary noises. Carl George, program director, said that
[tart of the campaign also relates to keeping radio volume down
at all times. Twenty-four hour working days, he explained,
means that people are sleeping at all times of the day and night.

“Keep ’em Fhing” is now incorporated in the nightly sign-off
at WGAR, Cleveland.

The same practice is also followed at WJSV, Washington.

Jersey Central Power & Light Company, which maintains a
daily broadcast schedule over WC.\P, .Asbury Park, N. J. devotes
a part of each program to the various recruiting and manpower
announcements distributed through NAB. B. A. Seiple, vice
president in charge of sales, ordered the inclusion of the announce¬
ments because of the Company’s desire to participate additionally
in the National Defense effort.

Paul Klutilt

Paul B. Klugh, who served as Executive Chairman of the Na¬
tional Association of Broadcasters from May 21, 1923 to the
September, 1927 Convention, died suddenly this week during a
visit to Yellowstone Park.

His years in the active direction of the Association covered the
administration of the first president, Comdr. Eugene F. McDonald,
Jr., president, Zenith Radio Corp., 1923-1925; Frank W. Elliott,
WHO, 1925-1926, and most of the term of Earle C. Anthony,
KFL 1926-1928.

After Mr. Klugh ’s retirement as \uce President and General
Manager of the Zenith Radio Corp., some years ago, he moved
to Summit, N. J., where he resided up to the time of his death.

WKRC STRIKE SETTLED

The AFRA strike at Station WKRC, Cincinnati, was settled this
week. The four strikers were reinstated; a qualified union shop
agreed to; coverage of the contract and wage scales still in dis¬
pute were submitted to mediation. William H. Davis, chairman
of the Defense Mediation Board, appointed Lillian Poses of New
York as mediator. At the same time. MBS announced it had
made an agreement with AFRA that the union would strike no
network shows because of a dispute with an affiliate if the affiliate
would agree to submit all issues to arbitration. AFRA an¬
nounced it would propose the same agreement to NBC and CBS.
AFR.\ had threatened to strike the agenev-built commercials fed
by MBS to WKRC.

PEABODY AWARDS

From far away Bangkok, Thailand, an entry has been received
for the 1941 George Foster Peabody Radio Awards, administered
by the Henry W. Grady School of Journalism, The University
of Georgia, and National Association of Broadcasters.

Dean John E. Drewry is just in receipt of a letter mailed last
May 16 — almost two months in transit — from one who heard the

July 18, 1941 — 613

1940 winners announced in a CBS broadcast last March. Signing
himself "an appreciative listener,” Allen Bassett suggests a pos¬
sible 1941 winner.

The letter had been opened and re-sealed by censors en route
from Thailand (Siam) to this country.

FEDERAL COMMUNICATIONS
COMMISSION

NEW NETWORK RULES

James Lawrence Fly, FCC chairman, told newspapermen this
week that he veas holding a series of conferences with network
officials about the new network rules.

Mr. Fly told the new'smen that he had now had at least pre¬
liminary conferences with the head of all of the networks. Fie
reported that progress was being made. Agreeable and construc¬
tive talks had resulted from the conversations, he said, and he
stated he liked to think that progress was being made in this
direction. He said that it was too early to make any further com¬
ment at this time. The talks will be continued.

Asked if the question of the postponement of the sale of the
Blue network had come ujr the chairman said he had heard of no
formal move in that regard. However, he stated. Blue network
was an important subject in the conversations wdth NBC.

Chairman F'ly stressed at the conference what he had already
said that whatever time w’as needed to properly and reasonably
permit such sale would be allowed by the Commission and he
stated that he never assumed that the network would be disposed
of under pressure. If good faith was shown, he said, an orderly
procedure would be allowed.

The chairman told the newspapermen that everything was mov¬
ing toward compliance and adjustment with the new rules and he
expressed the opinion that the particular date was not of controll¬
ing importance. He denied that the Commission might reconsider
its regulations. He stated that no application had been received
by the Commission for a time extension for the new regulations
becoming effective. The date is August 2 and that deadline still
holds up to this time. However he stated that the Commission on
its own motion would not postpone the effective date of the regu¬
lations. Mr. Fly further stated that he expected compliance with
the principle of the rules and there would be no abandonment of
the principles and no indefinite postponement of the effective date.
There might be some modification of the new regulations, he said,
but the major principles were to be preserved. He said that he
was very optimistic that things will work out to the satisfaction
of all concerned.

Mr. Fly said at the conference that he knows of no application
asking for a postponement of the newspaper conference now set
for July 23. He said that he thought the conference would last
‘‘a number of days.”

Educational Station

The University of Illinois was granted a construction permit for
a new noncommercial educational broadcast station which will
supplement the educational services of that nonprofit State in¬
stitution. The proposed station wall operate with FM (frequency
modulation) on 42900 kilocycles, using power of 2.';o watts.

The university, which is at Urbana, III., intends to utilize the
antenna of its present standard broarlcast station, WILL, located
south of Chamiraign, lib, for the new service. Its noncommercial
educational service will provide supervisory and administrative
instruction as W'cll as supplementary educational programs for the
Champaign and LTrbana elementary and secondary public schools,
supplement teaching in the rural scliools of Champaign County,
and augment the educational services of the University High
School in the College of Education. Programs will be determined
by the Dean of the College of Education in cooperation with the

614 — July 18, 1941

supervising head of the unit to which the particular program is
directed but, in general, will embrace history, civics, economics,
literature, music, and speech.

Commercial FM for California

Construction permits for commercial FM (frequency modula¬
tion) stations in California areas were authorized by the F'CC.

Metro-Goldwyn-Mayer Studios, Inc., proposes to locate a station
in the Santa Monica Mountains to cover the Los Angeles metro¬
politan district and adjacent basic trading areas of Los .Ungeles,
Orange, and Ventura counties, as well as the western portion of
Riverside County. More than 2,500,000 persons reside in this
7.000-mile service area. Pending approval of the antenna site
by the Civil ,\cronautics Administration, the applicant can arrange
to use the frequency 4G100 kilocycles.

Columbia Broadcasting System, Inc., of Hollywood, was granted
a Class C station construction permdt, for extended urban and
rural service from an antenna planned atop Mount Wilson, Pasa¬
dena, subject to certain engineering and legal requirements. It is
authorized to use the frequency 43100 kilocycles for this purpose.

Commercial Television Grant

The .Albany-Schenectady-Troy area was brought a step nearer
commercial television service when the FCC granted a construction
permit to the General Electric Company for such a station to
operate on Television Channel No. 3 (66000-72000 kilocycles) to
serve 3,320 square miles with some 572,000 residents.

The applicant proposes to remodel its present experimental
television station, W2XB, in the Helderberg Hills, New Scotland,
N. Y., for commercial purposes by September 1. Incidental experi¬
mentation with color television is contemplated.

From the FCC Mail Bag

A New York radio listener has written the FCC on several
occasions objecting to the use of the term “and thirty” at the
conclusion of broadcasts by a certain news commentator.

The Commission does not have authority to order discontinuance
of the use of the term. However, it might be explained that
"thirty” is a term traditionally used by telegraphers. It means
‘‘that is all,” ‘‘the end,” or, in this particular case, "goodnight.”
It is said to have originated in the following manner: In the early
days of news reporting, Washington correspondents wrote by
long hand, and their copy was transmitted by telegraph. Operators
at the receiving end had to make as many as a dozen copies of
each dispatch. To mark the end of an item they adopted the
symbols “XXX.” Since three X’s constitute the Roman numerals
for “30,” this practice was not only popularized by telegraphers
but by copy desk men as well. By the same token, the following
numerals have special significance to old-time telegraphers: “4”
(where?); “8” (wait); “13” (understand); “19” (railroad order) ;
“31” (other order); “73” (best regards), and “22” (kisses).

Because the Commission is without power to censor radio pro¬
grams, it cannot

Comply wtih a Long Island man’s request that all radio stations
be “instructed” to broadcast the National Anthem at local sunset.

Adopt a suggestion by a New York firm that war commentaries
be referred to a Government commitee prior to transmission
by radio.

Satisfy a Niagara Falls speech-stickler that radio announcers be
compelled to use correct pronunciation.

Please a Ypsilanti woman by obligating all broadcast stations
to rebroadcast her favorite newscast.

Pennsylvania lawyer is told that the Commission is not
empowered to settle contractual differences betw'een station li¬
censees and other persons and, therefore, it cannot undertake to
press an individual claim against a station.

The Commission has to frequently inform inquirers that it
is not in a position to recommend the services of a particular
attorney or an engineer in connection with prospective applica¬
tions for broadcast facilities.

Or to recommend radio schools or courses.

897 STATIONS

The Federal Communications Commission issued operating
licenses to six stations and granted one permit for the con¬
struction of a new station during the month of June. One
operating station was deleted. .■X comparative table by months
follows:

Operating . 791 799 806 810 815 825 831 835 836 837 836 849 854

Construction . 56 58 57 54 52 51 51 46 54 54 55 48 43

847 857 863 864 868 876 882 881 890 891 891 897 897

FEDERAL COMMUNICATIONS
COMMISSION DOCKET

Following broadcast hearings are scheduled to be held before
the Commission during the week beginning Monday, July 21.
They are subject to change.

Wednesday, July 23

Hearing Before the Commission

To Be Held in the .Auditorium of the National Archives Building,
7th Street and Pennsylvania Avenue, N. W.

Investigation to determine what policy or rules, if any, should
be promulgated in connection with operation of new high fre¬
quency (FM) broadcast stations and lor future acquisition of
standard broadcast stations bv newspapers, Pursuant to Order
No. 79.

Wednesday, July 23

NEW — West Allis Broadcasting Company, West Allis, Wis. — C. P.
1450 Uc. (1480 NARBA), 250 watts, daytime.

Thursday, July 24

WTEL — Foulkrod Radio Engineering Co., Philadelphia, Penna. —
C. P., 1500 kc„ 250 watts, unlimited. Present Assignment:
1340 kf., 100 watts, S-WHAT.

Friday, July 25

Consolidated Hearing

WCAM — Citv of Camden, Camden, N. J. — Renewal of license,
1310 kc., 500 watts, S-WTNJ and WCAP,

WCAP — Radio Industries Broadcast Co., Asbury Park, N. J. —
Renewal of license, 1310 kc., 500 watts, S-WTNJ and
WCAM.

WTNJ — WO.AX, Incorporated, Trenton, N. J. — Renewal of li¬
cense, 1310 kc., 500 watts, S-WCAM and WC.AP.

WTNJ — WOAX. Incorporated, Trenton N. J. — C. P., 1330 kc..
1 KW, unlimited, D.A-day and night. Present assignment:
1310 kc., 500 watts, S-WCAM and WCAP.

WDAS — WD.AS Broadcasting Station. Inc., Philadelphia, Pa.- —
C. P., 1360 kc., 1 KW night, 5 KW day, D.A-night, un¬
limited.

FUTURE HEARINGS

FJuring the past week the following future hearings have been
announced in broadcast cases before the Commission. They are
subject to change.

August 12

Consolidated Hearing

KONB — MSB Broadcast Company, Omaha, Neb. — C. P., 1500 kc.,
250 watts, unlimited.

KONB — MSB Broadcast Company, Omaha, Neb. — Modification
of C. P., 1500 kc., 250 watts, unlimited, under C. P.

August 14

KWK — Thomas Patrick, Inc,, St. Louis, Mo. — C. P,, 680 kc., 50
KW, unlimited, D.A-day and night.

Consolidated Hearing

NEW — The Gazette Company, Cedar Rapids, Iowa. — C. P., 155!(
kc. (1600 kc. under N.ARB.A), 5 KW. unlimited, D.A-night.

NEW — Edward Tom O'Brien, Oavid Shepard, Howard S. John¬
son and John W. Boler, a partnership d, b as Brainerd-
Bemidji Broadcasting Company. Brainerd, Minn. — C. P.,
1550 kc.. 1 KW, unlimited.

August 15

KORN — Nebraska Broadcasting Corp., Fremont, Neb. — Renewal
of license, 1400 kc., 250 watts, unlimited.

KORN — Clark Standiford (Transferor) and C. J. Malmsten, A. C.
Sidner, S. S. Sidner (t .Arthur Baldwin (Transferees), Fre¬
mont, Neb. — Transfer of control, 1400 kc.. 250 watts, un¬
limited.

August 27

WIBG — Seaboard Radio Broadcasting Corp., Glenside, Pa. — Re¬
newal of license, !)!)0 kc., 1 KW, daytime.

September 10

WAPI — Voice of Alabama, Inc., Birmingham, Ala. — C. P., 1010
kc., 50 KW, DA-night, unlimited. Present assignment:
1170 kc., 5 KW, Simul D, S-KVOO-N, S.A.U-DA after LS
at Tulsa, Okla.

September 15

KPAC — Port Arthur College, Port Arthur, Tex. — Modification of
license, 1330 kc., 1 KW, unlimited, D.A-night. Present
assignment: 1330 kc., 500 watts, unlimited D.A-night.

Consolidated Hearing

NEW — Scripps-Howard Radio, Inc., Houston, Tex. — C. P., 1330
kc., 250 watts, unlimited.

NEW — Texas Star Broadcasting Company, Houston Tex. — C. P.,
1330 kc.. 250 watts, unlimited.

NEW — Greater Houston Broadcasting Co., Inc., Houston, Tex. —
C, P., 1330 kc., 250 watts, unlimited.

September 19

KGO & .Auxiliary — National Broadcasting Company, Inc., San
Francisco, Calif. — Renewal of license, main: 810 kc., 7jA
KW, unlimited; auxiliary: 810 kc., 2j4 KW, unlimited.

KOA — National Broadcasting Company, Inc., Denver, Colo. —
Renewal of license, 850 kc., 50 KW, unlimited.

WM.AL — National Broadcasting Company, Inc., Washington, D. C.
— Renewal of license, 630 kc., 5 KW, unlimited.

FEDERAL COMMUNICATIONS
COMMISSION ACTION

1

APPLICATIONS GRANTED

Southwest Broadcasters, Inc., Las A'egas, New Mexico. — Granted
construction permit for new station to operate on 1330
kc., 250 watts, unlimited time (B5-P-3147).

J. Q. Floyd, John Thomas Franklin, Sam Wesley .Anderson,
d b as The Helena Broadcasting Co., Helena, .Ark. —
Granted construction permit for new station to operate
on 1400 kc.. 250 watts, unlimited time (B3-P-3164).

General Electric Co., Schenectady, N. Y. — Granted construction
permit for new commercial television broadcast station to
operate on Television Channel No. 3 (66000-73000

kc) to serve 3,320 square miles, with 572,000 residents
(Bl-PCT-5) .

Lbiiversity of Illinois, LIrbana, Ill. — Granted construction permit
for new non-commercial educational broadcast station to

July 18, 1941 — 615

operate on 42!I00 !vc., 250 watts, unlimited time, special
emission for frequency m.odulation (B4-PED-21).

Metro-Goldw>n-Mayer Studios, Inc., Los Angeles, Calif. —
Granted construction permit for new high Irequency
(FM) broadcast station to operate on ke. with a

coverage of 7,000 square miles (BS-PH-90),

Columbia Broadcasting System, Inc., Hollywood, Calif, — Granted
construction permit for new high frequency (FM) broad¬
cast station to operate on 4111 (Ml kc; granted subject to
certain engineering and legal requirements. (For Class C
operation (B5-PH-94).

WCKY — L. B. Wilson, Inc,, Cincinnati, Ohio. — Granted con¬
struction irermit to make changes in directional antenna
and change to directional antenna after sunset at Sacra¬
mento, Calif.; li)o(l kc. ; 50 KW night and day;
unlimited time; directional antenna night and day (B2-
P-,i212).

KDAL — Red River Broadcasting Co., Inc,, Duluth, Minn. —
Granted construction permit to change frequency from
14110 kc. to (ilO kc., increase day and night power from
250 watts to 1 KW, and install directional antenna
for night use, and move transmitter to Front St. and
65rd Ave., West, Duluth, Minn. (B4-P-.H39).

KLR.\ — .Arkansas Broadcasting Co., Little Rock, .Ark, — Granted
construction permit to move transmitter to approximately
14 miles east of the center of Little Rock, Ark., change
frequency from 1420 kc. to 1010 kc., install new trans¬
mitter, to operate with 5 KW power subject to direc¬
tional antenna in compliance with N.ARB.A (B.5-P-,I049) ,

KFIO — Spokane Broadcasting Corp., Spokane, Wash. — Granted
construction permit to install new transmitter, erect a
vertical antenna, increase power and hours of operation
from 100 watts daytime only, to 250 watts day and night;
change frequency from 1150 kc. to 1280 kc. ; unlimited
time (BS-P-3144),

KHSL — Golden Empire Broadcasting Co., Chico, Calif. — Granted
construction permit to increase power from 500 watts night.
1 KW day, to 1 KW night ancl day, and install directional
antenna for day and night use, granted with condition with
respect to blanket area and without prejudice to any action
bv the Commission regarding duplicate ownership (B5-P-
3100).

WFBC — Greenville News-Piedmont Co., Greenville, S. C. —
Granted modification of construction permit to make
changes in directional antenna system and extend com¬
mencement and completion dates to 30 days after grant
and 180 days thereafter, respectively ( B.t-MP-1 129) .

WGTM — WGTM, Inc., Wilson, N. C. — Granted construction
permit to move studio and transmitter to U. S. Highway
301, 1.3 miles north of Courthouse, Wilson, N. C.; 1840
kc., 250 watts: unlimited time (B.I-P-3166).

KBKR — Louis P. Thornton (assignor) Baker Broadcasting Co.
(assignee) Baker, Ore. — Granted consent to voluntary-
assignment of license of Station KBKR from Louis P.
Thornton to Baker Broadcasting Co., for a total con¬
sideration of .S12,000 (B5-.AL-313 ) .

W6XDL — Don Lee Broadcasting System, San Francisco, Calif. —
Granted construction permit for television broadcast sta¬
tion to operate on Television Channel No. 1 (5(I0(M) to
5(i(MM) kc.) on an experimental basis only, conditionally,
with completion date October 30, 1941 (B5-MP\'B-48).

WNBT' — National Broadcasting Co., Inc., New A^ork City (Tele¬
vision station) — Granted special authorization to reduce
hours of program operation from 15 to 10 hours a week
from July 16 to .August 31, 1941, to enable licensee to over¬
haul equipment for improvefl service when regular schedule
is resumed. Commission stressed that this is a particular
instance and should not be regarded as a precedent.

WRC.A-WNBI — National Broadcasting Co., Inc., New A’ork
City. — Granted authority' to transmit programs from
international broadcast stations WRCA and WNBI for
rebroadcast by Station CMQ, Havana, Cuba (B1-FP-8S).

DESIGNATED FOR HEARING

George Johnston, Jr., Birmingham, Ala. — Application for con¬
struction permit for new standard broadcast station to
operate on 1840 kc., 250 watts, unlimited time (requests
facilities of WSGN) (B3-P-3179). To be heard jointly
with apidications of WB.AM, Inc. (B3-P-.H82), and Jeffer¬
son Broadcasting Cor[i. ( B,i-P-3162 ) , which request iden¬
tical assignment.

616 — July 18, 1941

WC.AP -Radio Industries Broadcast Co., .Asbury Park, N. J. —
.Application for modification of license to change hours of
operation to share with WC.AM (requests facilities of
WTNJ), (Bl-ML-1070).

WC.AM — The City of Camden, N. J., Camden, N. J. — .Application
for modification of license to change hours of operation to
shares WC.AP (requests facilities of WTNJ), (Bl-ML-
1069).

Roy St. Lewis, Norfolk, Va.- -.Application for construction permit
for new standard broadcast station to operate on 1280 kc.,
250 watts, unlimited time (B2-P-3101). To be heard with
application of Colonial Broadcasting Corp. requesting the
same facilities (B2-P-3039).

SPECIAL SERVICE AUTHORIZATIONS

The Commission authorized issuance of special service authori¬
zations, each such authority to expire simultaneously with the
regular license of the station affected, subject to the express con¬
dition that it may be terminated by the Commission at any time
without advance notice or hearing, if in its discretion the need
for such action arises. The Commission directed that, upon the
issuance of such special service authorizations, the outstanding
special experimental authorizations of said station licensees be
cancelled:

KP'.AB — KF.AB Broadcasting Co., Lincoln, Nebr. — To operate on
780 kc., 10 KWy unlimited; operate synchronously with
WBBM from local sunset to midnight.

KTHS — Hot Springs Chamber of Commerce, Hot Springs National
Park, .Ark, — To operate on 1(190 kc., 1 KW night, 10 KW
local sunset, simultaneously with WBAL.

KVOO — Southwestern Sales Corp., Tulsa, Okla, — To operate on
11 TO kc., 5 KW night, 25 KW LS, unlimited, using direc¬
tional antenna.

W.API — Voice of Alabama, Inc., Birmingham, .Ala. — To operate
on 11 TO kc., 1 KW night, 5 KW LS, unlimited time, using
directional antenna after sunset at Tulsa.

WB.AL — The WBAL Broadcasting Co., Baltimore, Md. — To op¬
erate on 1090 kc. and TTO kc., 10 KW, operate simul¬
taneously with KTHS on 1090 kc., sunrise at Baltimore
to local sunset at Hot Springs; operate alone local sunset
Hot Springs to 9 p. m. EST, and synchronously with WJZ
on TTO lie. from 9 p. m. EST, using 2J'^ KW and direc¬
tional antenna.

WBBM — Columbia Broadcasting System, Inc., Chicago, Ill. — To
ofierate on T80 kc., 50 KW, synchronously with KF.AB
from local sunset at Lincoln, Nebr., to 12 midnight CST.

MISCELLANEOUS

W.AFM — Minnesota Broadcasting Corp., Minneapolis, Minn. —
Granted special temporary authority to operate a compo¬
site 150 watt transmitter, formerly licensed at W9XTC,
as relay broadcast station on l(i(Ki, 2(IT4, 21(12, and 2T58
kc., for the purpose of the transmission of orders pertaining
to the relay broadcasting of programs concerning the
Minneapolis Aquatennial for a period not later than July
20, 1941.

KTRH — KTRH Broadcasting Co., Houston, Tex. — Granted modi¬
fication of construction permit for approval of directional
antenna system, and install new transmitter.

WSGN — The Birmingham News Co., Birmingham, .Ala. — Granted
authority to determine operating power by direct measure¬
ment of antenna input (B3-Z-111S).

KTEM — Bell Broadcasting Co., Temple, Tex. — Granted authority
to determine operating power by direct measurement of
antenna input (B3-Z-114S).

KNET — Bonner Frizzell. — Granted authority to determine operat¬
ing power by direct measurement of antenna input (B3-Z-
>)06).

Kh'JM University of North Dakota, Grand F'orks, N. D, —
Granted authority to determine operating power by direct
measurement of antenna input (B4-Z-928).

KS.AM — Sam Houston Broadcasting .Assn., Huntsville, Tex. —
Granted authority to determine operating power by direct
measurement of antenna input (B3-Z-1104).

KXOX — Sweetwater Radio, Inc., Sweetwater, Tex. — Granted
authority to determine operating power by direct measure¬
ment of antenna input (B3-Z-1144).

WCLS — WCLS, Inc., Joliet, 111. — Granted authority to determine
operating power by direct measurement of antenna input
(B4-Z-960).

WLW — The Crosley Radio Corp., Cincinnati, Ohio. — Granted
request to retire to closed files application for modification
of license to increase power from SO to 500 KVV on

TOO kf.

National Broadcasting Co., Inc. — Granted petition for postpone¬
ment of hearing on application for renewal of licenses of
KGO and auxiliary, San Francisco, Calif.; K0.4, Denver,
Colo.; and WMAL, Washington, D. C.; granted 60 days
continuance, to September 19, 1941.

KORN — Nebraska Broadcasting Corp., Fremont, Nebr., Clark
Standiford (transferor) ; Malmsten, A. C. Sidner, S. C. Sidner
&• .Arthur Baldwin (transferees). — Granted petition of ap¬
plicant, transferor and transferees for continuance of hear¬
ing on application for renewal of license and for transfer,
to August IS, 1941.

KONB — MSB Broadcast Co., Omaha, Nebr. — Granted petition
for continuance of hearing on application for construction
permit and modification of construction permit to operate
on 1500 ke., ISO watts, unlimited, to August 12, 1941.

Mid-American Broadcasting Corp., Louisville, Ky. — Dismissed
without prejudice petition for leave to amend application
for construction permit for new station ; on Commission’s
own motion continued hearing now scheduled for July 16
to July 30, 1941.

WTIC — The Travelers Broadcasting Service Corp.. Hartford,
Conn. — Passed until next week action on petition of WTIC
to intervene in healings in re application of Mid-American
Broadcasting Corp. for new station at Louisville, Ky., and
application of Northside Broadcasting Corp. (W’GRC), New
.Albany, Ind., for change from 14(10 kc., 2S0 watts, un¬
limited, to 1030 ki'., 5 KW, unlimited, using directional
antenna.

KFEQ — KFEQ, Inc,, St. Joseph, Mo. — Granted motion to remove
from hearing docket application for construction permit
to operate on 680 kc.. S KW, unlimited, using directional
antenna (new application to be submitted).

KWK — Thomas Patrick, Inc., St. Louis, Mo. — Petition to inter¬
vene in re above hearing (KFEQ) was withdrawn inasmuch
as above action made KWK petition become moot.

WIBG — Seaboard Radio Broadcasting Corp., Glenside, Pa. —
Granted motion for continuance of hearing on application
for renewal of license to August 27, 1941, .Also granted
motion for leave to amend application, to be filed within
10 days.

WGRC — Northside Broadcasting Corp., New .Albany, Ind. — Dis¬
missed without prejudice petition for leave to amend appli¬
cation for construction permit to change operation from
1400 kc.. 250 watts, unlimited to 1080 kc.. S KW. un¬
limited, using directional antenna; on Commission’s own
motion continued hearing now scheduled for July 16 to
July 30, 1941.

The Gazette Co., Cedar Rapids, Iowa. — Granted motion for leave
to amend application for new station (amendment to be
filed within 10 days), for retention of hearing date.

Brainerd-Menidji Broadcasting Co., Brainerd, Minn. — Granted
petition for order to take depositions in re hearing on ap¬
plication for new station to operate on 1550 kc.. 1 KW,
unlimited.

KFXM — L. C. Lee & E. W. Lee, d,'b as Lee Bros. Broadcasting
Co., San Bernardino, Calif. — Granted motion to dismiss
without prejudice application for construction permit to
change operation from 134(( kc,. 250 watts, S-KPPC, to
1420 kc., 1 KW, unlimited.

WGNC — F. C. Todd, Gastonia, N. C. — Granted authority to
install automatic frequency control equipment (B,l-F-228).

W.ATR — The W.ATR Co.. Inc., VVaterbury, Conn. — Granted modi¬
fication of construction permit which authorized changes in
directional antenna for day and night use, increase power,
install new transmitter, for changes in directional antenna
and extension of commencement and completion dates from
June 22, 1941 and December 22, 1941, to 30 days after
grant and 180 days thereafter, respectively; 1326 kc., 1 KW.
unlimited time, directional antenna dav and night (Bl-MP-
1325).

WFDF — Flint Broadcasting Co.. Flint, Mich. — Granted license to
use old Collins 300-B 100-watt main transmitter as an
auxiliary transmitter, with power of 100 watts (B2-L-1442 ).

W53PH — WFIL Broadcasting Co., Philadelphia, Pa. — Granted
modification of construction permit which authorized con¬

struction of a new high frequency broadcast station, for
change in type of antenna and specifxdng the operating
constants to provide a coverage of 9,300 square miles;
4530(1 kc. (B2-MPH-19).

WCOA' — Capital Broadcasting Co., Inc., Montgomery, .Ala. —
Granted license to cover construction permit to make changes
in equipment and increase power; 1240 kc., 250 watts, un¬
limited (B3-L-1428). Granted authority to determine
operating power bv direct measurement of antenna input
(B3-Z-1111).

WK. AT — .A. P'rank Katzentine, Miami Beach. Fla. — Granted li¬

cense to cover construction permit which authorized the
use of formerly licensed W.E.310-B 250-watt transmitter
as an auxiliary and installation of a new crystal oscillator
for 1360 kc. (B3-L-1385).

W2XMN — Edwin H. Armstrong, .Alpine, N. J. — Granted exten¬
sion of special temporary authoritc’ to operate an additional
transmitter located at .Alpine. N. J.. on 43 me. with a power
not to exceed 40 KW using frequency modulation for a
period of 30 days beginning July 10 and ending not later
than August 9, 1941, in order to conduct further experi¬
ments on adjacent channel operation of high frequency
broadcast stations and to demonstrate such operation to
certain engineering committees of the Radio Manufacturing
■Association.

WAPQ — Port Huron Broadcasting Co., Port Huron, Mich. —
Granted special temoorary authorit>- to operate 15 -watt
relay transmitter on 2150 kc. on July 11. 12. and 13, 1941,
in order to rela>’ to Station WHLS programs in connec¬
tion with the Port Huron Blue Water Festival only.

WE.APl — Central Broadcasting Co.. Eau CDire, Wise. — Denied re¬
quest for special temporary authority to operate on 700 kc.,
with power of 5 KW day. 250 watts night, unlimited time,
for a period not to exceed 30 days, pending completion of
construction in accordance with construction permit.

W.ALB — The Herald Publishing Co., .Albany, Ga. — Granted li¬
cense to cover construction permit as modified for new
station; 1500 kc., 1 KW, directional antenna night, un¬
limited (B3-L-1429). Granted authority to determine
operating power bv direct measurement of antenna input
{B3-Z-1023).

WIBF’ — William C. Forrest. Poynette. Wise. — Granted petition to
cancel hearing on application for renewal of license of Sta¬
tion WIBU, cancelled hearing, and granted renewal of said
license.

' WCBS — WCBS. Inc.. Springfield, III. — .Adopted order denying
petition for rehearing filed by WCBS for reconsideration
and modification of Commission order granting construction
permit to Stephenson, Edge and Korsmeyer, Jacksonville,
Ill., for new station.

APPLICATIONS FILED AT FCC

580 Kilocycles

WCHS — Charleston Broadcasting Co.. Charleston, W. A’a. —
.Authority to install automatic frequency control equip¬
ment.

630 Kilocycles

WM.AL — National Broadcasting Co., Inc., Washington, D. C. —
Amluntary assignment of license from National Broadcast¬
ing Company, Inc. to M. .A. Leese Radio Corporation.

640 Kilocycles

WOKO — WOKO, Inc., .Albany, N. Y. — Construction permit for
new transmitter and directional antenna for day and night
use, change in frequency from 1460 to 640 kc., increase
in power from 500 watts and 1 KW to 5 KW. and move
transmitter from Albany to Couse Corners, New York.

680 Kilocycles

WL. AW — Hildreth Sr Ro.gers Co., Lawrence, Mass. — Construc¬

tion permit to increase power from 5 to 50 kc., install
new transmitter, make changes in directional antenna for
day and night use, and move transmitter from Andover
to Burlington, Massachusetts. .Amended re directional
antenna and height of towers.

700 Kilocycles

WIAA^ — The Crosley Corporation, Cincinnati, Ohio. — .Authority
to determine operating power by direct method.

July 18, 1941 — 617

760 Kilocycles

KGU — Marion A. Mulrony & Advertiser Publishing Co., Ltd.,
Honolulu, Hawaii. — .Authority to determine operating
power by direct method.

790 Kilocycles

K\'OS — KVOS, Incorporated, Bellingham, Wash. — Construction
permit to install new transmitter (KIRO’s old transmit¬
ter), install directional antenna for night use, change
frequency from 1230 to TOO kc., increase power from
250 watts to 1 KW, and move transmitter.

850 Kilocycles

WRUF — University of Florida, Gainesville, Fla. — Construction
permit for increase in hours of operation from limited to
unlimited and installation of directional antenna for
night use.

1050 Kilocycles

WHN — Marcus Loew Booking .Agency, New York, N. Y. —
Construction permit to make changes in auxiliary trans¬
mitter and move same to site of new main transmitter.

1190 Kilocycles

KEX — Oregonian Publishing Co., Portland, Oregon. — Construc¬
tion permit to install new transmitter, install directional
antenna for day and night use, change frequency from
1180 to 1190 kilocycles under N.ARBA, increase power
from 5 to SO kilowatts, change hours of operation from
Simultaneous-KOB day and Shares-KOB night, to un¬
limited, and move transmitter from North Portland to
near Clackamas, Oregon, .Amended: re directional an¬
tenna system.

1220 Kilocycles

WGNY — WGNY Broadcasting Co., Inc., Newburgh, N. Y. —
Modification of construction permit (Bl-P-2948) to in¬
stall new transmitter, increase power, and change frequency,
requesting authority to install automatic frequency con¬
trol equipment and modulation monitor.

1230 Kilocycles

NEW — Southwest Broadcasting Corp., Pulaski, Va. — Construc¬
tion permit for a new broadcast station to be operated
on 1230 kf., 250 watts, unlimited time.

1240 Kilocycles

WFTM — Fort Myers Broadcasting Co., Fort Myers, Fla. — Con¬
struction permit to install new transmitter and move trans¬
mitter and studio.

KDON — Pvlonterey Peninsula Broadcasting Co., Monterey, Calif. —
Construction permit for increase in power to 250 watts
and installation of new transmitter.

1280 Kilocycles

KFXJ — R. G. Howell & Charles Howell, d, b as Western Slope
Broadcasting Co., Grand Junction, Colo. — Construction
permit to increase pow'er from 250 watts to 500 watts
night, and 1 KW day, change frequency from 1230 kc. to
1280 kc., make changes in antenna, and install new equip¬
ment.

' 1310 Kilocycles

WIBA — Badger Broadcasting Co., Madison, Wise. — Modification
of construction permit (B4-P-2689) as modified, for new
transmitter, change in directional antenna for night use,
increase in power from 1 KW night, 5 KW day, to 5 KW,
and change transmitter and studio site, requesting change
in frequency from 1280 kc. to 1310 kc. under N.ARB.A,
and changes in directional antenna accordingly.

1320 Kilocycles

KTRH — K'l'RH Broadcasting Co., Houston, Texas. — Modification
of construction permit (B3-P-3011) for a new transmitter,
directional antenna, change in frequency, increase in power,
and move of transmitter, requesting approval of directional
system and installation of new transmitter.

618 — July 18, 1941

1340 Kilocycles

KPDN — R. C. Hoiles, Pampa, Texas. — -Authority to determine
operating power by direct method.

1400 Kilocycles

WINC — Richard Field Lewis, Jr., Winchester, Va. — License to
cover construction permit (B2-P-3005) for a new broad¬
cast station.

WINC — Richard Field Lewis, Jr., Winchester, Va. — Authority to
determine operating pow’er by direct method.

WNBC — State Broadcasting Corp., New Britain, Conn. — Modifi¬
cation of construction permit (Bl-P-2723) as modified, re¬
questing changes in directional antenna, 1410 kr. under
NARB.A, increase in pow’er from 1 KW night and 5 KW
day to 5 KW (directional antenna day and night), and
extension of commencement and completion dates to 30
days after date of grant and 180 days thereafter respec¬
tively. Amended: To change directional antenna.

1430 Kilocycles

KTRN — Michael J. Mingo, Tacoma, Wash. — Modification of con¬
struction permit (BS-P-1979) for a new broadcast station,
requesting 1 KW power on 1430 kc., unlimited time, ap¬
proval of new transmitter, and approval of directional
antenna system for day and night use.

1450 Kilocycles

KNET — Bonner Frizzell, Pale.stine, Texas. — Voluntary assignment
of license from Bonner Frizzell to Palestine Broadcasting
Corp.

1460 Kilocycles

KINY — Edwin .A. Kraft, Juneau, .Alaska. — Authority to determine
operating power by direct method.

1470 Kilocycles

WBIG — North Carolina Broadcasting Co., Inc., Greensboro, N. C.
— License to cover construction permit (B3-MP-S33) as
modified, for increase in power and installation of direc¬
tional antenna for night use.

WBIG— North Carolina Broadcasting Co., Inc., Greensboro, N. C.
— Authority to determine operating pow'er by direct method.

1480 Kilocycles

KGCTv — E. E. Krebsbach, Wolf Point, Mont. — Modification of
license to move studio.

1490 Kilocycles

WMOG — Coastal Broadcasting Co., Brunswick, Ga. — Authority
to determine operating power by direct method.

1520 Kilocycles

WKBW — Buffalo Broadcasting Corp., Buffalo, N. Y. — Modifica¬
tion of construction permit (Bl-P-2902) for new trans¬
mitter, installation of directional antenna, increase in power,
and move of transmitter, requesting extension of comple¬
tion date from 8-17-41 to 10-17-41.

WKBW — Buffalo Broadcasting Corp., Buffalo, N. Y. — Modifica¬
tion of construction permit (Bl-P-2902) for new trans-
matter, installation of directional antenna, increase in power,
and move of transmitter, requesting changes in directional
antenna and change in frequency from 1480 kc. to 1520 kc.
under NARBA.

FM APPLICATIONS

NEW — The Radio \'oice of New Hampshire, Inc,, Manchester,
N. H. — Construction permit for a new high frequency-
broadcast station to be operated on 43500 kc. ; coverage,
19,622 square miles; population, 4,099,385. Amended: To
increase coverage to 20,290 square miles, change population
to 4,260,280, and make change in antenna system.

NEW — The Pulitzer Publishing Co., St. Louis, Mo. — Construction
for a new high frequency broadcast station to be operated
on 43500 kc. ; coverage, 6,564 square miles; population,
1,531,182. Amended: To change frequency to 45500 kc. ;
coverage, 11,301 square miles; population, 1,797,700; make
changes in antenna system and change type of transmitter.

W49D — John Lord Booth, Detroit, Mich. — Modification of con¬
struction permit (B2 -PH-20) for a new high frequency
broadcast station, requesting changes in antenna system.

TELEVISION APPLICATIONS

W3XWT — Allen B. Du Mont Laboratories, Inc., Washington,
D. C. — Modification of construction permit (Bl-PVB-31)
as modified, for a nev/ television station, requesting exten¬
sion of commencement and completion dates from 1-1-41
and 7-1-41 to 7-1-41 and 1-1-42, respectively.

W3XWT — Allen D. Du Mont Laboratories, Inc., Washington,
D. C. — Modification of construction permit (Bl-PVB-31)
as modified, for a new television station, requesting change
of transmitter location, change in type of visual and aural
transmitters, and extension of commencement and comple¬
tion dates from 7-1-41 and 1-1-42 to 30 days after grant
and 180 days thereafter, respectively.

MISCELLANEOUS APPLICATIONS

NEW — Frontier Broadcasting Co., Portable-Mobile. — Construc¬
tion permit for a new relay broadcast station to be operated
on 30820, 33740, 35820, 37980 kc., power of 2 watts, A3
emission.

NEW — Frontier Broadcasting Co., Portable-Mobile. — Construc¬
tion permit for a new relay broadcast station to be operated
on 30820, 33740, 35320, and 37980 kc., power of 2 watts,
A3 emission.

KRME — Merced Broadcasting Co., Portable-Mobile. — License to
cover construction permit (B3-PRY-245) for a new relay
broadcast station.

NEW — Portland Broadcasting System, Inc., Portable-Mobile. —
Construction permit for a new relay broadcast station to
be operated on IG22, 2058, 2150, and 2790 kc., power of
ISO watts, A3 emission.

NEW — Portland Broadcasting System, Inc., Portable-Mobile.- —
Construction permit for a new relay broadcast station to
be operated on IG22, 2058, 2150, and 2790 kc., power of
40 watts, A3 emission.

NEW — Wichita Broadcasting Co., Portable-Mobile. — Construction
permit for a new relav broadcast station to be operated
on 30820, 33740, 35820, and 37980 kc., power of 2 watts,
A3 emission.

KGKB — East Texas Broadcasting Co., Tyler, Tex. — Authority to
determ.ine operating power by direct method.

NEW — The Birmingham News Co., Portable-Mobile. — Construc¬
tion permit for a new relay broadcast station to be operated
on 30820, 33740, 35820, and 37980 kc., power of 2 watts,
A3 emission.

NEW — American Broadcasting Corp. of Ky., Portable-Mobile. —
Construction permit for a new relay broadcast station to
be operated on 1622, 2058, 2150, and 2790 kc., power of
75 watts, A3 emission.

WRUM— World Wide Broadcasting Corp., Boston Mass. — Modi¬
fication of construction permit (Bl-PIB-30) for increase
in power, requesting extension of completion date from
7-1S-41 to 11-15-41.

NEW — World Wide Broadcasting Corp., Boston, Mass. — Con¬
struction permit for a new international broadcast station
to be operated on 6040, 11799, 11730, 15130, 15350, and
17750 kc., power of 100,000 watts, .\3 emission, share time
on all frequencies with WRUL and WRUW.

NEW — Mutual Broadcasting System, Inc., Chicago, Ill. — Exten¬
sion of authority to transmit programs to Station CKLW,
stations owned and operated by Canadian Broadcasting
Corporation, and stations licensed by Canadian Minister
of Transport.

WGHB — The Tribune Co., Portable-Mobile. — License to cover
construction permit (B3-PRY-240) for a new relay broad¬
cast station.

FEDERAL TRADE
COMMISSiON ACTION

COMPLAINTS

Federal Trade Commission has alleged unfair competition against
the following firms. The respondents will be given an opportunity

to show cause why cease and desist orders should not be issued
against them.

lilue Ribbon Halclieries Corp. — Alleging misrepresentation
in connection with the business of hatching, breeding and selling
chickens, especially baby chicks, a complaint has been issued
against Blue Ribbon Hatcheries Corporation, also trading as
Bockenstette’s Blue Ribbon Farms, Sabetha, Kans, ' '

The complaint alleges that through advertisements in newspapers'
and trade journals and by other means, the respondent represents
directly or by implication that it is a “United States Record of
Performance” poultry breeder, w'hen such is not a fact. A United
States Record of Performance breeder, according to the complaint,
is understood by the poultry industry to be one operating a poultry
breeding plant under an official state agency cooperating with the
United States Department of Agriculture, Bureau of Animal In¬
dustry. (4537)

Capital Paint anil Varnish \^'orks, Inc., 1346 West Concord
St. Chicago, is charged with misrepresentation in the sale of paints
in a complaint.

The complaint alleges that in advertising matter and on labels
the respondent uses the w-ords “Pure Lead — Pure Zinc — Pure Oil”
in designating the ingredients of its paints, these words being
employed in a conspicuous place in type larger than and distinctive
from the type and lettering which purport to give the actual com¬
position of the paints. (4536)

Chtsinanie Medicine Company — A complaint has been issued
charging Charles Roehm, trading as Chumanie Medicine Co.,
New Richmond, Ohio, with misrepresentation in the sale of medi¬
cinal preparations.

The complaint alleges that the respondent advertises “Chumanie’s
Triple XXX Tablets,” “Chumanie’s Iron Tonic Pills,” “Chumanie’s
Yellow Jacket Pills,” “Chumanie’s Double RR Tablets,” and
“Chumanie's Plantation C.M.Q. Capsules” as effective treatments,
respectively, for irregular and delayed menstruation, anemia, kidney
and bladder trouble, rheumatism and inflamed joints, and common
colds, when they are not in fact effective treatments for these
ailments. (4530)

Eureka Fibre Company — .Alleging misleading representation
in the sale of an insulating material, a complaint has been issued
against Judd A. Brown and Barry A. Bro-wn, trading as Eureka
Fibre Co.. Eureka, Calif,, and Charles H, Brown, Neenah, Wis.,
their agent and salesman and an active participant in the business.
(4534)

Dr. A. Til. Loughney — Charging misrepresentation in the sale
of a regimen for the treatment of asthma, hay fever, constipation,
and other diseases, a complaint has been issued against .A1 Modey
Loughney, trading as Dr. A. M. Loughney, and his employee,
Roger G. Loughnev, all of 318 Henshaw Building, Oakland, Calif.
(4531)

Ibidergarment Company — .Abraham Radin, doing
business as Pacific Undergarment Company, 13 5 Madison .Avenue,
New York City, is charged in a complaint with misrepresentation
in the sale of certain women’s garments. (4533)

Specialty .Cccoimting .Supply Manufacturers .Association,

Chicago, and O. L, Aloore, its secretary, and 29 of its members
who manufacture and sell sales books and sales records stationery,
are charged, in a complaint, with a combination to restrain and
eliminate competition.

Respondent member manufacturers are: .Acme Register Co.,
Minneapolis; Adams Bros. Sales Book Co., Topeka, Kans.; Amer¬
ican Sales Book Co., Inc., Niagara Falls, N. A'.; .Autographic
Register Co., Hoboken, N. J.; .Atlantic Register Co., Waltham,
Mass.; Baltimore Sales Book Co., Baltimore; Bonnar-A’awter
Fanform Co., Cleveland; Craft Sales Book Co., Inc., Philadelphia;
Egry Register Co., Dayton, Ohio; W. S. Gilk.ey Printing Co.,
Cleveland; Stephen Greene Co., Philadelphia; Hamilton .Auto-

July 18, 1941 — 619

graphic Register Co., Hamilton, Ohio; Hanna Register Co.,
Springlicld, III.; Philip Hano Co.. Inc., Holyoke, Mass.; and
Lisbon Sales Book Co., Lisbon, Ohio.

Los .\ngeles Register & Printing Co., Los .'\ngeles; McCaskey
Register Co., .‘Mliance, Ohio; The Miami System Corp., Cincinnati;
National Carbon Coated Paper Co., Sturgis, Mich.; The Potter
Press, Waltham, Mass.; C. W. Potter, Inc., Waltham, Mass.; The
Rotary Printing Co., Norwalk, Ohio; Schwabacher-Frey Co., San
Francisco; Shelby Salesbook Co., Shelby, Ohio; The Snapout
Forms Co., Chardon, Ohio; The Standard Register Co., Dayton,
Ohio; Sunset-McKee Sales Book Co., Oakland, Calif.; United
.\utographic Register Co., Chicago; and The Wallace Press, Inc.,
New York. (4538)

Taylor School of Hio-l*sycholog.v — Misrepresentation in tlie
sale of correspondence courses in psychology, philosophy, religion
and allied subjects, is alleged in a complaint issued against The
Taylor School of Bio-Psychology, Inc., The Taylor Llniversity
of Bio-Psycho-Dynamic Sciences, and William Marcus Taylor
and Ruby Shearer Taylor, officers of the two corporations, all of
Chattanooga, Tenn. (4529)

Tennessee I’rodncts Corp. — Three hardwood charcoal pro¬
ducers occupying a dominant position in the sale and distribution
of that commodity in the Southern and Southwestern States, and
their exclusive sales agent, are charged in a complaint with a
combination and conspiracy to restrain trade through price fixing
and other practices.

The respondents are: Tennessee Products Corporation, Nashville;
Forest Products Chemical Co., Memphis; and Crossett Chemical
Co., Crossett, .^rk,, hardwood charcoal producers, and Hardwood
Charcoal Co., Memphis, exclusive sales agent for the producers,
which maintains distribution warehouses in Atlanta, Birmingham
and Chattanooga. (4535)

I'tilities Engineering: Institute — A complaint alleging mis¬
representation in the sale of correspondence courses in air condi¬
tioning, electric refrigeration, welding, and automobile body re¬
pairs, has been issued against LTilities Engineering Institute, 1314
Bolden Ave., Chicago.

According to the complaint, the respondent, through the use of
the words "Engineering Institute” in its corporate name, repre¬
sents or implies that it is a group or organization of engineers,
when in fact it is a business organization operating for profit.
(4532)

STIPULATIONS

During the past week the Commission has announced the
following stipulations:

Kniibeii IJarUinv, 45 West 4Sth St., New York, who conducts
an advertising agency, has entered into a stipulation to cease
certain representations concerning the preparation “Vitey Perles”
in behalf of its distributor, H. Pierce Weller, trading as Weller
Co., Atascadero, Calif.

The respondent Barkow agrees to cease disseminating advertise¬
ments which represent that Yitey Perles will increase energy, and
to cease representing that the product has any effect whatever,
without expressly limiting such claims to cases where there is a
deficiency of \'itamin E. The respondent further stipulates that
he will desist from representing that \htey Perles stimulates
sexual de.sire or ability. (02826)

Hatt Urotliers Tobaceo Products, Inc., 21 West 30th St.,
New York, entered into a stii)ulation to cease using words or
jihrases connoting that it maintains a factory in London, England,
and that from such factory certain imported tobaccos are employed
in the manufacture of its cigarettes. The respondent corporation
further stipulates that it will desist from representing, directly
or inferentially, that its cigarettes are made from Russian or F'rench
tobaccos. .According to the stipulation, the respondent does not
now' and has not for many years maintaincfl a London factory
and its cigarettes are made neither of Russian or French tobaccos
nor in Russia or France, but in the United States. (.1168)

620 — July 18, 1941

I'cnson ic Hedges, New York, entered into a stipulation to
discontinue certain representations in the sale of cigarettes. The
respondent corporation agrees to cease using the term "non-nico¬
tine” as descriptive of the mouthpieces of cigarettes in a manner
tending to convey the impression that the mouthpieces have the
effect of cither denicotinizing the cigarette tobacco or appreciably
removing the nicotine from the tobacco smoke which passes through
them. (3163)

David Citstage, Inc. — Two New' York distributors of textile
fabrics have entered into stipulations to cease certain representa¬
tions in the sale of their products. The respondents are Dress¬
maker Fabrics-David Custage, Inc., 666 Fifth Ave., and Jerome
\'. Detmer, trading as J. H. Henrikson & Co., 300 Fourth .Ave.,
New A'ork. (3165-3166)

Jnhiisuii Furiiifure Co., and Johnson-Handley- Johnson Co.,
both of 1101 Godfrey St., Grand Rapids, Mich., have entered into
a stipulation to cease disseminating certain representations in
connection with the sale of furniture. .According to the stipulation,
the two companies have jointly distributed the advertising in
question. They agree to cease and desist from the use of the letters
or initials "F H .A” to describe their business or merchandising
plan ; or representing directly or inferentially, by use of the letters
“F H .A” or otherwise, that the Federal Housing Administration
has sponsored or endorsed their products or that the products
may be purchased or financed through, or on terms similar to
those offered by, the Federal Housing Administration. (3164)

Medical Products Institute, Iiic., 809 Walnut St., Cincinnati,
entered into a stipulation to cease representing by use of the word
"Institute” in its trade name, that it conducts an institute devoted
to scientific study of ailments and conditions of the body.

The respondent further agrees to cease representing that its
device “Hayrin Nasal Filters” will prevent or cure, or constitutes
a medical treatment for, hay fever, rose fever or seasonal asthma;
that this device, when used in combination with a filter pad
impregnated w'ith "Hayrin Nasal Filter Pad Fluid,” will over¬
come the symptoms due to pollens and molds which might enter
the body; and that Hayrin Nasal Filters purify or completely
filter the air breathed, or prevent pollens or molds from reaching
the sensitive membranes. The respondent further stipulates that
it will cease representing that Hayrin Nasal Filters will be of aid
in the treatment or prevention of colds. (02827)

A it-O-Xet, Iiic., 1652 West Ogden Ave., Chicago, stipulated
that it will cease certain representations in the sale of electric
blankets. The respondent agrees to cease employing representations
which imply that its electric blanket is a cure for nephritis, an
effective treatment for infections, dropsical conditions, .Addison’s
diseases, chronic or inflammatory rheumatism, and high blood
pressure ; that the product is a cure for or will correct obesity,
and that it is of value for treating sluggish liver. (3167)

CEASE AND DESIST ORDERS

Commission has issued the follow'ing cease and desist orders
during the past week:

I’erlaiul Supply ('«m[jaiiy, Inc. — .A group of glassware manu¬
facturers and their representatives and an association of w'holesale
dealers have been ordered to cease and desist from combinations
and agreements to suppress competition in the glassware trade in
Milwaukee and the surrounding trade area.

Respondents are: Berland Supply Co.. Inc., S. J. Casper Com-
|)any. Incorporated, I. Shapiro, Inc., and National Bevera.ge Dis¬
tributing Co., wholesalers of glassware and other products, Mil-
w'aukee; Louis M. Mintz, trading as Mintz Supply Co., and W. .A.
Reinemann, trading as Hotel and Restaurant Supply Co., dealers
in hotel and restaurant supplies, including glassware, Milwaukee;
.Anchor Hocking Glass Corporation, Lancaster, Ohio; West Vir¬
ginia Glass Speciality Co., Inc., Weston, W. Va.; Indiana Glass
Co., Dunkirk, Ind.; Rosewarc, Inc., factory agent of the West
Mrginia Glass Specialty Co., Inc., and the Indiana Glass Co.,

Milwaukee; W. H. Peterson, factory ajjent of Anchor Hockin"
Glass Corporation, and the Hotel, Restaurant & Tavern Equip¬
ment Association, and its members. (3861)

I»iirtU‘.v Conipaiiy — I. Burman, trading as Burtley Co., 245
Fifth Ave., New York, has been ordered to cease and desist from
misrepresentations in the sale of “Marrilis,” a drug or cosmetic
preparation advertised as a weight reducer. (3665)

Coiuiniiia Pencil Cdiiipaiiy — Bertram A. Strauss, trading as
Columbia Pencil Company, 29 West 17th St., New York City,
engaged in the sale and distribution of mechanical and ordinary
lead and crayon pencils, has been ordered to cease and desist
from misrepresentation in connection with the sale of pencils.
(4083)

Deiiistoii ('(/iiipaiiy, 4856 South Western Ave., Chicago, en¬
gaged in the manufacture and sale of lead head roofing nails of
various kinds, has been ordered to cease and desist from mis¬
representations in the sale of lead head roofing nails designated
as “drive screw’’ and as “ring shank.” (4219)

Fanners Vaccine & Siipiily Company — John H. Oesterhaus,
trading as Farmers Vaccine (!; Supply Co., Kansas City, Mo., has
been ordered to cease and desist from misleading representations in
the sale of a drug preparation designated “Abortion Vaccine,” in¬
tended for use as a means of rendering cattle immune to “Bang’s
Disease.” (4137)

Irvin Novelty Company — Two Illinois concerns have been
served with orders to cease and desist from the use of lottery
methods in connection with the sale of merchandise to consumers.
The respondents are Irving Cohn, trading as Irvin Novelty Co.,
125J/' East Main St., Danville, Ilk, distributor of candy and
novelty merchandise, and Sisco-Hamilton Co., 514 South Loomis
St., Chicago, candy manufacturer. (4464-4471)

Merck & Company, Inc. — A complaint has been dismissed
which had charged Merck & Co.. Inc., manufacturer of laboratory,
medicinal and other chemicals, with violation of the Robinson-
Patman .Act. The company operates plants in Rahway, N. j.,
and Philadelphia, and maintains offices in those cities and in
New York and St. Louis. (3373)

AloI(,“r Tire Retread Company, lne„ trading as Nation Wide
Tire Company, Central Tire and Retreading Exchange, Standard
Brand Retread Tire Company, and Zephyr Tire Compan>-, and
Benjamin Duchen, president of the corporation, having their
principal place of business at 2441 South Indiana Avenue. Cliicago,
and engaged in selling and distributing retreaded or recapped uscfl
tires, have been ordered to cease and desist from certain mis¬
representations.

The Commission finds that the respondents, b>' means of letters,
order blanks, and other printed and written material, represented,
among other things, that tires purchased from the respondents
will be identical in kind, size, make and quality with samples
displayed by the respondents’ agents; that the respondents’ tires
will be free from boots and patches; that the carcasses used in
their retreaded or recapped tires are less than one year old; that
the tires ordered will be shipped from points in the vicinity in
which the purchaser is located, thereby effecting substantial savings
in freight; that the tires will give many miles of service in the
normal course of usage at a fraction of the cost of a like amount
of service from new tires; and that the tires are sold under a
warranty that the respondents will replace them within certain
periods at one-half the prevailing price, should they prove defective.
(4325)

National Institute, Inc., a corporation trading as Diesel Engines
Training, and its officers, Clayton R. Hastings and John C. Smith,
Muncie, Inch, have been ordered to cease and desist from certain
representations in connection with the sale or distribution of a

course of stud\- and instruction on the subject of Diesel engines.
(3417)

Philip K. Park, Inc., San Pedro, Calif., has been orrlered to
cease and desist from certain representations in the sale of its
dehydrated kelp product known as “Granular Parkelp” and “Par-
kelp Tablets,” (3815)

Pioneer Mattress Company — William E. Evans, trading as
Pioneer Mattress Companc', Spartanburg. S. C., has been ordered
to cease and desist from certain misrepresentations in the sale and
distribution of mattresses. (4483)

Plom.h Tool Compiiny — Orders directing the cessation of lottery
methods in connection with the sale of merchandise to consumers
were issued against Samuel Nitke, 345 West 86th St., New York,
dealer in novelty merchandise, and Plomb Tool Co., 2209 Santa F'e
Ave., Los Angeles, tool distributor. (3567-4384)

Smoke Comlitioncr Company — Henry M. Salisbury and Frank
R. Johnson, trading as Smoke Conditioner Company, 254 West
3tst St., New York City, have been ordered to cease and desist
frem misrepresentation in the sale of a cigarette holder. (4166)

Walch-My-Tnrii-Signal Company — .A complaint has been dis¬
missed which had charged L. B. Patterson, trading as Watch-My-
Turn Signal Co., Des Moines, Iowa, with violation of the Federal
Trade Commission Act in the sale of an electric signalling device
for automobiles. The Commission order recites that it ai)pears
the evidence is not sufficient to sustain the allegations of the
complaint. (4331)

M'eaver Real E.state Appraisal Training Service — Howard
S. Weaver, trading as Weaver Real Estate Appraisal Training
Service, Kansas City, Mo,, has been ordered to cease and desist
from misrepresentations in connection with the sale and distribu¬
tion of home study courses in rural and city real estate appraisal
training.

The Commission finds that in advertising published in news¬
papers and magazines and broadcast by radio, and through his
agents, the respondent represented that the demand for land
appraisers greatly exceeded the supply; that land appraising was
an uncrowded field, lacking qualified men; that various loan
agencies of the Government, as well as private industry, were
seeking men trained bv the respondent; that the Civil Service
Commission was holding examinations for land appraisers from
time to time, and that salaries up to $3800 were obtainable; that
men trained by the respondent were earning $175 to $300 a month,
and that choice money-making positions were available to them.
(4353)

June Index

Page

ABC of Radio (Second Edition) 519

American Society of Composers, Authors and Pub¬
lishers 564

CBS Counter Proposal 564

Broadcast Music, Inc. 501-523-545-565

ASCAP Decrees Suit 545

ASCAP Writers to Publish Through BMI 566

BMI Decree Conformed to ASCAP’s 502

Comment on Marks Suit 565

Composers Flit the Jack Pot 545

“Dipping Into the Claret” 546

Exhibit 502

Extra copies of BMI Index Available 524

July 18, 1941 — 621

Page

Broadcast Music, Inc. — Continued

Feature Tunes 502-523-546-565

Hymn of Freedom 502

Let’s Look at the Record 545

License Forms Approved 523

Music Programs Popular 566

Music Publishers Protective Association Notice 563
Musical Feast 545

New BMI Contract 564

New BMI Publishers 566

New Compositions 523

New Log Service 523

New Radio Logging Begins 545

Success Story 565

Suit to Clarify Performance Rights in Marks’
Songs 545

Supreme Court Decision 501

Broadcast Business Up 19%; Industry Income Up
39% 505

Excess Profits Tax 506

Federal Communications Commission 506-525-544-549-568
Applications Approved WFMC-KEVR 525

Chairman Interprets Regulations 544

Commission Clarifies “Blue” Order 544

Educational FM 506

Educational FM Station 568

Illegal Broadcaster Apprehended 507

Little Brooklyn Cases 549

New York City Station 568

New York “FM” Congestion 550

Newspaper Hearing Postponed 568

Newspaper Stations 506

Orders Amended 550

Propaganda Study 525

Questionnaire on War Broadcasts 568

Refuses WHDH and KOA Stay 549

Report Number 9 — Actions on Rules and Regu¬
lations 550

Rules and Regulations 568

Service Broadcasts Expedited 568

“How to Use Radio” Second Edition 561

IRNA Committee Meets ASCAP 524

Labor 505-546

ACA Plans 546

American Federation of Musicians Convention 546
AFRA, IBEW Oppose Tax 505

Bonus Plans 568

Cost of Living 546

Pay Averages 546

Rennaker Heads ABTU 505

Wage and Hour Act 505

Legislation 507-548

New Recording, Libel Laws 548

State 507

Page

Mutual Independent Radio Network Affiliates Dis¬

bands 525

National Daylight Time 506

Nebraska Broadcasters Association 506

New Mutual Contract 563

Newsome, Gilbert . ^ 549

National Defense 501-549-567

Army’s Recruiting Campaign 501

Constructive Suggestions Welcome 501

Navy’s Recruiting Campaign 501

Patriotic Announcement 568

Radio Men in Service 501-549

Two Changes for the Better 501

War Department Transcriptions 549

Sales 503-521-546-566

Answers to Questions 547

Bankers Hear Talk on Radio 546

Comparison of Media 547

Cost-Per-Inquiry 503-548-567

Harry M. Miller, Inc. — American Schools 503

Radio Income Builders — Speed King Hot
Water Heaters 503

Regnis Advertising — Nu-Phonic Corporation 548

The “Sign” 567

Delay in Filling Orders 566

Deupree Talks Available 504

Double-Billing Condemned 504

Effective Retail Selling 503

Excessive Merchandising 504

Federal Trade Commission Script Review 505

Free Time Request 503-548

Metro-Goldwyn-Mayer Pictures 503

Metropolitan Life Insurance Company 548

Miami Beach 548

Ringling Brothers 548-567

Handling Mail Accounts . 566

International Advertisers Report 567

Max Goldberg Advertising Agency 503

Selling Points for Saturday 521

Sales Calls — J. C. Penny Co., W. T. Grant Com¬
pany . 503

Technicians Shortage 544

White Hearing 497-517-537-559

Advertising Agencies . 500

Commission vs. Congress . 497

Court Review 500

Effect on Remote Stations 517

Mutual Lawyer Wants Amendment 518

News Commentators 520

Pov/ers of the FCC 499

Smaller Stations 501

Strong Arguments for Amendment 517

Will Agencies “Go Network”? 521

World Series . 518

622 — July 18, 1941

1626 K STREET, N. W.

WASHINGTON, D. C.

Vol. 9, No. 29, July 25, 1941

FEDERAL TIME SALES TAX

The House Ways and Means Committee late Wednesday wrote into the new revenue
bill an unjust and discriminatory provision to tax radio time sales.

According to best estimates, the tax would cost the industry about $4,500,000 a year, net.
The bill, as approved by the committee, provides for the following taxes on net time
sales of stations or networks:

5 per cent $100,000— $500,000

10 per cent $500,000— $1,000,000

15 per cent $1,000,000 or more

Affiliates would have to pay the tax on their payments from networks, as well as their
own sales.

Earlier in the week, the NAB was assured by committee members that this discrimina¬
tory tax, first proposed by a small group of men purporting to represent printing trades
unions, had been abandoned.

It was revived shortly before the bill was completed, however, when the committee
was searching for items to replace some that had been discarded.

Although the NAB on Thursday made every effort to get the committee to reconsider
its action, it appeared probable that the tax would be reported favorably to the House on
Friday or Saturday. It probably will be approved by the House sometime next week
under a rule which forbids amendment.

The bill then will go to the Senate Finance Committee, made up of the following:

Walter F. George, of Georgia
David I. Walsh, of Massachusetts
Alben W. Barkley, of Kentucky
Tom Connally, of Texas
Josiah W. Bailey, of North Carolina
Bennett Champ Clark, of Missouri
Harry Floyd Byrd, of Virginia
Peter G. Gerry, of Rhode Island
Joseph F. Guffey, of Pennsylvania
Prentiss M. Brown, of Michigan

Clyde L. Herring, of Iowa

Edwin C. Johnson, of Colorado

George L. Radcliffe, of Maryland

Robert M. La Follette, Jr., of Wisconsin

Arthur Capper, of Kansas

Arthur H. Vandenberg, of Michigan

James J. Davis, of Pennsylvania

John A. Danaher, of Connecticut

Henry Cabot Lodge, Jr., of Massachusetts

Robert A. Taft, of Ohio

The NAB is certain that the broadcasting industry is glad to pay its just share of the
cost of the Defense Program. But the NAB will present to the Senate Committee the
industry’s case against such a rankly discriminatory tax that will, in the long run, militate
against every station in the country, large or small.

Neville Miller addressed the following letter to Chairman Doughton (D-NC) and all
other members of the House committee:

The broadcasting industry today was greatly disturbed by published reports that the
Ways and Means Committee of the House of Representatives has (Continued on page 624)

July 25, 1941 — 623

Neville Miller, President C. E. Arney, Jr., Assistant to President

Edward M. Kirby, Director of Public Relations : Joseph L. Miller.
Director of Labor Relations ; Frank E. Pellegrin, Director of
Broadcast Advertising ; Paul F. Peter, Director of Research ;
Russel! P. Place. Counsel; Lynne C. Smeby, Director of Engineering

FEDERAL TIME SALES TAX

(Continued from page 623)

decided to submit to Congress a recommendation to levy
a special and discriminatory tax upon radio advertising.

Doubtless every industry whose tax payments are to
be increased by the pending proposal will urge reasons
against the action taken affecting their particular field.
I wish to emphasize, therefore, that the broadcasting in¬
dustry does not and will not seek to evade its just and
proportionate share of the tax burdens which of necessity
must be increased because of the present emergency. What
we do object to most strenuously is the discrimination
which is involved in imposing this special burden upon
radio which places the industry at a disadvantage in com¬
peting for business with newspapers and magazines. I
have received numerous telegrams and other communica¬
tions from broadcasters throughout the country urging
that I submit to you the views of the industry and re¬
quest reconsideration of the action that has been taken.

I, therefore, respectfully submit for your consideration
certain factors which I believe should convince you that
this penalty on radio advertising is unwarranted and that
the committee should reconsider its action. These factors
include:

(1) This special penalty on radio advertisin': will undoubtedly
drive many advertisers to newspapers and magazines or other
forms of advertising. This loss of revenue would result in lessen¬
ing the ability of stations to serve the public. The inequity of a
special tax on only certain forms of advertising seems obvious.

(2) Although the tax appears to be in the nature of an excise,
it is in reality a tax upon the gross income of radio stations. It
is standard practice for the industry to enter into yearly contracts
with advertisers at a fixed rate. Many of these contracts contain
provisions protecting the rate to the advertiser for periods even in
excess of a year. Even if the advertiser would pay an increased
rate, many stations will be prohibited by contract from attempting
to pass the increase along to the advertiser. Thus the certain
result would be decreased profits and in many instances no profits.
This would create a pressure to divert revenues which are now
used in the development of a better radio service.

(3) Under the proposals as suggested by the committee, many
broadcast stations would suffer a reduction of 50 per cent or more
in their net income. This is true even after allowing for any
saving that would result from a reduction in the amount to be
paid under the excess profit tax provisions.

(4) Radio broarlcasting, under general corporate levies, is paying
its share of federal taxes and would of course continue to do so,
under any general increase in these schedules which Congress
might adopt.

624 — July 25, 1941

(S) Earlier proposals for a special, punitive tax upon radio
broadcasting originated with a small group purporting to repre¬
sent certain unions in the printing trades field. Radio employs
many thousands of persons who are members of labor organiza¬
tions. I have been advised by the American Federation of Labor
that it does not favor a special tax on broadcasting which would
have the effect of penalizing certain of their members for the
dubious advantage of other members employed by competing in¬
dustries.

I know it is obvious to you that radio has a most im¬
portant function to perform in this crisis. Unnecessary
obstacles which will impair our ability to do a real job
must be avoided. We are willing, as all .American in¬
dustry must be, to make whatever sacrifices may be neces¬
sary. All we ask is equality of treatment and, I am
confident, that upon reflection you will agree we are en¬
titled to no less. We are advised that Treasury estimates
indicate that less than $5,000,000 in additional revenue
will be collected from this source. Therefore the fiscal
program of the government could not be seriously affected
by eliminating this discriminatory levy. We are convinced
that the harm that will be done to broadcasting because
of the penalty upon radio advertising greatly outweighs
any advantage to the government because of the revenues
deriving from this source.

I am transmitting these views on behalf of the Na¬
tional Association of Broadcasters, to the chairman and
each member of the Ways and Means Committee of the
House of Representatives.

Newspaper Hearings

Hearings by the FCC on the question of whether newspapers
should be permitted to acquire either FM or standard band stations
in the future started Wednesday, July 23, in the auditorium of
the Archives Building.

Just before the start of the hearings, the FCC announced that
it had denied the petition of the American Newspaper Publishers
.Association to terminate the proceedings. This action was taken
in the form of the following order:

Before the

FEDERAL COMMUNICATIONS COMMISSION
Washington, D. C.

Docket No, 6051
In re Orders No. 79 and 79-.A

Decisiotr and Order on Motion to Vacate Order

This is a petition by .American Newspaper Publishers Association
to vacate Commission Order No. 79 and Order No. 79-A and to
terminate the proceedings instituted thereunder.

Order No. 79, issued on March 20, 1941, directed that an investi¬
gation be undertaken to determine what statement of policy or
rules, if any, should be made concerning applications for high-
frequency broadcast stations (FM) by persons also associated with
the publication of one or more newspapers, and concerning the
future acquisition of standard broadcast stations by such persons.
This order was supplemented by Order No. 79-A, issued July 1,
1941, setting forth the issues on which testimony would be taken.
The hearing was originally scheduled for June 25, 1941, but was
continued to July 23, 1941, on the petition of a committee repre¬
senting certain newspaper publishers.

The instant petition, filed July IS, 1941 — eight days before the
date set for the hearing — requests the Commission to vacate its
Orders No. 79 and 79-A on the ground that the Commission lacks
authority to conduct proceedings of the type contemplated by the
Order.

Our jurisdiction to issue Order No. 79 and Order No. 79-A was
carefully considered prior to the promulgation of those orders. It
seems inconceivable to us that an argument could be seriously ad¬
vanced against the inherent power of any administrative agency,
endowed by statute with power to hold hearings, issue subpoenas,
etc., to conduct general hearings of the type involved here. One of
the principal reasons for the establishment of administrative agen¬
cies is the expertness which such agencies are expected to develop in
the administration of difficult and complicated matters. If problems
involved in the regulation of an agency are complex enough to
induce Congress to establish an administrative agency to administer
them, it would seem unlikely that Congress would limit its useful¬
ness by denying to it the power to hold general hearings for the
purpose of acquainting itself with the problems of the industry
and the best solution therefor. Such an intention is not to be
imputed to Congress unless the statute creating the agency ex¬
plicitly so provides.

But our jurisdiction does not rest alone on this inherent power
of administrative agencies. The Communications Act explicitly
confers on us the power to conduct such proceedings as that
involved in Orders 79 and 79-A.

Section 403 of the Act provides:

“The Commission shall have full authority and power at
any time to institute an inquiry, on its own motion, in any
case and as to any matter or thing concerning which com¬
plaint is authorized to be made, to or before the Commission
by any provision of this Act, or concerning which any question
may arise under any of the provisions of this Act, or relating
to the enforcement of any of the provisions of this Act.”
(Italics supplied.)

In the administration of Section 309 of the Act, authorizing the
Commission to grant or deny applications for station licenses, the
question whether the public interest, convenience, and necessity
is served by the granting of a license to new'spaper interests has
arisen from time to time. (e.g. Port Huron Broadcasting Co.,
S F.C.C. 177; Dorrance D. Roderick, 3 F.C.C. 616, 5 F,C.C. 563;
The South Bend Tribune, 6 F.C.C. 783; Barnes & Weiland et al.
- F.C.C. - (Decided April IS, 1940.))

With the recent advent of frequency modulation (FM) broad¬
casting, this question has taken on an increased importance.
Out of 116 applications for FM licenses 45, filed by newspaper
interests, confront the Commission with the necessity of deter¬
mining whether or not the granting of FM licenses to such interests
will serve the public interest, convenience or necessity. The Com¬
mission’s duty to act upon these applications for licenses carries
with it the duty to determine the qualifications of the applicants.
Under Section 309 each of these applications would have to be set
for hearing if the Commission could not determine from the
examination thereof that public interest, convenience or necessity
would be served by a grant. To deny the Commission the power
to institute a general inquiry into the same matter under Section
403, as urged by petitioner, would deprive Section 403 of all
meaning, and would lead to the unreasonable result that we are
empowered to hold scores of particular hearings in order to arrive
at a determination of policy but are not empowered to hold one
general inquiry for the same purpose. The power conferred by
Section 403, and the further power conferred by Section 4(j) to
conduct proceedings “in such manner as will best conduce to
the proper dispatch of business and to the ends of justice” were
hardly intended to impose such a procedural straitjacket on the
Commission.

The Commission’s authority under Section 403 to institute the
proceedings covered by Orders 79 and 79-.\ is not, moreover,
limited to matters arising under Section 309. .\n inquiry may

be authorized as to “any matter” concerning which “any ques¬
tion” may arise under “any of the provisions of this Act.” Thus
the issues to be examined pursuant to Order No. 79 may be
broad enough to include subjects concerning which the Com¬
mission may wish to consider recommending additional legisla¬
tion in its annual report to Congress, as directed by Section 4(k)
of the Act. Even if the questions arising under Order No. 79
and 79-A were not clearly matters arising under Section 309, the
Commission could conduct such a general inquiry preliminary
to determining whether to make recommendations to Congress
for additional legislation.

The instant petition appears to be less concerned with Order
No. 79 and Order No. 79-A than with some possible regulations,
the precise nature of which petitioner does not state, which it
fears the Commission may promulgate at some future date. It
would certainly not be conducive to the proper dispatch of busi¬
ness to permit petitioner at this time to argue the validity of
purely suppositious regulations which may or may not be pro¬
mulgated after the hearings are closed. If at the close of the
hearings we do determine that the public interest makes regula¬
tions necessary or advisable, our procedure allows ample oppor¬
tunity to argue the validity or invalidity of such regulations at
that time.

It Is Ordered, this 23rd day of July, 1941, that the petition
filed by American Newspaper Publishers Association to vacate
Commission Order No. 79 and 79-A Be, and It Is, Hereby Denied.

Federal Communications Commission.

In opening the hearings, Mr. Fly said he “should like to comment
briefly on two or three matters.” He said:

“The general question of joint control over newspapers and
broadcasting stations has been a topic of interest, both in Congress
and elsewhere, for a long time. When the Radio Act of 1927 was
being debated, for example, Senator Dill, the Senate sponsor of the
bill, pointed out the need for deciding such questions as whether
one newspaper in a city should have a radio station when other
newspapers do not, and urged that such questions indicated the
need for a federal commission to regulate broadcasting. (67 Cong.
Rec. 12353, June 30, 1926.) There was discussion of newspaper
ownership of broadcasting stations before the Senate Committee on
Interstate Commerce in January, 1930, at which time Senators
Wheeler, Dill, and Brookhart indicated an awareness of the
problem. (Hearings before the Senate Committee on Interstate
Commerce on S. 6, 71st Cong., 2nd sess., pp. 1643, 1718, 1744,
2077,) Senator Neeley expressed opinions on the subject in Jan¬
uary, 1935, during the Hearings on the Confirmation of the Mem¬
bers of the Federal Communications Commission (74th Cong.
1st sess., p. 195). Representative Monaghan expressed outspoken
opposition to newspaper ownership of broadcasting stations in
August, 1935i. (79 Cong. Rec. 14310-14316.) On January 28,

1937, Representative Wearin introduced H.R. 3892, entitled ‘A Bill
to amend the Communications Act of 1934 by adding thereto pro¬
visions designed to prohibit unified and monopolistic control of
broadcasting facilities and printed publications, and for other
purposes,’

“On March 15, 1937, Senator White commented at some length
on newspaper ownership of radio stations, in the course of which
he suggested that the Commission ought to formulate views on the
subject. He said in part: ‘If the Commission senses the situation,
and if it has views as to what our policy should be, it has skill¬
fully concealed the fact from Congress.’ (81 Cong. Rec. 2334-
2335.)

“The importance which has thus been continuously attached
to the problem and the further fact that the Commission is now
faced with a group of newspaper applications for FM facilities,
have caused us to conclude that a general inquiry is advisable. Out
of 99 applicants for FM licenses as of June 30th, 43 are newspaper
interests. These newspaper applications raise the common question
of the extent to which and the circumstances in which grants to
newspapers will serve the public interest. We could, of course,
have considered the question separately as to each of the 43 appli¬
cants. The proper dispatch of business, however, as well as the need
to achieve that degree of uniformity, consistency, and informed
judgment properly expected of administrative bodies, clearly indi¬
cate the advisability of these general hearings.

“I would like particularly to emphasize that the purpose of these
hearings is to inform the Commission. No conclusions or opinions
have been formulated by the Commission. The facts and cir¬
cumstances vyhich will be developed in these hearings may lead us
to the conclusion that no rules or policies whatsoever need to be
developed. Or they may lead us to the conclusion that recom¬
mendations to Congress should be made, and the problem handled
by way of legislation. Or we may conclude that certain policies
or regulations can and should be developed within the jurisdiction
already committed to us by Congress.

“The Commission believes that discussion of its jurisdiction
under existing law to take action with respect to joint control of
newspapers and radio stations would be premature at this time.
The jurisdictional question itself must be determined partly in the
light of the facts and circumstances which the hearings develop,
and argument should be based on concrete rather than supposi-

July 25, 1941 — 625

tious proposals. The Commission will afford ample opportunity
for the e.xpression of views on the jurisdictional question if and
when it contemplates the issuance of any rules.

“I have emphasized the fact that the sole purpose of these
hearings is to inform the Commission. I want to add, with equal
emphasis, that the Commission is determined to be informed. Our
jurisdiction to formulate rules will be determined subsequently;
our jurisdiction to make a study of the problem we think clear,
as stated in qur decision released today on the petition filed by the
American Newspaper Publishers Association. Government com¬
missions have a duty to inform themselves of problems pertinent
to the field in which they function. The public and the Congress
would rightly criticise us for passing over without consideration
problems basic to the welfare of the radio industry and the public
which it serves. It is for just such reasons that Congress has
empowered this Commission to hold hearings concerning any ques¬
tion which may arise under the Act which we administer, and to
require the attendance and testimony of witnesses and the produc¬
tion of relevant documents and to pay the attendant expenses of
such proceedings. Furthermore, it is wholly in accord with the
traditions and institutions of our form of government that we
should carry on such a study, and it has been familiar practice
at least since the establishment of the Interstate Commerce Com¬
mission half a century ago.

“In the interests of comprehensiveness the Commission has itself
conducted field investigations in sample localities, and will call
witnesses competent to describe various local situations. Let me
emphasize that such local matters will be entered into wholly for
the light they cast upon the general issues. This is not an inquiry
into the activities of particular licensees but into a nation-wide
situation. Also the Commission will call some expert witnesses —
scholars of recognized authority who will present evidence based
on their independent studies.

“The following appearances have been filed in the present hearing
and have been allowed:

“Oregonian Publishing Company, licensee of Radio Sta¬
tions KGW and KEX, Portland, Ore.

“FM Broadcasters, Inc.

“Hildreth & Rogers Company, licensee of Radio Station
WL.AW, Lawrence, Mass.

“The American Network, Inc.

“In addition.. Station WGN, Chicago, Illinois, and KOOS, Marsh¬
field, Oregon, and the Newspaper-Radio Committee have given
notice that they desire to be heard. They have been informed that
their appearances will be allowed upon the filing of statements
showing the nature and relevance of the evidence which they pro¬
pose to present, and in the case of the Newspaper-Radio Committee,
upon the furnishing also of a statement of the persons who are
represented by that committee. As contemplated in the Commis¬
sion’s public notice of July 1, 1941, setting forth the ‘Procedure
for hearings under Order No. 79’, requests to appear may be filed
at any time during the course of the hearings, and, if in the proper
form, will be allowed.

“The present sessions will be devoted to the calling of witnesses
by the staff of the Commission and to its presentation of exhibits
and documentary evidence. Persons whose appearances have been
allowed will be permitted, in the di.scretion of the Commission,
to cross-examine witnesses with respect to phases of the inquiry
as to which they themselves propose to adduce evidence. Those
persons who have appeared or who hereafter appear will be given
notice at some later date as to when they will be afforded an op¬
portunity to introduce evidence.

“It is not contemplated that all the hearings will be held con-
-secutively. Following the calling of certain witnesses by the Com¬
mission, an opportunity will be given for those other witne.sses
who wish to testify at that time. Thereafter we will adjourn for
a period to be then determined and then reconvene for the taking
of additional testimony.

“One final matter: since the hearings are concerned with the
relationship between broadcast stations and newspapers, some
understanding of the latter industries is necessary. Inquiry will
be made into the operations and functions of each. The Com¬
mission does not, of course, contemplate any action with respect
to the newspaper industry apart from its relationship to broad¬
casting. Evidence as to the internal workings of the newspaper
inquiry will be adduced therefore only insofar as it throws light
upon the relationship which has existed or should exist between
the broadcast and newspaper industries.

“We are confident that on the basis of evidence to be submitted
by representatives of the broadcasting industry and the newspaper
publishing industry, by scholarly authorities, and by persons

626 — July 25, 1941

especially cognizant of local situations in communities of various
sizes and kinds, a record will be developed which will aid us in
the performance of our duties hereafter, and will enable us to reach
a sounder solution of the problem than would be possible if we
proceeded without this general inquiry to the determination of
particular cases. It is in this spirit of fact-finding that the Com¬
mission desires to proceed.”

Elisha Hanson, counsel for the ANPA, arose to argue his motion
to dismiss, but was informed at that time that it already had been
overruled. He started to discuss the matter, but was summarily
refused the opportunity. Mr. Fly advised him that he and his
clients would be permitted to contest the Commission’s jurisdiction
if and when the Commission proposed any rules and regulations
affecting the clients’ interests. Judge Thatcher, representing the
Newspaper Radio Committee, likewise was refused opportunity
to contest the legality of the hearings.

The Commission, however, granted Mr. Hanson permission to
file the following statement:

Mr. Chairman and Gentlemen of the Commission:

I appear specially as Counsel for the American Newspaper Pub¬
lishers Association to address myself to the motion filed on be¬
half of that Association on July IS, 1941, to vacate Orders Nos.
79 and 79A and terminate this proceeding.

Because of the serious question raised in the body of that motion,
I also request that pending your decision thereon all further pro¬
ceedings herein be stayed until the issue as to your authority to
proceed at all is determined.

We are all familiar with the fact that on March 20 last, the
Federal Communications Commission entered its Order No. 79,
wherein it ordered that an immediate investigation be undertaken
“to determine what statement of policy, or rules, if any, should
be issued concerning applications for high frequency broadcast
stations (FM) with which are associated persons also associated
the publication of one or more newspapers” and also what “state¬
ments of policy or rules, if any, should be issued concerning
future acquisition of standard broadcast stations by newspapers.”

I think it will be conceded at the outset that if the Commission
has the power to prohibit persons engaged in the newspaper busi¬
ness, because of that fact and only that fact, from receiving ap¬
proval of applications for licenses for the operation of radio broad¬
cast stations, either in the high frequency or the standard broad¬
cast band, there can be no question as to your authority to conduct
a proper inquiry for the purpose of determining a policy in respect
of such applicants and promulgating rules barring them from re¬
ceiving licenses if, in your judgment, they should be barred.

Also, I think, under our settled jurisprudence, it will be con¬
ceded that if you do not have the power to prohibit persons en¬
gaged in the newspaper business from receiving approval of
applications for broadcast licenses on the sole ground that they
are engaged in that business, then you do not have any power to
make an investigation for the purpose of adopting any statement
of policy or rules on the subject.

It has been judicially determined that you do not have such
authority.

The United States Court of Appeals for the District of Columbia
in a controversy between a licensee and this Commission arising
over the granting of an application for a proposed station filed
by the owner of a newspaper stated that it knew of no provision
of statute or rule of law which forbids broadcasting by the owner
of a newspaper. Tri-Slate Broadcasting Company v. FCC, 96
F. (2d) 564.

-At this point it is pertinent to inquire as to who may or may
not hold radio broadcast licenses.

The limitations on the holding and transfer of licenses are spe¬
cifically and precisely set forth in Section 310 and 311 of the Act.

Under Sec. 310 (a) a station license cannot be granted to or
held by

( 1 ) Any alien or the representative of any alien ;

(2) Any foreign government or the representative thereof;

(3) Any corporation organized under the laws of any foreign
government ;

(4) Any corporation of which any officer or director is an
alien or of which more than one-fifth of the capital stock is owmed
of record or voted by aliens or their representatives or by a
foreign government or its representative, or by any corporation
organized under the laws of a foreign government;

(5) Any corporation directly or indirectly controlled by any
of those precluded from a license in the preceding paragraph, if

the Commission finds that the public interest will be served by
the refusal or revocation of such a license.

Sec. 310 (b) provides that a license shall not be transferred,
assigned or disposed of, voluntarily or involuntarily, directly or
indirectly, to any person unless the Commission shall, after securing
full information, decide that the transfer is in the public interest
and give its consent in writing.

Sec. 311 provides for the refusal of licenses and permits in cer¬
tain cases, those cases being those of persons “finally adjudged
guilty by a Federal Court” of certain violations of the Anti-
Trust laws.

Such gentlemen, are the limitations of the statute under which
your body functions on the holding or transfer of licenses. Solely
by reason of being engaged in the newspaper publishing business,
a newspaper publisher, whether an individual or a corporation,
does not ipso facto become either an alien, a representative of an
alien, a foreign government or the representative thereof. Neither
does such an individual or corporation become a crim.inal solely
by reason of being engaged in the newspaper publishing business.

Insofar as the application of the .Anti-Trust Laws to licensees
or applicants for licenses is concerned, this Commission does not
have any original jurisdiction whatsoever. Proceedings under
those laws must originate elsewhere and this Commission is with¬
out power to act until there has been a final judgment of guilt.
Then its authority is limited to the person or persons finally ad¬
judged guilty. It cannot be extended to others.

As I have pointed out, the limitations on the holding and transfer
of licenses and on the refusal of licenses and permits, are specifi¬
cally set forth in the statute. So are the limitations cn the revo¬
cation of licenses and on the application of the Anti-Trust .Acts.

This Commission has no power either to exceed or to extend
the .Act. It must operate within the confines of its authority. It
cannot trespass beyond.

Being without authority to extend or increase the limitations
of the statute it is without authority to conduct an inquiry to
determine whether or not it shall adopt any policy or rules to
that end.

Therefore it should vacate its Order No. 79 and terminate this
proceeding without further ado.

It may be argued on behalf of that order that the Commission
has general powers of inquiry (a) for the purpose of determining
if the public interest will be served in the granting of licenses and
(b) for the purpose of making reports to the Congress.

.An analysis of the statute and a consideration of the controlling
decisions of our courts, however, cannot be otherwise than con¬
vincing that the Commission in its consideration of the public
interest must give consideration to that interest, insofar as appli¬
cations for broadcast station licenses are concerned, as the facts
are developed in connection with a particular application. There
is no statutory authority empowering the Commission on its own
motion to make general classifications of persons, otherwise quali¬
fied under the statutes, for the purpose of laying down a policy
or adopting rules either for the purpose of prohibiting persons
belon.ging to a certain class from holding licenses or limiting the
number of persons within a certain class who may hold licenses.

Insofar as its reports to Congress are concerned, again the Com¬
mission’s authority is limited.

One is a general power to be found in Section 4 (k) of the
statute. This section requires the Commission to make an annual
report to the Congress, just as similar sections in other statutes
require such reports from all other legislative agencies. There is
nothing in this section that cither by inference or implication can
be construed as authorizing an inquiry such as that initiated by
the Commission’s Order No. 79.

Two other sections of the statute namely 215 (a) and 307 (c)
provide for reports to Congress. The provisions of Section 215 (a)
are limited to common carriers engaged in wire and radio com¬
munication and subject to the .Act. It does not extend to broad¬
cast stations of any kind or description.

The provisions of Section 307 (c) are limited to non-profit pro¬
grams and activities, on which the Commission was required to
report not later than February 1, 1935.

The foregoing discussion should satisfy that the Commission
does not have any authority under the Communications Act of
1934, as amended, to make the inquiry provided for in its Order
No. 79. Consideration of the Commission's Order No. 79-.A out¬
lining the matters concerning which the Commission proposes to
take testimony and receive other evidence shows that that order
exceeds any power which the Commission has under the .Act and
runs into headlong conflict with an adjudication of the powers of
the Commission by the Supreme Court of the United States.

Nowhere in the Communications Act of 1934, As .Amended, is any
power vested in the Commission to regulate the business of any
broadcast station licensee, or exercise any supervisory control over
any licensee’s programs, business management or policy.

The Commission’s powers in respect of broadcast station appli¬
cants are limited to consideration of specific applications for the
purpose of determining (a) if there be an available frequency over
which the applicant can broadcast without interference to others,
(b) if the applicant is financially able to make good use of the
assigned channel, (c) if his equipment is adequate and (d) if his
proposed program service is competent to serve his listening public.

That is not my statement, gentlemen, but a summary of a state¬
ment made by the Supreme Court of the United States in a case
which you yourselves asked that Court to review in order to con¬
strue your own powers, when you were not content with a decision
in the controversy as rendered by the Linited States Court of .Ap¬
peals for the District of Columbia.

I quote a few excerpts from that decision:

“The Act does not essay to regulate the business of the licen¬
see. The Commission is given no supervisory control of the
programs, of business management cr of policy. In short, the
broadcasting field is open to anyone, provided there I e an
available frequency over which he can broadcast without inter¬
ference to others, if he shows his competency, the adequac)'
of his equipment, and financial ability to m.ake good use of
the assigned channel.”

.Again, as the Court said:

“The Act recognizes that broadcasters are not common
carriers and are not to be dealt with as such. Thus the .Act
recognizes that the field of broadcasting is one of free competi-
ticn. The sections dealing with broadcasting demonstrate that
Congress has not, in its regulatory scheme, abandoned the
principle of free cempetitien, as it has done in the case of
railroads, in respect of which regulation involves the suppres¬
sion of wasteful practices due to competition, the regulation of
rates and charges, and other measures which are unnecessary
if free competition is to be permitted.

Finally the Court said:

".An important element of public interest and convenience
affecting the issue of a license is the ability of the licensee to
render the best practicable service to the community reached
by his broadcasts.” F. C. C. v. Sanders Bros. Radio Station,
309 U. S. 470.

Gentlemen, that case arose when the licensee of a radio station
appealed from an order of this Commission granting approval to
the application of a newspaper for the construction of another
station in the area that the first station served and in the same
citv where the newspaper was published.

Now' what do we find in respect of your Order No. 79-.A? In
that order you set forth 10 specific subjects on which you say
that you desire information in order to determine what policy you
shall lay down cr what rules you shall adopt concerning applica¬
tions for high frequency broadcast stations cr the future acquisition
of standard broadcast stations by new'spaoers.

In the order of their presence in Order No. 79-.A your questions
are as follows:

1. To what extent broadcast stations are at present associated
with persons also associated with publication of one or more
newspapers, the classification (in terms of power, location,
network affiliation, etc.) of broadcast stations so associated,
the circumstances surrounding such association, and the ten¬
dency toward such association in the future.

2. Whether joint association of newspapers and broadcast

.stations tends or may tend to prejudice the free and fair
presentation of public issues and information over the air,
or to cause editorial bias or distortion, or to inject editori d
policy or attitude into the public service rendered by broad¬
cast stations as a medium of public communication.

3. Whether joint association of newspapers and broadcast

stations tends or may tend to restrict or distort the broad¬
casting of new's. or to limit the sources of news to the public,
or to affect adversely the relation between news-gathering
services and broadcast stations.

4. Whether the joint association of newspapers and broadcast
stations has or may have anv effect upon freedom of acce.ss
to the radio forum, for the discussion of public issues.

5. Whether the joint association of newspapers and broadcast
stations tends or may tend to lessen or increase competition

July 25, 1941 — 627

:imonK broadcast station? or to result in the monopolization
of local broadcast facilities.

6. Whether the joint association of newspapers and broadcast
stations tends or may tend to increase or decrease concen¬
tration of control over broadcast facilities or the use thereof.

7. Whether the joint association of newspapers and broadcast
stations constitutes or may constitute an undue concentration
of control over the principal media for public communication.

8. Whether joint association of ncwspaiiers and broadcast sta¬
tions tends or may tend to result in the utilization of im-
IH'Oved facilities and skilled, cxjKu-ienced personnel for the
procuvinR and dissemination of information and opinions by
broadcast stations.

9. Whether joint association of newspapers and broadcast sta¬
tions tends or may tend to insure greater economic stability
for liroadcast stations and to encourage the ma.ximum tech¬
nological development of radio.

10. What considerations influence newspaper interests to acejuire
broadcast stations.

I submit that in the light of the decision of the Suirreme Court
of the Ihiited States in tlie Sanders Bros, case you have no power
to inquire into any one of those matters.

Furthermore, I also submit that the questionnaire which tlie
Commission sent out on June 2S to present licensees deals witii
subject matter over which the Comrni.ssion has no authority either
under the statute or as construed by the courts. That questionnaire
is nothing more nor less than .an impertinent effort on your part to
inquire into the newspaper publishing business, t!ie business policies
of newspapers, the cditori.-’l policies of newsp.apers, the advertising
practices of newspapers, the promotional activities of newspapers,
the news policies of newspapers, the nature of the work performed
by newspaper employees, and the business connections of news¬
papers over none of which docs this Comniksion have anv authority
whatsoever. If it be argued that the questionnaire is designed to
obtain information for use in connection with the administration
of the broadcast provisions of the C'ommunications Act of 1934,
As Amended, then again I submit tliat the questionnaire shows on
its face that it is an effort to inquire into matters which the
Supreme Court says this Commission has no liusiness with. You
do not have a supervisory control over the programs, or the busi¬
ness management, or the j^olicies of radio stations and you are not
empowered to make any general inquiry into the nature of pro¬
grams, ljusiness management or policies of radio stations such as
you have attempted in this inquiry, as is forcible' illustrated in that
questionnaire.

In conclusion I desire to cal! your attention to the fact that
several years ago the Chairman of this Commission asked its
General Counsel to sulamit -an opinion on the question as to
whether the Commission has authorite' to deny an application of
a newspaper for radio facilities on I'lc ground th:i( it is against
the public interest for newspapers to o|;erate stations. Your
own General Counsel as of that time told you V'ou liad no such
authority. Since then the United States Court of Appeals for
the District of Columliia has given you the sainc word and also
the Supreme Court of the United States has told you just what
your i)owcrs are.

Your powers do not embrace authority to adoiit any policy
or rules the purpose of which is to prohibit persons engaged in
the newspaper publishing business from operating radio stations.
Being without power to adopt any .such policy or rules you
are without power to conduct an inquiry for the purpose of
determining whether or not you should adopt such a policy or
rules.

Therefore, I respectfully submit that my motion to vacate
Orders Nos. 79 anrl 79~.A should be granted and this proceeding
terminate.

1 further submit that if the Commission is not at this time
prepared to rule upon that motion it should stay all further
proceedings in this inquiry until it determines this question.
In the event the Commission decides to stay tlie inquiry then 1
should like a reasonable time if your body so desires within whicli
to file a brief in support of my statement this monii.ng.

Insertion in the record of a vast number of Commission exhibits
dealing with the relationship of newsixipers and radio stations
consumed the rest of the Wednesday morning session and a part
of the afternoon session. The other Wednc.day w'itness was
Elmo Roper, public opinion experf, who diLCUsscil at length the
sur\'e>' he made for F.irtunc maga/in? dealing with the public’s
opinion about news on tlie radio and news in tile newspapers. lie
was questioned at length by members of the Commission as to

628 — July 25, 1941

whether these figures represented the facts. Fie insisted, in all
instances, that he represented only the public’s opinion.

The first witness Thursday morning was Professor Mitchell V.
Charnley of the Minnesota School of Journalism who testified to
the different techniques in processing news for newspapers and
radio broadcasting. He stated it was his belief that separate
staffs to select news for the two media are desirable. On cross
examination by Judge Thatcher it was brought out that the
witness had not made or supervised any study as to the facts
of w'hether it is usual or unusual for radio stations and news¬
papers to operate with the same staffs, and that the witness
had not made or supervised any study as to the relative merits of
service to the public by stations under newspaper management and
stations under other management. He stated that he was, there¬
fore, unable to express an opinion on the relative merits of such
service.

The next witness was Mr. Marco Morrow who stated he was
associated with the Capper newspaper interests and titular head
of Senator Capper’s radio stations. He testified that in his opinion
radio is just another means of reaching the people, as necessary
for newspapers as fast presses and cable service, and “inherently
a part of journalism.’’ When questioned by Chairman Fly as to
whether or not in the case of a single newspaper and a single
radio station in a community better service to the public would
not be rendered if the two were under separate ownership, lie
stated that he believed that the better service would be rendered
by the radio station owned by the newspaper as the advantages
mere than offset any danger of abuse by virtue of joint owner¬
ship. Commissioner Craven inquired if there was any reason why
newspapers as a class should not own radio stations and the
witness answered “no.”

The next witness, Ur. Albert McCIung Lee, assistant professor
of marketing at New York University, stated that in his opinion
the political and economic views of newspapers affect the enthu¬
siasm of the response to their advertisements; that the long-term
trend has been towards elimination of competition in the daily
newspaper field and also towards fewer daily newspapers, due
to economic restriction. In the course of a lengthy statement on
the meaning of freedom of the press, he stated his belief that the
present concentration of newspaper ownership prohibits a free
press in the sense that that was understood at the time of the
adoption of the Constitution.

When pressed under cross examination by Louis G. Caldwell,
counsel for the Chicago Tribune, the witness stated that a free
press under the first amendment of the Constitution means free¬
dom from interference by Congress, as does freedom of speech.

The final witness was de Quincy Sutton of the Commisison staff
who discussed at length numerous summaries of various financial
reports by licensees to the Commission.

The hearing was recessed until 10 a. m., Wednesday, July -30,
in the .Auditorium of the Archives Building.

Sales

Per-Inquiry and Free Time

SisajiiiM & Scliocniinnl Agency of Chicago, reported here last
week, continue to seek per-inquiry deals on behalf of MoiiarcK
Cameras. Investigation shows that FTC complaint No. 4169,
still pending, involves Arnold F'. Shapiro, Robert D. Schoenbrod
and the Monarch Manufacturing Co. along with others in a
“group of Chicago manufacturing corporations 'which have oper¬
ated at different times in cooperation with Flenry T. Schiff in
the sale of radios, cameras, talking machines, electric sunlamps,
docks, razors and lighters, and electric and other novelties.”
The Shapiro & Schoenbrod address, 711 West Lake St., Chicago,
is one of the addresses listed in the conqilaint, which was pub¬
lished in N.AB Reports for June 28, 1940, page 4387, titled
“Elgin Razor Corporation.” Copies may also be secured from

the FTC. Stations are advised to check Monarch copy against
the terms of this complaint. Attached to their letters soliciting
per-inquiry deals is a sticker reading “The stations listed below
are among the many now successfully merchandising the na¬
tionally famous Monarch Camera,” and the list includes some of
the country’s leading broadcasters. The NAB has written each
of these advising that many stations have misinterpreted the
sticker and believe the stations mentioned are doing business
on a per-inquiry basis. Of the replies received to date, every
one states that the Monarch business it received was placed by
the Henry J. Handlesman .“Agency of Chicago, at full published
rates.

Pitiuk Advertising Co. of San Antonio, Tex., on behalf of
the Patriotic Plaque Co., is seeking guaranteed returns from
stations in a variation of an attempt at per-inquiry buying.

National Defense

Radio Appeal Gets Auto

During the “Aluminum Man On the Street Broadcast,” over
WFMJ, Daytona Beach, Fla., last Wednesday, Ray Clancy, pro¬
gram director, received a telephone call from the Halifax Motors,
automobile dealers. The call announced that the company was
donating a 1926 all aluminum body Franklin sedan to the cause.
The aluminum weighed two hundred pounds.

Hold “Aluminum Maneuvers”

On Friday, July 25, WRAL, Raleigh, will hold “.•Muminum Ma¬
neuvers” for a full hour during the evening. Solicitation of scrap
aluminum will be built around red and blue armies, according
to Fred Fletcher, program manager.

Two locally prominent citizens were named Generals of the Red
and Blue Armies, respectively. These “Maneuver” Generals will
make frequent appeals to the audience to join and give “weapons”
to their respective armies. A Priorities Administrator and a Mili¬
tary Strategist will work hand-in-hand in recording contributions
(by phone) of aluminum (weapons) and listeners (recruits).

Aluminum articles will be designated by these two in terms of
weapon equivalents, such as a turkey roaster equals a SO-ton
tank, a Jello mould equals a hand grenade, and a coffee pot equals
a machine gun, etc.

“Weapons” given to the Red or Blue Armies will be called for
by “Army Supplies Transports” (cars) driven by local members
of the Junior Chamber of Commerce and Young Business Men’s
Club, and will be deposited at a central collecting point where the
two Generals are “maneuvering” their “aluminum” armies.

The officers of the local Military Recruiting Stations will be the
final judges and choose the winner at the completion of the broad¬
cast. Their decision will be based on the superiority of “recruits”
(listeners calling in) and “military weapons” (aluminum) contrib¬
uted to their selected favorite Army by the listener.

Strong Hoosier Campaign

In Indianapolis, Lester W. Lindow, manager, WFBM, is head
over heels in the promotion of aluminum collection. He began
broadcasting announcements last w'eek. During the current week
S-minute programs are being aired.

Big Cast in N. D. Show

.\t KQV, Pittsburgh, Manager G. S. Wasser is broadcasting
“We’re in the Army Now,” Mondays, Wednesdays and Fridays,
2:00-2:30 p. m. Talent consists of a cast of five and a twelve-
piece orchestra. The program plugs the various services of the

Army and Navy as well as giving interesting national defense
information. “The program has a splendid following,” said Mr.
Wasser. He also plugs the “Keep ’em Flying” announcements
and others.

“Be assured,” he said in a recent letter, “that KQV will continue
to cooperate with NAB and the United States Government in this
great emergency.”

“Keep ’em Flying” Sign-Offs

WAGE, Syracuse, N. Y., WT.\W, College Station, Texas, and
KVNU, Logan, Utah, are all signing off with “Keep ’em P'lying.”
-Vt KVNU, Manager Reed Bullen, follows “Let’s Go U. S. A. . . .
Keep ’em Flying” with the playing of the Star Spangled Banner.
“It has met with enthusiastic approval.”

John Rosser, program director, WTAW, also asserted that the
slogan sign off is well received by listeners.

Jack Kern of WAGE is also building a program around the
slogan “Keep 'em Flying” for presentation at Loew's theater in
Syracuse. This is to be a weekly feature.

Junior Chamber Thanks Radio

A note from Walter A. Bass, Grand Rapids, Mich., president,
Michigan Junior Chamber of Commerce, said:

“Throughout the State the Junior Chambers have had splendid
support of local broadcasting stations. All radio stations have
given generously to the promotion of Flying Cadet courses which
the Junior Chambers have helped to create.

“I want to express sincere appreciation and gratitude to the
broadcasting industry for the support you advocate in your
bulletin as well as the generous support the Junior Chambers re¬
ceive from all radio stations for the varied and many activities
throughout the year.”

Mr. Bass paid special compliment to Stanley Barnett, manager,
WOOD-WASH, Grand Rapids, for his support of the Grand Rapids
Junior Chamber of Commerce in its campaign to recruit Flying
Cadets.

10,000 Repeat Pledge

The Association and the city new has its third group of Air
Corps students in training.

Chet Wheeler, manager, KWIL, Albany, Ore., fed the Fourth
of July celebration program to the state owned station, KOAC,
at Corvallis. The program was also released over a P.V system
at the local Fourth of July celebration and heard by more than
ten thousand people watching the Timber Carnival events. The
ten thousand stood at attention and repeated the pledge in unison
with the Chief Justice.

BMI NOTES

Song Birthdays

Many songs people have been singing all their lives would seem
to be old enough to be in the public domain, but research into
copyright records reveals that some of them have to wait a few
years before their fifty-sixth birthday.

Under terms of the Copyright Law of 1909 an initial copyright
protects a musical composition for a period of twenty-eight years.
A renewal of this copyright can then be secured for an additional
tw'enty-eight years, after expiration of which the song enters the
public domain.

Still under the second copyright are Rock-A-Bye Baby, which
becomes public property next year, and Oh, Promise Me, originally
copyrighted in 1890.

Other American favorites that have been sung since grandfather’s

July 25, 1941 — 629

clay and will become available in the next few years are Be Home
When The Clock Strikes Ten, Boy’s Best Friend Is His Mother,
Broivn October Ale, from Reginald De Koven’s Opera Robin Hood,
Doivn Went McGinty, I Believe It For My Mother Told Me So,
In the Evening By the Moonlight, and Her Golden Hair IRai
Hanging Down Her Neck.

Tin Pan Alley Into Main Street

Just as radio has widened the horizons of music, so has BMI
taken songwriters out of that narrow little square in New York
known as Tin Pan Alley into the broad highways of the nation.

A glance over the addresses of the writers who have produced
BMI originals shows that it is no longer necessary to live in New
York to make a living at songwriting. A glance over the BMI
songs which are broadcast most frequently outside of New York
shows that the big city does not necessarily determine what the
nation whistles and sings. Many tunes which never reach the
Hit Parade are played over and over again for the home town
folks and return their writers some worthwhile checks for per¬
formance rights. Every state in the union is represented by a
BMI writer. Many outstanding hits have come from west of the
Hudson.

California is the new Mecca with many of its writers clustered
around Hollywood, but a few from San Francisco and two from
Sierra Madre. Denver is represented by the writers of Shy Ann
From Old Cheyenne and X Marks the Spot; Iowa by When the
Night Was New and Years From Now; Oklahoma by Stars Went
To Sleep; Texas by Walking On Air and Eloise ; Canada by Too
Late and C oast -To-C oast; Illinois comes through with too many
tunes to mention, but among the better known are You’re A Double
Lovely, There’s An Old Easy Chair By The Fireplace and Rip
Schottische.

When we come ea.st, Baltimore does the honors for Maryland,
the best known tunes from the city of the little white stoops being
Stompin’ Room Only, I Do Mean You and Business In Baltimore.
New Jersey has so much talent that we suspect that some of it
is only sleeping there. One of the best of the Jersey tunes is
Let’s Dream This One Out by Eddie Lane, while Johnny Messner,
the rhythm king of Ridgefield Park didn’t do so badly with
Clarinet In .A Haunted House, not to speak of Toy Piano Minuet
and Toy Piano Jump. Northern Ohio will be remembered as the
home of Helen Bliss, writer of I Went Out of My Way, who lives
in Cleveland and shares honors with the two Cleveland boys who
collaborated with Ray Herbeck on Time Stood Still. Southern
Ohio reports George Dunning, writer of To Be Continued and
I Can’t Remember To Forget. Pennsylvania is the home of one
of BMPs two blind songwriters, Mabel Helen Toole, who wrote
Why Am I Still Dreaming, while the City of Brotherly Love con¬
tributed ,1 Penny For Your Thoughts.

Coast-to-Coast

The parade is on for Hi, Neighbor and the song is winning ac¬
ceptance as a "welcomer” the country over. Virtually eveiw beach
resort in Southern California is featuring a cordial “Hi” to visitors,
and Jones Beach, New York’s own, is offering the song as a greeter
from Guy Lombardo’s band playing there. Ted Lewis, head liner
at Loew’s State, New York, is billing it right close to his Is Every¬
body Happy?

Thanks

Letter to BMI:

"We received our first royalty check from BMI for the months
of Jan , Feb., and March, which showed that they had played our
tunes 5600 times. If I had to buy the station time to play these
tunes 5600 times it would take a great deal of money — but BMI
did this gratis.

“In addition, BMI paid me three cents for each inlaying instead
of two as my contract called for,

"What more fair treatment could anyone ask?

“We also wish to thank you per.sonally for your splendid co¬
operation .”

U. S. O. Tune

Melody Moderne, Inc., a BMI affiliate, is releasing for public
performance a new patriotic tune. Land of the Free, with lyrics
by Lee Ryer and music by Noel Marchant, dedicated to the
L^nited Service Organizations. The U. S. O. has accepted the
dedication and has stated its willingness to promote the tune.

New Subscribers

Four new' stations bring the BMI list to a total of 668: KBUR,
Burlington, Iowa; WTNJ, Trenton. N. J,; W-39-B, Mt. Wash¬
ington, New' Hampshire; W-43-B, Boston, Mass.

Page Boy to Publisher

Versatile Ted Steele, who three years ago was a page boy at
NBC and w'ho now plays the Novachord, sings, announces, and is
the young man in “Young Man With A Band”, an NBC pro¬
gram, has added the formation of a publishing house to his many
accomplishments, Ted, frequently referred to as ‘A one-man
program department’, w'rote the music of the first offering. Home
Town Blues. His w'ife, Doris Brooks, has written the words and
added a little touch of something which she thinks will make
it a hit.

Say It With a Song

Not the least of the profitable adventures with which BMI
has been identified is Greeting Card Hit Parade, Inc. Tieing a
friendly greeting to a hit tune, the card offers both music and
lyric of the song. For example:

“There’s nothing like a song of cheer
To clear a dismal atmosphere.

A lively tune will do the trick
(And, incidentally, do it quick).

So, w'hen you find that things are wrong,

Just hum yourself a little song.

And presto 1 In the shortest while
Your face once more w'ill w'ear a smile!”

Then you turn the page and find a song.

More than 200,000 of the cards have been sold through both
chain stores and independents. The idea was tried a few years
ago and flopped, .Apparently, blending of the entertaining lines
of the BMI lyrics w'ith the verses did the trick the second time
around or perhaps the country is just enjoying a wave of friend¬
liness.

The cards are circulated after the songs have run the gamut of
popularity, BMI receives a percentage of the gross revenue
which it divides equally with the writers. So, when you think
of greetings, think of BMI and pick a card carrying one of the
following tunes: Practice Makes Perfect, So You’re the One,
Accident’ly On Purpose, There I Go, I Give You My Word or
Keep An Eye On Your Heart.

BMI FEATURE TUNES
July 28 - August 4

1. I WENT OUT OF MY WAY

2. WASN’T IT YOU

3. ALL ALONE AND LONELY

4. MY SISTER AND I

5. BECAUSE OF YOU

6. G’BYE NOW

7. WITH A TWIST OF THE WRIST

8. THE RELUCTANT DRAGON

Two great numbers — “Yo Te Amo,” an unusual
novelty, and “Hi, Neighbor!” will be ready next
week.

630 — July 25, 1941

(.signed) O. B. Clow.

Bright Idea

Laurette Carroll, 14 year old writer of BMFs Phantom In the
Dark, will be interviewed on the NBC program, Bright Idea,
some Saturday afternoon soon. Laurette won a beauty prize at
the age of three. To disprove the notion that brains can’t live
with beauty, she has made the record of a brilliant student and
is so dependable and so popular that she is a monitor in her
school. She draws so well that she will probably become a com¬
mercial artist; she is a good swimmer; and she loves best of all
to teach tricks to her wirehaired terrier, Mr. Smith.

Daddy and Sister

Sammy Kaye, the pride of Ohio, leads all of the national and
regional retail record sales this week with his Daddy which takes
first place with every member of the geographic family except
the west coast where the record buyers place it second to Maria
Elena. In sheet music best sellers, the Hut Sul Song continues
to lead the national parade, with Intermezzo in second place and
Maria Elena third. My Sister And I is the biggest money maker
in the automatic phonographs.

INSURANCE COVERAGES

Additional copies of “Insurance Coverages” are now available
to members by request from headquarters. This pamphlet de¬
scribes the various coverages available from insurance companies.
It was prepared by the Insurance Committee under the direction of
Roger Clipp, chairman.

FEDERAL LEGISLATION

HOUSE

H. R. 5343 (Lea, D.— Calif.) DAYLIGHT SAVING TIME— To
promote the national defense and the conservation of electrical
energy by permitting the establishment of daylight-saving time.
Referred to Committee on Interstate and Foreign Commerce.

FEDERAL COMMUNICATIONS
COMMISSION

Network Rules Postponed

Following a conference held on Monday of this week between
Chairman James Lawrence Fly of the FCC and network heads
the following joint statement was made public:

“On petition from National and Columbia, without opposition
by Mutual, the Commission is being requested to postpone the
effective date of its Order of May 2, 1941, from July 30 to Septem¬
ber 16, 1941. This postponement is being requested by National
and Columbia in order to permit more time for the discussions that
have been going on during the past ten days in which the various
problems that confront the Commission and the networks are
being explored.

“The officials of the networks are hopeful that the additional
time will permit of a satisfactory solution of the various problems
involved.”

The FCC at its meeting on Tuesday took favorable action on
the petition and issued the following announcement:

At a meeting of the Federal Communications Commission held
at its office in Washington, D. C., on the 22nd day of July, 1941,
the Commission having under consideration the petitions of the
National Broadcasting Company and of the Columbia Broadcast¬
ing System requesting that the Commission postpone the effective
date of its order entered in Docket No. 5060 promulgating regula¬
tions applicable to radio stations engaged in chain broadcasting:

It Is Ordered, That the last paragraph of the said order of May

2, 1941, entered in Docket No. 5060, BE, AND THE SAME IS
HEREBY, AMENDED to read as follows:

“IT IS FURTHER ORDERED, That these regulations
shall become effective immediately: Provided, That, with re¬
spect to existing contracts, arrangements, or understandings, or
network organization station licenses, or the maintenance of
more than one network by a single network organization, the
effective date shall be deferred until September 16, 1941:
Provided further. That the effective date of Regulation 3.106
with respect to any station and of Regulation 3.107 may be
extended from time to time in order to permit the orderly
disposition of properties.”

FM Station for Lansing; Hollywood Grant

Construction permit for a new FM (frequency modulation)
broadcast station, to serve the Lansing, Mich., basic trade area,
was granted by the FCC to WJIM, Inc., of that city. The
proposed station is authorized to use 47,700 kilocycles to cover
an area of 3,800 square miles with more than 250,000 population.
The proposed antenna location is the Olds Tower. The applicant
now operates standard broadcast station WJIM, affiliated with
the Michigan Radio Network.

In connection with grant to Columbia Broadcasting System,
Inc., for a Class C FM station at Hollywood, Calif, (announced
July 16), to use 43,100 kilocycles for a service area of 38,000
square miles embracing San Diego and Bakersfield, the Com¬
mission stipulates that prior to issuance of construction permit
the applicant shall obtain approval by the Commission of the
exact coverage pattern and shall submit proof satisfactory to
the Commission that the applicant’s lease agreement of December

3, 1940, with Mount Wilson Hotel Company is so modified as
to eliminate the provisions therein pertaining to exclusivity of
use for broadcasting purposes of property on Mount Wilson
controlled by the lessor.

Broadcast Measurements

During June experts of the FCC measured 689 broadcast stations,
leaving 201 not measured that month.

Of the 689 stations, 636 showed a maximum deviation within
0-10 cycles; 48 stations maximum deviation within 11-25 cycles;
5 stations within a maximum deviation of 26-50 cycles. No
stations showed a maximum deviation over either 20 or 50 cycles.

FEDERAL COMMUNICATIONS
COMMISSION DOCKET

Following broadcast hearings are scheduled to be heard before

the Com.mission during the week beginning Monday, July 28.

They are subject to change.

Monday, July 28

KMA — May Broadcasting Company, Shenandoah, Iowa. — Renewal
of license, !)30 kc., 1 KW night, 5 KW day, unlimited.

NEW — Hawaiian Broadcasting System, Ltd., Flonolulu, T. H. —
C. P., 1340 kc., 250 watts, unlimited.

WRDO — WRDO, Incorporated, Augusta, Maine. — Renewal of
license, 1400 kc., 100 watts, unlimited.

Friday, August 1

NEW — Symons Broadcasting Company, Ellensburg, Wash. — C. P.,
1110 kc. (1140 kc. NARBA), 1 KW, unlimited time.

To Be Held in .Atlanta, Georgia

WGST — Georgia School of Technology, Atlanta, Ga. — Renewal
of license (main and auxiliary), 800 kc., 1 KW night, 5
KW LS, unlimited time.

July 25, 1941 — 631

FUTURE HEARINGS

Durinfi the past week the Commission has announced the fol¬
lowing future hearings in broadcast cases. They are subject to
change.

August 22

VVD.4S — WDAS Broadcasting Station, Inc., Philadelphia, Pa. —
C. P., 12fi(l Uc., 1 KW night, .S KW day, DA-night, un¬
limited. Prc.sent assignment: 1400 lie., 2S0 watts, unlimited.

August 28

NEW — West -Allis Broadcasting Company, West -Allis, Wis. — C. P,,
1480 Uc.. 250 watts, dax'time.

September 12

WTEL — Foulkrod Radio Engineering Co., Philadelphia, Pa. —
C. P., 1500 Uc.. 250 watts, unlimited time. Present assign¬
ment : 1840 Uc., 100 watts, S-WH.AT.

September 17

KERO — Voice of Longview, Longview, Texas. — Modification of
C, P., 1870 Uc., 5 KW, unlimited time, DA-night, Present
assignment: 1870 Uc., 1 KW, unlimited time, DA-night.

FEDERAL COMMUNICATIONS
COMMISSION ACTION

APPLICATIONS GRANTED

WJIM, Inc.. Lansing, Mich. — Granted construction permit for
new high frequency (EM) broadcast station to operate
on 47700 Uc. with a service area of 3800 square miles
(B2-PH-86).

KTUC — Tucson Broadcasting Co., Tucson, Ariz. — Granted con¬
sent to transfer of control of Tucson Broadcasting Co.
(Station KTUC), from John Merino and Carleton W.
Morris to Glenn Snyder, George R. Cook, Burridge D.
Butler anrl Ralph W. Bilby ; Carleton Morris is to sell his
entire holdings (30 shares or 10%) to Butler for a cash
consideration of $1,333 and the assumption by Butler of
the obligation of Morris to the corporation in the amount
of $2,000; Merino is to sell one share to Butler and 49
shares to Bilby, Butler and Bilby are to assume stock
subscription obligations of Morris and Merino to the li¬
censee corporation aggregating $7,000; station operates on
14(1(1 Uc., 250 watts, unlimited time (B5-TC-269).

KM.AC — W. W. McAllister & Howard W. Davis, d/b as Walmac
Co., San Antonio, Tex. — Granted modification of license
to change frequency from 140(1 Uc. to 124(1 Uc. and increase
hours of operation from shares KONO to unlimited time;
250 watts night and day (B-3-ML-1072).

KLCN — Fred C. Grimwood, Blytheville, Ark. — Granted con¬
struction permit to install new transmitter and antenna,
increase power from 100 watts daytime to 1 KW daytime
and move transmitter locally; 1820 Uc. (B3-P-3037).

RENEWAL OF LICENSES

The Commission granted the following applications for renewal
5 of broadcast station licenses:

KABR, Aberdeen, S. D.; KDFN, Casper, Wyo.; KERN, Bakers¬
field, Calif.; KFAC, Los Angeles, Calif.; KFH, Wichita, Kans.;
KGIR, Butte, Mont.; KGNC, Amarillo, Tex.; KGNF, North
Platte, Nebr.; KGNO, Dodge City, Kans.; KIDO, Boise, Idaho;
KINY, Juneau, Alaska; KLO, Ogden, Utah; W.A.AB and auxiliary,
Boston, Mass.; KGHF, Pueblo, Colo.; KIEM, Eureka, Calif.;
KQ\k Pittsburgh. Pa.; KRIS, Corpus Christi, Tex.; KRNT. Des
Moines, Iowa; WMBD, Peoria, III.; KSCJ and auxiliary, Sioux
City, Iowa; KSLM, Salem, Ore.; KWK, St. Louis, Mo.; WBYN,
Brooklyn, N. A'.; W-AWZ, Zarephath, N. J.; WBRY, Waterbury,
t'onn.; WDRC, Hartford, Conn.; WEVD and auxiliary. New York,
N. Y.; WP'E-A, Manchester, N. IL; WP'NC, P’ayetteville, N. C.;
WHIS, Bluefield, W. \kr.; WKBH, LaCrosse, Wise.; WMBG and

632 — July 25, 1941

auxiliary, Richmond, Va.; WMPS, Memphis, Tenn.; WNBC,
New Britain, Conn.; KTSM, El Paso, Tex.; WOKO and auxiliary,
Albany, N. Y.; WQBC, Vicksburg, Miss.; WS.AN, Allentown,
Pa.; WSFA, Montgomery, -Ala.; WSPD, Toledo, Ohio; WTJS,
Jackson, Tenn.; WGES, Chicago, Ilk; WHBL, Sheboygan, Wise.;
KUJ, Walla VValla, Wash.; KSO, Des Moines, Iowa; KPMC,
Bakersfield, Calif.; KMO, Tacoma, Wash.; KMED, Medford,
Ore.; KXYZ, Houston, Tex,; KLRA, Little Rock, Ark.; WALA,
Mobile, Ala,; W-ADC, Tallmadge, Ohio; WAGA, .Atlanta, Ga.;
WAKR, Akron, Ohio ; WBIG, Greensboro, N. Car.

The Commission granted extension of the following station
licenses, upon a temporary basis only, pending determination upon
application for renewal of license, to not later than September 1,
1941:

KCMO, Kansas City, Mo.; KGB, San Diego, Calif.; KTBS and
auxiliary, Shreveport, La.; KTUL, Tulsa, Okla.; WBCM, Bay
City, Mich.; WBNS, Bay City, Mich.; WBNX, New York City;
W(fBA, Allentown, Pa.; WCSC, Charleston, S. C.; WFBC, Green¬
ville, S. C.; WFBL, Syracuse, N. A^.; WGAR and auxiliary,
Cleveland, Ohio; WHEC, Rochester, N, A^.; WHK, Cleveland,
Ohio; WHP, Harrisburg, Pa.; WING, Dayton, Ohio; WK.AT,
Miami Beach, Fla.; WPAB, Ponce, P. R.; WS.AI, Cincinnati, Ohio;
WTSP, St. Petersburg, Fla.

The Commission granted extension of the following station
licenses, upon a temporary basis only, pending determination
upon application for renewal of license, to not later than October
1, 1941:

WROK, Rockford, Ill.; WSMB, New Orleans, La.; WT.AQ,
Green Bay, Wise.; KFRO, Longview, Tex.; KID, Idaho Falls,
Idaho; KLPM, Minot, N. Dak.

The Commission granted further extension upon a temporary
basis only, pending determination upon applications for renewal
of licenses, to not later than September 1, 1941, of the following
television station licenses:

W3XE, Philadelphia, Pa.; W3XP, portable (area of Phila¬
delphia) .

The Commission granted further extension upon a temporary
basis only pending determination upon applications for renewal
of licenses, to not later than September 1, 1941, of the following
high frequency broadcast station licenses:

W2XVP, New York, N. Y.; W9XL-A, Denver, Colo.; W4XA,
Nashville, Tenn.; WSXAU, Oklahoma City, Okla.

DESIGNATED FOR HEARING

WOWO — Westinghouse Radio Stations, Inc., Ft. Wayne, Ind. —
Application for construction permit to make changes in
equipment, install directional antenna for day and night
use, increase hours of operation from simultaneous day and
shares night w'ith WWVA to unlimited time, anti increase
power from 10 KW night and dav to 50 KVA' night and
day; 11!)0 kf. (B4-P-2635).

Designated for joint hearing the following four applications:

Air Waves, Inc., Baton Rouge, La. — -Application for construc¬
tion permit for new station to operate on 14(M) kc.,
250 watts night and day, unlimited time, exact site to be
determined subject to Commission’s approval (B3-P-3203).
Henry Norman Saurage, Baton Rouge, La. — -Application for con¬
struction permit for new station requesting same facilities
as above; exact site and antenna system to be determined
subject to Commission approval (B3-P-3192).

Louisiana Communications, Inc., Baton Rouge, La. — Application
for construction permit for new station requesting same
facilities as above (B3-P-3242).

William J. Bray, James L. Ewing, T. B. Lanford and John C.
McCormack, d/b as The Capitol Broadcasting Co., Port
Allen, La. — -Application for construction permit for new'
station requesting same facilities as above (B3-P-3191).
South Florida Broadcasting, Inc., Miami, Fla. — Application for
construction permit for new station to operate on I4;)() kc..
250 watts, unlimited time (B3-P-2942). To be heard jointly
with :

Pan -American Broadcasting System, Inc., Hollywood, Fla. — -Appli¬
cation for new station requesting same facilities as above
(B3-P-2768).

DENIAL

VVBYN — WBYN, Brooklyn, Inc., Brooklyn, N. Y. — Denied request
for special temporary authority to operate with main studios
located at 132 West 43rd St., New York City, pending grant
of application for same.

MISCELLANEOUS

WBRY — American-Republican, Inc., Waterbury. Conn. — Applica¬
tion for modification of construction permit to change fre¬
quency from 15!)0 kf. to 560 ko., decrease power from S
KW night and day to 1 KW night and day, move trans¬
mitter to East Waterbury Road, Newhaven County, Nau¬
gatuck, Conn., make changes in directional antenna, and
extend commencement and completion dates to 60 days after
grant and 180 days thereafter, respectively (Bl-MP-1195) .

KLCN — Fred O. Grinwood, Blytheville, Ark. — Granted authority
to determine operating power by direct measurement of
antenna input (B3-Z-1134).

WGOV — E. P. Rivers, Valdosta, Ga. — Granted authority to deter¬
mine operating power by direct measurement of antenna
input (B3-Z-1017).

KSUB — Southern Utah Broadcasting Co., Cedar City, Utah. —
Granted authority to determine operating power by direct
measurement of antenna input (BS-Z-1037).

KVOO — Southwestern Sales Corp., Tulsa, Okla. — Granted au¬
thority to determine operating power by direct measure¬
ment of antenna input (B3-Z-1015).

KWSC — State College of Washington, Pullman, Wash. — Granted
authority to determine operating power by direct measure¬
ment of antenna input (BS-Z-1068).

KAND — Navarro Broadcasting Assn., Corsicana, Tex. — Granted
authority to determine operating power by direct measure¬
ment of antenna input (B3-Z-1085).

WSVA — Shenandoah Valley Broadcasting Corp., Harrisonburg,
Va. — Granted license to cover construction permit as modi¬
fied to install new transmitter, new antenna, increase in
power from SOO w'atts to 1 KW (B2-L-1423).

WBBB — Alamance Broadcasting Co., Inc., Burlington, N. C. —
Granted modification of construction permit for approval of
antenna system, approval of transmitter site; !)30 kc. ; 1
KW ; daytime (B3-MP-1321) .

WSAN — Lehigh Valley Broadcasting Co., Allentown, Pa. — Granted
modification of construction permit for installation of new'
transmitter, directional antenna for day and night use,
increase in power, and unlimited time, for change in fre¬
quency to 1470 kc., change in directional antenna system,
and change in type of transmitter (B2-MP-1332).

KAND — Navarro Broadcasting Assn., Corsicana, Tex. — Granted
license to cover construction permit for changes in equip¬
ment and increase pow'er to 250 watts on 1340 kc.
(B3-L-1404).

W6XEA — Earle C. Anthony, Inc., Los Angeles, Calif. — Granted
modification of construction permit for new television broad¬
cast station for extension of commencement and comple¬
tion dates from January 15, 1941, and July 15, 1941, to
July 15, 1941, and Januarv 15, 1942, respcctivelv (BS-
MPVB-47).

W9XBK — Balaban & Katz Corp., Chicago, Ill. — Granted exten¬
sion of special temporary authority to opearte tw’o trans¬
mitter units to be installed and operated from the State
Lake Bldg., Chicago, Link Transmitter Type No. 50-UTX
with 100 watts power for visual and Link Transmitter Type
No. 2S-UBX 25 watts pow'er to be used for aural; temporary
steel tower to be used on roof of said building, in order
to conduct tests for the period July 18 to not later than
August 17, 1941, in accordance with construction permit.

WNBT — National Broadcasting Co., Inc., New York City — •
Granted extension of special temporary authority to oper¬
ate a specially constructed 1 KW peak tower, special emis¬
sion laboratory model FM visual transmitter in conjunction
with the main picture transmitter power amplifier of WNBT
on Channel No. 1 in order to make comparisons on FM and
A3 emissions and to obtain engineering data for period July
19 to not later than August 17, 1941.

WMIP — Northwest Airlines, Inc., Washington, D. C. — Granted
special temporary authority to operate already licensed air¬
craft radio transmitter KHCNH, aboard plane owned by
Northwest Airlines, Inc., as a relay broadcast station on
27!B> kc.. to relay broadcast program in connection with
the .Aquatennial to radio station WCCO on July 16, 1941,
only.

WMT — Iowa Broadcasting Co., Cedar Rapids, Iowa — Granted
license to cover construction permit to increase night power
and make changes in directional antenna system ( B4-L-
1401). Granted authority to determine operating power by
direct measurement of antenna input (B4-Z-892).

WS.\Y — Brown Radio Service & Lab., Rochester, N. Y. — Granted
authority to determine operating power by direct measure¬
ment of antenna input (Bl-Z-1069).

KLPM — John B. Cooley, Minot, N. D. — Granted authority to
determine operating power by direct measurement of an¬
tenna input (B4-Z-1006).

WQBC — Delta Broadcasting Co., Inc., \hcksburg. Miss. — Granted
authority to determine operating power by direct measure¬
ment of antenna input (B3-Z-1138).

KFBC — Frontier Broadcasting Co., Cheyenne, Wyo. — Granted
authority to determine operating power by direct measure¬
ment of antenna input (B5-Z-1108).

KSTR — KSTP, Inc., St. Paul, Minn. — Granted special temporary
authority to operate already licensed ship station VVOWB
aboard the Yacht Standick, owned by Stanley E. Hubbard
of St. Paul, Minn., as a relay broadcast station on 3058 kc.
with power of 25 watts in order to relay broadcast program
in connection with the Minneapolis Aquatennial to station
KSTP on July 15, 1941, only.

W71NY — Bamberger Broadcasting Service, Inc., New York, N. Y.
— Granted extension of special temporary authority to
operate frequenev modulation station commercially on
47100 kc.. 1000 watts, special emission for frequency modu¬
lation at 444 Madison Ave., New York City, using Western
Electric No. 503-Al transmitter, 1000 watts driver for No.
504-Al transmitter, for the period July 17 to not later
than September 14, 1941.

W39B — The Yankee Network, Inc., Boston, Mass. — Granted ex¬
tension of special temporary authority to operate frequency
modulation station commercially on 43!I0)I kc., 1000 watts,
special emission for frequency modulation, using the trans¬
mitter of high frequency experimental station WIXER at
summit of Mt. Washington, Sargents Purchase, N. H., for
a period July 17 to not later than September 14, 1941,
pending completion of construction permit.

KFXM — J. C. Lee and E. W. Lee; Lee Bros. Broadcasting Co.,
San Bernardino, Calif. — Granted special temporary author¬
ity to operate simultaneously with Station KPPC from 7
p. m. PST to the close of the boxing matches presented by
Mike Jacobs in Madison Square Gardens, New York City,
on July 23, 1941, only.

KF'XM — J. C. Lee and E. W. Lee; Lee Bros. Broadcasting Co.,
San Bernardino, Calif. — Granted special temporary author¬
ity to operate simultaneously with Station KPPC from 7
p. m. PST to the close of the Billy Soose-George Abrams
non-championship overw’eight title fight to be held in Madi¬
son Square Gardens, New York City, on July 30, 1941,
only.

WBNY — Roy L. Albertson, Buffalo, N, Y. — Granted extension of
special temporary authority to broadcast sustaining musical
programs from 8:30 to 10 a. m. Monday through F'riday
from July 16 to August IS, 1941, provided WSVS remains
silent.

KTRH — KTRH Broadcasting Co., Houston, Tex. — Granted modi¬
fication of construction permit to install directional antenna
for night use and increase power, for changes in directional
antenna and extend completion date from September 14,
1941, to 180 days after grant; 1320 kc. (B3-MP-1234) .

WKBV — Knox Radio Corp., Richmond, Ind. — Granted special
temporary authority to operate from 8 a. m. to 12 noon
and from 5 p. m. to 9 p. m. CST, daily except Sunday, for
a period not to exceed 10 days, instead of unlimited time,
due to shortage of licensed radio operators.

KWLC — Luther College, Decorah, Iowa — Granted special tem¬
porary authority to operate from 10:45 to 11:30 a. m.
CST, July 16, 1941, in order to broadcast Luther College
summer session convocations only (B4-S-320).

Thomas J. Watson, Endicott, N. Y. — Granted petition to inter¬
vene in hearing re application of Triple-Cities Broadcasting
Co., Inc., Binghamton, N. Y., for construction permit for
new station to operate on 1420 kc., 250 watts, unlimited
time.

The following action w'as taken by Wakefield, Commissioner,

under authority of Paragraph 6 of Administrative Order No. 2,

on July 17:

July 25, 1941 — 633

Mid-Amcrican Broadcasting Corp., Louisville, Ky. — Granted peti¬
tion for leave to amend application and remove from hear¬
ing docket; amendment to be filed within seven days; ap¬
plication is for a new station.

VVGRC — Northside Broadcasting Co., New Albany, Ind. — Granted
petition for leave to amend application and remove from
hearing docket; amendment to be filed within 15 days;
application is for change in facilities.

WTIC — The Travelers Broadcasting Service Corp., Hartford, Conn.
— Withdrew petition to intervene in above two cases (Mid¬
American Broadcasting Corp. and WGRC).

James F. Hopkins, Inc., Ann Arbor, Mich. — Granted motion to
dismiss without prejudice application for new station to
operate on 1600 kc., 1 KW, unlimiterl, using directional
antenna.

WTEL — Foulkrod Radio Engineering Co., Philadelphia, Pa. —
Granted petition to continue hearing on application for
construction permit to operate on 1500 kf., 250 watts, un¬
limited time, now set for July 24, to September 12, 1941.

Braineid-Bemidji Broadcasting Co., Brainerd, Minn. — Granted
petition for order to take depositions in re hearing on ao-
plication for new station to operate on 1550 kc., 1 KW,
unlimited time.

KORN — Nebraska Broadcasting Corp., Fremont, Nebr. ; Clark
Standiford (transferor) and C. J. Malmsten, A. C. Sidner,
S. S. Sidner, & Arthur Baldwin (transferees). — Granted re¬
quests for order to take depositions in F’remont, Nebr., and
Phoenix, Ariz., in re hearings on applications for renewal of
license of Station KORN and for transfer of control of
KORN.

WTNJ — WOAX, Inc., Trenton, N. J. — Granted motion to dismiss
without prejudice application for construction permit to
operate on 12II0 kc., 1 KW, unlimited time, directional
antenna day and night (Docket No. 5951).

WDAS — WDAS Broadcasting Station, Inc., Philadelphia, Pa. —
Granted motion to sever Dockets 5951 (above mentioned)
and 6049 (application for construction permit to operate
on 1360 kc.. 1 KW night, 5 KW day, directional antenna
night, unlimited time) and granted continuance of hearing
now' scheduled for July 25 on applications of WCAM,
Camden, N. J., for renewal of license, WCAP, Ashury Park,
N. J., for renewal of license, WTNJ, Trenton, N, J., for
renewal of license, and WD.\S, Philadelphia, Pa., for con¬
struction permit to operate on 1360 lie., 1 KW night, 5
KW dav, unlimited time, directional antenna night, until
August 22, 1941.

KFRO — Voice of Longview, Longview, Tex. — Granted petition
for continuance of hearing on application for modification
of construction permit to operate on 1370 kc., 5 KW, un¬
limited time, directional antenna night, nove scheduled for
August 4, to September 17, 1941 (Docket 5954).

Frontier Broadcasting Co., Cheyenne, W'yo. — Granted special tem¬
porary authority to operate two 2-watt pack transmitters
on .30830, 33740, 35830 and 37080 kc. from July 22 to
July 27, 1941, in order to rela>’ broadcast to station KFBC
I)rograms in connection with the "Frantier Days” celelrra-
tion at Cheyenne, Wyoming, only.

WRC.A — National Broadcasting Co., Inc., New York City. —
Granted extension of special temporary authority to operate
on 9670 kc. with effective pow'cr of 100 KW, using sepa¬
rate power amplifiers feeding .separate directional antennas
for the period July 20 to not later than August 18, 1941.

W.ABP — Troy Broadcasting Co., Inc., Troy, N. Y. — Granted spe¬
cial temporary authority to operate already licensed relay
broadcast station WABE on 3758 kc., 12 w'atts, from July
2,5 to July 26, 1941, in order to relay to station WTRY
I)rograms in connection with the New York State Amateur
Open Golf Tournament, only.

W5lC — Zenith Radio Corp., Chicago, III. — Granted extension of
special temporary authority to operate frequency modula¬
tion station commercially on 45.1 iitc., 5000 watts, special
emission for frequency modulation wdth transmitter at 135
South LaSalle St., Chicago, from July 17 to not later than
September 14, 1941.

WAB.\ — Agricultural Broadcasting Co., Chicago, Ill. (WLS). —
Granted special temporary authority to operate a special
laboratory transmitter as a relay broadcast station on
37980 kc. w'ith power of Yz watt in order to record on the
ground and to rebroadcast over WLS the human voice and
the rate of the heart beat, and other scientific data during

634 — July 25, 1941

a free fall in the air prior to the opening of a parachute,
from July 17 to not later than August 15, 1941.

KBJA — Goklen Empire Broadcasting Co., Redding, Calif. —
Granted special temporarv authoritv to operate relav trans¬
mitter KRME on 1646,' 3090, 3190 and 3830 kc. with
power of 15 watts, from July 19 to July 21, 1941, in order
to relay to station KVOV program in connection with the
Lake Redding Regatta, only.

WIXTG — Worcester Telegram Publishing Co., Inc., Worcester,
Mass. — Granted extension of .special temporary authority
to operate high frequency broadcast station WIXTG on
43400 kc., 1000 watts, special emission for frequency modu¬
lation, maximum band width not over 300 kc., for period
August 1, 1941, to not later than October 30, 1941, at
Shrewsbury St., Worcester, Mass., pending action on appli¬
cation for new FM station.

W55M — The Journal Co. (The Milwaukee Journal), Milwaukee,
Wise. — Granted extension of special temporary authority
to operate frequency modulation station commercially on
45509 kc., 1 KW, special emission for frequency modula¬
tion, with transmitter located at 606 West Wisconsin Ave.,
Milwaukee, Wise., from July 30 to not later than October
27, 1941, and subject to any rules and regulations that
may be adopted by the Commission.

WHAL — Harold F. Gross & Edmund C. Shields, Saginaw, Mich. —
Granted modification of construction permit for new sta¬
tion, for additional time for commencement and completion
of construction from January 14, 1941, and July 14, 1941,
to October 14, 1941, and 180 days thereafter, respectively
(B2-MP-1335).

West Allis Broadcasting Co., West Allis, Wis. — Continued hearing
now scheduled for July 23, until August 28, 1941, in re
application for construction permit for new station to
operate on 1480 kc., 250 watts, daytime (Docket No.
5098).

WFIKC — United Broadcasting Co., Columbus, Ohio. — Granted
special temporary authority to remain on the air from
regular sign-off time (10 p. m. EST, July, 9:45 p. m. EST,
.August) to the conclusion of the Fritzie Zivic-Freddy
Cochrane boxing match on July 28, 1941, the Billy Soose-
George .Abrams bout on July 30, 1941, and the Abe Simon-
Buddy Baer bout on August 14, 1941, in the event these
bouts run later than the regular sign-off time.

WKBN — WKBN Broadcasting Corp., Youngstown, Ohio. —
Granted special temporary authority to operate from 6:30
p. m. EST, to 12 midnight EST, on August 2, 9, 16, 23
and 30, 1941, only, in order to broadcast both local and
network programs (provided WOSU remains silent),

WPIC — Sharon Herald Broadcasting Co., Sharon, Pa. — Granted
special temporary authority to operate additional time from
sign-off (August 7:15 p. m. EST), until 11 p. m. EST, on
the nights of August 24, 25 and 26, 1941, in order to par¬
ticipate in the Sharon Centennial Week, using 250 watts,
only.

WNYC — City of New York, Municipal Broadcasting System,
New York, N. Y. — Granted special temporary authority to
operate from sign-off time (July, 9 p. m,, August, 8:15
p. m. EST), to conclusion of the broadcast of the New
A^ork Philharmonic Lewissohn Stadium Concerts, appro-
mately 9:30 p. m. EST, on July 18, 20, 25, 26, and 27,
and August 1, 8, and 10, 1941, only.

KBZ.A-KBZB — Telegraph-Herald, Dubuque, Iowa. — Granted spe¬
cial temporary authority to operate already licen.sed relay
transmitters on 1633, 3058, 3150 and 3790 kc., with power
of 125 watts for KDJB and 2 watts for KQHS from July
21, 1941, to .August 15, 1941, only, in order to relay to
Station KDTH special events, particularly the Darlington,
Wisconsin, Fair.

WWNY — The Brockway Co., Watertown, N. Y. — Denied request
for special temporary authority to operate from sign-off
time (July, 8:45 p. m. EDST) to 9:30 p. m. EDST, July
19, 1941, only, in order to broadcast the NBC Spin and
Win program from 9 to 9:30 p, m. EDST.

KGEK — Elmer G. Bcehler, Sterling, Colo. — Denied special tem¬
porary authority to operate from 8 p. m. to 9:30 p. m.
MST, on Thursday nights, July 24 and 31, and August 7,
14 and 21, 1941, in order to broadcast musical programs
of the Sterling High School Band.

WB.AA — Purdue Llniversity, West Lafayette, Ind. — Granted special
temporary authority to operate from 7 to 9 p. m. CST July
19, 1941, in order to broadcast the Purdue University
Music Festival, only.

E. Anthony & Sons, Inc., New Bedford, Mass. — Placed in pending
files pursuant to Order No. 79, application for new high
frequency (FM) broadcast station (Bl-PH-98).

WFMD — Monocacy Broadcasting Co., Frederick, Md. — Dismissed
without prejudice petition for rehearing of the order of the
Commission granting application of WBEN, Inc., Buffalo,
N. Y., for construction permit and order of the Commission
of September 4, 1940, granting application of WSAZ, Inc.,
Huntington, W. Va., for construction permit: Denied peti¬
tion insofar as it requested rehearing of Order of June 4,
1941 granting modification of construction permit of WSAZ,
Inc.

APPLICATIONS FILED AT FCC

570 Kilocycles

WSYR — Central New York Broadcasting Corp., Syracuse, N. Y. —
Modification of construction permit (Bl-P-2706) for instal¬
lation of new transmitter, changes in directional antenna
for da_y and night use, and increase in power from 1 to 5
KW, requesting changes in directional antenna and extension
of completion date to 180 days after grant. .Amended: to
change type of transmitter.

580 Kilocycles

WTAG — Worcester Telegram Publishing Co., Inc., Worcester,
Mass. — Modification of construction permit (Bl -P-3019),
for increase in power from 1 KW and 5 KW to 5 KW, and
changes in directional antenna for day and night use, re¬
questing changes in directional antenna.

590 Kilocycles

WKZO — WKZO, Incorporated, Kalamazoo, Mich. — Modification
of construction permit {B2-P-289S), for increase in daytime
power from 1 to 5 KW and installation of new transmitter,
requesting change in type of transmitter.

WKZO — WKZO, Incorporated, Kalamazoo, Mich. — License to
cover construction permit (B2 -P-2898) as modified, for in¬
crease in daytime power from 1 to S KW and change in
type of transmitter.

WKZO — WKZO, Incorporated, Kalamazoo, Mich. — Authority to
determine operating power by direct method.

600 Kilocycles

WSJS — Piedmont Publishing Co., Winston-Salem, N. C.— Modi¬
fication of construction permit (B3-P-2814) to install new
equipment, install directional antenna for night use, increase
power from 2S0 watts to 1 KW, change frequency from
1310 to 600 kc., requesting new transmitter, increase in
power from 1 to S KW, change in directional antenna,
change of transmitter site, and extension of commencement
and completion dates from 1-26-41 and 7-26-41 to 60 days
after grant and 180 days thereafter, respectively. Amended:
to make changes in directional antenna and change trans¬
mitter site.

620 Kilocycles

NEW — Newark Broadcasting Corp., Newark, N. J. — Construction
permit for a new broadcast station to be operated on 620 kc.,
5 KW, directional antenna for day and night use, un¬
limited time.

660 Kilocycles

KSKY — Chilton Radio Corp., Dallas, Texas. — Modification of con¬
struction permit (B3-P-2487) for a new broadcast station,
requesting approval of antenna system and approval of
studio and transmitter sites.

KVNU — Cache Valley Broadcasting Co., Logan, Utah. — Construc¬
tion permit to change frequency from 1230 to 660 kc., in¬
crease power from 250 watts to 1 KW, and install new trans¬
mitting equipment an dentaktowd9ie
mitting equipment and antenna.

680 Kilocycles

KFEQ — KFEQ, Incorporated, St. Joseph, Mo. — Construction per¬
mit to install new transmitter, directional antenna for day
and night use, increase power from 500 watts night, 2Jd KW
day, to 5 KW day and night, change hours of operation
from daytime (local sunset at San Francisco, Calif.), to

unlimited time, and move transmitter. Amended: to make
changes in directional antenna (day pattern).

KPO — National Broadcasting Co., Inc., San Francisco, Calif. —
Construction permit for changes in equipment.

770 Kilocycles

WJZ — National Broadcasting Co., Inc., New York, N. Y. — Con¬
struction permit to make changes in equipment.

790 Kilocycles

WEAN — The Yankee Network, Inc,, Providence, R. I. — Construc¬
tion permit to reinstate construction permit (B1 -P-2037),
as modified, for changes in directional antenna and increase
in power, which expired 6-8-41.

850 Kilocycles

KOA — National Broadcasting Co., Inc., Denver, Colo. — Construc¬
tion permit to make changes in equipment.

860 Kilocycles

V\''SON — Paducah Broadcasting Co., Inc., Henderson, Ky. — Modi¬
fication of construction permit (B2-P-3149) for approval of
antenna and approval of studio and transmitter site.

910 Kilocycles

WF'DF — Flint Broadcasting Co., Flint, Mich. — License to cover
construction permit (B2-P-2451) as modified, for a new
transmitter, directional antenna for day and night use, in¬
crease in power, change in frequency, and move of trans¬
mitter,

WFDF — Flint Broadcasting Co., Flint, Mich. — Authority to deter¬
mine operating power by direct method.

980 Kilocycles

WSIX — WSIX, Incorporated. Nashville, Tenn. — Modification of
construction permit (B3-P-30S3) for a new transmitter,
directional antenna for night use, increase in power from
250 watts to 1 KW night and 5 KW day, change in
frequency, and move of transmitter, requesting approval
of transmitter site, increase in power from 1 KW night
and 5 KW day to 5 KW day and night, changes in direc¬
tional antenna, and installation of new transmitter.

WSIX — WSIX, Inc., Nashville, Tenn. — Modification of construc¬
tion permit (B3-P-3053) for a new transmitter, directional
antenna for night use, increase in power from 250 watts
day and night to 1 KW night and 5 KW day, change in
frequency, and move of transmitter, requesting approval
of transmitter site, increase in power from 1 KW night
and 5 KW day to 5 KW day and night, changes in direc¬
tional antenna, and installation of new transmitter.

990 Kilocycles

WNOX — Scripps-Howard Radio, Inc., Knoxville, Tenn. — Modifi¬
cation of construction permit (B3-P-2839) for installation
of directional antenna for night use, increase in power to
10 KW, and installation of new transmitter, requesting
changes in transmitter and approval of directional antenna.

1030 Kilocycles

KOB — Albuquerque Broadcasting Co., Albuquerque, N. M. —
Modification of construction permit (B5-P-2783) for
changes in equipment and increase in power, requesting
extension of completion date from 8-5-41 to 10-3-41,

1090 Kilocycles

KTHS — Hot Springs Chamber of Commerce, Hot Springs National
Bark, Ark, — Voluntary assignment of license from Hot
Springs Chamber of Commerce to Southland Radio Cor¬
poration.

KTHS — Southland Radio Corp., Hot Springs, Ark. — Construction
permit to increase power from 5 to 50 KW, with 250-watt
synchronous amplifier, change hours of operation from
shares KRLD equally to unlimited time, install new trans¬
mitter and directional antenna for night use, and change
location of transmitter from Hot Springs National Park
to near Wrightsville, Ark.

July 25, 1941 — 635

1100 Kilocycles

VVTAM — National Broadcasting Co., Inc., Cleveland, Ohio.—
Construction permit to make changes in equipment.

1200 Kilocycles

NEW — H. Ross Perkins & J. Eric Williams, d/b as New Haven
Broadcasters, New Haven, Conn. — Construction permit for
a new broadcast station to be operated on 1200 ke., 1 KW,
limited time.

1230 Kilocycles

NEW — Edwin A. Kraft, Kodiak, Alaska. — Construction permit for
a new broadcast station to be operated on 1230 kc., 250
watts, unlimited time.

NEW — Paul Forman Godley, Newark, N. J. — Construction permit
for a new broadcast station to be operated on 1230 kc.,
250 watts, unlimited time.

KRLH — Clarence Scharbauer, Midland, Texas. — License to cover
construction permit (B3-P-2981) as modified, for increase
in power, new antenna, changes in equipment, move of
transmitter, and change in frequency.

KRLH — Clarence Scharbauer, Midland, Texas. — Authority to de¬
termine operating power by direct method.

WGRB — Grand Rapids Broadcasting Corp., Grand Rapids, Mich.
— Modification of construction permit (B2-P-2582) as modi¬
fied, for a new broadcast station, requesting extension of
completion date from 8-12-41 to 1-12-42.

WJOB — O. E, Richardson and Fred L, Adair, Hammond, Inch —
Construction permit to move transmitter and studio, and
install new antenna, .\mended: Re antenna.

WFTC — Jonas Weiland, Kinston, N. C. — Authority to determine
operating power by direct method.

KBTM — Jay P. Beard, d/b as Regional Broadcasting Co., Jones¬
boro, Ark. — .Authority to determine operating power by
direct method.

1240 Kilocycles

WEBQ — Harrisburg Broadcasting Co., Harrisburg, Ill. — License
to cover construction permit (B4-P-3133) for change in
type of transmitter, changes in antenna, and move of trans¬
miter. Amended: Re number of tubes.

NEW — John R. Crowder, tr. as Dimple Broadcasting Co., Co¬
lumbia, Tenn. — Construction permit for a new broadcast sta¬
tion to be operated on 1240 kc., 250 watts power, unlimited
time, facilities of WSIX requested when vacated.

WIBU — Wm. C. Forrest, Poynette, Wise. — .Authority to make
changes in automatic frequency control equipment.

1250 Kilocycles

WREN — The WREN Broadcasting Co., Inc., Topeka, Kans. —
Construction permit to install directional antenna for night
use, change frequency from 1250 to 1060 kc., increase power
from 5 to 50 KW, change hours of operation from shares-
KFKU to unlimited time, change location of transmitter from
southwest of Kansas City to near Jarbola, Kansas, and
change location of studio from Kansas City, Missouri, to
Topeka, Kansas, and install new transmitter. Amended:
to make changes in directional antenna.

1260 Kilocycles

WOL — .American Broadcasting Co., Washington, U. C. — License
to cover construction permit (Bl-P-3033) for move of old
W.E. Type 301-B transmitter from Washington, D. C., to
near Chillum, Mar\land, and use as auxiliary transmitter
with 100 watts power for emergency purposes only.

1310 Kilocycles

WRR — City of Dallas, Texas, Dallas, Te.xas. — Modification of
construction permit (B3-P-2229) as modified, for new
equipment, installation of directional antenna for night use,
increase in power, and move of transmitter, requesting
change in frequency from 1280 to 1310 Ice. under
N.ARB.A, changes in directional antenna system, change type
of transmitter, and extension of completion date to 180 days
after grant.

WTNJ — WO.AX, Inc., Trenton, N. J. — Modification of license to
change hours of operation from shares with WC.AM and
WC.AP to unlimited, requesting facilities of WC.AM and
WCAP.

636 — July 25, 1941

WC.AP — Radio Industries Broadcast Co., Asbury Park, N. J. —
.Authority to determine operating power by direct method.

1320 Kilocycles

KDYL — Intermountain Broadcasting Corp., Salt Lake City, Utah.
— License to cover construction permit (B5-P-2721) for in¬
crease in power and installation of directional antenna.

KDYL — Intermountain Broadcasting Corp., Salt Lake City, Utah.
— Authority to determine operating power by direct method.

1350 Kilocycles

NEW — Rock Hill Broadcasting Corp., Rock Hill, S. C. — Construc¬
tion permit for a new broadcasting station to be operated
on 1350 kc. under N.ARB.A, 250 watts, daytime. .Amended:
to specify transmitter and studio sites.

1380 Kilocycles

WBNX — WBNX Broadcasting Co., Inc., New York, N. Y. —
Modification of license to change hours of operation from
shares with WAWZ to unlimited, requesting facilities of
WAWZ.

1390 Kilocycles

WGES — Oak Leaves Broadcasting Station, Inc., Chicago, III. —
Modification of license for increase in hours of operation
from shares with WSBT to unlimited time.

1400 Kilocycles

KENO — George Penn Foster, Maxwell Kelch, and Calvert Charles
Applegate, d/b as Nevada Broadcasting Co., Los Vegas, Nev.
— Voluntary assignment of construction permit (BS-P-3135)
for move of transmitter and studio, from George Penn
Foster, Maxwell Kelch, and Calvert Charles Appelgate, d/b
as Nevada Broadcasting Company, to Nevada Broadcasting
Company.

WINC — Richard Field Lewis, Jr., Winchester, Va. — License to
cover construction permit (B2-P-3005) for a new broadcast
station.

WINC — Richard Field Lewis, Jr., Winchester, Va. — .Authority to
determine operating power by direct method.

WP.AY — Vee Bee Corporation, Portsmouth, Ohio. — Authority to
determine operating power by direct method.

WS.AU — Northern Broadcasting Co., Inc., Wausau, Wise. — Au¬
thority to transfer control to W. E. Walker by purchase of
5 shares of stock from M. F. Chapin.

NEW — Louisiana Communications, Inc., Baton Rouge, La. —
Construction permit for a new broadcast station to be
operated on 1400 kc., 250 watts power, unlimited time.

KTEM — Bell Broadcasting Co., Temple, Texas. — Construction
permit for changes in equipment.

1410 Kilocycles

WKBH — WKBH, Inc., LaCrosse, Wise. — Modification of construc¬
tion permit (B4-P-2733). as modified, for move of trans¬
mitter, installation of new transmitter, directional antenna
for night use, increase in pov/er, and change of frequency to
1410 kc. under N.ARB.A, requesting change of transmitter
location from Shelby Township to Campbell Township, and
extension of commencement and completion dates from
6-23-41 and 12-20-41 to 30 days after grant and 180 days
thereafter, respectively.

WKBH— WKBH, Incorporated, La Crosse, Wise. — Modification of
construction permit (B4-P-2733) as modified, for changes
in directional antenna and change of transmitter site,
requesting extension of commencement and completion dates
to 30 days after grant and 180 days thereafter, respectively.

1420 Kilocycles

WMDF — Grenco, Inc., Greenwood, S. C. — Modification of con¬
struction permit (B3-P-2930) for a new broadcast sta¬
tion, requesting installation of new transmitter, changes in
antenna move of studio, and frequency of 1450 kc. niider
antenna svstem, move of studio, and frequenev of 1450 kc.
under N.ARBA.

1430 Kilocycles

WBYN — WBYN, Brooklyn, Inc., Bruokl\n, N. Y. — Construction
permit to install new transmitter, increase power from 500

watts day and night to SOO watts night and 1 KW night,
and move studio from Brooklyn to 132 West 43rd Street,
New York City.

1450 Kilocycles

WKEU — Radio Station WKEU, Griffin, Georgia. — Construction
permit for increase in power and hours from 100 watts day
to 250 watts unlimited, move transmitter, and make changes
in antenna.

NEW — Coastal Broadcasting Co., Inc., New Bern, N. C. — Con¬
struction permit for a new broadcast station to be operated
on 145(1 kc., 250 watts power, unlimited time.

KWAL — Chester Howarth & Clarence Berger, Wallace Idaho. —
Authority to determine operating power by direct method.

1460 Kilocycles

WBNS — WBNS, Inc., Columbus, Ohio. — Authority to install auto¬
matic frequency control equipment for auxiliary transmitter.

KSO — Iowa Broadcasting Co., Des Moines, Iowa. — Modification of
construction permit (B4-P-2727) as modified, for installa¬
tion of new transmitter and new directional antenna for
night use, move of transmitter, and increase in power, re¬
questing use of old transmitter at new site.

1600 Kilocycles

NEW — The Gazette Co., Cedar Rapids, Iowa. — Construction per¬
mit for a new broadcast station to be operated on 1600 kc.,
5 KW, directional antenna for night use, unlimited time.
Amended: to make changes in directional antenna.

FM APPLICATIONS

W75C — The Moody Bible Institute of Chicago, Chicago, Ill. —
Modification of construction permit (B4-PH-5) for a new
high frequency broadcast station, requesting change in
coverage from 10,800 to 10,950 square miles and changes
in antenna system. Amended: to change population from
4,645,500 to 4,913,756.

NEW — WHEC, Inc., Rochester, N. Y. — Construction permit for
a new high frequency broadcast station to be operated on
44700 k(“.; Coverage: 2,318 square miles; Population:
551,374. .^mended: to change coverage to 3,200 square
miles and population to 599,256.

NEW — News Syndicate Co., Inc., New York, N. Y. — Construction
permit for a new frequency broadcast station to be operated
on 44700 kc. ; Coverage: 8,500 square miles; Poulation:
ll,212j416. Amended: to change frequency to 47900 kc.

TELEVISION APPLICATIONS

W9XBT — Balaban & Katz Corp., Portable-Mobile, Area of Chi¬
cago, Ill. — Reinstatement of construction permit {B4-PVB-
72) for a new television relav station to be operated on
204000-310000, and 310000-316000 kc., requesting change
in equipment and reduction in power from 250 to 40 watts.

NEW — Don Lee Broadcasting System, Hollywood, Calif, — Con¬
struction permit for a new commercial television broadcast
station (formerly W6XAO), to be operated on Channel No.
1, 50000-56000 lie., A5 and special emission for frequency
modulation, ESR 3840, unlimited time.

NEW — Allen B. DuMont Laboratories, Inc., New York, N. Y. —
Construction permit for a new television (commercial)
broadcast station (formerly W2XWV) to be operated on
Channel No. 6, 78000-84000 kc., A5 and special emission
for frequency modulation, ESR 1750, unlimited time.

W2XBB — Bamberger Broadcasting Service, Inc., New York,
N. Y. — Modification of construction permit (Bl-PVB-42)
as modified, for a new television broadcast station, request¬
ing extension of commencement and completion dates from
1-22-41 and 7-22-41 to 8-22-41 and 1-22-42, respectively.

MISCELLANEOUS APPLICATIONS

WNBI — National Broadcasting Co., Inc., Bound Brook, N. J. —
License to cover construction permit (Bl-PIB-28) as modi¬
fied, for change in frequencies, equipment, and increase in
power.

WSAZ — WSAZ, Inc., Portable-Mobile, area of Huntington, W.
Va. — Construction permit for a new relay broadcast station
to be operated on 1622, 2058, 2150 and 2790 k<“., power
of 40 watts, A3 emission. Amended: To change frequen¬
cies to 1606, 2074, 3103 and 27.58 kc.

NEW — First Baptist Church, Pontiac, Mich. — Extension of au¬
thority to transmit programs from First Baptist Church
at Pontiac, Michigan, to radio station CKLW, Windsor,
Ontario, Canada, for period beginning 8-13-41.

WH.AE — Courier-Journal and Louisville Times Co., Louisville,
Ky, — Reinstatement of construction permit (B2-PRE-361)
for new relay broadcast station, changing equipment and
power from 50 to 100 watts.

NEW — Golden Empire Broadcasting Co., Portable-Mobile, area
of Redding, Calif. — Construction permit for a new relay
broadcast station to be operated on 1646, 3090, 3190 and
3880 kc.. powei of 15 watts, .43 emission.

NEW — Golden Empire Broadcasting Co., Portable-Mobile, area
of Chico, Calif. — Construction permit for a new relay
broadcast station to be operated on 1646, 3090, 3190 and
2880 kc., power of 15 watts, .43 emission.

NEW — Redwood Broadcasting Co., Inc., Portable-Mobile, area
of Eureka, Calif. — Construction permit for a new relay
broadcast station to be operated on 80820, 88740, 8582(1,
and 87980 kc., power of 2 watts, A3 emission.

WNYE — Board of Education, City of New York, Brooklyn, N. Y.
— Modification of construction permit (Bl-PED-18) for
change in frequency, power, emission, and equipment, re¬
questing change in type of transmitter and extension of
commencement and completion dates from 5-25-41 and
11-25-41 to 90 days after grant and 180 days thereafter,
respectively.

W47A — Capitol Broadcasting Co., Inc., Schenectady, N. Y. —
License to cover construction permit (Bl-PH-23) as modi¬
fied, for a new high frequency broadcast station.

NEW — Pinellas Broadcasting Co., Portable-Mobile, area of St.
Petersburg, F'la. — Construction permit for a new relay
broadcast station to be operated on 8(183(1, 8874(1, 8582(1,
and 8798(1 kf., power of 25 watts, ,43 emission.

NEW — The Moody Bible Institute of Chicago, Chicago, Ill. —
Construction permit for a new studio transmitter broadcast
station to be operated on 8884(10 kf., power of 25 watts,
special emission for frequency modulation.

KEIY — Oregonian Publishing Co., Portable-Mobile, area of Port¬
land, Ore. — Construction permit to make change in equip¬
ment and decrease power from 4.5 to 3.5 watts.

KEIZ — Oregonian Publishing Co,, Portable-Mobile, area of Port¬
land, Ore. — Construction permit to make changes in equip¬
ment and decrease power from 4.5 to 3.5 watts.

WTHB — The Tribune Company, Portable-Mobile, area of Tampa,
Florida. — License to cover construction permit (B3-PRY-
241) for new relay broadcast station.

KEM.4 — May Broadcasting Co., Portable-Mobile, area of Shenan¬
doah, Iowa. — License to cover construction permit (B4-
PRY-243) for a new relay broadcast station.

WFEA — New Hampshire Broadcasting Co., Manchester, N. H. —
Modification of construction permit (Bl-P-2730) as modi¬
fied, for a new transmitter, increase in power, and changes
in directional antenna, requesting extension of completion
date from 8-4-41 to 10-3-41 (187(1 kc).

NEW — Columbia Broadcasting System, Inc., New York, N. Y. —
Extension of authority to transmit programs to CFRB
and CKAC and other stations under the control of the
Canadian Broadcasting Corporation (period 9-15-41 to
9-15-42).

NEW — Frontier Broadcasting Co., Portable-Mobile, area of
Cheyenne, Wyo. — License to cover construction permit
(B5-PRE-393) for a new relay broadcast station.

NEW — Frontier Broadcasting Co, Portable-Mobile, area of
Cheyenne, Wyo. — License to cover construction permit
(B5-PRE-394) for a new relay broadcast station.

NEW — Evansville on the Air, Inc., Portable-Mobile, area of
Evansville, Ind. — Construction permit for a new relay
broadcast station to be operated on 156750, 15840(1, 15980(1,
and 16110(1 kc., power of 30 watts, .'Special emission for
frequency modulation.

NEW — Radio Service Corporation of Utah, Salt Lake City, Utah.
— Construction permit for a new studio transmitter broad¬
cast station to be operated on 881000 kc., power of 25
watts, special emission for frequency modulation.

July 25, 1941 — 637

FEDERAL TRADE
COMMISSION ACTION

Any NAB member wishing to have the full text of any
of the FTC releases, printed in part below, should write to
the NAB, referring to the number in parentheses at the end
of each item.

COMPLAINTS

Federal Trade Commission has alleged unfair competition against
the following firms. The respondents will be given an oppor¬
tunity to show cause why cease and desist orders should not be
issued against them.

Middleltrook Hospital & Clinic — James R. Middlebrook,
M. D.. individuall\’ and doing business under the name of Middle-
brook Hospital and Clinic, Del Rio, Tex., is charged, in a complaint
with false advertising and misi'epresentation.

The complaint charges that the respondent allegedly specializes
in the surgical and medical treatment of diseases and disorders of
the prostate gland and has caused to be disseminated through
the United States mails various letters, circulars and other ad¬
vertising literature purportedly descriptive of the conditions giving
rise to the need for such operations or treatments and further de¬
signed to induce prospective patients to travel to the respondent’s
places of business for treatment. (4539)

Spangler Candy Cuinpany — .\rthur G. Spangler, Ernest D.
Spangler and Mrs. Faie Spangler, trading as Spangler Candy Co.,
Bryan. Ohio, are charged in a complaint with the use of lottery
methods in the sale and distribution of candy manufactured by
them. (4540)

STIPULATIONS

During the past week the Commission has announced the fol¬
lowing cease and desist orders:

Aineriean Poultry Journal — Henry G. Eisert, B. M. Eisert,
and Henry F. Eisert, doing business under the trade name of Ameri¬
can Poultry Journal, 536 South Clark St., Chicago has entered into
a stipulation to cease certain representations in the sale of their
periodical the "American Poultry Journal.”

'I'he respondents agree to cease representing that one must sub¬
scribe to (he .American Poultry Journal to become eligible to par¬
ticipate in a chick raising contest sponsored by them, and to desist
from the representation that a person, by subscribing to the Ameri¬
can Poultry Journal, will become eligible to participate in a chick
raising contest or any other contest or in contest prizes when there
are not disclosed in connection with such representation conditions
which must be met before eligibility is established. (02828)

Associated Writers — Howard N. Rose, trading under the name
of .Associated Writers, 816 Oakwood Ave., Columbus, Ohio, which
he terms an unincorporated association of free lance writers, and
engaged in the sale and distribution of membership certificates,
press cards and press car signs to persons allegedly engaged in the
business of writing, has stipulated to cease and desist from making
use of the word “Associated” in any way so as to import or imply
that the business conducted by him is that of an association, and
from representing that “.Associated Writers” has authority to issue
press cards, press car signs for automobile windshields, or any other
documents which permit the liolder thereof to go within police or
fire lines during fires, accidents or other situations where the public
is excluded. (.1169)

IJoriii .\r( I’eudiiets ('or|)<»i’:iIinn, 1325 South Cicero ,Ave.,
Chicago, a cor[)oration engaged in the production of framed pictures
and mirrors, has entered into a stipulation in which it agrees to

cease and desist from use of the term “Sheet” or “Sheet Glass” or
any other words of similar import as descriptive of mirrors made
of window glass without clearly disclosing that the glass in such
mirrors is in fact window glass; from describing, branding, label¬
ing or otherwise directly or indirectly representing any mirror as
being made of or containing crystal glass or as being crystal when
in fact such glass is not crystal glass, and from use of the term
“Copper Colored Backs” or other words of similar implicafion as
descriptive of ifs mirrors so as to imply that the coloring of the
backs is the result of the application thereto by the electrolytic
process of a paint which contains metallic copper. (3170)

(’olcniiibet-Wci'k, Ine., 58 West Fortieth St., New York, textile
fabrics distributor, has entered into a stipulation to cease advertis¬
ing, branding, labeling, invoicing or selling products composed in
part of rayon and in part of silk without disclosing in immedate
connection and in equally conspicuous type each constituent fiber
in the order of its predominance by weight, beginning with the
largest single constituent. If, according to the stipulation, the rayon
content predominates, the word “Rayon” should precede the word
"Silk,” and if the silk content predominates, the word “Silk” should
precede the word “Rayon.” (3172)

Laitipsoii's, Iiio., 115 Chauncy St., Boston, operator of a chain
of men’s haberdashery stores, has entered into a stipulation to cease
and desist from the use on labels or in printed or advertising mat¬
ter of any fictitious or exaggerated sales price which is in excess of
the price for which its products are customarily sold. According
to the stipulation, the respondent corporation advertised certain
shirts and hosiery at prices in excess of the regular prices and
offered them at purported reductions. (3176)

Liicieii Lelong, Iiie., SS East Washington St., Chicago, a cor¬
poration engaged in the sale of cosmetic and toilet in'eparations,
has stipulated to cease and desist from representing through the
use of the words “Paris” or “London” or other terms, symbols or
picturizations indicative of French or other foreign origin of such
products, that the perfumes, colognes or other cosmetic prepara¬
tions are compounded or made in France or in any other foreign
country; provided, however, that the country of origin of the
various ingredients may be stated when immediately accompanied
by a statement that such products are compounded or made in the
United States. (3174)

Martin Stringer. Ine., 665 Fifth Ave.. New York, textile
fabrics distributor, stipulated that in the sale of its products it
will cease employing the words “Pure Dye” or other silk-con¬
noting words to describe a product not composed of silk. If, ac¬
cording to the stipulation, the product consists partly of silk and
partly of other fibers or materials, the word "Silk” or other silk-
connoting word, used properly to describe the silk content, shall be
accompanied by other words in equally conspicuous type to ac¬
curately designate each constituent fiber or material in the order
of its predominance by weight. (3175)

Steve Stuart, Elkhart, Ind., trading under his own name and
engaged in selling perfume oils in interstate commerce, has entered
into a stipulation in which he agrees to cease and desist from fur¬
ther use of the word “Imported” or other words of similar implica¬
tion or meaning on labels affixed to his products or in any other
way as descriptive of such products which are not of foreign origin;
from use, in fhe labeling of the products, of trade names used by
nationally or widely known perfumers the effect of which may
tend to convey the belief to purchasers that the products are those
of such perfumers, if and when such is not the fact; and from label¬
ing or otherwise referring to the products as “Flower Oils” or
through the use of the name of a flower so as to imply that the
|)roducts have been made or compounded from fhe absolute or true
oil of flowers or of the namerl flower, when such is not the
case. (3171)

J. (Si H. Wilson, Int'., 133 Steuart St., San Francisco, a cor-
I)oration engaged in the sale and distribution, both individually and
as agent for The Beldam Packing & Rubber Co., Ltd., an English
firm, of packing material for steam engines, designated “ ‘V’ Pack¬
ing,” has stipulated in connection with the sale or offering for sale
of the product, to cease and desist from the use of the words or

638 — July 25, 1941

phrases “Imitations have Limitations but Beldam’s ‘V’ Pilot Packing
for Steam and Water is Genuine,” “Only Genuine when Bearing
this Seal” or “Sole Patentees & Manufacturers” or other words or
phrases of similar meaning, (3173)

CEASE AND DESIST ORDERS

Commission has issued the following cease and desist orders:

Golf Products Company — Ben Gordon (also known as Benja¬
min Gordon) and Louis Gordon trading as Bengor Products Com¬
pany and as Golf Products Company, 878 Broadway, New York
City, have been ordered to cease and desist from false advertising
and misrepresentation in the sale and distribution of two medicinal
preparations, one being designated as “Dupree Pills” and as “Dr.
Gordon’s Single Strength Pills,” and the other as “Dupree Pills
Double Strength” and as “Dr, Gordon’s Double Strength Pills.”
(4479)

Wilbert W. Haase Co., Inc., Forest Park, III., which licenses
the manufacture and sale of the “Wilbert” burial vault, and two of
its officers and three licensee manufacturing companies has been
ordered to cease and desist from making misleading representations
in the sate of concrete burial vaults.

The other respondents are Wilbert W. Haase, president and ma¬
jority stockholder of the Haase and American Vault corporations;
Sidney L. Schultz, secretary-treasurer of the Haase corporation;
American Vault Works, Inc., Forest Park, Ill; Lee A. Wolfkill, trad¬
ing as Washington Vault Works, Rockville, Md.; and Baltimore
Concrete Products Co., trading as Baltimore Wilbert Vault Co.,
Baltimore. (3808)

Hollywood Racket Maniifactiiciiig Company, Inc., 7462
Melrose Avenue, Hollywood, Calif., sellers and distributors of tennis,

badminton and squash rackets, has been ordered to cease and desist
from misrepresentation in the sale of rackets, (3931 )

National Grain Yeast Corporation, Belleville, N. J., and

Republic Yeast Corporation, Newark, N. J., have been ordered to
cease and desist from price discriminations in violation of the Robin-
son-Patman Act, in the sale of bakers’ yeast.

The order against National Grain Yeast Corporation also pro¬
hibits violation of the brokerage provision of the Robinson-Patman
Act and the giving of secret gratuities to employees of prospective
buyers without the knowledge of such buyers in contravention of
the Federal Trade Commission Act. (3903-4367)

Refrigeration & Air Conditioning Institute, Inc., Chicago,
has been ordered to cease and desist from making misleading repre¬
sentations in the sale of courses in refrigeration and air condition¬
ing which consist mainly of home study instruction and include also
several weeks of shop training in Chicago. (3811)

Rex Drug Company, a corporation, and Louis Podrofski, indi¬
vidually and trading as Rex Drug Company, and as an officer of
Rex Drug Company, 201 East 35th St., Chicago, have been ordered
to cease and desist from false advertising in connection with the
sale of a medicinal preparation. (4342)

Helena Rubinstein, Inc., 715 Fifth Ave., New York City,
has been ordered to cease and desist from the dissemination of
certain misleading representations in the sale of cosmetic prepara¬
tions. (4254)

Stetson China Co., Inc., 1801 West 74th St., Chicago, dis¬
tributor of dinnerware, has been ordered to cease and desist from
misrepresentation concerning its products. (4477)

July 25, 1941 — 639

1626 K STREET, N. W.

WASHINGTON, D. C.

Vol. 9, No. 30, Au3ust 1, 1941

RADIO TIME SALES TAX

Possibility that the House Ways and Means Committee, on its own motion, would
remove the radio time sales tax from the new revenue bill developed Thursday.

The committee was scheduled to meet Saturday, and again Monday. At one of these
meetings, the committee was to vote on a proposal to offer an amendment on the House
floor to remove the radio tax. Only committee amendments can be considered under the
rule governing debate and amendment on the floor.

The NAB legislative committee has been at work in Washington throughout the
week, explaining the effect this discriminatory bill would have on the industry.

The NAB board of directors will meet next Wednesday and Thursday to review the
situation and to map plans for carrying the fight to the Senate if the tax is not removed
in the House.

The House Ways and Means Committee is made up of the following:

Robert L. Doughton, o£ North Carolina
Thomas H. Cullen, of New York
Jere Cooper, of Tennessee
John W. Boehne, Jr., of Indiana
Wesley E. Disney, of Oklahoma
Frank H. Buck, of California
Richard M. Duncan, of Missouri
John D. Dingell, of Michigan
A. Willis Robertson, of Virginia
Patrick J. Boland, of Pennsylvania
Milton H. West, of Texas
Raymond S. McKeough, of Illinois
Knute Hill, of Washington

Arthur D. Healey, of Massachusetts
Aaron Lane Ford, of Mississippi
Allen T. Treadway, of Massachusetts
Frank Crowther, of New York
Harold Knutson, of Minnesota
Daniel A. Reed, of New York
Roy O. Woodruff, of Michigan
Thomas A. Jenkins, of Ohio
Donald H. McLean, of New Jersey
Bertrand W. Gearhart, of California
Frank Carlson, of Kansas
Benjamin Jarrett, of Pennsylvania

Some members of the House were under the impression that the tax carried the
approval of the American Federation of Labor because several (Continued on page 642)

Application of Proposed Radio Time Sales Tax to Affected Groups of
Stations and Networks, 1940 Basis

{Compiled by NAB Research Department)

No. of

Net Time Sales

Rate of

Amount

Time Sales Group

Stations

Retained

Tax

of Tax

1,000,000 or More .

8

S 12,301,466

15%

$ 1,845,220

500,000 to 1,000,000 .

42

26,651 ,476

10%

2,665,148

100,000 to 500,000 .

188

39,555,996

5%

1,977,800

Total .

238

78,508,938

6,488,168

3 National Networks .

33,275,943

*15%

4,991,391

5 Regional Networks .

771,833

** 5%

38,592

Total .

$112,556,714

***$11,518,151

Industry Total .

765

$133,964,769

* .\ssumes all 3 National Networks have retained time sales of over

SI, 000. 000.

** Assumes all 5 Regional Networks have retained time sales of over

$100,000 but less th in

ssm.ooi.

*** It now appears that 1941 sales will run about 15 per cent above 1940. If 1942 sales increase 5 per cent above 1941.

the tax for 1942

will be approximately

$13,900,000.

August 1, 1941 — 641

Neville Miller, President C. E. Arney, Jr., Assistant to President

Edward M. Kirby, Director of Public Relations; Joseph L. Miller,
Director of Labor Relations ; Frank E. Pellegrin, Director of
Broadcast Advertising ; Paul F. Peter, Director of Research;
Russell P. Place, Counsel; Lynne C. Smeby, Director of Engineering

RADIO TIME SALES TAX
(Continued from page 641)

small printing trades unions affiliated with the A. F. of L.
had proposed a similar levy. William Green, A. F. of L.
president, notified both the Ways and Means and Senate
Finance committees that the A. F. of L. had not endorsed
the tax. Unions in the radio field have taken an active
role in fighting the tax.

reduce the amounts of such taxes payable to the Federal Govern¬
ment in proportion to the reduction of net income in individual
cases. The net tax yield to the Federal Government or net Fed¬
eral taxes payable by the industry, cannot be calculated in the
absence of detailed information by individual stations. The Treas¬
ury Department apparently has estimated the reduction in income
and excess profits taxes to be in the neighborhood of $7,000,000,
which accounts for the estimate of the net yield of $5,000,000 from
the time sales tax.

In these calculations it has not been possible to take into account
the provision which acts as a cushion when a station’s net time
sales are just over the lower limit of a bracket or move from one
bracket to the next highest one. This constitutes a possible error
of a very minor nature. If there are any stations whose net time
sales are just over the lower limit of any of the three brackets, they
will not have to pay, in effect, the full percentage of tax called
for within that bracket. Not having individual figures, it is not
possible to determine whether there are any stations within the
narrow limits where this cushioning provision operates.

Revenue Bill of 1941

Using as a basis the FCC releases of 1940 operating data, it is
found that the proposed tax on radio time sales will affect 238
stations with time sales of $100,000 or over. The affected stations
constitute 31% of the total of 765 reporting stations for the year
1940. The retained time sales of the 238 stations taxed in the
three brackets of 5%, 10% and 15% amount to $78,508,938 or
79% of the retained time sales of $99,916,993 of the total of 765
stations.

The amount of tax payable by the 238 stations is calculated to
be $6,488,168 on the 1940 basis. This represents an additional
expense deductible from income to the extent of 28% of the net
income (before Federal income taxes) of $23,533,440 reported in
1940. This percentage naturally varies between the three tax
brackets. For the 8 stations in the 15% bracket (time sales of
$1,000,000 or more) the tax payable is $1,845,220 or 40% of the
net income of ,$4,587,798. For the 42 stations in the 10% tax
bracket (time sales of $500,000 to $1,000,000) the tax payable is
$2,665,148 or 29% of the net income of $9,335,703. For the 188
stations in the 5% tax bracket (time sales of $100,000 to $500,000)
the tax payable is $1,977,800 or 21% of the net income of $9,608,-
939. Included in this latter group of 188 stations are 13 which
had an aggregate operating deficit of $522,444. For these stations
the effect of the proposed bill is to further increase the amount of
such deficits by the amount of tax payable.

It is assumed that the retained time sales of the 3 national
networks will be taxed at 15%. CBS and NBC retained time
sales are many times the lower limit of $1,000,000 of the 15%
bracket. Mutual is cpiestionable, but lacking definite information,
the rate of 15% is applied to the total reported for the 3 networks.
The amount taxable is $33,275,943 and the tax at 15% is $4,491,391.
This represents 60% of the net income before Federal income taxes
of $8,342,450 reported by the 3 networks. These network figures
apply to network operations only. M&O stations are included
with the data covering all stations.

In addition, there are 5 regional networks included in the FCC
data. Combined time sales amounted to $771,883. Assuming all
had retained time sales of over $100,000 (the average is $154,377)
the tax rate applicable is 5% and the amount of the tax is $38,592.
This represents 23% of the net income of $169,610.

Recapitulating for the entire industry, retained time sales of
$112,556,714 or 84% of the total of $133,964,769 are subject to
the tax. The total of the tax computed in the 3 brackets is
$11,518,151, which represents 35% of the net income before Federal
income taxes of $33,296,708.

This tax will be a deduction from income prior to the calculation
of Federal income and excess profits taxes. Consequently it wilt

642 — August 1, 1941

TITLE VI— RADIO BROADCASTING AND NETWORK TAX
SECTION 601

Tax on Radio Broadcasting Stations and Networks

Subtitle B of the Internal Revenue Code is amended by inserting
after Chapter 6 the following new chapter:

“CHAPTER 6A

“SEC. 1220. TAX ON RADIO BROADCASTING STATIONS
AND NETWORKS.

“(a) R,ATE. — For each calendar year beginning after December
31, 1941, there shall be imposed upon every person with respect
to operating a radio broadcasting station Or engaging in network
broadcasting for any part of such year, an excise tax computed as
follows:

“(1) If the net time sales exceed $100,000 and do not exceed
$500,000, an amount equal to 5 per centum of the net time
sales, or an amount equal to the net time sales in excess of
$100,000, whichever is the lesser.

“(2) If the net time sales exceed $500,000 and do not exceed
$1,000,000, an amount equal to 10 per centum of the net time
sales, or an amount equal to $25,000 plus the amount of the
net time sales in excess of $500,000, whichever is the lesser.

“(3) If the net time sales exceed $1,000,000, an amount
equal to 15 per centum of the net time sales, or an amount
equal to $100,000 plus the amount of the net time sales in
excess of $1,000,000, whichever is the lesser,

“(b) DEFINITIONS. — For the purposes of this section — -

“(1) ‘Network broadcasting’ means the making of arrange¬
ments with persons operating radio broadcasting stations for
the simultaneous broadcast of an identical program by two or
more connected stations and the distribution of programs by
wire or radio to such persons.

“(2) ‘Time sales’ means the gross amount received or accrued
from the sale of broadcast time. Where the sale is for a con¬
sideration other than money the gross amount considered to be
received or accrued shall be the seller’s published card rate for
broadcast time. Where the sale is for a consideration, less a
commission to an advertising agency (whether such sale is
made to such agency or its principal) the amount of such
commission (not in excess of 15 per centum of such considera¬
tion) shall be excluded in determining the gross amount re¬
ceived or accrued with respect to such sale.

“(3) ‘Net time sales’ means time sales minus the amounts
paid or incurred for broadcast time to other persons operating
radio stations or engaged in network broadcasting.

“SEC. 1221. RETURNS.

“(a) REQUIREMENT. — Every person liable for tax under sec¬
tion 1220 shall make a return under oath. Such return shall con¬
tain such information and be made in such manner as the Com¬
missioner with the approval of the Secretary may by regulations
prescribe.

“(b) TIME FOR FILING.—

“(1) GENERAL RULE. — Such return shall be made within
two months after the close of the year with respect to which
such tax is imposed.

“(2) EXTENSION OF TIME. — The Commissioner may
extend the time for making the returns, under such rules and
regulations -as he may prescribe with the approval of the
Secretary, but no such extension shall be for more than sixty
days.

“(c) PLACE FOR FILING. — The return shall be made to the
collector for the district in which is located the principal place of
business of the taxpayer, or, if it has no principal place of business
in the United States, then to the collector at Baltimore, Maryland.

“SEC. 1222. OTHER LAWS APPLICABLE.

“All provisions of law (including penalties) applicable in respect
of the taxes imposed by chapter 6 shall, insofar as not inconsistent
with this chapter, be applicable in respect of the tax imposed by
this chapter.”

Committee Report

TITLE VI— RADIO BROADCASTING STATIONS
AND NETWORKS

Section 601

Radio Broadcasting Stations and Networks

This section imposes an excise tax for the calendar year 1942
and each succeeding calendar year upon every person who during
the year operates a radio broadcasting station or engages in net¬
work broadcasting at any time during such calendar year. The
tax is equal to a given percentage of net time sales during the
year. A net time sale is the gross amount received or accrued from
a sale of radio time, not including the amount of any commission
to an advertising agency (up to IS percent of the gross amount),
and minus any amounts paid or incurred by the taxpayer, pursuant
to the sale of radio time by him, for broadcasting time to other
persons operating radio stations or engaged in network broadcast¬
ing. Such other persons are in turn liable with respect to the
amounts so paid to them. If the taxpayer is on a cash basis of
accounting, net time sales are computed with reference to amounts
received and amounts paid. In the case of a taxpayer on an
accrual basis of accounting, net time sales are computed with
reference to amounts accrued and liabilities incurred.

The rates of tax are 5 percent where the net time sales during
the year exceed $100,000 and do not exceed $500,000, 10 percent
where the net sales exceed $500,000 and do not exceed $1,000,000,
and IS percent where the net sales exceed $1,000,000. The tax is
measured in each case by the entire amount of the net time sales
but the liability of a taxpayer in one classification cannot exceed
the maximum liability under the next lower classification plus the
amount of the taxpayer’s net time sales in excess of the maximum
net time sales taxable under the lower classification. If the net
sales do not exceed $100,000 no tax is imposed.

A return for the calendar year must be made prior to March 1
of the succeeding year.

Taxes on Advertising

EXTENSION OF REMARKS

OF

HON. FRANK E. HOOK

OF MICHIGAN

IN THE HOUSE OF REPRESENTATIVES

Wednesday, July 30, 1941

TELEGRAMS FROM MICHIGAN CITIZENS

Mr. HOOK. Mr. Speaker, under leave to extend my re¬
marks in the Record, I include the following telegrams:

Ironwood, Mich., July 29, 1941.

Hon. Frank E, Hook,

House of Representatives,

Washington, D. C.:

In behalf our two radio stations, W.ATW, Ashland, Wis.,
and WJMS, Ironwood, Mich., we protest as unfair, con¬
fiscatory, and discriminatory, the proposed taxing of radio
and outdoor advertising revenue in occupational tax pro¬
vision of general tax bill. Urgently request you consider
carefully all points brought to your attention by National
Association of Broadcasters and proceed to drastic modifica¬
tion or elimination of advertising taxation feature of the
bill. Certainly due consideration should be given to great
demands made by Government Department and defense pro¬
gram for free radio and billboard publicity. We have al¬
ways complied with each request and propose to continue
to do so, but such discriminating taxes, omitting newspapers,
magazines, direct mail, etc., will make our costs much
higher. Though applying to large stations now, the step
will affect small stations as well.

Upper Michigan-Wisconsin

Broadcasting Co., Inc.,

N. C. Ruddell,

Vice President and General Manager.

White Introduces Sweeping
FCC Law Amendments

Senator White (R-Maine) on Thursday introduced a bill to
make sweeping changes in the Communications Act of 1934, and
urged Congress to act upon it immediately.

The senator made the following detailed explanation of the
measure:

The bill today introduced by Senator White has its source in
S. 1268, a bill introduced by Senator Wheeler in the last Congress;
in S. 1520 introduced in the last Congress by Senator White; in
recommendations recently made to the Federal Communications
Bar Association by a committee thereof; in court decisions; and
in recommendations found in the Report of the Attorney General’s
Committee on Administrative Procedure. This measure should not
be regarded as a general revision of our Communications -Act of
1934, but the changes in the organization of the Federal Communi¬
cations Commission, in procedure, in the sections of present law
with respect to appeals to the courts, in the efforts made to assure
equality of right and opportunity among those who utilize radio
for public discussion and finally the attempt to further provide
against censorship, make this bill of supreme importance and
justify, indeed demand, its study and approval in substantially its
present form by the present Congress.

There follows an explanation of the Sections of the bill.

August 1, 1941 — 643

Section 1

This section defines the terms “license,” “station license” or
“radio station license,” appearing throughout the Act, as that
instrument of authorization required by the Act or the Commis¬
sion’s Rules and Regulations for the use or operation of radio
apparatus. This definition is made necessary because of a recent
tendency upon the part of the Commission to treat what are
in fact licenses as instruments of a different character thereby
making possible avoidance of compliance with procedural and
appellate provisions of the .Act intended as safeguards against
arbitrary administrative action, provisions necessary to be re¬
spected if orderly procedure is to be had. This broad definition
of the term license tends to insure that result.

Sections 2 and 3

Sections 2 and .i basically change the administrative setup and
functions of the Ccmmission. They can be summarized as the
separation of the Commission of seven members into two statutor',-
divisions of three members each and a clarification of the status and
functions of the Chairman or seventh man of the Commission,

Under this p’an, the w’hcle Commission would have pow'er and
authoritv to adopt and promulgate any rule or regulation of gen-
er:'l apiilication required or authorized by the Act, including pro¬
cedural rules and regulations for the Commission and each division.
The whole Commission would h.ave plenary authority over amateur
services, emergency- services, the qualification and licensing of
operators, the selection and control of personnel, the assignment of
h- nds of frequencies to the various radio services and many other
subiects and services as at present. But the present judicial and
quasi-judicial functions of the Commission would be vested in the
proposed divisions insofar as those functions relate to the most
important and controversial subjects within the jurisdiction of the
Commission.

Jurisdiction to hear and determine all cases arising under the
Art or regulations, relating to broadcast, television, facsimile and
kindred communications intended for public reception is vested in
the Division of Public Communications, Similar jurisdiction with
respect to common carriers and communications intended for a
design-’ted addressee is vested in the Division of Private Cemmuni-
catiens. This plan not onlv recognizes the basic and fundamental
differences between the two types of communications involved and
the nature of the questions presented bv each but it also provides a
method for obtaining proper consideration of those cases by persons
W'ho will he able to devote their time and attention to the questions
committed to them without undue interruption or interference
occasioned bv the demands of basicalR- different problems.

Under the plan proposed, the status of the Chairman would be
that of an executive officer and coordinator participating fullv in all
matters within the jurisdiction of the Commission except the de¬
termination and decision of contested matters which are made the
exclusive business of the divisions. Experience has amply demon¬
strated that the Chairman can not be expected to devote the time
and attention necessary to the proper handling and disposition of
these matters and also efficiently to discharge the many other duties
which are unavoidably his under the Act. As to these other duties,
an attempt has also been made to clarify the status of the Chair¬
man and to make him, and him only, the official spokesman and
representative of the Commission in certain important respects.

When the present Act was before the Congress in 1934, the hill
passed by the Senate provided for a mandatory separation of the
Commission into divisions as is now proposed but this plan W'as
later abandoned and the present Commission has been operating
under a law wdiich permitted but did not require it to organize
itself into divisions. For the last two or three years the division
plan has been entirely abandoned and it seems certain that such
abandonment has operated to the detriment of orderly procedure.
We believe students of our legislation are thoroughly convincerl
of the wisdom of the mandatory division plan for at least two
important reasons. They recognize that there are fundamental
differences in the two classes of communications above referred to;
that rate making and public utility concepts are the verv essence of
private communications but have little, if any, application to com¬
munications with the public directly; that there has been a tendency
upon the part of the Commission to confuse the two and to apply
the same concepts and philosophies in the regulation of the two.
This must be avoided. In the second place, it is apparent that the
subject of public or mass communications and the problem incident
to the regulation thereof are so interesting and attractive that thev
draw public attention ; that on the other hand, there is very little
of news value or opportunity for publicity in the regulation of

644 — August 1, 1941

common carriers and that this has had the result of centering the
attention of the Commission and ^s presonnel almost exclusively
on broadcasting and related problems and of preventing the giving
of sufficient attention to equally important problems relating to
private communications.

The changes proposed in these two sections would bring about
a much needed and desired separation of the judicial and legisla¬
tive functions of the Commission ; would contribute to a sounder
knowledge on the part of the Commissioners of the communica¬
tion problems committed to them ; would make for orderly pro¬
cedure and harmony of decision ; and would speed up the dispo¬
sition of cases before the Commission and the divisions thereof.

Sections 4 and 5

These sections proposed certain amendments to the procedural
sections of the present .Act (Sections 308 and 309). These amend¬
ments are made necessary by the restrictive character of the lan¬
guage now employed and by the disposition of the Commission to
give that language an extremely literal rather than a broad inter¬
pretation. The result has been to deprive applicants for certain
types of licenses of the right to be heard before their application is
denied and to deprive persons who are adversely affected by the
action of the Commission in granting the application of others, of
an opportunity to be heard before the Commission.

The amendment to Section 308 will make it clear that all instru¬
ments of authorization granted by the Commission entitling the
holders to construct or operate radio apparatus should be the
subject of a written application. The amendments to Section 309
make it clear that any person filing an application described in
Section 309 is entitled as a matter of right to have his application
handled in a definite procedural way.

The procedure to be followed in the handling of applications
is that which was successfully followed by the Commission for
a considerable period of time pursuant to rules and regula¬
tions enacted by it but which method was recently abandoned
apparently upon the theory that the Commission was according
to applicants and others in interest greater rights than tho.se
which the .Act guaranteed to them. Since the right to notice
and hearing is of the very essence of orderly procedure, amend¬
ments to the .Act which leave no doubt that such right is secured
are absolutely imperative. The amendments proposed would
assure this result.

Section 6

This section proposes a redraft of the transfer section of the
present Act (Section 310 (b)). As now drafted, this section
in terms relates only to station licenses and does not apply to
construction permits or other instruments of authorization which
the Commission may issue under its rules and regulations. The
redraft would remedy this deficiency. The present transfer sec¬
tion is also silent concerning the procedure to be employed by
the Commission in passing upon such applications and the
proposed amendment would remedy this defect by providing
that transfer applications be handled in the same manner and
in accordance with the same procedure employed in the handling
of applications for original instruments of authorization.

Aside from these questions of procedure, the decisions of

the Commis.sion relating to transfer applications have given

rise to the theory that the proposed transferee of a station

license may be subjected to conditions not required of an ap¬

plicant for an original license. This is believed to be unsound
and has been due, at least in part, to the fact that the statu¬
tory standard employed in the present transfer section differs
shghtl\- in phraseology from that used elsewhere in the Act.
B\' providing for the use of the same statutory standard in

the propo.sed amendment and by the use of other clarifying

language, it is believed that this cause for controversy will be
eliminated.

Section 7

This section proposes amendments to Section 315 of the present
•Act relating to the use of broadcast facilities by candidates

for public office. The amendments proposed are the deletion
of the proviso clause now appearing in that section which pro-
\ides that the licensee shall have no power of censorship over
the material broadcast under the provisions of this section

and the substitution therefor of clearer language to the same
purpose found in a proposed new Section 332. This present
proviso has been the source of much uncertainty and contro¬
versy. I believe the change urged clarifies and enforces the
Congressional intent.

Section 8

This section of the bill proposes the addition of an entirely
new section to the Act (Sec. 330) which will require the identifi¬
cation of the speaker in the case of broadcasts dealing with
public or political questions either local, State or national in
their scope and application. Ever since the enactment of the
Radio Act of 1927, the law has carried a provision requiring
that in the case of the commercial use of a station the person
or organization sponsoring such broadcast be identified in con¬
nection with the broadcast. Such a provision is found in
Section 317 of the present Act. The proposed new Section would
merely carry the principle of identification further and make
it obligatory in the discussion of political or public questions
to make clear not only who the speaker is but whose views he
expresses. It is unfortunately a fact that most propaganda by
radio is found in sustaining programs or programs which have
no commercial sponsor. The adoption of this new section would
carry the salutory principle of identification into a field where
it is much needed.

Section 9

Section 9 of the bill proposes the inclusion of a new section
(Sec. 331), the effect of which would be to require the licensee
of any station to afford a right of reply where public officers, other
than the President of the United States, use his station for the
discussion of public or political questions. This right of reply
is to be exercised by the accredited representatives of the opposi¬
tion political party or parties, and is to be afforded upon the
same terms and conditions as the initial discussion. This sub¬
stantially enlarges the scope of Section 315 of the 1934 Act.
The subject matter of this proposed section merits immediate
consideration.

Section 10

Section 10 of the bill proposes the addition of another new
section (Sec. 332), the effect of which would be to clarify the
duties and responsibilities of a licensee where his station was
used by a candidate for public office or by public officers or others
for the discussion of public or political questions. The “no censor¬
ship” clause of Section 315 of the present Act does not adequately
define the duties of a licensee under such circumstances. The
proposed new section (Section 332) affords the licensee an oppor¬
tunity to examine the material to be broadcast before its intended
use and to delete therefrom any material which is slanderous or
libelous or which the licensee may have reason to believe would
subject him or his station to any action for damages or to a
penalty or forfeiture under any local. State or Federal law or
regulation. This section specifically provides that no licensee
of any broadcast station shall have the power to censor, alter,
or in any way affect or control the political or partisan trend
of any material submitted by a candidate for public office or by
public officers or others discussing public and political questions.
With the exception of material which might subject the licensee
to damages or penalties or material which is submitted for broad¬
cast by or upon behalf of any person or organization w'hich advo¬
cates the overthrow of government by force or violence, the
licensee has no discretion.

Section 11

Section 11 of the bill proposes a new sentence as an amendment
to Section 326 of the present Act which codifies an interpretation
placed upon the Act by the Supreme Court of the tlnited States
in the case of the Federal Communications Commission versus
Sanders Brothers Radio Station decided March 25, 1940. In this
case the Supreme Court said:

“But the Act does not essay to regulate the business of
the licensee. The Commission is given no supervisory control
of the programs, of business management or of policy. In
short, the broadcasting field is open to anyone, provided there
be an available frequency over w'hich he can broadcast with¬
out interference to others, if he shows his competency, the
adequacy of his equipment, and financial ability to make
good use of the assigned channel.”

Notwithstanding this pronouncement of the Supreme Court, not¬
withstanding the fact that no language can be found in the Act
W'hich confers any right upon the Commission to concern itself
with the business phases of the operation of radio broadcast

stations and notw'ithstanding the further fact that Section 3(h)
of the Act provides that a person engaged in radio broadcasting
should not be regarded as a common carrier, the Commission has
nevertheless concerned itself more and more with such matters. The
charge is made that the Commission is attempting to control
both the character and source of program material and the con¬
tractual or other arrangements made by the licensee for the
acquisition of such material.

The amendment proposed spells out in black and white what
it is believed was not only the original intention of Congress
but is its present intention, with respect to this subject, in the
hope that confusion and controversy can be eliminated. The
amendment preserves the prohibition now containerl in the Act
against interference with the right of free speech and that against
the utterance of obscene, indecent or profane language by means
of radio communication.

Section 12

Section 12 is designed to clarify provisions of existing law
relative to proceedings to enforce or set aside orders of the Com¬
mission and in appeals from decisions of the Commission. The
present law upon this subject is now found in Section 402 of the
Act.

Paragraph (a) of Section 402 deals with actions to enforce
or set aside orders of the Commission except those appealable
under paragraph (b) of that section. More specifically, para¬
graph (a) of this section relates to those orders of the Com¬
mission entered in matters involving common carriers and certain
other orders relating to radio broadcast stations not now appeal-
able to the United States Court of Appeals for the District of
Columbia under paragraph (b) of Section 402. Fender the pro¬
posed amendment, all orders entered by the Commission in the
performance of its licensing functions w'ould be appealable under
paragraph (b) and would not be brought before a statutory three
judge district court. Moreover, suits brought before a statutory
three judge court to enjoin the enforcement of an order of the
Commission could be brought in the District of Columbia as well
as in other judicial districts.

The principal changes proposed in paragraph (b) of Section 402
can be summarized as follows: (1) persons desiring to appeal from
orders of the Commission entered in cases where the Commission
exercises its licensing functions w'ould be permitted to appeal either
to the United States Court of Appeals for the District of Columbia,
as at present, or to the United States Circuit Court of Appeals for
the district in w'hich they reside or have their principal place of
business; (2) language is adopted w'hich will remove doubt as to
which cases are appealable and which will extend the right of
appeal to persons which should have such right but which have
been excluded due to imperfections in the present Act; (3) the
time in w’hich an appeal must be taken is made thirty rather than
twenty days, as at present, and the contents of the Notice of Appeal
are specified with certain particularity along the lines now' provided
by the rules of the United States Court of .Appeals for the District
of Columbia; (4) jurisdiction is expressly conferred upon the Court
to which an appeal is taken to grant temporary relief either
affirmative or negative in character; (5) the Court is given au-
thoritv to specify by rule w'hat the record upon appeal shall con¬
tain; (6) the questions w'hich can be raised upon appeal and w'hich
the Court must consider in determining an appeal are specifically
enumerated ; and ( 7 ) the Comm.ission will be required to comply
with the mandate or decision of the Court upon the basis of the
record upon which an appeal is taken unless the Court upon peti¬
tion shall otherwise determine. Other provisions of the present
Act relating to the right of persons to intervene in an appeal and
the right to review by writ of certiorari the judgment rendered
by the courts upon such appeal are retained.

All of these changes are, in my opinion, not only desirable but
necessary if adequate judicial review of the Commission’s exercise
of its licensing function is to be made effective. Present language
of Section 402 and particularly paragraph (b) thereof is so vague
as to result in great doubt concerning the proper court in which
to seek judicial review in many cases. Moreover, recent decisions
of the United States Court of Appeals for the District of Columbia
and of the Supreme Court of the United States are such as to
cast further doubt upon the meaning and application of these
provisions. An illustration of this is afforded by a recent decision
of the Flnited States Court of Appeals for the District of Columbia
which finds that court to be without jurisdiction to grant interim
or temporary relief to any licensee where an order of the Commis¬
sion is appealed from notw'ithstanding the fact that it has been the
uniform practice of that court to grant such relief in meritorious

August 1, 1941 — 645

cases since the first appeal taken to that court under the Radio
Act of 1927.

Generally speaking, the same considerations which controlled
the .Attorney General’s Committee on Administrative Procedure in
the making of its recommendations concerning judicial review of
the decisions and orders of other administrative tribunals have
prompted the amendments to Section 402 here proposed. But I
have gone further in certain respects than the Attorney General’s
Committee and have attempted to adapt the theory of that report
to the peculiar problems incident to the licensing of radio stations
anfi the review of decisions and orders of the Commission in
licensing such stations.

Section 13

Section 12 of the bill provides for such changes in Section 405
of the present law relating to the subject of rehearings as are neces¬
sary to conform to the changes in the administrative organization
of the Commission proposed in sections 2 and 3 of the bill.
Further provision is made for delaying the effective date of any
decision, order or requirement made in any case which is the sub¬
ject of petition for rehearing until after final decision upon such
petition. An attempt has also been made to eliminate doubt now-
prevalent concerning when his petition for rehearing must be filed
before judicial review' of the Commission’s order can lie had.
Under the provisions of the amendment proposed, the petition for
rehearing will not be a condition precedent to judicial review ex¬
cept w'here the party seeking such review w-as not a party to the
proceeding before the Commission resulting in such order or where
the party seeking such review relies upon questions of law or fact
upon w'hich the Commission has been afforded no opportunity to
pass.

Section 14

Section 14 of the bill proposes an amendment to paragraph (a)
of Section 409 of the present .Act which deals with the cases heard
by less than a quorum of the Commission or either division thereof.
The procedure employed by the Commission in cases of this char¬
acter has lead to a great deal of controversy and there has been a
decided lack of uniformity both in the handling of such matters
and the character of reports submitted by the hearing officer. The
proposed amendment requires not onh' the submission of a uniform
type of report setting out in detail and with particularity all basic
or evidentiary facts developed as a result of the evidence taken
but also conclusions of fact and law upon each issue submitted
for hearing. It further makes mandatory the hearing of oral argu¬
ment by the Commission or the division having jurisdiction of any
case upon request of any party before the entry of a final order.
The Commission or division is also required to accompany any
final order with a full statement in writing of all the relevant facts
as well as conclusions of law upon those facts.

Here again an attempt has been made to conform to the recom¬
mendations of the report of the Attorney General’s Committee on
.Administrative Procedure, and these provisions, if enacted, w'ould
be wholly consistent with those recommendations or any legislation
which may result therefrom.

Section 15

Section 15 of the bill proposes the addition of an entirely new'
section. This section is designed to curb an alleged tendency upon
the part of the Commission to discriminate in a manner not au¬
thorized by the statute between applicants for broadcast and other
radio facilities and to require as a condition to grants made the
doing of certain acts which the Commission has no authority under
the statute to require.

When the Congress enacts a law creating an administrative
tribunal and defines its powers, duties and functions, we consider
it as fundamental that the delegation of authority thus made must
be limited by the enabling .Act. Such a tribunal has and must
exercise those powers which are specifically enumerated. In addi¬
tion, it must exercise those powers which are necessarily incident
to the exercise by it of those powers expressly enumerated. It is
not, however, authorized or permitted to set itself up as a general
legislative body making its own rules of conduct and decision wholly
apart from and beyond the language of the statute. The tendency
to do this, prevalent among virtually all administrative tribunals,
has recently become very aggravated at the Commission. This,
in my opinion, must be arrested by the enactment of specific legisla¬
tion along the lines here suggested.

The White Bill

Be it enacted by the Senate and House of Representatives in
Congress assembled, “That section 3 of Title I of the Communica¬
tions Act of 1934 be amended by adding after paragraph (aa) of
said section the follow'ing:

“(bb) The term “license”, “station license”, or “radio station
license” means that instrument of authorization required by this
Act, or the Rules and Regulations of the Commission enacted pur¬
suant to this .Act, for the use or operation of apparatus for the
transmission of energy, or communications, or signals by radio,
by whatever name the same may be designated by the Com¬
mission.”

Sec. 2. .Amend paragraph (b) of section 4 of said Title I by
striking out the last sentence of said paragraph and by inserting
in lieu thereof the follow'ing:

‘Not more than four members of the Commission and not
more than two members of either division thereof shall be members
of the same political party.”

Sec. 3. .Amend section 5 of said Title I by striking out the
whole of said section and by inserting in lieu thereof the follow'ing:

“(a) The members of the Commission other than the Chairman
shall be organized into two divisions of three members each, said
divisions to be known and designated as the Division of Public
Communications and the Division of Private Communications and
no member designated or appointed to serve on one division shall
have or exercise any duty or authority with respect to the work
or functions of the other division, except as hereinafter provided.
The President shall designate the Commissioners now in office who
shall serve upon a particular division but all Commissioners other
than the Chairman subsequently appointed shall be appointed to
serve upon a particular division and the Chairman subsequently
appointed shall be appointed to serve in that capacity.

“(b) The Division of Public Communications shall have juris¬
diction over all cases and controversies arising under the pro¬
visions of this Act and the rules and regulations of the Commission
enacted pursuant to this .Act relating to wire and radio

communications intended to be received by the public directly,
and shall make all adjudications involving the interpretation and
application of those provisions of the .Act and of the Commission’s
regulations.

“(c) The Division of Private Communications shall have juris¬
diction over all cases and controversies arising under the pro-
-•'isions of this Act and the rules and regulations of the Commission
enacted pursuant to this .Act relating to wire and radio

communications b>- a common carrier or carriers, or w'hich are
intended to be received by a designated addressee or addressees,
and shall make all ajudications involving the interpretation and
application of those provisions of the .Act and of the Commission’s
regulations.

“(d) The whole Commission shall have and e.xercise jurisdiction
over the assignment of bands of frequencies to the various radio
services; over all matters arising under the provisions of part
2 of Title HI of this Act, as amended; over all signals and com¬
munications of an emergency nature, including distress signals
by ships at sea and communications relating thereto, signals
and communications by police and fire departments and other
like emergent signals and messages; over all signals and com¬
munications by and betw'een amateur stations; over the qualifi¬
cation and licensing of all radio operators; over the adoption
and promulgation of all rules and regulations of general appli¬
cation required or authorized by this Act, including procedural
rules for the Commission and the Divisions thereof; over the
selection and appointment of all officers and other employees of
the Commission and the Divisions thereof; and generally over all
matters with respect to which authority is not otherwise con¬
ferred by other provisions of this Act. In any case where a
conflict arises as to the jurisdiction of the Commission or any
rlivision thereof, such question of jurisdiction shall be determined
by the whole Commission.

“(c) The Chairman of the Commission shall be the chief
executive officer of the Commission. It shall be his duty to
trreside at all meetings and sessions of the whole Commission,
to represent the Commission in all matters relating to legislation

646 — August 1, 1941

and legislative reports, to represent the Commission or any
division thereof in all matters requiring conferences or com¬
munications with representatives of the public or other govern¬
mental officers, departments, or agencies and generally to co¬
ordinate and organize the work of the Commission and each
division thereof in such manner as to promote prompt and
efficient handling of all matters within the jurisdiction of the
Commission. The Chairman of the Commission shall not be a
member of or serve upon either of said divisions, except that
in the case of a vacancy or the absence or inability of any
Commissioner appointed to serve thereon, the Chairman may
temporarily serve on either of said divisions with full power as
a member thereof until the cause or circumstances requiring said
service shall have been eliminated or corrected.

“(f) Each division of the Commission shall choose its own
chairman, and, in conformity with and subject to the foregoing
provisions of this section, shall organize its membership and
the personnel assigned to it in such manner as will best serve
the prompt and orderly conduct of its business. Each division
shall have power and authority by a majority thereof to hear
and determine, order, certify, report, or otherwise act as to any
of said work, business, or functions over which it has jurisdiction.
.Any order, decision, report made or other action taken by either
of said divisions with respect to any matter within its jurisdiction,
shall be final and conclusive, except as otherwise provided by
said Communications .Act of 1934 as hereby amended. The
secretary and seal of the Commission shall be the secretary and
seal of each division thereof.

“(g) In the case of a vacancy in the office of the Chairman of
the Commission or the absence or inability of the Chairman to
serve, the Commission may temporarily designate and appoint
one of its members to act as Chairman of the Commission until
the cause or circumstance requiring said service shall have been
eliminated or corrected. During the temporary service of any
such commissioner as Chairman of the Commission, he shall con¬
tinue to exercise the other duties and responsibilities which arc
conferred upon him by this Act.

“(h) The term “Commission” as used in this Act shall be taken
to mean the whole Commission or a division thereof as required
by the context and the subject matter dealt with. The term
“cases and controversies”, as used herein, shall be taken to include
all adversary proceedings whether judicial or quasi-judicial in
nature, and whether instituted by the Commission on its own
motion or otherwise, and the term “adjudications” means the
final disposition of particular cases, controversies, application.-,
complaints, or proceedings involving named persons or a named
res.”

Sec. 4. .Amend paragraph (a) of section 308 of Title III by
striking out all appearing before the first proviso clause in said
paragraph and inserting in lieu thereof the following:

“The Commission may grant the instruments of authorization
required by this Act entitling the holders thereof to construct or
operate apparatus for the transmission of energy, or communica¬
tions, or signals by radio only upon written application therefor
received by it : ”

Sec. 3. Amend section 309 of said Title III by striking out the
w'hole of said section and inserting in lieu thereof the follow'ing:

“(a) If upon examination of any application provided for in
Section 308 hereof, the Commission shall determine ( 1 ) that public
interest, convenience or necessity wmuld be served by the granting
thereof, and (2) that such action w'ouid not aggrieve or adversely
affect the interest of any licensee, applicant or other person, it
shall authorize the issuance of the instrument of authorization
for which application is made in accordance wdth said findings.

“(b) If upon examination of any such application the Commis¬
sion is unable to make either or both of the findings specified in
paragraph (a) hereof, it shall designate the application for hear¬
ing and forthwith notify the applicant and other parties in interest
of such action and the grounds or reasons therefor. .Any hearing
subsequently held upon such application shall be a full hearing in
which the applicant and all other parties in interest, whether
originally notified by the Commission or subsequently admitted
as interveners, shall be permitted to participate. Such hearing
shall be preceded by a notice to all such parties in interest specify¬
ing wdth particularity the matters and things in issue and not in¬
cluding issues or requirements phrased generally or in the words
of the statute.

“(c) When any instrument of authorization is granted by the
Commission without a hearing, as provided in paragraph (a)

hereof, such grant shall remain subject to protest as hereinafter
provided, for a period of thirty days. During such thirty-day
period, any person, who would be entitled to challenge the legality
or propriety of such grant under the provisions of Section 402 of
this .Act may file a protest directed to such grant, and request a
hearing on said application so granted. Any protest so filed shall
contain such allegations of fact as will show the protestant to be
a proper party in interest and shall specify with particularity the
matters and things in issue but shall not include issues or allega¬
tions phrased generally or in the w'ords of the statute. Upon the
filing of such protest, the application involved shall be set for
hearing upon the issues set forth in said protest and heard in the
same manner in which applications are heard under paragra]rh
(b) hereof. Pending hearing and decision upon said protest, the
effective date of the Commission’s action to which said protest
is directed shall be postponed to the date of the Commission’s
decision after hearing unless the authorization involved in such
grant is necessary to the maintenance or conduct of an existing
Si rvice, in which event the Commission shall authorize the appli¬
cant to utilize the facilities or authorization in question pending
the Commission’s decision after hearing on said protest.

“(d) Such station licenses as the Commission may grant shall
be in such general form as it may prescribe, but each license shall
contain, in addition to other provisions, a statement of the follow¬
ing conditions to w'hich such license shall be subject; (1) the
station license shall not vest in the licensee any right to operate
the station nor any right in the use of the frequencies designated
in the license beyond the term thereof nor in any other manner
than authorized therein; (2) neither the license nor the right
granted thereunder shall be assigned or otherwise transferred in
violation of this .Act; (3) every license issued under this .Act
shall be subject in terms to the right of use or control conferred
by Section 606 hereof.”

Sec. 6. .Amend paragraph (b) of section 310 of said Title III
by striking out the whole of said paragraph and by inserting in
lieu thereof the following:

“No instrument of authorization granted by the Commission
pursuant to this .Act entitling the holder thereof to construct
or operate radio apparatus shall be transferred, assigned, or dis¬
posed of in an>’ manner, voluntarily or involuntarily, directly or
indirectly, or by transfer of control of any corporation holding
such instrument of authorization, to any person except upon
application to the Commission and upon a finding by the Com¬
mission that the proposed transferee or assignee possesses the
qualifications required of an original permittee or licensee and is
capable of constructing or operating under such instrument of
authorization in the public interest, convenience and necessity.
The procedure to be employed in the handling of such applications
shall be that provided in Section 309 of this Act, as amended.”

Sec. 7. Amend section 31S of said Title III by striking out the
whole of said section and by inserting in lieu thereof the following:

“Sec. 315. If any licensee shall permit any person who is a
legally qualified candidate for any public office to use a broadcast
station, he shall afford equal oppportunities to all other such
candidates for that office in the use of such broadcast station,
and the Commission shall make rules and regulations to carry
thi.s provision into effect. No obligation is hereby imposed upon
any licensee to allow the use of its station by any such candidate.”

Sec. 8. Add to said Title III the following new section:

“Sec. 330. No licensee of any radio broadcast-station shall
permit the use of such station for the discussion of anv public
or political question whether local. State or national in its scope
and application, unless the person or persons using such station
shall, prior to such use, disclose in writing and deliver to the
licensee the name or names of the person or persons or organiza¬
tion upon whose instance or behalf such broadcast is to be made
or conducted. Upon the making of any such broadcast the name
of the speaker or speakers using the station, together with the
other information required by this section, shall be announced
both at the beginning and at the end of such broadcast. Public
officers, speaking as such, whether local, State, or national, and
whether elective or apoointive, shall be relieved of compliance
with the foregoing provisions, but in all cases the licensee shall
cause an announcement to be made both at the beginning and
at the end of the broadcast, stating the name of the speaker,
the office held by him, whether such office is elective or appointive,
and by what political unit or public officer such power of election

August 1, 1941 — 647

or appointment is exercised. Where more than one broadcasting
station or a network of such stations is used as herein provided,
the requirements of this section will be met by compliance there¬
with at the station which originates such broadcast.”

Sec. 9. Add to said Title III the following new section:

“Sec. 331. In all cases where public officers other than the Presi¬
dent of the United States use a radio broadcast station for the
discussion of public or political questions, the licensee of any
station so used shall afford a right of reply to any person desig¬
nated by the accredited representatives of the opposition political
party or parties. In all cases, the right of reply herein provided
shall be afforded upon the same terms and conditions as the initial
discussion and the Commission shall make such rules and regula¬
tions as are necessary to carry this provision into effect.”

Sec. 10. Add to said Title III the following new section:

“Section 332. No license of any radio broadcast station shall
have the power to censor, alter, or in any way affect or control
the political or partisan trend of any material broadcast under
the provisions of Sections 315, 330 and 331 hereof: Provided,
however, that no licensee shall be required under the provisions
of this section or otherwise to broadcast any material for or
upon behalf of any person or organization which advocates the
overthrow of government by force or violence and that no
licensee shall be required to broadcast any material which is
slanderous or libelous or which might subject the licensee or its
station to any action for damages or to a penalty or forfeiture
under any local. State or Federal law or regulation. In all such
cases the licensee shall have the right to demand and receive a
complete and accurate copy of the material to be broadcast a
sufficient time in advance of its intended use to permit an exami¬
nation thereof and the deletion therefrom of any material neces¬
sary to conform the same to the requirements of this section, and
the Commission shall make rules and regulations to carry this
provision into effect.”

Sec. 11. Amend section 326 of said Title III by inserting before
the first sentence thereof a new sentence so that as amended said
section shall read as follows:

“Nothing in this Act shall be understood or construed to give
the Commission the power to regulate the business of the licensee
of any radio broadcast station and no regulation, condition or
requirement shall be promulgated, fixed or imposed by the Com¬
mission, the effect, or result of which shall be to confer upon the
Commission supervisory control of station programs or program
material, control of the business management of the station or
control of the policies of the station or of the station licensee.
Nothing in this .Act shall be understood or construed to give the
Commission the power of censorship over the radio communica¬
tions or signals transmitted by any radio station, and no regula¬
tion or condition shall be promulgated or fixed by the Commis¬
sion w'hich shall interfere with the right of free speech by means
of radio communication. No person wdthin the jurisdiction of
the United States shall utter any obscene, indecent, or profane
language by means of radio communication.”

Sec. 12. Amend section 402 of Title IV by striking out the whole
of said section and by inserting in lieu thereof the following:

“Sec. 402. (a) The provisions of the Act of October 22, 1913
(38 Stat. 219), as amended, relating to the enforcing or setting
aside of orders of the Interstate Commerce Commission are
hereby made applicable to suits to enforce, enjoin, set aside,
annul or suspend any order of the Commission under this Act,
(except those appealable under the provisions of paragraph (b)
hereof), anrl such suits are hereby authorized to be brought
as provided in that Act. In addition to the venues specified in that
Act, suits to enjoin, set aside, annul or suspend, but not to enforce,
any such order of the Commission may also be brought in the
District Court for the District of Columbia.

“(b) Appeals may be taken from decisions and orders of the
Commission to the Circuit Court of Appeals of the United States
within any circuit w'herein the appellant resides or has his
irrincipal place of business, or to the United States Court of
Appeals for the District of Columbia in any of the following
cases;

“(1) By any applicant for any instrument of authorization
required by this Act, or by the regulations of the Com¬
mission enacted pursuant to this Act, for the construction

648 — August 1, 1941

or operation of apparatus for the transmission of energy,
or communications, or signals by radio whose application
is denied by the Commission.

“(2) By any party to an application for authority to assign
any such instrument of authorization or to transfer con¬
trol of any corporation holding such instrument of authori¬
zation wffiose application is denied by the Commission.

“(3) By any applicant for the permit required by Section 325
of this Act or any permittee under said section whose
permit has been modified, revoked or suspended by the
Commission.

“(4) By anv other person w'ho is aggrieved or whose interests
are adversely affected by any order of the Commission
granting or denying any application described in sub-
paragraphs (1), (2) and (3) hereof.

“(5) By the holder of any instrument of authorization re¬
quired by this Act, or by the regulations of the Commis¬
sion enacted pursuant to this Act, for the construction
or operation of apparatus for the transmission of energy,
or communications, or signals by radio, which instrument
has been modified, revoked, or suspended by the Com¬
mission.

“(6) By any radio operator whose license has been revoked or
suspended by the Commission.

“(c) Such an appeal shall he taken by filing a Notice of Ap¬
peal with the appropriate court within thirty days after the entry
of the order complained of. Such Notice of Appeal shall contain
a concise statement of the nature of the proceedings as to which
appeal is taken ; a concise statement of the reasons on which the
appellant intends to rely, separately stated and numbered; and
proof of service of a true copy of said notice and statement upon
the Commission. Upon the filing of such notice, the court shall
have exclusive jurisdiction of the proceeding and of the questions
determined therein and shall have power, by order directed to
the Commission or any other party to the appeal, to grant such
temporary relief as it may deem just and proper. Orders granting
temporary relief may be either affirmative or negative in their
scope and application and may be such as to permit either the
maintenance of the status quo in the matter in which the appeal
is taken or the restitution of a position or status terminated or
adversely affected by the order appealed from and shall, unless
otherwise ordered by the court, be effective pending hearing and
determination of said appeal and compliance by the Commission
with the final judgment of the court rendered in said appeal.

“(d) Upon the filing of any such Notice of Appeal, the Com¬
mission shall, not later than five days after date of service upon it,
notify each person shown by the records of the Commission to be
interested in said appeal of the filing and pendency of the same
and shall thereafter permit any such person to inspect and make
copies of said notice and statement of reasons therefor at the office
of the Commission in the City of Washington. Within thirty
days after the filing of an appeal, the Commission shall file with
the court a copy of the order complained of, a full statement in
writing of the facts and grounds relied upon by it in support of
the order involved upon said appeal, and the originals or certified
copies of all papers and evidence presented to and considered by
it in entering said order.

“(e) Within thirty days after the filing of an appeal any inter¬
ested person may intervene and participate in the proceedings had
upon said appeal by filing with the court a Notice of Intention to
Intervene and a verified statement showing the nature of the
interest of such party, together with proof of service of true copies
of said Notice and statement, both upon appellant and upon the
Commission. Any person who would be aggrieved or whose inter¬
ests would be adversely affected by a reversal or modification of
the order of the Commission complained of shall be considered an
interested party.

“(f) The record upon which any such appeal shall be heard and
determined by the court shall contain such information and ma¬
terial and shall be prepared within such time and in such manner
as the court may by rule prescribe.

“(g) At the earliest convenient time the court shall hear and
determine the appeal upon the record before it and shall have
power upon such record to enter judgment affirming or reversing
the order of the Commission. As to the findings, conclusions and
decisions of the Commission, the court shall consider and decide
so far as necessary to its decision and where raised by the parties,
all relevant questions of (1) constitutional right, power, privilege,
or immunity; (2) the statutory authority or jurisdiction of the
Commission; (3) the lawfulness and adequacy of the Commission
procedure; (4) findings, inferences, or conclusions of fact unsup-

ported, upon the whole record, by substantial evidence; and (S)
administrative action otherwise arbitrary or capricious.

“(h) In the event that the court shall render a decision and
enter an order reversing the order of the Commission, it shall re¬
mand the case to the Commission to carry out the judgment of
the court and it shall be the duty of the Commission, in the absence
of proceedings to review such judgment, to forthwith give effect
thereto, and unless otherwise ordered by the court, to do so upon
the basis of the proceedings already had and the record upon which
said appeal was heard and determined. The court’s judgment shall
be final, subject, however, to review by the Supreme Court of the
United States upon writ of certiorari on petition therefor under
Section 240 of the Judicial Code, as amended, by appellant, by
the Commission, or by any interested party intervening in the
appeal.

“(i) The Court may, in its discretion, enter judgment for costs
in favor of or against an appellant, or other interested parties inter¬
vening in said appeal, but not against the Commission, depending
upon the nature of the issues involved upon said appeal and the
outcome thereof.”

Sec. l.U Amend section 405 of said Title IV by striking out the
whole thereof and by inserting in lieu thereof the following;

“Sec. 405. .'Mter a decision, order, or requirement has been
made by the Commission or any division thereof in any proceed¬
ing, any party thereto or any other person aggrieved or whose in¬
terests are adversely affected thereby may petition for rehearing.
When the decision, order, or requirement has been made by the
whole Commission, the petition for rehearing shall be directed to
the whole Commission; when the decision, order, or requirement
is made by a division of the Commission, the petition for rehear¬
ing shall be directed to that division; petitions directed to the
whole Commission requesting a rehearing in any matter determined
by a division thereof shall not be permitted or considered. Peti¬
tions for rehearing must be filed within thirty days from the
entry of any decision, order or requirement complained of and
except for those cases in which the decision, order or requirement
challenged is necessary for the maintenance or conduct of an
existing service, the filing of such a petition shall automatically stay
the effective date thereof until after decision on said petition. The
filing of a petition for rehearing shall not be a condition precedent
to judicial review of any such decision, order or requirement, ex¬
cept where the party seeking such review was not a party to the
proceedings before the Commission resulting in such decision, order
or requirement, or where the party seeking such review relies on
questions of fact or law upon which the Commission has been
afforded no opportunity to pass. Rehearings shall be governed by
such general rules as the Commission may establish. The time
within which an appeal must be taken under Section 402 (b)
hereof shall be computed from the date upon which the Commis¬
sion enters its order disposing of all petitions for rehearing filed
in any case, but any decision, order, or requirement made after
such rehearing reversing, changing, or modifying the original de¬
termination shall be subject to the same provisions as an original
order.”

Sec. 14. Amend paragraph (a) of section 409 of said Title IV
by striking out the whole of said paragraph and by inserting in
lieu thereof the following;

“(a) In all cases where a hearing is required by the provisions
of this Act, or by other applicable provisions of law, such hearing
shall be a full and fair hearing. Hearings may be conducted
by the Commission or a division thereof having jurisdiction of
the subject matter or by any member or any qualified employee
of the Commission when duly designated for such purpose. The
person or persons conducting any such hearing may sign and issue
subpoenas, administer oaths, examine witnesses, and receive evi¬
dence at any place in the United States designated by the Com¬
mission. In all cases, whether heard by a quorum of the Com.-
mission or a divi.sion thereof, or by any member or qualified
employee of the Commission, the person or persons conducting
such hearing shall prepare and file an intermediate report setting
out in detail and with particularity all basic or evidentiarv
facts developed by the evidence as well as conclusions of fact and
of law upon each issue submitted for hearing. In all cases the
Commission, or the division having jurisdiction thereof, shall,
upon request of any party to the proceeding, hear oral argument
on said intermediate report or upon such other and further issues
as may be specified by the Commission or the division and such
oral argument shall precede the entry of any final decision, order
or requirement. Any final decision, order or requirement shall be

accompanied by a full statement in writing of all the relevant
facts as well as conclusions of law upon those facts.”

Sec. 15. .Add to said Title I\' the following new section;

“Section 417. Penalties, denials, prohibitions and conditions other
than those expressly authori.^ed by statute shall not be exacted,
enforced or demanded by the Commission in the exercise of its
licensing function or otherwise and no sanctions not authorized
by statute shall be imposed by the Commission upon any person.
Rights, privileges, benefits or licenses authorized by law shall not
be denied or withheld in whole or in part where adequate right
or entitlement thereto is shown. The effective date of the imposi¬
tion of sanctions or withdrawal of benefits or licenses shall, so
far as deemed practicable, be deferred for such reasonable time
as will permit the persons affected to adjust their affairs to
accord with such action or to seek administrative reconsideration
or judicial review.”

Newspaper Hearings

FCC hearings on Order No. 79, concerning newspaper ownership
of radio stations, were resumed Wednesday, when de Quincy V.
Sutton of the Commission staff concluded his testimony covering
numerous tabulations prepared by the Commission. He was fol¬
lowed on the stand by Dr. L. G. H. Weld, Director of Research
for McCann-Erickson, New V^ork, who explained his Radio Adver¬
tising Index and other advertising indices, and the sources of
his material.

On Thursday, the morning session was taken up by the testi¬
mony of State Senator Means of South Carolina, and John M.
Rivers. President of WCSC. Charleston, S. C., concerning the effect
on WCSC of the ownership of W'TMA by the Evening Post
Publishing Co., publishers of the Evening Post and the News and
Courier of Charleston. Hall T. McGee and Arthur E. Bradham,
of the Evening Post Publishing Co., testified as to the joint opera¬
tion of the newspapers and the radio station, stating that the
newspapers were seeking to publicize the station in the com¬
munity. On the point of failure to publish the program log of
WCSC, Mr. McGee stated that it had been decided to publish the
log as news when Senator Means made a speech in Columbia,
S. C., that caused deferment of the action decided upon.

John Shepard, HI, President of F-M Broadcasters, Inc., read
a statement he had prepared, and which had the approval of the
FMBI board, urging the Commission to give a prompt decision on
pending F-M applications as the development of frequency modu¬
lation has without question, he said, been retarded by the issuance
of Order No. 79.

John R. Latham, Executive Vice-President of The .American
Network, Inc., organized to provide F-M network program serv¬
ice, closed the Thursday session. He urged the elimination of
F-M stations from Order No. 79, and that the Commission make
a definite announcement that it will not attempt to make rules
and regulations which would have the effect of preventing news¬
papers or newspaper interests from owning and operating F-M
stations, thereby enabling The .American Network to complete its
organization and make high quality programs available to the
F-M station associated with the network.

The hearings will continue today, when it is expected they
will be recessed until mid-September.

Mr. Shepard’s statement follows;

My name is John Shepard, 3rd. I reside at Brookline, Massa¬
chusetts. I am the President of FM Broadcasters, Inc., at present
composed of 51 memberships held by 44 different persons or or¬
ganizations. .At the time the resolution, which has been intro¬
duced, was passed there w'ere 42 members of the Association.
The objects of the .Association are set forth in the Certificate of
Incorporation.

.Among the 44 members of the Association at present there are
14 thrrt have a newspaper connection or affiliation. Of the approxi¬
mately 110 applications for commercial operation in the FM field
which have been filed and either acted upon or are pending action

August 1, 1941 — 649

by the Commission, 38 are to the best of my knowledge con¬
nected or affiliated with newspapers.

Since the Association is devoted to the cause of development
in the field of frequency modulation, it was directed that I appear
before the Commission and present the views of our Association
with respect to the Commission’s Order 79 and the effect which
we deemed it would have on the development of frequency
modulation and the effect which would result from a determina¬
tion that newspapers could not properly own FM radio stations.

We are all agreed, I believe, that FM should be encouraged.
This Association is bending its every effort toward the develop¬
ment of F’M. The Commission has expressed its desire that
FM develop rapidly and firmly and it is indeed the sense of
Congress, as expressed in the Communications Act of 1934, that
new uses of radio in the public interest be encouraged.

For any new industry to develop, there are three primarily
essential elements: the necessity for it, the method of doing it,
and the means to do it with. Necessity has brought about the
invention by Major Armstrong of frequency modulation and the
efforts and expenditures of m.oney by him and others have
developed the method by which the necessity can be met so
that now we have entered the time when the means for develop¬
ing frequency modulation in the public interest is the only re¬
maining essential element to be met.

Every entry into the FM field today contributes to its develop¬
ment and is a pioneer in the sense that immediate profits cannot
be looked for and every source of capital is needed to help this
development. Every source of nourishment withheld from a new
industry is as bad as spending that much capital to halt its
growth. In addition the withholding of any capital fails to
encourage other capital to enter the field.

Idle frequencies cannot render a service to the public, nor
can they help a new industry to develop. There will be fewer
idle frequencies if all people who are qualified under the Com¬
munications Act and who are willing to develop these frequencies
are allowed to do so. By the term, “qualified” we mean American
citizens with the technical and financial ability to develop these
frequencies and render a real service to the potential listening
public. I say, “potential listening public” because it is only in
those areas where service is being rendered that people are
buying sets to any great extent and many of these sets are being
bought on the faith of the purchaser that there w'ill be adequate
service. So long as a listener gets good service I do not believe
he cares whether the licensee has other industrial or business
connections as long as he is legally, financially and technically
qualified under the law and is giving a good program service.

We must recognize that with all the encouragement it can
get FM still has a “hard row to hoe.” Every new station which
goes on the air is adding competition and every denial lessens
competition.

It should be borne in mind, because of the short license period
of one year, it is necessary that this new development be financed
by those who have an established business to provide the necessary
capital.

May I at this time urge the Commission to give a prompt
decision on this matter as the development of frequency modula¬
tion has without question been retarded by the issuance of Order
Number 79.

BMI FEATURE TUNES
August 4 - August 11

1. I WENT OUT OF MY WAY

2. WASN’T IT YOU

3. ALL ALONE AND LONELY

4. HI, NEIGHBOR

5. YO TE AMO, OH BABY

6. MY SISTER AND I

7. BECAUSE OF YOU

8. THE RELUCTANT DRAGON

In preparation: A rhythm novelty, Delilah.

BMI NOTES

Sing America First

Organization during the past w'eek of ACES (American Com¬
posers, Entertainers and Songw'riters) is in keeping with the grow¬
ing trend to democratize music. There is no doubt that hillbilly
ballads have come into greater favor with the public as a result
of BMFs open door to music. They form one of the few classifi¬
cations of music which our country can claim as its very own, and
as such, every effort should be made to popularize them and see
that their writers are properly compensated.

Many of these writers are entertainers, but a steady income from
the royalties on performances of their music helps to bridge the
gap between engagements, and if they produce songs of lasting
appeal, a system of performance payments provides lasting income.

Hillbilly tunes are associated with the happiest times in American
life — barbecues, scenes around the campfires, maple syrup parties —
hayrides. Most of them are sad and cling to themes that are born
of loneliness. Now and then a bright one emerges. Of such is
You Are My Sunshine, which, we predict, will be the first hillbilly
tune to make the Hit Parade. It ranks number ten this week in
national sheet music best sellers and in the mid-west has climbed
to number eight.

Bonds and Music

Phil Kornheiser, now at BMI after twenty years experience as
General Manager of Leo Feist, played a prominent part in the
recruiting drives and in the sale of Liberty Bonds during the first
World War. He was the first to mount pianos on army trucks and
persuade songwriters to entertain street crowds with the perform¬
ance of their new tunes. His most enthusiastic assistant was the
late Will Rogers, who could sell more bonds than any ten security
salesmen. When there was a lull in the purchases, Will would pick
out someone in the crowd and match him to see who bought the
next bond. Others who participated in the Kornheiser song parade
were Eddy Cantor, Earl Carrol and Arthur Fields. Songs popular¬
ized in this way included. Good Bye, Broadway, Hello, France,
and Where Do We Go From Here, Boys.

War Tunes

The war clouds have yet to produce an outstanding song. The
best so far is Til Reveille by Bobby Worth and Stanley Cowan,
and Good Bye, Dear, I’ll Be Back in a Year, is beginning to show
in the leaders. Everyone is trying hard and scarcely a day goes
by at BMI when the editors do not examine a score of patriotic
tunes.

The “V” campaign has inspired V — For Victory by Peter Van
Steeden and Art McKay. The lyrics follow:

Verse: “Three dots and a dash spell ‘V’

A dash and three dots spell ‘B’,

The ‘B’ for the bonds that means defense.

The ‘V’ is for victory, so let’s commence.

Chorus: Sing V FOR VICTORY.

For democracy will win.

So let everyone begin singing

V FOR VICTORY.

else your dollars and your sense,

Buying for our defense.

In the lowlands, in the highlands,

In the valiant British islands.

In the U. S. A. from day to day

We can see that where love of freedom rings,

V stands for Victory.

In Poland’s plains, in ancient Greece,

In Norway’s hills, there is no peace.

But they’re all showing the hostile horde
That ‘V’ is mightier than the sword.

— Copyright 1941 by Broadcast Music, Inc.

650 — August 1, 1941

New BMI Publishers

Signing of contracts with publishers continues to be an almost
daily occurrence at BMI as the music of new houses, large and
small, is made available to subscribers. Following the completion
this week of contracts, performance, broadcasting and television
rights to BMI licensees are granted in the music of L, H. Buckley;
Jim Cornelius; Hollywood Hit Publishers; Musico; and Charles
Rinker Music Publishing Company.

Forty-five new BMI Arrangements of public domain music
have been added to the ever-growing BMI catalogue and include
Kenn Sisson’s arrangement of Charles B. Ward’s The Band Played
On. Also made available is the BMI Choral Edition featuring male
quartet arrangements of thirty-nine BMI popular tunes.

Mother Writes — Father Publishes

One of BMPs latest offerings, A MothePs Ltdlaby, with lyrics by
Ann Garrett Penn of Danville, Virginia, and music by Arthur Nor¬
ris, will be featured at the National Tobacco Festival in South
Boston, Virginia, and broadcast from there on September Sth.
The song has been published by Richard T, Penn, husband of the
lyricist, and dedicated to their son, George Rucker Penn, H. It
was written during a visit to the Penn home in Danville by Mr.
and Mrs. Arthur Norris. Mrs. Norris sings under the name of
Lola Galli, and is the sister of Marie Gambarelli.

The words follow;

“An angel’s lips from the blue above.

Brushed your blue eyes to sleep with her love ;

What tender dreams did God unfold.

In your little head of downy gold.

Rest sweet, my baby, in heavenly peace.

And pray God, my dear, that your dreams shall not cease.

For your tiny eyes reveal from within.

His love for mankind and should ne’er grow dim.

The world should stop where you’ve begun.

With love and hate the same, dear, as one;

Your dreams are sunshine out of the sky,

So sleep well, my little one, where you lie.”

— Copyright, 1941, Richard T. Penn.

Mr. Penn has addressed a card to the Program Directors of 647
radio stations carrying the picture of their little son. On it he
writes;

“Just a word about the song that has been acclaimed so lovely —

“ ‘A Mother’s Lullaby’ was written by a mother, the mother of
the baby whose picture you see on the card (our baby boy). Its
beautiful melody was composed and dedicated to him by Arthur
Norris, our friend. And though, neither his mother nor myself
are in the music business, it is with pleasure that we cooperate
with BMI in sending you a copy of our song and we hope that
you and your radio audience will enjoy ‘A Mother’s Lullaby’

“I Guess I’ll Have to Dream the Rest”

The increasing popularity of I Guess I’ll Have To Dream The
Rest reveals another talent of Martin Block, nationally famous
as the producer of Make Believe Ballroom. Although the song
does not mark Block’s first venture into Tin Pan Alley, it is his
first hit. It was written by Block in collaboration with Mickey
Stoner and Harold Green.

Originally introduced by Glenn Miller, I Guess I’ll Have To
Dream The Rest has been recorded by Miller, by Tommy Dorsey
and Bobby Byrne. It is a favorite in the music machines through¬
out the country.

Block started off in the business world as office boy to Owen D.
Young and remained with Mr. Young for almost three years.
Thereafter he began a roving career and his jobs, never lasting
more than three months, included that of clothing salesman, drug¬
store clerk, cloak and suiter and magazine solicitor. In the 1920’s,
Block decided to become a radio announcer. New York stations
weren’t receptive and he went to California where he worked as
announcer for a group of some twenty stations. In 1935, he re¬
turned to New York and persuaded WNEW to schedule the

Make Believe Ballroom program. Today his show, broadcast
twice a day, is one of the Metropolitan area’s most popular
attractions.

Intriguing

Delilah, a new bounce tune by Henry Manners and Jimmy
Shirk which has everybody bouncing at BMI, will be introduced
next Monday night, August 4th, by Guy Lombardo. Strangely
enough, it is the first tune carrying the name of an American girl
since the craze set in for Latin-American music. We have had
Maria Elena, now it’s Delilah.

Cole Carries On

Maury Cole, head of M. M, Cole Company, is in New York to
supervise his company’s exhibit at the Annual Convention of the
National Association of Music Merchants at the Hotel New
Yorker. To satisfy current demand for new music, Mr. Cole has
acquired the catalogues of P. C. Brockman, containing many
familiar tunes, most of which are on records. He is now engaged
in clearing this music for broadcasting.

“Popularity of radio singers with the public”, Mr. Cole said,
“is creating a demand for albums of their best known numbers”.

Two biggest Cole songs remain Mexicali Rose and / Only Want
A Buddy Not A Sweetheart, with the new tune. Foolish, winning
favor rapidly.

Weddings

Following a long period of inactivity, romance has reared its
roguish head at BMI. It may not be necessary to be in love to
write love songs and to write about love songs, but apparently it
helps. And apparently all of the contact with radio talent has
not been left to the Contact Men’s Union.

Alex Kramer, composer of So You’re the One, It All Comes
Back To Me Now, High On A Windy Hill and My Sister And I,
is about to be married to Sally Jo Nelson. The exact date of the
wedding has not been set, but according to Miss Nelson, “it will
be sometime this year”. A native of McKeesport, Pennsylvania,
Sally Jo Nelson has won fame as a contralto singer of rhythm
and ballad numbers on major network programs. She plans to
continue her career after marriage.

.Alan M. Fishburn, Editor of Continuity for BMI since Sep¬
tember, 1940, will be married in October, according to present
plans, to Geraldine Kay, stage and radio actress, now playing a
leading part in “Orphans of Divorce” on the NBC Blue Network,
and recently heard in “Second Husband” and “Manhattan at
Midnight”. Prior to her radio appearances. Miss Kay played
with Leslie How'ard in “Escape” and with Nazimova in “The
Good Earth”.

Mr. Fishburn is leaving BMI to become associated with NBC
in Chicago as a program director and producer. He directed
“Your Family and Mine” for Sealtest, Inc., over NBC and CBS
networks in 1938 and 1939. In the legitimate field, he staged the
.American premier of T. S. Eliot’s “Murder in the Cathedral”,
and Auden & Isherwood’s “The Ascent of F-6” in 1936 and 1937
respectively. He wrote “Let’s Go To Work” for WOR in 1940.

Alexander the Swoose

Alexander Sw'oose, that strange little animal of aquatic parentage,
is finally available to all BMI subscribers. The song, popularized
by Kay Kyser and others, has been licensed directly up to the
present time, but now comes to BMI through the Mann Music
Company.

Master Swoose is the most likeable comical character invented
since Mickey Mouse and there have been reports that his ad¬
ventures will be recorded in celluloid.

KROC Comments

From Cal Smith, Music Director of KROC, Rochester, Minne¬
sota;

“You might be interested in this reaction to BMI music that I
received last week when I attended a stage performance by Paul

August 1, 1941 — 651

Whiteman and his orchestra at the Orpheum Theatre in Minne¬
apolis.

“Naturally, the Whiteman theme. Rhapsody In Blue, received
some applause, but as the show progressed and current BMI tunes
were played, the audience showed their appreciation by applaud¬
ing loudly. ASC.4P favorites received little and sometimes no
applause. It was interesting to me to have this audience reaction
to BMI. because we're 100% BMI here at KROC. Hove noticed,
too, that local bands broadcasting over this station more and
more are getting requests to play and play again BMI owned or
controlled tunes. Out hats are off to BMI and all it stands for!”

Sales

Shapiro & Schoenbrod Explain

The Shapiro & Schoenbrod .4gency of Chicago solicited per-
inquiry deals on behalf of Monarch Cameras and listed 18 stations
as “among the many now successfully merchandising” the product.
As, previously reported here, investigation showed that these sta¬
tions received the Monarch business from a different agency,
and at full rates. Because of the widespread misunderstanding
created, we publish the Shapiro & Schoenbrod reply to the N.4B :

“. . . .4s to any false impressions I sincerely wish to say that
there was no ulterior motive in listing 18 radio stations. . .
In doing so we made no representations that Shapiro & Schoen¬
brod had bought time with all these stations nor had we inferred
or wished to infer that these stations were on a per inquiry
basis. Persons active in radio hnow that most of these stations
listed would not accept an account under these terms. . . .

‘‘Please believe us when we say that we are in complete accord
with the policies of the N.4B. However, it was the opinion of
our client that there were certain types of stations during the
summer whose listening audience did not merit any consistent
expenditures and who nevertheless possessed markets worth con-
sifleration. It was the desire of our client to test these markets
in as conservative a fashion as possible. Consequently we took
the action of which you have knowledge, offering a per inquiry
deal to several stations expecting that those who were interested
would so advise us and the rest would merely ignore our solicita¬
tion. ,4ny letters that we sent out were forwarded as of July 14,
1941. No more have been sent out and we do not intend to
forward any more.

“It is indeed regrettable that misunderstandings have arisen,
'and in the future we shall endeavor to avoid any such occurrences.
In closing may I say that any cooperation that you desire from
Shapiro & Schoenbrod will be gladly extended.”

Labor

Cost of Living

The Labor Department reports that the cost of living for wage
earners and lower salaried workers increased ,L4 per cent during
the three months ended June LS. The cost of living June 15 was
6 per cent higher than it was when the European war broke out.

'I'he department’s index on June IS stood at 104.6. In this index,
100 represents the average cost of living in 1955-39.

New A. F. of M. Agreements

The networks have made new contracts with the .4merican
Federation of Musicians, covering musicians employed in New
York City. They provide for employment of 130 staff musicians
by NBC and half that number by CBS. The regular weekly rate
for 25 hours of commercial or sustaining and commercial work is
.'5150.

652 — August 1, 1941

Wage and Hour Act

Tyaveling lime. There have been a great many questions about
how to calculate hours worked in the case of announcers and
engineers traveling for remotes. Here is the way it works:

If an employee is sent out for a single day, returning the same
day, his working time is calculated from the time he leaves the
studio until he returns to the studio, lunch hour excepted.

If an employee is sent out for more than one day, he is each
day to be paid for his usual working day, provided he does not
actually work longer than his usual time in any of his days out of
town.

The Wage and Hour Division now holds that there is nothing
in the .4ct to prevent an employer from paying an employee a
lesser hourly rate for traveling time than he pays for regular time.
For instance, an announcer who regularly receives $40 for a 40
hour week (,'(;i an hour) could be paid 30 cents an hour for time
spent in traveling. His rate for overtime purposes then would be
determined by dividing his total compensation by his total hours
worked. Whether the institution of such a plan would be good
personnel policy, however, is another question.

Any broadcaster having any questions about this matter should
address the N.4B Labor Relations Director.

New Union

.4 new union entered the broadcasting picture recently when
NBC and CBS signed contracts with the I.A.T.S.E, (stage hands,
movie operators, movie cameramen, etc.) covering certain television
employees.

National Defense

First Reports Arrive

First two July National Defense Broadcast Reports to be
received by NAB came from: George E. Joy, manager, WRAK,
Williamsport, Pa., and Gerald J. Morey, manager, WNLC, New
London, Conn. They arrived in the same mail Thursday morn¬
ing. Next mail two hours later brought reports from Lester
Spencer, program manager, WHIG, Dayton, Ohio; Simon Gold¬
man, manager, WJTN, Jamestown, N. Y.; WBRK, Pittsfield,
Mass., and W. A. Wilson, manager, WOPI, Bristol, Tenn.

As soon as other station executives have had sufficient time
to forward reports the industry will have an outstanding story to
tell. It is hoped to receive reports from all LL S. stations.

Keep ’em Flying

Seven hundred and fifty (750) stations have signified their
longtime cooperation in the “Keep ’em Flying” campaign in
behalf of the Army. Previously unreported cooperating stations
are:

KDTH — Dubuque, Iowa

KIDW — Lamar, Colo.

KODL — The Dalles, Ore.

KGRM — Greenwood, Miss.

WHAZ— Troy, N, Y.

WILM — Wilmington, Del.

Kay Pyle, general manager, KFBI, Wichita, has a new station
break announcement given at least once each hour. It is:

“KF'BI. the .4ir Capital of the Lfnited
States, Wichita, Kansas. Keep ’em Flying.”

Aluminum Campaign

WSUN, St. Petersburg, Fla., did its part in the aluminum
recovery drive. Besides carrying a heavy schedule of announce-

merits, the station oifered the use of its mobile unit to aid in
the house-to-house campaign. WSUN announcers who volun¬
teered their services collected a variety of articles which ranged
from permanent waving machines to stoves.

To launch the aluminum campaign in Los Angeles, station
KRKD arranged a broadcast from the steps of the Los Angeles
City Hall. After Mayor Fletcher Bowron officially declared the
aluminum drive open a group of Girl Scouts each deposited a
piece of scrap aluminum in a huge bin, thereby making natural
sound effects for KRKD’s microphone. Other speakers on the show
were Lucille Ball, Ann Shirley, Helen Gahagan, Sol Lesser and
various civic leaders. George Hjelte, director of the Los Angeles
City Playground and Recreation Department, was chairman of
the Los Angeles Aluminum Drive.

New ND Sustainers

WRVA, Richmond, is presenting a weekly series of national
defense dramatizations from the studio. This, wrote Walter R.
Bishop, director of public relations, is in addition to your spot
announcements.

KROD, El Paso, Texas, has a new show, “Calling All Men,”
each Monday, Wednesday and Friday for the exclusive purpose
of publicizing various ND releases. Shows are each a quarter
hour, wrote William Jolesch, director of publicity, “and we
believe that much benefit will result in the El Paso-Southwest
listening area.”

Muzak License

In connection with Neville Miller’s statement (N.4B Reports,
p. 595) about the license granted by the FCC to the Muzak
Corporation, Muzak says:

“Muzak will not use radio as a means of transmitting its
musical program to restaurants and hotels. This is a special
tervice and will be continued as such over telephone lines. The
air will be used solely for transmitting programs to the general
public. Such a service is not possible over telephone lines at costs
low enough to enable the public to obtain the service.

“It has never been our thought that the program service which
we will give the public will serve as a substitute for the fine
programs furnished the public by advertising sponsors. Our
program will be so to speak a standby service always available
to those who are not interested in the sponsored programs avail¬
able from time to time. In fact we shall probably remind our
subscribers from time to time or call their attention to radio
programs of special interest. Likewise our news service will be
supplemental to other news broadcasts, merely keeping our sub¬
scribers informed of the most recent news.”

FEDERAL COMMUNSCATIONS
COMMISSION

Noncommercial FM for Chicago

The Chicago Board of Education was granted a construction per¬
mit for a new noncommercial educational broadcast station to serve
the elementary, high school, junior college, and adult educational
classes in that city’s public school system. The station, which will
use FM (frequency modulation) emission, is authorized to operate
on 42,500 kilocycles with power of 1000 watts.

The Board of Education which now broadcasts approximately
25 programs each week over local standard broadcast stations,
proposes to use the noncommercial service to transmit scholastic
programs during school hours, and for perhaps one hour in the
evening on five days a week. Subjects will embrace music, art,
science, literature, news, social studies, safety, national defense,
and Pan Americanism. The board has appropriated $10,750 for
this purpose. The transmitter will be at 228 North LaSalle Street.

This is the seventh station of its kind which the Commission
has authorized to date.

FM Towers

The FCC made the following statement concerning the location
of antennas for high frequency (FM) broadcast stations on tower
radiators of standard broadcast stations:

The purpose of the following is to clarify the Commission’s
requirements regarding the common location of antennas for high
frequency (FM) broadcast stations with those of standard broad¬
cast station.’-

The Commission will consider an application for authority to
install the high frequency antenna in accordance with the prin¬
ciples set forth in the rules and standards for high frequency
broadcast stations independently of the operating and economic
advantages which obtain through common location of two stations.
If the site and antenna system comply with the Commission’s
rules certain additional requirements must be met in order to
insure that the operation of the standard broadcast station is
not adversely affected.

In the instance where the standard broadcast station involved
employs a non-directional antenna the licensee will be required
to file FCC Form No. 306 giving new resistance measurements
after the installation and testing of the high frequency broad¬
cast antenna. During the installation of the antenna and until
the new resistance determination is approved, the licensee should
apply for authority to operate the station by the indirect method
of power determination (informal application). Applications for
license for the associated high frequency broadcast station will
not be considered until Form 306 is filed for the standard
broadcast station.

When it is proposed to install a high frequency antenna on one
flement of a standard broadcast directional antenna, it will be
necessary to file application for modification of construction permit
for the standard broadcast station with the application for
construction permit for the high frequency broadcast station.
The granting of the modification for the standard station will,
of course, be contingent upon the granting of the construction
permit for the high frequency broadcast station. FCC Form
No. 304 should include a complete engineering study setting forth
fully the effect of the high frequency antenna upon the operation
of the standard broadcast antenna system. Depending on the
individual case the Commission may require certain field measure¬
ments on the standard broadcast station following the installation
of the high frequency (FM) antenna system. The application
for license to cover the construction permit for the FM station
will not be considered until the licensee has made a satisfactory
showing with Form 302 that the installation of the FM antenna
has not adversely affected the operation of the standard broadcast
station.

The installation of the high frequency antennas on towers of
standard broadcast stations may require certain additional lighting.
The applicant should supply complete information showing the
mechanical details thereof so that the additional hazard to air
navigation may be evaluated together with the additional lighting
which may be required.

From the FCC Mail Bag

A certain West Coast amateur sent the Federal Communications
Commission a routine application for modification of license to
permit change of address. Not realizing that the Commission’s
routine functioning has to be subordinated to more important
duties in connection with the national defense, this amateur
became impatient that he did not receive instant action and sent
a follow-up “letter” transcribed on a phonograph record. After
the necessity of playing it to see what it was all about, the Com¬
mission attached the disk to the “ham’s” application papers.

A certain broadcast station asks whether its customary use of
the Morse Code “V” before and after news broadcasts is com¬
plicated by the fact that this symbol has become a victory signal
by Great Britain in her war efforts. The Commission has no
reason to believe that continued use of this symbol by the station
in question violates any law or is contrary to the public interest.

“Has a person who has been convicted of a felony and has
served the prison sentence imposed the right to make application

^ See Section 3.45 (e) of the Rules Governing Standard and High Frequency
Broadcast Stations and Section 19 of the Standards of Good Engineering Practice
Concerning Standard Broadcast Stations.

August 1, 1941 — 653

for a radio operator’s license?” a Californian asks. The Com¬
mission replies:

‘‘Section 303(1) of the Communications Act of 1934, as amended,
provides that the Commission shall ‘have authority to prescribe
the qualifications of station operators, to classify them according
to the duties to be performed, to fix the forms of such licenses,
and to issue them to such citizens of the United States as the Com¬
mission finds qualified.’ The Act does not specifically prohibit
the issuance of a radio operator’s license to one convicted of a
felony, unless, of course, loss of the individual’s United States
citizenship resulted from such conviction. The duty of determin¬
ing the qualifications of any applicant for an operator’s license is,
however, imposed upon the Commission, and in the fulfillment
of that duty all of the facts concerning any particular application
must be weighed. In any event, there is no statutory bar to the
filing of an application for license by such person.”

Add radio program suggestions which the Commission itself
cannot consider, though advising the parties to write to stations
or networks direct:

Suggestion by a Salisbury, Md., resident that newspapers and
radio stations be restricted in the publishing of vivid accounts
of airplane disasters.

Suggestion by an Atlanta listener than an announcement be made
before and after each newscast originating abroad that such broad¬
cast has been censored.

A representative of a certain labor union writes the Commission:

‘‘I wish to congratulate the Federal Communications Commission
on the statement made in the last paragraph of your notice dated
July 15, 1941, and addressed to Shipowners, Ship Masters, Radio¬
telegraph Operators, and others concerned, in which you make it
clear that the suspension of the Six Months Law for marine Radio
Officers does not mean that inexperienced men should be employed
when experienced men are available. That is a very fine statement
and you deserve credit for making it public, and I thank you
for it.”

FCC Assignments

The FCC announces that the work, business and functions of
the Commission for the month of .'\ugust have been assigned as
follows:

Commissioner Walker: Designated to determine, order, report

or otherwise act upon all applications
or requests for special temporary stand¬
ard broadcast authorizations.

Same: Designated to hear and determine, or¬

der, certify, report or otherwise act
upon: (a) except as otherwise ordered
by the Commission, all motions, peti¬
tions or matters in cases designated for
formal hearings, including ail motions
for further hearing, excepting motions
and petitions requesting final disposi¬
tion of a case on its merits, those hav¬
ing the nature of an appeal to the
Commission and those requesting change
or modification of a final order made
by the Commission; provided, however,
that such matters shall be handled in
accordance with the provisions of Sec¬
tions 1.251 and 1.256, inclusive, of the
Commission’s Rules of Practice and
Procedure; (b) the designation pur¬
suant to the provisions of Sections
1,231 to 1.232 of the Commission’s
Rules of Practice and Procedure of offi¬
cers, other than Commissioners, to pre¬
side at hearings.

FEDERAL COMMUNICATIONS
COMMISSION DOCKET

Following broadcast hearings are scheduled to be held before
the Commission during the week beginning Monday, August 4.
They are subject to change.

654 — August 1, 1941

Tuesday, August 5

KFNF — KFNF, Incorporated, Shenandoah, Iowa. — Renewal of
license, 920 kc., 500 watts night, 1 KW day, S-KUSD.

NEW — Triple-Cities Broadcasting Co., Inc., Binghamton, N. Y. —
C. P., 1420 kc., 250 watts, unlimited time.

Wednesday, August 6

KGLU — Gila Broadcasting Co., Safford, Ariz. — Renewal of license,
1450 kc., 250 watts, unlimited time.

Thursday, August 7

WBT — Columbia Broadcasting System, Inc., Charlotte, N. C. —
C. P., 1110 kc., SO KW, unlimited time, DA-night. Present
assignment: 1110 kc., 50 KW, unlimited time.

KFAB — KFAB Broadcasting Co., Lincoln, Nebr. — C. P., 1110 kc.,
50 KW, unlimited time, DA-night. Present assignment;
780 kc., 10 KW, simultaneously day, S-WBBM-N, S.A.
synchronized with WBBM-N — Exp.

WBBM — Columbia Broadcasting System, Inc., Chicago, Ill. —
Modification of license, 770 kc., 50 KW, unlimited time.
Present assignment: 780 kc., 50 KW, simultaneously day,
S-KFAB-N, S.A. synchronized with KFAB-N — Exp.

WJAG — The Norfolk Daily News, Norfolk, Nebr. — C. P., 770 kc.,
1 KW, daytime. Present assignment: 1090 kc., 1 KW,
limited to WBAL and WTIC.

FUTURE HEARINGS

During the past week the Commission has announced the fol¬
lowing future hearings in broadcast cases. They are subject to

change.

August 27

WIBG — Seaboard Radio Broadcasting Corp., Glenside, Pa. — Re¬
newal of license, 990 kc., 1 KW, daytime.

WRDO — WRDO, Incorporated, Augusta, Maine. — Renewal of
license, 1400 kc., 100 watts, unlimited time.

August 28

NEW — West Allis Broadcasting Co., West Allis, Wis. — C. P.,
1480 kc., 250 watts, daytime.

KMA — May Broadcasting Co., Shenandoah, Iowa. — Renewal of
license, 960 kc., 1 KW night, 5 KW day, unlimited time.

September 3

To Be Held in Atlanta, Georgia

WGST — Georgia School of Technology, Atlanta, Ga. — Renewal
of license (main and auxiliary), 920 kc., 1 KW night, 5
KW LS, unlimited time.

September 18

WMBR — Florida Broadcasting Co., Jacksonville, Fla. — C. P.,
1060 kc., 10 KW, unlimited time, DA-day and night. Present
assignment: 1400 kc., 250 watts, unlimited time.

September 22

WJPR — John R. Pepper, Greenville, Miss.— C. P., 1600 kc., 1
KW, unlimited time.

FEDERAL COMMUNICATIONS
COMMISSION ACTION

APPLICATIONS GRANTED

WFAM, Inc., LaFayette, Ind. — Granted construction permit for a
new station to operate on 1230 kc., 100 watts, unlimited
time. Exact transmitter site and antenna system to be de¬
termined subject to Commission’s approval. To use old
WFAM call letters (B4-P-3146).

Howard H. Wilson, Oshkosh, Wise— Granted construction permit
for new station to operate on 1490 kc., 2S0 watts, unlimited
time (B4-P-3110) .

Trent Broadcast Corp., Trenton, N. J.— Granted construction per¬
mit, conditioned upon certain interference precautions, for
a new station to operate on 930 kc., 1 KW power, unlimited
time, using directional antenna day and night (Bl-P-2861).

Board of Education, City of Chicago, Chicago, Ill.— Granted con¬
struction permit for new noncommercial educational broad¬
cast station to operate on 43500 kc.; emission: special for
frequency modulation, 1 KW power, unlimited time (B4-
PED-22).

KUTA— Utah Broadcasting Co., Salt Lake City, Utah— Granted
modification of construction permit (B5-P-2342) to increase
day power to S KW, make changes in equipment, changes in
directional antenna and move transmitter to North Lake St.
and Midland Ave. (9 miles north of main business district of
Salt Lake City), extend commencement date to 60 days after
grant and completion date to 180 days thereafter (Station
operates on 510 ks., 250 watts, unlimited time, with C. P. for
1 KW, unlimited time, DA night and day.) (BS-MP-1248) .

WAGA — Liberty Broadcasting Corp., Atlanta, Ga. — Granted con¬
struction permit to change frequency frorn 1480 to 590 k.;
increase power from 500 watts night, 1 KW day, to 5 KW
day and night; install new equipment and directional an¬
tenna for night use, and move transmitter to 4 miles north¬
west of Atlanta between Gun Club Road and Sweat Drive
(B3-P-2938).

KVOD— Colorado Radio Corp., Denver, Colo.— Granted construc¬
tion permit to install a new transmitter, increase power
from 1 to 5 KW, and make changes in directional antenna
for day and night use, same pattern day and night ; 630 kc.
(BS-P-2663).

KMYR — F. W. Meyer, Denver, Colo. — Granted modification of
license to increase night power from 100 to 250 watts; 1340
ke., 250 watts day, unlimited time (BS-ML-1074) .

WGES — Oak Leaves Broadcasting Station, Inc., Chicago, Ill. —
Granted modification of license to increase time of operation
to unlimited; 1390 kc., 500 watts night, 1 KW LS (Sun¬
days), C. P. for 5 KW unlimited time, (DA) (B4-ML-1082) .

KTKC — Tulare-Kings Counties Radio Associates, Visalia, Calif. —
Granted construction permit to change frequency from 930
to 940 kc., increase power from 1 to 5 KVV day and night,
make changes in directional antenna system for day and
night use and install new transmitter, upon condition that
applicant takes care of all blanketing complaints (B5-P-
3159).

KITE — First National Television, Inc., Kansas City, Mo. — Granted
renewal of license on a temporary basis for a period of 60
days; 1590 kc., 1 KW, unlimited time (B4-R-1019).

KWAL — Chester Howarth and Clarence Berger (Assignors), Silver
Broadcasting Company (Assignees), Wallace, Idaho —
Granted consent to assignment of license of station KWAL
from Chester Howarth and Clarence Berger, to Silver Broad¬
casting Co.; station operates on 1450 kc., 250 watts, un¬
limited time (BS-AL-308).

WHIP — Hammond-Calumet Broadcasting Co., Hammond, Ind. —
Granted renewal of license for station WHIP and construc¬
tion permit, subject to certain engineering requirements,
to change hours of operation from specified to unlimited, and
install directional antenna for both daytime and nighttime
use; 1530 kc., 5 KW power (B4-P-2399 — Docket 5863).

KGFI — Eagle Broadcasting Co., Inc., Brownsville, Texas — Granted
renewal of license for station KGFI upon a regular basis
for the period ending December 1, 1941, in lieu of the tem¬
porary license under which station is now operating. Sta¬
tion has now furnished the Commission satisfactory evi¬
dence of the fact that James G. Ulmer has been completely
eliminated from any connection whatsoever with the station
and will not in the future be associated or connected there¬
with.

WCAB — WCAU Broadcasting Co., Newton Square, Pa. — Granted
request to extend effective date of Sec. 4.45 of the Commis¬
sion’s Rules as it applies to WCAB to October 25, 1941
(This section requires all international stations to operate
with power of not less than 50 KW ; station WCAB now
uses 10 KW).

WCBX — Columbia Broadcasting System, Inc., near Wayne, N. J.
— Granted request to extend effective date of Sec. 4.45 of
the Commission’s Rules as it applies to WCBX to October
25, 1941 (This section requires all international stations to

operate with power of not less than 50 KW ; station WCBX
now uses 10 KW) .

RENEWAL OF LICENSES

The following stations were granted renewal of licenses on a

regular basis: KALE, Portland, Ore.; KGCX, Wolf Point, Mont.;

KGER, Long Beach, Cal.; WBBR, Brooklyn, N. Y.; WHAZ,

Troy, N. Y.j WHOM and auxiliary, Jersey City, N. J.; WLOL,

Minneapolis, Minn.

WORK — York Broadcasting Co., York, Pa. — Present license ex¬
tended upon a temporary basis only for the period August
1 to September 1, pending determination upon application
for renewal (B2-S-805).

WIRE — Indianapolis Broadcasting, Inc., Indianapolis, Ind. —
Present license extended upon a temporary basis only for
the period August 1 to September 1, pending determination
upon application for renewal (B4-S-494).

WIRE — Indianapolis Broadcasting, Inc., Indianapolis, Ind. —
Present license extended upon a temporary basis only for
the period August 1 to September 1, pending determination
upon application for renewal (B4-S-494).

KELA — Central Broadcasting Corp., Chehalis, Wash. — Present
license extended upon a temporary basis only, pending de¬
termination upon application for renewal of license, for the
period August 1 to October 1, 1941 (B3-S-949).

KCRC — Enid Radiophone Co., Enid, Okla. — Present license ex¬
tended upon a temporary basis only, pending determination
upon application for renewal of license, for the period
August 1 to October 1, 1941 (B3-S-465).

KSRO — Ernest L. Finley, Santa Rosa, Cal. — Present license ex¬
tended upon a temporary basis only, pending determination
upon application for renewal of license, for the period
August 1 to Ooctober 1, 1941 (BS-S-939).

WCNW — Arthur Faske, Brooklyn, N. Y. — Present license extended
upon a temporary basis only, for the period August 1 to
September 1, 1941, pending receipt and determination upon
application for renewal of license (Bl-S-216).

WKAT (Aux.) — A. Frank Katzentine, Miami Beach, Fla.- — Present
license extended upon a temporary basis only, for the period
August 1 to September 1, 1941, pending receipt of and de¬
termination upon application for renewal of license (B3-S-
947).

WWRL — Long Island Broadcasting Corp., Woodside (L. L), New
York — Present license extended upon a temporary basis only,
for the period August 1 to September 1, 1941, pending
receipt of and determination upon application for renewal
of license (Bl-S-271).

DESIGNATED FOR HEARING

Cuyahoga Valley Broadcasting Co., Cleveland, Ohio — Application
for new station to operate on 1300 kc., 1 KW, daytime
only (B2-P-1897).

Tidewater Broadcasting Co., Norfolk, Va. — Application for new
station to operate on frequency 1490 kc., 250 watts power,
unlimited time (B2-P-3127).

R. M. Wallace and G. E. Schnibben, d/b as Norfolk County
Broadcasting Co., Norfolk, Va. — .Application for new sta¬
tion to operate on 1490 kc., 250 watts, unlimited time.
Exact site to be determined subject to Commission’s ap¬
proval (B2-P-3209).

Portsmouth Radio Corp., Portsmouth, Va. — .Application for new
station to operate on 1490 kc., 250 watts, unlimited time
(B2-P-3097). This application will be heard together with
applications of Tidewater Broadcasting Co. and Norfolk
County Broadcasting Co., listed above.

Seaboard Broadcasting Corp., Tampa, Fla. — Application for con¬
struction permit for new station to operate on 1590 kc., 1
KW, unlimited time (B3-P-2813).

WTNJ — WOAX, Inc., Trenton, N. J. — .Application for modifica¬
tion of license (Bl-ML-1084) , for unlimited time (facilities
of WC.AM and WC.AP, with which it shares time on 1310
kc), to be heard in consolidation with application of
WDAS, Philadelphia, to use 1360 kc. (Docket 6049) ;
WC.AM, Camden, N. J., for renewal and modification of
license (Dockets 5361 and 6144) ; WC.AP, Asbury Park,
N. J., for renewal and modification of license (Dockets
5778 and 6145).

August 1, 1941 — 655

MISCELLANEOUS

WING — Great Trails Broadcasting Corp., Dayton, Ohio. — Granted
special temporary authority to conduct point to point com¬
munication service over station WING for five-minute
periods on the hour, beginning at 8 a. m. EST, and ending
at 2 p. m. EST, July 24, 1941, only, in order to allow
Mayor Brennan and his committee to issue instructions to
the 1600 women and 1600 girl and boy scouts, each equipped
with a portable radio, who are participating in the Dayton
National Defense Aluminum Collection Day activities.

City of New York, Municipal Broadcasting System, N. Y, —
Granted special temporary authority to operate regularly
licensed relay broadcast station at the Statue of Liberty
National Monument, Bedloes Island, for the purpose of
transmitting program material to station WNYC in connec¬
tion with ceremonies at the Ninety-second Anniversary of
Emma Lazarus, arranged by the National Park Service and
American Committee for the Foreign Born, on July 22,
1941, only, waiving Section 4,21 as it precludes use of
relay broadcast station where w'ire facilities are available.

WCAM-WC.4P — City of Camden, N. J., Radio Industries Broad¬
cast Co., Asbury Park, N. J.; WTNJ — WO.\X, Inc.,
Trenton, N. J. — Continued hearing in re applications of
WC.^M and WCAP for renewals and modification of licenses
and WTNJ for renewal of license, now' scheduled for July
2S, 1941, until a date to be hereafter fixed by further order
of the Commission.

Worcester Telegram Publishing Co., Inc., Worcester, Mass. —
Granted petition for leave to amend application for EM
station to change frequency from 4810(1 Uc. to 4(il00 kc.,
and mileage from 20,4..f7 to 10,000 square miles, and ap¬
plication removed from hearing docket.

WRDO — WRDO, Inc., Augusta, Maine. — Motion for 60-day post¬
ponement of hearing on application for renewal of license,
now' scheduled for July 28, granted for a period of 30 days.

Symons Broadcasting Co., Ellensburg, Wash. — Petition to dismiss
without prejudice application for new station to operate
on llIO 1 KW, unlimited time, granted.

KM.4 — May Broadcasting Co., Shenandoah, Iowa, — Motion for
60-day continuance of hearing of application for renewal
of license now scheduled for July 28, granted for period
of 30 days.

WGST — Georgia School of Technology, Atlanta, Ga. — Motion to
continue the hearing on application for renewal of license
now scheduled for August 1, granted for September 3.

WTMJ — The Journal Co. (The Milwaukee Journal), MiUvaukee,
Wis. — Granted modification of license to increase pow'er of
auxiliary transmitter from 1 KW night, 5 KW LS, to S KW
day and night using DA at night (B4-ML-1078). Also
granted authority to determine operating power by direct
measurement of antenna input (B4-Z-1149).

WYNE — Board of Education, City of New York, Brooklyn, N. Y.
— Granted modification of construction permit (Bl-PED-
18, which authorized change in equipment, frequency, emis¬
sion and power) for change in type of transmitter, and
extension of commencement date to 90 days after grant
and completion date to 180 days thereafter, respectively
(Bl-MPED-6).

WEIM — Ruben E. Aronheim, Fitchburg, Mass. — Granted modi¬
fication of construction permit (Bl-P-3061, authorizing a
new station to operate on 1840 ke., 250 w'atts, unlimited
time) for approval of antenna and approval of trans¬
mitter site at Summer St., Fitchburg, Mass. (Bl-MP-1338) .

WJZM — Wm. D. and Violet Hutton Hudson, Clarksville, Tenn. —
Granted modification of construction permit (B3-P-2983
for a new' station to operate on 1400 kc., 250 w'atts, un¬
limited time) for approval of antenna, transmitter, studio
site and transmitter site (B3-MP-1313).

WSON — Paducah Broadcasting Co., Inc,, Henderson, Ky. — Granted
modification of construction permit (B2-P-3149 for new
station to operate on 860 kc., 250 watts, daytime), for ap¬
proval of studio and transmitter location on Zion Road,
SE of Henderson, and approval of antenna (B2-MP-1357) .

WINC — Richard Field Lew’is, Jr., Winchester, Va. — Granted
license to cover construction permit for new station to
operate on 1400 kc., 250 watts, unlimited time (B2-L-14S2).
Also granted authority to determine operating power by
direct measurement of antenna power (B2-Z-1161).

WT.AL — Fla. Cairitol Broadcasters, Inc., Tallahassee, Fla. — Granted
license to cover construction permit (B3-P-317S) which
authorized changes in transmitting equipment (B3-L-1443).

656 — August 1, 1941

KEC.A, (.A.UX.) — Earle C. Anthony, Inc., Los Angeles, Cal. — •
Granted authority to determine operating power by direct
measurement of antenna input (B5-Z-1162).

KFI (Aux.) — Earle C. Anthony, Inc., Los Angeles, Cal. — Granted
authority to determine operating power by direct measure¬
ment of antenna input (B5-Z-11S4).

WERC — Presque Isle Broadcasting Co., Erie, Pa. — Granted license
to cover construction permit (B2-P-22S1, for new station),
1490 kc., 100 watts night, 250 watts, unlimited time
(B2-L-1441). Also granted authority to determine operat¬
ing power by direct measurement of antenna input (B2-Z-
1143).

WDBJ — Times-World Corp., Roanoke, Va. — Granted license to
cover construction permit (B2-P-2S22), for installation of
D.\ for night use, increased pow'er, approval of transmitter
location at present site, 96() kc., 5 KW, unlimited time,
DA night (B2-L-144S). Also granted authority to deter¬
mine operating power by direct measurement of antenna
input (B2-Z-1148).

WKST — WKST, Inc., New Castle, Pa. — Granted license to cover
construction permit (B2-P-2809, for installation of DA
for night use, increase in hours of operation and power,
change in frequency under N.ARBA, 1280 kc., 1 KW, un¬
limited time, DA (B2-L-1449). Also granted authority to
determine operating power by direct measurement of an¬
tenna input (B2-Z-1157).

WPEN — Wm. Penn Broadcasting Co., Philadelphia, Pa. — Granted
license to cov(.‘r construction permit (B2-P-26S8, for instal¬
lation of new transmitter, changes in DA system, and in¬
crease in power to 5 KW (B2-L-1446). Also granted
authority to determine operating power by direct measure¬
ment of antenna input (B2-Z-1150).

WHN — Marcus Loew Booking Agency, New York City. — Granted
construction permit to make changes in present auxiliary
transmitter and move to site of new main transmitter, E.
Rutherford, N. J. {Bl-P-3232).

KOB — Albuquerque Broadcasting Co., .Albuquerque, New Mexico.
— Granted modification of construction permit {B5-P-278S,
for new transmitter, increase in power from to 10 to 50
KW), for extension of completion date to August 5, 1941
(BS-MP-1346).

WRC — National Broadcasting Co., Inc., Washington, D. C. —
Granted license to cover construction permit (Bl-P-243,
which authorized increase in power and installation of D.A
for night use, 980 kc., S KW, unlimited time, D.A-N)
(B1-L-14S0). Also granted authority to determine operat¬
ing power bv direct measurement of antenna power (Bl-Z-
1158).

W2XBB — Bamberger Broadcasting Service, Inc., New York, N. Y.
— Granted modification of construction permit as modified
for new television broadcast station, for extension of com¬
mencement and completion dates from January 22, 1941,
and July 22, 1941, to August 22, 1941, and January 22,
1942, respectively (Bl-MPVB-51 ) .

WKBW — Buffalo Broadcasting Corp., Buffalo, N. Y. — Granted
modification of construction permit (Bl-P-2902 for new
transmitter, installation of D.A for day and night use,
increase in power and move of transmitter) for extension
of completion date to October 17, 1941 (Bl-MP-1342).

WGNA^— WGNY Broadcasting Co., Inc., Newburgh, N. Y.—
Granted modification of construction permit (Bl-P-2948,
for new transmitter, increase in power, change in frequency)
for authority to install modulation monitor and automatic
frequency control equipment (B1-MP-13S3) .

WKBN — WKBN Broadcasting Corp., Youngstown, Ohio — Granted
modification of construction permit (B2-P-2S47, to install
new transmitter and DA for night use, increase power,
change in hours of operation) for authority to install new
transmitter (B2-MP-1348) .

KTBI — Tacoma Broadcasters, Inc., Tacoma, Wash. — Granted
modification of construction permit (BS-P-2028, for a new
station) for approval of antenna, of transmitter site at
204 S. 11th St., Tacoma; change in type of transmitting
equipment to be installed, and for 1490 kc., and 250 watts
power ( B5-MP-1341 ) .

KRKO — The Everett Broadcasting Co., Inc., Everett, Wash. —
Granted license to cover construction permit (BS-AF-33,
for new transmitter, vertical antenna, increase in power,
move of transmitter and change in hours of operation),
1400 lit'., 100 watts night, 250 watts LS, S-KEVR (B5-L-
1444). Also granted authority to determine operating power
by direct measurement of antenna input (BS-Z-1147).

KGMB — Hawaiian Broadcasting System, Ltd., Honolulu, T. H, —
Granted license to cover construction permit (B-P-3069,
which authorized move of formerly licensed RCA 1-D,

1 KW, transmitter from fronting on Kapiloani Blvd.,
Honolulu, to Kapiolani Blvd., Honolulu, for use as auxiliary
transmitter for emergency purposes only (B-L-1454).

WMIS — Natchez Broadcasting Co., NCitchez, Miss. — Granted
license to cover construction permit (B3-P-2999, for new
station), 1490 kf., 250 watts, unlimited time (B3-L-1426).
Also granted authority to determine operating power by
direct measurement of antenna input (B3-Z-990).

Southern California Broadcasting Co., Pasadena, Cal. — Granted
petition for leave to amend application for construction per¬
mit to change transmitter site, etc., and removed applica¬
tion from hearing docket.

Edw'ard Tom O'Brien, David Shepard, How’ard S. Johnson and
John W. Boler, d/b as Brainerd-Bemidji Broadcasting Co.,
Brainerd, Minn. — Granted petition to amend application
for new station to change frequency from 1550 to 1400 kc. ;
power from 1 KW to 250 watts, unlimited time, on condi¬
tion that amendment be filed within 10 days from date;
the application removed from hearing docket and severed
from that of the Gazette Co., Cedar Rapids, la., Docket
5330.

WBNX — WBNX Broadcasting Co., Inc., New York City — Petition
for leave to amend application for new FM station to
change frequency from 47500 to 481100 ke., granted; re¬
quest to remove from hearing docket, dismissed,

KFEQ — KFEQ, Inc., St, Joseph, Mo. — Granted petition to inter¬
vene in the hearing on application of KWK, St. Louis, for
authority to operate on 680 kc., 50 KW, unlimited time,
DA day and night.

KMO — Carl E. Haymond, Tacoma, Wash. — Granted modification
of construction permit (BS-P-2707), for new transmitter,
increase in power to 5 KW and changes in antenna) for
extension of completion date to Oct. 22/41 (B5-MP-13SO) .

KOMO — Fisher’s Blend Station, Inc., Seattle, Wash. — Granted
license to cover construction permit (B5-P-2848, for in¬
crease in pow'er, installation of DA for night use) (BS-L-
1455). .Also granted authority to determine operating
power by direct measurement of antenna input (B5-Z-
1165).

WIBC — Indiana Broadcasting Corp., Indianapolis, Ind. — Granted
license to cover construction permit {B4-P-2886) for new
transmitter and directional antenna for night use, move of
transmitter, increase powder, and change in hours; 1076 kc.,
1 KW night, 5 KW LS, unlimited time (B4-L-1448). .Also
granted authority to determine operating power by direct
measurement of antenna power (B4-Z-11S2).

WSPA — Spartanburg .Advertising Co., Spartanburg, S. C. —
Granted license to cover construction permit (B3-P-2901),
which authorized installation of D.A for night use ; change
hours of operation from daytime to unlimited ; increase
power from 1 KW to 1 KW night, 5 KW LS, installation
of new transmitter and move of transmitter (B3-L-1447).
Also granted authority to determine operating power by
direct measurement of antenna input (B3-Z-1151).

WBNS — WBNS, Inc., Columbus, Ohio — Granted authority to de¬
termine operating power of auxiliary transmitter by direct
measurement of antenna input (B2-Z-91S).

KGU — Marion A. Mulrony and .Advertiser Publishing Co.. Ltd.,
Honolulu, T. H. — Granted authority to determine operating
power by direct measurement of antenna input (B-Z-1168).

WQAM — Miami Broadcasting Co., Miami, Fla. — Granted au¬
thority to determine operating power by direct measure¬
ment of antenna input {B3-Z-11S3).

KINY — Edwin .A. Kraft, Juneau, .Alaska. — Granted authority to
determine operating power by direct measurement of an¬
tenna input (B-Z-1153).

WKAT — A. Frank Katzentine, Miami Beach, Fla. — Granted au¬
thority to determine operating power by direct measurement
of antenna input (B3-Z-1027).

KELA — Central Broadcasting Corp., Centralia-Chehalis, Wash. —
Granted authority to determine operating power by direct
measurement of antenna input (B.S-Z-1 133 ) .

KFPL — C. C. Baxter, Dublin, Texas. — Granted authority to de¬
termine operating power by direct measurement of antenna
input (B3-Z-1083).

WQ.AN (.Aux.) — The Scranton Times (.A Corp.), Scranton, Pa. —
Granted authority to determine operating power by direct
measurement of antenna input (B2-Z-1064).

WJBW — Charles C. Carlson, New Orleans, La. — Granted au¬
thority to determine operating power by direct measurement
of antenna input (B3-Z-1159).

WEVD — Debs Memorial Radio Fund, Inc., New York City. —
Granted authority to determine operating power by direct
measurement of antenna input (Bl-Z-998).

WMFD — Richard .Austin Dunlea, Wilmington, N. C. — Granted
authority to determine operating power by direct measure¬
ment of antenna input (B3-Z-859).

KGKB — East Texas Broadcasting Co., Tyler, Texas. — Granted
authority to determine operating power by direct measure¬
ment of antenna input (B2-Z-1172).

KITE — First National Television, Inc., Kansas City, Mo. — Granted
authority to determine operating jrower by direct measure¬
ment of antenna input (B4-Z-1136).

KPDN — R. C. Hoiles, Pampa, Texas. — Granted authority to de-
termirie operating power by direct measurement of antenna
input (B3-Z-1086).

WMSD — Muscle Shoals Broadcasting Corp., Muscle Shoals City,
Ala. — Granted authority to determine operating power by
direct measurement of antenna input (B3-Z-1052).

KVIC — Radio Enterprises, Inc., Victoria, Texas. — Granted au¬
thority to determine operating power by direct measurement
of antenna input (B3-Z-1123).

KEX — Oregonian Publishing Co., North Portland, Ore. — Granted
authority to determine operating power by direct measure¬
ment of antenna input (B3-Z-1059).

WWV.A — West Virginia Broadcasting Corp., Wheeling, W, Va. —
Granted extension of special temporary authority to operate
on unlimited time basis for period not to exceed 30 days
beginning July 24 and ending no later than Aug. 22
(B2-S-379).

WOWO — Westinghouse Radio Station, Inc., Ft. Wayne, Ind. —
Granted extension of special temporary authority to operate
unlimited time for the period July 24 to .Aug. 22
(B4-S-492).

WEAU — Central Broadcasting Co., Eau Claire, Wis. — Granted
special temporary authority to operate with composite
100-watt broadcasting transmitter on 1070 kc. during
regularly licensed hours of operation for a period not to
exceed 30 days, while main transmitter is being moved to
new location and proof of performance tests are being con¬
ducted in accordance with construction permit (B4-S-924).

WCKY — L. B. Wilson, Inc., Cincinnati, Ohio. — Granted extension
of special temporary authority to operate daytime with a
nondirectional antenna until sunset at Sacramento, for a
period beginning July 26 and ending no later than Au¬
gust 24.

WMRO — Martin R. O'Brien, .Aurora, Ill. — Granted special tem¬
porary authority to operate from sign-off time (July 7:30
P. M. CST) to 9:30 P, M., CST, July 25 and 26, for the
purpose of broadcasting certain portions of Kendall County
Centennial Celebration (B4-S-995).

WIBG — Seaboard Radio Broadcasting Corp., Glcnside, Pa. —
Denied extension of special temporary authority to operate
from local sunrise at Glenside, to local sunrise at Knox¬
ville, Tenn. (Station WNOX), instead of daytime as stipu¬
lated in reallocation, for the period July 27 to Aug. 25,
pending action on formal application for such authority
(B2-S-339).

KGEK — Elmer G. Beehler, Sterling. Colo. — Denied request for
special temporary authority to operate from 8. P. M. to
9:30 P. M., MST, on Thursday nights, August 7, 14, 21,
28, 1941, in order to broadcast band concerts.

WE.AU — Central Broadcasting Co., Eau Claire, Wise. — Granted
special temporary authority to operate additional time from
8 P. M.. CST, to conclusion of Zivic-Cochrane bout on
July 28 and Soose-Abrams bout on July 30, 1941, only,
using 500 watts only.

WHCU — Cornell University, Ithaca, N. Y. — Granted authority to
determine operating power by direct measurement of an¬
tenna input (Bl-Z-1105).

WTBO — Asso, Broadcasting Corp., Cumberland, Md. — Granted
authority to determine operating power by direct measure¬
ment of antenna input (Bl-Z-888).

WBTH — Williamson Broadcasting Corp., Williamson, W. Va. —
Granted authority to install automatic frequency control
equipment (B2-F-227).

WCCO — Columbia Broadcasting System, Inc., Minneapolis, Minn.
— Granted authority to install automatic frequency control
equipment (B‘l-F-229).

August 1, 1941 — 657

WCHS — Charleston Broadcasting Co,, Charleston, W. Va. —
Granted authority to install automatic frequency control
equipment (B2-F-230).

\V71NY — Bamberger Broadcasting Service, Inc., New York City. —
Granted special temporary authority to operate FM station
commercially on 4T100 kc.. 10 KW, at 444 Madison Ave.,
New York City, for period of .10 days pending completion
of antenna construction in accordance with construction
permit (Bl-PH-45, Bl-MFH-8).

\V2XOY — General Electric Co., New Scotland, N. Y. — Granted
extension of special temporary authority to operate a FM
experimental broadcast station on 4B;200 kc., 2500 watts,
special emission for FM, with transmitter located at New
Scotland, N. Y., for the period July 29 to .August 28, 1941.

W47.A — The Capitol Broadcasting Co., Inc., Schenectady, N. Y. —
Granted extension of special temporary authority to operate
with main studio at the transmitter of high frequency
broadcast station W47A for a period of .10 days beginning
July 31, 1941, and ending not later than .August 29, 1941,
pending completion of ST transmitter at main stuflio
specified in construction permit.

WNBM — National Broadcasting Co.. Inc., New York City. —
Granted special temporary authority to operate relay broad¬
cast station WNPM on additional frequencies of 47!)7.5,
(i42.'). !M:k), 12S(i:2.5 and 17:iI0 kc. with a 500-watt NBC
composite transmitter. Type P-500-.A, Serial No. 1, crystal
control, high level modulation, with 4 RC.A-850 tubes in
the last radio stage under the permissive proviso of section
308(a) of the Communications .Act of 1934, as amended,
aboard the 5. S. Brazil, while en route from New York City
to Buenos .Aires, and the S. S. Argentina, while en route
from Buenos .Aires to New York City, only, for a period
of 75 days, beginning .August 1, 1941, and ending not later
than Octolier 14, 1941, in order to relay to station VVJZ
and the NBC Blue Network program material to be used
in the series of programs entitled “News of the .Americas”
(provided no interference is caused any other radio service).

WKEU — Radio Station WKEU, Griffin, Ga. — Granted special tem¬
porary authority to operate from sign-off time (July 6:45
p. m.. CST), to 10 p. m., EST, on July 24, in order to
liroadcast program (or Chamber of Commerce in coopera¬
tion with National Defense .Aluminum Collection Drive,
only (B3-S-819),

WSUI — State University of Iowa, Iowa City, Iowa. — Granted spe¬
cial temporary authority to reduce hours of operation from
unlimited to a minimum of 8 hours daily, for period .August
4 to September 24, in order to observe vacation period
between regular University sessions.

Burlington Broadcasting Co., Burlington, N. C. -Placed in pend¬
ing files pursuant to Order No. 79, application for new
station to operate on 1280 kc., 500 watts, daytime (B3-P-
2490, Docket No. 5781 ).

WD.AS — WDAS Broadcasting Station, Inc., Philadelphia, Pa. —
Denied petition to reconsider and grant without hearing
the application for construction permit to change transmitter
site, install new technical equipment and directional an¬
tenna system lor nighttime use, and change operating as¬
signment from 1400 kc. to 1200 kc.. increase power from
250 watts, unlimited to 5 KW day, 1 KW night (B2-P-
.1115, Docket No. 6049).

WENY — Elmira Star-Gazette, Inc., Elmira, N. AC — Denied peti¬
tion to reconsider ami grant apiilication for construction
permit to use frequency oOO kc. with power of 1 KW,
unlimited time, in lieu of present operation on 1200 kc.
with power of 250 watts, unlimited (Docket No. 6087).

APPLICATIONS FILED AT FCC
610 Kilocycles

WL.AD — .American Broadcasting Corp. of Kentucky, Lexington,
Ky. — Construction permit to increase power from 250 w'atts
to 1 KW, using directional antenna night, install new trans¬
mitter and directional antenna, and change frequency from

1450 kc. to filO kc.

640 Kilocycles

WHKC llnited Broadcasting Co., Columbus, Ohio. — Construc¬
tion permit to install new vertical antenna system and
change transmitter site.

658 — August 1, 1941

670 Kilocycles

W^M.AQ — National Broadcasting Co., Inc., Chicago, Ill. — Con¬
struction permit to make changes in transmitter.

760 Kilocycles

WJR — WJR, The Goodwill Station, Detroit, Mich. — .Authority to
determine operating power by direct method for auxiliary
transmitter.

930 Kilocycles

WBEN — WBEN, Inc., Buffalo, N. Y. — License to cover construc¬
tion permit (Bl-P-2757) as modified, for increase in power,
installation of new transmitter and directional antenna for
night use, and move of transmitter.

WBEN — WBEN, Inc., Buffalo, N. Y. — .Authority to determine
operating power by direct method.

1000 Kilocycles

KJR — Fisher’s Blend Station, Inc., Seattle, Wash, — Authority to
determine operating power by direct method.

1090 Kilocycles

WB.AL — WB.AL Broadcasting Co., Baltimore, Md. — Modification
of construction permit (Bl-P-2200) as modified, for instal¬
lation of new transmitter and directional antenna for night
use, change in hours of operation, increase in power, and
move of transmitter, requesting changes in transmitting
equipment.

WB.AL — WB.AL Broadcasting Co., Baltimore, Md. — License to
cover construction permit (Bl-P-2200) as modified, for in¬
stallation of new transmitter and directional antenna for
night use, change in hours of operation, increase in power,
and move of transmitter.

WBAL — WBAL Broadcasting Co., Baltimore, Md. — .Authority to
determine operating power by direct method.

1260 Kilocycles

WHIG — Miami Valley Broadcastingi Corp., Dayton, Ohio. — Con¬
struction permit to reinstate construction permit (B2-P-
2628) as modified, for equipment changes, changes in direc¬
tional antenna system, increase in power from 1 KW night,
5 KW day, to 5 KW day and night, and move of trans¬
mitter.

1310 Kilocycles

KFBB — Buttrey Broadcast, Inc., Great Falls, Mont. — Modification
of construction permit (BS-P-2920) as modified, for exten¬
sion of completion date from 7-31-41 to 8-31-41.

1330 Kilocycles

WLOL — Independent Merchants Broadcasting Co., Minneapolis,
Minn. — .Authority to determine operating power by direct
method.

1340 Kilocycles

WWPG — Lake Worth Broadcasting Corp., Lake Worth, Fla. —
Modification of construction permit (B3-P-3161) for ap¬
proval of antenna and approval of transmitter and studio
sites.

KWLM — Lakeland Broadcasting Co.. Willmar, Minn. — License to
cover construction permit (B4-P-31SS) for increase in
power from 100 watts to 250 watts and changes in trans¬
mitting equipment.

1390 Kilocycles

KCRC — Enid Radiophone Co., Enid, Okla. — Modification of con¬
struction permit (B3-P-2810) for increase in power, instal¬
lation of directional antenna for day and night use, and
installation of new transmitter, requesting to install new
type transmitter and make changes in directional antenna,

1400 Kilocycles

KONO — Eugene J. Roth, tr/as Mission Broadcasting Co., San
.Antonio, Texas. — Modification of license to change hours of
operation from shares with KMAC to unlimited, request¬
ing facilities of KM.AC when KM.AC goes to new fre¬
quency.

1450 Kilocycles

WPAR — Ohio Valley Broadcasting Corp., Parkersburg, W. Va. —
License to cover construction permit (B2-P-2700) as modi¬
fied, for a new transmitter and antenna system, increase
in power and move of transmitter.

WPAR — Ohio Valley Broadcasting Corp., Parkersburg, W. Va. —
Authority to determine operating power by direct method.

WLAN — Thomas J. Watson, Endicott, N. Y. — Modification of
construction permit (Bl-P-1679) for a new broadcast sta¬
tion, requesting installation of new transmitter, approval
of antenna, and approval of transmitter location and
booster amplifier.

1600 Kilocycles

NEW — Peter Q. Nyce, Alexandria, Va. — Construction permit for
a new broadcast station to be operated on 740 kc., 1 KW.
daytime. Amended: to request 1600 kc., 1 KW, unlimited
time, 250 watts day and night for booster amplifier.

MISCELLANEOUS APPLICATIONS

WBLR — Columbus Broadcasting Co., Inc., Portable-Mobile, area
of Columbus, Ga. — License to cover construction permit
(B3-PRY-237) for a new relay broadcast station.

NEW — Telegraph-Herald, Portable-Mobile, area of Dubuque,
Iowa. — License for a relay broadcast station (formerly
licensed to Mason City, Globe-Gazette Co., under call
KQHS), to be operated on 1622, 20,58, 2150, and 2790 kc.,
power of 2 watts, A3 emission,

NEW — Telegraph-Herald, Portable-Mobile, area of Dubuque,
Iowa, — License for a relay broadcast station (formerly
licensed to Mason City Globe-Gazette Co., under call
KDJB), to be operated on 1622, 2058, 2150, and 2790 kc.,
power of 125 watts, A3 emission.

KGEI — General Electric Co., near Belmont, Calif, — License to
cover construction permit (BS-PIB-24) as modified, for
move of transmitter and increase in power.

WHER — Westinghouse Radio Stations, Inc., Mobile, area of
Boston, Mass. — License to cover construction permit (B2-
PRY-244) for installation of new transmitter and increase
in power.

WGE.\ — General Electric Co,, Schenectady, N. Y. — License to
cover construction permit (B1-PIB-2S) as modified, for
increase in power, installation of new transmitter, and
change in frequencies.

NEW — James Broadcasting Co., Inc., WJRL, Portable-Mobile,
area of Jamestown, N. Y. — License to cover construction
permit (Bl-PRE-391) for a new relay broadcasting station.

FEDERAL TRADE
COMMISSION ACTION

Any NAB member wishing to have the full text oj any
of the FTC releases, printed in part below, should write to
the NAB, referring to the number in parentheses at the end
of each item.

COMPLAINTS

Federal Trade Commission has alleged unfair competition
against the following firms. The respondents will be given an
opportunity to show cause why cease and desist orders should
not be issued against them.

Battle Creek Drugs, Ine., a corporation, and Consolidated
Royal Chemical Corp,, doing business as Consolidated Drug Trade
Products and as BonKora Co., are charged, in a complaint, with
false advertising and misrepresentation. Battle Creek Drugs. Inc.,
maintains its principal office and place of business in Battle
Creek, Mich., and Consolidated Royal Chem.ical Corp. is located
at 544 South Wells St., Chicago. (4541)

Fort Worth I’eamit Comi):iii.v — William Parrish Bennett,
trading under the names of Fort Worth Peanut Company and
Bill’s Peanut Company, 1001 Bryan St., Fort Worth, Texas, is
charged, in a complaint, with the use of lottery methods in the
sale and distribution of his products. The complaint alleges that
the respondent sells to dealers certain assortments of peanuts so
packed and assembled as to involve a game of chance, gift enter¬
prise or lottery when sold and distributed to ultimate consumers.
(4544)

(iraiiile Kaihvay Co., 1245 Hancock St., Quincy, Mass., and
J. S. Swingle, Inc., 327 Willard St., Quincy, Mass., are charged in
complaints with misrepresentation in the distribution and sale of
granite. Both respondents arc engaged in the quarrying, distribu¬
tion and sale of granite blocks to be manufactured into monuments.
(4545-4546)

J. T. Jarrell Coiupaiiy — \ complaint has been issued charging
J. T. Jarrell Co., Little Rock, Ark., broker in the sale of food
products, particularly canned fruit and vegetables, with violation of
the brokerage provision of the Robinsen-Patman Act through
receiving and accepting from numerous sellers brokerage fees, or
allowances or discounts in lieu thereof, on purchases of food
products made for its own account in commerce. (4547)

Sterling .Vpplianee Co. — Complaints have been issued against
two Los .Angeles firms, charging misrepresentation and false adver¬
tising in the sale of short w'ave diathermy devices for treating
diseases. The respondents are Nolan E. Stadley, trading as Sterling
.Appliance Co., distributor of the “Sterling Short Wave Diathermy,”
and George S. Mogilner and James Walker, trading as Merit
Health Appliance Co., selling the “Merit Short Wave Diathermy.”
(4542-4543)

CEASE AND DESIST ORDERS

Commission has issued the following cease and desist orders:

.American Imstitnte of Business Administration, Ine., and

Paul Kline, its president, 126 Liberty St., New York City, have been
ordered to cease and desist from the dissemination of misleading
representations in the sale of correspondence courses in accountancy
and business law. (4195)

Lake Shore Seed Company — David S. Wright, doing business
as Lake Shore Seed Company. Dunkirk, N. Y., has been ordererl
to cease and desist from certain misrepresentations in the sale of
seeds. The respondent is engaged in the business of selling and
distributng vegetable and garden seeds purchased by him from
various growers and packing such seeds for transportation to
buyers in various States. (3994)

Lincoln Chair & Novelty Company — A. M. Druckman, doing
business as Lincoln Chair & Novelty Co., 142 East 32nd St., New
York City, has been ordered to cease and desist from misrepresen¬
tation in the sale of furniture. (4445)

Metal Paper Fastener Institute — .A cease and desist order
has been issued against five companies manufacturing pins, paper
clips and fasteners used as office supplies, the order applying to
them separately and as members of the Metal Paper Fastener
Institute and the Pin Manufacturers’ Institute, of the Organiza¬
tion Service Corporation, New York. Prohibiting a combination
or agreement which results in price fixing and other practices, the
order also is directed against Organization Service Corporation and
tw'o of its officers.

Respondents in the case are: Organization Service Corporation,
74 Trinity Place. New A^ork: Herbert S. Blake, its president, and
Thomas B. Jordan, its vice president and the secretary of the
Metal Paper Fastener Institute anrl the Pin Manufacturers’ Insti¬
tute. of Organization Service Corporation ; Scovill Manufactur¬
ing Co., W'aterbury. Conn., operating as one of its divisions; The
Oakville Co., Oakville. Conn.; Noesting Pin Ticket Co., Inc., New

August 1, 1941 — 659

York; Vail Manufacturing Co., Chicago; F. Kelly Co., Derby,
Conn., and William Prym, Inc., New York.

The Commission order directs the respondent manufacturing
companies, through Organization Service Corporation or through
the respondents Blake or Jordan, and the respondent Organization
Service Corporation and these two officers of Organization Service
Corporation, to cease and desist, by agreement, combination or
understanding, ( 1 ) from fixing, establishing, maintaining or ad¬
hering to the prices to be charged for any or all of their
products; (2) from changing simultaneously the prices to be
charged for such products; (3) from sponsoring, calling or holding
any formal or informal meeting or conference for fixing, establish¬
ing, maintaining or adhering to such prices; (4) from reporting,
compiling or exchanging statistical information concerning prices
charged on consummated sales where the purpose is to fix, establish,
maintain or adhere to prices to be charged for their products;
(S) from adopting, contributing to, or participating in, the dissemi¬
nation of any information relating to prices charged or to be
charged for their products when the purpose or effect is to effectu¬
ate the fixing and maintenance of prices; and (6) from employ¬
ing, adopting, contributing to. or participating in, any inquiries
pertaining to prices, conditions, or terms of completed sales where
the purpose, intent or effect is to cause, or tend to cause, adherence
to, or maintenance of, uniform prices to be charged by the re¬
spondent members for any or all of their products. (4351 )

N'assif Caiitly Wheeling, W. Va., has been ordered to cease
and desist Irom the use of lottery methods in the sale and dis¬
tribution of candy. (4025)

I>. Wrohlewski & Company — A Brooklyn, N. Y., dealer and
three corporations selling medicinal and cosmetic preparations
have been ordered to cease and desist from misrepresentations in
the sale of their products. The respondents are D. Stefan Wro-
blewski, trading under the names D. Wroblewski & Co., D. S.
Wroblewski, Inc., Daferu Drug Co., Inc., Wroblewski Drug Co.,
Inc., Kalwaryjskie Laboratories, Inc., and D. Wroblewski & Co.,
Ltd., and the corporations D. S. Wroblewski, Inc., Daferu Drug
Co., Inc., and D. Wroblewski & Co., Ltd., all of 55 Keap St.,
Brooklxn. (4196)

STIPULATIONS

During the jrast week the Commission has announced the fol¬
lowing stipulations;

Anu»g(‘ii Company — J. R. Hodges, trading as Amogen Com¬
pany, 147 North St., San Antonio, Texas, engaged in selling a
laxative designated “Amogen Tablets”, has stipulated to discon¬
tinue representing that .Imogen Tablets get the poison out of the
system; cause the bile to flow; are effective in the treatment of
biliousness, malaria, common colds and fever, poor digestion, acid
or gas on the stomach, the results of eating and drinking too much,
headaches, neuralgia, rheumatism and other pains and fever,
sallow complexion, pimples, sores, boils, skin irritations, coated
tongue, bad breath or taste in the mouth, or that .Imogen Tablets
will enable one to maintain good health and to avoid sickness.
(02831)

l>i-T(iiie Corporatidii, Iiu-., Bluefield, W. Va., seller of medicinal
preparations, has entered into a stipulation to cease certain repre¬
sentations in the sale of products designated “Bi-Tone Liver Pills”
and “Bi-Tone Wonder Tonic.” The respondent agrees to cease
using the word “Liver” as a part of the brand name of Bi-Tone
Liver Pills or from otherwise representing that the preparation
produces a beneficial effect on the liver; to cease advertising that
"Bi-Tone Wonder Tonic” increases vitality or resistance to dis¬
ease. and other similar accomplishments; and that the liver pills,
when taken in conjunction with Bi-Tone Wonder Tonic, correct
ailments originating in the liver, cause it to become active and
healthy, or correct an\' condition which causes one to feel sluggish,
run-down and listle.ss. (02834)

IJristoS-Myers ('ompau>’. Rockefeller Center, New York City,
engaged in selling a medicinal cream used as a counter-irritant and

660 — August 1, 1941

analgesic for certain aches and pains of the body, designated
“Minit-Rub,” has entered into an amended and substitute stipula¬
tion in which it agrees to cease and desist from representing that
Minit-Rub affords relief from chest colds other than to relieve
the symptoms associated with, or resulting from, chest colds; that
it penetrates to any muscle, other than superficial muscles or such
muscles as may be reached by reflex action; that it affords long-
lasting relief ; that it is a special analgesic, or contains drugs other
than those commonly used in analgesics; that it contains pain-
soothing ingredients that act at once in affording relief ; that it
stimulates the circulation at the seat of the trouble, in any case
other than where the seat of the trouble is superficial or muscular ;
that it relieves the discomfort of improper breathing due to colds
better than any other preparation ; that it overcomes insomnia,
or is efficacious for this condition other than where the condition
is due to excited nerves ; that it relieves throbbing or nervous
headaches other than those due to temporary fatigue, overstrain,
nervous tension or nasal congestion ; that it affords relief from
muscular aches, pains or discomforts of every kind, or by any other
terminology, that it is of benefit in affording relief from any
aches, pains or discomforts in muscles other than superficial
muscles or such muscles as may be reached by reflex action, or that
it affords effective relief from sprains. (01864)

Copeland Produets, Inc., 244 Wolf St., Syracuse, N. Y., en¬
tered into a stipulation to cease representing in advertisements
that the medicinal preparation “Dis-R-Tabs,” when used in the
treatment of dogs, will prevent or remedy run-down condition,
permanent disability, distemper and other ailments, or be of bene¬
fit in the treatment of coughs beyond its value as an expectorant.
The respondent further stipulates that it will discontinue represent¬
ing that this product is an antiseptic or destroys germs in a dog’s
respiratory tract, or protects it against infection, and that the
preparation is of benefit when administered to humans for the
prevention or treatment of colds, bronchitis, sinusitis, coryza,
rhinitis or similar ailments. (02836)

K. 15. Davis Company, Hoboken, N. J., engaged in selling a
food product designated “Cocomalt”, has stipulated in connection
with the dissemination of advertising of the product to discontinue
representing that Cocomalt substantially aids the digestion of
starchy foods or that Cocomalt stimulates the appetite for other
foods except to the extent that it may stimulate the appetite where
lack of appetite is caused by \’itamin Bi deficiency. The stipulation
is supplemental to a stipulation (Stipulation 0978) previously
accepted by the Commission from the respondent. (02830)

IMai'vel Company — J. Clayton Cridlebaugh, trading as The
Marvel Company, Arcadia, Calif., engaged in selling an antipick
device designated “Marvel Hen Specs” advertised and sold mainly
for the purpose of controlling cannibalism in poultry, has entered
into a stipulation in which he agrees to cease and desist from
representing that Marvel Hen Specs will materially reduce tape¬
worm infestations or infestations other than those caused by fly
eating; that any function which can be accomplished by a competi¬
tive antipick clevice can be accomplished only by Marvel Hen
Specs, or that Marvel Hen Specs are the only antipick device
that has no mechanical action. (02832)

Dr. H. Piefri Co., Eladio Santini and Sylvia Pietri, of 83
Hamilton Place, New York, entered into a stipulation in which
they agree to cease representing that their hair dye preparation
“Zenaida” will banish gray hair, restore hair to its original color
and that it does not stain the clothing, hands or scalp. The
respondents also agree to cease representing, by use of the prefix
“Dr.” in their trade name, that Zenaida is a preparation manu¬
factured or offered for sale by a doctor of medicine. (02835)

Pilot Full Fasliioii IVlills, Inc., Valdese, N. C., and from
Ira M. Schey and B. Jacob, Jr., have entered into a stipula¬
tion to cease certain representation in the sale of hosiery. .'Accord¬
ing to the stipulation, the respondent Schey is president of Pilot
Full Fashion Mills, Inc., and he and the respondent Jacob have
conr'ucted a jobbing and selling agency under the name of Jacob
& Schey in New York City.

The respondents agree to cease and desist from the use of the
term “Two-Fifty-One” or the figures “2-51” as descriptive of
hosiery which is not 51 gauge, 2 thread construction, and from the
use of such term or figures or of any other term, words or
figures as a mark or stamp upon or otherwise to describe the
hosiery, the effect of which causes or may cause purchasers or
prospective purchasers to believe that the hosiery referred to is
51 gauge or any designated gauge other than is actually the fact.
(3177)

€. Tischhaiiser, Iiic., 66 Worth St., New York City, manu¬
facturer and distributor of handkerchiefs, has stipulated to desist
from labeling or otherwise referring to certain handkerchiefs as
having been woven or embroidered in whole or in part on a hand
loom, or from in any way using the words “hand loom” as
descriptive of such handkerchiefs or any part of them, or from
the use of the words “hand loom” as referring to any handker¬
chief or portion thereof which has not in fact been woven on a
hand loom. (02833)

Daniel Wiener, textile fabrics distributor, 47 West 57th St.,
New York, has entered into a stipulation to cease certain represen¬
tations in the sale of his products.

The respondent agrees to cease employing the words “Taffetas” or
“Faille Taffetas” or other words connoting silk to describe a
product not composed of silk. The stipulation provides that

if the product is composed in part of silk and in part of other
libers or material, the silk-connoting words, used properly to
describe the silk content, shall be accompanied by other words
in equally conspicuous type to accurately designate each con¬
stituent fiber or material in the order of its predominance by
weight. (3178)

FTC CASE CLOSED

The Federal Trade Commission has closed its case against Gold¬
ing Brothers Co., Inc., 316 Broadway, New York City, engaged in
the manufacture and sale of cloth fabrics.

The respondent was charged, in a complaint issued by the
Commission, with falsely representing certain dyed fabrics as
being perspiration proof, -\ccording to the Commission’s order
closing the case, the fabrics in question were dyed and labeled
as perspiration proof by a third party pursuant to a contract
with the respondent which called for the use of perspiration
proof dyes. In tests made by the respondent one of several
colors used by the dyer proved to be unstable and the respondent
promptly and voluntarily discontinued the false representations
within approximately two months from the date on which the
fabrics were first offered for sale and before the issuance of the
Commission’s complaint in the proceeding.

The Commission ordered that the case growing out of the com¬
plaint be closed without prejudice to the Commission’s right,
should future facts so warrant, to reopen it and resume proceed¬
ings.

August 1, 1941 — 661

- 1

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3

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3

1626 K STREET, N. W.

WASHINGTON, D. C.

Vol. 9, No. 31, Ausust 8, 1941

Federal Time Sales Tax

Under a strict rule against amendment, the House approved
and sent to the Senate the new general revenue bill including the
radio time sales tax.

The fight has now moved to the Senate.

Hearings before the Senate Finance Committee were scheduled
to start Friday, August 8. The NAB and other opponents of the
radio tax were tentatively slated to appear Monday, August 18.

Here are the members of that committee:

Walter F. George, of Georgia.

David I. Walsh, of Massachusetts.

Alben W. Barkley, of Kentucky.

Tom Connally, of Texas.

Josiah W. Bailey, of North Carolina.

Bennett Champ Clark, of Missouri.

Harry Flood Byrd, of Virginia.

Peter G. Gerry, of Rhode Island.

Joseph F. Guffey, of Pennsylvania.

Prentiss M. Brown, of Michigan.

Clyde L. Herring, of Iowa.

Edwin C. Johnson, of Colorado.

George L. Radcliffe, of Maryland.

Robert M. LaFollette, Jr., of Wisconsin.

Arthur Capper, of Kansas.

Arthur H. Vandenberg, of Michigan.

James J. Davis, of Pennsylvania.

Henry Cabot Lodge, Jr., of Massachusetts.

John A. Danaher, of Connecticut.

Robert A. Taft, of Ohio.

The NAB Board, at its meeting this week, considered at length
the best means of combating the tax proposal, and the Legislative
Committee will continue its daily work.

Numerous representatives spoke against the radio time sales tax
provision during House debate on the new Revenue Bill.

Representative Leavy (D.-Wash.) said that the tax seemed to
be “extremely discriminatory” and that “if you do tax anyone,
they ought all to be taxed.”

Representative Gearhart (R. -Calif.) pointed out that “news¬
papers and national magazines, with which radio competes for
advertising revenue with which to maintain its service to the public,
gets off scot-free.”

“This special penalty on radio advertising will unquestionably
drive many advertisers from radio to other competing media,” he
said. “The resulting loss of revenue would undoubtedly impair
the ability of radio stations to serve the public.”

Mr. Gearhart also pointed out that the International Allied Print¬
ing Trades Council was the first to agitate for a special punitive
tax on radio broadcasting.

“To show that all labor unions do not share the ideas of the
printers,” he added, “it is only fair to point out that three large
A. F. of L. unions, the International Brotherhood of Electrical
Workers, the American Federation of Musicians and the American
Federation of Radio Artists, have registered their opposition to this
discriminatory tax.”

Representative Voorhis (D. -Calif.) urged the Ways and Means
Committee to consider an amendment to remove the radio tax.

Representative Izac (D. -Calif.) said he had “tried to view this
from every angle but for the life of me I cannot see the fairness
of such a tax on one medium and not on another.”

Representative Patrick (D.-Ala.) said he was “sure the inequality
and consequences will give the radio stations a harder job than
they ought to have to undertake to overcome and absorb.”

“There is not in the United States an organization or a band
of people who has come forward with more full-hearted support
of the nation and who has given more time than the radio stations,”
he said. “Radio is a fine art that as a matter of public good
should be encouraged and supported.”

Representative Brooks (D.-La.) urged the Ways and Means
Committee to reconsider the tax.

ASCAP Accepts NBC Proposal

Niles Trammell, president of NBC, announced August 2 that
he had been advised by the Board of Directors of ASCAP that
it had approved a proposal under which ASCAP music would be
returned to the Red and Blue networks and the managed and
operated stations of NBC.

Following approval of the proposal by ASCAP, attorneys for
both NBC and ASCAP immediately began drafting a contract
covering the terms of the agreement. Mr. Trammell expressed
the hope that the contract would be drawn up and ready for
signature as quickly as possible.

The network contract between NBC and ASCAP will not be
signed by NBC, however, Mr. Trammell explained, until NBC
affiliates have agreed to refund to NBC of the stations’

compensation on network business, except in those states where
such refunds are prohibited by law.

“Wires have been sent to all NBC stations and we hope to have
telegraphic approvals from them so as to enable us shortly to sign
the contracts which are now being prepared,” Mr. Trammell said.
“When these contracts are signed, arrangements will be made
to return ASCAP music to our networks for both commercial
and sustaining programs.”

The action of the ASCAP Board approved a proposal made to
NBC by the ASCAP negotiating committee which was based upon
a proposal made by NBC in June. In wiring NBC affiliated sta¬
tions, advising them of ASCAP’s action, Mr. Trammell empha¬
sized that the terms applied to the network licenses on the Red
and Blue networks and the managed and operated stations of the
National Broadcasting Company and that the affiliated stations
of NBC were entirely free to make their own contracts with
ASCAP for local broadcasting. It is understood that ASCAP is
making the same per program and blanket license proposals for
settlement to all individual stations that it made to NBC covering
local programs on its managed and operated stations.

The essential points of the new agreement between ASCAP and
NBC as outlined by Trammell are:

1. NBC agrees to pay to ASCAP at the source 2J^%
on network commercial business while NBC’s managed and

(Continued on page 664)

August 8, 1941 — 663

Neville Miller, President C. E. Arney, Jr., Assistant to President

Edward M. Kirby, Director of Public Relations; Joseph L. Miller.
Director of Labor Relations ; Frank E. Pellegrin, Director of
Broadcast Advertising ; Paul F. Peter, Director of Research;
Russell P. Place, Counsel; Lynne C. Smeby, Director of Engineering

ASCAP ACCEPTS NBC PROPOSAL
(Continued from page 663)

operated stations will pay on local and national spot

business.

2. NBC agrees to pay at the source $200 per year for each
managed and operated and affiliated station on the NBC net¬
works for the use of ASCAP music on all network sustaining
and public service programs.

3. NBC’s managed and operated stations will pay ASCAP
the following fees on local sustaining programs: if the net
receipts of the station, from local business, are over $150,000,
twelve times the station’s half-hour rate; if between $50,000
and $150,000, twelve times the quarter-hour rate. A nominal
local sustaining license fee of $12 per year would be applied
to any stations earning less than $50,000 per year.

4. NBC’s new services of Frequency Modulation and In¬
ternational Shortwave Broadcasting will pay for the ASCAP
music on the same basis.

The new contracts will run to December 31, 1949. On that
date the contracts will be automatically e.xtended for any period
not in excess of nine years, for which ASCAP has the right to
contract for its members, with the understanding that if, for
the extended term, ASCAP demands an increase in fees to which
NBC is then unwilling to agree, the question of such increase
only would be determined by arbitration.

Mark Woods, vice president and treasurer of NBC, appeared
before the NAB Board of Directors on Thursday to explain in
great detail the proposed contract. He emphasized that there were
several questions still to be resolved by further negotiation.

After Mr. Woods’ talk, and after numerous questions had been
asked and answered, the Board adopted the following resolution:

The Board of Directors of the National Association of Broad¬
casters at its meeting in Washington today, authorized its Execu¬
tive Committee to offer within its discretion to meet with any
negotiators on music contracts and to cooperate with them in
devising terms for the use of music which will be as widely accept¬
able as possible.

The purpose of the resolution is to assure the inclusion in any
contract which may be negotiated with respect to the use of music,
of terms and conditions which will safeguard the interests of all
of the segments of the radio industry, independent and affiliate
stations, as well as networks.

Estimated Proposed

and Actual Music Fees on NBC Net'works

B.\sed on 1940 Business

Network Commercial License

Gross Time Sales .

Deductions

Time Discounts .

Agency Commission .

Wire Lines .

Sales Commission (15%)

Network Fee at 2^% .

Less Recapture 2%% Compensation

Net Network Commercial Fee .

Network .Sustaining License

$200 Per Station Per Year .

Total Net Network License .

M & O Licenses — Commercial

Net Time -Sales (Spot & Local) .

Deduction

Sales Commission (15%) .

Commercial Licenses at 2)4%
M & O Licenses — Sustaining

Stations at 12 x 3^4 Hr. Rate.

12 xK “ “ .

Sustaining Licenses .

'I'otal M N O Licenses .

Total Cost to NBC .

* Includes BMl stock — $36,320.

(Compiled by NBC)

ASCAP

Proposed Plan

BMI

- Reduced Est. 1940

Actual 1940 Rate Plan 12 Mo.

$50,663,000

$14,024,000

5,489,000

3,473,750

4,672,500

27,659,2-50

632,603

281,188

$23,003,750

351,415

—

(234 stations)

46 , 800

—

3,007,119

451,068

2,556,051

$398,215

— 80,000

$57,511

214,000 (5%)

37,464

2,304

$39,768

196,000

$97,279

$410,000

80,000

181

$495 , 494

$410,000

$160,000

181

664 — August 8, 1941

BAN ON MULTIPLE OPERATION

Ban on more than one standard broadcast station under the
same ownership serving a substantial portion of the same area
is proposed by the Federal Communications Commission, which
has drafted a proposed rule to that effect and has scheduled oral
argument on the same for October 6 next.

In an order issued August S, which was drafted upon instructions
of the Commission en banc at its previous meeting, the Commis¬
sion expresses the opinion that public interest, convenience and
necessity may be served by prohibiting such multiple operation.
Accordingly, it proposes a new section (Section 3.35) to the
Rules Governing Standard Broadcast Stations to become effective
immediately upon adoption. However, with respect to existing
stations the effective date would be 90 days from the date on
which the rule might be adopted, with provision for extension of
time where orderly disposition of properties may be necessary.

The ban would apply to persons under common control, as
well as to individuals. The word “control” in this connection
would not be limited to majority stock ownership but would
include “actual working control in whatever manner exercised.”

The contemplated rule has a basis in certain restrictions now
applicable to multiple operation of FM (frequency modulation)
and television stations. However, it differs in that it imposes
no limitation on the total number of standard broadcast stations
which may be owned or controlled by the same person so long
as they serve different areas.

All interested persons are afforded opportunity to file briefs and
to appear before the Commission en banc on the October date and
argue orally for or against adoption of the proposed rule. The
briefs may be filed up to within two weeks of the oral argument.

Order No. 84

Whereas, The Commission is of the opinion that public
interest, convenience and necessity may be served by adoption
of the following proposed rule:

“Section 3.35 — Multiple ownership, (a) No person (including
all persons under common control “"I shall, directly or in¬
directly, own, operate or control a standard broadcast station
that would serve a substantial portion of the area served by
another standard broadcast station owned, operated or con¬
trolled by such person.

(b) This rule is to take effect immediately. Provided,
however, that with respect to persons (including all persons
under common control "”) who now directly or indirectly
own, operate or control a standard broadcast station serving
a substantial portion of the area served by another standard
broadcast station owned, operated, or controlled by such
persons, the effective date of this rule shall be six months
from date; provided, further, that with respect to such
persons the Commission may extend the effective date of this
rule from time to time in order to permit the orderly disposition
of properties.”

The word ‘control’ as used herein is not limited to majority stock owner¬
ship but includes actual working control in whatever manner exercised. See
Rule 3.108 for the definition of ‘control’ in regulations pertaining to chain
broadcasting.

Whereas, the Commission is of the opinion that it will best
conduce to the proper dispatch of business and to the ends of
justice that all interested persons be given an opportunity to file
briefs and to appear before the Commission and argue orally
why the above proposal should not be adopted or why it should
not be adopted in the form proposed by this order.

Now, Therefore, It is Hereby Ordered, That oral argument be
held before the Commission en banc on October 6, 1941, at 10:00
a. m., at which time all interested persons will be given an oppor¬
tunity to appear and present argument as to why the above pro¬
posed rule should not be adopted or why it should not be adopted
in the form proposed by this Order, and that briefs may be filed
at any time up to two weeks prior to such argument.

Federal Communications Commission,

T, J. Slowie,
Secretary.

INVESTIGATION ASKED

Senator Clark (D.-Mo.) on August 1, introduced a resolution
calling for a Senate investigation of “any propaganda disseminated
by motion pictures and radio or any other activity of the motion
picture industry to influence public sentiment in the direction of
participation by the United States in the present European war.”
The resolution (S.R. 152) was referred to the Interstate Commerce
Committee which ordered a hearing Wednesday, September 3.

Newspaper Hearing

Chairman James L. Fly on August 1 ordered the legal staff of the
Federal Communications Commission to take steps to force two
newspaper executives to testify at the inquiry into newspaper
ownership of radio stations.

The order came after Elisha Hanson, counsel for the American
Newspaper Publishers Association, had told the Commission for
the second time that it was conducting an unlawful and illegal in¬
quiry and that he had advised the executives not to appear.

Those facing action are Edwin S. Friendly, business manager of
the New York Sun, and James G. Stahlman, publisher of the Nash¬
ville Banner, former president of the publishers association. Mr.
Stahlman now is on active duty with the Navy as a lieutenant
commander.

The names of the two executives were called as the Commission
began its hearing and Mr. Hanson stepped forward to announce
that they had been advised to ignore several subpoenas served
on them.

Copies of subpoenas and letters to the men were placed formally
in the hearing record over objections by Mr. Hanson.

Thomas E. Harris, assistant FCC counsel, told reporters that the
Federal district court would be asked for an order forcing the ap¬
pearance of the witnesses. He added that if such an order were
issued and the men ignored it they could be cited for contempt of
court.

Estimate of NBC - ASCAP Plan Applied to Entire Industry

1940 Basis

(NAB Research Department)

Payments by all stations on Spot and Local Time Sales . $1,425,709

Payments on Network Payments to Affiliates and M & O Stations . _ . 760,084

Payments by Networks on retained time sales less wire lines and sales commissions . 486,072

Sustaining Fees paid by Networks ($200 per affiliate) . 107,200

Sustaining Fees paid by all stations (approximate) . 360,000

Total Estimated Payments to ASCAP . $3,139,065

August 8, 1941 — 665

He declared that the FCC could seek an immediate Federal
court action for criminal contempt, but that this method probably
would not be used because it would involve grand jury action and
long procedure and possible jailing of the executives.

“We don’t want to put them in jail,” he stated.

Last week similar subpoenas were ignored on advice of counsel
by Arthur Robb, editor of Editor and Publisher, and William A.
Thomson, director of the advertising bureau of the publishers asso¬
ciation, but no action has been taken to force their appearance.

When Mr. Friendly and Mr. Stahlman failed to appear, L. D.
Lloyd, FCC attorney, said that he had planned to question them
about a number of exhibits obtained by FCC investigators from
the publishers organization. He added that he had asked officials
of the association for certification of these exhibitors.

“The material will not be forthcoming,” Mr. Hanson interposed.

Chairman Fly asked Mr. Lloyd whether there was any question
concerning accuracy of the exhibits.

“None whatever,” the attorney replied.

“Just a minute,” Mr. Hanson interrupted. He stated that the
exhibits might be inaccurate or unrevised proofs, that proceedings
of the publishers’ convention were not public and that only part of
convention proceedings were published, for the benefit of members
and trade publications.

Mr. Fly accepted the first exhibit, which was a purported recom¬
mendation by the association’s radio committee to a 1932 conven¬
tion that radio and newspaper advertising be placed on the same
basis through a Federal law banning lotteries on the radio.

Paul W. White of the Columbia Broadcasting System testified
that the “dark ages” when newspapers and radio battled over the
right to broadcast news had passed and that the public had become
accustomed to “all the news and it will not tolerate restrictions.”
He declared that the United States was the “best-informed country
in the world” as a result of the present relationship between news¬
papers, press associations and the radio broadcasting industry.

Officials of two news gathering organizations, Lloyd Stratton,
assistant general manager of the Associated Press, and Joseph V.
Connolly, president of King Features Syndicate, of which Inter¬
national News Service is a department, testified that there was now
no restriction on the availability of news for use on the radio.

James W. Barrett, who served as editor of the Press-Radio
Bureau, testified that the bureau received news reports from the
three major news-gathering organizations without cost, processed
it for broadcasting and supplied it to radio stations for $12.50 a
month. He said that the National Broadcasting Company and the
Columbia Broadcasting System paid expenses of the bureau from
1934 to 1938.

He stated that at first the news broadcasts were restricted as to
time to enable newspapers to publish news ahead of the radio, but
that these restrictions were modified gradually until major news¬
gathering organizations were selling a special radio report directly.

“What did the press get out of this, simply a restriction on com¬
petition, from broadcasting?” Mr. Fly asked.

Mr. Barrett said that newspaper publishers had been bothered
with outlaw competition in which radio stations “pirated news”
before it reached newspaper readers and that this was a factor in
formation of the bureaus.

The hearing was recessed until September 17.

Sanders Introduces Amendments
to FCC Law in House

Representative Sanders (D.-La.) introduced a bill August S to
make broad changes in the Federal Communications Act of 1934.
Introduction of the Sanders Bill followed by only a few days the
introduction of the White Bill in the Senate (N.\B Reports, p.
643). Mr. Sanders made the following statement:

A bill entitled “To .^mend the Communications .\ct of 1934,
and For Other Purposes” was introduced today by Mr. Sanders.
In general, it provides for (1) a reorganization of the Federal Com-

666 — August 8, 1941

munications Commission, (2) changes in the procedure before that
Commission, (3) clearer definitions of interests and rights of
licensees and applicants, including rights of appeal, and (4) reports
and recommendations by the Commission to the Congress on vari¬
ous matters of present importance, including the question of whether
or not the Congress should redefine and fix the qualifications of the
licensees of radio broadcast stations.

Sections 1 to 6, inclusive, and 9 to 10, inclusive, of the Bill rep¬
resent recommendations recently made by the executive committee
of the Federal Communications Bar Association, and cover the first
three purposes listed above. In this respect, it is noted that the
same recommendations are included in a Bill (S. 1806) introduced
in the Senate on July 31. In other respects, the bills seek to ac¬
complish different purposes. While the Senate Bill, in its Sections
7 to 11, inclusive, appears to relate to equalities of rights and oppor¬
tunities in the use of radio for public discussion and the matter
of censorship, this Bill, in its Section 7, provides that the Federal
Communications Commission shall make studies and reports to the
Congress upon certain specified proposals. The provisions of this
section are as follows:

“The Commission shall study the following proposals and
shall report to Congress not later than July 1, 1942, its recom¬
mendations thereon together with the reasons for the same:

1. Whether and upon what terms and conditions Congress
shall by statute confer upon the Commission the power
to regulate the contractual or other relations between the
licensees of radio broadcast stations and networks or other
organizations which supply program material to such
licensees.

2. Whether and upon what terms and conditions the Con¬
gress shall provide by statute for the licensing of net¬
works.

3. Whether and in what terms the Congress shall by statute
redefine and fix the qualifications of the licensee of any
radio station which is intended to and does communicate
with the public.

4. Whether and upon what terms and conditions the Con¬
gress shall by statute limit the number of services which
may be conducted by any network organization and the
number of stations of any class which may be licensed
to any network organization.

“The Commission shall report to the Congress not later than
January 1, 1942, the standards and principles adopted by it to
effectuate the mandate contained in Section 307 (b) of the
Communications Act of 1934, as amended, which requires the
Commission to make and maintain a fair, efficient and equitable
distribution of radio facilities among the several states and
communities together with its recommendations, if any, for
further legislation on this subject.

“The Commission shall report to Congress not later than
January 1, 1942, the steps taken and the policies adopted by
it to effectuate the purposes of Section 303 (g) of the Com¬
munications Act of 1934, as amended, insofar as those pur¬
poses have application to the larger and more effective use of
radio by stations which are intended to and do communicate
with the public.”

In my judgment the Congress should review the facts and prob¬
lems incident to each of the foregoing subjects after the Commis¬
sion has stated them to us in their simplest terms. The Bill which
I have introduced requests the Commission to study and report
with recommendations on each of these subjects. By this method
I believe that the Congress can best utilize the knowledge and ex¬
perience of the Commission and its personnel, and, based upon
this, determine what future policies should be.

In this connection it must be borne in mind that virtually all of
the substantive provisions of the present law are 14 years old.
They were first written into the Radio Act of 1927, at which time
the radio industry was an infant industry and the knowledge of the
Congress was necessarily limited. In 1934, when the present law
was enacted, it did little more than to adopt then existing provisions
of the Radio Act of 1927. Many new problems have arisen and
many old problems have been given greater importance since any
comprehensive attempt at legislation has been made in this field.
I have attempted to direct the attention of the Congress to some
of the most pressing and important problems in a manner in which
I think they can be most speedily and effectively dealt with.

77th Congress
1st Session

H. R. 5497

IN THE HOUSE OF REPRESENTATIVES

Mr. Sanders introduced the following bill ; which was referred to
the Committee on Interstate & Foreign Commerce.

A BILL

TO AMEND THE COMMUNICATIONS ACT OF 1934, AND
FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section
3 of Title I of the Communications Act of 1934 be amended by-
adding after paragraph (aa) of said section the following:

“(bb) The term “construction permit” or “permit for con¬
struction” means that instrument of authorization required by
this Act for the construction of apparatus for the transmission
of energy, or communications, or signals by radio, by what¬
ever name designated by the Commission.

“(cc) The term “license”, “station license”, or “radio station
license” means that instrument of authorization required by
this Act, or the Rules and Regulations of the Commission
enacted pursuant to this Act, for the use or operation of ap¬
paratus for the transmission of energy, or communications,
or signals by radio, by whatever name designated by the
Commission.”

SEC. 2. Amend paragraph (b) of section 4 of said Title I by
striking out the last sentence of said paragraph and by inserting in
lieu thereof the follow'ing:

“Not more than four members of the Commission and not
more than tw'o members of either division thereof shall be
members of the same political party.”

SEC. 3. Amend section 5 of said Title I by striking out the
whole of said section and by inserting in lieu thereof the follow¬
ing:

“(a) The members of the Commission other than the
Chairman shall be organized into two divisions of three mem¬
bers each, said divisions to be known and designated as the
Division of Public Communications and the Division of
Private Communications and no member designated or ap¬
pointed to serve on one division shall have or exercise any
duty or authority with respect to the w'ork or functions of the
other division, except as hereinafter provided. The President
shall designate the Commissioners now in office who shall
serve upon a particular division but all Commissioners other
than the Chairman subsequently appointed shall be appointed
to serve upon a particular division and the Chairman sub¬
sequently appointed shall be appointed to serve in that
capacity.

“(b) The Division of Public Communications shall have
jurisdiction over all cases and controversies arising under the
provisions of this Act and the rules and regulations of the
Commission enacted pursuant to this Act relating to wire and
radio communications intended to be received by the public
directly, and shall make all adjudications involving the inter¬
pretation and application of those provisions of the Act and
of the Commission’s regulations.

(c) The Division of Private Communications shall have
jurisdiction over all cases and controversies arising under the
provisions of this Act and the rules and regulations of the
Commission enacted pursuant to this Act relating to wire and
radio communications by a common carrier or carriers, or
which are intended to be received by a designated addressee
or addressees, and shall make all adjudications involving the
interpretation and application of those provisions of the Act
and of the Commission’s regulations.

“(d) The whole Commission shall have and exercise juris¬
diction over the adoption and promulgation of all rules and

regulations of general application authorized by this Act, in¬
cluding procedural rules and regulations for the Commission
and the divisions thereof ; over the assignment of bands of
frequencies to the various radio services ; over the qualifi¬
cation and licensing of all radio operators; over the selection
and appointment of all officers and other employees of the
Commission and the divisions thereof ; and generally over all
other matters with respect to which authority is not otherwise
conferred by the other provisions of this Act. In any case
where a conflict arises as to the jurisdiction of the Commission
or any division thereof, such question of jurisdiction shall be
determined by the whole Commission.

“(e) The Chairman of the Commission shall be the chief
executive officer of the Commission. It shall be his duty to
preside at all meetings and sessions of the whole Commission,
to represent the Commission in all matters relating to legis¬
lation and legislative reports, to represent the Commission or
any division thereof in all matters requiring conferences or
communications with representatives of the public or other
governmental officers, departments, or agencies, and generally
to coordinate, and organize the work of the Commission and
each division thereof in such manner as to promote prompt
and efficient handling of all matters wdthin the jurisdiction of
the Commission. The Chairman of the Commission shall not
be a member of or serve upon either of said divisions, except
that in the case of a vacancy or the absence or inability of
any Commissioner appointed to serve thereon, the Chairman
may temporarily serve on either of said divisions with full
power as a member thereof until the cause or circumstance
requiring said service shall have been eliminated or corrected,
“(f) Each division of the Commission shall choose its
own chairman, and, in conformity with and subject to the
foregoing provisions of this section, shall organize its member¬
ship and the personnel assigned to it in such manner as will
best serve the prompt and orderly conduct of its business.
Each division shall have power and authority by a majority
thereof to hear and determine, order, certify, report, or other¬
wise act as to any of said work, business, or functions over
which it has jurisdiction. .Any order, decision, report made,
or other action taken by either of said divisions with respect
to any matter within its jurisdiction, shall be final and conclu¬
sive. Except as otherwise provided by said Communications
.\ct of 1934 as hereby amended. The secretary and seal of the
Commission shall be the secretary and seal of each division
thereof.

“(g) In the case of a vacancy in the office of the Chairman
of the Commission or the absence or inability of the Chairman
to serve, the Commission may temporarily designate and ap¬
point one of its members to act as Chairman of the Commis¬
sion until the cause or circumstance requiring said service shall
have been eliminated or corrected. During the temporary
service of any such commissioner as Chairman of the Com¬
mission, he shall continue to exercise the other duties and
responsibilities which are conferred upon him by this Act.

“(h) The term "Comn)ission” as used in this Act shall be
taken to mean the whole Commission or a division thereof as
required by the context and the subject matter dealt with.
The term “cases and controversies”, as used herein, shall be
taken to include all adversary proceedings whether judicial
or quasi-judicial in nature, and whether instituted by the Com¬
mission on its own motion or otherwise, and the term “adjudi¬
cations” means the final disposition of particular cases, con¬
troversies, applications, complaints, or proceedings involving
named persons or named res.”

SEC. 4. Amend paragraph (a) of section 308 of Title HI by
striking out all appearing before the first proviso clause in said
paragraph and inserting in lieu thereof the following:

“The Commission may grant instruments of authorization
entitling the holders thereof to construct or operate apparatus
for the transmission of energy, or communications, or signals
by radio only upon written application therefor received by it.”

SEC. 5. Amend section 309 of said Title HI by striking out the
whole of said section and inserting in lieu thereof the following:

“(a) If upon examination of any application provided for
in Section 308 hereof, the Commission shall determine (1)
that public interest, convenience or necessity would be
served by the granting thereof, and (2) that such action
would not aggrieve or adversely affect the intei'est of any
licensee, applicant or other person, it shall authorize the

August 8, 1941 — 667

issuance of the instrument of authorization for which appli¬
cation is made in accordance with said findings.

“(b) If upon examination of any such application the Com¬
mission is unable to make either or both of the findings speci¬
fied in paragraph (a) hereof, it shall designate the application
for hearing and forthwith notify the applicant and other
parties in interest of such action and the grounds or reasons
therefor. Any hearing subsequently held upon such applica¬
tion shall be a full hearing in which the applicant and all
other parties in interest, whether originally notified by the
Commission or subsequently admitted as interveners, shall be
permitted to participate. Such hearing shall be preceded by a
notice to all such parties in interest specifying with particu¬
larity the matters and things in issue and not including issues
or requirements phrased generally or in the words of the
statute.

“(c) When any instrument of authorization is granted by
the Commission without a hearing, as provided in paragraph

(a) hereof, such grant shall remain subject to protest as
hereinafter provided, for a period of thirty days. During
such thirty-day period, any person who would be entitled to
challenge the legality or propriety of such grant under the
provisions of Section 402 of this Act may file a protest
directed to such grant, and request a hearing on said applica¬
tion so granted. Any protest so filed shall contain such alle¬
gations of fact as will show the protestant to be a proper
party in interest and shall specify with particularity the mat¬
ters and things in issue but shall not include issues or allega¬
tions phrased generally or in the words of the statute. Upon
the filing of such protest, the application involved shall be
set for hearing upon the issues set forth in said protest and
heard in the same manner in which applications are heard
under paragraph (b) hereof. Pending hearing and decision
upon said protest, the effective date of the Commission’s
action to which said protest is directed shall be postponed
to the date of the Commission’s decision after hearing unless
the authorization involved in such grant is necessary to the
maintenance or conduct of an existing service, in which event
the Commission shall authorize the applicant to utilize the
facilities or authorization in question pending the Commis¬
sion’s decision after hearing on said protest.

“(d) Such station licenses as the Commission may grant
shall be in such general form as it may prescribe, but each
license shall contain, in addition to other provisions, a state¬
ment of the following conditions to which such license shall
be subject: (1) the station license shall not vest in the licensee
any right to operate the station nor any right in the use of
the frequencies designated in the license beyond the term
thereof nor in any other manner than authorized therein; (2)
neither the license nor the right granted thereunder shall be
assigned or otherwise transferred in violation of this Act ;
(3) every license issued under this Act shall be subject in
terms to the right or use or control conferred by Section
606 hereof.”

SEC. 6. Amend paragraph (b) of section 310 of said Title III
by striking out the whole of said paragraph and by inserting in
lieu thereof the following:

“No instrument of authorization granted by the Com¬
mission entitling the holder thereof to construct or operate
radio apparatus shall be transferred, assigned, or disposed
of in any manner, voluntarily or involuntarily, directly or
indirectly, or by transfer of control of any corporation hold¬
ing such instrument of authorization, to any person except
upon application to the Commission and upon a finding by
the Commission that the proposed transferee or assignee is
capable of constructing or operating under such instrument
of authorization in the public interest, convenience and neces¬
sity. The procedure to be employed in the handling of such
applications shall be that provided in Section 309 of this Act,
as amended.”

SEC. 7. Add to said Title III the following new section:

Sec. 330 (a) The Commission shall study the following pro¬
posals and shall report to Congress not later than July 1,
1942 its recommendations thereon together with the reasons
for the same:

1. Whether and upon what terms and conditions Congress
shall by statute confer upon the Commission the power
to regulate the contractual or other relations between
the licensees of radio broadcast stations and networks

or other organizations which supply program material
to such licensees.

2. Whether and upon what terms and conditions the Con¬
gress shall provide by statute for the licensing of net¬
works.

3. Whether and in what terms the Congress shall by statute
redefine and fix the qualifications of the licensee of any
radio station which is intended to and does communicate
with the public.

4. Whether and upon what terms and conditions the Con¬
gress shall by statute limit the number of services which
may be conducted by any network organization and
the number of stations of any class which may be licensed
to any network organization.

(b) The Commission shall report to Congress not later
than January 1, 1942, the standards and principles adopted
by it to effectuate the mandate contained in Section 307 (b)
of the Communications Act of 1934, as amended, which re¬
quires the Commission to make and maintain a fair, efficient
and equitable distribution of radio facilities among the several
states and communities together with its recommendations,
if any, for further legislation on this subject.

(c) The Commission shall report to Congress not later
than January 1, 1942, the steps taken and the policies adopted
by it to effectuate the purposes of Section 303 (g) of the
Communications Act of 1934, as amended, insofar as those
purposes have application to the larger and more effective
use of radio by stations which are intended to and do com¬
municate with the public.

SEC. 8. Amend Section 402 of Title IV by striking out the whole
of said section and by inserting in lieu thereof the following:

“(a) The provisions of the Act of October 22, 1913 (38
Stat. 219), as amended, relating to the enforcing or setting
aside of orders of the Interstate Commerce Commission are
hereby made applicable to suits to enforce, enjoin, set aside,
annul or suspend any order of the Commission under this
Act (except those appealable under the provisions of para¬
graph (b) hereof), and such suits are hereby authorized to
be brought as provided in that Act. In addition to the venues
specified in that Act, suits to enjoin, set aside, annul or sus¬
pend, but not to enforce, any such order of the Commission
may also be brought in the District Court for the District
of Columbia.

“(b) Appeals may be taken from decisions and orders of
the Commission to the Circuit Court of Appeals of the United
States within any circuit wherein the appellant resides or has
his principal place of business, or to the United States Court
of Appeals for the District of Columbia in any of the following
cases:

“(1) By an applicant for any instrument of authorization
required by this Act, or the regulations of the Com¬
mission enacted pursuant to this Act, for the con¬
struction or operation of apparatus for the transmission
of energy, or communications, or signals by radio whose
application is denied by the Commission.

“(2) By any party to an application for authority to assign
any such instrument of authorization or to transfer
control of any corporation holding such instrument of
authorization whose application is denied by the Com¬
mission.

“(3) By any applicant for the permit required by Section
325 of this Act or any permittee under said section
whose permit has been modified, revoked or suspended
by the Commission.

“(4) By any other person who is aggrieved or whose in¬
terests are adversely affected by any order of the
Commission granting or denying any application de¬
scribed in sub-paragraphs (1), (2) and (3) hereof.

“(S) By the holder of any instrument of authorization
required by this Act, or the regulations of the Com¬
mission enacted pursuant to this Act, for the con¬
struction or operation of apparatus for the transmission
of energy, or communications, or signals by radio,
which instrument has been modified, revoked, or sus¬
pended by the Commission.

“(6) By any radio operator whose license has been revoked
or suspended by the Commission.

“(c) Such an appeal shall be taken by filing a Notice of
Appeal with the appropriate court within thirty days after the

668 — August 8, 1941

entry of the order complained of. Such Notice of Appeal shall
contain a concise statement of the nature of the proceedings
as to which appeal is taken; a concise statement of the
reasons on which the appellant intends to rely, separately

stated and numbered; and proof of service of a true copy

of said notice and statement upon the Commission. Upon
the filing of such notice, the Court shall have exclusive
jurisdiction of the proceeding and of the questions determined
therein and shall have power, by order directed to the Com¬
mission or any other party to the appeal, to grant such

temporary relief as it may deem just and proper. Orders
granting temporary relief may be either affirmative or nega¬
tive in their scope, and application and may be such as to
permit either the maintenance of the status quo in the matter
in which the appeal is taken or the restitution of a position or
status terminated or adversely affected by the order appealed
from and shall, unless otherwise ordered by the court, be
effective pending hearing and determination of said appeal
and compliance by the Commission with the final judgment
of the court rendered in said appeal.

“(d) Upon the filing of any such Notice of Appeal, the
Commission shall, not later than five days after date of service
upon it, notify each person shown by the records of the
Commission to be interested in said appeal of the filing and
pendency of the same and shall thereafter permit any such
person to inspect and make copies of said notice and state¬
ment of reasons therefor at the office of the Commissjon in
the City of Washington. Within thirty days after the filing
of an appeal, the Commission shall file with the court a copy
of the order complained of, a full statement in writing of the
facts and grounds relied upon by it in support of the order
involved upon said appeal, and the originals or certified copies
of all papers and evidence presented to and considered by
it in entering said order.

“(e) Within thirty days after the filing of an appeal any
interested person may intervene and participate in the pro¬
ceedings had upon said appeal by filing with the Court a
Notice of Intention to Intervene and a verified statement show¬
ing the nature of the interest of such party, together with
proof of service of true copies of said Notice and statement,
both upon appellant and upon the Commission. Any person
who would be aggrieved or whose interests would be adversely
affected by a reversal or modification of the order of the
Commission complained of shall be considered an interested
party.

“(f) The record upon which any such appeal shall be heard
and determined by the court shall contain such information
and material and shall be prepared within such time and in
such manner as the court may by rule prescribe.

“(g) At the earliest convenient time the court shall hear and
determine the appeal upon the record before it and shall have
power upon such record to enter judgment affirming or revers¬
ing the order of the Commission. As to the findings, conclu¬
sions and decisions of the Commission, the court shall consider
and decide so far as necessary to its decision and where raised
by the parties, all relevant questions of (1) constitutional right,
power, privilege, or immunity; (2) the statutory authority or
jurisdiction of the Commission; (3) the lawfulness and ade¬
quacy of Commission procedure; (4) findings, inferences, or
conclusions of fact unsupported, upon the whole record, by
substantial evidence; and (5) administrative action otherwise
arbitrary or capricious.

“(h) In the event that the court shall render a decision and
enter an order reversing the order of the Commission, it shall
remand the case to the Commission to carry out the judgment
of the court and it shall be the duty of the Commission, in the
absence of proceedings to review such judgment, to forthwith
give effect thereto, and unless otherwise ordered by the court,
to do so upon the basis of the proceedings already had and the
record upon which said appeal was heard and determined.
The court’s judgment shall be final, subject, however, to re¬
view by the Supreme Court of the United States upon writ of
certiorari on petition therefor under Section 240 of the Judicial
Code, as amended, by appellant, by the Commission, or by
any interested party intervening in the appeal.

“(i) The court may, in its discretion, enter judgment for
costs in favor of or against an appellant, or other interested
parties intervening in said appeal, but not against the Commis¬
sion, depending upon the nature of the issues involved upon
said appeal and the outcome thereof.

SEC. 9. Amend section 40S of said Title IV by striking out the
whole thereof and by inserting in lieu thereof the following;

“Sec. 405. After a decision, order, or requirement has been
made by the Commission or any division thereof in any pro¬
ceeding, any party thereto or any other person aggrieved or
whose interests are adversely affected thereby may petition for
rehearing. When the decision, order, or requirement has been
made by the whole Commission, the petition for re-hearing
shall be directed to the whole Commission ; when the decision,
order, or requirement is made by a division of the Commission,
the petition for rehearing shall be directed to that division ;
petitions directed to the whole Commission requesting a rehear¬
ing in any matter determined by a division thereof shall not
be permitted or considered. Petitions for rehearing must be
filed within thirty days from the entry of any decision, order
or requirement complained of and except for those cases in
which the decision, order or requirement challenged is neces¬
sary for the maintenance or conduct of an existing service,
the filing of such a petition shall automatically stay the
effective date thereof until after decision on said petition.
The filing of a petition for rehearing shall not be a con¬
dition precedent to judicial review of any such decision,
order or requirement, except where the party seeking such
review was not a party to the proceedings before the Com¬
mission resulting in such decision, order or requirement, or
where the party seeking such review relies on questions of
fact or law upon which the Commission has been afforded no
opportunity to pass. Rehearings shall be governed by such
general rules as the Commission may establish but any deci¬
sion, order, or requirement made after such rehearing reversing,
changing, or modifying the original determination shall be sub¬
ject to the same provisions as an original order.”

SEC. 10. Amend paragraph (a) of section 409 of said Title IV by
striking out the whole of said paragraph and by inserting in lieu
thereof the following:

“(a) In all cases where a hearing is required by the pro¬
visions of this Act, or by other applicable provisions of law,
such hearing shall be a full and fair hearing. Hearings may
be conducted by the Commission or a division thereof having
jurisdiction of the proceeding or by any member or any quali¬
fied employee of the Commission when duly designated for
such purpose. The person or persons conducting any such
hearing may sign and issue subpenas, administer oaths, ex¬
amine witnesses, and receive evidence at any place in the
United States designated by the Commission. In all cases,
whether heard by a quorum of the Commission or a division
thereof, or by any member or qualified employee of the Com¬
mission, the person or persons conducting such hearing shall
prepare and file an intermediate report setting out in detail
and with particularity all basic or evidentiary facts developed
by the evidence as well as conclusions of fact and of law upon
each issue submitted for hearing. In all cases the Commission,
or the division having jurisdiction thereof, shall, upon request
of any party to the proceeding, hear oral argument on said
intermediate report or upon such other and further issues as
may be specified by the Commission or the division and such
oral argument shall precede the entry of any final decision,
order or requirement. Any final decision, order or require¬
ment shall be accompanied by a full statement in writing of
all the relevant facts as well as conclusions of law upon those
facts.”

CONVENTION IN CLEVELAND

In conformity with the advisory ballot taken at the St. Louis
convention, the NAB Board on Wednesday fixed the 1942 conven¬
tion for May 11-14 at Cleveland. Contracts for a convention hotel
are being negotiated.

DAYLIGHT SAVING

Hearings were held before the House Committee on Interstate
and Foreign Commerce August 5, 6, and 7 on H. R. 5343, a bill to
authorize the President to establish daylight saving time in such
areas and for such periods of time as he deems necessary to con¬
serve electrical energy or otherwise to promote the national de¬
fense. Maximum daylight saving time under this bill would not
be more than two hours in advance of standard time.

August 8, 1941 — 669

The NAB, represented at the hearings by Robert Myers, Assistant
Director of Research, urged enactment of legislation which will
provide for nation-wide daylight saving time, in conformity with
the Convention resolution adopted in St. Louis. The resolution
itself was read into the record. N.'Ml support of the Keough and
McLean bills which would provide for uniform observance of
daylight saving time throughout the nation was mentioned. The
problems of the industry incident to the switches to and from day¬
light saving time were reviewed.

BMI NOTES

A Song from the Heart

J. Russell Robinson, composer of Margie, Mary -Lou, and many
of the great hits of American song history, has written a new BMI
tune with .'Vndy Razaf entitled I’ll Be ,4 Good Soldier, Too. In
answer to the question “How did you come to write it,” Mr.
Robinson has given us the following story:

\ majority of tunesmiths are ever on the alert for new melodic
ideas. For many years I have had the habit of seeking first the
title or lyrical idea for a new song, and then have always been able
to construct a chorus melody with which to wed a lyric, either one
written alone or in collaboration.

I have been wanting to produce something of a patriotic nature
for the last several years. In fact, two of my unpublished songs
of such flavor have been sung over the netw'orks — TH.‘\NK OUR
YANKEE STARS and HOORAY FOR OUR SIDE OF THE
OCEAN. Tho’ both songs w'ere stirring to the emotions and well
liked by the singers they didn't seem to get a good public reaction.
Nothing daunted, I still kept my ear attuned, feeling that some¬
where, somehow I would get the right kind of an idea for a patri¬
otic song which w'ould have real heart appeal to everyone.

While visiting with a sister-in-law, her husband and two sons,
several months ago it came. The eldest son, just twenty-two years
of age had been called by his local board only two days before my
visit. The mother was taking it very hard and could hardly keep
her tears back when telling me of it. The son walked in while w'e
were conversing and started telling me how he looked forward to
camp life in the service of his country.

She burst into tears, then suddenly her son said, “Aw, Mom, why
don’t you be a good soldier about it, it’s probably the best thing
that ever happened to me,”

With that remark she seemed to gain control of her emotion
and at the same moment I said, “Boy, what a song idea you just
handed your Flncle Russell ! I’ve got the title and thought that
should appeal to every woman, mother, wife, sister, aunt, grand¬
mother or even a MOTHER-IN-LAW, right out of your answer
to your mother,— I’LL BE A GOOD SOLDIER, TOO.”

An Artistic Success

Despite ASC.4P’s conviction that BMI would not be able to
develop new songwriters who could satisfactorily entertain the
radio audience, BMI has been able to produce a group of current
song hits which compare favorably with any group of hits at any
given time in the past twenty years. In addition to its obliga¬
tion to provide good music to its subscribers, BMI feels that it
has an obligation to the writers of these tunes and plans to pro¬
mote their work.

As the music situation now stands, talented songwriters have
two alternatives:

1. Ready cash from BMI which pays on a performance basis
regardless of seniority and leaves its writers completely free
to do anything which they wish to do in their own interest.

2. ASCAP, which ties its writers to ten year contracts calling
for their entire output, bases its payments to writers on con¬
tribution to the Society as well as on seniority, and promises
a pension based on a continuous flow of creative genius.

Chief complaint of the young writer under the ASCAP system
has been that he has not been compensated for the radio per¬
formance of his best work. Many writers produce their best songs

in their early youth. These songs have a fresh note, are eagerly
accepted by the public — they climb to the Hit Parade. The pub¬
lishers are liberally compensated for them, but the writers do not
receive a penny from performances until they have become estab¬
lished creators and assure ASCAP that they can produce hits year
after year. This is one reason the legend of the “starving song¬
writer” has persisted. We will probably hear less of it from now
on as BMI has demonstrated that anyone with talent can earn
substantial sums from air performance regardless of age.

Foremost of the many hundred songwriters who have found
opportunity with BMI follow:

Ale.x Kramer, Hy Zaret, Joan Whitney — So You’re the One,
It All Comes Back To Me Now, My Sister and I.

Alex Kramer, Joan Whitney — High On A Windy Hill.

Hy Zaret, Irving Weiser — There I Go.

Jack Owens — Hut Sut Song, Hi, Neighbor.

Bernie Wayne, Ben Raleigh — You Walk By, Wasn’t It You.

Robert Sour, Ernest Gold, Don McCray — Practice Makes Per¬
fect, Come Down To Earth, My Angel, You’re A Mystery To Me.

Robert Sour, Una Mac Carlisle — Walkin’ By the River, I See A
Million People.

Don McCray, Ernest Gold — Accident'ly On Purpose, Painted
Desert Lullaby.

Ernest Gold — The Shining Hour, Blue Grass Regions.

Helen Bliss — I Went Out Of My Way, I Could’ve Told You So.

Michael Field, Newt Oliphant — The Same Old Story.

Joe Ricardel — The Wise Old Owl.

Norman Weiser, Louis Urban — Here’s My Heart.

Jean Barrv, Leah Worth — The Old Jalop, I’ve Got A Date
With A Gate.

Betty Barton, Buddy Arnold, Jack Gould — What D’Ya Hear
From Your Heart.

Henry Manners, Robert Sour — We Could Make Such Beautiful
M usic.

Henry Manners, Jimmie Shirl — Braggin’, Good Evening’, Good
Lookin’, Delilah, That Linger'mg Longing.

Laurette Carroll — Phantom In the Dark.

Sano Marco, Jack Erickson — May I Never Love Again.

Sylvia Dee — Talking To the Wind, So Ends Our Night.

Bill Hampton, George Duning — I Can't Remember To Forget.

Paul Kulthau, Johnny Messner — Toy Piano Mimiet, Toy Piano
Jump, Clarinet In A Haunted House.

Jerry Bowne, Frank de Vol — Friendly Tavern Polka.

The Independent Publisher Comments

,M Debin, of Porgie, Debin and Friedman, BMI affiliated pub¬
lisher which produced the outstanding hit Just A Little Bit
South of North Carolina, has the following comment to make
regarding the negotiations looking to the return of ASCAP music
to the NBC networks: “We believe that the song business is pri¬
marily a matter of discovering and promoting good songs. Our
opportunity to do this w’ill be just as great as ever with ASCAP
music on the air and I feel that regardless of the greater prestige
and financial strength of the ASCAP publishing houses both
broadcasters and bandleaders will see that the ‘little fellow’ is
protected.”

Radio Tunes, Inc.

New songs to be promoted by Radio Tunes, Inc,, BMI sub¬
sidiary, will be, / See .4 Million People by Lina Mae Carlisle
and Bob Sour; .4 Little. Bit of Dark by Roy Jacobs, writer of
Boogily Woogily Piggy and Johnny Murphy; and I Want To Be
.4 Good Soldier, Too by J. Russell Robinson and Andy Razaf.

.4 Little Bit of Dark will have a solid week of introduction
from Johnny Long at the Hotel New Yorker beginning Friday,
August 9th.

Radio Tunes, Inc., w'ill open offices in principal cities and
operate as a national organization. Phil Kornheiser will be the
General Manager.

Elmo White will be Professional Manager. Mr. White was first
known as a member of the vaudeville team of Murphy and White,
famous for their song and dance routine. When he entered the
music business, it was as a memlier of the [jrofessional depart¬
ment of Shapiro, Bernstein. His work attracted attention and
he was offered the Professional Managership of De Sylva, Brown

670 — August 8, 1941

& Henderson. For several years he alternated between that firm
and the Robbins Music Corp. He is the writer of When He Gave
Me You, Mother of Mine.

Harold Wald, a brother of Jerry Wald, is the first man selected
by Mr. White as a member of his staff.

Choose ‘Friendly Tavern’

The tavern industry has chosen BMI’s Friendly Tavern Polka
as their national theme song and plan to feature is prominently
in the promtion of nation-wide good-will for taverns. A series of
advertisements are being planned for the joint signature of tavern
groups and the song will form the theme of whatever advertising
the taverns plan to do on the air.

The Patriotic Rhythm

The Rhythm Is Red An’ White An' Blue, a BMI tune by
David Greggory and A1 Moss is featured in the RKO Dr. Chris¬
tian picture We Meet Again which has just been released. The
lyric rejoices in the manifold blessings of life in America pointing
out that “There’s no other place on earth where they use up two
Thanksgivings.”

BMI FEATURE TUNES
August 11 - August 18

1. I WENT OUT OF MY WAY

2. WASN’T IT YOU

3. ALL ALONE AND LONELY

4. HI, NEIGHBOR

5. YO TE AMO, OH BABY

6. MY SISTER AND I

7. BECAUSE OF YOU

8. THE RELUCTANT DRAGON

In preparation: A rhythm novelty, Delilah.

Lament to Love

Lament To Love the new torch song which has already been
recorded by four leading orchestras — Harry James, Sonny Dun¬
ham, Les Brown, and Lanny Ross — looks like a real hit. Its waiter
is no sophisticated oldster bored with little Dan Cupid, but a
iS-year-old Chicago schoolboy named Mel Towne. It’s Mel’s
first published song, and he didn’t know a thing about the pub¬
lication of his opus until his uncle came back from the offices of
the publisher, Roe-Krippene, and announced its acceptance.

Sales

Cash Discount Tabled

Fred Gamble, A.\AA Managing director, presented the agency
case for the cash discount principle before the NAB Board .August 7.
The matter was tabled without action.

Carnival Buys Time

Industry efforts to persuade circuses, carnivals, and other enter¬
tainment ventures to purchase radio time are having some effect,
as shown by this letter from S. Cisler, WGRC, Louisville;

“I wish you would put a good word in the Bulletin for Mr.
Naylor, advance man for the Bockman & Gerety Shows, a traveling
carnival, one of the largest in the world. Mr. Naylor bought his
spots at card rate, did not ask for any free time or try to chisel
the rate. He wrote good, clean, punchy copy; we gave him extra
good positions, and he got results. He bought more while still
here, and left very happy with business and with radio. Such
people ought to be encouraged. I hope other stations will watch
out for this show' that buys time, and give Mr. Naylor 100%
cooperation.”

Per-Inquiry and Free Time

rl. M. Matiies Agency, New York, is seeking free time on home
economics programs for STA-WAY, an insect repellant of the
National Carbon Co.

The Harhizon Studio, New York, a modeling school, is seek¬
ing per-inquiry deals, although it is understood to be paying
regular rates to magazines and other media,

Chicago, Kock Island & Paeitie Ky. Co., Chicago, is seeking
free time for a transcribed program under the guise of “national
defense” by telling listeners what railroads are doing in defense
preparations.

All the above have been invited to use radio on the proper basis.

Radio Needs Dealer Support

The necessity for constantly seeking recommendations for radio
advertising from local dealers should frequently be impressed upon
radio salesmen.

National spot business and local dealer-cooperative business as
well as added netw'ork business can effectively be increased only
with this sort of cooperation from local distributors and dealers.

Numerous national manufacturers can be persuaded to use radio
only if the sales efforts of those in the national field are supported
by an ever-increasing weight of local recommendations. An ex¬
cellent example of the effectiveness of this approach is contained
in a Radio Daily story August S, telling how the Trimount Cloth¬
ing Co. used radio for the first time in 1940 with spot announce¬
ments on five stations, later expanding to additional outlets, and
now has signed for a fall campaign on 12S stations. The Emil
Mogul Co., agency in charge, reports;

“Response from the stores covered by these initial radio spots
was so enthusiastic and the demand from other Clipper Craft
dealers for radio mention in their oivn territories so insistent, that
Trimount undertook a considerably expanded campaign for the
spring of 1941.”

The fall campaign will include network, national spot and local
dealer-cooperative services.

Similar demand from other dealers w'ould no doubt have a similar
effect upon other manufacturers.

That the newspaper industry also recognizes the power of dealer
recommendations is shown by a statement by Pierre Martineau,
advertising promotion manager of the Memphis Commercial Appeal
and Press-Scimitar :

“National advertisers have frequently stated that newspapers
ought to do a basic selling job on the retailer. One of their favorite
reasons in explaining why they use radio is that, when queried about
media, their retailers and dealers vote for radio.”

National Defense

Duplication Not Desired

The Naval Recruiting Office in Richmond, \'a., sent out several
announcements which partially duplicated those the Navy re¬
leased through NAB. This matter was called to our attention by
several stations in the area involved and we, in turn, called it to
the attention of the Navy.

The Navy suggested that we notify stations immediately advis¬
ing them to disregard the second request.

August 8, 1941 — 671

Send July Reports

Please send your July National Defense Broadcast Report. There
is a nice steady stream of reports coming in now, but editing will
be delayed until all of the reports have been received.

More Cooperation

Five more stations have inserted “Keep ’em Flying” in nightly
sign-off. They are;

KELA — Sioux Falls, S. D.

KSAC — Manhattan, Kan,

KSOO — Sioux Falls, S. D,

WJTN — Jamestown, N. Y.

WSAZ— Huntington, W. Va,

KIEM, Eureka, Cal., says; “Keep ’em Flying and Keep Tuned
to KIEM, Eureka, California,” at least ten times every afternoon.

WCMI, Ashland, Ky., is one of the stations cooperating in the
U. S. Army campaign whose call letters have for some reason or
other escaped the published list. There are approximately eight
hundred stations now cooperating. They also assist the U. S.
Navy in its quest for Naval Elyers, Reserves and general enlist¬
ments. Same stations also back Manpower announcements for
U. S. Civil Service and carry the Treasury schedule for the sale
of bonds and stamps.

PUDNEY, BLAKE

The NAB has been asked for information as to the where¬
abouts of Earl J. Pudney, an announcer, and Joe Blake, a sales¬
man.

FEDERAL LEGISLATION

HOUSE

H. R. 5497 (Sanders, D-La.) COMMUNICATIONS ACT— To
amend the Communications Act of 1934, and for other purposes.
Referred to Committee on Interstate and Foreign Commerce.

SENATE

S. 1806 (White, R-Maine) COMMUNICATIONS ACT— To
amend the Communications Act of 1934, and for other purposes.
Referred to Committee on Interstate Commerce.

SENATE RESOLUTION

S. Res. 152 (Clark, D-Mo. & Nye, R-N.D.) PROPAGANDA—
Authorizing an investigation of propaganda disseminated by the
motion picture and radio industries tending to influence participa¬
tion of the United States in the present European war. Referred
to Committee on Interstate Commerce.

FEDERAL COMMUNICATIONS
COMMISSION DOCKET

Following broadcast hearings are scheduled to be held before
the Commission during the week beginning Monday, August 11.
They are subject to change.

Monday, August 11

Consolidated Hearing

NEW — Nashville Radio Corporation, Nashville, Tenn. — C. P.,
1410 kc., 1 KW, unlimited time, DA-day and night.
NEW— A. M. Burton, Nashville, Tenn.— C. P., 1410 kc., 1 KW,
unlimited time, DA-day and night.

Tuesday, August 12
Consolidated Hearing

KONB — MSB Broadcast Co., Omaha, Nebr. — C. P., 1500 kc.,
250 watts, unlimited time.

672 — August 8, 1941

KONB — MSB Broadcast Co., Omaha, Nebr. — Modification of
C. P., 1500 ke., 250 watts, unlimited time under C. P.

Thursday, August 14

KWK — Thomas Patrick, Inc., St. Louis, Mo. — C. P., 680 kc., 50
KW, unlimited time, DA-day and night.

Friday, August 15

KORN — Nebraska Broadcasting Corp., Fremont, Nebr. — Renewal
of license, 1400 kc., 250 watts, unlimited time.

KORN — Clark Standiford (transferor), and C. J. Malmsten, A. C.
Sidner, S. S. Sidner & Arthur Baldwin (transferees), Fre¬
mont, Nebr. — Transfer of control, 1400 kc., 250 watts,
unlimited time.

FUTURE HEARINGS

During the past week the Commission has announced the fol¬
lowing future broadcast hearing dates. They are subject to
change.

September 5

KWTO — Ozarks Broadcasting Co., Springfield, Mo. — C. P., 860 kc.,
1 KW night, 5 KW day, unlimited time, DA-night.

KFNF — KFNF, Incorporated, Shenandoah, Iowa. — Renewal of
license, 930 kc., 500 watts night, 1 KW day, share KUSD.

September 16

KGLU — Gila Broadcasting Co., Safford, Ariz. — Renewal of license,
1450 kc., 250 watts, unlimited time.

September 17

KFRO — Voice of Longview, Longview, Texas. — Modification of
C. P., 1370 kc., 5 KW, unlimited time, DA-night.

Further Hearing

Investigation to determine what policy or rules, if any, should
be promulgated in connection with operation of new high fre¬
quency (FM) broadcast stations and for future acquisition of
standard broadcast stations by newspapers, pursuant to Order
No. 79.

September 23

WTMV — Mississippi Valley Broadcasting Co., Inc., E. St. Louis,
Ill. — C. P., 1540 kc., 500 watts night, 1 KW day, unlimited
time.

September 29
Further Hearing

NEW — Hawaiian Broadcasting System, Ltd., Honolulu, T. H. —
C. P., 1340 kc., 250 watts, unlimited time.

October 7

WBT — Columbia Broadcasting System, Inc., Charlotte, N. C. —
C. P., 1110 kc., 50 KW, unlimited time, DA-night.

KFAB — KEAB Broadcasting Co., Lincoln, Nebr. — C. P., 1110 kc.,
50 KW, unlimited time, DA-night.

WBBM — Columbia Broadcasting System, Inc., Chicago, 111. —
Modification of license, 770 kc., 50 KW, unlimited time.
WJAG — The Norfolk Daily News, Norfolk, Nebr. — C. P., 770 kc.,
1 KW, daytime.

October 8

KIDW — The Lamar Broadcasting Co., Lamar, Colo. — Renewal of
license, 1450 kc., 100 watts, specified hours.

FEDERAL COMMUNICATIONS
COMMISSION ACTION

APPLICATIONS GRANTED

Greensboro Broadcasting Co., Inc., Greensboro, N. C. — Granted,
subject to such rules or action as the Commission may here-

after adopt or take with regard to multiple ownership,
construction permit for a new station to operate on 980 kc.,
1 KW, daytime only (BS-P-2472).

Findlay Radio Company, Findlay, Ohio. — Granted constructon per¬
mit for a new station to operate on 1330 ke., 1 KW, daytime
only. Exact site and antenna system to be determined sub¬
ject to Commission’s approval (B2-P-2846).

Frank T. Nied & Perry Ff. Stevens, d/b as Neid and Stevens,
Warren, Ohio. — Granted construction permit for new station
to operate on 1440 kc., 250 watts, unlimited time (B2-P-
3181).

WMC — Mernphis Publishing Company, Memphis, Tenn, — Granted,
subject to such rules as may be adopted by the Commission
as might affect licensee’s ownership of said station, construc¬
tion permit to increase night power from 1 to S KW, and
install a new directional antenna for night use; 790 kc., S
KW day, unlimited time (B3-P-2743).

WWVA — West Virginia Broadcasting Corp., Wheeling, W. Va. —
Granted, subject to such rules or action as the Commission
may hereafter adopt or take with regard to multiple owner¬
ship, construction permit to increase power from 5 to SO
KVV night and day; increase hours from simul-d, s-WOWO-
night, to unlimited; move transmitter to R.F.D. St. Clairs-
ville, Ohio, about 7 miles west of Wheeling; install new
transmitter and directional antenna for day and night use;
1170 kc. (B2-P-2S40).

KVOO — Southwestern Sales Corp., Tulsa, Okla. — Granted construc¬
tion permit to increase power from 25 to 50 KW days and
night; increase hours of operation from simul-d, s-WAPI,
night, to unlimited; install new equipment and new direc¬
tional antenna for night use; 1170 kc. (B3-P-2S39).

K,YW — Westinghouse Radio Stations, Inc., Philadelphia, Pa. —
Granted construction permit to make changes in directional
antenna (B2-P-314S).

WORK — York Broadcasting Co., York, Pa. — Granted construction
permit to install a new directional antenna system for night
use only (B2-P-3205).

KWOS — Tribune Printing Company, Jefferson City, Mo. — Granted
modification of license to change frequency from 1340 to
1240 kc.; 250 watts, unlimited time (B4-ML-107S) .

WRDO — Adeline B. Rines, Executrix of Last Will and Testament
of Henry P. Rines, deceased (Transferor), Adeline B. Rines
(Transferee), Augusta, Maine. — Granted consent to transfer
control of WRDO, Inc., from Adeline B. Rines, Executrix of
the Last Will and Testament of Henry P. Rines, deceased, to
Adeline B. Rines (Bl-TC-271). Also granted motion to
reconsider and grant v.'ithout hearing application for re¬
newal of license ; cancelled said hearing and granted renewal
of license for WRDO to operate on 1400 kc., 100 watts,
unlimited time (Bl-R-804).

Burns Avenue Baptist Church, Detroit, Mich. — Granted extension
of authority to transmit religious programs to Station
CKLW, Windsor, Ontario, Canada (operating on 1030 kc.,
with 5 KW power), through the facilities of the Michigan
Bell Telephone Co. (B2-FP-90).

First Baptist Church, Pontiac, Mich. — Granted extension of au¬
thority to transmit religious programs to Station CKLW,
Windsor, Ontario, Canada (operating on 1030 kc., with
5 KW power), through the facilities of the Michigan Bell
Telephone Co. (B2-FP-91).

Columbia Broadcasting System, Inc., New York City. — Granted
extension of authority to transmit programs to Stations
CKAC, Montreal, Canada, CFRB, Toronto, Canada, and
other stations under the control of the Canadian Broadcast¬
ing Corp. (Bl-FP-92).

DESIGNATED FOR HEARING

Hugh McClung, Fresno, Calif. — Application for construction permit
for new standard broadcast station to operate on 1.590 kc.,
5 KWj unlimited time (B5-P-3143).

RENEV/AL OF LICENSES

The following stations were granted renewal of licenses for the
period ending August 1, 1942:

KCMO, Kansas City, Mo.; KGB, San Diego, Cal.; KTBS and
auxiliary, Shreveport, La.; KTUL, Tulsa, Okla.; WBCM, Bay
City, Mich.; WBNS and auxiliary, Columbus, Ohio; WCB.\, Allen¬
town, Pa.; WCSC, Charleston, S. C.; WFBC, Greenville, S. C.;
WG.^R and auxiliary, Cleveland, Ohio; WHEC, Rochester, N. Y. ;

WHP, Harrisburg, Pa.; WING, Dayton, Ohio; WKAT, Miami

Beach, Fla.; WPAB, Ponce, Puerto Rico; WSAI, Cincinnati, Ohio,

and WTSP, St. Petersburg, Fla.

MISCELLANEOUS

KOB — Albuquerque Broadcasting Co., Albuquerque, N. Mex.—
Granted modification of construction permit (B5-P-2783,
for changes in equipment, and increase in power to 50 KW),
for extension of completion date to Oct. 3/41 (B5-MP-1367) .

WIBA — Badger Broadcasting Co., Inc., Madison, Wise.— Granted
modification of construction permit (B4-P-2689, for new
transmitter, changes in directional antenna system for night
use, increase in power to 5 KW and move of transmitter
and studio), for change in frequency from 1280 to 110 kc.
under NARBA and changes in directional antenna accord¬
ingly (B4-MP-1352) .

WRR — City of Dallas, Texas, Dallas, Tex. — Granted modification
of construction permit (B3-P-3229, as modified, for new
equipment, installation of directional antenna for night
use, increase in power and move of transmitter) for changes
in frequency from 1200 to 1310 Itc. under NARBA, and
changes in directional antenna system accordingly ; change in
type number of transmitter, and extend completion date to
180 days after grant (B3-MP-1361) .

KSO — Iowa Broadcasting Co., Des Moines, Iowa. — Granted modi¬
fication of construction permit (B4-P-2727, which author¬
ized installation of new transmitter and new directional an¬
tenna for night use; move of transmitter to new location
and increase power to 5 KW unlimited time) , for use of old
transmitter at new site (B4-MP-1360).

KRLH — Clarence Scharbauer, Midland, Texas. — Granted license to
cover construction permit (B3-P-2981), for change in fre¬
quency to 1230 kc., increase in power to 250 watts, new
antenna and changes in equipment and move of transmitter
(B3-L-1439).

WJBO — Baton Rouge Broadcasting Co., Baton Rouge, La. —
Granted license to cover construction permit (B3-P-2766),
which authorized increase in power to 5 KW, and instal¬
lation of new equipment and directional antenna for day
and night use; 1150 kc., unlimited time (B3-L-1400).

.\merican Broadcasting Corp. of Kentucky, Portable-Mobile Area
of Lexington. — Granted construction permit for new relay
broadcast station to be used with applicant’s station WL.'X.P ;
1622, 2058, 2150, 2790 kc.; 75 watts (B2-PRY-2S2).

WNBI — National Broadcasting Co., Inc., Bound Brook, N. J. —
Granted license to cover construction permit (Bl-PIB-28,
which authorized change in frequencies, equipment and in¬
crease in power of International Broadcast Station to 50
KW and frequencies 6100, 11890* 15150* and 21630 kc.
(*Subject to condition no interference is caused to Inter¬
national broadcast stations having priority of registration
on same or adjacent frequencies) (Bl-LIB-17).

The Birmingham News Co., Portable-Mobile Area of Birmingham,
Ala. — Granted construction permit for new relay station to
be used with applicant’s standard broadcast station WSGN;
30820, 33740, 3.5820, 37980 kc.; 2 watts (B3-PRE-395) .

Frontier Broadcasting Co., Portable-Mobile Area of Cheyenne,
Wyo. — Same except to be used with applicant’s standard
broadcast station KFBC (B5-PRE-393) .

Frontier Broadcasting Co., Portable-Mobile Area of Cheyenne,
Wyo. — Same except to be used with applicant’s standard
broadcast station KFBC (B5-PRE-394) .

Rome Broadcasting Corp., Portable-Mobile Area of Rome, Ga. —
Same except to be used with applicant’s standard broadcast
station WRGA and 15 watts power (B3-PRE-390) .

Wichita Broadcasting Co., Portable-Mobile Area of Wichita Falls,
Texas. — Same except to be used with applicant’s standard
broadcast station KWFT, and 2 watts power (B3-PRE-396) .

Westinghouse Radio Stations, Inc., Portable-Mobile Area of Phila¬
delphia, Pa. — Granted construction permit for a new relay
broadcast station to be used with applicant’s standard station
KYWj frequencies 31220, 35620, 37020, 39260 kc. ; 2 watts.
(B2-PRE-392) . Also granted license covering same (B2-
LRE-352).

KRME — Merced Broadcasting Co., Portable-Mobile Area of
Merced, Cal. — Granted license to cover construction permit
(B5-PRY-245) for new relay station; frequencies 1646,
2090, 2190, 2830 kc. ; 15 watts; to be used with applicant’s
standard broadcast station KYOS (BS-LRY-228) .

Golden Empire Broadcasting Co., Portable-Mobile Area of Red¬
ding, Cal. — Granted construction permit for new relay

August 8, 1941 — 673

broadcast station to be used with applicant’s standard broad¬
cast station K\’CV ; frequencies 2090, 2190, 2830 kc. ;
15 watts (B5-PRY-2SO) .

Golden Empire Broadcasting; Co., Portable-Mobile Area of Chico,
Cal. — Same except to be used with applicant’s standard
station KHSL (B5-PRY-251 ) .

Portland Broadcasting System, Inc., Portable-Mobile Area of Port¬
land, Me. — Same except to be used with applicant’s stand¬
ard station WG.'VN; frequencies 1622, 2058, 2150, 2790 kc.,
150 watts (Bl-PRY-253).

Portland Broadcasting System, Inc., Portable-Mobile .Area of Port¬
land. Me. — Same except 40 watts (Bl-PRY-254) .

KEIY, KEIZ — Oregonian Publishing Co., Portable-Mobile Area of
Portland, Ore. — Granted construction permits to make
changes in equipment and decrease power from 4.5 to 3.5
watts in relay station (BS-PRE-39S) ( BS-PRE-399) .

KDYL — Intermountain Broadcasting Corp., Salt Lake City, Utah.
— Granted license to cover construction permit (B5-P-2721 ),
for increase in power to 5 KW and installation of directional
antenna (B5-L-1458).

WFTM — Fort Myers Broadcasting Co., Fort Myers, F'la. — Granted
construction permit to move transmitter and studio sites
from 51 to 54 E. First Street, Ft. Myers, and install new
transm.itting equipment; 1240 kc., 250 watts, unlimited
time (B3-P-3233).

WFEA — New Hampshire Broadcasting Co., Manchester, N. H. —
Granted modification of construction permit (B1-P-27SO,
for new transmitter, increase in power, changes in directional
antenna), for extension of completion date to Oct. 3/41
(Bl-MP-1365).

WGRB — Grand Rapids Broadcasting Corp., Grand Rapids, Mich.- —
Granted m.odification of construction permit (B2-P-2582,
covering new station to operate on 1239 kc., 250 watts, un¬
limited time), for extension of completion date to Jan. 12,
1942 (B2-MP-1363).

VVMDF — Grenco, Inc., Greenwood, S. C. — Granted modification of
construction permit (B3-P-2930 for new^ station to operate
on 1450 kc., 250 w'atts, unlimited time), for move of studio
to Greenville Road, (Wilson St.), Greenwood. S. C., install
new transmitter, make changes in antenna svstem, and 1450
kc. under NARBA (B3-MP-13S8).

WEBO — Harrisburg Broadcasting Co., Harrisburg, Ill. — Granted li¬
cense to cover construction permit (B4-P-3133) which au¬
thorized change in type of transmitter, change in antenna,
and change of location of transmitter to lower floor level,
same address {B4-L-1457).

WJOB — O. E. Richardson and Fred L. Adair, Hammond, Ind. —
Granted construction permdt to move transmitter and studio
locations to 449 State Street, Hammond, Inch, and install new
antenna (B4-P-3223).

WH.AE — Courier-Journal and Louisville Times Co., Louisville,
Ky. — Granted reinstatement of construction permit (B2-
PRE-361). which authorized construction of a new relay-
broadcast station, changing equipment and increase power
from SO to 100 watts; frequencies 156750, 158400, 159300
KillOO ke. ; to be used with applicant’s standard broadcast
station WH.AS (B2-PRE-397) .

KEM.A — Mav Broadcasting Co., Portable-Mobile Area of Shenan¬
doah, la. — Granted license to cover construction permit
(B4-PRY-243) for new relay broadcast station frequencies
1646, 2090, 2190, 2830 kf. ; 25 watts, to be used wdth appli¬
cant’s standard station KMA. The license is granted upon
condition that said grant is not to be construed as a finding
upon KMA’s application for renewal of license nor upon
any of the issues involved in that case (B4-LRY-231).

WEPA — Edwin H. Armstrong, Portable-Mobile, Area of New
A^ork City. — Granted license to cover construction permit
(Bl-PRE-277 ) which authorized a new portable-mobile
special relay broadcast station to be used with applicant’s
FM station W2XMN, north of Alpine, N. J., frequencies
156750, 158400, 159300, 161100 kc., 50 watts (Bl-LRE-
347).

Triple-Cities Broadcasting Co., Inc., Binghamton, N. Y. — Letter
from counsel stating applicant does not desire to prosecute
application for new station to operate on 1420 kc., 250
watts, unlimited time, accepted as motion for dismissal
and granted.

KGLII — Gila Broadcasting Co., Safford, Ariz. — Petition for con¬
tinuance for 60 days of hearing now scheduled for August
6 on application for renewal of license, granted, and hearing
continued to September 16.

674 — August 8, 1941

KFNF — KFNF, Inc., Shenandoah, Iowa. — Motion for 60 day
postponement of hearing on application for renewal of
license now set for August 5, granted for period of 30 days,
to September 5.

Edward E. Reeder, Seattle, Wash. — Motion for leave to amend
application to specify 1560 instead of 1450 kc., 250 watts
unlimited time, granted; amendment to be filed within 15
days. Application removed from hearing docket.

WMAQ — National Broadcasting Co., Inc., Chicago, III. — Granted
petition to intervene in the hearing on application of
KWK, St. Louis, Mo., for construction permit to operate
on 680 kc., 50 KW, unlimited time, using directional an¬
tenna day and night.

WAPI — X’oice of Alabama, Inc., Birmingham, Ala. — Granted peti¬
tion for leave to amend application for construction permit
to change frequency from 1170 to 1070 kc. ; increase
power to 50 KW, and time of operation to unlimited,
with respect to transmitter and antenna site, amendment
to be filed within IS days; denied as to removal from
docket. Hearing now scheduled for September 10.

American Legion, Dept, of Hawaii, Honolulu, T. H. — Petition
for extension of time in which to present evidence granted
for 60 clays, in re application of Hawaiian Broaclcasting
System, Ltd., for new station in Honolulu, to operate
on 1340 kc., 250 watts, unlimited tim.e; record to be kept
open to September 29. Exception noted by counsel for
Hawaiian Broadcasting System, Ltd.

WBT — Columbia Broadcasting System, Inc., Charlotte, N. C.;
WBBM — Chicago, III.; KFAB — KFAB Broadcasting Co.,
Lincoln, Neb.; WJAG — The Norfolk Daily News, Norfolk,
Neb. — Motion to postpone hearing now set for August 7,
for period of 60 days, granted and hearing on applications
of WBT and KFSB to operate on 11(10 kc., 50 KW;
WBBM and WJAG to operate on 770 kc., WBBM to use
50 KW, unlimited, WJAG 1 KW daytime, continued to
October 7.

WTMV — Mississippi Valley Broadcasting Co., Inc., E. St. Louis,
Mo. — Granted petition to accept applicant’s late appear¬
ance in re application for construction permit to operate on
1540 kc., 500 watts night, 1 KW day, unlimited time.

WERE — Louis G. Baltimore, Wilkes-Barre, Pa. — Motion for ex¬
tension of time to file proposed findings, granted, and time
extended to August 12, in re application for construction
permit to erect a synchronous station to operate on 1340
kc., 100 watts, unlimited time.

KIDW — The Lamar Broadcasting Co., Lamar, Colo. — Granted
petition to reopen proceedings in re application for renewal
of license of KIDW ; hearing to be held August 8.

KFBB — Buttrey Broadcast, Inc., Great Falls, Mont. — Granted
modification of construction permit for increase in power
and installation of directional antenna for night use, for
extension of completion date from July 31 to August 31,
1941; 1310 iiC., 5 KW, unlimited time, directional antenna
night (B5-MP-1372 ) .

W45D — The Evening News Assn., Detroit, Mich. — Granted ex¬
tension of special temporary authority to operate frequency
modulation station commercially on 44500 kc. using 3 KW
power for a period of 30 days, beginning August 4 to not
later than September 2, 1941, pending the installation and
preparations necessary to operate the complete transmitting
plant in accordance with construction permit and modifica¬
tion thereof, without prejudice to the determination of the
issue in the hearing on Order 79.

W.AYS — Inter-City Advertising Co., Charlotte, N. C. — Granted
modification of construction permit for approval of direc¬
tional antenna system to be used with new station to
operate on 610 kc., 1 KW, unlimited time, directional
antenna day and night (B3-MP-1318) .

Glens Falls Broadcasting Corp., Glens Falls, N. Y. — Placed in
pending files pursuant to Order No. 79 application for con¬
struction permit for new standard broadcast station to
operate on 1230 kc., 250 watts, unlimited time (Bl-P-3167).

Homer Rodelieaver, Winona Lake, Ind. — Denied petition and
amended petition (filed June 10 and July 3, 1941) for
reconsideration and grant without hearing application for
construction permit for new broadcast station at Winona
Lake, Ind., to operate on 1480 kc., 1 KW daytime (Docket
No. 6118).

KONB — MSB Broadcast Co., Omaha, Nebr. — Granted petition
for reconsideration and grant (1) application for construc¬
tion permit for new station to operate on 1490 kc., 250

watts, unlimited time, and (2) application for modification
of construction permit specifying transmitter site and an¬
tenna (Dockets No. 6111 and 6112).

KORN — Nebraska Broadcasting Corp., Fremont, Nebr. — Granted
petition for reconsideration and grant (1) application for
renewal of license of Station KORN, and (2) consent to
transfer of control of Nebraska Broadcasting Corp. ( KORN )
from Clark Standiford (transferor) to C. J. Malmsten,
A. C. Sidner, S. S. Sidner, and Arthur Baldwin (transferees)
(Docket Nos. 6076, 6077).

Southwest Broadcasters, Inc., Las Vegas, N. Mex. — Granted peti¬
tion for assignment of call letters KFUN under construction
permit for new station granted July 16, 1941.

KGFI — Eagle Broadcasting Co., Inc., Brownsville, Tex. — Granted
authority to change call letters KGFI to KEEW.

Broadcasting Corp. of America, Riverside Broadcasting Co. (both
of Riverside, Calif.). — Adopted order modifying Proposed
Findings of Fact and Conclusions (B-137) granting appli¬
cation of Broadcasting Corp. of America for new station to
operate on 1440 kc., 1 KW, unlimited time, upon condition
that modification of construction permit be filed specifying
the exact transmitter location and the antenna to be em¬
ployed within two months after the effective date of this
order; and denying the application of Riverside Broad¬
casting Co. for new station. (The Proposed Findings were
modified to substitute 1440 kc. in lieu of 1420 kc., for
Broadcasting Corp. of America.)

APPLICATIONS FILED AT FCC

560 Kilocycles

WIS — The Liberty Life Insurance Co., Columbia, S. C. — Modifi¬
cation of construction permit (B3-P-2870) as modified, for
changes in directional antenna and increase in power, request¬
ing changes in directional antenna and extension of com¬
mencement and completion dates from 7-15-41 and 1-15-42
to 60 days after grant and 180 days thereafter, respectively.

620 Kilocycles

WKAQ — Radio Corporation of Porto Rico, San Juan, Puerto
Rico. — License to cover construction permit (B-P-2385) as
modified, for a new transmitter, change in antenna system,
change in frequency, and increase in power.

WKAQ — Radio Corporation of Porto Rico, San Juan, Puerto
Rico. — .Authority to determine operating power by direct
method.

770 Kilocycles

WCAL — St. Olaf College, Northfield, Minn. — Authority to install
automatic frequency control.

790 Kilocycles

WWNY — The Brockway Co., Watertown, N. Y. — Construction
permit to install directional antenna for night use, change
frequency from 1300 kc. to 700 kc., change power from
500 watts to 1 KW, and change hours of operation from
daytime to unlimited time.

850 Kilocycles

WJW — WJW, Inc., Akron, Ohio. — Construction permit to install
new transmitter and directional antenna for night use,
change frequency from 1240 kc. to 850 kc., increase power
from 250 watts to 5 KW, and move transmitter.

860 Kilocycles

KGNC — Plains Radio Broadcasting Co., Amarillo, Texas. — Con¬
struction permit to install new transmitter, directional an¬
tenna for day and night use, change frequency from 1440
kc. to 860 kc., increase power from 1 KW night and 2J4
KW day to 50 KW, and move transmitter from Bellaire
Park, Amarillo, Texas, to near Willton, Texas. Amended:
To request 5 KW night and 10 KW day, install 10-KW
transmitter, make changes in directional antenna for night
use, and move transmitter to near Masterson, Texas.

920 Kilocycles

NEW — General Broadcasting, Inc., Miami, Fla. — Construction per¬
mit for a new broadcast station to be operated on 920 kc.,
5 KW, unlimited, directional antenna for day and night

use. Amended; To change frequency from 920 kc. to 1140
kc., make changes in directional antenna, and move trans¬
mitter from near Ojus to near Miami, F'lorida.

930 Kilocycles

NEW — Paducah Newspapers, Inc., Paducah, Ky. — Construction
permit for a new broadcast station to be operated on 930
kc., 1 KW, unlimited time, using directional antenna day
and night. Amended: Re directional antenna system.

950 Kilocycles

WPEN — Wm. Penn Broadcasting Co., Philadelphia, Pa. — License
to use old RCA 1-B transmitter as an auxiliary transmitter
with power of 1 KW.

1030 Kilocycles

NEW — S. Brad Hunt, Alton, Ill. — Construction permit for a new
broadcast station to be operated on 1030 kc., 1 KW, day¬
time.

1080 Kilocycles

NEW — Mid-America Broadcasting Corp., Louisville, Ky. — Con¬
struction permit for a new broadcast station to be operated
on 1080 kc., 1 KW night, 5 KW day, unlimited time, using
directional antenna day and night. Amended; re directional
antenna.

1110 Kilocycles

NEW — Pacific Coast Broadcasting Co., Pasadena, Calif. — Construc¬
tion permit for a new broadcast station to be operated on
1110 kc., 10 KW, unlimited time, using directional antenna
day and night.

1150 Kilocycles

WAPO — W. A. Patterson, Chattanooga, Tenn. — .Authority to de¬
termine operating power by direct method.

WAPO — W. A. Patterson, Chattanooga, Tenn. — License to cover
construction permit (B3-P-1939) as modified, for installation
of new transmitter and directional antenna for night use,
increase in power, change in frequency, and move of trans¬
mitter.

1180 Kilocycles

WLDS — Hobart Stephenson, Milton Edge, Edgar J. Korsmeyer,
d/b as Stephenson, Edge & Korsmeyer, Jacksonville, Ill. —
Modification of construction permit (B4-P-2465) for a new-
broadcast station to be operated on 1180 kc., 250 watts,
daytirne, requesting change in type of transmitter, approval
of transmitter and studio sites, and approval of antenna.

1200 Kilocycles

WMAW — C. T. Sherer Co., Inc., Worcester, Mass. — Modification
of construction permit (Bl-P-2963) for construction of a
new station to be operated on 1200 kc., 250 watts, unlimited
time, requesting extension of completion date from 8-17-41
to 2-17-42.

1210 Kilocycles

WCAU — WCAU Broadcasting Co., Philadelphia, Pa. — License to
cover construction permit (B2-P-3001) as modified, for a
new transmitter, changes in antenna, and move of trans¬
mitter..

WCAU — WCAU Broadcasting Co.. Philadelphia, Pa. — Authority to
deterrnine operating power by direct method.

1240 Kilocycles

KGY — KGY, Incorporated, Olympia, Wash. — License to cover
construction permit (B5-P-3071) as modified, for new an¬
tenna, increase in hours of operation and move of trans¬
mitter.

KGY — KGY, Incorporated, Olympia, Wash. — .Authority to deter¬
mine operating power by direct method.

WGRM — P. K. Ewing, Greenwood, Miss. — Authority to determine
operating pow'er by direct method.

1270 Kilocycles

KFJZ — Tarrant Broadcasting Co., Ft. Worth, Texas. — Modification
of construction permit (B3-P-2497) as modified, for a new
transmitter, increase in power from 1 to 5 KW, install direc-

August 8, 1941 — 675

tional antenna system, and move transmitter, requesting
change in frequency under NARBA from 1240 to 1270 kc.
and make changes in directional antenna accordingly, and
extension of completion date. Amended: to change type
of transmitter.

1290 Kilocycles

WHKY — Catawba Valley Broadcasting Co., Inc,, Hickory, N. C. —
Construction permit for installation of new transmitter,
directional antenna for night use, change in frequency from
1400 to 12!)0 kc., increase in power from 250 watts to 1 KW
night and 5 KW day, and move of transmitter,

1300 Kilocycles

KGLO — Mason City Globe-Gazette Co., Mason City, Iowa. —
Construction permit to install new transmitter, make
changes in directional antenna for night use, and increase
power from 1 KW to 5 KW.

1310 Kilocycles

WISH — Capitol Broadcasting Corp., Indianapolis, Ind. — License to
cover construction permit (B4-P-2908) as modified, for a
new broadcast station to be operated on 1310 kc., 1 KW
night, S KW day, using directional antenna night, unlimited
time,

WISH — Capitol Broadcasting Corp., Indianapolis, Ind. — Authority
to determine operating power by direct method.

1320 Kilocycles

WNEL — Juan Piza, San Juan, Puerto Rico. — Authority to deter¬
mine operating pov/er by direct method.

1330 Kilocycles

KFH — Radio Station KFH Co., Wichita, Kans. — License to cover
construction permit (B4-P-2462) as modified, for installa¬
tion of new transmitter and directional antenna for night
use, increase in power from 1 KW night and S KW day
to 5 KW day and night, and move of transmitter.

KFH — Radio Station KFH Co., Wichita, Kans. — Authority to
determine operating poveer by direct method.

1350 Kilocycles

— Ernest L. Finley, Santa Rosa, Calif. — Authority to deter¬
mine operating power by direct method.

1360 Kilocycles

KSej — Perkins Brothers Co. (The Sioux City Journal), Sioux
City, Iowa. — Modification of construction permit (B4-P-
2290) as modified, for installation of directional antenna
for night use and increase in power from 1 KW night and
5 K\V day to S KW, requesting extension of completion
date from 9-24-41 to 11-24-41.

1370 Kilocycles

WF'E.V — New Hampshire Broadcasting Co., Manchester, N. H. —
Authority to transfer control of corporation form Adeline
B. Rines, Executrix of last will and testament of Henry
P. Rines, deceased, to Adeline B. Rines, by transferring
1000 shares of common stock,

1400 Kilocycles

KRMC — Jamestown Broadcasting Co., Inc., Jamestown, N. D. —
Modification of license to change studio location.

1440 Kilocycles

WSFA — Montgomery Broadcasting Co., Inc., Montgomery, Ala. —
Construction i)ermit to install new transmitter, increase
power from 500 watts night and 1 KW day to 5 KW,
install directional antenna for night use, and change trans¬
mitter location.

1450 Kilocycles

WWDC — Capital Broadcasting Co., Washington, 1). C. — Authority
to determine operating power by direct method for am¬
plifier. Amended: re engineering data.

676 — August 8, 1941

1470 Kilocycles

WS.4R — Doughty & Welch Electric Co., Inc., Fall River, Mass. —
Construction permit to change frequency from 1480 to
1470 kc. and make changes in directional antenna for day
and night use.

1490 Kilocycles

KBUR — Burlington Broadcasting Co., Burlington, Iowa. — License
to cover construction permit (B4-P-1799) as modified, for
a new broadcast station to be operated on 1490 kc., 250
watts, unlimited time.

KBLIR — Burlington Broadcasting Co., Burlington, Iowa. — Author¬
ity to determine operating power by direct method.

WMOG — Coastal Broadcasting Co., Brunswick, Ga. — Authority
to determine operating power by direct method.

1510 Kilocycles

KGA — Louis Wasmer, Spokane, Wash. — Modification of construc¬
tion permit (BS-P-2602) for a new transmitter, changes
in antenna, installation of directional antenna for night use,
increase in power to 10 KW, and move of studio and trans¬
mitter, requesting change in type of transmitter and changes
in directional antenna system.

1540 Kilocycles

KRMC — Jamestown Broadcasting Co., Inc., Jamestown, N. D. —
Construction permit to install new transmitter and new an¬
tenna, change frequency from 14(10 to 1540 kc., increase
power from 250 watts to S KW night, 10 KW day, and
change studio and transmitter sites.

1560 Kilocycles

WQXR — Interstate Broadcasting Co., Inc., New York, N. Y. —
Special service authorization to operate on 1560 kc., 10
KV\^ non-directional antenna, unlimited time for the period
ending 2-1-42, in accordance with Bl-MP-1086.

1600 Kilocycles

WCNW — .Arthur Faske, Brooklyn, N. Y. — License to cover con¬
struction permit (Bl-P-2233) or changes in equipment,
installation of new antenna, and move of transmitter.

FM APPLICATIONS

NEW — Earle C. Anthony, Inc., Los Angeles, Calif. — Construction
permit for a new high frequency broadcast station to be
operated on 44.9(10 kc.; coverage: 1,371 square miles; popu¬
lation: 2,253,392. Amended: to change frequency to 43500
kc., service area to 21,071 square miles, population to
3,311,399, make changes in antenna system, change trans¬
mitter location, and change type of equipment.

W55M-NEW — The Journal Company (The Milwaukee Journal),
Milwaukee, Wise. — Modification of construction permit
(B4-PH-6) as modified, for a new high frequency broad¬
cast station, requesting extension of completion date from
9-30-41 to 11-30-41.

TELEVISION APPLICATIONS

W3XNB — National Broadcasting Co., Inc,, Washington, D. C. —
Modification of construction permit (Bl-PVB-38) as modi¬
fied, for a new television broadcast station, requesting
extension of completion date from 7-28-41 to 3-1-42.

NEW — The Journal Company (The Milwaukee Journal), Mil¬
waukee, Wise. — Construction permit for a new commercial
television broadcast station (formerly W9XMJ) to be
operated on Channel No. 3, 66()(M)-720()b kc., AS and special
emission for frequency modulation, ESR 4176, unlimited
time.

W9XBK — Balaban & Katz Corp., Chicago, Ill. — Modification of
construction permit (B4-PVB-S0) as modified, for a new
experimental television station, requesting extension of
completion date from 9-1-41 to 2-1-42.

MISCELLANEOUS APPLICATIONS

WAKR- -Summit Radio Corporation, Akron, Ohio. — Special serv¬
ice authorization to operate with 5 KW power and non-direc-
tional antenna daytime for a period of six months, using 5

KW transmitter specified under construction permit (B2-P-
3038).

VVELB — WAVE, Incorporated, Mobile (Louisville, Ky.). — License
to coyer construction permit (B2-PRE-389) for installation
of new transmitter and increase in power.

NEW — Harmon LeRoy Stevens & Herman LeRoy Stevens, d/b as
Port Huron Broadcasting Co., Portable-Mobile, Area of
Port Huron, Mich. — Construction permit for a new relay
broadcast station to be operated on 1(523, 20 58, 3 150, and
3790 kc., power of 15 watts, A3 emission.

WAPO — W. A. Patterson, Chattanooga, Tenn. — Construction per¬
mit to use old Collins transmitter as an auxiliary transmitter
and move same to site of main transmitter, and make changes
in antenna system, using 250 watts power.

W9XLA — The KLZ Broadcasting Co., Denver, Colo. — License to
cover construction permdt {B5-PHB-285) for move of
transmitter.

FEDERAL TRADE
COMMISSSON ACTiOiSJ

Any NAB member wishing to have the full text of any
of the FTC releases, printed in part below, should write to
the NAB, referring to the number hi parentheses at the end
of each item.

COMPLAINTS

Federal Trade Commission has alleged unfair competition against
the following firms. The respondents will be given an opportunity
to show cause why cease and desist orders should not be issued
against them.

E. J. Hrach & Sons, Chicago, one of the few large candy manu¬
facturers, is charged, in a complaint, with knowingly inducing
some manufacturers of corn syrup to discriminate in price in
favor of itself and with knowingly receiving the benefits of price
discrimination from some of such manufacturers contrary to the
Robinson-Patman Act. (4548)

Inland Empire Bakers’ Assorialion, Ine., Spokane, Wash.,
three of its officers, and three member companies manufacturing
and distributing bread and bakery products in eastern Washington
and western Idaho are charged, in a complaint, with a price fixing
agreement and combination in restraint of trade.

The respondent officers are: L. L. Francis, president; Mel Jacob¬
sen, vice president, and V. B. Pringle, secretary' and executive
manager; and the respondent companies: Silver Loaf Baking Co.;
E. A. Boge, operator of Boge Brothers Bakery, and Olaf Jacobsen,
operator of Jacobsen’s Bakery, all of Spokane. The respondent
members, according to the complaint, are representative of the
association’s entire membership, including those not specifically
named in the complaint.

The complaint alleges that the respondent officers and associa¬
tion members have united in a concerted action, through the
association, to restrain competition by agreeing to fix and observe,
among themselves, uniform and non-competitive prices and by
agreeing to act collectively to impose on all bakers selling bread
and bakery products in the respondents’ area the use of the non¬
competitive prices so fixed. (4550)

CEASE AND DESIST ORDERS

During the past week the Commission has announced the fol¬
lowing cease and desist orders:

Iliulson Fill- Dyeing Coinpiiny — Louis Estrin, Charles Estrin,
Sidney Estrin, Esther Estrin and Belle Estrin, trading as Hudson
Fur Dyeing Company, Newark, N. J., have been ordered to cease

and desist from certain misrepresentations in connection with the
business of dyeing rabbit peltries for fur dealers and garment
manufacturers. (3951)

Inter-State Cigarette Merchandisers .Association, Newark,
N. J., and five member associations composed of persons or com¬
panies operating automatic cigarette vending machines in various
States and their officers, directors and members, have been ordered
to cease and desist from certain agreements and combinations in
restraint of competition in the sale of their products. (4388)

Alajestic China Co., Inc., and Art China Co., corporations,
Herman Siegel, Sigmund Gladstone, and John Lindsey, sometimes
known as Jack Lindsey, individually' and as officers and employees
of Majestic China Co., Inc. and trading as Art China Co., and
John H. Feinne, individually and as an officer of Majestic China
Co., Inc., and trading as Windsor China Co., all of South Bend,
Ind., have been ordered to cease and desist from certain mis¬
representations in connection with the sale of their products and
from making disparaging statements concerning competitors and
their products. (3748)

National Distillers Prodiuts Corporation, with executive
offices at 120 Broadway, New York City, has been ordered to
cease and desist from misrepresentation in the sale and distribu¬
tion of a semi-solid poultry feed supplement variously designated
as “Produlac Brand Semi-Solid Distillers Grains Mash,” ‘‘Semi-
Solid Produlac,” and “Produlac.” (4425)

Kosse Products Company — Edward C. Rose, trading as Rosse
Products Co., 2708 West Farwell Ave., Chicago, has been ordered
to cease and desist from certain misrepresentations in connection
with the advertising, sale and distribution of a medicinal prepara¬
tion designated “Rosse Rheuma Tabs.” (4428)

STIPULATIONS

Commission has made public the following stipulations:

Abbott Brothers — Francis W. Abbott, George J. Abbott and
Stuart Abbott, trading as .Abbott Brothers, Paterson, N. J., and
King Ribbon Co., Inc., East Stroudsburg, Pa,, engaged in the
manufacture and sale of seam binding, have stipulated in con¬
nection with the sale of their seam binding or other ribbons in
commerce to cease and desist from use of the marking “100 Yards”
on bolts or containers when in fact less than 100 yards of mate¬
rial are contained therein, or otherwise mismarking or misbrand¬
ing such products with respect to the yardage thereof or in any
other w'ay wdth the tendency and capacity of misleading or deceiv¬
ing purchasers or the consuming public. (3180-3181)

Beiiay Novelty Company — Harry Richter and Benjamin Mog-
linsky, trading as Benay Novelty Co., 11 West Third St., New
York City, engaged in the manufacture and sale of hats and caps,
have entered into a stipulation in which they agree to cease repre¬
senting that hats or caps, composed in whole or in part of used
or second-hand materials, are new or are composed of new mate¬
rials, by failure to stamp on the exposed surface of the sweat
bands thereof, in conspicuous and legible terms which cannot be
removed or obliterated without mutilating the sweat bands, a
statement that the products are composed of second-hand or
used materials. The stipulation provides that if sweat bands are
not affixed to the hats or caps then the stamping must appear
on the bodies of the hats or caps in conspicuous and legible terms
which cannot be removed or obliterated without mutilating the
bodies. The respondents further agree to cease representing in any
manner that hats or caps made in whole or in part from old, used
or second-hand materials are new or composed of new materials.
(3179)

Bloomfield Mamifiict tiring Co., Ine.. trading as Kant-Slam
Door Check Co., Bloomfield, Ind., engaged in selling a device to
prevent doors slamming designated "Kant-Slam Door Check,” has

August 8, 1941 — 677

stipulated that it will cease and desist from representing that the
device operates in oil; closes all doors; will do the work of the
most expensive door checks, or that there is nothing about it to
get out of order, and that it is built, or operates, on a new principle.

It is further stipulated and agreed by Bloomfield Manufacturing
Co,, Inc., that it will cease and desist from representing that sample
demonstrators will be given to producers when such offer is con¬
ditioned upon a deposit being made before delivery. (02849)

Colonial Baking (V»., 4410 Gravois Ave., St. Louis, Mo., en¬
gaged in selling “Colonial Bread,” has entered into a stipulation
in which it agrees to discontinue representing that Colonial Bread
is not fattening, is necessary in a reducing diet, helps burn up body
fat, or helps one reduce safely, or that six slices of Colonial Bread
in a reducing diet will give one pep, energy and prevent one from
becoming tired, fatigued, irritable, or experiencing nervous strain,
or that Colonial Bread will protect one from the harrnful residues
that cause fatigue or that it protects one’s health while reducing.
(0284S)

HaiT.v A. Fiscliel, Inc., 418 North Third St., Philadelphia,
engaged' in selling certain medicinal preparations designated
“Faunilin Tobacco Flakes” and Faunalax Worm & Laxative Com¬
pound,” has stipulated that it will discontinue representing that
either product is effective in the prevention or treatment of worms
in animals or that either of these products is of any benefit in
the prevention or treatment of gapeworms or spiral stomach worms
in poultry. (02848)

Fox Studio, Cheyenne, Wyo., has entered into a stipulation to
cease certain representations in the sale of photographic enlarge¬
ments. The respondent agrees to cease representing in any way
that his regular method of sale is either a “special” or an “intro¬
ductory” offer, and to cease representing that his products are
“oil colored photographs,” or to cease using any other designa¬
tion for such products in a manner implying that his products are
photographs in the ordinarilv accepted meaning of a picture of a
person drawn from life, particularly in oil. The respondent also
agrees to cease use of the word “guaranteed” _ or any word of
similar meaning in connection with the sale of his products, unless
clear disclosure is made of exactly what is offered by way of
security as, for example, refund of purchase price. (3184)

Garcia Grande Cigars Incorporated, 141 Fifth Ave., New
York, stipulated to cease and desist from certain representations
in the sale of its cigars designated “Garcia Grande Crowns.”

According to the stipulation, the respondent, in advertising these
cbars, employed among other representations, the statement;
“Guaranteed i00% Havana and other imported long filler tobac¬
cos ” when in fact not more than 25 per cent of the tobacco con¬
stituting the filler of the Garcia Grande Crowns is imported from
Cuba.

The respondent agrees to cease representing that these cigars
contain “100% Havana and other imported long filler tobaccos,”
or making other representations designating the geograohical origin
of the filler tobacco of these cigars unless in every such representa¬
tion to the country of origin of each of the filler tobaccos used
in the cigars is set forth in the order of their respective predomi¬
nance by weight and in letters of equal size and conspicuousness.
(02837)

Giezendaniier Coitipaiiy— Charles J. Giezendanner, Jr., operat¬
ing under the trade name of The Giezendanner Co., Houston, Texas,
engaged in conducting an advertising agency which disseminated
advertisements for a drug preparation designated “Locao Belem”
on behalf of the Belem Products Co., Houston, Texas, has stipu¬
lated that in connection with the dissemination of future advertis¬
ing, he will cease and desist from representing that the prepara¬
tion is a remedy or cure for baldness, falling hair, aggravated con¬
ditions of the scalp, dandruff, itching or irritated scalp, or oily
hair or scalp; that it will grow hair or rejuvenate the scalp, stimu¬
late or revitalize the hair cells, add new life to hair, correct soft
or fine hair which is difficult to wave or set, promote activity in
the oil glands, or that it is prescribed by physicians for hair or
scalp. The respondent has also agreed to discontinue representing
that Locao Belem has been subjected to laboratory tests by the

678 — August 8, 1941

Food and Drug -Administration or that, upon analysis by the Food
and Drug Administration, it was found to comply with the “Pure
Food and Drugs law.” (02843)

Globe Fur Company — A group of Middle Western fur products
dealers have entered into stipulations to cease certain representa¬
tions in the sale of their products. The respondents are Globe
Fur Co., also trading as Marilyn Fur Studios and as Marilyn Furs,
having places of business in Detroit, Fort Wayne and Toledo, and
David B. Silverman and Harry Shulak, who were co-partners trad¬
ing as Marilyn Fur Studios with places of business in Fort Wayne
and Toledo, and are now officers of the Globe Fur Co. (3182)

Herb Farm Shop, Ltd., 347 Fifth Ave., New York City, en¬
gaged in selling a number and variety of soaps, cosmetics, per¬
fumes, toilet articles and culinary products, including the cosmetic
products designated “Country Garden Cleansing Cream,” “Country
Garden Smoothing Cream,” “Country Garden Under Powder
Cream,” “Country Garden Refresher,” “Fragrant Meadow Cleans¬
ing Cream,” “Fragrant Meadow Astringent,” “Fragrant Meadow
Under Powder Cream,” “Fragrant Meadow Smoothing Cream,”
“Under Powder Mist,” “Bath Essences,” and perfumes, toilet water
and bath talcum, has stipulated that in the dissemination of adver¬
tising it will cease and desist from using the phrase, “Herb Farm
Shop of London,” or the name “The Herb Farm Shop Ltd.,” or
by any other words or phrases or in any other manner indicating,
contrary to fact, that any of its products has an English or other
foreign origin, unless in direct connection therewith it is clearly
and conspicuously stated that such product is made, compounded
or packaged (as the case may be) in the LTnited States; and that
it will cease representing that any of its products is infused with
or contains herbal oils unless, where such product does not con¬
tain a substantial amount of herbal oil, the percentage of herbal
oil present is given in immediate connection therewith ; and will
cease representing that the herbal oil contained in any of its prod¬
ucts is present as an emulsion when such is not the fact. (02844)

Lacto-Cal Laboratories — Olive M. Goulet, trading as The
Lacto-Cal Laboratories, 1121 Ingraham St., Los Angeles, Calif.,
engaged in selling a drug preparation designated “Lacto-Cal,” has
stipulated that she will cease and desist from representing that
the preparation will exert or have a beneficial influence on the
nerves, speed up or aid digestion or increase the flow of the gastric
juices; that it possesses tonic or stimulant effects or powers or
that it is a general gland builder; that it will feed the brain, nerves,
tissues, testicles, or ovaries; that the preparation is a scientific com¬
pound of lactic acid and calcium or contains calcium in sufficient
quantities to be of therapeutic value, or that its use will reduce
acidity or be of value in the relief or treatment of hyperacidity;
that the preparation has any beneficial effect on the circulatory
system or on metabolism, will prolong life or enable one to live
to be 100 years old, or any other definitely stated number of years;
that it contains Vitamin B. Vitamin D, or phosphorus or contains
elements essential to the building of hemoglobin, or that the general
dietary condition of the American people is such as to make the
purchase and consumption of the product necessary or advisable.
(02841)

Maiiriee Larsen, trading as Fox Studio, Cheyenne, Wyo., has
entered into a stipulation to cease certain representations in the
sale of photographic enlargements. The respondent agrees to cease
representing in any way that his regular method of sale is either
a “special” or an “introductory” offer, and to cease representing
that his products are “oil colored photographs,” or to cease using
any other designation for such products in a manner implying that
his products are photographs in the ordinarily accepted meaning
of a picture of a person drawn from life, particularly in oil. The
respondent also agrees to cease use of the word “guaranteed” or
any word of similar meaning in connection with the sale of his
products, unless clear disclosure is made of exactly what is offered
by way of security as, for example, refund of purchase price.
(3184)

Aledl'ord Laboratory — Edward Howell, trading as Medford
Laboratory, 210 South Kedzie Ave., Chicago, engaged in selling
drug products designated “Nutrase” and “Kleen,” has entered into

a stipulation in which he agrees to discontinue representing that
either of the products is a cure or remedy for or that either of
them will overcome food discomfort, indigestion, gas, heartburn,
gastro-intestinal symptoms, cancer, diabetes, liver trouble, or
other ailments; that Nutrase is free from drugs or will impart
new life or energy, or that Kleen affords perfect intestinal elimina¬
tion. (02847)

Micliigan Magnetic Mineral Water Co., and Natural Ray
Mineral Water Co., the latter trading as such and as Michigan
Mineral Water Co., St. Louis, Mich., engaged in bottling and selling
mineral water under the brand name “Natural Ray Mineral
Water,” have stipulated to discontinue representing that the product
is a remedy or cure for stomach, bladder or kidney troubles, chronic
constipation, paralysis, high blood pressure, anemia, glandular dif¬
ficulties, arthritis, rheumatism, or the aches or ailments arising
from any of the diseases or conditions mentioned ; is a safeguard,
a body builder, a way to gain, retain or maintain health, a
preventative of infantile paralysis or other illness, or an aid to
muscle or bone development, or that it affects the appetite, the
weight, or the ability to sleep, builds up resistance to colds or
headaches, or wards off colds. (02846)

Nu-Tone Products Corp., ISI West 28th St., New York City,
engaged in selling certain hair dye preparations designated “Tuch-
Up,” has stipulated to discontinue representations that the hair
dye products which it sells are manufactured by it or by any
other organization affiliated with or owned or controlled by Nu-
Tone Products Corp. unless and until the hair dye products which
it sells are manufactured by it or by some organization owned,
operated or controlled by Nu-Tone Products Corp. ; that the use of
its hair dye products will cause hair to look natural or cause hair
to have a soft texture or have any beneficial effect on hair texture ;
that their use will banish, eliminate, end, or rid one of gray hair
or cause one to remain young; that its hair dye products are
vegetable compounds; that their use will cover hair roots or have
any effect upon the color of hair roots; that hundreds of thousands
or any other number of women have specified their requirements
for a hair dye, or that the respondent’s hair dye products are new
or made of ingredients of recent origin or development. (02840)

Physicians’ Supply Co., Inc., 1127 Fourth Ave., San Diego,
Calif., engaged in selling girdles designated “Air-Way Girdles,” has
stipulated that it will discontinue representing by the use of the
designation “Air-Way Reducing Girdle,” or by any other means,
that wearing an Air-Way Girdle will cause one to reduce, or will
effect a definite reduction in weight or measurement, or result in
the loss of fatty tissue; that Air-Way Girdles are non-absorbent,
and that the possibility of skin infection from excreted waste matter
absorbed by a girdle is eliminated by wearing an Air-Way Girdle.
(02842)

Polar Co., a corporation trading under the name Masterlite
Lamp Co., Hoboken, N. J., engaged in the manufacture and sale
of electric bulbs or lamps of various types, including one such
device called “Double-Life,” has entered into a stipulation in which
it agrees to cease and desist from stating or representing in any
manner that the use of its commodities will effect or result in a
saving of 20% or up to 40% on lighting costs, that is to say, re¬
duce electric light bills by 20% or more, or any other amount
which is exaggerated or in excess of what is actually the fact,
or that its commodities will last from two to four times longer
than standard bulbs, or that the commodities have an average
burning life of 2000 hours, or that they meet Bureau of Standards
specifications in all respects, (3185)

David B. Silvenuan — David B. Silverman and Harry Shulak,
in connection with the sale of fur coats, agree to desist from the
use in advertisements or on labels, tags, brands, or otherwise of
any designation or description of a fur garment which deceptively
conceals the true name or nature of the fur, with the effect of
misleading purchasers; from disseminating advertisements, invoices
or other descriptive literature pertaining to coats or garments
manufactured from dyed furs which fail clearly to disclose that
they are made from dyed furs, peltries of skins; and from repre¬
senting the sales price of their products as a “mere fraction of their

actual worth” or as less than the worth or cost price thereof when
such worth or cost price is in excess of or equal to such sales price ;
or from representing that so-called “values” offered are due to
quantity purchases, unless the number of articles purchased is as
represented and unless such quantity purchases do in fact result
in special values or reduced prices to purchasers. (3183)

Supreme Hosiery Company — Samuel K. Kreenberg, trading
as Supreme Hosiery Co., 807 Roosevelt Road, Chicago has made
a stipulation to cease certain representations in the sale of lingerie
and hosiery.

Under his stipulation, the respondent agrees to cease using the
terms “Fashioned,” “Full Fashioned” or “New Fashioned” to de¬
scribe hosiery not made by the process used in producing “fash¬
ioned” hosiery, and to desist from various other representations
concerning the quality of his products or the materials of which
they are made. (02838)

July Index

Page

American Society of Composers, Authors and Pub¬

lishers . 579

NBC Proposes Solution of ASCAP Music

Problem . 579

Army Training of Radio Technicians in the Army

Air Corps . 599

Broadcast Music, Inc. . 581-596-610-629

ASCAP Attacks . 610

ASCAP Writers License New Compositions for

Broadcasting . 581

Band and Orchestra Catalogue . 610

Doubles Royalties . 598

Feature Tunes . 581-597-611-630

Hit Writers and Hobby Writers . 581

Kornheiser Joins BMI . 581

More New Songs for Broadcasters . 596

New Arrivals . 610

Radio Tunes, Inc. — New BMI Subsidiary . 596

Song Birthdays . 629

Engineering . 612

NAB Recording Questionnaire . 612

Recording Standard . 612

Federal Communications Commission . 584-599-614-624

Amateur Rules Amended . 600

ANPA Intervenes . 609

Army Station Call Letters Changed . 599

Commercial FM for California . 614

Commercial Television Grant — W2XB . 614

Defense Communications Board . 586

Educational Station — University of Illinois , 614

FM Station for Lansing . 631

Hollywood Grant . 631

Monopoly Hearing . 584

New Network Rules . 614

Newspaper Hearings . 624

Network Rules Postponed . 631

Order No. 79-A . 585

Order No. 82 Amended . 586

Procedure for Newspaper Hearings . 585

Subscriber Broadcast Service without Advertis¬
ing Proposed . 585

Thompson’s Term Expires . 586

Federal Legislation . 631

Federal Time Sales Tax . 623

Insurance Coverages . 631

Klugh, Paul B. . 613

Labor . 583-599-613

WKRC Strike . 584-599-613

Wage and Hour Act . 583-599

Wage and Hour Pamphlet Revised . 599

August 8, 1941 —($79

Page

Page

Muzak License . 595

NAB . 595-598-609-611

Defense Committee . 595-609

Executive Committee Meets . 595-610

Members of the Executive Committee 610

Sales Managers Committee Named . 598

Sales Managers Executive Committee 611

National Defense . 583-595-609-613-629

All Out for the Navy! 595

“Arms for the Love of America” . 613

Army Maneuvers . 613

Defense Program Priorities . 609

Defense Resolution . 609

Flying Cadet Campaign . 595

Fourth of July Program . 583-596

Hold “Aluminum Maneuvers” . 629

Michigan Junior Chamber of Commerce Thanks

Radio 629

Radio Appeal Gets Auto . 629

Radio Delivers for Army 583

Radio Locates Manpower . 583

Radio Men in Service . 583

Radio to Conserve Power . 583

Selective Service Drawing . 595

National Defense — Continued

Stations Support Registration . 583

Strong Hoosier Campaign . 629

Peabody Awards . 613

Sales 582-598-611-628

Advertiser Seeks Commission . 598

Audience Reaction Reported . 598

Business Outlook . 598

Cost-Per-Inquiry . 598-612-628

Acme Products Company -X-Pel . 598

Allen A. Funt — House of Westminster, Inc. 598
Lester A. Loeb . 612

Pitluk Advertising Company — Patriotic

Plaque Company . 629

Shapiro & Schoenbrod Agency — Monarch

Cameras . 612-628

Free Time Requests . 612

Louise Sloan, Texolite . 612

Mail Clause in Contracts . 583

National vs. Local Rates . 612

Networks Recognize Cash Discount . 582

Sales Managers Committee Named . 598

Sales Managers Executive Committee . 611

“Your Career in Radio”

584

680 — August 8, 1941

1626 K STREET, N. W.

WASHINGTON, D. C.

Vol. 9, No. 32, Ausust 15, 1941

Radio Time Sales Tax

AFL OPPOSES TAX

The E.xecutive Council of the A. F. of L. adopted
the following resolution;

“While labor is firm in its belief that the U. S.
Government should levy extra taxes on the people to
pay for defense work, we do not believe in punitive
or discriminatory taxes such as that levied on ad¬
vertising in radio. Broadcast employees, men and
women, when out of work cannot fit themselves into
defense work.”

H.R. 5417, the tax bill, which among other provisions imposes
a S-IO-IS per cent tax on the gross receipts of the time sales of
broadcasters, is now before the Senate Finance Committee. Hear¬
ings which are being held in the Senate Finance Committee Room,
third floor of the Senate Office Building, opened on Friday,
August 8.

After hearing from its own tax experts and treasury officials, it
yesterday called to the stand several who made statements bearing
directly upon the proposed tax on radio broadcast receipts.

Among others who were heard were John Benson, President of
the American Association of Advertising Agencies. Mr. Benson’s
statement follows:

“On behalf of the American Association of Advertising Agencies,
a professional body whose members handle two-thirds of the na¬
tional advertising of this country. I desire to protest against
imposing a special tax on advertising and advertising media, as
provided in Section 3269 of Part II, in the tax measure now before
the F'inance Committee, H.R. 5417.

“Advertising agencies have no direct financial interest in this tax,
as it is not imposed upon them; nor do they have any bias in favor
of any one advertising medium or group of media, using them all
impartially when and as required to solve a given advertising or
marketing problem for a client. Having any ownership interest
in a medium of advertising would be a breach of our ethical code.

“Hence we hold no brief for either the outdoor or radio broad¬
casting media as such. What we deplore about the proposed tax
on them is the burden it imposes upon advertising itself and the
cost of distributing goods. Advertising is but one of several forms
of selling and is often used to facilitate or economize sales effort.
If such a tax were imposed, manufacturers would either do less
advertising and hence sell less goods, or they would continue to do
the same amount of advertising at increased cost, which would
tend to raise prices to consumers.

“If advertisers sell less goods, they employ fewer people to
make them, and the tax would contribute to unemployment. If the
manufacturer raises his prices, it would contribute towards infla¬
tion.

“In addition to the above, a tax on advertising would be dis¬

criminatory between manufacturers which use advertising as a
means of selling and those which use other forms of selling but
do not use advertising.

“One of the most important services that advertising renders to
distribution is to save time, effort and money in moving goods
from producer to consumer. Cost of the media is a big factor,
of course, in this economy of the advertising operation. It does
not matter how effective the advertising appeal may be, to increase
the cost of the channel used to reach a market will lower the
efficiency just that much, with one or more of the following results:

1. Slow down civilian production and non-defense employment
of labor. Printers and pressmen are not benefited by an
offensive tax of this sort. Their employment depends on
successful advertising, as a whole, which breeds more advertis¬
ing and more printing whatever the media used. One medium
feeds into another.

2. Lessen volume of business done and reduce available net
profit, from which more taxes could be derived.

3. Reduce the margin between selling price and cost of distribu¬
tion, which might be used in raising wages or in improving
product.

4. By raising the cost of selling, add to the upward spiral of
prices, with its trend towards inflation.

The plea has been made that this special radio tax is not imposed
upon advertising, but on entertainment. In our opinion, this is
not true. Only the commercial revenues are to be taxed. Com¬
mercial radio advertising is not entertainment ; it merely uses
entertainment as an aid in selling. Therefore, the tax is on a
method of selling, not on entertainment.

“May I say a word about the timely public service which can
be rendered by advertising during the defense emergency and why
it should not be handicapped or burdened in rendering that
service.

“Advertising is a definite brake on inflation and high prices. It
does not stimulate desire for more civilian goods than can be
produced. It does not encourage indiscriminate demand by the
public. It promotes good will for a specific product or service
and does not stimulate immediate sale unless the product is avail¬
able or can be adequately produced. Arousing desire for goods
which conflict with defense production would not result in suffi¬
cient sales to pay for the advertising, and would also cause ill will
instead of good will among customers.

“Advertising thus renders an indispensable service by diverting
public attention and desire away from such goods and towards
those which can be made in abundance. This satisfies popular
demand and builds up volume to absorb the expanded purchasing
power of the masses employed in national defense. There is no
better hedge against inflation.

“As the President has pointed out, the nation needs all the eco¬
nomic activity it is possible to produce, for the welfare of its
people and for financing the war effort. Advertising is the effective
spur. How much better to tax wealth and net income than the
means of producing them. To do the latter is like consuming seed
corn instead of planting it and producing abundant crops for con¬
sumption. It would be killing the goose that lays the golden egg.

“And the spur must be vigorous and effective to move an ade¬
quate volume of unrestricted production into consumers’ hands,
with so many lines being restricted by defense.

“In times like these, we should operate our processes of making
and selling goods as efficiently and inexpensively as possible. The
proposed tax would impair that efficiency, and thus produce, we
believe, less total taxes.’’

(Continued on page 682)
August 15, 1941 — 681

Neville Miller, President C. E. Arney, Jr., Assistant to President

Edward M. Kirby, Director of Public Relations; Joseph L. Miller,
Director of Labor Relations ; Frank E. Pellegrin, Director of
Broadcast Advertising ; Paul F. Peter, Director of Research ;
Russell P. Place. Counsel; Lynne C. Smeby, Director of Engineering

RADIO TIME SALES TAX
(Continued from page 681)

G. S. McMillan, Secretary of the Association of National Ad¬
vertisers, Inc., made the following statement;

“The Association of National Advertisers, the body of manu¬
facturers in whose behalf I appear, respectfully protests the imposi¬
tion of the taxes on advertising proposed in H. R. 5417.

“The Association of National Advertisers, Inc., is a non-profit
membership corporation incorporated under the laws of New
York State. It is composed of some three hundred manufacturers
all of whom use advertising as an aid to selling. Its membership
is nation wide and includes companies from almost every industry —
steel, shoes, grocery products, drug products, textiles, etc. Repre¬
sented are both large and small companies with advertising appro¬
priations ranging from the largest to well under $50,000 a year,
a true cross section of American business.

“Membership in the Association is open only to corporations
selling goods or services other than advertising. Publishers, ad¬
vertising agencies, outdoor plant owners, radio station operators
and others engaged in selling advertising are not eligible for
membership.

“As an association composed solely of manufacturers who are
all buyers of advertising, with no financial or controlling interest
in any advertising medium, we hold no brief for radio, outdoor,
newspapers, or other advertising medium per se. An essential part
of the business of such media is the sale of advertising; the principal
business of the members of the Association of National Advertisers
is manufacturing.

"But while we have no particular interest in any one medium,
we are vitally concerned with the preservation of the American
advertising system and hence in the welfare of all media. We are
concerned in the maintenance of free and open competition be¬
tween media.

“We believe the taxes proposed in Title V, Sec. 557 and Title
\T. Sec. 601 of H. R. 5417 are unsound, unfair and discriminatory
and that therefore they should be eliminated.

“We have seen no argument whatever in favor of the tax on
outdoor advertising. We have seen no argument in favor of the
tax on radio advertising except one which proposed such a tax
principally as a punitive matter designed to correct alleged unfair
competition. If there has been unfair competition — which we do
not admit — there are adequate laws dealing with that subject and
existing government agencies whom Congress has designated to
administer them. We do not believe a revenue measure should
be used to confer police power. Further, we believe it is significant
that there has been, to our knowledge, no proposal of such taxes
on outdoor and radio advertising by publishers of magazines or
newspapers nor any testimony favoring the taxes from them.

“It has also been argued that the proposed tax on radio adver¬
tising is an amusement tax. This hardly seems plausible. Amuse¬
ment taxes in the United States are imposed upon and paid by
those enjoying the amusement. Taxes on admissions to theatres,
athletic games and the like are paid by those who purchase tickets,
not by the motion picture companies or the promoters of the
amusement. Such is not the case with the proposed tax on radio
advertising. Again, the tax would be imposed on radio time sales.
That means on sponsored programs only, in other words on
advertisiiif^. No tax is proposed on sustaining programs, on the
broadcasting of special events, speeches, etc., which are just as
surely entertainment as is sponsored material.

“No tax is proposed on magazines — and magazines are designed
as and purchased for entertainment. No tax is proposed on news¬
papers- — and yet sponsored news broadcasts are to be taxed.

682 — August 15, 1941

“In view of the above, we cannot view the proposed levies on
outdoor and radio in any other light than as a direct tax on
advertising. Further, as practical business men, we know that
tax will be passed on to the manufacturer, the buyer of adver¬
tising.

“We believe it is unwise and unsound to tax advertising. We
in this country are engaged in mass production. In order to have
mass production we must have mass distribution, and in order
to have mass distribution we must have advertising. It is a
vital part of selling and by far the most economical way to move
the goods made by the men in our factories.

“.Advertising is not a finished product. It is a business process —
just as important and essential a business process as is engineering
or production. It is a function not a product. Taxing one func¬
tion of business, isolating that function and imposing a tax upon
it, is to our mind unsound.

“There is nothing mysterious, there is nothing impractical about
advertising. On the contrary it is one of the most practical
processes in our whole system of free competitive enterprise.
It is the means of telling the public what there is for sale and
where it can be obtained.

“More than any other force in business, advertising has a

(Continued on page 684)

Priorities

Commercial broadcast station requirements for maintenance and
repairs will soon be brought under the order granting an A-10
priorities rating to those industries considered to be essential to
the national defense program, it was stated to NAB by 0PM this
week. This will take place as soon as the facilities of the Priorities
Division permit.

The move was indicated by 0PM in its release of August 8,
which announced a new Maintenance and Repairs Rating Plan im¬
mediately available to producers, manufacturers and agencies in nine
industrial classifications. When the plan is extended to commercial
broadcasting, NAB Reports will outline the procedure to be fol¬
lowed in securing maintenance and repair materials thereunder.

Maintenance and repair requirements may now be purchased
locally wherever available without papers of any kind. Further¬
more. manufacturers may supply needs without papers of any kind
when they have no back orders for defense materials. To get
maintenance and repair equipment or material in any other case,
your supplier must in each case fill out 0PM Form PD-1 for
decision. Each case stands on its own merits.

As to materials for new construction under C.P.’s, there is no
allocation program. Therefore your supplier must use Form PD-1
in each case. It is advisable that you furnish photostatic copy of
the C.P. to the supplier to help him in getting the material to fill
your order.

Civic Groups to be Contacted

Under the joint auspices of RCCP and NAB, Mrs. Dorothy
Lewis, Vice Chairman of the Radio Council on Children’s Pro¬
grams, will again make a nation-wide tour starting from New
York, September 21.

She will hold a series of one- and two-day conferences in New
York communities, then proceed across the continent by the
northern route, returning to the east by the southern route. Her
tour will terminate sometime early in December at Louisville,
Kentucky.

She will contact civic radio councils, radio station managers and
those in charge of children’s programs, educators, librarians, and
others who are concerned with children’s programs, and with radio
cultural offerings.

A detailed schedule of her itinerary will be made available as
soon as it is completed.

ANOTHER NAB PUBLICATION

BROADCASTING TO THE YOUTH OF AMERICA

A report on present day activities in the field of children’s radio programs

By DOROTHY LEWIS

Here are a few comments:

Adah F. Whitcomb, Supervisor of Schools Department, Chicago Public